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CC Resolution 2004-138RESOLUTION NO. 2004-738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 32398. CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-513 APPLICANT: ROBERT SCHUMACHER WHEREAS, the City Council of the City of La Quinta, California, did, on the 16' day of November, 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher for certification of Environmental Assessment 2004-513 for Tentative Tract Map 32398 to subdivide f 110.90 acres into 392 single-family lots, a ten acre commercial lot and miscellaneous lots, generally located at the northeast corner of Monroe Street and Avenue 60, more particularly described as follows: APNs: 764-240-002, 063, 004 & 005 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of September, 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher to certify a Mitigated Negative Declaration, to subdivide t 110.90 acres into 392 single-family lots, a ten acre commercial lot and miscellaneous lots; and, WHEREAS, the Planning Commission adopted Resolution 2004-067 recommending to the City Council certification of Environmental Assessment 2004- 513 for Tentative Tract Map 32398 and Specific Plan 2004-067; 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 Environmental Assessment 2004-513, 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, and therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification; 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. 2004-138 Environmental Assessment 2004-513 Robert Schumacher November 16, 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. 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 been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 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, as significant effects on environmental factors will be reduced to less than significant levels as identified in the Environmental Assessment. 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 the site will be developed consistent with the existing land use designations 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 not identify any significant impacts which would affect human health, risk potential, or public services. Resohrtion No. 2004-138 Environmental Assessment 2004-613 Robert Schumacher November 16, 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 a less than significant level. 8. The City Council has considered Environmental Assessment 2004-513 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 2004-513 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote, to wit: AYES: Council Members Henderson, Perkins, Sniff, Mayor Adolph NOES: Council Member Osborne ABSENT: None r-- r ABSTAIN: None Resolution No. 2004-138 Environmental Assessment 2004-513 Robert Schumacher November 16, 2004 Page 4 DONALD Ab LMOMayor City of La Quinta, California ATTEST: JU E REEK, CMC, City dierk City of La Qui'nta, California (CITY SEAL) APPROVED AS TO FORM: TH RIWEty Attorney City of L Quinta, California Environmental Checklist Form 1. Project title: Specific Plan 04-072, Tentative Tract Map 32398 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: Northeast corner of Avenue 60 and Monroe Street APN: 764-240-002, -003, -0041, &-005 5. Project sponsors name and address: Robert Shumaker 2995 Woodside Road, #400 Woodside, CA 94062 6. General Plan Designation: 10 acres 7. Zoning: 10 acres Neighborhood Neighborhood Commercial, 100 acres Medium Commercial, 100 acres Medium Density Residential Density Residential 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.) Specific Plan to establish the development standards and guidelines for a 10 acre neighborhood commercial shopping center at the northeastern corner of Monroe Street and Avenue 60, as well as a total of 392 single family homes and open space on the remaining 100 acres. The Specific Plan includes narrow private streets, back yard lanes with garage access, a 1.2 acre park, and a series of central retention basin/common area open space areas. Building heights are proposed to average at 22 feet, with a maximum of 28 feet. The neighborhood commercial component of the project would allow up to 108,900 square feet of commercial retail space within the 10 acre site. A Tentative Tract Map to subdivide 110 acres into the .10 acre commercial lot, 3 92 single- family lots, and miscellaneous lots. Minimum lot size is proposed to be 6,000 square feet with an average lot size of 6,600 square feet. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant (Low Density Residential, Medium Density Residential, Neighborhood Commercial) South: Avenue 60, Vacant Desert, Agriculture (Low Density Residential w/Agriculture/Equestrian Overlay, Medium High Density Residential, Golf Course) West: Monroe Street, (Low Density Residential, Golf Course) -1- East: Vacant Desert (Low Density Residential w/ Agriculture/Equestrian Overlay) 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 Page - 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/Traff c 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 environment, there will not be a significant effect in this case because revisions ' in the project have been made by or agreed-t D by the project proponent. A MITIGATED NEGATIVE DECLARATION will bc prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT RtPORT is required. I find that the proposed project MAY "potentially significant unless mitigat effect 1) has been adequately analyze legal standards, and 2) has been addr( analysis as described. on attached shee is required, but it must analyze only t] I find that although the proposed proje environment, because all potentially si adequately in an earlier EIR or NEGA standards, and (b) have been avoided < NEGATIVE DECLARATION, includ imposed upon the proposed project, nc ��i^C // Si gave a "potentially significant impact or i" impact on the environment, but at least one in an Iearlier document pursuant to applicable sed by mitigation measures -based on the earlier i. An ENVIRONMENTAL IMPACT- REPORT effects that remain to be addressed. I could -have a significant effect on the paificant effects (a) have been analyzed 'IVE DECLARATION pursuant to applicable r mitigated pursuant to that earlier EIR or ag revisions or mitigation measures that are thing fi;Ww is required. August 27, 2004 Date 4. 