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CC Resolution 2004-162RESOLUTION NO. 2004-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 97-029, AMENDMENT #3 CASE: ENVIRONMENTAL ASSESSMENT 2004-524 APPLICANT: LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 21" day of December, 2004 hold a duly noticed Public Hearing to consider the request of La Quinta Redevelopment Agency for Environmental Assessment 2004-524 prepared for Specific Plan 97-029, Amendment #3, located at the southwest corner of Highway 111 and Dune Palms Road, and more particularly described as the northerly portion of: APN: 649-030-034 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14' day of December, 2004 hold a duly noticed Public Hearing to consider the request of La Quinta Redevelopment Agency to recommend to the City Council certification of Environmental Assessment 2004-524 prepared, for Specific Plan 97- 029, Amendment #3, located at the southwest corner of Highway 111 and Dune Palms Road; and WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community. Development Department; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on November 24, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said Environmental Assessment 2004-524 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared an Environmental Assessment in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Department has determined that the project, as conditioned, will not have a significant adverse impact on the environment because mitigation measures have been imposed on the project that would reduce impacts to Resolution No. 2004-162 Environmental Assessment 2004-524 December 21, 2004 Page 2 less than significant levels, and therefore, is requesting that a Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Clerk's Office on November 23, 2004 as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. Thra prcoposed application 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 2004-524. 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. Potential impacts associated with the habitat of a fish or wildlife population are insignificant in that the site has been previously disturbed by prior grading activities. 3. There is no evidence before the City that the proposed project will have the potential for adverse effects on wildlife resources or the habitat on which the wildli-fe r'sp ends, in that no significant impacts were identified by Environmental Assessment. 2004E-524 regarding wildlife resources. Therefore, the project is found to be "de minimus" on its Effect on wildlife resources. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of land uses for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. Resolution No. 2004-162 l �, Environmental Assessment 2004-524 . December 21, 2004 Page 3 5. The proposed project will not result in impacts which areindividually 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. The construction of additional development in the Amendment area will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. 6. The proposed project has the potential to adversely affect human beings, due to air quality, biology, cultural resources, geotechnical, hydrological, noise and traffic impacts. However, these impacts have been addressed through the imposition of mitigation measures which will lower the potential for significant impacts to less than significant levels on each of these dimensions. 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 2004-524 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. 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 2004-524 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. Resolution No. 2004-162 Environmental Assessment 2004-524 December 21, 2004 Page 4 3. That Environmental Assessment 2004-524 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21" day of December, 2004, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ONALD ADOLP , Mayor City of La Quinta, California ATTEST: JU REEK, CMC, City ClLsfk City c:f La Quinta, California (CITY SEAL) APPROVED AS TO FORM: G M. kKTkRlrfE JENSON, Ci ttorney City of La Quinta, California Environmental Checklist Form 1. Project Title: EA 2004 - 524 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Thomas P. Genovese, City Manager/ Interim Community Development Department City of La Quinta Project Location: West side of Dune Palms, between Avenue 48 and Highway 111 5. Project Sponsor's Name and Address: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 6. General Plan Designation: M/RC — Mixed 7. Zoning: CR — Regional Regional Commercial Commercial 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project involves the disposition and development of a 27.77-acre parcel, including the issuance of all related land use approvals and permits ("the Project") . The parcels are located on the northwest corner of Avenue 48 and Dune Palms in the City of La Quinta, APN 649-030-034 ("the Property"), and are situated between Avenue 48 and Highway 111,, west of Dune Palms. (See Exhibits 1. & 2.) The site is vacant, with some vestiges of previous agricultural activities. (See Exhibit 3.) The La Quinta Redevelopment Agency acquired the Property in March. of 2004, primarily for the purpose of carrying out its obligation to provide affordable housing. Approximately 15.44 acres of the Property will be developed with affordable housing, and the remainder will be developed with retail commercial. The actions, approvals, and permits which will implement the Project include (1) the adoption of a Specific Plan for the 15.44 acres located on the northwest corner of Avenue 48 and Dune Palms, for an affordable housing complex containing up to 300 units of varying sizes as well as accessory facilities (management office, recreation building, swimming pool, etc.); (2) the amendment of Planning Area Ill of the Centre at La Quinta Specific Plan to extend its border to Dune Palms, adding approximately 12.33 acres of property with the potential of an additional 164,000 sq. ft. `of retail development to that Specific Plan; (3) the approval of a parcel map to create a parcel for the affordable housing development, and one or more commercial 1 SACity ClerMesolutionACentre @ LQ EA Checklst.DOC parcels (see Exhibit 4.); (4) approval of the site development permits, conditional use permits, grading permits, building permits, and any other required permits for the construction of the various structures to be built on the site; and (5) disposition of the property by the La Quinta Redevelopment Agency. The property is designated M/RC — Mixed Regional Commercial on the Land Use Element of the General plan. The zoning designation is CR — Regional Commercial. These designations allow a variety of commercial activities as well as high density residential uses so long as there is an affordable component. No general plan or zoning designation change is involved. This Environmental Assessment addresses the impacts of the Project, in combination with the remaining buildout of the existing Planning Area III of the Specific Plan. Primary access to the Project will be from Dune Palms Road. A signalized intersection will be developed to provide an entry to the property at the southern end of the commercial component of the property. This new intersection will be located approximately half -way between Highway 111 and Avenue 48. Additional non -signalized intersections will be located along Dune Palms Road, two serving the residential parcel and at least one serving the commercial ones. No access points from Avenue 48 are proposed. Driveways serving the retail center closest to the corner of Highway 111 and Dune Palms Road consistent with City and Caltrans standards will provide access to the northernmost parcel. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: State Route 1 1 1, with commercial development on north side of highway. South: Avenue 48, bordered by low density residential (Rancho La Quinta). West: Commercial development (Super Wal-Mart Center) adjacent to northerly section of Property; vacant and CVWD pump site along southerly section. East: Dune Palms, bordered by commercial development and school district facility. