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2019 12 10 PCPLANNING COMMISSION AGENDA 1 DECEMBER 10, 2019 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, DECEMBER 10, 2019 AT 6:00 P.M. CALL TO ORDER ROLL CALL: Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto, Proctor and Chairperson Caldwell PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The Planning Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – 1. SHORT-TERM VACATION RENTAL AD-HOC COMMITTEE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVE MINUTES OF NOVEMBER 12, 2019 BUSINESS SESSION - None Planning Commission agendas and staff reports are now available on the City’s web page: www.laquintaca.gov PLANNING COMMISSION AGENDA 2 DECEMBER 10, 2019 STUDY SESSION 1. RECREATIONAL AND LARGE VEHICLE PARKING IN RESIDENTIAL AREAS PUBLIC HEARINGS Declarations regarding Public Contacts. 1. ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SUBMITTED BY SILVERROCK DEVELOPMENT COMPANY PROPOSING TO ALLOW SUBDIVISION OF 13.9 ACRES FOR DEVELOPMENT OF 29 SINGLE-FAMILY HOMES. PROJECT: MONTAGE RESIDENCES. CEQA: FINDINGS OF ENVIRONMENTAL ASSESSMENT 2014-1003 APPLY AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: WITHIN THE NORTHWEST PORTION OF THE SILVERROCK RESORT. [RESOLUTION 2019-012] 2. CONTINUED FROM OCTOBER 8, 2019 – ADOPT RESOLUTIONS RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL ASSESSMENT 2017-0006 AND APPROVE SPECIFIC PLAN 2017-0002, TENTATIVE PARCEL MAP 2017-0003, SITE DEVELOPMENT PERMIT 2017- 0009 SUBMITTED BY LUNDIN DEVELOPMENT COMPANY PROPOSING AN APPROXIMATE 119,000 SQUARE-FOOT SHOPPING CENTER WITH THREE DRIVE-THROUGH BUILDINGS AND A 63,000 SQUARE-FOOT SUPERMARKET WITH ASSOCIATED VEHICLE FUEL CENTER. PROJECT: PAVILION PALMS SHOPPING CENTER. CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS PREPARED A MITIGATED NEGATIVE DECLARATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET. [RESOLUTIONS 2019-013 AND 2019-014] REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS STAFF ITEMS - None ADJOURNMENT NOTICE: THE REGULAR PLANNING COMMISSION MEETING OF DECEMBER 24, 2019 HAS BEEN CANCELLED. The next regular meeting of the Planning Commission will be held on January 14, 2020, commencing at 6:00 p.m. with the Call to Order, at the City Hall Council Chamber, 78-495 Calle Tampico, La Quinta, California. PLANNING COMMISSION AGENDA 3 DECEMBER 10, 2019 DECLARATION OF POSTING I, Wanda Wise-Latta, Commission Secretary, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of December 10, 2019 was posted on the City’s website, near the entrance to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78- 630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on December 6, 2019. DATED: December 6, 2019 WANDA WISE-LATTA, Commission Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at 777-7118, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at 777- 7118. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that ten (10) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES 1 NOVEMBER 12, 2019 PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 12, 2019 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Caldwell. PRESENT: Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto, Proctor and Chairperson Caldwell ABSENT: None STAFF PRESENT: Design and Development Director Danny Castro, City Attorney William Ihrke, Planning Manager Cheri L. Flores, Senior Planner Carlos Flores, Public Works Director and City Engineer Bryan McKinney, Commission Secretary Wanda Wise-Latta and Administrative Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner Currie led the Planning Commission in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATION - None CONSENT CALENDAR 1. APPROVAL OF MINUTES DATED OCTOBER 12, 2019 MOTION – A motion was made and seconded by Commissioners Currie/Proctor to approve the Consent Calendar as submitted. AYES: Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto, Proctor and Chairperson Caldwell. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. BUSINESS SESSION 1. APPROVE CANCELLATION OF REGULAR PLANNING COMMISSION MEETINGS OF NOVEMBER 26 AND DECEMBER 24, 2019 CONSENT CALENDAR ITEM NO. 1 PLANNING COMMISSION MINUTES 2 NOVEMBER 12, 2019 Planning Commission waived the presentation of the staff report which is on file in the Design and Development Department. MOTION – A motion was made and seconded by Commissioners Proctor/Currie to cancel the regular Planning Commission meetings November 26 and December 24, 2019. Motion passed unanimously. STUDY SESSION - None PUBLIC HEARINGS DECLARATIONS REGARDING COMMISSION PUBLIC CONTACTS Commissioner Bettencourt disclosed that with respect to Public Hearing Item No. 1, that he has a business relationship with LSA on unrelated business properties located outside of the City of La Quinta. City Attorney Ihrke stated that he met with Commissioner Bettencourt and that there is no source of income or other financial interest on the part of Commissioner Bettencourt with respect to Public Hearing Item No. 1. Chairperson Caldwell disclosed that with respect to Public Hearing Item No.1, visited project site and stated she had no public contact. Commissioner Proctor disclosed that with respect to Public Hearing Item No.1, visited project site and stated he had no public contact. Commissioner Nieto disclosed that with respect to Public Hearing Item No.1, visited project site and stated he had no public contact or conflict. No other public contact to report. 1. SITE DEVELOPMENT PERMIT 2019-0002, ZONE CHANGE 2019-0002, VARIANCE 2019-0001 AND ENVIRONMENTAL ASSESSMENT 2019-0002 SUBMITTED BY KAIDENCE GROUP PROPOSING A 2,790 SQUARE FOOT DRIVE-THROUGH STARBUCKS. PROJECT: DRIVE-THROUGH STARBUCKS; CEQA: PROJECT CONSISTENT WITH MITIGATED NEGATIVE DECLARATION APPROVED FOR ENVIRONMENTAL ASSESSMENT 91-187 PREPARED FOR PLOT PLAN 91-456 AND APPROVED APRIL 16, 1991. LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO. [RESOLUTION 2019- 011] Senior Planner Carlos Flores presented the staff report, which is on file in the Design and Development Department. PLANNING COMMISSION MINUTES 3 NOVEMBER 12, 2019 Staff responded to the Commission’s inquiries regarding the drive-through and potential car-stacking impacts to ADA parking spaces; height of menu board; and directional signage versus parking lot markings. Senior Planner Flores stated that the applicant has not provided information regarding direction signage and striping. He noted that the site design lends itself to flexibility and changes in operation should, for example car-stacking impact parking spaces during peak hours. Staff continued to respond to the Commission’s inquiries regarding barrier or enclosure for the patio area; ADA accessibility; and outdoor speakers. Senior Planner Flores said that noise standards would apply if there are outdoor speakers. He noted that shrubs and landscaping are shown on the landscape plan to buffer the patio area from the drive through. Staff continued to respond to Commission’s inquiries regarding proposed and existing lighting standard heights; path of travel within the parking lot during high peak hours; additional bike racks; electric vehicle parking and handicapped parking locations; review of signage and striping plan; and canopy or trellis above the patio area. Chairperson Caldwell declared the PUBLIC HEARING OPEN at 6:36 p.m. PUBLIC SPEAKER: Kendall Beas, Kaidence Group – introduced herself and stated she was available to answer questions. Ms. Beas clarified that the project is a relocation of the current Starbucks located in the center; noted that the current Starbucks and new Starbucks location are owned by the same majority owner of the shopping center; stated that there would be an appropriate patio covering; addressed location of the menu board and pickup window; vehicle stacking in the drive-through area; Senior Planner Flores clarified that any building, drive-through, directional and monument signage including the menu board and its pedestal would be reviewed under the center’s sign program and approved by staff. Ms. Beas noted that she will consult with the applicant regarding consideration of lowering the height of the light standards. Chairperson Caldwell declared the PUBLIC HEARING CLOSED at 6:48 p.m. Planning Commissioners spoke in support of the project and regarding traffic circulation; signage and wayfinding; additional bicycle racks; requested a condition to review access and egress of traffic flow by Planning Commission; and adding a condition to review the height of the lighting standard. PLANNING COMMISSION MINUTES 4 NOVEMBER 12, 2019 City Attorney Ihrke suggested language, subject to the applicant’s agreement, to address the Commission’s request to schedule a review the implementation of the drive-through stacking, circulation, and directional signage. Planning Commissioners Currie and Nieto spoke about adding a barrier, hedge, a low wall or planters to serve as a barrier between patio users and vehicles. Commissioner Nieto asked if the applicant would reconsider the wainscoting that would be more consistent with the rest of the shopping center. Senior Planner Flores suggested adding a condition of approval regarding some sort of barrier or landscaping around the patio. City Attorney Ihrke suggested adding additional wording to Condition of Approval No. 60 regarding adding landscaping or a low wall or planter buffer to shield the patio users from parking lot spaces. MOTION: A motion was made and seconded by Commissioners Currie/Libolt Taylor to adopt Planning Commission Resolution 2019-011 recommending that the City Council find the project consistent with Environmental Assessment 2019-0002 and approve Site Development Permit 2019-0002, Zone Change 2019-0002, Variance 2019-0001, subject to the findings and conditions as amended adding: Condition of Approval No. 60: Add the following sentence at the end of the current paragraph: “The final landscape plans shall include a low wall/barrier and planter-buffer between the parking lot and outdoor patio. Condition of Approval No. 69; The applicant shall return to the Planning Commission within six (6) months of receiving a certificate of occupancy to review the implementation of the drive-through stacking, circulation, and directional signage and the Planning Commission or applicant may propose any additional condition necessary or proper to improve such operation. AYES: Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto, Proctor and Chairperson Caldwell. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS 1. Commissioner Bettencourt shared a newspaper article about 5G cell towers and City Attorney Ihrke provided an update on 5G service. PLANNING COMMISSION MINUTES 5 NOVEMBER 12, 2019 STAFF ITEMS 1. Planning Manager Cheri Flores provided an update regarding the Highway 111 Corridor Plan and noted that a Special Joint Meeting of the La Quinta City Council and Planning Commission will be held on November 21, 2019 and the City of La Quinta Open House will be held at City Hall on December 3, 2019. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Proctor/McCune to adjourn this meeting at 7:20 p.m. Motion passed. Respectfully submitted, WANDA WISE-LATTA, Commission Secretary City of La Quinta, California City of La Quinta PLANNING COMMISSION MEETING: December 10, 2019 STAFF REPORT AGENDA TITLE: REVIEW OF RECREATIONAL AND LARGE VEHICLE PARKING IN RESIDENTIAL AREAS RECOMMENDATION Review regulations regarding recreational and large vehicle parking in residential areas. EXECUTIVE SUMMARY • Planning Commission received a letter from a resident regarding their neighbor’s storage of recreational and other vehicles in the Cove. • Planning Commission asked that Staff present the regulations for parking recreational and large vehicles in residential areas at the next meeting. BACKGROUND/ANALYSIS Staff received a letter from a resident regarding the storage of recreational vehicles (RV) and other vehicles on their neighbor’s property in the Cove (Attachment 1). The resident asked Staff to distribute the letter to the City Council and Planning Commission (Commission). At the October 22 meeting, the Commission asked staff to place this item on the agenda for the following meeting and present the regulations for parking RVs in residential areas. Section 9.280.030 of the Municipal Code (Code) defines RVs as all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, “5th wheels” and camper shells. RV Parking is allowed in the Very Low Density Residential (RVL), Low Density Residential (RL) and Cove Residential (RC) zones as an accessory use, subject to Section 9.60.130 of the Code. Accessory uses are permitted only if they are accessory to the principal residential use on the site. Section 9.60.130 provides standards for the orderly storage of recreational vehicles. RVs are not allowed to be parked or stored on public streets for more than seventy- two consecutive hours or for a combined total exceeding seventy-two hours in a seven- day period. Storage on residential properties must comply with the following: • RVL, RL, RM Zones o Any RV or parts thereof may not be parked or stored in the front yard area of any property zoned RVL, RL, or RM, but may be parked or stored in a side or rear yard, as long as they are screened from abutting property and public right-of-way by a solid wall or fence six feet in height. STUDY SESSION ITEM NO. 1 1 o The area in which the RV is parked or stored, must be paved with concrete, asphalt, gravel, or similar materials, and must extend to the width and length of the RV. Areas containing grass or native soil are not approved for the parking or storage of RVs. • RC Zone (Cove) o RVs may be parked or stored in the front, side, or rear yards of any property zoned RC, provided that the area in which the RV is parked or stored is paved with concrete, asphalt, gravel, or similar materials, and extends to the width and length of the RV. o A property owner who owns a vacant lot immediately adjacent to their permanent place of residence, may park only their RV on said lot with an appropriate pad. o Areas containing grass or native soil are not approved for the parking or storage of RVs. o RVs parked in the driveway or immediately adjacent to and parallel to the driveway, may encroach into the right-of-way, provided that no part of the RV extends over any sidewalk, curb, or travelway. • RVs that are wrecked, dismantled, unregistered, inoperative or otherwise unsightly are considered a public nuisance if they are parked, stored, or left in public view, on public or private property. It becomes unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes otherwise dilapidated. These standards do not specify the number of RVs that are allowed to be parked or stored on residential property, setbacks from neighboring properties, or other private vehicles such as large trucks or cars. These vehicles are allowed to be parked in the driveways of residences or on public streets that allow parking. Other large vehicles that may park in residential areas are commercial or construction vehicles. These include utility body trucks, farming and construction tractors, construction vehicles and towed equipment, semi-truck tractors, semi-truck trailers, dump trucks, step van delivery trucks or any parts or apparatus of any of the above, with certain exemptions. These vehicles must be screened from public view and adjacent properties if they are parked on private property and on public rights-of-way. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachment: 1. Resident’s letter 2 ATTACHMENT 1 3 4 City of La Quinta PLANNING COMMISSION MEETING: December 10, 2019 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 2019-0002 (TTM 37730) TO ALLOW SUBDIVISION OF 13.9 ACRES FOR DEVELOPMENT OF 29 SINGLE-FAMILY HOMES. CEQA: FINDINGS OF ENVIRONMENTAL ASSESSMENT 2014-1003 APPLY AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: WITHIN THE NORTHWEST PORTION OF THE SILVERROCK RESORT. PROJECT INFORMATION CASE NUMBER: TENTATIVE TRACT MAP 2019-0002 (TTM 37730) APPLICANT: SILVERROCK DEVELOPMENT COMPANY PROPERTY OWNER: CITY OF LA QUINTA SUCCESSOR AGENCY REQUEST: ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 2019-0002 TO ALLOW SUBDIVISION OF 29 SINGLE-FAMILY LOTS ON 13.9 ACRES. LOCATION: APN 776-150-028, 777-490-038 CEQA: THE DESIGN & DEVELOPMENT DEPARTMENT PREPARED ENVIRONMENTAL ASSESSMENT 2014-1003 FOR THE ORIGINAL PROJECT IN 2015, IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE DEPARTMENT HAS DETERMINED THAT THE PROJECT HAS NOT SUBSTANTIALLY CHANGED, AND THAT THE FINDINGS OF ENVIRONMENTAL ASSESSMENT 2014- 1003 STILL APPLY TO THIS PROJECT. NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. RECOMMENDATION Adopt resolution to approve Tentative Tract Map 2019-0002 (TTM 37730) subject to the Findings and Conditions of Approval. PUBLIC HEARING ITEM NO. 1 1 EXECUTIVE SUMMARY • The SilverRock Specific Plan, originally approved in 2006, was amended in 2015 to include residential villas associated with the Montage Hotel. In 2016, the City Council approved Site Development Permit (SDP) 2016- 0005, which included the residences and their preliminary layout. • TTM 2019-0002 conforms to the preliminary layout included in SDP 2016- 0005. • The single family lots will be located northwest of the Montage Hotel property, and will provide for 29 single-family homes, as well as lettered lots for streets, open space areas and ancillary facilities. BACKGROUND/ANALYSIS The Tentative Tract Map is a continuation of the development plan for the SilverRock Resort. This component of the plan, first brought forward in 2016, provides for the subdivision of 29 single-family lots which will be associated with the Montage Hotel. The site is located north of the hotel site, in the northwestern portion of SilverRock and has been mass graded (Attachment 1). The Tentative Tract Map subdivides the property into 29 lots with a central private roadway (Attachment 1). The lots will be a minimum of 12,127 square feet, with an average lot size of 16,840 square feet, exceeding the City’s standards for the Low Density Residential zone. Access will be from Ahmanson Way. The map also includes open space areas that accommodate guest parking scattered through the site. The home designs for these lots were approved as part of SDP 2016-0005. No change is proposed to those designs. Conditions of approval are standard, and include a requirement for a turnaround or circulating feature for Lots B and C, the access drives to Lots 1 through 4, to be included in the Final Map, prior to approval and recordation. AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval. Public Notice This project was advertised in The Desert Sun newspaper on November 30, 2019, and mailed to all property owners within 500 feet of the site. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the Planning Commission hearing. 2 ENVIRONMENTAL REVIEW The Planning Division prepared Environmental Assessment 2014-1003 for this project when it was originally approved in 2016, in compliance with the requirements of the California Environmental Quality Act (CEQA). The current project substantially conforms to the analysis contained in that document, and will be subject to the mitigation measures as applicable. No further environmental review is required. Prepared by: Nicole Sauviat Criste, Consulting Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Site Photos 2. Tentative Tract Map 2019-0002 (TTM 37730) Plan Set 3 4 PLANNING COMMISSION RESOLUTION 2019 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 37730 (TTM 2019-0002) TO ALLOW THE DEVELOPMENT OF 29 HOMES ON A 13.9 ACRE SITE LOCATED SOUTH OF AVENUE 52 AND WEST OF JEFFERSON STREET, WITHIN THE SILVERROCK RESORT CASE NUMBERS: TENTATIVE TRACT MAP 37730 (TTM 2019-0002) APPLICANT: SILVERROCK DEVELOPMENT COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 10th day of December, 2019, hold a duly noticed Public Hearing to consider a request by SilverRock Development Company for Tentative Tract Map approval of 29 single family homes on 13.9 acres, more particularly described as: APN 776-150-028, 777-490-038 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 30, 2019 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Tentative Tract Map 37730 (TTM 2019-0002) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. Tentative Tract Map 37730 is consistent with the La Quinta General Plan, and Specific Plan 06-080, as amended. The Tract Map is consistent with the Low Density Residential land use designation as set forth in the General Plan, and as set forth in Specific Plan 06- 080. 2. The design and improvement of Tentative Tract Map 37730 is consistent with the La Quinta General Plan, and Specific Plan 06- 5 Planning Commission Resolution 2019 - Tentative Tract Map 37730 (TTM 2019-0002) SilverRock Residences December 10, 2019 Page 2 of 3 080 with the implementation of recommended conditions of approval to ensure consistency for the homes proposed on the lots created herein. The project density is consistent with the La Quinta General Plan and Specific Plan 06-080 and is comparable to surrounding residential development. 3. The design of Tentative Tract Map 37730 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department prepared Environmental Assessment 2014-1003, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that the project is substantially the same as the previously proposed project, that conditions have not changed, and that the findings and mitigation measures contained in EA 2014-1003 shall apply to this project. 4. The design of Tentative Tract Map 37730 and type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The design and improvements required for Tentative Tract Map 37730 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the above project be determined by the Planning Commission to be consistent with Environmental Assessment 2014-1003; 6 Planning Commission Resolution 2019 - Tentative Tract Map 37730 (TTM 2019-0002) SilverRock Residences December 10, 2019 Page 3 of 3 SECTION 3. That it does hereby approve Tentative Tract Map 37730, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 10th day of December 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________ MARY CALDWELL, Chairperson City of La Quinta, California ATTEST: _______________________________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 7 8 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 1 of 16 GENERAL 1.The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2.This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Chapter 13 of the La Quinta Municipal Code (“LQMC”). The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at www.la-quinta.org. 3. Tentative Tract Map No. 37730 shall comply with all applicable conditions and/or mitigation measures for the following related approval(s): SDP 2016-0005 and SDP 2016-0009 Tentative Parcel Map 37207 Environmental Assessment 2014-1003 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4.Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: •Riverside County Fire Marshal •La Quinta Public Works Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) •La Quinta Design and Development Department •Riverside Co. Environmental Health Department •Desert Sands Unified School District (DSUSD) •Coachella Valley Water District (CVWD) •Imperial Irrigation District (IID) •California Regional Water Quality Control Board (CRWQCB) 9 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 2 of 16 • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. 10 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 3 of 16 D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs as required. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 11. The applicant shall adjust lot lines as shown on the preliminary grading plan prior to any certificate of occupancy issuance for Tract Map. 37730. 11 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 4 of 16 12. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Lot A - Private residential streets shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on-street parking is prohibited. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall be reviewed and approved by the Design and Development Department prior to recordation. Property line shall be placed at the back of curb similar to the lay out shown on the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. B. CUL DE SACS The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 14. When the City Engineer determines that access rights to the proposed street right-of- way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights-of-way, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten-foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to SilverRock Way and Ahmanson Lane is restricted, except for those access points identified on the Tentative Tract Map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall 12 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 5 of 16 construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 20. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 21. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 22. The applicant shall construct the following street improvements: A. PRIVATE STREETS 1) Lot A - Private residential streets shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on-street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall be reviewed and approved by the Design and Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. B. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay-out shown on the tentative map, except for revisions as may be required by the City Engineer. C. EMERGENCY TURN AROUND 1) Turn arounds shall be required for driveway Lots B and C or another circulating feature as approved by the Fire Department and the City Engineer. 13 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 6 of 16 23. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. 25. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 26. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. FINAL MAPS 27. Prior to the City’s approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1” = 40’ scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California. 28. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 29. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, 14 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 7 of 16 the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On-Site Street Improvements/ Signing & Striping/ Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical B. On-Site Rough Grading Plan 1” = 40’ Horizontal C. PM10 Plan 1” = 40’ Horizontal D. Erosion Control Plan 1” = 40’ Horizontal NOTE: A through D to be submitted concurrently. (Separate Storm Drain Plans if applicable) E. On-Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the City Engineer. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. In addition to the normal set of improvement plans, a “precise grading” plan is required to be submitted for approval by the Building Official, Planning Manager, and the City Engineer. “Precise Grading” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and accessible requirements. 30. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Design and Development Department at the City website (www.laquintaca.gov). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 31. The applicant shall furnish a complete set of the mylars of all approved improvement 15 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 8 of 16 plans on a storage media acceptable to the City Engineer. 32. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 33. Prior to approval of any Final Map, the applicant shall construct all on and off-site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 34. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 36. Depending on the timing of the development of this Tentative Tract Map, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. 16 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 9 of 16 Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of 20% of total Building Permits. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 37. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 38. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 39. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 40. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 41. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, and B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, and C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and 17 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 10 of 16 D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls), and E. A WQMP prepared by an authorized professional registered in the State of California, and F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 42. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 43. Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 44. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 45. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 18 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 11 of 16 46. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City’s Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 47. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Parcel Map 37207, SDP 2016-0005 SilverRock or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. 48. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 49. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 50. Stormwater may not be retained in landscaped parkways or landscaped setback lots unless approved by the City Engineer. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 51. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 52. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 53. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 19 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 12 of 16 54. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009- DWQ and Order No. 2010-0014-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 55. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 56. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 57. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. 20 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 13 of 16 CONSTRUCTION 58. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 59. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 60. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. 61. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 62. The applicant shall submit final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Design and Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 63. All landscaping shall consist of, at minimum, 36” box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 21 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 14 of 16 64. A minimum of 50% of plantings classified “Shrubs, Perennials and Annuals” shall be provided as 5 gallon plants. This requirement shall be implemented on each Final Landscaping Plan submitted for review and approval to the City. MAINTENANCE 65. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 66. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. 67. The Applicant acknowledges that the City intends to form a SilverRock Landscape and Lighting District and, by recording a subdivision map, agrees to be included in the District and to offer for dedication such easements as may be required for the maintenance and operation of related facilities. Any assessments will be done on a benefit basis, as required by law. 68. The Applicant shall make provisions for maintenance of all common areas, public landscape areas, and storm water retention areas within Parcel Map No. 37207 via one or a combination of the following methods prior to final map approval: A. Applicant shall consent to the formation of a maintenance district under Chapter 26 of the Improvement Act of 1911 (Streets and Highways Code, Section 5820 et seq.) or the Lighting and Landscaping Act of 1972 (Streets and Highways Code 22600 et seq.) to implement maintenance of all improved public landscape areas, landscape buffer, and storm water retention areas. It is understood and agreed that the Developer/Applicant shall pay all costs of maintenance for said improved common areas until such time as tax revenues are received from assessment of the real property. B. Applicant shall submit to the Design and Development Department Management and Maintenance Agreement, to be entered into with the unit/lot owners of this land division, in order to insure all private common areas and facilities will be maintained. A homeowner’s association or associations shall be created with the unqualified right to assess the owners of the individual units for reasonable maintenance costs. The association shall have the right to lien the property of any owners who default in the payment of their assessments. FEES AND DEPOSITS 69. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in 22 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 15 of 16 effect when the applicant makes application for plan check and permits. 70. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). FIRE DEPARTMENT 71. Fire Hydrants and Fire Flow: Provide one copy of the water system plans to show there exist fire hydrant(s) capable of delivering the minimum fire flow, per CFC Appendix B Table B105.1, within 600 feet to all portions around the proposed structures. Minimum fire hydrant location and spacing shall comply with the CFC and NFPA 24. Reference 2016 California Fire Code (CFC) 507.5.1 72. Tract Water Plans: Applicant/developer shall furnish plans of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Ref. CFC 105.4.1 73. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 74. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required. Access roads shall be provided to within 300- feet to all portions of all buildings and shall have an unobstructed width of not less than 24 feet. Driveway access to lots 1 through 4 shall comply with RVC Fire #TP 16- 001. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas of residential development and 60,000 lbs. over two axels for commercial developments. Ref. CFC 503.1.1 and 503.2.1 as amended by the City of La Quinta. 75. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 76. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1 77. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two- family dwellings per the California Residential Code (CRC). Plans must be submitted to 23 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 2019-0002 (TTM 37730) SILVERROCK RESIDENCES ADOPTED: Page 16 of 16 the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313.2 78. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1 79. Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01. 80. Emergency Turn-Around: Prior to approval of the Final Tract Map, turn arounds shall be required for driveway Lots B and C or another circulating feature as approved by the Fire Department and the City Engineer. 81. The applicant shall obtain a separate Alternate Materials and Methods approval from the Fire Department for the proposed hybrid paved and grasspave2 surface for the emergency vehicle access road. 24 City of La Quinta PLANNING COMMISSION MEETING: December 10, 2019 STAFF REPORT AGENDA TITLE: CONTINUED FROM OCTOBER 8, 2019: ADOPT RESOLUTIONS RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL ASSESSMENT 2017- 0006 AND APPROVE SPECIFIC PLAN 2017-0002, TENTATIVE PARCEL MAP 2017-0003, SITE DEVELOPMENT PERMIT 2017-0009, PROPOSING AN APPROXIMATE 119,000 SQUARE-FOOT SHOPPING CENTER WITH THREE DRIVE-THROUGH BUILDINGS AND A 63,000 SQUARE-FOOT SUPERMARKET WITH ASSOCIATED VEHICLE FUEL CENTER. CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS PREPARED A MITIGATED NEGATIVE DECLARATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET. PROJECT INFORMATION PROJECT: PAVILION PALMS SHOPPING CENTER APPLICANT: LUNDIN DEVELOPMENT COMPANY CEQA: ENVIRONMENTAL ASSESSMENT 2017-0006 WAS PREPARED FOR THIS PROJECT IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND IT WAS DETERMINED THAT ALTHOUGH THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, THERE WILL NOT BE A SIGNIFICANT EFFECT BECAUSE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT. LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET, APN 602-180-004. RECOMMENDATION • Adopt a resolution recommending that the City Council adopt a Mitigated Negative Declaration for Environmental Assessment 2017-0006. • Adopt a resolution recommending that the City Council approve Specific Plan 2017-0002, Amendment No. 2 of the Fairway Plaza Specific Plan (SP 1998-034), Tentative Parcel Map 2017-0003 (TPM 37370), and Site Development Permit 2017-0009, subject to the Findings and Conditions of Approval. PUBLIC HEARING ITEM NO. 2 1 EXECUTIVE SUMMARY • The Rancho Cielo Specific Plan (SP 1998-034) was approved in May 1999 for an approximate 110,000 square foot (sq. ft.) shopping center on the site. A General Plan Amendment, Zone Change, and Tentative Parcel Map were also approved. • A Specific Plan Amendment was approved in 2002 for an approximate 100,460 sq. ft. shopping center on the site. • In 2018, the applicant requested a Specific Plan Amendment to allow for a larger shopping center (119,182 sq. ft.), renamed the Pavilion Palms Shopping Center, and deviations from the City’s Zoning standards, a Tentative Parcel Map to subdivide the site into 12 parcels, and a Site Development Permit (Attachment 1). • The Planning Commission (Commission) held a public hearing on May 8, 2018, where the project was recommended to Council for approval. At its June 5, 2018 meeting, Council remanded all applications for the project back to the Commission for a new public hearing due to potential conflicts of interest. • The Commission held another public hearing on June 26, 2018, which was continued in order to allow the applicant time to prepare an expanded traffic study in compliance with Engineering Bulletin (EB) 06- 13. The continued public hearing was held on October 8, 2019 where the Commission had other comments on the applications. The public hearing was continued to December 10, 2019 to give the Applicant time to address these and redesign the site plan accordingly. BACKGROUND/ANALYSIS At the October 8, 2019 meeting, the Commission had other comments on the applications, most notably, to redesign the site to make it more pedestrian friendly and human scaled. The public hearing was continued to December 10, 2019 to give the Applicant time to address these and redesign the site plan accordingly. The Applicant has revised the site with the following additions and revisions: • Addition of four gathering spaces with tables and chairs, covered patio areas, games areas and other interactive displays with public art pieces integrated (Attachment 2, page 10), • Addition of pergolas on the south side of the site along Avenue 50 for enhanced screening (Attachment 2, page 10), • Addition of a shade structure over the central parking rows within the main parking area in front of Pavilions, which provides a covered pedestrian link from Pavilions to the perimeter pads (Attachment 2, page 5), 2 • Addition of direct sidewalk connections from Jefferson Street and Avenue 50 to each pad (Attachment 2, page 5), • Addition of an interim vacant pad condition where pads that remain vacant after two years of the opening of the Pavilions will be fully landscaped (SDP Condition of Approval #118), • Revised landscaping to include additional tree wells in the parking area and add shade trees such as acacia, palo verde and African sumac (Attachment 2, page 5), • Revised landscaping to place date palms at each corner of four entrances to create a better sense of arrival (Attachment 2, page 5), and • Revised the height of the light poles to be no taller than 20 feet (Attachment 2, page 11). The following is a summary of the requested applications to facilitate development of the project. Specific Plan Amendment The Specific Plan Amendment proposes the following changes, which have not changed since the October 8 meeting (Attachment 3): • Reduction of the minimum landscape setback along Jefferson Street and Avenue 50 from 20 to 18 feet—a 10% reduction • Allow for retail stores over 50,000 sq. ft. as a permitted use (Pavilions building is proposed at 63,000 sq. ft.) • Allow for a fuel center (automobile service station without repair facilities) as a permitted use, in conjunction with an anchor tenant—should the fuel center be proposed without an anchor tenant, it would be subject to a Conditional Use Permit (CUP) • Modification of the current Master Design Theme from Spanish Mediterranean style to a Contemporary style. • Removal of the sign program to allow a separate sign program to be considered without a Specific Plan Amendment. Tentative Parcel Map The Tentative Parcel Map proposes to reconfigure the property into 12 parcels (Attachment 2, page 4) to accommodate 12 buildings, which has not changed since the October 8 meeting. Site Development Permit The site plan (Attachment 4) shows a 119,182 sq. ft. shopping center consisting of the following: • A 63,000 sq. ft. Pavilions grocery store building, with a drive-through pharmacy, along the western portion of the site; • A retail building consisting of approximately 4,400 sq. ft. (Retail 1) directly north of Pavilions; • A multi-tenant building (Shops 1) of approximate 11,700 sq. ft. on the northern portion of the site; o Six buildings ranging from 4,000 sq. ft. to 6,360 sq. ft. (Buildings 1-6) along the eastern perimeter of the site, along Jefferson Street, with Buildings 2, 3, and 5 as drive-through buildings; 3 • Buildings 8 and 9 at the southwestern portion of the site, 4,675 sq. ft. and 6,357 sq. ft. respectively; and, • A Pavilions-branded fuel center with 825 sq. ft. mini-mart (Building 7). Additions to the site plan include: • Four gathering spaces with tables and chairs, covered patio areas, games areas and other interactive displays with public art pieces integrated (Attachment 2, page 10), • Pergolas on the south side of the site along Avenue 50 for enhanced screening (Attachment 2, page 10), • Shade structure over the central parking rows within the main parking area in front of Pavilions (Attachment 2, page 5), Traffic/Circulation The project vehicular circulation includes access from four driveways, two along Jefferson Street and two along Avenue 50. Two driveways will be restricted to right-in, right-out movements. The north driveway along Jefferson Street will be restricted to right-in, right-out and left-in movements. The east driveway along Avenue 50 would allow full movements in and out of the site, to facilitate access to the supermarket and fuel center. The 2019 traffic analysis (Attachment 5) studied the project’s potential to impact intersections within a one-mile radius of the project site and considered potential traffic from nearby future development, including Citrus Plaza. Traffic volume data was collected in November 2018. The updated traffic analysis shows that the levels of service of surrounding intersections and project driveways would not be significantly impacted by the addition of project related traffic. Staff met with the City of Indio staff at the beginning of November regarding potential traffic signals along Jefferson Street. With the proposed expansion of Citrus Plaza across the street, both cities agreed that since both the Citrus Plaza and Pavilion Palms shopping centers can function at acceptable levels of service, no signal along Jefferson is required nor desired. Architecture The architectural style of the project is proposed to be contemporary, utilizing glass, wood, and various metals, with clean, sharp horizontal and vertical planes (Attachment 2). Architectural detailing using building projections, variations in color and materials, and landscaping is provided along building elevations to break up building mass. Elevations, roof plans, and shell plans for the Pavilions building and fuel center, Retail 1, Shops 1 and Buildings 4 and 5 are included in this SDP. The architectural design of other retail pad buildings will require separate SDP approval. The architectural style is inspired by the modern style proposed at SilverRock. Attachment 6 shows architectural renderings of the site. 4 Landscaping Landscaping for the project includes desert tolerant, water efficient plants, (Attachment 2, Sheet L-1). The applicant proposes Washingtonia Filifera Hybrid palms as parking area landscaping to enhance the architectural statement of the shopping center. There was a concern that using only palms as shade trees would not create sufficient shading. The applicant has revised the landscape plan to add more trees to provide additional shade and has added a shade structure at the center of the parking lot. Additionally, date palms were relocated to the four entrances to create more of a sense of arrival. The applicant has also added an interim vacant pad condition where pads that remain vacant after two years of the opening of the Pavilions will be fully landscaped. Site Lighting Parking lot lighting for the project will consist of LED lighting, no taller than 20 feet, which complies with height limits of the Community Commercial District (Attachment 2, Architectural Sheet 3). The photometric plan shows light levels just over what is required in the Municipal Code; however, a condition of approval is included for staff to review the lighting plan for consistency with the Code prior to the issuance of building permits. AGENCY AND PUBLIC REVIEW SB-18 and AB-52 Native American Tribal Consultation Staff consulted with tribes on the Tribal Consultation List provided by the Native American Heritage Commission who requested information or consultation, the Agua Caliente Band of Cahuilla Indians and the Twenty-Nine Palms Band of Mission Indians, and placed their monitoring recommendations in the Conditions of Approval and Mitigated Negative Declaration. Public Agency Review This request was sent to all applicable City departments and affected public agencies. All written comments received are on file and available for review with the Design and Development Department and have been adequately addressed and/or incorporated in the recommended Conditions of Approval. Public Notice The public hearing notice was advertised in The Desert Sun newspaper on September 20, 2019 and was sent to property owners and occupants within a 500-foot radius of the project site. All public comments are on file with the Design and Development Department. ENVIRONMENTAL REVIEW The Design and Development Department has determined that a Mitigated Negative Declaration (MND) be prepared for the proposed project. The MND was distributed to the City’s responsible agencies and sent to interested members of the public. Thirteen comments were received during the 30-day comment period. Responses to these comments have been prepared and sent 5 to each commenting party. Comments and responses are included in the Final MND, which has been included as Exhibit A of the proposed Commission Resolution. Prepared by: Cheri L. Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Project Information 2. Development Plan Set – Site Development Permit 2017-0009 3. Specific Plan Modifications 4. Site Plan 5. August 2019 Traffic Study by Albert Grover and Associates 6. Architectural Renderings 7. Conditions of Approval Summary 6 PLANNING COMMISSION RESOLUTION 2019 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE PAVILION PALMS SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50. CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2017-0006 APPLICANT: LUNDIN DEVELOPMENT COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 10th day of December, 2019, hold a duly noticed Public Hearing to consider a request by Lundin Development Company for approval of the Pavilion Palms Shopping Center, generally located at the northwest corner of Jefferson Street and Avenue 50, more particularly described as: APN 602-180-004 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 20, 2019 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on October 8, 2019 to consider this project and continued the Public Hearing, to allow the applicant time to revise the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on June 26, 2018 to consider this project and continued the Public Hearing, to allow the applicant time to revise the traffic study and include an analysis of other intersections in the area; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings 1 Planning Commission Resolution 2019 - Environmental Assessment 2017-0006 Pavilion Palms Shopping Center December 10, 2019 Page 2 of 3 pursuant to Section 9.250.010 of the Municipal Code to justify approval of said Environmental Assessment [Exhibit A]: 1. As conditioned, proposed 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 2017-0006. 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 can be mitigated to a less than significant level. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources of the habitat on which the wildlife depends. 4. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. Impacts which are individually limited or cumulatively considerable can be mitigated to be less than significant. 5. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. Impacts associated with noise and air quality can be mitigated to be less than significant. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the Planning Commission hereby recommends the City Council adopt Environmental Assessment 2017-0006. 2 Planning Commission Resolution 2019 - Environmental Assessment 2017-0006 Pavilion Palms Shopping Center December 10, 2019 Page 3 of 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 10th day of December, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ MARY CALDWELL, Chairperson City of La Quinta, California ATTEST: _________________________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 3 4 Initial Study/Mitigated Negative Declaration for the Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center La Quinta, CA EA2017-0006 Prepared for Lead Agency: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Prepared by: Jericho Systems, Inc. 47 N. First Street, 1st Street Redlands, CA 92373 (909) 307-5633 March 2018 EXHIBIT A 1 [this page left intentionally blank] 2 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page i TABLE OF CONTENTS SECTION 1 - INTRODUCTION .............................................................................................................. 1  SECTION 2 – REGULATORY FRAMEWORK .................................................................................... 2  SECTION 3 - DETAILED PROJECT DESCRIPTION ......................................................................... 3  SECTION 4 - ENVIRONMENTAL CHECKLIST FORM .................................................................... 8  I. AESTHETICS ..................................................................................................... 13  II. AGRICULTURE AND FORESTRY RESOURCES: ......................................... 16  III. AIR QUALITY .................................................................................................... 19  IV. BIOLOGICAL RESOURCES ............................................................................. 26  V. CULTURAL RESOURCES: ............................................................................... 31  VI. GEOLOGY AND SOILS .................................................................................... 36  VII. GREENHOUSE GAS EMISSIONS: ................................................................... 40  VIII. HAZARDS AND HAZARDOUS MATERIALS ............................................... 44  IX. HYDROLOGY AND WATER QUALITY: ....................................................... 47  X. LAND USE AND PLANNING: .......................................................................... 51  XI. MINERAL RESOURCES: .................................................................................. 53  XII. NOISE: ................................................................................................................ 54  XIII. POPULATION AND HOUSING: ....................................................................... 62  XIV. PUBLIC SERVICES: .......................................................................................... 64  XV. RECREATION .................................................................................................... 66  XVI. TRANSPORTATION/TRAFFIC: ....................................................................... 67  XVII. TRIBAL CULTURAL RESOURCES: ................................................................ 73  XVIII. UTILITIES AND SERVICE SYSTEMS: ........................................................... 75  SECTION 5 - SUMMARY OF MITIGATION MEASURES ............................................................... 80  SECTION 6 - REFERENCES ................................................................................................................. 84  FIGURES Figure 1 Regional Overview ......................................................................................................................... 5 Figure 2 Site Location ................................................................................................................................... 6 Figure 3 Site Plan ......................................................................................................................................... 7 3 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page ii TABLES Table 1 Proposed Site Plan ........................................................................................................................... 4  Table 2 Summer Construction Emissions Summary (Pounds per Day) ..................................................... 20  Table 3 Winter Construction Emissions Summary (Pounds per Day) ........................................................ 21  Table 4 Summer Operational Emissions Summary (Pounds per Day) ....................................................... 22  Table 5 Winter Operational Emissions Summary (Pounds per Day)......................................................... 23  Table 6 Localized Significance Thresholds (Pounds per Day) ................................................................... 24   Table 7 Greenhouse Gas Construction Emissions (Metric Tons per Year) ................................................ 41  Table 8 Greenhouse Gas Operational Emissions (Metric Tons per Year) .................................................. 42  Table 9 Construction Equipment Noise Emission Levels ........................................................................... 55  Table 10 Vibration Source Levels for Typical Construction Equipment.................................................... 56  Table 11 Existing and Projected Future Operational Noise ........................................................................ 58  Table 12 Existing Conditions – Avenue 50 at Jefferson Street .................................................................. 69  Table 13 Opening Day – With Project – Avenue 50 at Jefferson Street ..................................................... 69  Table 14 Future Buildout (Year 2035) – With Project – Avenue 50 at Jefferson Street ............................ 69  APPENDICES Appendix A Site Lighting Plan  Appendix B Air Quality Model Results  Appendix C Biological Resources Report  Appendix D Cultural Resources Report  Appendix E Noise Study  Appendix F Traffic Studies  Appendix G City of La Quinta Engineering Bulletin 06-13    4 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 1 SECTION 1 - INTRODUCTION Background La Quinta is a resort city in the Coachella Valley of Riverside County located between Indian Wells and Indio. As of the 2010 census, the population was approximately 37,000, up from the 2000 census, which recorded approximately 24,000. The city limits encompass approximately 37 miles and are generally bounded on the west by Washington Street and the Santa Rosa Mountains, on the north by lands south of Hovley Lane East, on the east by Jefferson Street and Monroe Street, and on the south by Avenue 62 and Avenue 64 (Figure 1). Topographically, the City is situated on a flat valley floor surrounded by low mountains, foothills and alluvial fans characteristic of the desert environment. The valley floor is the site of most of the City’s developed areas, while surrounding mountains and foothills have been designated and are retained as open space. The City has historically contained large areas of agriculture on the valley floor, but this has changed in recent years with increased urbanization. Development within the City limits is now primarily residential, commercial and resort oriented (Terra Nova, July 2012). Hwy 111, a major thoroughfare that provides access to most of the cities in the Coachella Valley, bisects the city’s northern portion. A majority of the major commercial and resort facilities are found along Hwy 111, with the remainder of the city designed for residential and light commercial/retail. In May 1999, the City of La Quinta approved the Fairway Plaza Shopping Center Specific Plan of Land Use and associated parcel map to allow for the development of 100,460 square feet of a supermarket- anchored shopping center with adjacent retail pads on 12.5 acres at the northwest corner of Jefferson Street and 50th Avenue. The parcel is designated and zoned for Community Commercial (CC) use. The Specific Plan adoption included adoption of a Mitigated Negative Declaration. In 2002, an amendment to the Specific Plan was also adopted. To date, that project has not been constructed. On February 19. 