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 aswell 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. -4- 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 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 -5- 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)-d) Neither Monroe Street nor Avenue 60 are designated Image Corridors in the General Plan. The site is relatively flat, and does not contain any significant landforms. The site is some distance from both the surrounding mountains, and proposes structures which will not exceed 28 feet. The project will not have a significant impact on scenic vistas. The primary source of light and glare at the site will be automobile headlights. The residential portion of the project will have limited lighting in landscaping. The commercial corner will have parking lot lighting. The City regulates lighting levels through the Dark Sky Ordinance and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would the project: 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 ff.) X b) Conflict with existing zoning for 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? (General Plan Land Use Map) H. a)-c) Agricultural activity has occurred both on and around the site. A nursery occurs north of the site. There are no known Williamson Act contracts on the property. The area is designated in the General Plan for Medium Density Residential and Neighborhood Commercial land uses, and is on the edge of the urbanized area of La Quinta. The area is a mix of vacant desert lands and agriculture. Although the area has in the past been active for agriculture, the land use designations on the site, its location within City limits, and in the urbanizing portion of the City, make the site unsuitable for long term cultivation. Impacts to agricultural resources are expected to be less than significant. -7- 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) III. a), b) & c) The largest contributors to air quality impacts in the City are vehicular emissions and blowing particulate matter. The proposed project will generate up to 392 single family homes, and a neighborhood commercial shopping center of up to 108,900 square feet. The traffic report prepared for the proposed project estimated that the project site at build -out would generate up to 10,769 trips per day (ADT)l. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. 1 "Northeast Corner of Monroe Street at Avenue 60'' Focused Traffic Review," prepared by RK Engineering, March, 2004. -8- Moving Exhaust Emission Projections at Project Euildout (hounds ner dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 10,769 x 15 = 161,535 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 143,538.15 3773,991.90 77,536.80 - 13,615.35 1,615.35 Pounds at 50 mph 32.09 834.42 171.16 - 3.57 3.57 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 10,769 ADT. Based on California Air Resources. Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75'F, light duty autos, catalytic. The Table shows that the. proposed project, at build -out, will exceed SCAQMD's recommended daily thresholds for carbon monoxide and oxides of nitrogen. The project is consistent with the land use designations placed on the site in the General Plan, however. During the environmental analysis for the General Plan, the City found that the impacts associated with air quality at build -out of the General Plan were offset by the benefits associated with build -out of the Plan, and a Statement of Overriding Considerations was prepared. The EIR included a number of mitigation measures which will be applied to this project. Impacts associated with air quality will also improve as vehicle technology improves, and the impacts above are likely to be conservative. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction- process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, re -vegetation, track -out control. BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, re -vegetation. BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, re -vegetation. BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance. The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 2,904 pounds per day, for a limited period while grading operations are active. This calculation assumes that the entire site is Wa to be graded at once. Given the varied land uses and the size of the residential component of the site, it is likely that grading will be completed in phases. Impacts associated with dust are therefore expected to be lower. 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 PM10 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 shall 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. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaping on Monroe and Avenue 60 will be completed during the first phase of earthmoving activities, as will the project's perimeter wall. 