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CC Resolution 2004-160RESOLUTION NO. 2004-160 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 32397 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-522 APPLICANT: CANYON RIDGE L.L.C. WHEREAS, the City Council of the City of La Quinta did on the 21 st day of December, 2004, hold a duly noticed public hearing to consider the request of Canyon Ridge L.L.C. for certification of Environmental Assessment 2004-522 for Tentative Tract Map (TTM) 32397, referred to as the "Project" for the subdivision of 28.43 acres into 74 residential lots, generally, located at 47-555 Washington Street and more particularly described as: A.P.N: 643-090-024, and WHEREAS, the Planning Commission of the City of La Quinta did on the 23rd day of November, 2004, hold a duly noticed public hearing to consider the request of Canyon Ridge L.L.C. for certification of Environmental Assessment 2004-522 for Tentative Tract Map (TTM) 32397, referred to as the "Project" for the subdivision of 28.43 acres into 74 residential lots, generally, located at 47-555 Washington Street and recommended approval by adoption of Resolutions 2004-094 and-2004-095 ; and WHEREAS, the City has prepared the Initial Study and Mitigated Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and WHEREAS, the City mailed a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 15th day of November, 2004 to the Riverside County Clerk; and WHEREAS, the City published a Public Hearing Notice to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun newspaper on November 12th, 2004, such notice was also mailed to all landowners within 500 feet of the Project Site, and all public entities entitled to such notice; and WHEREAS, upon hearing and considering all testimony and arguments, if any, to all interested persons desiring to be heard, said Planning Commission did make the following findings recommending to the City Council certification of said Environmental Assessment: Resolution No. 2004-160 Environmental Assessment 2004-522 Canyon Ridge L.L.C. Adopted: December 21, 2004 Page 2 1. That the Mitigated Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, there could be a significant environmental effect resulting from this project; however, the mitigation measures will reduce the impacts to less than significant. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and are made part of the approval of the project and will mitigate any potential significant effect. 2. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-522. 3. The 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. 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 6. The 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 Project. Resohition No. 2004-160 r--- Environmental Assessment 2004-522 Canyon Ridge L.L.C. Adopted: December 21, 2004 Page 3 7. The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Mitigated Negative Declaration and comments, if any, received thereon. 9. The Mitigated Negative Declaration reflects the independent -judgment and analysis of the City Council. 10. The location of the documents which constitute the record of proceedings upon which the City Council decision is based upon is in the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253. 11. A Mitigation Monitoring Program (MMP), a copy of which is attached hereto as Exhibit A, is hereby adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the mitigation measures during Project implementation. 12. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. 13. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). 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 a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-522 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. Resolution No. 2004-160 Environmental Assessment 2004-522 Canyon Ridge L.L.C. Adopted: December 21, 2004 Page 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 St day of December, 2004, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None (Lo " DON AD PH, yor City of La Quinta California ATTEST: JUN . G EEK, CMC, City CfeW City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. ATHfERIPE JENSON, CI ttorney City of La Quinta, Californi Environmental Checklist Form 1. Project title: Tentative Tract Map 32397 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Fred Baker 760-777-7125 4. Project location: Northwest corner of Washington Street and Avenue 48 (extended) APN: 643-090-024 5. Project sponsors name and address: Canyon Ridge LLC 76061 Fred Waring Drive Palm Desert, CA 92260 6. General plan designation: Low Density 7. Zoning: Low Density Residential 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.) The Tentative Tract Map proposes to subdivide 28.43 acres into 74 single family residential lots of at least 9,800 square feet, as well as lettered lots for streets, landscaping and retention. The site will be accessed from Washington Street, with a primary drive in the southern third of the site, and a secondary street at the northern boundary of the site. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant desert lands, parking lot and St. Francis of Assisi Church (Low Density Residential, ) South: Existing single family residential in Laguna de la Paz (Low Density Residential) West: Vacant desert lands, hillside (Open Space) East: Washington Street, Vacant partially improved lands (Community Commercial) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -1- 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 imposed upon the proposed project, nothing further is required. November 19, 2004 Date -2- 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. -3- 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 -4- 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) Washington Street is designated a Primary Image Corridor in the General Plan. As such, special landscaping and setback requirements will be applied to the project site. The proposed single family residential development will generate single and two story single family homes, some of which will be located on a knoll in the northern portion of the site. The scale of single family homes in this area will not impact views of the adjacent hillsides, and will have a minimal impact on viewsheds in the area. There are no rock outcroppings or other natural features in the vicinity of the project site, other than the Santa Rosa mountains. Impacts associated with buildout of the project site will be less than significant. The primary source of light and glare upon buildout of the site will be from automobile headlights and landscaping lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide X 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.