2013, the City of La Quinta adopted the Environmental Impact Report (EIR) for its 2035 General Plan (SCH# 2010111094) which included the impacts of adding to commercial uses within the City, including the approved Fairway Plaza Shopping Center Specific Plan. A Statement of Overriding Considerations was also adopted for environmental impacts that could not be mitigated to a level below significance for: Air Quality, Greenhouse Gas, and Traffic (Resolution 2013-009). Currently, the Lundin Development is requesting the City to authorize Amendment No. 2 to the Fairway Plaza Specific Plan to change the name of the approved Specific Plan to “Pavilion Palms” and construct a total of 125,800 square feet of a supermarket-anchored shopping center and adjacent retail pads on the 12.5-acre site at the corner of Jefferson Street and 50th Avenue, within the same area of the previously- approved Fairway Plaza Specific Plan, and its subsequent amendment. Amendment No. 2 would add 25,340 square feet of retail and ancillary uses. Proposed uses within the commercial center development are similar to the previously approved plan, and include banks, restaurants, gasoline service station, and grocery store (Figure 3). 5 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 2 SECTION 2 – REGULATORY FRAMEWORK The City of La Quinta has identified that the Pavilion Palms Shopping Center Project meets the California Environmental Quality Act (CEQA) Guidelines Section 15378 definition of a Project. CEQA Guidelines Section 15378 defines a Project as the following: (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This document is an Initial Study/Mitigated Negative Declaration (IS/MND) prepared in accordance with the California Environmental Quality Act (CEQA), including all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.). This IS/MND is an informational document intended for use by the City of La Quinta, City Council and Responsible agencies, and members of the general public in evaluating the physical environmental effects of the proposed Project. It was compiled by the City of La Quinta with the assistance of Jericho Systems Inc. (Jericho). The City of La Quinta is serving as the Lead Agency for the proposed Project pursuant to CEQA §21067 and CEQA Guidelines Article 4 and §15367. “Lead Agency” refers to the public agency that has the principal responsibility for carrying out or approving a Project. Organization of the Initial Study The Initial Study is organized as follows: Introduction: Provides the regulatory context for the review along a brief summary of the CEQA process. Project Information: Provides fundamental Project information, such as the Project description, Project location and figures. Lead Agency Determination: Identifies environmental factors potentially affected by the Project and identifies the Lead Agency's determination based on the initial evaluation. Mitigated Negative Declaration: Prepared when a determination can be made that no significant environmental effects will occur because revisions to the Project have been made or mitigation measures will be implemented which will reduce all potentially significant impacts to less than significant levels. Mitigation Monitoring Program Table: Identifies objectives, criteria, and specific procedures to administer the SBVWCD’s responsibilities under CEQA. Evaluating Environmental Impacts: Provides the parameters the SBVWCD uses when determining level of impact. CEQA Checklist: Provides an environmental checklist and accompanying analysis for responding to checklist questions. References: Includes a list of references and various resources utilized in preparing the analysis. 6 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 3 SECTION 3 - DETAILED PROJECT DESCRIPTION Introduction Lundin Development, a private entity, is requesting authorization from the City of La Quinta to amend the previously approved Fairway Specific Plan by changing the name to “Pavilion Palms,” and constructing a total of 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Amendment No. 2 would add 25,340 square feet of retail and ancillary uses to the 100,460 square feet previously approved. Proposed uses within the commercial center development include the same uses as previously approved, including banks, restaurants, gasoline service station, and grocery store (Figure 3). The site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The amended Project, with the 125,800 square feet represents approximately 0.22 FAR, below the maximum allowed under the City’s General Plan. The Assessor Parcel Numbers for this Project are: APNs: 602-180-003, 602-180-004, 602-180-005, 602- 180-013, and 602-180-014. Per the City of La Quinta General Plan, the Project site is zoned Community Commercial (CC) for commercial use. The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by residential development that fronts Jess Anne Drive, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. Detailed Project Description Site Plan The Project site consists of five parcels that total approximately 12 acres. The proposed Project will be anchored by Pavilions grocery store and includes restaurants, banks, and retail units, as well as a fuel center/convenience market. In total, the proposed development would provide approximately 125,800 square feet (sf) of gross floor area, which is detailed by building and proposed use in Table 1. Construction Scenario The site is currently vacant, so no demolition of existing structures are necessary. The project is anticipated to be constructed and opened to the public in approximately two years. For this analysis, the project opening day is assumed to be in the year 2020. Grading The site is relatively flat and contains sparse desert scrub. Soil balancing will be used during grading so that there will be no soil import or export. The desert scrub brush on site will be removed or buried depending on size and type. 7 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 4 Site Utilities All utilities are available for connection from the main lines located within the paved rights of way along Jefferson Street and Avenue 50. Site Ingress/Egress Development Access to the Project is proposed via five driveways (labeled A-E in Figure 3): two to the south on Avenue 50, two to the east on Jefferson Street, and one to the north on Derek Alan Drive. Table 1 Proposed Site Plan 8 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 5 Figure 1 Regional Overview 9 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 6 Figure 2 Site Location 10 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 7 Figure 3 Site Plan 11 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 8 Section 4 - Environmental Checklist Form 1. Project Title: Pavilion Palms Shopping Center 2. Lead Agency Name: City of La Quinta Address: 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person: Cheri Flores, Senior Planner City of La Quinta 8-495 Calle Tampico La Quinta, CA 92253 Phone Number: (760) 777-7000 4. Project Location: Assessor Parcel Numbers 602-180-003, 602-180-004, 602-180-005, 602-180-013, and 602-180-014 0660-081-30 Intersection of Jefferson Street and Avenue 50 5. Project Sponsor’s Lundin Development Name and Address: 16400 Pacific Coast Highway, Suite 207 Huntington Beach, CA 92649 6. General Plan Designation: General Commercial (GC) 7. Zoning: Community Commercial (CC) 8. Project Description Summary: Lundin Development, a private entity, is requesting authorization from the City of La Quinta to amend the previously approved Fairway Plaza Specific Plan by changing the name to “Pavilion Palms,” and constructing a total of 125,800 square-foot mixed-use commercial center development project on the 12- acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Amendment No. 2 would add 25,340 square feet of retail and ancillary uses to the 100,460 square feet previously approved. Proposed uses within the commercial center development include the same uses as previously approved, including banks, restaurants, gasoline service station, and grocery store (Figure 3). The site is designated and zoned for Community Commercial (CC) use. The proposed Project will be anchored by Pavilions grocery store and includes restaurants, banks, and retail units, as well as a fuel center/convenience market. The project is anticipated to be constructed and opened to the public in approximately two years. For this analysis, the project opening day is assumed to be in the year 2020. Prior approvals for this site include the Fairway Plaza Shopping Center Specific Plan and associated Amendment No. 1, which was approved by the City of La Quinta in 1999 and 2002, respectively. That plan identified the development of 100,460 square feet of a supermarket-anchored shopping center with adjacent retail pads on 12.5 acres at the corner of Jefferson Street 50th Avenue. The 1998 and 2002 12 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 9 Specific Plan adoption included adoption of a Mitigated Negative Declaration. That project was not constructed. On February 19. 2013, the City of La Quinta adopted the Environmental Impact Report (EIR) for its 2035 General Plan (SCH# 2010111094) which included the impacts of adding to commercial uses within the City, including the approved Fairway Plaza Shopping Center Specific Plan. A Statement of Overriding Considerations was also adopted for environmental impacts that could not be mitigated to a level below significance for: Air Quality, Greenhouse Gas, and Traffic (Resolution 2013-009). The Proposed Project represents Amendment No. 2 to the existing, approved Specific Plan. 9. Surrounding Land Uses and Setting The site is located on a vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store (Figure 2). The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by a large retention basin with residential development west of the retention basin, on the east by Jefferson Street and commercial development within the City of Indio, and on the south by Avenue 50 and residential development. 10. Lead Agency Discretionary Actions: Discretionary actions that may be taken by the Lead Agency include, but are not limited to, the following:  Grading Plan approval  Approval of an Amendment to SP98-034 Fairway Plaza Specific Plan (SP2017-0002)  Approval of Tentative Parcel Map 37370 (TPM2017-0003)  Approval of Site Development Permit (SDP2017-0009) 11. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): Construction Compliance – Stormwater Discharge. Construction projects that disturb 1 acre of land or more are required to obtain coverage under the NPDES General Permit for Construction Activities (General Construction Permit), which requires the applicant to file a notice of intent (NOI) to discharge stormwater and to prepare and implement a SWPPP. The SWPPP includes an overview of the Best Management Practices (BMPs) that would be implemented to prevent soil erosion and discharge of other construction-related pollutants that could contaminate nearby water resources. Federal, State and Local permits for the fuel station, as required. 12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun? Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) 13 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 10 Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. The City of La Quinta initiated AB52 process began October 3, 2017. Letters were sent to tribes on the list received from the Native American Heritage Commission. Responses were received from Cabazon Band of Mission Indians (Cabazon), Agua Caliente Band of Cahuilla Indians (ACBCI) and Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms). The Cultural Study from CRM Tech was sent to ACBCI and Twenty-Nine Palms as requested. Both ACBCI and Twenty-Nine Palms asked for approved Native American Monitors from the ACBCI and Twenty-Nine Palms to be present during ground disturbing activities of the project construction. 14 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 11 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ̀ Aesthetics . Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology & Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic Utilities / Service Systems Mandatory Findings of Significance Determination (To be completed by the Lead Agency) On the basis of this initial evaluation, the following finding is made: The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature (prepared by Jericho Systems, Inc.) Date Signature (Lead Agency, City of La Quinta) Date 3/22/2018 3/22/2018 15 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 12 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 would not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is 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 Analyses 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. d) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 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. 16 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 13 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply I. Aesthetics Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Environmental Setting La Quinta includes a mixture of building types built over various time periods, and with a variety of architectural styles. Development includes structures built in the early twentieth century, and new master- planned communities built within the last decade. Architectural styles include those typical of Spanish Colonial, Mediterranean, Contemporary, Tuscan, and Modern styles. Spanish Colonial architecture is the most prevalent style used in La Quinta, and examples include the La Quinta Resort & Spa and Old Towne in the Village (Terra Nova Planning & Research Inc., July 2012). The Project site is currently vacant. The surrounding land use designations consist primarily of residential and commercial. The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by a retention basin with residential development west of the retention basin, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store. Consistent with the approved Fairway Plaza Specific Plan, the Project, as revised, will still contain design elements consistent with the City’s design standards, including Contemporary architectural style using arched colonnades with tile roofs. Additional architectural elements such as textured finishes, roundels, accent tile and raised trellises will be used to provide further details and interest, thus further enhancing the individual buildings and the quality appearance of the shopping center in general. The landscaped setbacks along Avenue 50 and Jefferson Street will incorporate sidewalks with a variety of trees, shrubs and flowers, which accompanied by the parking lot landscaping, are designed to provide an inviting atmosphere to draw shoppers to the center. Impact Analysis a) Have a substantial adverse effect on a scenic vista? 17 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 14 Less Than Significant Impact. The CEQA Guidelines do not provide a definition of what constitutes a “scenic vista” or “scenic resource” or a reference as to from what vantage point(s) the scenic vista and/or resource, if any, should be observed. However, a scenic vista can generally be defined as a viewpoint from a public vantage that provides expansive views of a highly-valued landscape for the benefit of the general public. Common examples include undeveloped hillsides, ridgelines, and open space areas that provide a unifying visual backdrop to a developed area. Scenic resources can generally be defined as those landscape patterns and features that are visually or aesthetically pleasing and that contribute affirmatively to the definition of a distinct community or region such as trees, rock outcroppings, and historic buildings. The Project site currently consists of vacant, disturbed land. The Project site is not considered to be a scenic vista. As previously discussed, the surrounding land uses include residential and commercial use. The heights of the proposed buildings are consistent with the municipal code and other commercial areas in the vicinity, and are not considered to be obtrusive when compared to the surrounding area. Therefore, less than significant impacts would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Project is not located within a state scenic highway, and therefore, no impact to trees or rock outcroppings, or historic buildings within a state scenic highway would occur. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The Project site currently consists of vacant, disturbed land. As previously discussed, the surrounding land uses include residential and commercial uses. The height and scale of the proposed buildings are consistent with other commercial areas in the vicinity, and is not considered to be obtrusive when compared to the surrounding area. Therefore, less than significant impacts would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The City of La Quinta does not permit construction activities outside of daylight hours, so the construction associated with the proposed Project would not cause the emission of light beyond existing circumstances in that area. Within the City limits, the majority of lands are developed, and daytime and nighttime skies are already impacted to a limited extent by light and glare. The site lighting includes 14 poles for the entire 540,989 square foot lot. The lighting plan identifies the use of LED lighting placed in a manner where the light will spread out uniformly across the lot while maintaining a lower power density. Based on the photometric plans, there is almost no leakage onto off site areas. The light intensity begins to fade long before reaching anywhere outside the lot. A lighting plan and study was completed on August 21, 2017 by Innovative Design Engineers (Appendix A). The dual head pole in the southwest corner will need to be shielded to prevent spillage into the residential area. 18 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 15 Additionally, California Code of Regulations (CCR) Title 24, Parts 1 and 6 (Building Energy Efficiency Standards), establishes requirements for outdoor lighting for residential and nonresidential development. The standards regulate lighting characteristics such as maximum power and brightness, shielding, and sensor controls to turn lighting on and off. The City requires that commercial structures comply with Title 24. Therefore, less than significant impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006 No mitigation measures were identified to be associated with the previously-approved project. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): AES-1 Provide shielding for the dual head pole in the southwest corner as per the lighting design engineering recommendations. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. 19 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 16 II. Agriculture and Forestry Resources: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non-forest use? X e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? X Environmental Setting Agriculture has historically been a major economic sector in the eastern portion of the Coachella Valley, including La Quinta. Although most of the farms have within the incorporated regions of La Quinta no longer exist, agriculture is still an economic factor east of the incorporated boundary, within the proposed Sphere of Influence and beyond. (Terra Nova, July 2012). The Riverside County Important Farmland 2016 Map, developed by the California Department of Conservation, highlights areas within the Coachella Valley that are important agricultural producing lands. Prime Farmland includes areas with both good physical and chemical attributes able to sustain 20 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 17 long-term agriculture production. Unique Farmland areas produce crops of statewide importance; however contain lower quality soils than those within Prime Farmland. The site was formerly utilized for citrus grove farming, but the groves were removed in the early 1990s. The site is identified by the State of California Department of Conservation as Farmlands of Local Importance. Farmland of Local Importance are lands generally without irrigation, and which produce dry crops that may be important locally, but are not important for statewide agriculture production. The Project site is currently vacant land that is zoned for commercial uses. Impact Analysis a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less Than Significant. The site was formerly utilized for citrus grove farming, but the groves were removed in the early 1990s. The site is identified by the State of California Department of Conservation as Farmlands of Local Importance. Farmland of Local Importance are lands generally without irrigation, and which produce dry crops that may be important locally, but are not important for statewide agriculture production. The Project site is only approximately 12 acres which is not suitable for sustainable commercial crops. The City of La Quinta has designated the Site as Community Commercial for development of commercial use. Therefore, there is a less than significant impact to this criterion because while the site is designated for local importance, it is not designated as Prime Farmland, Unique Farmland or Farmland of Statewide Importance. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. There are no agricultural or Williamson Act contract lands within the Project site. Therefore, no impact would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site currently consists of vacant land, and is zoned Community Commercial (CC). The Project site does not contain forest land. Therefore, no impact would occur. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. There is no forest land in the Project area. Therefore, no impact would occur in this regard. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non- forest use? 21 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 18 No Impact. The Project Area consists of vacant, disturbed land and is zoned Community Commercial (CC). Therefore, no impacts would occur in this regard. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. 22 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 19 III. Air Quality Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X 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 (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Environmental Setting Lundin Development is proposing a 125,800 square-foot mixed-use commercial center project on approximately 12 acres. In May 1999, the City of La Quinta approved a 100,460 square-foot mixed-use commercial center Specific Plan for the 12-acre Project Site. The approval of the Specific Plan included adoption of a Mitigated Negative Declaration (MND). The City also adopted a Statement of Overriding Considerations for significant and unavoidable air quality impacts identified in the updated General Plan EIR on February 19, 2013. Therefore, the analysis herein is based on the net increase of approximately 25,340 square-feet of new uses not previously reviewed or approved in the 1999 Specific Plan and subsequent 2012 Updated General Plan. Impact Analysis – Air Quality a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant. The Project Site is located in the Salton Sea Air Basin (SSAB). The South Coast Air Quality Management District (SCAQMD) has jurisdiction over air quality issues and regulations within the SSAB. The Air Quality Management Plan (AQMP) for the basin establishes a program of rules and regulations administered by SCAQMD to obtain attainment of the state and federal air quality standards. The most recent AQMP (AQMP 2016) was adopted by the SCAQMD on March 3, 2017. The 2016 AQMP incorporates the latest scientific and technological information and planning assumptions, including the 2016 Regional Transportation Plan/Sustainable Communities Strategy and updated emission inventory methodologies for various source categories. The 2016 AQMP was adopted by the Southern California Association of Governments (SCAG) Regional Council on April 7, 2016. 23 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 20 The Proposed Project is located within the Community Commercial (CC) land use designation of the Specific Plan/General Plan. The proposed mixed-use commercial uses are allowed within the CC land use area which have been reviewed and approved within the 2012 General Plan update. Approval of the proposed revision would not require a zone change nor a General Plan Amendment. Therefore, approval of the Proposed Project would not conflict with the AQMP. Less than significant impact is anticipated. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?  Less Than Significant With Mitigation Incorporated. The Proposed Project’s construction and operational emissions (based on net the increase of approximately 25,340 square-feet of new uses) were screened using California Emissions Estimator Model (CalEEMod) version 2016.3.1 prepared by the SCAQMD (Appendix B). CalEEMod was used to estimate the on-site and off-site construction emissions. The emissions incorporate Rule 402 and 403 by default as required during construction. The criteria pollutants screened for include: reactive organic gases (ROG), nitrous oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), and particulates (PM10 and PM2.5). In addition, reactive organic gas (ROG) emissions are analyzed. Two of the analyzed pollutants, ROG and NOX, are ozone precursors. Both summer and winter season emission levels were estimated. Construction Emissions Construction emissions are considered short-term, temporary emissions and were modeled with the following construction parameters: site grading (mass and fine grading), building construction, paving, and architectural coating. The resulting emissions generated by construction of the Proposed Project are shown in Table 2 and Table 3, summer and winter construction emissions, respectively. As shown in Table 2 and Table 3, construction emissions would not exceed SCAQMD thresholds with the implementation of a 10-day painting schedule. Therefore, Mitigation Measure AIR-1 is recommended during the construction Phase: Table 2 Summer Construction Emissions Summary (Pounds per Day) Source/Phase ROG NOX CO SO2 PM10 PM2.5 Site Preparation 0.9 10.5 4.5 0.0 0.7 0.5 Grading 1.3 10.5 8.3 0.0 1.1 1.0 Building Construction 1.3 13.2 8.5 0.0 0.9 0.8 Paving 1.0 8.8 7.9 0.0 0.7 0.5 Architectural Coating 59.0 2.0 1.9 0.0 0.2 0.2 Highest Value (lbs/day) 59.0 13.2 8.5 0.0 1.1 1.0 SCAQMD Threshold 75 100 550 150 150 55 Significant No No No No No No Source: CalEEMod.2016.3.1 Summer Emissions. Phases do not overlap and represent the highest concentration. 24 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 21 Table 3 Winter Construction Emissions Summary (Pounds per Day) Source/Phase ROG NOX CO SO2 PM10 PM2.5 Site Preparation 0.9 10.5 4.5 0.0 0.7 0.5 Grading 1.3 10.5 8.3 0.0 1.1 1.0 Building Construction 1.3 13.2 8.5 0.0 0.9 0.8 Paving 1.0 8.8 7.9 0.0 0.7 0.5 Architectural Coating 59.0 2.0 1.9 0.0 0.2 0.2 Highest Value (lbs/day) 59.0 13.2 8.5 0.0 1.1 1.0 SCAQMD Threshold 75 100 550 150 150 55 Significant No No No No No No Source: CalEEMod.2016.3.1 Winter Emissions. Phases do not overlap and represent the highest concentration. Compliance with SCAQMD Rules 402, and 403 Although the Proposed Project does not exceed SCAQMD thresholds for construction emissions, the Applicant would be required to comply with all applicable SCAQMD rules and regulations as the SSAB is in non-attainment status for ozone and suspended particulates (PM10). Compliance with SCAQMD Rule 402, and 403 The Project Applicant would be required to comply with Rules 402 nuisance, and 403 fugitive dust, which require the implementation of Best Available Control Measures (BACMs) for each fugitive dust source, and the AQMP, which identifies Best Available Control Technologies (BACTs) for area sources and point sources. The BACMs and BACTs would include, but not be limited to the following: 1. The Project Proponent shall ensure that any portion of the site to be graded shall be pre-watered prior to the onset of grading activities. a. The Project Proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly (2 times daily) to ensure that a crust is formed on the ground surface and shall be watered at the end of each workday. b. The Project Proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon. c. The Project Proponent shall ensure that landscaped areas are installed as soon as o reduce the potential for wind erosion. d. The Project Proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. During construction, exhaust emissions from construction vehicles and equipment and fugitive dust generated by equipment traveling over exposed surfaces, would increase NOX and PM10 levels in the area. Although the Proposed Project does not exceed SCAQMD thresholds during construction, the Applicant/Contractor would be required to implement the following conditions as required by SCAQMD: 25 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 22 1. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of vehicle fuel. 2. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation during construction. 3. The Project Proponent shall ensure that construction personnel are informed of ride sharing and transit opportunities. 4. All buildings on the Project Site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 5. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize exhaust emissions from truck idling. 