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Caltrans, for development adjacent to SR 111: Coachella Valley Water District 2 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC 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. X Aesthetics Agriculture X Air Quality Biological Resources Hazards & Resources Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning X X Hazardous Materials Mineral Resources Quality Noise Population / X Public Services Housing Recreation X Transportation%Traf Utilities / Service fic Mandatory Findings of Significance Systems 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 X the 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 11 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 3 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC 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. Signature November 18, 2004 Date 0 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC 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, 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. 5 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC 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. 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 0 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect X on a scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, including, but not limited X to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Project Description Materials) c) Substantially degrade the existing visual character or quality X of the site and its surroundings? (Project Description Materials) d) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? (Project Description Materials) I. a)-c) - The project will alter the visual character of the property from vacant, former agricultural operation to commercial and residential uses. This transition has been anticipated in the City General Plan and Zoning Code which designated the northern portion (closest to Highway 111) for commercial uses and anticipates residential in. the area to the south. Highway 111 is designated as a Primary Image Corridor and Dune Palms and Avenue 48 are Secondary Image Corridors on the La Quinta General Plan (Exhibit 3.6). The site itself is without scenic merit, having been in disuse since the end of agricultural operations. Consistent with City General Plan Policies and zoning regulations, minimum landscape setbacks along the three scenic corridors will be as follows: -- Highway 111: 50 feet Dune Palms: 20 feet Avenue 48: 20 feet 7 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC In addition, City zoning code requires that building heights within 150 feet of the rights - of -way of Image Corridors be limited to 22 feet. These two standards maintain near distance visual character. Because the project will comply with adopted policies regarding enhancing visual character, impacts to these aesthetic topics is expected to be less than significant. In order to provide for continuing views of the Santa Rosa Mountains from the scenic corridors, Mitigation Measure No. AES-1 will ensure that specific building placement is designed to prevent a barrier effect by future development. AES-1: Prior to the approval of any site development or conditional use permit that authorizes structural improvements on the property, applicant shall prepare a line -of -sight or equivalent visual impact analysis meeting the approval of the Director, Community Development, that demonstrates that the placement, height and massing of proposed buildings do not result in significant obstruction of views of the Santa Rosa Mountains. d) Development of the property will increase the amount of ambient light in the area. However, City policies and standards ensure that direct lighting is limited to the property itself. Accordingly, any impacts are less than significant and no mitigation is required. 8 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant .Significant Impact Impact w/ Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (General Plan EIR p. III-22 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson X Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could result X in conversion of Farmland, to non- agricultural use? (General Plan EIR p. III-22 ff.) II. a)-c): Properties adjacent to the proposed project site are urbanized. There is no agriculture in the vicinity. There are no Williamson Act contracts that affect the project site. For these reasons, the proposed project will have no impact on agricultural resources, and no mitigation measures are required. E SACity C1erMesolutionACentre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air X quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or contribute substantially to an X existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard X (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 substantial pollutant X concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a substantial number of X people? (Project Description Materials) III a)-b): City of La Quinta General Plan, with which the proposed project is consistent, reflects Southern California Association of Government's projections of jobs and housing. It is consistent with the Southern California Air Quality Management District plans as 10 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC well. As such, implementation of the proposed project will not conflict or obstruct implementation of the air quality plan. The Coachella Valley is part of the Southern California Air Basin, which is a non - attainment area for a number of pollutants. For the project area at issue, the General Plan EIR assumed a development level consistent with regional commercial uses. Within the General Plan EIR, the area at issue, plus certain additional land, was identified as Traffic Analysis Zone (TAZ) 896. Development intensities associated with this TAZ were utilized in projecting the traffic levels the site would generate as well as the associated air quality emission. The air quality impacts of the General Plan's build -out, were weighed by the City decision -makers at that time and General Plan update was approved, and were overridden in accordance with CEQA Guideline 15092. A statement of overriding considerations adopted at the time the General Plan EIR was certified. The trip generation levels currently anticipated with project buildout are within the daily trip generation rates assumed in the General Plan EIR. Based on the _traffic analysis as well as other project characteristics, the engineering consulting firm of Urban Crossroads prepared an assessment of the project's air quality impacts.' That analysis, examined the following emissions utilizing SCAQMD procedures and the UREMIS model, reactive organic compounds (ROC), nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (Sox) and particulate matter (PM10) in light of SCAQMD thresholds. The results of that analysis are as follows: PROJECT EMISSIONS SUMMARY SCAQMD Daily Thresholds for Project Operations (pounds per day) ROG NOx CO PM 10 SOx Dail (lbs/da) 55 55 550 150 150 SUMMER OPERATING EMISSIONS Area Source 6.96 3.88 3.12 0.01 0 Operations 55.96 36.76 643.76 54.55 0.36 total 62.92 40.64 646.88 54.56 0.36 % threshold 114% 74% 118% 36% 0% WINTER OPERATING EMISSIONS Area Source 6.77 3.86 1.6 0.01 0 Operations 51.05 58.8 548.63 69.68 0.36 total 57.82 62.66 550.23 69.69 0.36 % threshold 105 % 114% 100 % 46 % 0 1 Urban Crossroads, Centre at L aQuinta Air Quality Impact Analysis, November, 2004 11 S:\City Clerk\Resolutions\Centre @ LQ EA Checklst.DOC SCAQMD Daily Thresholds for Construction (pounds per day)' ROG NOx CO TP-M10 I sox Daily (Ibs/day) 75 100 550 150 150 PROJECT CONSTRUCTION EMISSIONS Construction 428.04 292.11 304.97 202.2 0.04 % threshold 571 % 292% 55% 1 135% 0% MITIGATED PRO.)F('_T FMI_QSI[)NS SIIMMARv SCAQMD Daily Thresholds for Project Operations (pounds per day) ROG NOx CO PM10 SOx