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CC Resolution 2009-025RESOLUTION NO. 2009-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLA CAPRI PROJECT (SITE DEVELOPMENT PERMIT 06-875, CONDITIONAL USE PERMIT 2007-105, TENTATIVE PARCEL MAP 35088) IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN SIGNIFICANT ENVIRONMENTAL IMPACTS; AND, RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT CAN BE REASONABLY AND SUBSTANTIALLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. CASE. NO.: ENVIRONMENTAL ASSESSMENT 2006-582 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, formal applications have been submitted to allow development on a 25.05 acre site to be generally known as the Villa Capri Commercial Project (SCH #2007121009) (hereinafter "Villa Capri"); and, WHEREAS, Villa Capri will consist of a commercial complex on the western half of the site and a medical office complex and acute care rehabilitation facility on the eastern half as more particularly described as: APN'S 609-070-053 AND -054 WHEREAS, an Environmental Impact Report (hereinafter "EIR") has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of the CEQA, as amended (Public Resources Code, Section 21000 et. seq.), and the State Guidelines for the implementation of CEQA ("Guidelines"), as amended (14 Cal. Code of Regs. Sections 15000 et. seq.), that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on Guidelines, Section 15093; and, Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 Page 2 WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of the CEQA, as amended (Public Resources Code, Section 21000 et. seq.) and the State Guidelines for implementation of CEQA, as amended (14 Cal. Code of Regs., Sections 15000 et. seq.) that the City shall balance the benefits of a proposed project against its unavoidable environmental risks prior to project approval; meaning that if the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects are outweighed by the project benefits and may be considered acceptable; and, WHEREAS, the City Council of the City of La Quinta has read and considered all environmental documentation comprising the EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and, WHEREAS, the City Council has reviewed and adopted certain overriding considerations to adverse environmental impacts, and specified CEQA Findings and Statement of Facts; and, WHEREAS, prior to action on the project, the City Council has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and, WHEREAS, Guidelines Section 15093(b) requires, where the decision of the City Council allows the occurrences of significant effects which are identified in the EIR, but are not mitigated, the City must state in writing the reasons to support its action based on the EIR and/or other information in the record; and, WHEREAS, CEQA and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does hereby certify the EIR for Villa Capri as adequate and complete. 106 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 Page 3 BE IT FURTHER RESOLVED that the City Council of the City of La Quinta makes the Statement of Overriding Considerations as shown on attached Exhibit "A" entitled "Statement of Overriding Considerations," which is incorporated herein as though set forth at length. BE IT FURTHER RESOLVED that the City Council of the City of La Quinta adopts the CEQA Findings and Statement of Facts as shown on the attached "Exhibit B" entitled "CEQA Findings and Statement of Facts," which exhibit is incorporated herein as though set forth at length. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17" day of March, 2009, by the following vote, to wit: AYES: Council Member Franklin, Kirk, Sniff, Mayor Pro Tem Henderson NOES: None ABSENT: Mayor Adolph ABSTAIN: None ATTEST: Veronica J. tecino, CMC, City of La Uinta, California (Seal) erk TERRY ""INDERSON, Mayor Pro Tem City of L Quinta, California 3 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 Page 4 APPROVED AS TO FORM: FA4�1-- M. Kaerine JE6.sWn, City Attorney City of La Quinta, California 11 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "A" STATEMENT OF OVERRIDING CONSIDERATIONS EXHIBIT "A" The City of La Quinta ("City") hereby adopts and makes this statement of overriding considerations concerning the Villa Capri project's unavoidable significant impacts to explain why project benefits override and outweigh unavoidable impacts. CEQA requires the decision -making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. Those reasons are provided in this Statement of Overriding Considerations. The City finds that the project will create substantial economic, legal, social, technological, or other benefits that will enhance the quality of life for residents, businesses and visitors, resulting in increased investment within the City of La Quinta. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. The following overriding considerations apply independently to each unavoidable impact: 1. Adoption of the proposed project will provide the City with a variety of retail, commercial, and service opportunities, which currently do not exist in proximity to the Washington Street/Fred Waring intersection. 2. The economic and social benefits of an energy efficient retail, commercial, and service center will enhance the retail and service experience for costumers and clients, and attract new businesses to the City, which will promote investment and create new employment opportunities within the City of La Quinta. 3. The proposed project will generate substantial sales tax revenue for the City of La Quinta, which will enhance the quality of life for residents. 4. Development of medical offices on the Villa Capri site will provide local and regional residents with high quality professional services that are conveniently situated for access locally and regionally. 1 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "A" Mayer Villa Capri, L.P. Adopted: March 17, 2009 5. Development of an in -patient rehabilitation facility on the project site will allow patients to be located closer to their families, providing a social benefit to these residents, and reducing the number of miles traveled on the regional roadway system. Build out of the Villa Capri project is projected to have a net positive effect on the City's economy. Major revenue sources will include property tax and sales tax, while additional revenue sources will be generated from developer impacts fees, building permits, business licenses, and other development -related fees. The economy of the project is expected to be self-sustaining at build out, as its annual revenues are expected to outweigh its annual costs. The City finds that the specific benefits associated with the proposed project override and outweigh the project's significant environmental impacts identified in the EIR and in the record. In making this finding, the City has balanced the benefits of the Villa Capri project against its unavoidable impacts and has determined that the project's unavoidable impacts are acceptable in light of these benefits. 