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location X or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The project site is located in an urbanized section of the City, and is not located near agricultural land uses. The closest agricultural lands are several miles to the south and east of the site. There are no Williamson Act contracts on the site, and the zoning of the property is Low Density Residential. There will be no impacts to agricultural resources associated with the proposed project. -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 PM10 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) M. a), b) & c) The proposed project will result in 74 single family homes, which have the potential to generate up to 708 trips per day'. 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. "Trip Generation, Oh Edition," Institute of Transportation Engineers, category 210, Single Family Detached. IVA Moving Exhaust Emission Projections at Project Buildout (hounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 708 x 15 = 10.620 PM10 PM10 . PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 955.80 24,850.80 5,097.60 - 106.20 106.20 Pounds at 50 mph 2.11 54.86 11.25 - 0.23 0.23 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 708 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for chemical emissions. The project's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM 10 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, 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 The proposed project will generate dust during construction. The site has been partially developed, including a decomposed granite parking area, and turfed display areas. The removal of these facilities will generate particulate matter as well. Under mass grading conditions, the 28.43 acres could generate up to 750.6 pounds of dust per day. The existing parking areas are considerably below the grade of the finished pads for the proposed project. Fill will therefore be required to bring these areas to ultimate grade. This has the potential to generate fugitive dust. 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. -8- 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. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Once unloaded, fill shall be watered regularly to assure that blowing dust is kept to a minimum. 6. No stockpiling shall be permitted. Imported fill shall be immediately distributed on the site. 7. No imported fill shall be brought to the site during wind events exceeding 25 miles per hour. 8. 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. 9. 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. 6. Any area which remains undeveloped for a period of more than 3 0 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 7. Landscaping on Washington Street shall be installed immediately following project precise grading, as will the project's perimeter wall. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 9. 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 will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. -9- 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 (General Plan MEA, p. 78 ff.) 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? ("Biological Assessment..." James Cornett, 2000) 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? ("Biological Assessment..." James Cornett, 2000) 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? (`Biological Assessment..." James Cornett, 2000) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? ("Biological Assessment..." James Cornett, 2000) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or -10- other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) IV. a)-f) Biological resource analysis was conducted for the previously approved La Quinta Arts Foundation project2. This analysis, combined with consultation with the California Department of Fish and Game and the US Fish and Wildlife Service, resulted in a series of mitigation measures in association with the project's adjacency to the Santa Rosa mountains, which are considered part of the critical habitat for the Peninsular Bighorn Sheep, for which a Recovery Plan has been adopted. The proposed project does not propose the construction of homes on the hillsides. The construction of facilities for drainage and rockfall hazards along the western property line may require excavation and/or blasting above the toe of slope, which has a potential to impact bighorn sheep. In order to assure that impacts are reduced to a less than significant level, the following mitigation measures shall be implemented: 1. No blasting, ripping or excavation shall be permitted above the toe of slope, as defined in the La Quinta Municipal Code, between January 1 and June 15 of any year. 2. The Homeowners' Association (HOA) for the proposed project shall monitor the project site any signs that bighorn sheep are entering the site. The HOA shall request a list of indicators used to identify sheep presence from DFG prior to grading of the site. The HOA shall take steps to ensure that any observations of bighorn sheep on or near the project site are reported to DFG and the City immediately. If information suggests that bighorn sheep are entering the project site, the HOA shall construct, at its expense, an 8-foot fence between the development and the hillside. The fence shall not contain gaps of greater than 1 I centimeters (4.3 inches). The Foundation shall notify DFG immediately upon receipt of the information suggesting that bighorn sheep are entering onto the project site, and seek any further guidance DFG has to offer regarding the construction of the fence. The fence shall be constructed within three months of the receipt of information suggesting that bighorn sheep are entering onto the project site. If requested to do so by DFG, the HOA shall, at its expense, construct temporary fencing to the specifications of DFG to prevent bighorn sheep from entering the project site pending construction of the fence. ' Any and all fencing constructed will be subject to the City's Hillside Conservation Overlay District. 