Dail (Ibs/da) 55 55 550 150 150 SUMMER OPERATING EMISSIONS Area Source 6.94 3.60 3.12 0.01 0 Operations 47.6 29.59 518.27 43.75 0.29 total 54.54 33.19 521.39 43.76 0.29 % threshold 99% 60% 95% 29% 0% WINTER OPERATING EMISSIONS Area Source 6.77 3.84 1.59 0.01 0 Operations 41.42 47.05 439.79 55.63 0.29 total 48.19 50.89 441.38 55.64 0.29 % threshold L 88% 1 93% 80% 1 37% 1 0% SCAQMD Daily Thresholds for Construction (pounds per day)' F_ ROG NOx CO PM10 iid Dail (Ibs/day) 75 100 550 150 150 PROJECT CONSTRUCTION EMISSIONS Construction 60.74 97.61 26.86 75.5 0.04 % threshold ._t_ 81 % 98 % 1 5 % 1 50 % 0% As can be seen, although there are instances when the project does exceed the established thresholds, application of mitigation measures will reduce all air quality impacts to a level below significance. c) As noted above, the proposed project's impacts were anticipated in the General Plan EIR. In evaluating the cumulative impacts of the buildout of the general plan, the City's EIR did include the development of the proposed project. As shown in the traffic analysis, the anticipated buildout of TAZ 896 remains well within the levels assumed in the EIR. There are no site -specific conditions which require further analysis. 12 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC �.-. d) The only sensitive receptor included in the project is the residential component. The residential uses are not located with a quarter mile of any facilities emitting toxic pollutants, nor are the residential uses located adjacent to a congested roadway or other area with a high background carbon monoxide concentration. An assessment was also done in 2004 of potential worst case one -hour carbon monoxide concentrations or "hotspots" as related to the current proposal. The conclusion of this analysis is that the project does not generate enough additional vehicle trips to crate a local CO hotspot. e) The proposed project consists of retail commercial and residential uses that are not expected to result in the emission of objectionable odors. f) The proposed project consists of retail commercial and residential uses that are not expected to result in the emission of objectionable odors. No mitigation is required. MM AQ-1: Prior to the issuance of a grading permit or building permit, whichever comes first, the Applicant shall prepare and implement, a construction management plan, as approved by the City of La Quinta, which include the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD. • Configure construction parking to minimize traffic interferences. • Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). • Schedule construction activities that affect traffic flow on the arterial system to off-peak hours. • Reroute construction trucks away from congested streets. • Consolidate truck deliveries when possible. • Provide dedicated turn lanes for movement of construction trucks and equipment on -and off -site. • Prohibit truck idling in excess of two minutes. • Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturers' specifications and per SCAQMD rules, to minimize exhaust emissions. • Suspend use of all construction equipment operations during second stage smog alerts. • Use electivity from power poles rather than temporary diesel- or gasoline - powered generators. • Use methanol- or natural gas -powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. • Use propane- or butane -powered on site mobile equipment instead of gasoline if readily available at competitive prices. [5.6-21 13 SACity ClerMesolutions\Centre @ LQ EA Checklst.DOC MM: AQ-2 The applicant shall prepare and implement a PM 10 Plan based on the measures of SCAQMD Rule 403, Fugitive Dust, which are in effect at the time of development. The following measures are currently recommended to implement Rule 403, Fugitive Dust. The measures have been quantified by the SCAQMD as being able to reduce dust generation between 30 and 85 percent depending on the source of the dust generation. • Apply approved non -toxic chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas inactive of four days or more). • Replace ground cover in disturbed areas as quickly as possible. • Enclose, cover, water twice daily, or apply approved soil binders to exposed piles (i.e., gravel, sand, dirt) according to manufacturers' specifications. • Water active grading sites at least twice daily. • Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. • Provide temporary wind fencing consisting of three to five-foot barriers with 50 percent or less porosity along the perimeter . of sites that have been cleared or are being graded. • All trucks hauling dirt, sand, soil , or other loose materials are to be covered or should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer,), in accordance with Section 23114 of the California Vehicle Code. • Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (recommend water sweepers using reclaimed water if readily available) . • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. • Apply water three times daily or chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas or unpaved road surfaces. • Enforce traffic speed limits of 15 mph or less on all unpaved roads. MM AQ-3: The Applicant shall implement all rules and regulations adopted by the Governing Board of the SCAQMD which are applicable to the development of the project (such as Rule 402, Nuisance and Rule 1113, Architectural Coatings) and which are in effect at the time of development. MM AQ-4: Prior to the issuance of a conditional use or site development permit, Applicant shall implement the maximum feasible pedestrian and bicycle facilities within and between the commercial and residential components of the project. 14 SACity C1erk\Reso1utions\Centre @ LQ EA Checklst.DOC r— f Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, X 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? (AMEC Report, General Plan MEA, p. 73 ff.) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community X identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (AMEC Report, General Plan MEA, P. 73 ff.) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not X limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 73 ff.) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? (AMEC Report, General Plan MEA, p. 73 ff.) 15 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 73 ff.) a)-c) - The project site has been previously graded and has been disturbed over many years by agricultural activities. Since they were concluded, off road vehicle use, dumping and other unauthorized activities have occurred. In addition, the site is adjacent to urban development. -There are no riparian resources on the site. A biologist from AMEC Earth & Environmental conducted a review of the site during September, 2004.2 This review included both a literature survey and a site assessment. The general conclusion of the study is that the area is highly degraded and not a high value from a biological perspective, due primarily to the factors noted above. A total of nine plant and wildlife species were observed on the property. Only the southwest portion of the site borders an additional two to three acres of open, sandy creosote habitat, potentially suitable for several sensitive species including the Coachella Valley fringe -toed lizard (Uma inornata). These open areas have since been graded for residential development, Tentative Tract 31311 (Santa Rosa Development) in October, 2003. Twenty-five plant and 14 animal species were identified during the survey. None of those observed are considered sensitive species. Although, not all species are observable in a short time period at a single time of year, the literature review, and the AMEC biologists' knowledge of the site vicinity, indicated that while other sensitive plants, animals and habitat types could potentially occur in the vicinity of the property, the degraded condition of the site reduces the potential of such species occurring at this location. e)-f) - Further, review of the EIR for the La Quinta General Plan indicates that the site is not included in the survey areas for species of special interest that could be found in such settings (e.g., Coachella Valley Giant Sand Treader Cricket, Flat -tailed Horned Lizard, the Palm Springs Pocket Mouse). However, the site is in the fee mitigation area for the Fringe -Toed Lizard. 