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 Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project will consist of residential units and smaller commercial businesses. It is not expected that objectionable odors will result from any of these land uses. -10- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X 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 (Letters dated March 16 and June 9, 2004, LSA Associates) b) Have a substantial adverse effect on any X 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? (Letters dated March 16 and June 9, 20049 LSA Associates) 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? (Letters dated March 16 and June 9, 20049 LSA Associates) 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? (Letters dated March 16 and June 9, 20049 LSA Associates) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or -11- other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-f) Habitat Assessments were prepared for the site for the Burrowing Owl and for Coachella Valley Round -Tailed Ground Squirrel2, the two species of concern identified as having potential to occur on the site. Both surveys were negative. The disturbed nature of the property, as well as the agricultural activity on surrounding parcels, and the two roadways on two sides of the project site, make the site unsuitable for these species. The project site is located outside the boundary of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Impacts to biological resources are expected to be insignificant. u 2 Letter dated March 16, 2004 for burrowing owl, and June 9, 2004 for Coachella.Valley round -tailed ground squirrel, signed Lisa Ann Philhower, LSA Associates. -12- Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in x the significance of a historical resource as defined in Section 15064.5? (Archaeological Mitigation and Data Recovery Report... CRM Tech, April 2004) b) Cause a substantial adverse change m* X the significance of an archaeological resource pursuant to Section 15064.5? (Archaeological Mitigation and Data Recovery Report... CRM Tech, April 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (Paleontologic Resources Assessment... CRM Tech, April 2004) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) Phase I and Phase II cultural resource investigations were completed for the proposed project site3. The Phase I analysis, completed in 1998, identified and catalogued a potentially significant site (CA-RIV-5158) on the southern half of the site. As a result, a Phase II recovery was undertaken. The recovery was completed between 2/04 .and 3/04. The recovery yielded ceramic sherds, stone debitage and portions of tools, milling tools, fire affected clay, charcoal, animal bone and manuport items. Artifacts were found at depths of up to 80 centimeters. Although a number of artifacts were recovered from the site, others may still occur within the boundaries of CA-RIV-5158. The loss of artifacts would represent a potentially significant impact. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. A qualified archaeological monitor shall be present during all earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of a certificate of occupancy for the first house on the project site. 3 Archaeological Mitigation and Data Recovery Report, prepared by CRM Tech, April 2004 -13- V. c) A paleontologic survey was prepared for the proposed project site4. The study found that the project site is within the historic lake bed of ancient Lake Cahuilla. The study further found mollusk shells on the project site. Development of the site could result in significant impacts to paleontologic resources without mitigation. In order to assure that these potential impacts are mitigated to a less than significant level, the following mitigation measures shall be implemented. 1. A surface collection of mollusks shall be completed prior to initiation of any earth moving activity on the project site. 2. A paleontologist shall be present on site during all earth moving and trenching activities in areas of undisturbed lakebed soils. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. 4 "Paleontological Resources Assessment Report," prepared by CRM Tech, April 2004. -14- 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? (Prelim. Geotechnical Investigation, Medall, Aragon, May 2004) ii) Strong seismic ground shaking? X (Prelim. Geotechnical Investigation, Medall, Aragon, May 2004) iii) Seismic -related ground failure, X including liquefaction? (Prelim. Geotechnical Investigation, Medall, Aragon, May 2004) iv) Landslides? (Prelim. Geotechnical X Investigation, Medall, Aragon, May 2004) b) Result in substantial soil erosion or X the loss of topsoil? (Prelim. Geotechnical Investigation, Medall, Aragon, May 2004) 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 (Prelim. Geotechnical Investigation, Medall, Aragon, May 2004) 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) -15- VI. a)-e) A geotechnical study was completed for the proposed projects. The geotechnical analysis found that the site is not subject to ground rupture, landslides, expansive soil or seiche. The study did find, however, that the site is subject to strong ground acceleration during seismic events. The City implements the Uniform Building Code standards for seismically active areas, which will assure that all construction on the project site is able to sustain a significant earthquake. The geotechnical study found a high hazard for liquefaction on the site, due to high groundwater and soil types on the site. The study found that without mitigation, soils on the site would be likely to be subject to settlement and lateral spreading. In order to mitigate this potential impact, the study requires the following mitigation measures: 1. The entire project site shall be considered a special foundation zone. Special foundations may include deep pile foundations bearing on non -liquefiable materials, or post -tensioned or other stiffened foundation -slab designs such as rafts or mats. 2. All fill on the property shall consist of engineered fill. Undocumented fill and backfill shall be removed. 3. Minimum anticipated soil stripping shall range from 4 to 7.5 feet, and shall occur as recommended by the project geologist and approved by the City Engineer, following the preparation of final geotechnical analyses. 4. Engineered fill is expected to be required to a depth of at least 5 feet. Final determinations shall be made by the project geologist and- approved by the City Engineer, following the preparation of final geotechnical analyses. With implementation of these mitigation measures, the impacts associated with geology are expected to be less than significant. 