3. The project developer shall submit a plan, approved by a biologist, which demonstrates that all pesticides, fungicides, herbicides, and fertilizers used on the site will not be harmful wildlife. 4. All exterior lighting shall be aimed away from the hillside. 5. The project landscaping plan will not expose wildlife to toxic materials. All exotic or toxic plans, such as Oleander and Prunis, and plants which are known to 2 "Biological assessment and Impact analysis of the proposed La Quinta arts Foundation Center," prepared by James W. Cornett, April 1999 and 2000. -11- invade or degrade bighorn sheep habitat, such as tamarisk, fountain grass, shall be strictly prohibited. The landscape plan shall be approved by a certified biologist, which approval shall state that the proposed landscape materials are not known to be harmful to wildlife. Prohibited plant materials shall be included in the CC&Rs and provided to each homeowner adjacent to the hillside. 6. The project proponent and HOA shall design its project so as not to facilitate persons to enter onto the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons to enter into the hillsides, the HOA shall post notices discouraging such use. With implementation of these mitigation measures, the impacts to biological resources will be reduced to less than significant levels. -12- Potentially Less Than Less Than No Significant Significant w/ Significant 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'15064.5? ("Archaeological Investigations..." ASM Affiliates, 2000) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("Archaeological Investigations..." ASM Affiliates, 2000) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA, Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) Two cultural resource investigations were conducted for the project site3. The first consisted of a site investigation and report, which recorded a potentially significant site, and recommended further analysis. The second consisted of an on -site excavation of the recorded site. The project site includes three previously recorded sites, and one site recorded during the first site survey in 1998. Testing and data recovery had previously been completed on the three previously recorded sites in 1991. The occurrence of multiple mesquite hummocks makes it likely that additional resources are located on site, and careful grading and on -site monitoring were recommended in the first study. The second study, completed to report on the testing and data recovery at CA-RIV-6214. This process concluded that the site is not significant beyond the recovery performed for the study. V. c) The project site is outside the traditional lakebed of ancient Lake Cahuilla. No paleontologic resources are expected on the site. 3 "A Cultural Resources Inventory and Evaluation of the La Quinta Arts Center Project,"; and "Archaeological Investigations of CA-RN-6214...," prepared by ASM Affiliates, December 1998 and April 2000, respectively. -13- 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? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) 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 (MEA Exhibit 6.1) 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)-e) The project site lies in a Zone III 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. The homes to be built on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The site has been previously developed in its eastern portion, and will require filling. The City Engineer will require the preparation of site -specific geotechnical -14- analysis in conjunction with the submittal of grading plans. This requirement will ensure that the_ filling of the site will be completed in a manner which results in proper compaction of the site. The proposed project is not located adjacent to an area subject to landslides and rockfall. No development is planned, however, on the slopes of the hillsides. The project proponent has included a rockfall barrier along the western property line to protect those homes located immediately east of the site. Impacts from these hazards are expected to be insignificant. The site does not have expansive soils. The proposed project will be required to connect to the CVWD sanitary sewer system, and septic tanks will not be installed. The site is located in an area of severe blow sand potential. The mitigation measures included above under air quality are designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. BF11 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? (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? ("Report of Phase I Environmental Site Assessment," Earth Systems Southwest, October 2004) 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? ("Report of Phase I Environmental Site Assessment," Earth Systems Southwest, October 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 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) -16- 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 construction of the proposed homes will not have an impact on hazards and 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. -17- 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.) f) Place housing within a 100-year flood X -18- 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 residential use 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 proposed project will have to convey waters coming from adjacent hillsides, as well as on site drainage. The City requires that all projects retain the 100 year storm on site. The proposed tract map includes retention basins in on the eastern property line, adjacent to Washington Street. The City Engineer will approve the site hydrology study, to assure that these basins are sized to accommodate the storm flows on the site. The project proponent is also proposing the construction of a swale along the western property line, to convey water from the hillsides to a drainage easement between lots 45 and 46, and into the project streets. This system will be reviewed and approved by the City Engineer, to assure that flows are conveyed in - conformance with the City's standards. 