2 AMEC Earth & Environmental, Inc., General Biological Assessment of the RSG La Quinta Site, September 16, 2004, is available for review at the City of La Quinta Community Development Department. 16 S:\City Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Accordingly, the following mitigation measures insure that any impacts on biological resources are reduced to a less than significant level. BIO-1: Common and Special Status Bird nests. If project site grading and/or construction occurs during the nesting /breeding season (typically February through July) of native bird species potentially nesting on the site, then the following measure shall be implemented: Prior to construction or site preparation activities, a field survey shall be conducted by a qualified biologist to determine if active nests of special status birds (i.e., loggerhead shrike) or common bird specified by the migratory Bird Treaty Act and/or California Fish and Game Code, are present in the construction zone or within 50 feet of the construction zone. If active nests are found, a minimum 50- foot (this distance may be greater depending * on the bird species and construction activity, as determined by the biologist) fence barrier shall be erected around the nest site. No construction activities shall be permitted within this nest zone until the young birds have fledged, as determined by the project biologist. BIO-2: Coachella Valley Fringe -toed Lizard and Flat -tailed Horned Lizard. Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, applicant shall pay $600 per acre developed to the City of La Quinta as part of the Coachella Valley fringe -toed lizard mitigation plan. This mitigation structure has been established by the USFWS and CDFG. The fee is applied when lands within known or historical fringe -towed lizard habitat are developed. The project lies within the fee area. The mitigation fee is used to purchase fringe -toed lizard habitat in special preserves, such as the Coachella Valley Preserve area, for the purpose of maintaining suitable habitat for the fringe -toed lizard. In addition, even though there is only a low potential for the flat -tailed lizard to occur on the site due to the disturbed nature of the habitat, the fringe -toed lizard habitat on the site is also suitable for the horned lizard. Measures such as the payment of the mitigation fee that are enacted as part of the Coachella Valley fringe -toed Lizard Habitat Conservation Plan to preserve and enhance fringe -toed lizard habitat will also benefit flat -tailed horned lizard. Therefore the mitigation fee paid for the loss of the fringe toed lizard habitat on the site will also mitigate the loss of the same habitat for the flat -tailed horned lizard. These mitigations are expected to reduce potential project impacts to biological .resources to less than significant levels. 17 SACity ClerMesolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact V. CULTURAL RESOURCES - Would theproject: a) Cause a substantial adverse change in the significance of a X historical resource as defined in Government Code Sec 15064.5 (General Plan MEA, p. 123 ff.) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to X Sec 15064.5? (General Plan MEA, p. 123 ff.) c) Directly or indirectly destroy a unique paleontological resource or X site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including those interred outside of X formal cemeteries? V. a)-d) - As noted above, most of the project site has been previously graded for agricultural activities. Nevertheless, the general vicinity is one of potential significance as having been adjacent to the lakeshore(s) of previously -existing Lake Cahuilla. Archaeologists from the Keith Companies conducted a Phase 1 and Phase 2 Cultural Resources investigations of the Property. This investigation involved both archival and site examinations. Although the site is highly degraded, some historical aspects as well as evidence of pre- historic habitation was noted. Further investigation was undertaken to ensure that no significant resources would be destroyed by project implementation. The results of that work were that it is appropriate to document and salvage artifacts on the site to ensure they will be appropriately catalogued and disposed of in an appropriate manner. The following mitigation measure will ensure that impacts remain below a significant level: MM Cul-1 Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, Applicant shall submit an Archaeological Monitoring program for approval by the Director, Community Development. Said report shall include, but not be limited to, provisions that will ensure that the following issues are addressed: 18 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC �. Any diagnostic artifacts exposed at any site identified in the Phase I study shall be collected for curation at the La Quinta Historical Museum so that additional archival research can be conducted with the La Quinta Historical Museum, the Coachella Valley Historical Museum or other local entities. • For the former dwelling unit in the middle of the parcel, the standing structure and all related features within the site should be photo documented in detail, and a detailed architectural site recode be filed with the EIC. Additional archival research is recommended with the La Quinta Historical Museum, the Coachella Valley Historical Museum and other agencies to seek additional historical information about the site. Focused monitoring of the demolition of the structure should be conducted to recover any historic artifacts of interpretive value, assess significant features that may be exposed and to monitor for buried cultural deposits of older time periods. • The Program shall detail procedures to ensure that an archaeological monitor will be on site during initial grading activities in the vicinity of the sites identified in the Phase 1 Cultural Resources Investigation as well as those activities that would lead to a deeper excavation that may occur following the initial grading sequence The archaeological monitor may be joined by a Tribal monitor is required by local Native American bands in conjunction with federal, State and local requirements. '—` • The Archaeological Monitoring Program shall also detail procedures that will be E followed in the unlikely event that human remains are encountered during project construction, pursuant to Public Resources Code Section 5097.98, to include provisions that the following steps are taken upon discovery of human remains: 1. Stop work immediately in vicinity and contact Riverside County Coroner; 2. The Coroner has two working days to examine human remains after being notified by responsible person. If the remains are Native American, the coroner has 24 hours to notify the Native American Heritage Commission; 3. The native American heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased native American; 4. The most likely descendent has 24 hours to make recommendations to the owner, or representative for the treatment or disposition, with proper dignity, of the human remains and grave goods; 5. If the descendent does not make recommendations within 24 hours the owner shall reinter the remains in an area of the property secure from further disturbance, or; If the owner does not accept the descendant's recommendations, the owner of descendent may request mediation by the Native American Heritage Commission. This mitigation will reduce potential project impacts to cultural resources to less than significant levels. 