5 "Preliminary Geotechnical Investigation, Sandal Beach Project," prepared by Medall, Aragon Geotechnical, May 2004. -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: 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? (General Plan MEA, p. 95 ff.) 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? (General Plan MEA, p. 95 f) 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? (General Plan MEA, p. 95 ff.) 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 -17- emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 if 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 residential component of the project is not expected to result in any significant impacts relating to hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. Impacts are expected to be negligible. Any commercial enterprise which might locate in the neighborhood shopping center, and which would use or store hazardous materials, would be regulated by county, state and federal agencies, whose regulations are designed to mitigate for the potential impacts. These regulations will assure that impacts are reduced 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.) 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? (General Plan EIR p. III-187 ff.) 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? (General Plan EIR p. III-187 ff.) 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? (General Plan EIR p. III-187 ff.) fl Place housing within a 100-year flood X -19- hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service use for domestic use, commercial uses, and for landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. The proposed project includes a series of retention areas which are proposed to carry storm flows through the site. These retention areas will be required to be sufficient to accommodate the 100 year flood flows. The City Engineer will also review and approve hydrology and hydraulic analyses prior to the issuance of grading permits. Impacts associated with storm water drainage are therefore not expected to be significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. -20- 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.) IX. a)-c) The project site is designated Medium Density Residential and Neighborhood Commercial in the General Plan. The proposed project is consistent with this designation. The project will represent a logical extension of the urbanizing land pattern in the City, and will provide a different type of housing and commercial uses to area residents. The project site is not within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. There will be no impacts to land use and planning. -21- 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 proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. -22- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact M. 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? (Prelim. Acoustical Study; RK Engineering, June 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Prelim. Acoustical Study, RK Engineering, June 2004) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Prelim. Acoustical Study, RK Engineering, June 2004) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (Prelim. Acoustical Study, RK Engineering, June 2004) 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) A noise study was prepared for the proposed project6. The noise study found that long term exterior noise levels would exceed City standards for lots located adjacent to both 6 "Tentative Tract 32398 Preliminary Acoustical Study," prepared by RK Engineering Group, June 2004. -23- Monroe Street and the north side of the commercial center site. The report also found that these exceedances can be mitigated through the construction of walls. In order to assure that noise levels at the site meet the City's standards, therefore, the following mitigation measures shall be implemented: 1. A 6 foot block or similar decorative wall shall be installed along the entire frontage of the project site on Monroe Street. The wall shall not have any breaks or openings. 2. A 6 foot block or similar decorative wall shall be installed along the rear property lines of lots 365 through 372, inclusive. The wall shall not have any breaks or openings with the exception of a pedestrian path connecting the residential area to the commercial site. 3. At a minimum, STC 25 windows shall be installed on the following units: Lots 1, 29, 30, 359-363 inclusive, 268-284 inclusive, and 365-372 inclusive. These units shall also be provided a mechanical ventilation system which allows the homes to maintain a "windows closed" condition. Implementation of these mitigation measures will assure that the impacts associated with long term noise levels at the site are mitigated to less than significant levels. The construction of the proposed project will result in temporary and periodic noise increases due to construction equipment. The site, however, is bounded by streets on two sides and by vacant or agricultural lands on the other two sides. There are no sensitive receptors located immediately adjacent to the site. It is therefore expected that impacts from construction noise at the project site shall be less than significant. If the residential project is constructed first, and the neighborhood commercial site is constructed once homes are occupied, there is a potential for significant construction noise impacts to these homes. Should this condition occur, the following mitigation measure shall be implemented: 1. If the neighborhood commercial center is constructed after occupancy of any of the residential units adjacent to the commercial property boundary, a noise analysis and associated recommendations for construction noise mitigation shall be prepared prior