6. The operator shall comply with all existing and future California Air Resources Board (CARB) and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment. Operational Emissions The operational mobile source emissions were calculated using the Traffic Impact Analysis (TIA) prepared by Albert Grover & Associates on July 27, 2017. The TIA determined that the shopping center would generate approximately 13,328 daily trips (See Table 4 of Appendix F). Trips were broken down by land use and land use size. The TIA also included a 20-percent reduction in traffic to account for pass- by-credit. As the Proposed Project is evaluated as the Specific Plan delta of 25,340 square-feet of new uses (approximately 20 percent greater than was approved in the Specific Plan), 4,513 daily trips (approximately 34 percent of the development based on more intense uses) were modeled to represent a worst-case scenario. Emissions associated with the Proposed Project’s estimated vehicle trips were modeled and are listed in Table 3 and Table 4, summer and winter operational emissions, respectively. As shown, both summer and winter season operational emissions are below SCAQMD thresholds. Impacts are anticipated to be less than significant and no mitigation measures are required. Table 4 Summer Operational Emissions Summary (Pounds per Day) Source ROG NOX CO SO2 PM10 PM2.5 Area 0.7 0.0 0.0 0.0 0.0 0.0 Energy 0.0 0.7 0.6 0.0 0.0 0.0 Mobile 8.2 45.8 41.7 0.1 5.5 1.6 Totals (lbs/day) 8.9 46.5 42.2 0.1 5.5 1.6 SCAQMD Threshold 55 55 550 150 150 55 Significance No No No No No No Source: CalEEMod.2016.3.1 Summer Emissions. 26 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 23 Table 5 Winter Operational Emissions Summary (Pounds per Day) Source ROG NOX CO SO2 PM10 PM2.5 Area 0.7 0.0 0.0 0.0 0.0 0.0 Energy 0.0 0.7 0.0 0.0 0.0 0.0 Mobile 6.7 44.7 42.2 0.0 5.5 1.6 Totals (lbs/day) 7.4 45.4 42.2 0.0 5.5 1.6 SCAQMD Threshold 55 55 550 150 150 55 Significance No No No No No No Source: CalEEMod.2016.3.1 Winter Emissions. The Proposed Project does not exceed applicable SCAQMD regional thresholds during the short-term construction phase with the implementation of at a minimum 10-day painting schedule or operational activities and the associated impacts are considered to be less than significant with the mitigation measure incorporated. 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 (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less Than Significant. The project was previously reviewed and approved as the Fairway Plaza Shopping Center, Project 2002-06, designed to provide approximately 100,460 square feet of retail space with accommodating parking and landscaping areas The Proposed Project, revised as the Pavilion Palms Shopping Center, includes the original 100,460 square feet of retail space with accommodating parking and landscape area plus an additional 25,340 square-feet of complementary uses. The additional uses would not cumulatively generate a considerable net increase of any criteria pollutant nor violate any air quality standard during construction and operation of the Proposed Project (refer to Table 2 through Error! Reference source not found.). The site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The proposed Project represents approximately 0.22 FAR. Therefore, because the Project proposes to use less than the maximum allowed under the zoning, a less than significant impact is anticipated. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant. SCAQMD has developed a methodology to assess the localized impacts of emissions from a Proposed Project as outlined within the Final Localized Significance Threshold Methodology report; completed in June 2003 and revised in July 2008. The use of Localized Significance Thresholds (LST) is voluntary, to be implemented at the discretion of local public agencies acting as a lead agency pursuant to CEQA. Although the proposed use would not exceed SCAQMD Thresholds (Table 2 through Table 4) LSTs, including the restaurant drive-through facilities, were evaluated to further demonstrate at a local level that impacts would be less than significant. LSTs would typically only apply to projects that must undergo CEQA or the National Environmental Policy Act (NEPA) and are five acres or less. Although the Proposed Project calls for 5.78 acres of net development, LST methodology will be incorporated to represent worst-case scenario emissions thresholds. CalEEMod version 2016.3.1 was used to estimate the on-site and off-site construction emissions. The LSTs were developed to analyze the significance of potential air quality impacts of proposed projects to sensitive receptors (i.e. schools, single family residences, etc.) and provides screening tables for small projects (one, two, or five acres). Projects are evaluated based on geographic location and distance from the sensitive receptor (25, 50, 100, 200, or 500 meters form the site). 27 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 24 For the purposes of a CEQA analysis, the SCAQMD considers a sensitive receptor to be a receptor such as residence, hospital, convalescent facility or anywhere that it is possible for an individual to remain for 24 hours. Additionally, schools, playgrounds, child care centers, and athletic facilities can also be considered as sensitive receptors. Commercial and industrial facilities are not included in the definition of sensitive receptor because employees do not typically remain on-site for a full 24 hours, but are usually present for shorter periods of time, such as eight hours. The Proposed Project includes approximately 12 acres of development. The “5 acres scenario” was used to represent a worst-case scenario as the larger the site the greater the emission allowance. The Project Site is located at the intersection of Jefferson Street and Avenue 50 and is bordered to the north by Derek Alan Drive and residential development, to the west by Jess Anne Drive and residential development, to the east by Jefferson Street and commercial development, and to the south by Avenue 50 and residential development. The nearest sensitive receptor land uses are the residential developments located adjacent to the north, west, and south boundary of the Project Site and therefore LSTs are based on a 25-meter distance. A comparison of the construction and operational emissions with the appropriate LST, per distance from the Project Site boundary (geographical area of Source Receptor Area (SRA) No. 30 – Coachella Valley; 5-acre site) according to the SCAQMD Mass Rate Look-up Tables, are listed in Table 6. Table 6 Localized Significance Thresholds (Pounds per Day) NOx CO PM10 PM2.5 Construction Emissions (Max. from Table 2 and/or Table 3) 13.2 8.5 1.1 1.0 Operational Emissions (Max. Total from Table 4 and/or Table 5)1 4.6 4.2 0.6 0.6 Highest Value (lbs/day) 13.2 8.5 1.1 0.6 1.0 0.6 LST Thresholds 132 2,292 14* 4† 8* 2† Greater Than Threshold No No No No No No Note: PM10 and PM2.5 emissions are separated into construction and operational thresholds in accordance with the SCAQMD Mass Rate LST Look-up Tables. * Construction emissions LST threshold † Operational emissions LST threshold 1 Per LST Methodology, mobile source emissions do not need to be included except for land use emissions and on-site vehicle emissions. It is estimated that approximately 10% of mobile emissions will occur on the Project Site. Source: CalEEMod.2016.3.1 Summer & Winter Emissions; SCAQMD Final Localized Significance Threshold Methodology; SCAQMD Mass Rate Look-up Tables for 5-acre site in SRA No. 30, distance of 25 meters. As shown in Table 6, the Proposed Project’s emissions are not anticipated to exceed the LSTs. Therefore, the Proposed Project is not anticipated to expose sensitive receptors to substantial pollutant concentrations. Less than significant impact is anticipated and no mitigation measures are required. e) Create objectionable odors affecting a substantial number of people? Less than Significant. The Proposed Project does not contain land uses typically associated with the emission of objectionable odors. Potential odor sources associated with the Proposed Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities; and the temporary storage of domestic solid waste (refuse) associated with the Projects’ long- term operational uses. Standard construction requirements would minimize odor impacts resulting from construction activity. Any construction odor emissions generated would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of 28 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 25 construction activity. It is expected that Project-generated refuse would be stored in covered containers and removed at regular intervals in compliance with the City of La Quinta’s solid waste regulations. The Project would be also required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances. Therefore, odors associated with the Proposed Project construction and operations would be less than significant and no mitigation measures are required. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006:  All construction equipment shall be maintained in good operating condition, and shall be properly serviced and repaired as needed. ꞏ  Prior to the issuance of the first grading permit, the project proponent shall demonstrate, or cause to be demonstrated to the Community Development Department that all construction equipment to be utilized shall be low emission, or how the use of low emission construction equipment is infeasible.  Low VOC paints, primers and coatings shall be required for all buildings on the project site. All paints shall be applied using either a high volume/low pressure spray or by hand.  The proposed project shall provide a bus turnout, shelter and associated improvements on Jefferson Street and on Avenue 50, unless Sunline Transit provides written confirmation-that no such turnout(s) or shelters are needed.  As required by the Municipal Code, the businesses operating within the proposed project shall conform to the Transportation Demand Management requirements in place at the time they begin operation.  Deliveries to the project site shall occur during off-peak periods. Mitigation Measures: AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. 29 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 26 IV. Biological Resources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Environmental Setting The subject parcel is mapped on the U.S. Geological Survey (USGS) – La Quinta, 7.5-Minute Series Topographic Quadrangle Map near the southern boundary of Section 32, Township 6 South, Range 7 East, San Bernardino Base and Meridian. The elevation of the center of the project site is 34 feet above mean sea level (amsl). The existing topography of this site is relatively flat. The soils within the subject parcel consist of Myoma fine sand, 0 to 5 percent slopes and Myoma fine sand, 5 to 15 percent slopes. This soil type consists of wind-blown sandy alluvium and is somewhat excessively drained. The local climatic conditions in the project area are characterized by hot summers, mild winters, infrequent rainfall, and low humidity. The average annual temperature ranges from an average low of 41 degrees Fahrenheit (° F) in December to an average high of 107° F in July-August. The rainy season begins in November and continues through March, with the quantity and frequency of rain varying from year to year. The average annual rainfall is approximately 3.15 inches. 30 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 27 Biological Surveys Jericho Systems, Inc. (Jericho) prepared a General Biological Resources Assessment and Coachella Valley Multiple Species Habitat Conservation Plan Consistency Review in May 2017 (Jericho, May 23, 2017). The City of La Quinta falls entirely within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) area. The subject parcel is not located within or adjacent a Conservation Area. The CVMSHCP requires a habitat assessment for the burrowing owl (BUOW). If habitat for the BUOW is present, a focused survey is required. Several sensitive species have been documented within the vicinity of the subject parcel, including the State- and/or federally-listed as threatened or endangered flat-tailed horned lizard (Phrynosoma mcallii), Coachella Valley milk-vetch (Astragalus lentiginosus var. coachellae) and Coachella Valley fringe-toed lizard (Uma inornata), as well as burrowing owl (Athene cunicularia), which is considered a Species of Special Concern by the California Department of Fish and Wildlife (CDFW). On May 7, 2017, Jericho Biologist Eugene Jennings conducted a systematic and comprehensive pedestrian survey on site to assess the habitat suitability for burrowing owl to satisfy the requirements set forth in the CVMSHCP and to determine if focused presence/absence surveys for any of the species would be required. The habitat assessment included a 100 percent coverage pedestrian field survey, and adherence to the MSHCP Burrowing Owl California Department of Fish and Wildlife (CDFW) survey protocols. Surveys were conducted during optimal burrowing owl activity times, consistent with conservation ethics, systematic and covered all habitat types on the site, and during a good rainfall year. Survey Results The biological survey report (Jericho, May 23, 2017) indicated that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. The project site is completely disturbed, consisting entirely of previously graded soils with sparse weedy vegetation and re-sprouted creosote bush scrub (Larrea tridentata Shrubland Alliance) associated species. Plant species observed on site include creosote, as well as ruderal and non-native species including, Russian thistle (Salsola tragus) and saltcedar (Tamarix ramosissima). No suitable BUOW habitat was identified on site during the burrowing owl habitat assessment survey. Therefore, no additional protocol-level focused surveys will be required. No other listed or sensitive species or sensitive habitat were observed on the site. The subject parcel does not contain suitable habitat for any of the sensitive species that have been documented in the project vicinity. There were no stream channels, washes, or swales as defined by Section 1600 of the State of California Fish and Game Code (FGC) under jurisdiction of the CDFW, or “Waters of the United States” (WoUS) as defined by Section 404 of the Clean Water Act (CWA) under the jurisdiction of the U.S. Army Corps of Engineers (Corps) within the subject parcel. 31 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 28 Impact Analysis a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant. Several sensitive species have been documented within the vicinity of the subject parcel, including the State- and/or federally-listed as threatened or endangered flat-tailed horned lizard (Phrynosoma mcallii), Coachella Valley milk-vetch (Astragalus lentiginosus var. coachellae) and Coachella Valley fringe-toed lizard (Uma inornata), as well as burrowing owl (Athene cunicularia), which is considered a Species of Special Concern by the California Department of Fish and Wildlife (CDFW). The biological survey results identified that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. No suitable BUOW habitat was identified on site during the burrowing owl habitat assessment survey; therefore, no additional protocol-level focused surveys are required. No other listed or sensitive species or sensitive habitat were observed on the site. The subject parcel does not contain suitable habitat for any of the sensitive species that have been documented in the project vicinity. Therefore, there is a less than significant impact. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. Riparian communities occur along stream courses and drainages, and are floristically and structurally distinct from the adjacent upland communities. The biological survey results identified that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. There were no stream channels, washes, or swales as defined by Section 1600 of the FGC under jurisdiction of the CDFW, or WoUS as defined by Section 404 of the CWA under the jurisdiction of the Corps within the subject parcel. The Project site is completely disturbed and barren with no hydrological process on site. There are no natural streams or drainages that traverse the Project site. The lack of hydrology on site makes it non-suitable for riparian habitat. No adverse impacts to riparian or sensitive natural habitat would occur. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The biological survey results identified that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. There were no stream channels, washes, or swales as defined by Section 1600 of the FGC under jurisdiction of the CDFW, or WoUS as defined by Section 404 of the CWA under the jurisdiction of the Corps within the subject parcel. The Project site is completely disturbed and barren with no hydrological process on site. There are no natural streams or drainages that traverse the Project site. The lack of hydrology on site makes it non-suitable for riparian habitat. Therefore, there is no impacts because no wetlands occur on site, nor are there fluvial processes where wetlands would be present. 32 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 29 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant With Mitigation Incorporated. The Project site is surrounded by urban development. Additionally, the Project site itself is fully disturbed with no ability to provide movement of fish or wildlife species. Additionally, no known wildlife corridors are identified within the Project site or the immediate vicinity. No adverse impacts to wildlife movement would occur. However, the project site contains sparse weedy vegetation and re-sprouted creosote bush scrub (Larrea tridentata Shrubland Alliance) associated species, as well as ruderal and non-native species including, Russian thistle (Salsola tragus) and saltcedar (Tamarix ramosissima), which represents potential foraging and nesting habitat for migratory bird species. The impacts for these bird species however, are not considered regionally or locally significant but the State of California prohibits the “take” of active bird nests. To avoid an illegal take of active bird nests, Mitigation Measure BIO-1 is required to reduce impacts to less than significant. Mitigation measure BIO-1 is located at the end of this section. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. As biological resources, including threatened resources and habitat that could support such species, are not present on or near the Project site, no policies or ordinances protecting such resources would apply. This includes tree preservation policies. Therefore, there are no conflicts with local policies or ordinances. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant. The City of La Quinta falls entirely within the CVMSHCP area. The subject parcel is not located within or adjacent to a Conservation Area. The CVMSHCP requires a habitat assessment for the BUOW which requires focused surveys if present. Several sensitive species have been documented within the vicinity of the subject parcel, including the State- and/or federally-listed as threatened or endangered flat-tailed horned lizard (Phrynosoma mcallii), Coachella Valley milk-vetch (Astragalus lentiginosus var. coachellae) and Coachella Valley fringe-toed lizard (Uma inornata), as well as burrowing owl (Athene cunicularia), which is considered a Species of Special Concern by the California Department of Fish and Wildlife (CDFW). However, site surveys for the BUOW indicated that there is no suitable habitat for the BUOW or any sensitive species documented within the vicinity. Therefore, there are no conflicts with any adopted conservation plan. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. 33 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 30 Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): BIO – 1: Any grubbing, brushing or tree removal should be conducted outside of the State identified nesting season for migratory birds, which is typically March 15 through September 1. If work cannot be conducted outside of nesting season, a migratory nesting bird survey within and adjacent to the project site shall be conducted by a qualified biologist within three (3) days prior to initiating the construction activities. If active nests are found during the pre-construction nesting bird surveys, a Nesting Bird Plan (NBP) will be prepared and implemented. At a minimum, the NBP will include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The NBP will include a copy of maps showing the location of all nests and an appropriate buffer zone around each nest sufficient to protect the nest from direct and indirect impact. The size and location of all buffer zones, if required, shall be determined by the biologist, and shall be based on the nesting species, its sensitivity to disturbance, and expected types of disturbance. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist has determined the young birds have successfully fledged and a monitoring report has been submitted, reviewed and approved by the City of La Quinta. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. 34 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 31 V. Cultural Resources: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? X c) Directly or indirectly destroy a unique paleon- tological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X e) Cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074? X Environmental Setting The Coachella Valley is a historical center of Native American settlement where a large number of Indian villages and rancherias were observed in the mid-nineteenth century. The Cahuilla people are generally divided, by anthropologists, into three groups, according to their geographic setting: the Pass Cahuilla in the Banning-Beaumont area, the Mountain Cahuilla in the San Jacinto and Santa Rosa Mountains and the Cahuilla Valley, and the Desert Cahuilla in the Coachella Valley. The Cahuilla did not have a single name that referred to an all-inclusive tribal affiliation. Membership was in terms of lineages or clans. Individual clans had villages, or central places, and territories they called their own. These were lands they considered theirs for purposes of hunting game, gathering food, or utilizing other necessary resources in the forms of trade, intermarriage, and ceremonies. Cultural Surveys CRM Tech prepared two studies for the Project site. The first consisted of Phase I and Phase II cultural assessments conducted in 1998 and 1995 for approximate 50 acres of undeveloped land as part of Tentative Parcel Map No. 29052 and Tentative Tract Map No. 29053, which included a residential development and the current commercial Project site. The study was part of the environmental impact review process for the proposed subdivision and development of the property, as required by the City of La Quinta, Lead Agency for the project, in compliance with the California Environmental Quality Act (CEQA; PRC §21000, et seq.). The second study was conducted in June 2017 and consisted of a historical/archaeological resources records search, historical background review, and an archaeological field inspection of the approximately 12-acre Project site (CRM Tech, June 5, 2017). The Phase I survey in 1998 identified and recorded a total of seven prehistoric - i.e., Native American - archaeological sites, three of which were located within or partially within the current project area (CRM Tech, June 5, 2017). All three of these sites represented prehistoric habitation remains featuring surface 35 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 32 scatters of lithic and ceramic artifacts. The presence of these sites, along with the previous discovery of a dense cluster of similar sites in the surrounding area, which lies on the former shoreline of Holocene Lake Cahuilla, prompted the subsequent Phase II archaeological testing and evaluation program. The Phase II study entailed surface collection of all artifacts and excavation of 13 standard hand-dug, one-square-meter archaeological testing units to the depth of one meter at the three sites and within a modified mesquite sand dune near one of the sites. In addition to CRM TECH staff archaeologists, the field crew included three Native Americans affiliated with the nearby Torres Martinez Desert Cahuilla Indians. A total of 106 artifacts were recovered through surface collection, but the test units indicated “an almost complete absence” of subsurface cultural material. Only three pottery sherds and two flakes of chipped quartz were produced from the 13 excavated units. In light of these findings, none of the three sites was found to meet CEQA criteria for significance (CRM Tech, June 5, 2017). The Phase II study concluded that the proposed development of the subject property would not cause a substantial adverse change to any historical resources or important archaeological resources, but recommended archaeological monitoring of earth-moving activities in the area of the modified dune. The artifact collection and catalogue have since been curated at the La Quinta Historical Society. Records Search A standard one-mile-radius records search was conducted on May 17, 2017, by CRM TECH. The records indicated that no further archaeological studies have occurred in the project area since 1998, and no additional sites have been identified on the property. In 2006, the project area was included in a citywide survey focusing on built-environment resources of historical origin, but none was found in or near the project area. Outside the project area but within the one-mile scope, historical records identified that more than 70 previous cultural resources studies have been completed on various tracts of land and linear features, 49 of them since 1998. Collectively, these studies covered roughly 85 percent of the land within the scope of the records, and resulted in the identification of 93 historical/archaeological sites and 21 isolates - i.e., localities with fewer than three artifacts - within the one-mile radius. Nearly all of these sites and isolates were of prehistoric origin, and most were found along or near the ancient shoreline of Lake Cahuilla. None of these sites or isolates was found in the immediate vicinity of the Project area, but their presence certainly supports the high archaeological sensitivity assessment for the project vicinity. Field Inspection On May 15, 2017, CRM TECH archeologist Daniel Ballester, M.S., carried out the field inspection by walking a series of parallel north-south transects spaced 30 meters (approximately 100 feet) apart. Survey Results In 1998, the project area was noted as former agricultural land that had been cleared of its groves, with a rectangular-shaped mound, representing the modified dune, near Avenue 50. The 2017 report noted that the since the 1998 report, the project area has undergone additional disturbance from the installation of underground sewage pipes, as evidenced by several man holes across the property. The mound has been removed, and a 110 foot x 110 foot earthen pad has been created near the center of the property since July 2016 (Google Earth 2016). Furthermore, the ground surface bears evidence of recent mechanical clearing. 36 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 33 No archaeological features or artifacts, either prehistoric or historical, were encountered during the field inspection. The 2017 survey concluded that the original conclusion of the 1998 Phase II study - that the proposed development would have No Impact on any known “historical resources,” as defined by CEQA - remains valid and appropriate for the current Project. Nevertheless, in light of past discoveries in the vicinity, the overall archaeological sensitivity of the project location remains high, and the potential of encountering subsurface prehistoric cultural remains within the project boundaries cannot be overlooked (CRM Tech, June 5, 2017). Paleontological Resources The San Bernardino County Museum performed a Paleontology Literature/Records Review on May 2, 2017 for the subject parcel (Appendix D). The report identified that although there were no recorded paleontological resource localities are present within the project area, or within 1 mile of the project, paleontological resources have been identified on sites within approximately 1.5 miles of the proposed Project site. Additionally, the Riverside County’s Paleontological Resource Sensitivity Map (RCPTSM) identifies that the Project site is located on sedimentary rocks that have a high paleontological sensitivity. The City’s General Plan EIR also identifies the Project area as one with High Paleontological Sensitivity (Terra Nova Planning & Research Inc., July 2012). Impact Analysis – Cultural Resources a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? No Impact: Historic resources generally consist of buildings, structures, improvements, and remnants associated with a significant historic even or person(s) and/or have a historically significant style, design, or achievement. Damaging or demolition of historic resources is typically considered to be a significant impact. Impacts to historic resources can occur through direct impacts, such as destruction or removal, and indirect impacts, such as a change in the setting of a historic resource. Implementation of the proposed Project would not cause a substantial adverse change in the significance of a historical resource as defined in 15064.5. According to the records search conducted for this site, no resources that are considered historically significant exist on site. Therefore, no adverse impacts to historic resources would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? Less Than Significant with Mitigation Incorporated: Archaeological sites are locations that contain resources associated with former human activities, and may contain such resources as human skeletal remains, waste from tool manufacture, tool concentrations, and/or discoloration or accumulation of soil or food remains. The Phase I and Phase II study results indicated that there would be no impact. However, the survey identified that because there have been past discoveries in the vicinity, the overall archaeological sensitivity of the project location remains high, and the potential of encountering subsurface prehistoric cultural remains within the project boundaries is a potential. 