19 SACity C1erk\Reso1utions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ 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, as delineated on the most recent Alquist-Priolo Earthquake X Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, including liquefaction? (General X Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit X 8.3) b) Result in substantial soil erosion or the loss of topsoil? (General Plan X Exhibit 8.4) c) Be located on a geological unit or soil that unstable, or that would become unstable as a result of the project, and potentially result in on- X or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan Exhibit 8.3) 20 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC d) Be located on expansive soil, as defined in Table 18-1-13 of the X Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste X water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i)-iv) - The proposed project site lies approximately 5 miles from the San Andreas Fault, in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake Due to its location and underlying geology, the risk of liquefaction on the site is considered low. Adherence to State and local seismic standards in the design and construction of structures on the site will ensure that the potential impacts due to seismic events are less than significant impacts. Furthermore, Mitigation Measures noted below will provide that additional design considerations are observed during actual development and construction. GEO-1 Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, Applicant shall conduct a geotechnical investigation to determine whether there are any localized geological constraints that would require special design or construction measures. If such constraints are found, incorporate appropriate design and construction control measures in to grading, foundation and/or structural plans, as recommended by the geotechnical engineer. GEO-2: Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, applicant shall prepare a detailed soils engineering report meeting the approval of the City Engineer. Said report shall include, but not be limited to, the following topics: • Criteria for design of foundations, slab -on -grade construction, site grading specifications and utility trench backfill recommendations. • Structural design to account for the anticipated ground shaking characteristics in the design of the proposed buildings for earthquake loading. Project plans and specifications shall satisfy the seismic design parameters set forth in the latest addition of the Uniform Building Code, as administered by the City of La Quinta. These criteria are considered minimum guidelines for project structural design. 21 SACity @ LQ EA Checklst.DOC b) The site is located in a very severe wind erosion area, and will therefore potentially be subject to significant soil erosion from wind. City standards for construction practice during construction phases will ensure that any such wind erosion remains below a level of significance. c)-e) The soils on the subject property have a low expansion probability, as defined in the Uniform Building Code. Waste water disposal will be provided by the Coachella Valley Water District so there will not be reliance on septic systems or similar methods of waste water disposal. 22 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the public or the environment through the routine transport, use, or X disposal of hazardous materials? (Project Description Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? (Project Description Materials) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or X waste within one -quarter mile of an existing or proposed school? (Project Description Materials) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant X to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (DTSC List) e) For a project located within an airport land use plan or, where such a plan has not been adopted, X 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) 23 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) X g) Impair implementation of or physically interfere with an adopted X emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, X including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) a)-c) The Desert Sands Unified School District operates a childcare center/pre-school at 47950 Dune Palms Road, east of the residential component of the project. Construction of both the commercial and residential areas of the project would involve the use of potentially hazardous materials, particularly fuel and lubricants. Standard City requirements placed on grading and building permits related to required grading and construction fueling practices ensure that such environmental imparts are less than significant In a similar fashion operation of the project, could, involve such things as household cleaners, swimming pool chemicals, fuel and lubricants for lawn maintenance as well as vehicles. Other than motor fuel, federal, State and local regulations and standards set appropriate safety levels for such potentially hazardous materials, particularly given the small amounts of such materials that are typically associated with household or retail uses. These standards and policies will ensure that any impacts to the environment are less than significant. There will, of course, be a higher volume of fuel and lubricants at a retail gas station. Such a use is allowed in the commercial area of the expanded Planning Area III. However, this location is not in the vicinity of any schools, residences or other sensitive land uses. Once again, standard regulations related to the delivery, storage and pumping of gasoline ensure that there will be no significant impacts on the environment. SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC d) The site is not listed on the Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List). A Phase I Environmental Site Assessment was undertaken in by Earth Systems Southwest March, 2004, which identified possible underground storage tanks (USTs), lead and DDT -related issues on the site.' Based on this initial investigation, a Phase II investigation was undertaken. This effort resulted in the conclusion that no USTs are present and lead residues were removed. Lastly, while low concentrations of DDT and its breakdown products were detected in testes performed on surface soil on site, the concentrations were well below the residential preliminary remediation goals (PRGs). The conclusion of this Phase II Environmental Assessment is that potential environmental impacts from hazardous materials on the site are less than significant. e)—h) The site is not located in proximity to any airport or airstrip. It is surrounded by urbanized uses, with access to Dune Palm Road, a primary arterial roadway. Its location does not interfere with any emergency response or evacuation plan. Lastly, due to its location well away from open space areas, the site is not susceptible to wildland fires. 3 Earth Systems Southwest, Report of Phase 1 environmental Site Assessment and Report of Phase II Investigation and Lead Removal, May, 2004. 