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CC Resolution 2004-009 Jefferson Square EA 2002-462RESOLUTION NO. 2004-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2002-062 AND SITE DEVELOPMENT PERMIT 2002-754. CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-462 APPLICANT: JEFFERSON-WARING, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4' day of November, 2003, and the 20" day of January, 2004, hold a duly noticed Public Hearing to consider Environmental Assessment 2002-462 to allow a t 102,402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site, generally located at the southwest corner of Jefferson Street and Fred Waring Drive, more particularly described as follows: APN: 604-070-003, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10' day of June, 2,V' day -of June, 9" day of September, and the 14" day of October, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2002-462 to - recommend to the City Council certification of said Environmental Assessment to allow a t 102, 402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2002-462) and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of environmental impact should be certified and filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: Resolution No. 2004-009 Environmental Assessment 2002-462 Jefferson -Waring, LLC January 20, 2004 Page 2 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that' mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, as identified in Environmental Assessment 2002- 462. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has already been graded due to construction of an adjacent residential subdivision. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the Environmental Assessment did not identify any wildlife resources on the site. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, in that the project is consistent with the long-term goals of the General Plan, and is currently designated for neighborhood commercial development. The project is on the northern boundary of the City, in an area which, is rapidly urbanizing, and therefore represents a logical extension of development. There is no potential for the project to achieve short-term goals to the disadvantage of long-term goals. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that they are developing as designated under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did identify impacts and with the mitigation measures imposed on the project, impacts will be reduced to less than significant levels. Resolution No. 2004-009 Environmental Assessment 2002.462 Jefferson -Waring, LLC January 20, 2004 Page 3 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to less than significant levels. 8. The City Council has considered Environmental Assessment 2002-462 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2002-462 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment on file in the Community Development Department and .attached hereto. 3. That Environmental Assessment 2002-462 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20`' day of January 2004, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None Resolution No. 2004-009 Environmental Assessment 2002-462 Jefferson -Waring, LLC January 20, 2004 Page 4 6-0sala 1444.-e& DONALD ADOL H, Ma r City of La Quinta, California ATTEST: JUN REEK, CMC, Cit erk City of La Quinta, California (City Seal) APPROVED AS TO FORM: //,/)/ /6z__' - M. KATHRAINE JENS , City Attorney City of La Quinta, California Environmental Checklist Form 1. Project Title: Specific Plan 2002-062, Site Development Permit 2002-754 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Martin Magana 760-777-7125 4. Project Location: Southwest corner of Jefferson Street and Fred Waring Drive APN: 604-070-003 5. Project Sponsor's Name and Address: Jefferson -Waring, LLC Edward Barkett 2800 W. March Lane, Suite 250 Stockton, CA 95219 6. General Plan Designation: Neighborhood 7. Zoning: Neighborhood Commercial Commercial 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project site consists of 10.7 acres at the southwestern corner of Fred Waring Drive and Jefferson Street. The proposed Specific Plan is required to establish the design standards and guidelines for a commercial development of up to 116,500 square feet on a 16.7 acre site. The site plan within the Specific Plan shows a 102,402 square foot project, consisting of seven building areas. The project will include a 50,000 square foot supermarket, an 18,500 square foot drugstore with drive -through, in -line stores associated with supermarket and drugstore, a gasoline service station at the corner of Jefferson and Fred Waring, two 5,000 square foot free-standing buildings, a 7,200 square foot freestanding building, ancillary facilities and associated parking. The Site Development Permit implements the Specific Plan, and allows the construction of the shopping center. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Fred Waring Drive, Low Density Residential development South: Low Density Residential development West: City Park, Low Density Residential development East: Vacant desert lands in the City of Indio 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could. have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are impo yed upon the proposed project, nothing further is required. Signature Date -3- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. -4- 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a), b), c) Both Jefferson Street and Fred Waring Drive are designated as Primary Image Corridors in the General Plan. In addition, the intersection is designated for a Secondary Gateway Treatment. Since the location is a major entry to the City both from City streets and from the I-10 Interstate freeway, its aesthetic value is significant. The Image Corridors in the City were established to preserve aesthetics, reduce urban visual clutter, and improve the quality of life in the City. The proposed Specific Plan meets the standards for height and setbacks in Image Corridors, and impacts are therefore expected to be less than significant. The west elevation, which represents the back of the market, drug store and in -line shops, faces a City park and residential development beyond. This side of the buildings, as the "back of house," shows no significant architectural detail or articulation to relieve the monotony and improve the aesthetic appearance of the structure from a public place. The aesthetics can be improved through architectural details which will provide some architectural interest. Without mitigation, these potential impacts could be significant. -5- In order to reduce aesthetic impacts to a less than significant level, the following mitigation measures shall be implemented: 1. The west and south elevations (per Figure 13 of the Specific Plan) shall be redesigned to add building articulation, to include at a minimum, stone veneer to the bottom of the facades, to relieve the architectural monotony of the current design. 