4 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "B" CEQA FINDINGS AND STATEMENT OF FACTS A. INTRODUCTION Project Description, Location, and Objectives EXHIBIT "B" Project Description The proposed project is located on 25.05 acres, with a General Plan designation of Community Commercial and a Zoning designation of Community Commercial. The project design generally divides the site into two halves, with a supermarket and retail complex on the western half and a medical office complex and acute care rehabilitation facility on the eastern half. The western half of the project consists of a 39,729 square foot supermarket anchor, a 13,013 square foot drug store, and 51,230 square feet of additional retail space, parking and landscaping areas on approximately 12.3 acres. Total building square footage for the retail complex is approximately 104,000 square feet. Structures within this portion of the project will be single story. The eastern half of the project site includes a medical complex consisting of five buildings ranging in size from 15,360 to 44,850 square feet, parking, landscaping areas and a storm water retention basin on approximately 12.7 acres. Total building square footage for the office complex is 130,450 square feet. Structures within this portion of the project will be one and two stories, with the two buildings located adjacent to Fred Waring Drive being single story, and the three buildings on the northern portion of the site being two stories. The central building (Building 14) is proposed to house an acute care rehabilitation facility with a maximum 50 patient beds, treatment areas, and ancillary facilities. Patients are expected to reside at the facility for a period of 12 to 15 days. The project includes two access points on Washington Street, three access points on Fred Waring Drive, and one access point on Palm Royale Drive. Project Location The Villa Capri project site is located on the northeast corner of Fred Waring Drive and Washington Street, between Washington Street and Palm Royale Drive along the north side of Fred Waring Drive. Land uses to the north of the project site include an existing two story office complex along Washington Street, the Colonel Mitchell Paige 1 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 Middle School and two-story multi -family development with frontage on both Washington Street and Palm Royale Drive. Further to the north, land uses include developed and undeveloped medium and low density residential lands with commercial uses along Washington Street. The Palm Royale Country Club is a medium density residential golf development located immediately south of the project along Fred Waring Drive. Further to the south, along the east side of Washington Street, is existing low density residential development. Development to the east, beyond Palm Royale Drive, includes existing single family low density residential development. On the west side of Washington Street, existing commercial office and residential development occurs north of Fred Waring Drive, while a church complex and the Indian Wells Tennis Garden occur south of Fred Waring Drive. Project Objectives The primary goal of the proposed project is to establish an economically viable retail and office complex at a major intersection in the City of La Quinta. The project objectives have been developed on that premise. They are as follows: 1. To provide convenient retail outlets to surrounding residents and place neighborhood commercial development convenient to the residences it serves. 2. To provide an office project which includes medical offices to serve area residents, with professional services located with convenient regional access. 3. To provide a high quality designed project which serves as a gateway for the City of La Quinta. 4. To provide an economically successful project with longevity in the community. 5. To generate sales tax revenues for the City which help it continue to meet the needs of its residents. CEQA Requirements The Villa Capri project constitutes a "project" under the California Environmental Quality Act of 1970 (CEQA), as amended, and the State Guidelines for the 2 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 implementation of CEQA, as amended. Therefore, the City has prepared an Environmental Impact Report (EIR) that identifies certain unavoidable significant effects which may occur as a result of the project, or which may occur on a cumulative basis in conjunction with the project and other past, present, and reasonably foreseeable future projects. CEQA and the State Guidelines require that no public agency approve or carry out a project for which an EIR has been certified and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of the significant effects, accompanied by an explanation of the rationale supporting each finding. The possible findings include the following: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunity for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR. The City has determined that the EIR is complete and has been prepared in accordance with CEQA and the CEQA Guidelines. Therefore, the City of La Quinta proposes to approve the Villa Capri project, and the findings set forth herein. B. EFFECTS DETERMINED TO HAVE NO IMPACT The CEQA Guidelines Environmental Checklist Form was used to prepare the Initial Study, which was reviewed by the City of La Quinta to assure that all required environmental issues would be addressed in the EIR. It was determined that the proposed project would have no impact on agricultural resources, land use and planning, and mineral resources. The following environmental areas of concern will also result in no impacts: 1. Scenic resources; 3 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 2. Conflict with implementation of the air quality plan; 3. Riparian or sensitive natural habitat; 4. Federally protected wetlands; 5. Migratory wildlife corridors or species; 6. Local policies or ordinances protecting biological resources including an adopted Habitat Conservation Plan; 7. Historical resources as defined in Section 150645.5; 8. Disturbance of any human remains; 9. Exposure of people or structures to risk of loss, injury or death from the rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, or from a landslide; 10. Expansive soils or soils that are incapable of supporting the use of a septic tank; 11. Location on a listed hazardous materials site; 12. Safety hazard for people residing or working in the project area, in the vicinity of a private airstrip; 13. Risk of loss, injury or death from wildland fires; 14. Placing housing or structures within a 100-year flood zone; 15. Exposure to excessive groundborne vibration or noise levels; 16. Exposure to excessive noise levels within 2 miles of an airport; 17. Displacement of a substantial number of people or existing housing, necessitating the construction of replacement housing elsewhere; 18. Require new or expanded stormwater drainage facilities; 19. Result in a change in air traffic patterns. C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT Aesthetic Resources Impacts To be in compliance with the La Quinta General Plan, the project will be required to implement enhanced landscaping treatments and limit building height to 22 feet within 150 feet of the rights -of -way for Washington Street and Fred Waring, since these roadways are designated as Primary Image Corridors in the General Plan, and must conform to the standards in Section 9.90.050 of the City's Zoning Ordinance. Palm Royale Drive serves as a buffer between the residential neighborhood to the east and the proposed commercial center. The inclusion of the proposed landscaping buffer onsite will protect residences from any potential impacts to visual resources, by requiring further distance to reduce the blockage potentially created by the buildings on site. In addition, the project's eastern half is designed