25 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would theproject: a) Violate any water quality standards or waste discharge X requirements? (General Plan MEA, p. 92ff) b) Substantially deplete groundwater 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 X 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 MEA, p.92ff)) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of X the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (General Plan MEA, p. 92ff) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of X 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 MEA, p. 92ff) 26 SACity C1erk\Reso1utions\Centre @ LQ EA Checklst.DOC e) Create or contribute runoff water which would exceed the capacity X of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or X Flood Insurance Rate -Map or other flood hazard delineation map? (General Plan MEA Exhibit 6.6) g) Place within a 100-year flood hazard area structures which would X impede or redirect flood flows? (General Plan MEA Exhibit 6.6) '—" Vill. a) Pursuant to City of La Quinta policies, conditions of approval will be imposed on the project that require the project comply with the National Pollutant Discharge Elimination System (NPDES) program. Under the NPDES Stormwater Permit issued to the County of Riverside and to the city of La Quinta as one of the co-permitees, all development and significant redevelopment is obligated to implement structural and non- structural facilities for non -point source pollutants reaching the "Waters of the U.S." to the maximum extent practicable. Thus, the proposed project will not affect groundwater quality. b) The project site is not now used for groundwater recharge. In fact, installation of on - site retention basins required for flood control/drainage purposes, will provide a limited recharge enhancement. Development of the project site is consistent with the La Quinta General Plan. Its policies, as well as those of the Coachella Valley Water District, ensure that there is not a significant depletion of groundwater resources. c)-e) The proposed project will result in a decrease in water absorption rates because the amount of impermeable surfaces on the site will be increased over existing conditions. This will also result in the generation of additional runoff on the project site. To compensate for the additional runoff, drainage facilities will be provided as part of the project to direct this runoff to onsite retention basins, thereby ensuring that such impacts are less than significant. These basins will be designed to capture the runoff from the 100-year storm event. Physical and biological project design features, consistent with City standards, will capture and stabilize or reduce polluted runoff to less than significant levels. . 27 SACity ClerMesolutions\Centre @ LQ EA Checklst.DOC f)-g) The project site is not within the 100-year flood plain or a flood hazard zone as defined by the Federal Emergency Management Agency (FEMA). No mitigation measures are required. 28 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Project Description Materials) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to X 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 conservation plan or natural X community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) - The project site is adjacent to commercial development along the Highway 111 corridor. Property on the east side of Dune Palms Road is currently developed for commercial and institutional uses. Property to the south (across Avenue 48) is residential and that to the west is approved for a residential project which is under construction. It will be, in essence, an infill development consistent with City policies and as such will not divide an established community. Its future development will implement the General Plan intent of the Mixed Regional Commercial land use designation Development of the site will not interfere with any Habitat Conservation Plan, although the project site is located within the existing fee area (but not a reserve) for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. No mitigation measures are required. 29 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that X would be of value to the region and the residents of the state? (General Plan MEA, p. 72 ff.) b) Result in the loss of availability of a locally -important mineral X resource recovery site delineated on a local general plan, specific plan or other land use plan? (General Plan MEA, p. 72 ff.) X. a) - b) - The project site is located in the MRZ -1 Zone, and is not expected to contain mineral resources. It has not been used for mineral extraction in the past. Therefore, potential impacts on the environment due to a loss of availability of known regionally or locally important mineral resources are not anticipated. No mitigation measures are required. 30 SACity C1erk\Reso1utions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or X applicable standards of other agencies? (General Plan MEA, P. 111 ff.) b) Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? (Project Description Materials) c) A substantial permanent increase in ambient noise levels in the X project vicinity above levels existing without the project? (Project Description Materials) d) A substantial temporary or periodic increase in ambient noise X levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport land use plan or, where such a plan has not been adopted, X 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) 31 SACity ClerMesolutions\Centre @ LQ EA Checklst.DOC f) For a project within the vicinity of a private airstrip, would the project expose people residing or X working in the project area to excessive noise levels? (General Plan land use map) XI. A noise analysis was conducted by Traffic engineering consulting firm Urban Crossroads to determine the noise impacts associated with development of the project. a) According to the noise contours for General Plan buildout conditions, the noise levels for the exterior living areas (in the residential component of the project site) located within 139 feet of Dune Palms Road and 178 feet from Avenue 48 will exceed the. City's standard of 65 dBA CNEL for residential areas. With a noise barrier (perimeter wall), these noise levels will be reduced to a level below 65 CNEL. b) Neither the operation nor traffic generated by the project is expected to create significant levels of ground borne vibration or noise. The activities permitted in the M/RC Mixed Regional Commercial area do not involve any industrial or similar activities with that characteristic. Further, due to the simple nature of the future structures, the construction activities necessary to complete them will not cause such impacts. c) The off -site noise analysis indicates that for the General Plan buildout conditions, the traffic associated with the proposed project will not create a noise level increase of 3.0 dBA or greater on study area roadways. An increase of less than 3.0 dBA CNEL is generally considered to be insignificant in terms of community noise impact assessment. The results of the off -site noise analysis show that the projected project's noise level contributions will not result in significant impacts to the existing or future sensitive noise receptors identified in the project study area. Noise generated from the proposed commercial center is expected to impact the residential component of the proposed project. Air conditioning units and trash compactors that are expected to be located near the southern boundary of the commercial complex could generate enough noise to exceed City standards. Accordingly, to minimize potential noise impacts from the commercial center, an 8-foot screen wall will be utilized as a project design feature to ensure that such noise impacts are reduced to a level of insignificance. d) Noise increases from the project will be generated during the grading and construction activities. These activities will be short term and will be subject to the construction activity restrictions applied by the City of La Quinta on all such projects (days and hours of operation, equipment maintenance standards, etc.) These temporary increases in noise levels from project construction activity are expected to be less than significant. Furthermore, there are few noise sensitive land uses near the project site. Only the existing and future residential adjacent to the southern portion of the Property are32 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC considered sensitive, along with the childcare center/pre-school across Dune Palms Road. The two residential areas are each protected by a perimeter wall. e)-f) The project site is not within the vicinity of an airport or airstrip. MM N0I-1 Prior to the issuance of the first grading or building permit, applicant shall submit a noise study and construction mitigation program meeting the approval of the City Engineer, demonstrating the following: • That through the use of appropriate project design features, the noise levels in outdoor living areas as well as interior areas for all residential uses meet City standards. • During all