to issuance of grading permits on the site. The analysis shall include specific mitigation to reduce potential impacts to adjacent residences to less than significant levels. The project site is not located in an airport land use plan area, or near an airstrip. -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — 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 proposed project will create up to 392 single-family homes and up to 108,900 square feet of commercial retail space. The project is consistent with the General Plan and Zoning designations for the property, and represents a logical extension of the urbanizing pattern in the City. The site is currently vacant, and will not displace any housing or people. Impacts -associated with population and housing are expected to be negligible. -25- 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) Build -out 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. Build -out of the proposed project will generate sales and property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. -26-- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact )UV. 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 project proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City. In addition, the project includes a park site, as well as open r.. space and retention areas for the open recreational use of residents. No impact is expected as a result of the proposed project. -27- 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)? (Focused Traffic Review, RK Engineering, March 2004) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Focused Traffic Review, RK Engineering, March 2004) 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) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Focused Traffic Review, RK Engineering, March 2004) e) Result in inadequate emergency X access? (Focused Traffic Review, RK Engineering, March 2004) f) Result in inadequate parking capacity? X (TTM 32398) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) -28- XV. a)-g) The residential component of the proposed project will take access from both Avenue 60 and Monroe Street. The commercial center is proposed to have two access points on Avenue 603, and one on Monroe Street. A traffic impact analysis was prepared for the proposed project'. The analysis found that the project site has the potential to generate up to 10,769 daily trips at build -out of both the residential and commercial components. The study also recommends improvements to the circulation system, based on the projected access configuration for the site. It was assumed that the residential access on Monroe, and the central access to the commercial site on Avenue 60 would have full -turn access points. The residential access on Avenue 60, and the commercial access on Monroe would have right -in -right -out access only. In order to assess the safety of the access points, the analysis included review of the City's policies for deceleration lanes. The analysis found that in order to accommodate project traffic and turning movements, deceleration lanes would be required. Finally, the analysis included a review of the project's impacts on the intersections of Monroe with Avenue 54 and Avenue 58. The analysis concluded that the background plus project traffic volumes at these intersections would warrant signalization. In order to assure that traffic flow in the vicinity of the project site operates within acceptable levels of service, therefore, the following mitigation measures will be implemented: 1. The project proponent will participate in fair share contributions for signalization of Monroe/Avenue 54 and Monroe/Avenue 58 when warranted. 2. Right turn deceleration lanes shall be installed at project driveways on Avenue 60. 3. A left turn deceleration lane shall be installed at the full access point on Avenue 60. 4. A left turn deceleration lane shall be installed at the full access point on Monroe Street. Implementation of these mitigation measures will assure that project traffic impacts are reduced to less than significant levels. The project does not include unsafe designs, and has sufficient emergency access. On site parking will be regulated by the City's Zoning Ordinance and the provisions of the Specific Plan. 7 "Monroe Street and 60'h Avenue Focused Traffic Review," prepared by RK Engineering Group, March 2004. -29- 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.) 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.) -30- XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility. providers. -31- 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? b) 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)? c) Does the project have. environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) Potential impacts associated with cultural and paleontologic resources have been studied, and mitigation measures are sufficient to reduce impacts to a less than significant level. XVII. b) The proposed project will add to the housing types offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts. -32- XVH. d) The proposed project has the potential to adversely affect human beings, due to air quality, noise and traffic impacts. Mitigation measures are sufficient to reduce impacts_to less than significant levels. 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. Not applicable. 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 erects 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. Not applicable. -33- a) 0 �o a� kf) > o o o o �. M o U O � Cd j o a) � En . o o d- a� O W V � � ..o A iiO1aU � oo C H N H N r- o N 4 O � .-., cn 00 ° V1 C% N M O N O z� Z a � A V W F-� A U p�q �A a �W OV a, c d A. � Q, a i a � U Cd U) A a a� rn n n bA b Cd .. o C7 •° o 4-4 a� .o . F Cd .� rA Ubb Q O "-' O O Q bA �. Cd a a as as �n Q Q A Q x 0 Wz o 4-0 4-0 0 � ; a A a a 0. 5-1 U cis an C A bA O U .. 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