with multiple buildings and wide spacing between buildings, which will allow for view corridors through the site, 0 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 and of the mountains to the west. Impacts to the views of adjacent residences are expected to be less than significant. The proposed project will create new sources of light and glare from interior and exterior lighting sources, windows and other reflective building materials, project - related vehicular traffic, and lighting associated with parking lots. The nearby residential neighborhood to the east of the site is protected from light and glare by an existing 5 foot high sound/privacy wall, which will in certain locations increases to 9 feet. The project proposes the inclusion of landscape buffers along the eastern perimeter of the project to further reduce potential light and glare impacts to nearby residences. In addition, the City requires the preparation of lighting plans and photometric analyses to demonstrate that on -site lighting will be contained within the proposed project. Impacts to the light and glare are expected to be less than significant. The application of City regulations and guidelines for building setbacks, building design and exterior finishes, landscape, walls and fences, and exterior lighting, are expected to reduce potentially significant impacts to visual resources to less than significant levels. Air Quality Impacts The proposed project will generate short and long term mobile emissions from increased motor vehicle activity, stationary source emissions from the operation of construction equipment, and the consumption of natural gas. The proposed project will have a less than significant impact on carbon monoxide levels for all stages of development and operation. Long-term emissions from project operation will have a less than significant impact to air quality since none of the SCAQMD daily thresholds are exceeded. The project is not expected to create or result in any objectionable odors. Therefore, impacts from objectionable odors will be less than significant. Biological Impacts Development of the Villa Capri project will have less than significant impacts on biological resources, including native wildlife and plant species. The project site does not contain critical or essential habitat for sensitive biological species and the area has been disturbed and fragmented by surrounding development. However, since the site is currently undeveloped and remains vacant, there may be some ruderal nesting and 5 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 foraging habitat for endemic wildlife species. Although build out will result in habitat loss, the project site does not contain valuable biological resources. The project will be required to pay mitigation fees designed to implement the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which will reduce impacts to biological resources to less than significant levels. Due to the degraded nature of the site, the lack of sensitive habitat or species on the project site, and the project's requirement to participate in the CVMSHCP mitigation fee program, overall impacts associated with biological resources are expected to be less than significant. Hazards and Toxic Materials Impacts The proposed project is not expected to use, store or transport significant amounts of chemicals, cleaners or other hazardous or toxic materials. However, medical offices, landscaping, and other retail/commercial land uses may store, use or generate small amounts of hazardous materials or wastes. Proper use, storage, and transport of such materials, as regulated by the Fire Department and County Environmental Health Department, as regulated by the Fire Department and County Environmental Health Department, will assure that any potential impacts associated with hazardous or toxic materials are less than significant. The proposed project is located adjacent to an existing school. The Desert Sands Unified School District has protocols at each of its facilities for emergency situations of all types. These protocols are designed to assure that impacts to school children and staff are less than significant in an emergency situation. There are no airports or airstrips located in the immediate vicinity of the project site. The Bermuda Dunes Airport is located two miles north of the site, and the flight patterns for that private airport do not impact the project site. Therefore, hazardous and toxic material impacts from airport operations will be less than significant. 0 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 Hydrology and Water Resources Impacts Hydrology The City requires that all projects, including the Villa Capri project, manage storm water on site. The Public Works Department manages the National Pollution Discharge Elimination System (NPDES) program within the City, and will continue to review the storm water management plan proposed for the Villa Capri site, which consists of a combination of underground and above ground retention. Drains will convey water to both the on -site retention basins and the underground storage basins (two are proposed: one in the western portion of the site, and one in the eastern portion of the site), where flows will then be percolated into the ground. The project will comply with the City's standards for surface water management, including the preparation of an NPDES permit for non -point pollution. In addition, a Storm Water Pollution Prevention Program (SWPPP) will also be prepared for the project, and will contain Best Management Practices designed to prevent the pollution of surface waters during construction and operation. These requirements assure that storm water is not contaminated by on -site pollutants, silts or debris and that impacts to water resources as a result of runoff originating onsite are less than significant. All onsite storm drainage and hydrologic improvements are designed to conform to the City's master hydrology and storm drain improvement program. Therefore, impacts to drainage patterns and flood control as a result of site development will be less than significant. All onsite development will connect to the existing sewage system, which will eliminate the potential risk of groundwater contamination associated with the use of septic tanks and seepage pits. Water Resources Although the site is currently vacant and does not utilize domestic water, project development will generate water demand onsite. Based on calculations for water consumption for interior and landscaping areas onsite, at build out the project will use approximately 102.5 acre-feet of water per year, or 8.54 acre-feet per month. Although the project will result in increased water demand within the City, the proposed water demand is not expected to have a significant impact on the region's water supply. The Coachella Valley Water District will provide potable water to the project site. CVWD anticipates that existing and planned water extraction is sufficient to meet the water demand that will be generated by this project. 