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. -19- 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 Low Density Residential in the General Plan. The proposed project is consistent with this designation. The project site is within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and fees in place at the time that building permits are secured will be collected. There will be no impacts to land use and planning. -20- 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 consists primarily of coarse sands. The site is located in a fully urbanized area of the City, on a major roadway, and is not considered suitable for mineral resources. -21- 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? ("Acoustical Analysis," Eilar Associates, 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Acoustical Analysis," Eilar Associates, 2004 c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Acoustical Analysis," Eilar Associates, 2004) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? General Plan EIR p. III- 144 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 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 impact study was completed for the proposed project4. The study found that the noise levels currently on Washington Street exceed the City's standards for sensitive 4 "Acoustical Analysis Report Canyon Ridge," prepared by Eilar Associates, November 2004. -22- receptors. Since the project is proposing residential structures, the noise levels must be mitigated to an exterior level of 65 dBA CNEL, and the interior noise levels must not exceed 45 dBA CNEL. The study further analysed the site plan for the proposed project, and found that with construction of the two walls, one twenty feet from the eastern property line, and one along the eastern property line of the. eastern -most lots, would reduce the exterior noise levels for the homes in this area to the range of 58.0 to 48.8 dBA CNEL, depending on the location. These levels are well below the City's standard, and will assure that the residents are not significantly impacted by noise. Noise will be generated during project construction. The proposed project is located immediately north of the existing Laguna de la Paz. It is likely that the grading of the site will result in noise levels which exceed the City's standards. However, since these noise levels are temporary and short term, they can be mitigated as follows. 1. Construction activities shall be limited to those hours prescribed in the Municipal Code. 2. All storage and staging areas, as well as equipment servicing areas, shall be located along the northern property line of the proposed project. No storage or staging shall be permitted adjacent to Laguna de la Paz. 3. All construction equipment shall be mufrlered and adequately maintained throughout the construction of the project. With implementation of these mitigation measures, impacts associated with noise at the site are expected to be less than significant. -23- 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 construction of 74 single family homes will not induce substantial population growth. The site is currently partially developed but vacant, and no one will be displaced. Impacts associated with population and housing are expected to be negligible. -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact M. 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.) X M. 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 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. -25- 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 project proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City. -26- 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 EM 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 EK 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) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (TTM 32397) e) Result in inadequate emergency X access? (TTM 32397) f) Result in inadequate parking capacity? X (TTM 32397) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The proposed project is designated Low Density Residential on the General Plan land use map. The site could accommodate up to 114 dwelling units. 74 dwelling units are proposed. The site will generate approximately 708 average daily trips, which are well within the trip generation analysed in the General Plan EIR. That document found that -27- traffic on Washington Street at buildout of the General Plan would operate at an acceptable level of service. Since the proposed project will generate fewer units than originally envisioned, the impacts associated with the proposed project are expected to be slightly lower than previously analysed. The project does not include inadequate parking or unsafe designs. Overall impacts to traffic are expected to be less than significant. -28- 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.) -29- 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. -30- 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) The site has the potential to impact biological resources. These impacts have been mitigated above 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. -31- XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate PM 10, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have also been mitigated to a less than significant level. -32- 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. The Initial Study prepared for the La Quinta Arts Foundation (EA 2000-394) was used in the preparation of this report. 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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