project site excavation and grading on site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise sensitive receptors nearest the project site. • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise sensitive "i receptors nearest the project site during all project construction. • The construction contractor shall limit all construction related activities that- would result in high noise levels according to the construction hours to be determined by City staff. • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings. 33 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new X homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, Housing Element.) b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? (General Plan, p. 9 ff., Project Description Materials) c) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? (Project Description Materials) XII. a) - The residential portion is identified as a potential affordable housing site on the City's Housing Element. Further, the Land Use designations on both the General Plan and zoning call for residential development so long as it is in conjunction with commercial and has an affordable component. As such, the expectation is that up to 300 dwelling units can be developed, consistent with these policy and regulatory documents. Furthermore, La Quinta has a demonstrated need for low- and moderate -income units. Given the size of this need, as documented in the Housing Element, and the relatively small proportion of the total growth that the project will represent, the impacts on population and housing are anticipated to be less than significant. b)-c) The project site is vacant and has been for many years. Neither housing units nor population will be displaced by the project. No mitigation measures are required. 34 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ 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, X p. 57) Police protection? (General Plan X MEA, p. 57) Schools? (General Plan MEA, p. 52 X ff.) Parks? (General Plan; Recreation X and Parks Master Plan) Other public facilities? (General X Plan MEA, p. 46 ff.) The Riverside County Fire Department provides fire protection under a contract with the City of La Quinta. Police Service is provided by the Riverside Sheriff's Department, under a contract with the City of La Quinta. With the inclusion of standard conditions of approval, potential adverse impacts relative to fire and police protection are expected to be less than significant and no mitigation is required. School facilities in the project area are provided by the Desert Sands Unified School District (DSUSD). The student generation factors (i.e., students per dwelling unit) utilized by the district for both attached and detached housing products are as follows: K-5 6-8 9-12 Total Detached .2904 .1407 .1828 .6137 Attached .0879 .0325 .0357 .1561 35 SACity C1erk\ResolutionACentre @ LQ EA Checklst.DOC Thus, with a maximum of 300 dwelling units, the student generation from the project would range between 46 and 184 students. Although the type of residential units has not been defined at this point, these generation factors are the best source of information about future demands on the school district. Many of the schools in the district are at or nearing capacity levels. The DSUSD has plans to open new schools in the vicinity of Eisenhower and Calle Tampico and on Madison. These facilities will relieve the schools serving the project site Pursuant to State law, and as described in the report entitled Residential Development School Fee Justification Study for the Desert Sands Unified School District, February 24, 20041 the DSUSD has adopted a school impact resolution and collects developer fees to offset the increase in students resulting from new development, both from commercial and residential development. Consistent with the provisions of CEQA, these fee programs are adequate mitigation for impacts on the school district. The City has the right to impose fees for the acquisition and improvement of parks, commonly referred to Quimby Fees. Other public facilities potentially impacted by the project include road maintenance and library services. As discussed above, the project is consistent with the City General Plan and Zoning Code. With the inclusion of standard conditions of approval related to fee programs addressing these services, potential adverse impacts relative to road maintenance and library services XX are expected to be less than significant and no mitigation is required. 36 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational X facilities such that substantial physical deterioration of the facility would occur or be accelerated? (General Plan Land Use Plan, Project Description Materials) b) Does the project include recreational facilities or require the construction or expansion of X recreational facilities which might have an adverse physical effect on the environment? (Project Description Materials) XIV. a) b) - The potential development of up to 300 residential units could be expected to slightly increase the demand for parks. The closest park to the project site is La Quinta Park, located on Westward Ho Drive, east of Adams Street. The City of La Quinta imposes park dedication and/or park in -lieu fee requirements for residential developments. The proposed development will be required to pay its fair share of park fees. In addition, the residential component of the development will provide various on -site recreational amenities for use of its residents. The facilities will be typical of this type of development — swimming pools, tot lots and playgrounds, and possibly a small gymnasium/community center. All are within the project boundaries, will be part of the overall grading and construction process, and will not exhibit any unusual characteristics that might cause impacts not already described. These facilities as well as the required park in -lieu fee s 37 SACity C1erk\Reso1utions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XV. TRANSPORTATION/TRAFFIC - - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan MEA, P. 27ff.) b) Exceed, either individually or cumulatively, a level of service X standard established by the county congestion management agency for designated roads or highways? (General Plan MEA, p. 27 ff.) c) Result in a change in air traffic patterns, including either an X 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 design feature (e.g., sharp curves or dangerous intersections) X or incompatible uses (e.g., farm equipment)? (Project Description Materials) e) Result in inadequate emergency X access? (Project Description Materials) f) Result in inadequate parking X capacity? (Project Description Materials) 38 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC g) Conflict with adopted policies, plans, or programs supporting X alternative transportation (e.g., bus turnouts, bicycle racks)? (Project Description Materials) XV. a)-b) - Highway 111 is designated as an Augmented Major (8D) and Dune Palms is a Primary Arterial - A (4D) on the City General Plan. (General Plan Exhibit 3.5, as amended by Resolution 2003-011.) Access to the project will be provided by one new signalized intersection into the commercial component of the project as well as four additional driveways (two each in the commercial component and residential component). These unsignalized intersections will be limited to "right turn out" only. "Left turn in" movements will be permitted at one access point in the residential component. A traffic analysis was undertaken by the traffic engineering firm of Urban Crossroads to assess the potential impacts of the project on traffic and transportation facilities.4 The proposed development is anticipated to generate approximately 10,100 trips per day, with 332 trips during the AM peak hour and 511 trips during the PM peak hour. It should be noted that a portion of the trips (25 percent) are anticipated to be due to pass -by traffic. The project trip distribution (directional orientation of the trips) has