37 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 34 Therefore, adverse impacts to archaeological resources would be less than significant. However, Mitigation Measure CUL-1 will be implemented to address unanticipated discoveries of cultural resources. Mitigation Measures are listed at the end of this section. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant with Mitigation Incorporated: Implementation of the proposed Project could cause a substantial adverse change in the significance of a paleontological resource as defined in 15064.5 since it is located in an area of High Paleontological Sensitivity. It is not anticipated that proposed excavations to support the proposed Project will encounter native material that could impact paleontological resources. However, Mitigation Measure CUL-2 will be implemented to address unanticipated discoveries of paleontological resources. Mitigation Measures are listed at the end of this section. d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant with Mitigation Incorporated: Implementation of the proposed Project would not disturb any human remains, including those interred outside of formal cemeteries. Should human remains be found during construction, Mitigation Measure CUL-3 would reduce any potential impacts to a level of less than significant. Mitigation Measures are listed at the end of this section. e) Cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074? Less Than Significant with Mitigation Incorporated. Although the Project site is located in an area that has been home to Native American tribes for centuries, the Project site is not anticipated to contain tribal cultural resources. However, Mitigation Measure CUL-1 and CUL-3 will be implemented to address unanticipated discoveries of cultural resources. Mitigation measures are listed at the end of this section. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): CUL-1: Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered:  The Archaeological monitor shall notify the project foreman  The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated  All work in the vicinity of the find shall halt  Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist 38 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 35 CUL-2: Grading activities shall be overseen by a qualified paleontological monitor. Paleontological monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors will be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring will be reduced if the potentially fossiliferous units as described by the San Bernardino County Museum, Division of Earth Sciences May 2, 2017 report are not present, or if present are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. CUL-3: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measures. 39 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 36 VI. Geology and Soils Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X  Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.  Strong seismic ground shaking?  Seismic-related ground failure, including liquefaction?  Landslides? b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Environmental Setting A geotechnical report was prepared for the site in 1998, and updated in 2017 (Landmark Geo-Engineers and Geologists, August 25, 2017). The project site is at the northern portion of the Salton Trough physiographic province. The Salton Trough is a geologic structural depression resulting from large scale regional faulting. The trough is bounded on the northeast by the San Andreas Fault and the southwest by faults of the San Jacinto Fault Zone. The Salton Trough represents the northward extension of the Gulf of California with continual in- filling with both marine and non-marine sediments since the Miocene Epoch (Southland Geotechnical, November 5, 1998). 40 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 37 Earthquake Faults A review of the current Alquist-Priolo Earthquake Fault Zone maps indicate that the nearest mapped Earthquake Fault Zone is the San Andreas-Coachella fault, located approximately 6.1 mile northeast of the project site (Landmark Geo-Engineers and Geologists, August 25, 2017). Soils and Liquefaction Liquefaction occurs when a saturated or partially saturated soil substantially loses strength and stiffness in response to an applied stress, usually earthquake shaking or other sudden change in stress condition, causing it to behave like a liquid. Groundwater was encountered at 40 feet deep during exploration efforts in 1998. Groundwater was not encountered in 2017 sampling efforts which consisted of trench excavation to a depth of between 5 and 12 feet. Groundwater is believed to exist at a depth of 70 ft based on water level in nearby water wells in 1978 as reported in USGS Water Resources Report 91-4142 (Southland Geotechnical, November 5, 1998 and Landmark Geo-Engineers and Geologists, August 25, 2017). The field exploration conducted from October 29 to November 5, 1998 indicates that the surficial and subsurface soils consist generally medium dense Silty Sand, Sandy Silt, and fine Sand (SM, ML, and SP- SM). Layers of Sandy Silt to Silt (ML) exist at depths greater than 4 feet. The upper surficial soils has varying concentrations of wood branches and roots from the old citrus grove. (Southland Geotechnical, November 5, 1998). Landslides The site and the surroundings are flat, and there are no mountainous or hillside areas adjacent to the site. Wind Erosion Much of the Valley are in La Quinta is susceptible to wind and wind-blown sand hazards. This means that soils may be loosened and transported during grading and construction activities. According to the City of La Quinta’s General Plan, the project site’s Wind Erodibility Rating is “High.” Impact Analysis – Geology and Soils a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic related ground failure, including liquefaction? • Landslides? Less Than Significant. The Project site lies within a seismically active region of Southern California. According to Alquist-Priolo Earthquake Fault Zone maps, the Project site is not located in an Alquist- Priolo Special Study Zone nor is the Project site or its immediate vicinity situated above any active faults. To minimize potential damage to the proposed access road and rock placement caused by groundshaking, 41 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 38 all construction would comply with the latest Uniform Building Code and any applicable criteria set forth by the City, and would not expose people or structures to potential adverse effects, including the risk of loss, injury, or death involving the rupture of known earthquake faults. Impacts associated with the rupture of a known earthquake fault are considered less than significant. Liquefaction occurs primarily in saturated, loose, fine to medium-grained soils in areas where the ground water table is 50 feet or less below the ground surface. When these sediments are shaken, such as during an earthquake, a sudden increase in pore water pressure causes the soils to lose strength and behave as a liquid. The resulting features are called sand boils, sand blows or "sand volcanoes." Liquefaction-related effects include loss of bearing strength, ground oscillations and lateral spreading. According to the analysis conducted for the 1998 and 2002 Fairway Specific Plan approvals, the proposed project occur in a Zone Ill groundshaking zone, approximately one quarter mile east of an inferred and inactive fault. The project site can expect to experience significant groundshaking in the event of a major earthquake in the Coachella Valley. In order to mitigate the potential impacts of groundshaking on buildings throughout the City, the Building Department has implemented the Uniform Building Code, as amended, which requires reinforced construction in groundshaking zones. The Project site does not occur in an area prone to liquefaction, and its distance from an active fault makes ground rupture unlikely (Landmark, August 25, 2017). The Project will be required to meet the City’s Building standards, thereby reducing the potential impact from groundshaking hazards to a less than significant level (Warner Engineering, February 19, 2002). b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant with Mitigation Incorporated. Minor soil erosion may occur during the grading and construction period of the new buildings. The project site occurs within the City's blowsand hazard area where soils at the Project site have a high potential for wind erosion. Implementation of Mitigation Measures GEO-1 and GEO-2 will reduce the impacts to less than significant. Mitigation measures are listed at the end of this section. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant. Unstable soils that can result in a landslide, lateral spreading, subsidence, liquefaction or collapse generally occurs in when shallow groundwater liquefies soil especially during a seismic event. The Project site is generally flat and fully graded. The geotechnical reports prepared for the Project identify that liquefaction is unlikely due to groundwater being greater than 50 feet (Landmark, August 25, 2017). Therefore, the risk of soil instability is low. Impacts would be less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant. Expansive soil is typically clay or a soil type that is prone to large volume changes (swelling and shrinking) that are directly related to changes in water content. The geotechnical report indicates that the surficial and subsurface soils consist generally medium dense Silty Sand, Sandy Silt, and fine Sand (SM, ML, and SP-SM). Layers of Sandy Silt to Silt (ML) exist at depths greater than 4 feet. The upper surficial soils had varying concentrations of wood branches and roots from the old citrus grove. 42 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 39 In arid climatic regions, granular soils have a potential to collapse upon wetting. Collapse potential tests performed in 1998 indicate a potential of 3.1 and 1.6 percent collapse upon inundation and are considered a moderate site risk. The Project will be constructed using the latest engineering and construction practices which include developing the building foundations in a manner that includes overexcavation and recompaction of the zone beneath the building pads to mitigate for the potential of hydroconsolidation caused by soil saturation from landscape irrigation or broken utility lines by overexcavation and recompaction of the zone beneath building pads. Therefore, the impact is less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The Project does not include the use of septic systems. Thus, no impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): GEO-1 Prior to grading plan approval, submit for review and approval by the City Engineer, a PMl0 management plan. GEO-2 For portions of the site not immediately under construction, ensure the stabilization of soils through the use of soil cement or re-vegetation, frequent watering. including watering during the evening and weekends during significant wind events; street sweeping or washing during construction, and the chemical stabilization of unpaved construction roadways. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measures. 43 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 40 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply VII. Greenhouse Gas Emissions: Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Background Lundin Development is proposing a 125,800 square-foot mixed-use commercial center project on approximately 12 acres. In May 1999, the City of La Quinta approved a 100,460 square-foot mixed-use commercial center Specific Plan for the 12-acre Project Site. The approval of the Specific Plan included adoption of a Mitigated Negative Declaration (MND). The City also adopted a Statement of Overriding Considerations for significant and unavoidable air quality impacts identified in the updated General Plan EIR on February 19, 2013. Therefore, the analysis herein is based on the net increase of approximately 25,340 square-feet of new uses not previously reviewed or approved in the 1999 Specific Plan and subsequent 2012 Updated General Plan. CEQA and Greenhouse Gases According to CEQA Guidelines Section 15064.4, when making a determination of the significance of greenhouse gas emissions, the “lead agency shall have discretion to determine, in the context of a particular project, whether to (1) use a model or methodology to quantify greenhouse gas emissions resulting from a project, and which model or methodology to use.” In addition, CEQA Guidelines section 15064.7(c) provides that “a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies or recommended by experts” on the condition that “the decision of the lead agency to adopt such thresholds is supported by substantial evidence.” The Proposed Project is located within the City of La Quinta. The City of La Quinta adopted a Greenhouse Gas Reduction Plan (Plan) on February 13th, 2013. The Plan provides reduction strategies and reduction measures that can reduce greenhouse gas emissions at their source and at the end use by improving operating efficiency, increasing reliance on renewable source for energy production, developing new technologies, and through conservation. These reduction measures are listed in Table 28 of the Plan and can be implemented as needed during the design phase. However, the City does not have their own thresholds of significance for greenhouse gas emissions. The City finds persuasive and reasonable the approach to determining significance of greenhouse gas emissions established by SCAQMD. Impact Analysis a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 44 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 41 Less Than Significant. The Proposed Project is located within the Community Commercial (CC) land use designation of the Specific Plan/General Plan. The proposed mixed-use commercial uses are allowed within the CC land use area which have been reviewed and approved within the 2012 General Plan update. The project was previously reviewed and approved as the Fairway Plaza Shopping Center, Project 2002-06. Subsequently, a Statement of Overriding Considerations for significant and unavoidable air quality and Greenhouse Gas impacts identified in the updated General Plan EIR on February 19, 2013 was adopted. Approval of the proposed revision would not require a zone change nor a General Plan Amendment. Therefore, the delta was reviewed. Emissions were estimated using the CalEEMod version 2016.3.1 (Appendix B). The analysis prepared for the Proposed Project assumed the construction of an additional 25,340 square-feet of mixed-use commercial uses on the 12-acre Project Site. Construction was anticipated to begin approximately early- 2018 and be completed in late-2018. Other parameters which were used to estimate construction emissions such as the worker and vendor trips and trip lengths were based on the CalEEMod defaults. The TIA determined that the Proposed Project would generate approximately 13,328 daily trips. Trips were broken down by land use type and land use size. The TIA also included a 20-percent reduction in traffic to account for pass-by-credit. As the Proposed Project is evaluated as the Specific Plan delta of 25,340 square-feet of new uses (approximately 20 percent greater than was approved in the Specific Plan), 4,513 daily trips (approximately 34 percent of the development based on more intense uses) were modeled to represent a worst-case scenario. Additionally, the site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The proposed Project represents approximately 0.22 FAR. Therefore, because the Project proposes to use less than the maximum allowed under the zoning, a less than significant impact is anticipated. Many gases make up the group of pollutants that are believed to contribute to global climate change. However, three gases are currently evaluated and represent the highest concentration of GHG: Carbon dioxide (CO2), Methane (CH4), and Nitrous oxide (N2O). SCAQMD provides guidance methods and/or Emission Factors that are used for evaluating a project’s emissions in relation to the thresholds. A threshold of 3,000 MTCO2E per year has been adopted by SCAQMD for non-industrial type projects as potentially significant or global warming (Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, SCAQMD, October 2008). The modeled emissions anticipated from the Proposed Project compared to the SCAQMD thresholds are shown below in Table 7 and Table 8. Table 7 Greenhouse Gas Construction Emissions (Metric Tons per Year) Source/Phase CO2 CH4 N20 Site Preparation 0.5 0.0 0.0 Grading 1.1 0.0 0.0 Building Construction 45 0.0 0.0 Paving 2.5 0.0 0.0 Architectural Coating 1.3 0.0 0.0 Total MTCO2e 47.3 SCAQMD Threshold 3,000 Significant NO Source: CalEEMod.2016.3.1 Annual Emissions. 45 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 42 Table 8 Greenhouse Gas Operational Emissions (Metric Tons per Year) Source/Phase CO2 CH4 N20 Area 0.0 0.0 0.0 Energy 373.9 0.0 0.0 Mobile 2,045.3 0.3 0.0 Waste 23.7 1.4 0.0 Water 20.1 0.1 0.0 MTCO2e 2,510.5 SCAQMD Threshold 3,000 Significant NO Source: CalEEMod.2016.3.1 Annual Emissions. As shown in Table 7 and Table 8, the Proposed Project’s emissions would not exceed the SCAQMD’s 3,000 MTCO2e threshold of significance and therefore would have less than significant impact for greenhouse gas emissions; no mitigation measures are required. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant. There are no existing GHG plans, policies, or regulations that have been adopted by CARB or SCAQMD that would apply to this type of emissions source. However, the operator shall comply with CARB and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment. It is possible that CARB may develop performance standards for Project-related activities prior to construction of the Proposed Project. In this event, these performance standards would be implemented and adhered to, and there would be no conflict with any applicable plan, policy, or regulation. The City of La Quinta adopted a Greenhouse Gas Reduction Plan (Plan) on February 13th, 2013. The Plan provides reduction strategies and reduction measures that can reduce greenhouse gas emissions at their source and at the end use by improving operating efficiency, increasing reliance on renewable sources for energy production, developing new technologies, and through conservation. During the development review process the City would implement as feasible necessary development upgrades to further reduce GHG footprint. Therefore, impacts would be less than significant and no mitigation would be required. The Proposed Project is consistent with CARB scoping measures and therefore does not conflict with local or regional greenhouse gas plans. Additionally, the City of La Quinta requires all new development to comply with the California Title 24 Building Energy Efficiency Standards which are designed to ensure new and existing buildings achieve energy efficiency and preserve outdoor and indoor environmental quality. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): 46 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 43 No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. 47 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 44 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply VIII. Hazards and Hazardous Materials Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X 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? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Environmental Setting The Project site has historically been vacant. The general area surrounding the Project site consists of residential and commercial uses. Impact Analysis a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 48 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 45 Less Than Significant With Mitigation Incorporated. Hazardous substances and wastes would be used during construction of the new building. These would include fuels for machinery and vehicles, new and used motor oils, and storage containers and applicators containing such materials. The potential exists for localized spills of petroleum-based products or other chemicals during construction. These spills could expose construction workers and the public to hazardous materials either directly, at the site of the spill, or indirectly, by introducing these substances into stormwater runoff. All development requiring ground disturbance would be subject to regional and local regulations, including the need for an SWPPP under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Construction General Permit) (Order No. 2009-0009-DWQ, NPDES No. CAR000002). In addition, the City requires a grading permit for all developments that would require grading. Compliance with SWRCB‘s General Construction Activity Stormwater Permit regulations requiring a SWPPP, and the grading permit required by the City would ensure hazardous materials generated during construction would not create a significant impact. Additionally, construction is anticipated be temporary, therefore any potential impacts would have a limited and temporary timeframe to occur. Potential impacts would be less than significant with implementation of Mitigation Measures HAZ-1 and HAZ-2. Mitigation Measures are listed at the end of this section. The site plan also proposes a convenience fuel station which will receive routine fuel deliveries as needed. The station would be regulated and permitted by all federal and state regulations. Therefore, the regulatory permits, coupled with the implementation of Mitigation Measures HAZ-1 and HAZ-2, will reduce the impacts to less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant With Mitigation Incorporated. Additionally, as discussed in Response VII(a), a variety of hazardous substances would be used and stored during construction of the proposed Project. Accidental spills, leaks, fires, or explosions involving hazardous materials represent a potential threat to human health and the environment if not properly addressed. As proposed in Mitigation Measure HAZ- 1, a hazardous substance spill prevention plan shall be prepared and implemented, and hazardous materials spill kits shall be maintained on site for small spills. The implementation of BMPs, such as having spill kits available on equipment, would minimize the potential effect of such occurrences. Mitigation Measure HAZ-1 would reduce impacts to less than significant with implementation of mitigation. Mitigation Measures are listed at the end of this section. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. There is no existing or proposed school within one-quarter mile of the Project site. There- fore, there is no impact. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The proposed Project is not located on a site which is included on a list of hazardous materials sites, and as a result would not create a significant hazard to the public or environment and there would be no impact. 49 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 46 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. There are several airports in the vicinity, but none are located within two miles of the Project site. These airports include: the Bermuda Dunes Airport, located south of Interstate and West of Jefferson Street in Bermuda Dunes, and the Jacqueline Cochran Regional Airport, a public airport located east of Harrison Street and between Airport Boulevard on the north and Avenue 60 on the south. The Bermuda Dunes Airport is approximately 4 miles north of the Project site, and the Jacqueline Cochran Regional Airport is located approximately 7 miles southeasterly of the Project site. Therefore, there is no impact. 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? No Impact. There are no private airstrips in vicinity the Project area. Therefore, there is no impact. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The project site is currently vacant, and does not include facilities for emergency response. Additionally, no part of the Project design would impede or redirect emergency response within the area. The site provides for ingress and egress that can be used for emergency response to the various businesses proposed. Therefore, there is no impact. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The Project site is located in an area that consists of vacant land and retail uses in a desert setting, and not located adjacent to an area susceptible to wildland fires. Therefore, there is no impact. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): HAZ – 1 A hazardous spill prevention plan shall be prepared by the Applicant and submitted to the City for approval to minimize the likelihood of a spill shall be prepared prior to construction. The plan shall state the actions that would be required if a spill occurs to prevent contamination of surface waters and provide for cleanup of the spill. The plan shall follow Federal, state, and local safety guidelines and standards to avoid increased exposure to these pollutants. HAZ – 2 If a contaminated area is encountered during construction, construction shall cease in the vicinity of the contaminated area. The construction contractor shall notify all appropriate authorities, including the EPA and the City. If necessary, the contaminated site shall be remediated to minimize the potential for exposure of the public and to allow the Project to be safety constructed. 50 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 47 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply IX. Hydrology and Water Quality: Would the project: a) Violate any water quality standards or waste discharge requirements? X 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 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)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation onsite or offsite? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding onsite or offsite? X e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? X f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X Environmental Setting Although the climate in the Coachella Valley and the Planning Area are generally temperate, seasonal storms can produce significant amounts of precipitation within short periods of time. Winter storms are 51 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 48 responsible for much of the area’s annual rainfall, and usually occur between November and April. However, the region and surrounding mountains may also experience localized thunderstorms at other times, especially during the summer monsoon season. Rapid snowmelt from the mountains may also result in flooding downslope (Terra Nova Planning & Research Inc., July 2012). Areas within the City of La Quinta are subject to flash flooding along natural or man-made channels and sheet flooding across the valley floor. Although of short duration, flash floods result in high peak water volumes and velocities, which are frequently intensified by features of the local natural and built environment (Terra Nova Planning & Research Inc., July 2012). There are no dams in the Project vicinity, and the Whitewater Rivers is located nearly 10 miles to the east of the Project site. The Project site not considered at risk from inundation from dam failure or flooding hazard from levee damage or failure along the Whitewater River or from above-ground water storage tanks at higher elevations within and adjacent to La Quinta (Terra Nova Planning & Research Inc., July 2012). Impact Analysis a) Violate any water quality standards or waste discharge requirements? Less Than Significant. All development requiring ground disturbance would be subject to regional and local regulations, including the need for an SWPPP under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Construction General Permit) (Order No. 2009-0009- DWQ, NPDES No. CAR000002). In addition, the City requires a grading permit for all developments that would require grading. Compliance with SWRCB‘s General Construction Activity Stormwater Permit regulations requiring a SWPPP, and the grading permit required by the City would ensure water quality standards are not exceeded. Additionally, Mitigation Measure HYD-1 will require the preparation of a Water Quality Management Plan (WQMP) and subject to approval by RWQCB. The Project will create an impermeable surface over much of the entire site when complete. This can increase the potential for pollutants to occur in surface water primarily be from cars parked in the parking lot leaking fluids. However, the project includes an underground system to collect all of the stormwater runoff from the project site. The WQMP prepared for the site as part of Mitigation Measure HYD-1 will also address the requirements and operations of the underground system. Therefore, the project will have a less than significant impact on water quality. 