7 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 In order to limit water demand for this development, a number of water conservation techniques are included in the design. One strategy includes the use of xeriscape landscaping, which requires the use of water efficient desert plants, boulders, and other landscaping features that require little or no water. In addition, water conserving appliances will be incorporated into all buildings, and will include low flush toilets, water efficient faucets, dishwashers, and other appliances consistent with the City's water efficiency requirements. Therefore, impacts to water resources as a result of project development will be less than significant. Noise Impacts The development of retail and office commercial structures will not result in sensitive receptors on site. The development of the acute care rehabilitation facility will place sensitive receptors on the site, however. Traffic along Washington Street and Fred Waring Drive has the potential to result in long-term noise impacts on site. At project build out, within 50 feet of the outermost lane on Washington and Fred Waring, closest to the project, the noise level will be less than 75 dBA CNEL. The shops closest to Washington Street would have noise levels of up to 73 dBA CNEL. The shops closest to Fred Waring would experience noise levels of up to 66 dBA CNEL. The offices located on Fred Waring would have noise levels of up to 67 dBA CNEL. At the acute care rehabilitation facility, noise levels will be below the 65 dBA CNEL General Plan requirement. The City's standard for commercial land uses is that the exterior noise level cannot exceed 75 dBA CNEL, and that sensitive receptors (the rehabilitation facility) not experience noise levels above 65 dBA CNEL. Therefore, noise impacts from traffic along Washington Street and Fred Waring will be less than significant. Other noise sources may include landscape maintenance equipment, delivery and unloading operations, and outdoor mechanical equipment, such as heating, cooling and ventilation equipment. Noise impacts from these sources are expected to be less than significant. Population and Housing Impacts The proposed project is estimated to generate a demand for about 400 to 450 jobs at build out. These jobs are expected to be in a variety of sectors, including service, retail and professional categories. Based on this level of new jobs, the proposed project has the potential to generate between 200 and 225 new households within the City of La Quinta. The City has been experiencing household growth in excess of 800 households annually for the first seven years of this decade. Due to the current K Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 economic conditions this rate is likely to slow. The proposed project will contribute to the annual population and household growth within the City of La Quinta, but is not expected to generate additional household growth beyond the established growth rate. The City currently experiences an imbalance in jobs when compared to housing. The City has traditionally been primarily a residential community, where residents looked outside the City's boundaries for employment. The proposed project will provide job opportunities for existing City residents, who could seek employment at the proposed project rather than at employment centers located in other cities. The Villa Capri project will have less than significant impacts to population and housing. Public Services and Facilities Impacts Police and Fire Service Impacts The proposed project, when combined with other projects in the City, will require additional services from the police and fire departments, which may include personnel, equipment, and the expansion of facilities. The County Fire Department and the City will continue to monitor fire and police services, and provide additional fire protection services as needed. The proposed project will pay Development Impact Fees, which include a component for fire and police facilities. Revenues generated by sales and property tax will be sufficient to address the costs of additional personnel associated with the proposed project. The Fire and Sheriff Departments will review the proposed project's site plans to assure that adequate emergency access, signage, and internal circulation are provided. Impacts to police and fire protection services are expected to be less than significant. Solid Waste Based on solid waste generation rates provided by the California Integrated Waste Management Board, the proposed project will generate approximately 1,825 pounds of solid waste per day, or approximately 300 tons per year. The project is not anticipated to produce unusually high quantities of solid waste or hazardous waste. Adherence to the City's and Burrtec's requirements will assure that impacts associated with solid waste are less than significant. Sanitary Sewer E Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 Since no current sewer system exists on site, pipes and similar conveyance devices will need to be installed in order to provide wastewater collection services to individual buildings on site. CVWD will determine appropriate engineering of the on site sewer system and facilitate connection to CVWD's existing sewer treatment system in adjacent streets. CVWD's treatment plant currently has sufficient capacity to accommodate flows from the project site. Sewer system connection fees and associated facility fees will be collected, which will offset costs associated with wastewater reclamation plant expansion resulting from development of all projects, including the proposed project, as needed. These fees will assure that impacts associated with sanitary sewer are less than significant. Schools In order to compensate for any potential impacts to schools, the project will be required to pay school fees to the Desert Sands Unified School District to fund the construction and reconstruction of public schools. Due to the small size of the commercial project it is reasonable to expect that student generation impacts to schools as a result of the proposed project will be less than significant. Libraries The proposed project has the potential to indirectly generate a demand for 800 to 900 new books and 200 to 225 square feet of additional library space, as a result of new households which may occur in the City to work at the project site. The project will pay Development Impact Fees which include Library facilities, and also generate both property tax and sales tax revenues which will in part be collected by the County. These tax revenues will serve to offset costs associated with the minor increased demand for library facilities. Domestic Water Projected water demand for the proposed project is estimated at 102.5 acre feet per year. Water usage and consumption for on -site businesses will be reduced to the greatest extent practicable through the use of low flush toilets, and other water conserving technologies. Likewise, water used for landscaping purposes will be minimized via the use a drought tolerant plants and xeriscape design. Impacts to water resources will be less than significant. Electricity and Natural Gas Development of the proposed project will result in the consumption of 258,179 kilowatt-hours per month and 562,418.8 cubic feet of natural gas per month. The 10 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 utilization of energy -efficient appliances, lighting fixtures, and mechanical equipment will minimize energy and natural gas consumption. Impacts to energy and natural gas consumption will be less than significant. Telephone, Cable and Medical Services Build out will also increase the demand for telephone, cable television, and medical services and infrastructure. Impacts to these services as a result of project development will be less than significant particularly as the project will result in additional medical services available