been based on near - term conditions, based on those highway facilities which are either in place or will be completed over the next few years, which represents the opening occupancy for the proposed development. Using standard methodologies from the Institute of Transportation Engineers, the study evaluated the impacts of the project traffic on the nearby roadway network. Based on this analysis in which the project traffic from the project was :added to that now on the roadways, expanded by a standard growth factor, the Urban Crossroads study concludes that the project will not have a significant impact on the intersections in the area. There will be a need for a deceleration lane for southbound traffic on Dune Palms Drive as it approaches the new signalized intersection. In addition, there will need to have left turn pockets for north bound traffic wishing to enter the project. These project design features will be incorporated into the site development plans for the commercial component of the project, consistent with standard City of La Quinta policy. The City of La Quinta has proposals to improve the intersection of Highway 111 and Dune Palms Road to its full General Plan configuration. This project, which will be completed prior to the proposed project, will ensure that traffic movement at that location is well within City (and CALTRANS) performance levels. 4 Urban Crossroads, Centre at La Quinta, Traffic Impact Analysis, City of La Quinta, CA, 2004. 39 S:\City Clerk\Resolutions\Centre @ LQ EA Checklst.DOC The Comprehensive General Plan Update EIR evaluated traffic conditions for the buildout of the General Plan, and identified a number of mitigation measures that would be needed to ensure that the road way network operates at an acceptable level of service. Specifically, the EIR identified the need to upgrade Dune Palms Road from a Secondary Arterial (4U) to a Primary Arterial A(4D) That mitigation was completed as part of General Plan Amendment 2002-088. Future buildout of the Dune Palms Road will be in accordance with its new General Plan designation. Other segments of the roadway network were identified as operating within acceptable levels of service (LOS) at General Plan buildout. MM TRN-1: Prior to the issuance of the first grading permit, Applicant shall submit a detailed improvement plan for Dune Palms Road between Highway 111 and Avenue 48 meeting the approval of the City Engineer, in consultation with CALTRANS, addressing deceleration lane(s) and median/left turn pockets. 40 S ACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XVI. UTILITIES AND SERVICE X SYSTEMS B Would the project: a) Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or X 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 new storm water drainage facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) 41 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC f) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local statutes and regulations X related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-b) The Coachella Valley Water District (CVWD) operates and maintains the sanitary sewage collection and treatment system for the City of La Quinta (as well as other areas).CVWD is continuously increasing the capacity of all its wastewater treatment facilities to meet demands. The proposed project is consistent with the City General Plan and its wastewater conveyance and treatment needs constitute only a small part of that envisioned by buildout of the General Plan. c) Similarly, the CVWD operates and maintains regional stormwater management facilities within the City of La Quinta. These facilities transport flows through the City and include the Coachella Valley Stormwater Channel and the La Quinta Evacuation Channel. The City requires that new development install on -site retention basins capable of managing runoff from the 100-year flood. This policy will be applied to the project, thereby ensuring that any stormwater impacts are less than significant. d)-e) As noted, the project is consistent with the General Plan and represents a very small increment of the buildout of the City of La Quinta and its sphere of influence. Adequate capacity for water and wastewater services for the project are available from CVWD. It is anticipated that a well site may be developed in the residential component of the project to allow CVWD to provide water to its service area. The well site will be located in the area being prepared for residential development and will not involve any special steps other than the actual drilling of the well. f)-g) Solid waste collection and disposal service is provided by Waste Management of the Desert, to include efforts to recycle and otherwise divert material from the waste stream in accordance with State law (AB 939). Once again, the amount of solid waste associated with the project is very small when compared against the buildout of the General Plan. Accordingly, any impacts will be less than significant. As noted in the general plan, while the disposal company has indicated its ability to adequately serve this buildout level of population, it will continue to be necessary for the City and Waste Disposal of the Desert to work closely to assure that adequate long term disposal sites are selected and utilized. 42 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to 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 X 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 X potential to achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively X considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? 43 SACity ClerMesolutions\Centre @ LQ EA Checklst.DOC XVII. a) The project site has been disturbed for many years and does not contain potential habitat for fish or wildlife. The proposed project will not degrade the quality of habitat in the area. Nor will the project have any impact on cultural resources. Based on the results of the cultural resources surveys, there are no important examples of California history or prehistory located on the project site. XVII. b) The project is consistent with the long term goals of the General Plan, and is currently designated for M/RC Mixed Regional Commercial development. There is no potential for the project to achieve short term goals to the disadvantage of long term goals. XVII. c) The impacts associated with the project are not cumulatively considerable. The project is consistent with that analyzed in the General Plan EIR. XVII. d) The development of the property in the proposed manner will help meet the documented need for housing opportunities in La Quinta. The project does not have environmental effects that will cause adverse effects on human beings, either directly or indirectly. 11 44 SACity Clerk\Resolutions\Centre @ LQ EA Checklst.DOC 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. See below. 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 r-- the earlier document and the extent to which. they address site -specific conditions for the project. Not applicable. Sources of Information: City of La Quinta Comprehensive General Plan, adopted March 20, 2002 City of La Quinta Master Environmental Assessment, adopted March 20, 2002. City of La Quinta Comprehensive General Plan Draft EIR, July 2001 DEIR for Centre at La Quinta (SCH 97011055), dated April 18, 1997 AMEC Earth & Environmental, Inc., Genera/ Biological Assessment of the RSG La Quinta Site, September 16, 2004. Earth Systems Southwest, Report of Phase I Environmental Site Assessment and Report of Phase // Investigation and Lead Removal, NWC Dune Palms Road and Avenue 48, March 22 and May 5, 2004, respectively. Keith Companies, Phase I Cultural Resources Investigation of 27.7 acres located North of Avenue 48 and West of Dune Palms Road, City of La Quinta, September, 2004. Urban Crossroads, Centre at La Quinta Access Evaluation, November 19, 2004 Exhibits: 1. Vicinity Map (USGS) ,--. 2. Assessor's Parcel Map 3. Proposed Parcels 4. Aerial Photograph 5. 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