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 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)? Less Than Significant. During construction, the project will employ various measures for dust control including the use of water that is readily available from the Coachella Valley Water District. The water used during construction will be temporary, and water will not be the sole method used for dust control. Water-conscious measures will be used as part of the final design, including installation of water-efficient features such as water-efficient toilets and drought-tolerant landscaping. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation onsite or offsite? 52 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 49 Less Than Significant. The Project site has been previously graded and is on level ground completely surrounded by urban development, vacant land, and paved streets. Further, there are no streams or rivers on the Project site or its adjacent vicinity. The construction phase of the Project would involve standard best management practices (BMP’s) associated with commercial development, such as drainage to city sewers in the parking lots, curbs, and landscaping to allow water percolation during rain events. Impacts would be less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding onsite or offsite? Less Than Significant. Refer to Response IX(c), above. The Project site is surrounded by residential and retail uses, and is not located directly adjacent to any stream or river. An underground stormwater collection system will be installed as part of the project to capture all of the stormwater runoff from the site. Therefore, impacts are less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant. The project includes the construction of an underground stormwater system to handle all of the stormwater from the site, and little to no water is anticipated to be collected by the City’s stormwater drainage systems. Therefore, impacts are less than significant. f) Otherwise substantially degrade water quality? Less Than Significant. As previously discussed, the proposed Project proposes to construct a project that will utilize an underground stormwater collection system. Uses for some of the buildings include a gas station. The gas station would be constructed to the latest standards and required to comply with State and federal requirements for this use. Therefore, less than significant impacts would occur. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The Project does not propose to construct housing. As a result, construction and operation of the Project would not place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Map or Federal Flood Insurance Map. Therefore, no impacts would occur under this criterion as a result of the Project. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Less Than Significant. The City’s General Plan identifies that the Project site is within FEMA Flood Hazard Zone D which is an area of undetermined risk. Therefore, the development of the proposed Project would not place structures within a 100 year flood area and would not impede or result in the redirection of flood flows in the City. A less than significant impact would occur. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant. The Whitewater River is located nearly 10 miles east of the site, and the Project site is not located in proximity to a levee or dam. Therefore, there is no impact from flooding that could occur as a result of a dam failure or levee breech. However, the Coachella Valley is subject to thunderstorms that can create flash flooding. The new buildings would be required to adhere to current 53 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 50 California Building Code regulations for commercial development. Additionally, the project includes an underground system to collect all of the stormwater runoff from the project site. Therefore, less than significant impacts would occur. j) Inundation by seiche, tsunami, or mudflow? No Impact. There are no bodies of water in the vicinity of the Project site that are capable of producing seiche activity. There is also no potential for tsunamis in the Project area as the Pacific Ocean is more than 150 miles to the southwest of the Project area. As discussed above, the City’s General Plan has not identified the Project site as being in an area susceptible to mudflows as the topography of the site is generally flat and a sufficient distance from hills and mountains to ensure that mudflows in this area would not occur. Therefore, no impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): HYD-1 Prior to Project approval, the Project Applicant shall prepare a Water Quality Management Plan that shall, at minimum, include the following:  Identifies all project related pollutants, impacts to the site’s hydrologic condition, and potential impacts to local waterways caused by Project post-construction runoff;  Identifies BMPs required to remove pollutants from the Projects’ post construction runoff and prevent downstream hydromodification;  Identifies parties responsible for long term operation and maintenance activities of all BMPs  Identifies the design, operation and maintenance of the underground stormwater collection system. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. 54 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 51 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply X. Land Use and Planning: Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Environmental Setting The site is located on a vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store (Figure 2, and Figure 3). The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by a retention basin with residential development west of the basin, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. In May 1999, the City of La Quinta approved the Fairway Plaza Shopping Center Specific Plan of Land Use and associated parcel map to allow for the development of 100,460 square feet of a supermarket- anchored shopping center with adjacent retail pads on 12.5 acres at the corner of Jefferson Street 50th Avenue. The parcel is designated and zoned for Community Commercial (CC) use. The Specific Plan adoption included adoption of a Mitigated Negative Declaration. In 2002, an amendment to the Specific Plan was also adopted. To date, that project has not been constructed. On February 19. 2013, the City of La Quinta adopted the Environmental Impact Report (EIR) for its 2035 General Plan (SCH# 2010111094) which included the impacts of adding to commercial uses within the City, including the approved Fairway Plaza Shopping Center Specific Plan. A Statement of Overriding Considerations was also adopted with the General Plan EIR for environmental impacts that could not be mitigated to a level below significance for: Air Quality, Greenhouse Gas, and Traffic (Resolution 2013- 009). Currently, the Lundin Development is requesting authorization from the City to construct 125,800 square feet of a supermarket-anchored shopping center and adjacent retail pads on the 12.5-acre site at the corner of Jefferson Street and 50th Avenue, within the same area of the previously-approved Specific Plan. Proposed uses within the commercial center development are similar to the previously approved plan, and include banks, restaurants, gasoline service station, and grocery store. 55 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 52 Impact Analysis a) Physically divide an established community? No Impact. The Project proposes to develop a shopping center on a contiguous vacant 12.5-acre parcel as a retail center. Retail uses exist across Jefferson Street on the east. There are no surrounding land uses that would currently conflict with the proposed use. Therefore, there is no impact. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant. The site is zoned Community Commercial (CC) by the City of La Quinta. The subject property has received prior approvals as a commercial center in 1998 and in 2002. The project is proposed to be developed as a commercial center in accordance with the municipal code standards of the Community Commercial zone. Therefore, there is a less than significant impact. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant. The City of La Quinta falls entirely within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) area. The site is a vacant dirt parcel that has been previously disturbed. The subject parcel is not located within or adjacent to a Conservation Area. The CVMSHCP requires a habitat assessment for the burrowing owl (BUOW). If habitat for the BUOW is present, a focused survey is required. The Biological Resource Assessment prepared for the project (Jericho, May 23, 2017) determined that there was no suitable BUOW habitat, nor were there signs of BUOW activity. No suitable BUOW habitat was identified on site during the burrowing owl habitat assessment survey. Therefore, no additional protocol-level focused surveys will be required. No other listed or sensitive species or sensitive habitat was observed on the site. The subject parcel does not contain suitable habitat for any of the sensitive species that have been documented in the project vicinity. The Project must also comply with local conservation regulations which require payment of a mitigation fee at the time of building permit issuance. Therefore, implementation of the Project will not conflict with any habitat conservation plan or natural community conservation plan. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. 56 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 53 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XI. Mineral Resources: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Environmental Setting The Project site is currently vacant, and no mineral mining occurs onsite or in the immediate vicinity of the Project site. The City of La Quinta General Plan (City of La Quinta, February 19, 2013) identifies the Project site as mapped within Mineral Resource Zone – 1, defined as areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood for their presence exists. Impact Analysis a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Project site is currently vacant and is zoned Community Commercial (CC) by the City of La Quinta. No mineral resources are known to occur onsite nor is the Project site zoned for mining uses. No impact would occur. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Refer to Response XI a), above. No impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. 57 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 54 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XII. 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 applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Environmental Setting Noise – General Sound is a physical disturbance in a medium, such as air, that is capable of being detected by the human ear. Sound waves in air are caused by variations in pressure above and below the static value of atmospheric pressure. Sound is measured in units of decibels (dB) on a logarithmic scale. The “pitch” (high or low) of the sound is a description of frequency, which is measured in Hertz (Hz). Most common environmental sounds are a composite of frequencies. A normal human ear can usually detect sounds within frequencies from 20 to 20,000 Hz. However, humans are most sensitive to frequencies in the range of 500 to 4,000 Hz. Certain frequencies are given more “weight” during assessment because human hearing is not equally sensitive to all frequencies of sound. The A-weighted decibel (dBA) scale corresponds to the sensitivity range for human hearing. Noise levels capable of being heard by humans are measured in dBA. A noise level change of 3 dBA or less is barely perceptible to average human hearing. However, a 5 dBA change in noise level is clearly noticeable. A 10 dBA change is perceived as a doubling or halving of noise loudness, while a 20 dBA change is considered a “dramatic change” in loudness. Sound from a source spreads out as it travels away from the source, and the sound pressure level diminishes with distance. Individual sound sources are considered “point sources” when the distance from 58 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 55 the source is large compared to the size of the source (e.g., construction equipment, and turbines). Sound from a point source radiates hemispherically, which yields a 6 dB sound level reduction for each doubling of the distance from the source. If the sound source is long in one dimension, the source is considered a “line source,” (i.e., roadways and railroads). Sound from a line source radiates cylindrically, which typically yields a 3 dB sound level reduction for each doubling of the distance from the source. The metrics for evaluating the community noise environment are based on measurements of the noise levels over a period of time. These metrics are used in order to characterize and evaluate the cumulative noise impacts. The Community Noise Equivalent Level (CNEL) represents a 24-hour A-weighted sound level average from midnight to midnight, where sound levels during the evening hours of 7:00 p.m. to 10:00 p.m. have an added 5 dB weighting, and nighttime hours of 10:00 p.m. to 7:00 a.m. have an added 10 dB weighting. Potential noise from construction equipment to be used for this project are included on Table 9. Table 9 Construction Equipment Noise Emission Levels Equipment Typical Noise Level (dBA) 50 ft from Source* Backhoe 80 Compactor 82 Concrete Mixer 85 Concrete Pump 82 Dozer 85 Grader 85 Loader 85 Scarifier 83 Scraper 89 Truck 88 FTA, May 2006 *Data taken from EPA Report - EPA 550/9-76-004 Vibration – General Sources of vibration included geotech drill rigs, excavators, dump trucks, backhoes, and other general construction equipment. The Federal Transit Administration (FTA) has developed vibration impact thresholds for noise-sensitive buildings, residences, and institutional land uses. These are usually measured as “vibration decibels” or VdB. According to the FTA guidelines, a vibration level of 65 VdB is the threshold of perceptibility for humans. These thresholds are typically 80 VdB at residences and buildings where people normally sleep (e.g., nearby residences and daycare facilities) and 83 VdB at institutional buildings (e.g., schools and churches). The FTA guidelines also state that, for a significant impact to occur, vibration levels must exceed 80 VdB during infrequent events (FTA, May 2006). 59 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 56 Typical vibration levels from project equipment are based on the FTA guidelines provided in Table 10. Table 10 Vibration Source Levels for Typical Construction Equipment Equipment Vibration Level at 25 feet (VdB) Large bulldozer 87 Caisson drilling 87 Loaded trucks 86 Jackhammer 79 Small bulldozer 58 Source: FTA 2006 Project Location The site is immediately adjacent to a stormwater detention basin along the northern and western edges, with residences abutting the detention basin’s west and north sides. The basin provides for an approximately 50- to 120-foot buffer between the Project and the residence backyard. Three residences on the southwest area of the project site directly abut the project site. Residences exist to the south of the Project site, just beyond 50th Avenue. Commercial uses exist to the east of the project, just beyond the site’s border with Jefferson Street. Local Noise Ordinances The residential areas to the north and west and south of the Project are zoned Low Density Residential. The City of La Quinta Municipal Code Section 9.100.210 “Noise control,” identifies this land use as “noise sensitive.” The City of La Quinta Municipal Code Section 6.08.050 “Disturbances by construction noises” limit construction noise impacts, predominantly through restriction of times and days when work may be carried out: Construction is not permitted on Sundays or defined Holidays Construction is restricted to 8am to 5pm on Saturdays Between October 1st and April 30th, construction is restricted 7am to 5:30pm Between May 1st and September 30th, construction is restricted to 6am to 7pm. The City’s code also identifies limits for operational noise for the residential and non-residential land uses. Operational noise shall not exceed the levels set out in the Noise Standard, or the existing ambient noise. For the “noise sensitive” properties to the South, West and North, operational noise from the project shall not exceed: 65 dB(A) between 7am and 10pm 50 dB(A) between 10pm and 7am For the “other non-residential” land uses to the East operational noise from the project shall not exceed: 75 dB(A) between 7am and 10pm 60 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 57 65 dB(A) between 10pm and 7am Project Noise Studies Noise studies for the Project were prepared in 2002 as part of the Specific Plan Amendment No. 1 approval and in 2017 and 2018 to serve as an update (Appendix E). The 2002 study identified that both Jefferson Street and 50th Avenue were impacted, and exceed 60 dBA CNEL. The study identified that all new development is required to mitigate to the City's standards for noise, as required in the General Plan (Table EH-1) (Warner Engineering, February 19, 2002). The 2017 noise study also concluded that areas along Jefferson Street and 50th Avenue were impacted and exceeded the 60dBA criteria. Ambient noise measured along various locations along the north and west perimeter of the site, nearest to the residences, measured between 53.9 and 60 dBA. The study determined that the main sources of noise across the site are noise from road traffic on 50th Avenue and Jefferson street, other noise sources included HVAC systems serving the houses to the north, west and south of the site and from HVAC serving the commercial buildings to the east, across Jefferson Street. There was also minor noise from distant aircraft and birdsong (Antonio Acoustics, June 16, 2017, Appendix E). Noise is also anticipated from the speakers of the drive-through eating establishments, as well as vehicle doors closing in the parking lot. The Project is proposed approximately 150 feet between the closest development building and the residences to the south. The residences to the south already have a concrete masonry boundary wall. Impact Analysis a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant. The noise study (Appendix D) identified that the noise from the site through the day would not exceed the measured levels at the edges of the site closest to the residences, and that the noise from the HVAC units on the buildings and parking does not exceed the City of La Quinta daytime noise criteria of 60dB(A) at any residence. Therefore, there is a less than significant impact. b)Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant. The noise related to construction would include those generated from the use of heavy equipment at the site or vehicles transporting materials. Activities that could generate groundborne vibration include pile-driving and demolition; however, pile-driving and significant demolition is not anticipated to be utilized during construction. Some construction activities would occur within approximately 30 to 75 feet of residences, with residences to the southwest being the closest receptors. Screening-level calculations based on the FTA Guidelines (Table 10) indicate that vibration levels associated with these activities would have attenuated to a level of approximately 78 VdB at the nearest residence given the intervening distance. This analysis shows that vibration levels at all identified sensitive receptors were below the threshold of 80 VdB. 61 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 58 Construction activities would be temporary and would not expose persons to or generate excessive groundborne vibration or groundborne noise levels due to the adherence of the City’s General Plan. Therefore, groundborne vibration impacts associated with proposed construction activities will be less than significant. c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant With Mitigation Incorporated. The 2017 noise study and 2018 amendment measured ambient noise levels along various locations of the Project site perimeter, and projected the potential future noise levels (Table 11). The studies identified a variety of potential operations noise sources that will contribute to a permanent increase in ambient noise: HVAC systems serving the buildings Commercial loading and unloading Noise from parking and the gas station Noise from speakers at the drive-through eating establishments Noise from car doors closing at night To project the potential increase in ambient noise, the 2017 noise study assumed that the HVAC for each new building would not exceed a sound power level of 100dB(A), (equivalent to 68 dB(A) at 50 feet). In the absence of a national standard for the US, the parking lot methodology was based on ISO 9603-2 1996 (Antonio Acoustics, June 16, 2017, Appendix E). Table 11 Existing and Projected Future Operational Noise Location Measurement Location and Distance from Sensitive Receptors Measured level, dB(A) New noise from HVAC and parking, dB(A) New noise exceeds measured? 1 Southwestern site perimeter, close to Avenue 50, between proposed parking and residences 64.2 52 No 2 Adjacent to boundary wall, southwestern site perimeter, approximately 200 feet north of Location 1, between proposed parking and residences 55.9 53.1 No 3 Adjacent to boundary wall, western site perimeter, approximately 90 feet between proposed back of proposed Pavilions grocery store and residences 53.9 50.4 No 4 Adjacent to boundary wall, western site perimeter, approximately 200 feet between proposed loading dock for proposed Pavilions grocery store and residences 60.0 54.5 No 5 Adjacent to boundary wall, western site perimeter, approximately 200 feet between proposed loading dock for Pavilions grocery store and residences 55.6 55.4 No 6 Adjacent to boundary wall, western site perimeter, approximately 150 feet between proposed parking and residences 58.3 54.3 No 7 Northeast perimeter corner, adjacent to Jefferson Street, not near residences 68.2 52.3 No 8 East site perimeter, adjacent to Jefferson Street 68 Not Estimated No 9 Southeast site perimeter, adjacent to Jefferson Street and 65.1 Not Estimated No 62 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 59 Avenue 50, not near residences The noise studies prepared in 2002, 2017, and 2018 indicated that the ambient noise will not exceed the City’s standard. However, because the ambient noise is already close to the City’s maximum level for the area, the Project operations will include Mitigation Measures NOI-1 through NOI-5 be implemented to ensure that ambient noise levels will not exceed the City’s maximum standard. Mitigation Measures are located at the end of this section. Additionally, the noise study identified that additional screening would be appropriate to accommodate the noise from the speaker at the drive-through eating establishment and the residences along the south. Mitigation Measure NOI-6 will be implemented to reduce noise from the speakers at the drive-through, which will ensure impacts are less than significant. Mitigation measures are located at the end of this section. The 2018 noise study regarding vehicle doors closing also identified that for the closest parking space to 1 meter from the windows of the closest house, the LAMax,F noise level is 60dB for car door slams. This is the worst case scenario and noise from the majority of the parking spaces will be substantially less than this. Therefore, there is a less than significant impact from car doors closing the in the parking lot. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant With Mitigation Incorporated. While the exact construction method and equipment has yet to be determined, noise from construction is expected to occasionally reach 85 dB(A) at 50 feet from the louder noise sources. The timing of construction work is limited to the City of La Quinta Municipal Code Section 6.08.050 “Disturbances by construction noises.” However, to reduce construction noise to less than significant levels, Mitigation Measures NOI-7 and NOI-8 are required. Mitigation measures are located at the end of this section. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no airport land use plans within the project area. Therefore, there is no impact. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no private airstrips in the vicinity of the Project. Therefore, no impact would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006:  All construction activity shall be limited to the hours of construction permitted by Municipal Code Section 6.08.050.  All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers. 63 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 60  All stationary equipment shall be located as far as practical from adjacent potential residential units.  All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m.  The proposed perimeter wall shall be 8 feet in height. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows:  Position devices away from the site boundary to the south.  Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device;  Reduce the number of audible devices, such as one device to serve two drive throughs;  Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle;  The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet;  There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example:  Where practicable, use hydraulic rather than pneumatic impact tools  Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises  Turn off idling equipment and vehicles  All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers 64 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 61  All stationary equipment shall be located as far as practical from adjacent potential residential units  Phase in start-up and shut-down of site equipment  Conduct truck loading, unloading and hauling operations to keep noise to a minimum  Limit the time that steel decking or plates for street decking or covering excavated areas are in use  Limit the use of annunciators or public address systems, except for emergency notifications  All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measures. 65 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 62 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XIII. Population and Housing: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Environmental Setting The City of La Quinta is one of nine cities in the Coachella Valley, and offers numerous destination resorts. The population was 37,467 at the 2010 census, up from 23,694 at the 2000 census. Impact Analysis a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant. The Project includes the construction of an approximate 12.5-acre vacant lot for the operation of a retail center designed to serve the existing population. Therefore, the Project will not indirectly induce an increase in population; the impact will be less than significant. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. There are no existing houses on the Project site. Therefore, the proposed Project will not displace any housing, or require the construction of replacement housing. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. There are no homeless camps on the Project site, therefore, there is no impact. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. 66 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 63 Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. 