in the community. Recreational Resources Impacts The proposed commercial development project is subject to taxes and fees that contribute to the City's General Fund and may be used for the maintenance of public facilities, such as parks and trails. The proposed project is not expected to result, even indirectly, in substantial population growth or associated impacts to recreational resources. Therefore, impacts to recreational resources will be less than significant. Transportation and Traffic Impacts Grading and construction operations will result in temporary increases to vehicle worker trips and truck deliveries. Due to the limited size of the project, impacts from these sources will be less than significant. Upon build out of the proposed project, increased traffic is expected. The project will not directly significantly impact the roadway segments analyzed on Adams Street, Hovley Lane, Miles Avenue, Highway 111 or Avenue 48. The improvements associated with the proposed project will improve levels of service on Fred Waring, east of Washington Street; and on Fred Waring west of Palm Royale. On other segments of Fred Waring Drive, the addition of project traffic will result in levels of service changes from LOS C to LOS D east of Palm Royale, west of Adams Street, and east of Adams Street. Although the LOS level will change, LOS D is acceptable, and impacts on this roadway will therefore be less than significant. On Fred Waring Drive, the proposed project will significantly impact three of the eight roadway segments analyzed, but will contribute less than 2% to these impacts. The City will require the payment of Developer Impact Fees, which will reduce the project's impacts to less than significant levels. Upon build out of the proposed project, addition of project traffic will not significantly impact the intersections analyzed. The addition of project traffic will result in changes 11 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 in level of service at three intersections, but all these levels of service will remain within acceptable levels as identified in the General Plan. The fire station serving the proposed project is located within one mile of the project site, and the levels of service on Fred Waring are not expected to fall below level of service D west of Adams Street. Therefore, impacts associated with emergency access are expected to be less than significant. The project is designed to provide adequate parking facilities onsite to meet the demand generated by land uses at project build out. Therefore, there will be sufficient parking facilities onsite and impacts to parking will be less than significant. The project will not result in any changes to air traffic patterns and impacts to air traffic will be less than significant during all phases of project development and operation. D. EFFECTS MITIGATABLE TO A LEVEL OF INSIGNIFICANCE Air Quality Impacts The proposed project will result in potentially significant impacts associated with fugitive dust during the grading process. Mitigation measures included in the EIR will reduce these impacts to less than significant levels. These mitigation measures include the limitation of the area to be graded, and the implementation of dust control measures through the City's required Dust Management Plan. During the construction process, emissions associated with construction vehicles, architectural coatings and asphalt paving will exceed SCAQMD thresholds. The impacts associated with the construction vehicles and asphalt paving can be reduced to less than significant levels through the mitigation measures included in the EIR, particular that mitigation measure which prohibits the overlap of construction, architectural coating and asphalt paving activities. The proposed project will generate Greenhouse Gas emissions during the construction and operation phases of development. Mitigation measures are included in the EIR which reduce these emissions to less than significant levels. These mitigation measures include the use of alternative energy and conservation programs, the use of LEED or other Green Building techniques, and the use of energy efficient construction materials to a level greater than the requirements of Title 24 of the Building Code. Findings: 12 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "B" 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. Promote and facilitate alternative energy and conservation programs such as district energy, landfill gas co -generation, water conservation, heat recovery systems, street lighting and employee energy efficiency programs. b. Utilize sustainable building practice such as Leadership in Energy and Environmental Design (LEED) Green Building standards for building construction to the greatest extent possible. c. Unless determined to be an unreasonable hardship by the City Planning Director, all structures shall exceed the minimum standards set forth in the 2007 California Energy Code (Title 24, Part 6) by 20%. If it is determined by the Planning Director that compliance with this measure creates an unreasonable hardship, the measure may be reduced to the highest level determined feasible by the Planning Director but in no case shall it be reduced below the minimum standard set forth by the California Energy Code in effect at the time of building permit submittal. d. No more than 6.25 acres of the project site shall be actively graded in any one day. e. Grading activities shall be completed prior to the initiation of construction activities. No overlap of the two activities shall occur. f. Grading and development permits shall be reviewed and conditioned to require the provision of all reasonably available methods and technologies to assure the minimal emission of pollutants (see Table III-5 in the EIR). The City of La Quinta shall approve grading plans and recommend the use of emission reduction technologies as appropriate prior to initiation of grading. g. As part of the City's grading permit process, the applicant shall submit a dust control plan as required by SCAQMD in compliance with Rule 403 (Fugitive Dust). Mitigation measures to be implemented through this plan shall include, but not be limited to, the use of water trucks and temporary irrigation systems, post -grading soil stabilization, phased asphalt paving, 13 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "B" as well as other measures which will effectively limit fugitive dust emissions resulting from construction or other site disturbance (see Table 111-6 in the EIR). h. Project developers and the City shall work to promote and encourage future employees and shoppers to use ride sharing opportunities and public transit to access the site. To reduce PM10 and PM2.5 emissions, the developer and contractor shall implement the following control measures: • chemically stabilize soil where activity will cease for at least four consecutive days; • pave on -site construction access driveways that extend at least 120 feet from roadway into the construction site and clean driveways and roadways at the end of each working day as needed; • chemically stabilize unpaved roads that carry 20 vehicle trips per day or more; • plant tree windbreaks utilizing non-invasive species on the windward perimeter of construction projects, where feasible; • all construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour or during first and second stage ozone episodes; • maximum equipment and vehicle speed on unpaved roads shall be less than 15 