2. The same level of architectural detail applied to the facade of each building or series of buildings shall be applied to each elevation. Particular care shall be taken with all building elevations with exposure on either Jefferson Street or Fred Waring Drive. These were approved by the Planning Commission on October 14, 2003. I. d) Lighting within the proposed project will include parking lot and security lighting. The City's standards will apply, which require that all light be contained within the property on which it is located. No spillage onto adjacent residential and park lands will be permitted. These standards will ensure that impacts associated with on -site lighting are mitigated to a less than significant level. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide. Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (No ag. land in proximity to project site) II. a)-c) The proposed project site is currently vacant desert lands, which has been previously graded. There are no Williamson Act contracts on the parcel. The proposed project will have no impact on agricultural resources. -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) The proposed Specific Plan and Site Development Permit will not generate emissions in excess of South Coast Air Quality Management District (SCAQMD) thresholds for criteria pollutants (see below) and therefore will not obstruct implementation of applicable air quality management plans. III. b) & c) The proposed project will impact air quality from two primary sources: the generation of vehicular traffic to and from the site; and the generation of dust during the construction process. Both these potential impacts are addressed below. The proposed project will result in the generation of 2,713 trips at buildout '. Based on this trip generation, the SCAQMD has established formulas to calculate emissions, which are shown in the Table below. "Jefferson Street/Fred Waring Drive Intersection Analysis," letter report, prepared by urban Crossroads, February, 2003. -7- Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 2,713 x 10 = 27,130 Pollutant ROC CO NOX PM10 PM10. PM10 Exhaust Tire Wear Brake Wear Pounds at 50 mph 5.39 140.14 28.75 - 0.60 0.60 SCAQMD Threshold 75 550 100 150 (lbs./day) Assumes 2,713 trips/day and average trip length of 10 miles. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75 F, light duty autos catalytic The proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution from the proposed project are not expected to be significant. The construction of the proposed project will generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM10 (particulate matter of 10 microns or smaller). The site is also in a very severe wind hazard area (General Plan Exhibit 8.4), which increases the potential for the generation of PM10 as a result of grading activities at the site. The proposed project would result in the disturbance of up to 10.7 acres of land. This has the potential to generate 282.48 pounds of fugitive dust per day during the grading of the site. Since the site will be mass graded and then built in phases, potential also exists for on -going fugitive dust for unbuilt areas. The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and as an on -going issue. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities : Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands : Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust : Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance -8- The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for r-- wind erosion. Parkway landscaping on Fred Waring Drive and Jefferson Street shall be installed immediately upon completion of precise grading of the first phase of development. 8. All portions of the site not part of the first phase of development on the site shall be landscaped or chemically stabilized within 30 days of the termination of mass grading on the site. The project proponent shall submit a landscape or stabilization plan to the Community Development Department for review and approval prior to the issuance of any grading permit on the site. As development occurs, only that building area or pad location shall be disturbed. Phases not yet under construction shall be maintained in a stabilized or landscaped condition until constructed upon. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction- related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM 10 Management Plan. III. d) & e) The proposed project will have little parking adjacent to residential dwellings. The buildings on the site will shelter the residential units from pollution being generated by automobiles. -9- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro'ect: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff.) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 73 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Master Environmental Assessment, p. 73 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Master Environmental Assessment, p. 73 ff.) -10- f) Conflict with the provisions of an X adopted Habitat. Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The project site has been previously and recently graded, and does not have potential as habitat for species of concern. No impacts to biological resources are expected to occur as a result of development of the project. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES — Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Government Code Sec15064.5 ("Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to Sec 15064.5? ("Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? "Interim Cultural Resources Report, Hotel I I I Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) V. a) - d) The project site has been previously and recently graded. No impacts to cultural or paleontologic resources are expected to occur as a result of the proposed project. -11- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i)-iv) The proposed project lies in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. A geotechnical study will be required for the construction of the proposed project. The risk of liquefaction on the site is considered low. -12- VI. b) The site is located in a very severe blowsand hazard area, and will therefore be subject to significant soil erosion from wind. The project proponent will be required to implement the mitigation measures listed under air quality, above, to guard against soil erosion due to wind. These mitigation measures will lower the potential impacts associated with wind erosion to a less than significant level. VI. c)-e) The soils on the subject property have a low expansion probability, as defined in the Uniform Building Code. The soils on the site are not expansive, and will support the development proposed by the project proponent. The soils will require over -excavation, as required in the City's standards for construction under the Uniform Building Code. These standards will ensure that the stability of the soils is mitigated. The project will be connected to sanitary sewer provided by the Coachella Valley Water District, and will not rely on septic tanks. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact . VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) -13- e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The proposed project will include typical commercial development found in a neighborhood shopping center. The proposed gasoline service station will be required to meet regional, state and federal standards for storage of gasoline products, and will be subject to on -going jurisdiction of these outside agencies. Should any of the businesses which locate in the center wish to store or transport hazardous waste, they will be required to secure all necessary permits from the Riverside County Health Department and other agencies, as needed, to allow for such storage or transport. The standards imposed by these agencies will lower the potential impacts associated with hazardous materials to a less than significant level. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) -14- b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Project Grading, Site Hydrology) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Project Grading, Site Hydrology) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Project Grading, Site Hydrology) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) -15- VIII. a)- e) The proposed project will be responsible for the drainage of on and off site flows. The City Engineer requires that all project retain the 100 year storm on -site. The proposed project includes an underground retention system, to be located beneath the parking lot. The retention basin will be fed by a series of pipes. The City Engineer will review all proposed plans for the system, and approve them prior to the initiation of any construction of the site. The City Engineer will also require regular scheduled maintenance of the system to assure its proper functioning. The City Engineer will also require the use of water purifying devices, to ensure compliance with NPDES standards for the underground retention basin. These City standards will lower the potential impacts associated with on -site flood control to a less than significant level. The Coachella Valley Water District provides domestic water to the subject property. As a commercial project, the buildout of the proposed project will generate a lower need than residential projects of similar size. The proposed project will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts to groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. VIII. f) & g) The proposed project does not occur in a 100 year flood plain and does not propose residential development, and will therefore not place housing or other structures in such a flood plain. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General „ Plan, Specific Plan, Local Coastal Program, or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) -16- IX. a)-c) The proposed project site is currently vacant, and designated for commercial development. The construction of the proposed project will not divide an established community. The project site is located within the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay fees in place at the time of building permit issuance. The applicant/developer will have to enter into a restricted covenant between the City and the applicant/developer for some means of compensation, in order to allow the building to be constructed where proposed. The covenant shall be done to the satisfaction of the City Council, at the expense of the applicant, and with no use of public funds. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The project site occurs outside the MRZ-2 Zone, and is not expected to contain mineral resources. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE - Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) -17- c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project. vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, . would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project is located at an intersection which does and will generate relatively high noise levels. Commercial development, however, is not considered a sensitive receptor, and the potential impacts at the center are expected to be less than significant. The site is, however, adjacent to existing residential land uses on its south boundary. Residential land uses are considered sensitive receptors, and noise levels must meet the City's standards for such uses. The proposed project will include buildings along the south side which will be the back of businesses. The primary potential noise impacts associated with the proposed project and adjacent residential land uses will be associated with vehicular noise. The loading and unloading of trucks at the back entrances of the shops in the Shops 1 and Shops 2 building could potentially result in temporary noise levels in excess of the City's standards. These are, however, temporary and occasional impacts, which are not expected to be sustained for long periods of time. Of particular concern would be impacts during the quieter evening and night-time hours. A short-term inconvenience and nuisance could occur without the implementation of the following mitigation measure: The project proponent shall include prohibition on deliveries to Shops 1, Shops 2 and Pad C during the hours of 9 p.m. to 8 a.m. in the project CC&Rs. A copy of the CC&Rs shall be submitted to the City Attorney's office for review and approval prior to issuance of building permits. -18- XI. c) The construction of the project will generate noise from construction equipment and activities. The residential land uses occurring on the south property line will be impacted by construction noise. In order to assure that these residents are not significantly impacted by construction noise, the following mitigation measures shall be implemented: 1. Construction staging areas, and stationary equipment such as generators and service areas, shall be located in the northern half of the site. 2. The construction hours stipulated in the City's noise ordinance shall be strictly adhered to. XI. b), d) & e) The project land uses are not expected to generate groundborne vibrations. The project site is not within the vicinity of an airport or airstrip. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING ft Would the project: a) Induce substantial population growth X in an area, either directly (for example, by.proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The site is currently vacant, and will not displace existing housing or people. Although the project will create some jobs, the number is not expected to be significant, and will be absorbed in the normal growth of the community and surrounding communities. No impacts to population and housing are expected to occur as a result of the proposed project. -19- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will offset the costs of added police and fire services. The proposed project will be required to pay the state -mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, the project will be required to participate in the City's Impact Fee Program. Site development is not expected to have a significant impact on municipal services or facilities. -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed project will result in the construction of commercial retail buildings, which will not impact recreational facilities in the City. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) -21- d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency X access? (Project description) f) Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-b) The proposed project will generate 2,713 trips per day. The City has approved a General Plan Amendment, which redesignates Fred Waring Drive to a major arterial from Washington to Jefferson, to bring it into conformance with the Regional Arterial Program. These improvements include the construction of three through lanes, dual left turn lanes, a deceleration lane, a dedicated right turn lane and a bike lane on Fred Waring heading east. In addition, Jefferson Street will include three through lanes, two deceleration lanes, and a bike lane heading south. These improvements will assure that the intersection operates at an acceptable level of service. XV. c)-g) The project will not impact air patterns. The proposed project design currently exceeds City standards for parking, and does not include unsafe design features. The site plan provides for emergency access points. Alternative transportation in the form of bus stops will be implemented throughout the area based on General Plan policies and programs. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) -22- c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) . e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The project developer will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. -23- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site has been previously graded, and does not contain potential habitat for fish or wildlife. The construction of the proposed project will not degrade the quality of habitat in the area. Nor will the project have any impact on cultural resources. XVII. b) The project is consistent with the long term goals of the General Plan, and is currently designated for neighborhood commercial development. The project is on the northern boundary of the City, in an area which is rapidly urbanizing, and therefore represents a logic extension of development. There is no potential for the project to achieve short term goals to the disadvantage of long term goals. -24- XVII. c) The impacts associated with the project are not cumulatively considerable. The project is consistent with that analysed in the General Plan EIR. Buildout of the General Plan in this area was found to be less than significant, with mitigation. The mitigation measures imposed with adoption of the General Plan, combined with those imposed on this project, will reduce potential impacts to a less than significant level. XVII. d) The project has identified impacts associated with aesthetics, noise and air quality, which all affect human beings. However, a number of mitigation measures are proposed which reduce the potential impacts to a less than significant level. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. None b) Impacts adequately addressed. Identify. which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. . 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