67 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 64 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XIV. Public Services: 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: a) Fire protection? X b) Police protection? X c) Schools? X d) Recreation/Parks? X e) Other public facilities? X Environmental Setting The City contracts with the Riverside County Fire Department for fire protection services, with a total of six stations located throughout the City, all staffed by full time, paid firefighters and volunteers (Terra Nova, July 2012). Police services are contracted through the Riverside County Sheriff’s Department which provides two Police Department offices in the City, and a jail facility in Thermal (Terra Nova, July 2012). The Project site is within the Desert Sands Unified School District boundaries. The DSUSD serves students located west of Jefferson Street and north of Avenue 48. The Harry S Truman Elementary School and the La Quinta Middle School are located on Avenue 50, approximately one mile west of the Project site. The City of La Quinta Community Services Department maintains numerous small pocket parks, neighborhood parks, community parks, and trails throughout incorporated portions of the City. Pocket parks are generally less than one acre, and provide small playgrounds, tot lots, and passive seating areas. These small parks tend to be built within neighborhoods and serve local residents. One of the largest parks within the City of La Quinta is the Lake Cahuilla County Park operated by the County of Riverside. Lake Cahuilla is an 845-acre park located in the southwestern portion of incorporated La Quinta. The Desert Recreation District owns and operates the La Quinta Community Park in La Quinta, which is a 6.5-acre park that includes a 5,000 square foot community center, baseball diamonds, basketball courts, a playground and picnic pavilion (Terra Nova, July 2012). Impact Analysis 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: 68 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 65 a) Fire protection? Less Than Significant. As previously discussed, the Project site is served by the City of La Quinta Fire Department. The nearest fire station to the Project site is located approximately 2.3miles southwest of the site at 78111 Avenue 52. The proposed project will be developed in compliance with applicable provisions of the City’s Municipal Codes and all applicable provisions of the adopted and applicable Building, Construction and Fire Codes. Additionally, the fire department will review all plans submitted to the City and the applicant is required to comply with all development requirements recommended by the Fire Department. Additionally, the applicant is required to pay impact fees to assist the fire department in offsetting potential impacts. Given the Project’s compliance with development requirements, impacts to fire services are anticipated to be minimal. Therefore, the impact is less than significant. b) Police Protection? Less Than Significant. As previously discussed, the Project site is served by the City of La Quinta’s police services. The assigned police station for the Project site is located at 86625 Airport Blvd., Thermal, approximately 6 miles to the southeast. However, La Quinta police and Riverside County Sheriff’s routinely patrol the Project vicinity given the urban nature of the area. Response times to the Project site will vary, depending on the nature of the call. The Project provides for state-of-art security provisions in areas such as outdoor lighting and adequate ingress and egress for emergency vehicles. Therefore, the impact is less than significant. c) Schools? No Impact. The Project is commercial in nature and does not propose uses that would directly or indirectly induce population growth, and thus would not generate demand for additional schools. No impact would occur. d) Recreation/Parks? No Impact. The Project does not propose uses that would directly or indirectly induce population growth, and thus would not generate demand for additional parks. Therefore, there is no impact. e) Other Services? No Impact. The Project does not propose uses that would directly or indirectly induce population growth, and thus would not generate demand for other public facilities. Additionally, the applicant is required to pay an impact fee that will assist the City in funding maintenance of city infrastructure. Therefore, there is no impact to this criterion. Mitigation Measures: No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated and no mitigation measures are required. 69 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 66 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XV. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Environmental Setting The Project is to construct an approximate 12.5-acre vacant lot for a retail center. The Project site is not currently utilized for recreation purposes, nor will the use induce growth that would require the construction of additional recreational facilities. Impact Analysis a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The Project does not include uses that would directly or indirectly induce population growth, therefore, an increase in the use of existing recreational facilities in the City is not anticipated. Therefore, there is no impact. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The Project site is not currently used for recreational purposes and does not propose development that would increase existing recreational uses. Therefore, there is no impact. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. 70 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 67 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVI. Transportation/Traffic: Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Environmental Setting The proposed Project is located in the City of La Quinta, bordered on the north by Derek Alan Drive (a private street owned by the Renaissance Homeowners Association) and residential development that fronts Derek Alan Drive, on the west by a retention basin followed by residential development, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. Regional access to the site can be accommodated via Interstate 10 and Hwy 111. A traffic study was performed in July 2017 to evaluate the traffic ingress and egress proposed for Jefferson Street (Albert Grover and Associates, July 27, 2017, Appendix F). Access for the development project is proposed via four driveways: three limited-access (no left-turns out) driveways and one full- access unsignalized driveway on Avenue 50, approximately 400 feet from the Jefferson Street signalized intersection. It should be noted that the one driveway into the shopping center from Derek Alan Drive, as previously identified on the previously-approved Fairway Plaza Specific Plan, has been removed with this current 71 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 68 proposed Project. The previously-approved Fairway Plaza Specific Plan had included a driveway from Derek Alan Drive to the shopping center as a convenience to the residents in the residential development to the north and west. However, due to resident concerns regarding unwanted traffic in the neighborhood after the residential development was constructed, the driveway access from Derek Alan Drive has been eliminated from the “Pavilion Palms” project as amended. At the project location, Jefferson Street is a six-lane, two-way arterial roadway with a raised median and serves as one of the main thoroughfares in the area. Avenue 50 is a two-way roadway with one westbound lane and two eastbound lanes. At the intersection, each approach has one dedicated left-turn lane and one dedicated right-turn lane, except the southbound approach, which has two left-turn lanes. The City of La Quinta has published Engineering Bulletin 06-13 (Appendix G) which applies to site access and gives criteria and methodologies for completing traffic studies. Regarding site access, it states the following: SITE ACCESS Auxiliary lanes shall be installed on all primary arterial, secondary arterial and higher order street classifications according to the following criteria: A left-turn deceleration lane with taper and storage length is required for any driveway with a projected peak hour left ingress turning volume estimated to be 25 vehicles per hour (vph) or greater. The taper length shall be included as part of the required deceleration lane length. A right-turn deceleration lane is required for any driveway with a projected peak hour right ingress turning volume estimated to be 50 vph or greater. The taper length shall be included as part of the required deceleration lane length. Pocket storage length requirements shall be based on individual project characteristics. A right-turn deceleration lane should be considered for lower turning volumes on high volume streets (e.g. Washington Avenue, Highway 111). A left-turn deceleration lane should be considered for locations where left turning vehicles would be required to queue in a high speed (> 40mph) through lane. Installation recommendations for deceleration lanes and related intersection turning movement distributions shown in the final traffic study report will be subject to approval by the City Engineer. The Project includes the following traffic control features:  One additional westbound through lane on Avenue 50 along the project frontage, continuing east of the signalized intersection.  Extend the eastbound dedicated storage lane on Avenue 50 at the signalized intersection to the proposed full-access driveway (the easternmost driveway on Avenue 50) an additional 110 feet for a total storage of 360 feet.  Install a right-turn overlap operation for the southbound right-turn movement signal phase. These proposed improvements are integrated into the project design to improve operational capacity by providing increased lane and storage capacity for the westbound through and eastbound left-turn movements as well as more green time for the southbound right-turn movement (Albert Grover and Associates, July 27, 2017, Appendix F). The following tables identify the results of the traffic study prepared for the project: 72 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 69 Table 12 Existing Conditions – Avenue 50 at Jefferson Street Scenario Eastbound Left Design Queue* Intersection Level-of-Service (LOS) Intersection Capacity Utilization (ICU) Analysis Period 1.5  Qavg Delay (sec/veh) LOS Volume/Capacity Ratio AM Peak Hour 180 ft 43 D 0.50 MD Peak Hour 240 ft 47 D 0.47 PM Peak Hour 180 ft 39 D 0.45 * Length of available storage in EBL turn pocket: approximately 250 ft. Table 13 Opening Day – With Project – Avenue 50 at Jefferson Street Scenario Eastbound Left Design Queue* Intersection Level-of-Service (LOS) Intersection Capacity Utilization (ICU) Analysis Period 1.5  Qavg Delay (sec/veh) LOS Volume/Capacity Ratio AM Peak Hour 220 ft 39 D 0.46 MD Peak Hour 240 ft 45 D 0.53 PM Peak Hour 220 ft 45 D 0.52 * Length of available storage in EBL turn pocket: approximately 400 ft. Table 14 Future Buildout (Year 2035) – With Project – Avenue 50 at Jefferson Street Scenario Eastbound Left Design Queue* Intersection Level-of-Service (LOS) Intersection Capacity Utilization (ICU) Analysis Period 1.5  Qavg Delay (sec/veh) LOS Volume/Capacity Ratio AM Peak Hour 240 ft 43 D 0.52 MD Peak Hour 300 ft 47 D 0.61 PM Peak Hour 240 ft 46 D 0.59 * Length of available storage in EBL turn pocket: approximately 400 ft. Impact Analysis a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant. Per the City of La Quinta General Plan, the parcel is zoned for commercial use; therefore, the development project is already accounted for in the City’s traffic growth forecasting. Less than significant impacts would occur. Additionally, the site zoning is Community Commercial, which 73 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 70 allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The proposed Project represents approximately 0.22 FAR. Therefore, because the Project proposes less than the maximum allowed under the zoning, a less than significant impact is anticipated. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant With Mitigation Incorporated. The flow of vehicle traffic is frequently described using the level of service (LOS) scale, which is a measurement of operational characteristics of traffic flow on a roadway or at the intersection of roadways, based on traffic volumes and facility type. Traffic operations are assessed using levels ranging from “A” to “F,” with “A” representing the highest (best) level of service in terms of travel speed, delay, maneuverability, driver comfort, and convenience. In general, the following descriptions apply to the qualitative levels described above: “A”- free flow; “B” - reasonably free flow; “C” - stable flow; “D” - approaching unstable flow; “E” - unstable flow; and “F” – forced or breakdown flow. The 2017 traffic study identified that approximately13,328 net new vehicle trips will be generated by the project, assuming a conservative 20 percent pass-by trip rate. It is estimated that approximately 1,066 net new trips will occur in the AM peak hour and approximately 1,359 net new trips will occur in the PM peak hour (Albert Grover and Associates, July 27, 2017, Appendix F). The City of La Quinta conducted a Left-turn Queue Study in December 2017, which studied the queuing at the dedicated eastbound left turn storage lane on Avenue 50 at the intersection with Jefferson Street. The study was comprised of 329 signal cycles over two days. The longest queue experienced during the entire study period was 15 cars and that occurred one time over the two days. In accordance with the City of La Quinta’s Engineering Bulletin 06-13 (EB 06-13) left-turn pockets do not need to be designed to the longest possible vehicle queue length but to the 95th percentile queue. In accordance with EB 06-13, the 95th percentile queue length was computed using the Highway Capacity Manual (HCM) methodology to be 11 vehicles and 220 feet in length. Currently, the dedicated eastbound left turn storage lane on Avenue 50 at the intersection of Jefferson Street is approximately 250 feet long. Per the 2017 traffic study, the worst-case queue length of the eastbound left turn lane at Avenue 50 and Jefferson Street at Project opening day will be approximately 240 feet long. With the project, and area buildout, by the year 2035 the traffic study indicated that in the worst-case scenario, the eastbound lane queue length needed would be approximately 300 ft. The Project proposes to extend the eastbound left storage lane to approximately 360 feet, which is greater than the requirements of EB 06-13 and greater than the requirements of the HCM Methodology. The proposed Project improvements listed below will accommodate the projected traffic loading at the intersection. Additionally, the City of La Quinta provides automated traffic light timing at the intersection. The automated timing allows for demand-response/service-convenience timing to the intersection to accommodate better traffic flow at peak times as necessary. The July 2017 traffic study indicated that without the project, the intersection of Jefferson Street and Avenue 50 will operate at LOS D, assuming a 2 percent ambient growth rate in the area (Albert Grover and Associates, July 27, 2017, Appendix F, Table 3). Assuming the ambient area growth, plus the new expected project trips, as well as the additional westbound through lane capacity, and implementation of Mitigation Measure TRAF-1 and project improvements listed above, the intersection of Jefferson Street and Avenue 50 is expected to operate at its current LOS D, which is an acceptable level of service per the 74 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 71 General Plan and EB 06-13, and the proposed full-access driveway on Avenue 50 will operate at LOS A at opening day conditions. Therefore, the impact of this criterion is anticipated to be less than significant with mitigation. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The buildings are proposed to be one story, and approximately 22 feet from floor to roof line. This is consistent with the height of the buildings in the surrounding area. Additionally, there are no design elements of the Project that would result in a potential change in air traffic patterns. No impacts would occur. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant. The Project includes the following traffic control features:  One additional westbound through lane on Avenue 50 along the project frontage, continuing east of the signalized intersection.  Extend the eastbound dedicated storage lane on Avenue 50 at the signalized intersection to the proposed full-access driveway (the easternmost driveway on Avenue 50) to an additional 110 feet for a total storage of 360 feet.  Install a right-turn overlap operation for the southbound right-turn movement signal phase. The Project will allow for two driveways onto Avenue 50, spaced approximately at 460 feet and 720 feet, respectively, from the intersection of Jefferson Street and Avenue 50. Both driveways are spaced from the intersection in a manner that provides good sight distance and ample turning distance from the intersection.  The eastern driveway on Avenue 50, approximately 460 feet west of the Jefferson Street intersection, will allow for full movement of both left and right turns onto Avenue 50 thereby providing users access to points east of the Project. Shared left-turn and right-turn markings are specifically outlined in Chapter 3 of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and such movements are generally allowed at many corner gas stations throughout Southern California.  The western driveway on Avenue 50, approximately 720 feet west the intersection of Jefferson Street, will be restricted to right turns only. As stated above, the driveway from Derek Alan Drive was eliminated due to concerns from surrounding residents. The traffic consultant for the project has stated that it would be unlikely for motorists driving along Jefferson Street to the shopping center would use this driveway. This elimination would have little to no impact on site circulation or on-street circulation/access since it was originally designed to accommodate residents living in the adjacent residential neighborhood. There would be no negative impact for residents using the shopping center and no negative impact for residents accessing their neighborhood since they would still have access to the center from Jefferson Drive and Avenue 50. Therefore, the impact is less than significant. 75 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 72 e) Result in inadequate emergency access? No Impact. As previously discussed, the Project would be developed within vacant land, and construction is short-term. Thus, implementation of the Project would not impede or inhibit emergency access. No impacts would occur. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Significant. The Project would be developed within vacant land, and does not propose long- term construction impacts to the surrounding street system. The SunLine transit agency provides bus service in the region. SunLine currently provides no service within proximity to the project site, and the closest bus stop is located approximately 1.5 miles from the project, at Washington and Avenue 50. SunLine has no plans to install a bus stop at the project location (SunLine Transit, October 3, 2017). The Project includes non-meandering sidewalks along the perimeter, and interior sidewalks offer ADA- compliant access to the perimeter sidewalks. Therefore, the Project can accommodate transit, pedestrian and bicycle facilities in the future. Thus, implementation of the Project would not conflict with public transit and alternative transportation facilities. No impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006:  The proposed site plan shall be redesigned to provide at least 90 feet of stacking at all access points or dedicated right turn into the driveways shall be provided. If one of these standards cannot be met, the applicable access point shall be eliminated. Note: Since the approval of the original Specific Plan, the site plan has been revised to provide at least 90 feet of stacking within the development at all access points through a combination of internal stacking and/or dedicated right turns into the driveways. Therefore, this mitigation measure is no longer applicable to the currently Proposed project. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): TRAF-1 Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. 76 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 73 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVII. Tribal Cultural Resources: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or X b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X Environmental Setting CRM Tech prepared two studies for the Project site. The first consisted of Phase I and Phase II cultural assessment conducted in 1998 and 1995 for approximate 50 acres of undeveloped land as part of Tentative Parcel Map No. 29052 and Tentative Tract Map No. 29053, which included a residential development and the current commercial Project site. The study was part of the environmental impact review process for the proposed subdivision and development of the property, as required by the City of La Quinta, Lead Agency for the project, in compliance with the California Environmental Quality Act (CEQA; PRC §21000, et seq.). The second study was conducted in June 2017 and consisted of a historical/archaeological resources records search, historical background review, and an archaeological field inspection of the approximately 12-acre Project site. The CRM research concluded that no “historic properties,” “historical resources,” or “tribal cultural resources” are present within or adjacent to the Project area. However, CRM identified that there have been previous discoveries in the Project vicinity, an overall high sensitivity to archaeological resources on the Project site, and the potential to encounter subsurface prehistoric cultural remains within the project boundaries. Therefore, CRM TECH recommended that all grading, grubbing, trenching, excavations, and other earth-moving activities in the project area be monitored by a qualified archaeologist. This information and mitigation has been identified in Section V of this document. While the Phase II cultural resources investigation indicated that there were minimal subsurface artifacts recovered from the Phase II survey, the project area is in an area that has high prehistoric sensitivity. Additionally, the project is adjacent to the Chemehuevi Traditional Use Area. For these reasons, the 77 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 74 project area has the possibility of inadvertent discoveries, which may have significant impacts on potential cultural resources that concern the Tribe. There is an increased possibility of encountering cultural resources during the construction processes that may take place because of cultural resources recorded within the project's boundaries, and it is in the vicinity of an area with high archaeological sensitivity. Avoidance, if feasible, would negate adverse effects on the project. CRM TECH, recommended that a qualified archaeologist monitor all grading, grubbing, trenching, excavations, and other earth-moving activities in the project area. Impact Analysis a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), No Impact. There are no resources that have been identified as eligible for listing to the California Register of Historic Places. Therefore, there is no impact. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant with Mitigation Incorporated. There are no resources supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. Therefore, there is no impact. However, there have been past discoveries in the vicinity, therefore overall archaeological sensitivity of the project location remains high, and the potential of encountering subsurface prehistoric cultural remains within the project boundaries is a potential. Implementation of TCR-1 will reduce the potential impacts to potential undetermined discoveries to less than significant. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): TRC-1 Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. 78 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 75 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVIII. Utilities and Service Systems: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f) Be served by a landfill(s) with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Environmental Setting Lundin Development, a private entity, is requesting authorization from the City of La Quinta to construct a 125,800 square-foot mixed-use commercial center development project on a 12-acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store (Figure 2, Figure 3). The Assessor Parcel Numbers for this Project are: APNs: 602-180-003, 602-180-004, 602-180-005, 602- 180-013, and 602-180-014. Per the City of La Quinta General Plan, the Project site is zoned Community Commercial (CC) for commercial use. Domestic water is provided by the Coachella Valley Water District (CVWD). Its source of water is groundwater and import water. Wastewater services is also provided by the CVWD. The Project site will be served by the Mid-Valley Water Reclamation Plant. The CVWD reports that it annually treats nearly 6.3 billion gallons of 79 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 76 wastewater from throughout the Coachella Valley. The CVWD also has the capacity to increase its wastewater treatment as the Coachella Valley’s population grows. Solid waste in the City is served by Burrtec Waste Recycling Services which transports the waste to the Edom Hill Transfer Station, located in the City of Cathedral City. From the transfer station, the waste is transported to one of three regional landfills: Lamb Canyon, Badlands or El Sobrante, each of which has remaining long-term capacity. Burrtec also provides solid waste and greenwaste recycling services. Impact Analysis a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Less Than Significant. Once complete, the project will be served by the CVWD’s existing sewer system. Stormwater will be treated through an underground system to collect all of the stormwater runoff from the project site. Therefore, the Project will not exceed wastewater treatment requirements and will have a less than significant impact. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant. The CVWD reviewed the Project and identified that it could serve the Project with the existing water and wastewater treatment facilities (CVWD, October 5, 2017). The CVWD identified that utilities are available in the public rights of way; the only water and wastewater improvements required for the Project are on-site pipelines and unit connections to the infrastructure systems, which are subject to connection fees. Therefore, the proposed Project would not require or result in the construction or expansion of new water or wastewater treatment facilities off-site, and the Project would have no significant impacts. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant. The project will not require levels of water usage that would impact stormwater drainage systems on or around the Project site. As discussed in Section IX Hydrology and Water Quality, impervious runoff created from the project will drain into an underground system. Therefore, use of the proposed onsite underground system will not require in new or expanded storm drain public infrastructure that would cause significant environmental effects. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant. The proposed Project is consistent with the City’s General Plan and zoning. The CVWD reviewed the Project and identified that it could serve the Project with the existing water and entitlements (CVWD, October 5, 2017). The CVWD identified that the Project lies within the study area of the 2010 Water Management Plan Update. The CVWD identified that the groundwater basin in the Coachella Valley is in a state of overdraft, and each new development contributes incrementally to the overdraft. CVWD identified that its Water Management Plan is in place to reduce overdraft and identifies specific actions for reducing overdraft. The CVWD identified that the Project must comply with elements and actions described in the plan. The proposed Project would not require new or expanded water entitlements, and the Project would have no related significant impacts. 80 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 77 e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant. Refer to (b) above. f) Be served by a landfill(s) with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant. Burrtec Waste provides trash collection for the City of La Quinta, and will haul the waste to a transfer station for proper disposal at one of three regional landfills: Lamb Canyon, Badlands or El Sobrante. All three landfills have capacity remaining for the long-term (City of La Quinta, February 19, 2013). Construction Waste: The site is undeveloped, so no demolition waste is anticipated. Small volumes of construction waste are anticipated during construction including pallets, strapping, packaging, excess wood and metal. Due to the small volume of construction-related waste that may be generated during construction, and the millions of cubic yards of remaining capacity at the three regional landfills that would serve the Project, less than significant impacts would occur under this criterion as a result of future construction activities. Operations Waste: The waste generated by this proposed Project is anticipated to be similar to retail centers with similar uses. Annual waste generation is anticipated as follows:  Grocery 63,000 s.f.: 2,920 cubic yards  Shops and banks. 