mph; • water site and equipment morning and evening and during all earth - moving operations; • spread soil binders on site, unpaved roads, and parking areas; and • operate street -sweepers on paved roads adjacent to site. j. To minimize construction equipment emissions, the developer and contractors shall implement the following: • wash off trucks and vehicles leaving the site; • require trucks to maintain two feet of freeboard; • cover loaded trucks with tarpaulins; • properly tune and maintain construction equipment; • use low sulfur fuel for construction equipment; • all access areas shall remain free of dust; and • the use of low emission building materials such as pre -primed and sanded wood molding, wall boards, and trim products shall be considered; 14 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "B" k. To reduce construction -related traffic congestion, the developer and contractors shall implement the following: • configure construction parking to minimize traffic interference; • provide a flag person to ensure safety at construction sites, as necessary; • schedule operations affecting roadways for off-peak hours, as practical; • use emission control devices on gasoline and diesel powered equipment; • prohibit idling and other unnecessary operation of equipment; and • minimize traffic flow interference by providing advance public notice of rerouting. To minimize operational source emissions, the developer shall: • install low -polluting and high -efficiency appliances; • install energy -efficient parking lot lighting; • landscape with native and other appropriate drought -resistant species to reduce water consumption and to provide passive solar shading. m. To minimize building energy requirements, the developer shall implement all of the following: • assure the thermal integrity of buildings and reduce the thermal load with automated time clocks or occupant sensors; • use efficient window glazing, wall insulation and ventilation methods; • install Energy Star rated heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units; • incorporate appropriate passive solar design, including solar heaters, and solar water heaters, to the greatest extent feasible; • use devices that minimize the combustion of fossil fuels; • capture waste heat and re-employ this heat, where feasible. Cultural Resources Impacts The project site is not known to harbor any archaeological or historic resources. Further, the site is located in an area of La Quinta considered to have soils too young to support paleontological resources. There is a possibility that archaeological resources occur on the site below ground. The destruction of these resources represents a potentially significant impact, and requires mitigation. 15 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "B" The EIR includes mitigation measures for the monitoring of all trenching, grading and excavation by a qualified archaeologist; the proper analysis and curation of any identified materials; and the submittal of a report to the Community Development Department detailing monitoring activities. These mitigation measures will assure that onsite cultural resources are protected. The implementation of these mitigation measures will reduce impacts associated with cultural resources to less than significant levels. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. b. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of a Certificate of Occupancy for the project. c. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. d. The conditions of approval recommended by the La Quinta Historic Preservation Commission on December 6, 2007 shall be included in the submitted Phase I historical/archaeological report prior to issuance of the first permit requiring monitoring. 16 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 e. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Community Development Department shall be notified immediately. Geology and Soils Impacts Although the project site does not contain any known active or potentially active faults, it is located in close proximity to the San Andreas and San Jacinto Fault Zones, and has the potential to be impacted by strong seismic groundshaking. Through the City's review process, the project will be subject to measures set forth in the most recent California Building Code and the seismic design parameters of the Structural Engineers' Association of California, which have been adopted by the City and provide stringent building code requirements for seismically active areas. Given the composition of on -site soils, strong ground motions or saturation could induce differential settlement, thereby resulting in damage to structures and foundations. Proper construction techniques, including over excavation and soil compaction, will reduce potential impacts associated with soil settlement to less than significant levels. The property is located in an area subject to high winds and soils on -site are considered highly erodible. Acquisition of a grading permit, which includes a soil erosion prevention plan, will assure that blowing dust and sand during grading operations is minimized through adequate watering, soil stabilization treatment, and other approved measures. This will assure that impacts of soil erosion from high wind events are reduced to less than significant levels. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. All structural design shall be in accordance with the most recent edition of the Building Code, including California amendments and the seismic design parameters of the Structural Engineer's Association of California. b. During site grading, all existing vegetation and debris shall be removed from areas that are to receive compacted fill. Any trees to be removed shall have a minimum of 95% of the root systems extracted. Man-made objects shall be over excavated and exported from the site. Removal of 17 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 unsuitable materials may require excavation to depths ranging from 2 to 4 feet or more below the existing site grade. c. All fill soil, whether excavated on -site or imported, shall be approved by the project soils engineer prior to placement as compaction fill. All fill soil shall be free from vegetation, organic material, cobbles and boulders greater than 6 inches in diameter, and other debris. Approved soil shall be placed in horizontal lifts of appropriate thickness as prescribed by the soils engineer and watered or aerated as necessary to obtain near - optimum moisture content. d. Fill materials shall be completely and uniformly compacted to not less than 90% of the laboratory maximum density as determined by ASTM test method D-1557-78. The soils engineer shall observe the placement of fill and take sufficient tests to verify the moisture content, uniformity, and degree of compaction obtained. In -place soil density should be determined by the sand -cone method, in accordance with ASTM Test Method D-1556-64 (74), or equivalent test method acceptable as approved by the City Building and Safety Department. e. Finish cut slopes generally shall not be inclined steeper than 2:1 (horizontal to vertical). All cut slopes must be inspected during grading to provide additional recommendations for safe construction. f. Finish fill slopes shall not be included steeper than 2:1 (horizontal to vertical). Fill slope surfaces shall be compacted to 90% of the laboratory maximum density by either over -filling and cutting back to expose a compacted core or by approved mechanical methods. g. Retaining walls shall be constructed to adopted building code standards and inspected by the City building inspector. An adequate sub -drain system shall be constructed behind and at the base of all retaining walls to allow for adequate drainage and to prevent excessive hydrostatic pressure. h. For the support of one and two-story structures, foundations systems that utilize continuous footings or isolated pad footings shall be used. i. Positive site drainage shall be established during finish grading. Finish lot grading shall include a minimum positive gradient of 2% away from W. Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 structures for a minimum distance of three (3) feet and a minimum gradient of 1 % to the street or other approved drainage course. j. Utility trench excavations in slope areas or within the zone of influence of structures shall be properly backfilled in accordance with the following: i. Pipes shall be bedded with a minimum of 6 inches of pea gravel or approved granular soil. Similar material shall be used to provide a cover of at least 1 foot over the pipe. This backfill shall then be uniformly compacted by mechanical means or jetted to a firm and unyielding condition. ii. Remaining backfill may be fine-grained soil. It shall be placed in lifts not exceeding 6 inches in thickness or as determined appropriate, watered or aerated to near optimum moisture content, and mechanically compacted to a minimum of 90% of the laboratory maximum density. iii. Pipes in trenches within 5 feet of the top of slopes or on the face of slopes shall be bedded and backfilled with pea gravel or approved granular soils as described above. The remainder of the trench backfill shall comprise typical on -site fill soil mechanically compacted as described in item 12.b. Noise Impacts Construction noise will result in short-term, but occasionally intrusive impacts. The noise study prepared for the project estimated that the worst -case noise level generated by combinations of construction equipment would be 91 dBA at a distance of 50 feet. Construction noise lessens with distance, with an approximate 6 dBA reduction in noise levels with each doubling of distance from the noise source. The closest residences are located about 100 feet from the project site, to the east. Construction activities on the project site would result in short term noise levels of 85 dBA at these residences. Noise levels at the middle school to the north, and the residences to the south would be expected to be approximately 79 dBA. Finally, noise levels at the church building located on the west side of Washington Street, southwest of the project site, could reach 73 dBA. Mitigation measures are included in the EIR to reduce construction impacts to less than significant levels. These include: a requirement that all construction equipment operating on the project site be fitted with well -maintained, functional mufflers to limit noise emissions; a requirement to place stationary equipment as far from the school and residences as possible; and, to the greatest extent feasible, staging areas shall be located away from nearby existing residences and the school. 19 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 Findings: EXHIBIT "B" 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. The project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with the manufacturer's standards. b. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors. c. The project contractor shall located equipment staging in areas that will create the greatest distance between construction -related noise sources and sensitive receptors. d. All construction activities shall be limited to those hours prescribed in the Municipal Code, with the exception of emergencies. Transportation and Traffic Impacts The proposed project will contribute to the incremental increase of traffic on surrounding roadways. The impacts have the potential to be significant at the intersection of Palm Royale and Fred Waring. However, the EIR includes mitigation measures which will require the striping of a southbound left turn lane, and participation on a fair share basis in the installation of a traffic signal at this intersection. These mitigation measures will reduce impacts at this intersection to less than significant levels. Impacts associated with access to the project site have the potential to be significant, insofar as the proposed project requires the inclusion of deceleration lanes on Fred Waring Drive and Washington Street. The EIR includes mitigation measures requiring these lanes at specified lengths, so as to assure safe ingress into the project site. These mitigation measures will reduce impacts associated with design features to less than significant levels. Findings: 20 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: March 17, 2009 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. A raised median shall be provided on Washington Street, for the entire length of the project boundary, which allows left turns into Access B, but prohibits left turns out of Access B, or left turns from Calle las Brisas, consistent with Figure 6-1 of the traffic impact analysis. The median shall include a left turn bay at Access B of at least 150 feet in length. b. The existing northbound left turn bay on Washington Street at the intersection of Calle Las Brisas will be removed, and replaced with a raised median, and extended southbound left turn lane queuing length to 450 feet, consistent with the recommendations of the traffic impact analysis. c. A raised median shall be provided on Fred Waring Drive, for the entire length of the project boundary, which allows left turns into Access D, but prohibits left turns out of Access D, consistent with Figure 6-1 of the traffic impact analysis. The median shall include a left turn bay at Access D of 175 feet in length. d. A minimum 248 foot long deceleration lane shall be installed on -site at Access B. e. A minimum 175 foot long deceleration lane shall be installed on -site at Access C. f. A minimum 100 foot long painted northbound left turn bay shall be provided on Palm Royale Drive at Rome Drive. g. A minimum 100 foot long painted southbound left turn bay shall be provided on Palm Royale Drive at Rome Drive. h. A painted southbound left turn deceleration lane shall be provided on Palm Royale Drive at Fred Waring Drive. i. The applicant shall contribute his fair share to the installation of a traffic signal at Palm Royale Drive and Fred Waring Drive, including the provision of east -west left turn phasing and signal interconnection, consistent with Table 7-4 of the traffic impact analysis. 21 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "B" j. The applicant shall contribute his fair share to improvements to the intersections of Washington Street and Hovley; Washington Street and Fred Waring; Adams Street and Fred Waring; and Washington Street and Miles, consistent with Table 7-4 of the traffic impact analysis. k. The proposed project shall dedicate appropriate right of way and improve Washington Street, Fred Waring Drive and Palm Royale Drive to their ultimate half width, including curb, gutter, sidewalk and landscaped parkway, along the entire frontage of these roadways on the project site. E. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS Air Quality Impacts The proposed project will generate significant impacts to air quality during the grading and construction phase of the project as a result of mobile emissions from motor vehicle activity, stationary source emissions from the operation of grading equipment, and off-gasing from architectural coatings. During site grading, one threshold criteria pollutant, nitrogen oxide, is expected to exceed the SCAQMD threshold by 70.56 pounds per day. For the building and construction phase of the project, two threshold criteria pollutants, nitrogen oxide and reactive organic gases, will exceed the SCAQMD threshold by 21.04 and 210.27 pounds per day, respectively. Findings: 1. The City of La Quinta hereby finds that impacts from nitrogen oxide and reactive organic gas emissions constitute a significant unavoidable impact to air quality. Even with the implementation of mitigation measures, air quality impacts associated with nitrogen oxides will exceed SCAQMD thresholds during grading; and emissions associated with reactive organic gases will exceed thresholds during the architectural coating phase of construction. All reasonable and feasible mitigation measures that can substantially reduce impacts have been included in the EIR. No other feasible mitigation measures are available to further reduce emissions from grading and construction activities. The City of La Quinta finds that the remaining unavoidable significant effects are acceptable based on the inclusion of mitigation, the short duration of the impacts, the overall inability to mitigate the impacts despite inclusion of mitigation, the 22 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 EXHIBIT "B" benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. Transportation and Traffic Impacts The project would generate 8,130 adjusted total trips at build out of the Villa Capri project, with 469 of these occurring in the morning peak hour, and 832 occurring in the evening peak hour. A number of mitigation measures are included to reduce impacts associated with the proposed project. However, in 2010 and 2020 impacts associated with the proposed project, in conjunction with the existing traffic volumes and anticipated future traffic volumes from other projects, will result in unmitigatable impacts to area roadway segments and intersections. These impacts are due to the inability of the project or the City to widen affected roadways to the necessary widths required to accommodate traffic levels. Roadway segments along Washington Street have been identified as exceeding average daily traffic (ADT) capacities with and without project development by 2010. The project will reduce the level of service from E to F at three segments: 1. south of Avenue of the States, 2. north and south of Fred Waring, and 3. north of Miles Avenue. By 2020, the proposed project will reduce level of service on that segment of Washington Street north of Avenue of the States from E to F as a result of project development. By 2020 all other segments along Washington Street would exceed acceptable LOS regardless of project development. The project will result in significant and unavoidable impacts to 16 and 17 of the 18 roadway segments for 2010 and 2020, respectively, since ADT increases by more than 100 trips on these segments that operate below an acceptable LOS. Without the implementation of mitigation measures, the proposed project will have significant impacts on the following intersections upon project build out, in 2010: 1. Washington Street at Hovley Lane 2. Washington Street at Fred Waring Drive 3. Palm Royale Drive at Fred Waring Drive 4. Adams Street at Fred Waring Drive 5. Washington Street at Miles Avenue 6. Washington Street at Highway 111 23 Resolution No. 2009-025 Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: March 17, 2009 7. Washington Street at Avenue 48 EXHIBIT "B" Improvements required of the project at the intersections of Washington Street and Fred Waring Drive, and at the intersection of Palm Royale Drive and Fred Waring Drive, will reduce the impacts to less than significant levels. However, improvements at the other five listed intersections are infeasible, and impacts will remain significant. Findings: 1. The City of la Quinta hereby finds that the Villa Capri project will result in significant and unavoidable impacts to traffic volumes, which will adversely affect level of service for area roadways. The following mitigation measures would be required, but have been determined to be infeasible: a. Add a second northbound left turn lane at Washington Street and Hovley Lane. b. Change the existing westbound right turn lane into a shared through/right lane at Adams Street and Fred Waring Drive. c. Add a second southbound left turn lane at Washington Street and Miles Avenue. d. Add a third northbound left turn lane and third southbound left turn lane at Washington Street and Highway 1 1 1. e. Add a second southbound left turn lane at Washington Street and Avenue 48. No feasible mitigation measures are available to mitigate this impact, insofar as right of way is not controlled by any of the affected jurisdictions; structures and project improvements have been constructed; and the cities of La Quinta, Palm Desert and Indian Wells have no capital improvement plans in place to acquire right of way or provide improvements. Further, these impacts will result with or without the proposed project, and are a result of anticipated growth in traffic volumes from the existing volumes, anticipated future growth, anticipated future projects and the proposed project. The City of La Quinta finds that these unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. 24 Resolution No. 2009-025 Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P, Adopted: March 17, 2009 2. The City of La Quinta hereby finds that the improvements required to maintain General Plan designated levels of service have been determined to be infeasible. Roadway widening to 8 lanes by 2010 on Washington Street, from Hovley Lane to Avenue 48, on Fred Waring west of Washington, and on Highway 1 1 1 east of Washington would be required, with or without the proposed project, to maintain acceptable levels of service on these roadways. In addition, roadway widening to 10 lanes by 2020 on Washington Street, south of Avenue 48, would be required, with or without the proposed project, to maintain acceptable levels of service on this roadway. No feasible mitigation measures are available to mitigate this impact, insofar as right of ways have not been secured by any of the affected jurisdictions, and structures and other improvements occur all along these roadways; and the cities of La Quinta, Palm Desert and Indian Wells have no capital improvement plans in place to acquire right of way or provide improvements. The City of La Quinta finds that the unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. 3. The City of La Quinta hereby finds that most of the identified impacts are associated with projected growth in background traffic through the 2020 period. Most significant environmental effects that can be feasibly avoided have been reduced by virtue of mitigation measures in the EIR. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. In addition, impacts to transportation and traffic from the proposed project are considered significant only on a cumulative basis in association with other projects occurring on a local and regional scale. The City of La Quinta finds that the unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the cumulative nature of the impacts, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. 25