30,000 s.f: 624 cubic yards  Fast Food and restaurants. 32,000 s.f.: 520 cubic yards The three regional landfills have long-term capacity; therefore, impacts would be less than significant. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. All solid waste generated by the Project during both construction and operation would be handled in accordance with all applicable Federal, State, and local statutes and regulations. The City is currently required to implement new and maintain ongoing waste and recycling programs and recycle at least 50 percent of its solid waste stream, and is meeting that goal (City of La Quinta, February 19, 2013). Therefore, no impacts would occur under this criterion as a result of future Project activities. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. 81 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 78 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVIII. 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 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? X b) Does the project have the potential to achieve short- term environmental goals to the disadvantage of long- term environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Impact Analysis 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 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? Less Than Significant Impact with Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre‐historical resources were evaluated as part of this IS/MND. Potential impacts associated with nesting birds were identified however implementation of Mitigation Measure BIO-1 reduces the potential impacts to than significant. Section IV, Biological Resources, addresses the potential impacts and mitigation measures in detail. As there are no other potentially significant impacts and no further mitigation is required in any other area, the adoption of the mitigation measures associated with biological impacts will ensure that the Project as a whole would have less than significant cumulative impacts on the environment in and around the Project area. 82 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 79 Additionally, as previously discussed, a cultural resources records search for the Project was conducted to identify cultural resources within one mile of the project site (CRM, June 5, 2017). The research did not identify any cultural resources within Project site specifically, but identified that Mitigation Measures CUL-1, CUL-2 and CUL-3 were required during grading activities due to a high cultural resources sensitivity. b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? Less Than Significant Impact. The project objective is to construct a retail center that is consistent with the City’s General Plan and Zoning. The preceding evaluation of project impacts concluded that it can be implemented without causing any significant adverse impacts on any environmental resource issues. Therefore, meeting short-term goals will not be to the disadvantage of long-term environmental goals. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant Impact with Mitigation Incorporated. As discussed throughout this IS/MND, implementation of the proposed Project has the potential to result in effects to the environment that are individually limited, but cumulatively considerable primarily in the categories of Air Quality, Greenhouse Gas and Traffic. The City’s General Plan analysis this site assumed the site was zoned Community Commercial with a FAR of 0.33, which is greater than the 0.22 proposed. Since the General Plan Environmental Impact Report was a City-wide analysis and found significant impacts, the City adopted a Statement of Overriding Considerations in the categories of Air Quality, Greenhouse Gas and Traffic. For this project, in all instances where the analysis identified that the Project has the potential to contribute to a cumulatively considerable impact to the environment, mitigation measures have been imposed to reduce potential effects to less than significant levels. As such, with incorporation of the mitigation measures imposed throughout this IS/MND, the Project would not contribute to environmental effects that are individually limited, but cumulatively considerable, and impacts would be less than significant. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact with Mitigation Incorporated. The Project’s potential to result in environmental effects that could adversely affect human beings, either directly or indirectly, has been discussed throughout this IS/MND, and are primarily in the categories of: Aesthetics, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Traffic. In instances where the analysis identified that the Project has potential to result in direct or indirect adverse effects to human beings, mitigation measures have been applied to reduce the impact to less than significant levels. With required implementation of mitigation measures identified in this IS/MND, construction and operation of the proposed Project would not involve any activities that would result in environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly. 83 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 80 Section 5 ‐ Summary of Mitigation Measures I. Aesthetics AES-1 Provide shielding for the dual head pole in the southwest corner as per the lighting design engineering recommendations. III. Air Quality AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. IV. Biological Resources BIO - 1: Any grubbing, brushing or tree removal should be conducted outside of the State identified nesting season for migratory birds, which is typically March 15 through September 1. If work cannot be conducted outside of nesting season, a migratory nesting bird survey within and adjacent to the project site shall be conducted by a qualified biologist within three (3) days prior to initiating the construction activities. If active nests are found during the pre-construction nesting bird surveys, a Nesting Bird Plan (NBP) will be prepared and implemented. At a minimum, the NBP will include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The NBP will include a copy of maps showing the location of all nests and an appropriate buffer zone around each nest sufficient to protect the nest from direct and indirect impact. The size and location of all buffer zones, if required, shall be determined by the biologist, and shall be based on the nesting species, its sensitivity to disturbance, and expected types of disturbance. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist has determined the young birds have successfully fledged and a monitoring report has been submitted reviewed and approved by the City of La Quinta. V. Cultural Resources CUL-1: Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered:  The archaeological monitor shall notify the project foreman  The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated  All work in the vicinity of the find shall halt  Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist 84 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 81 CUL-2: Grading activities shall be overseen by a qualified paleontological monitor. Paleontological monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors will be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring will be reduced if the potentially fossiliferous units as described by the San Bernardino County Museum, Division of Earth Sciences May 2, 2017 report are not present, or if present are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. CUL-3: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. VI. Geology and Soils GEO-1 Prior to grading plan approval, submit for review and approval by the City Engineer, a PMl0 management plan. GEO-2 For portions of the site not immediately under construction, ensure the stabilization of soils through the use of soil cement or re-vegetation, frequent watering. including watering during the evening and weekends during significant wind events; street sweeping or washing during construction, and the chemical stabilization of unpaved construction roadways. VII. Hazards and Hazardous Materials HAZ – 1 A hazardous spill prevention plan shall be prepared by the Applicant and submitted to the City for approval to minimize the likelihood of a spill shall be prepared prior to construction. The plan shall state the actions that would be required if a spill occurs to prevent contamination of surface waters and provide for cleanup of the spill. The plan shall follow Federal, state, and local safety guidelines and standards to avoid increased exposure to these pollutants. HAZ – 2 If a contaminated area is encountered during construction, construction shall cease in the vicinity of the contaminated area. The construction contractor shall notify all appropriate authorities, including the EPA and the City. If necessary, the contaminated site shall be remediated to minimize the potential for exposure of the public and to allow the Project to be safety constructed. IX. Hydrology and Water Quality HYD-1 Prior to Project approval, the Project Applicant shall prepare a Water Quality Management Plan that shall, at minimum, include the following: 85 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 82  Identifies all project related pollutants, impacts to the site’s hydrologic condition, and potential impacts to local waterways caused by Project post-construction runoff;  Identifies BMPs required to remove pollutants from the Projects’ post construction runoff and prevent downstream hydromodification;  Identifies parties responsible for long term operation and maintenance activities of all BMPs;  Identifies the design, operation and maintenance of the underground stormwater collection system. XII. Noise NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows:  Position devices away from the site boundary to the south.  Provide additional screening such as positioning of the retail buildings or a noise barrier as close to the device;  Reduce the number of audible devices, such as one device to serve two drivethroughs;  Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle;  The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet;  There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example:  Where practicable, use hydraulic rather than pneumatic impact tools  Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises  Turn off idling equipment and vehicles  All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers 86 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 83  All stationary equipment shall be located as far as practical from adjacent potential residential units  Phase in start-up and shut-down of site equipment  Conduct truck loading, unloading and hauling operations to keep noise to a minimum  Limit the time that steel decking or plates for street decking or covering excavated areas are in use  Limit the use of annunciators or public address systems, except for emergency notifications  All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m. XVI. Traffic TRAF-1 Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. XVII. Tribal Cultural Resources TRC-1 Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities. 87 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 84 Section 6 - References Albert Grover and Associates, July 27, 2017. Focused Traffic Study to Determine the Feasibility of a Full-Access Unsignalized Driveway on Avenue 50 West of Jefferson Street in the City of La Quinta. Antonio Acoustics, June 16, 2017, Lundin Development Com Proposed Retail Development, La Quinta, Noise Study. Antonio Acoustics, September 18, 2017. Retail Development at Ave 50 & Jefferson St - Outdoor Retail Audible Devices California Department of Conservation, Farmland Mapping and Monitoring Program: California Important Farmland Finder, http://maps.conservation.ca.gov/ciff/ciff.html, accessed 8/13/17. City of La Quinta, February 19, 2013. La Quinta 2035 General Plan. Coachella Valley Water District (CVWD), October 5, 2017. Pavilion Palms Shopping Center, TPM 2017-0003, SDP 2017-0009, EA 2017-0006, MUP2017-0016, Northwest Comer of Jefferson Street and Avenue 50, APN's 602-180-003, 602-180-004, 602-180-005, 602- 180-013, 602-180-014. CRM Tech, June 5, 2017, Letter Report: Re: Update to Historical/Archaeological Resources Studies Parcel 1, TPM 36539-R (Formerly TPM 29052), City of La Quinta, Riverside County, California. CRM TECH Project No. 348/355/3210. Federal Transit Administration (FTA). 2006. Construction Equipment Noise Levels. Federal Transit Administration. 2006. Transit Noise and Vibration Impact Assessment, Report Number FTA-VA-90-1003-06. Innovative Design Engineers, August 21, 2017. Pavilions La Quinta, Site Lighting, NWC Avenue 50 & Jefferson St, La Quinta, CA Jericho Systems Inc (Jericho), May 23, 2017. General Biological Resources Assessment And Coachella Valley MSHCP Consistency Review For a 12-acre Parcel (APNs: 602-180-003, 602-180-004, 602-180-005, 602-180-013, & 602-180-014) City of La Quinta, Riverside County, California Landmark Geo-Engineers and Geologists, August 25, 2017. Geotechnical Report, Fairway Plaza, NW Corner of Avenue 50 and Jefferson Street, La Quinta, California, LCI Report No. LP 17117. San Bernardino County Museum, Division of Earth Sciences (SBCM), May 2, 2017. Paleontology Literature / Records Review, Parcel 1, of Parcel Map 36539-R. Southland Geotechnical, November 5, 1998. Geotechnical Investigation, Lucky’s Shopping Center, NW Corner of Ave 50 and Jefferson Street, La Quinta, California. State of California Department of Toxic Substances Control Website. www.dtsc.ca.gov SunLine Transit Agency, October 3, 2017, Letter to Cheri Flores, Project Planner, City of La Quinta, RE: Pavillion Palms Shopping Center. 88 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 85 Terra Nova Planning & Research Inc., July 2012. Draft Environmental Impact Report (SCH # 2010111094) for the City of La Quinta General Plan. Warner Engineering, February 19, 2002. Fairway Plaza Shopping Center, Specific Plan Amendment #1, Planning Commission Resolution 2002-006; Originally Approved by the City of La Quinta City Council Resolution 99-63, Adopted May 18, 1999, Original Specific Plan No. 98-034, New Case 98-034 Amended Adopted by City Council on September 19, 2002. 89 [this page left intentionally blank] 90 Final Mitigated Negative Declaration for the Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center La Quinta, CA EA2017-0006 Lead Agency: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 91 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND Introduction This Final Mitigated Negative Declaration (MND) for the Pavilion Palms Shopping Center project has been prepared to report to the decision-making authority of the City of La Quinta of the comments received on the Mitigated Negative Declaration during the public review process. The public review period for the project took place between March 23, 2018 and April 23, 2018. This Final MND includes a list of persons, organizations and public agencies who commented on the Draft MND, the comment letters and responses, a section of errata explaining revisions to the Draft MND which were made in response to comments, and the Mitigation Monitoring and Reporting Program. Comments and Responses The City of La Quinta received a total of 12 comment letters from various agencies and residents living in the project vicinity. The following list provides the name of the commenter, his/her affiliation, and the date the letter was sent. The comment letters and responses follow in order of this list. Letter Number Author/Affiliation Date A Katie Croft, Agua Caliente Band of Cahuilla Indians April 2, 2018 B Gerald Cantarini, La Quinta Renaissance HOA April 3, 2018 C Anthony Madrigal, Jr., Twenty-Nine Palms Band of Mission Indians April 2, 2018 D Rosie Lua, City of Indio April 10, 2018 E Lijin Sun, J.D., South Coast Air Quality Management District April 17, 2018 F Pat Kelly, Resident of Palmilla April 18, 2018 G Kent Bailey, Resident of Palmilla April 20, 2018 H Ken Hulbert, Palmilla HOA April 21, 2018 I Leila Namvar, Resident of La Quinta Renaissance April 22, 2018 J Robert and Marilyn Lang, Residents of Palmilla April 23, 2018 K Steve Cenicola, Resident of La Quinta Renaissance April 23, 2018 L Anita Petke, Sunline Transit Agency April 20, 2018 92 03-003-2017-004 Dear Ms. Cheri Flores, The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Pavilion Palms Shopping Center project. We have reviewed the documents and have the following comments: [VIA EMAIL TO:clflores@la-quinta.org] City of La Quinta Ms. Cheri Flores 78-495 Calle Tampico La Quinta, CA 92253 April 02, 2018 Re: Pavilion Palms Shopping Center Initial Study/Mitigated Negative Declaration Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760)699-6829. You may also email me at ACBCI-THPO@aguacaliente.net. Cordially, Katie Croft Cultural Resources Manager Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUILLA INDIANS *The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. #* Kotevewit village, a Tribal Cultural Resource, is located in the project area. #* There is a mitigation measure for an archaeological monitor, but there should also be a mitigation measure for a Native American Monitor during ground disturbing activities. 93 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Katie Croft, Cultural Resource Manager Tribal Historic Preservation Office Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92264 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Katie: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment A-1: The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. Kotevewit village, a Tribal Cultural Resource, is located in the project area. Response A-1: Comments are noted. Mitigation Measures CUL-1, CUL-3 and TCR-1 are included to minimize impacts to cultural and tribal resources. CUL-1—Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered: • The Archaeological monitor shall notify the project foreman • The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated • All work in the vicinity of the find shall halt • Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist CUL-3—If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission 94 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. TCR-1—Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities. Comment A-2: There is a mitigation measure for an archaeological monitor, but there should also be a mitigation measure for a Native American Monitor during ground disturbing activities. Response A-2: As mentioned in Response A-1 above, the Mitigated Negative Declaration does include in Section XVII, Tribal Cultural Resources, a mitigation measure (TCR-1) which requires a Native American Monitor during ground-moving activities. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 95 96 Highway 111 and Avenue 50 there are seven (7) gas stations. In addition, there is severe concern that the proposed mini mart will offer an after hour's gang hangout. We are all aware of the crime and gang activity in Indio, which has already attempted to infiltrate the Eastern La Quinta residential areas. Should removal of the gas station and mini mart not be an option, we would offer the following proposal: A. Restrict the size and hours of the operation of the mini mart; B. Relocate the gas station to the east of the project site, closer to Jefferson with a landscape berm; C. Require that the gas station be more aesthetically appealing to the environment. I Proposed left turn lane on Avenue 50 near Jefferson: While the developer has proposed infrastructure changes, these changes do not offer a solution to the hazards created by this left turn lane: A. The left turn lane location is too close to the Avenue 50/Jefferson traffic light and intersection; B. The proposal does not adequately address the east/west traffic flow. The submitted traffic study was completed in July of 2017 and did not take into consideration the heavy fluctuation and traffic counts during the November through April period. Without question, the left turn lane as proposed, will create a severe traffic hazard. 3. The heavily traveled eastbound Avenue 50 street creates the gateway to the City of La Quinta. The appearance of the northeast corner should require a more appealing and inviting appearance with stone, landscaping, berms, and possibly a statue. There are many ether concerns that should be considered by the City Council: timing of finished build -out of the project, i.e. all proposed building pads, noise control during construction and upon completion, and height of the existing wall. Additionally, the La Quinta Renaissance Board and residents have concern over the developer's ability or willingness to create proper design, color schemes, maintenance and completion timeline. This concern was magnified after the inspection of two similar properties constructed, but not finished by the proposed developer on another construction site. This concern was also communicated by the Indio Planning Commission, who had an unfavorable experience with Loudin Development on both projects. -2- 95 97 98 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Gerald Cantarini, President La Quinta Renaissance Homeowners Association 79783 Joey Court La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Cantarini: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment B-1: Proposed left turn lane on Avenue 50 near Jefferson: While the developer has proposed infrastructure changes, these changes do not offer a solution to the hazards created by this left turn lane: A. The left turn lane location is too close to the Avenue 50/Jefferson traffic light and intersection; B. The proposal does not adequately address the east/west traffic flow. The submitted traffic study was completed in July of 2017 and did not take into consideration the heavy fluctuation and traffic counts during the November through April period. Without question, the left tum lane as proposed, will create a severe traffic hazard. Response B-1: The traffic section of the Mitigated Negative Declaration analyzed potential hazards due to design features. The eastern driveway on Avenue 50 will allow right and left turns. Shared left-turn and right-turn markings are specifically outlined in Chapter 3 of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and such movements are generally allowed at many corner gas stations throughout Southern California. In addition, Mitigation Measure TRAF-1 will be implemented in order to minimize impacts to the Avenue 50 and Jefferson Street intersection due to projected area growth. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 99 100 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Anthony Madrigal Twenty-Nine Palms Band of Mission Indians 46-200 Harrison Place Coachella, CA 92236 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Madrigal: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment C-1: This letter is in regards to consultation in compliance with AB 52 (California Public Resources Code§ 21080.3.1) for the Pavilion Palms Shopping Center. As stated in our letter, sent October 24, 2017, the Tribal Historic Preservation Office is aware of numerous cultural resources within 1-mile of the project area and three cultural resources within the project boundary. For these reasons, the report recommended archaeological monitoring during earth-moving activates. There is an increased possibility of encountering cultural resources during the construction processes that may take place because of cultural resources recorded within the project's boundaries, and it is in the vicinity of an area with high archaeological sensitivity. Avoidance, if feasible, would negate adverse effects on the project. The THPO continues to request that approved Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians be present during any ground disturbing activities during the project as indicated in TCR-1. The following conditions (CUL 1 -4, TCR-1) would mitigate current concerns for the aforementioned project, however, if there are any changes, please notify the THPO. Response C-1: Comments are noted and mitigation measures are incorporated in the MND document and Mitigation Monitoring and Reporting Program. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 101 From:Rosie Lua To:Cheri Flores Cc:Les Johnson; Tom Brohard Subject:RE: Pavilion Palms Shopping Center-Jefferson and Ave 50 Date:Tuesday, April 10, 2018 8:11:38 AM Hi Cheri, Thank you for the opportunity to review the Initial Study/Mitigated Negative Declaration regarding the Fairway Plaza Specific Plan Amendment No. 2. At this time, we have no further comments on this project. Our previous response letter dated October 18, 2017 which summarized priority items discussed in the Initial Study and Focused Traffic Study remain. Please let us know if you have any further questions. Thank you, Rosie Lua Assistant Planner City of Indio rlua@indio.org 760-391-4016 102 October 18, 2017 Development Services Department City of La Quinta Attention: Cheri Flores Design and Development Department 78495 Calle Tampico La Quinta, CA 92253 RE: Pavilion Palms Shopping Center — Initial Site Plan & Focused Traffic Study Dear Ms. Flores, Thank you for the opportunity to provide comments on the Pavilion Palms Shopping Center project proposed at the northwest corner of Jefferson Street and Avenue 50. The 125,800 square foot project includes a supermarket, a gas station with convenience market, five pads with drive thru facilities, and other commercial buildings. The following are comments provided by the City's Traffic Engineer responding to the Initial Site Plan and a July 27, 2017 Focused Traffic Study: 1) Trip Generation — While pass -by trip reductions are shown, the Traffic Study does not appear to include a table that summarizes peak hour and daily trip generation forecasts for each proposed building as well as internal trip reductions within and D-2 between the uses on the site itself. (Page 8 of the Traffic Study is missing from my copy of the report). 2) Derek Alan Drive Connection — Access is proposed to connect the shopping center to Derek Alan Drive on the north, a local street that serves the gated Renaissance residential development. Left turns out of Derek Alan Drive to northbound Jefferson Street are physically prohibited by a raised median while northbound left turns into Derek Alan Drive are accommodated. The driveway connection between the shopping center and Derek Alan Drive should be eliminated as it will create congestion at the entrance/exit to the gated residential development and it does not facilitate exiting to the north. D-3 103 3) Eastbound Left Turn Lane on Avenue 50 at Jefferson Street — The Traffic Study indicates concerns have been expressed by City of La Quinta staff regarding peak hour queuing in the eastbound left turn lane on Avenue 50 at Jefferson Street. From my observations of this intersection, the longest queues result from parent trips to and from the elementary and middle schools on the north side of Avenue 50 to the west rather than from traditional peak hour commuter trips. Calculations in the Traffic Study indicate that storage for eastbound left turns at Jefferson Street will be adequate in 2019 and will be marginally adequate in Year 2035. Additional left turn storage is proposed to be provided west of the full access driveway for left turns into the proposed full access driveway and for Jefferson Street. This treatment has been used in urbanized areas were left turn storage for stacking may only be marginally adequate. 4) Relocate Avenue 50 Full Access Driveway Further To The West — Before accepting the open-ended eastbound left turn lane shown on the site plan and described immediately above, it is suggested that alternatives be explored in further detail including: a. Flip Building 8 just south of the supermarket with the Pavilions Fuel location southeast of the supermarket. b. Reorient the supermarket so it is parallel to the diagonal at the northwest corner in the site. c. Designate and widen the westerly aisle driveway on Avenue 50 as the major full -access driveway and narrow and limit the easterly driveway on Avenue 50 to right turns only. This would provide a longer throat on the repositioned major full access driveway. Entering the fueling area as currently designed from the main full access driveway could potentially block the entering traffic lane as motorists seek the first opportunity to line up for fuel. To access the fueling positions closest to Avenue 50 requires a sharp right turn greater than 90 degrees. ME D-5 5) Avenue 50 East of Jefferson Street — There are no significant issues associated with the Citrus Plaza Ralphs full access driveway on the north side of Avenue 50 D-6 about 300' east of Jefferson Street. z 104 mow 6) Avenue 50 and Jefferson Street Operational Improvements - To improve the traffic signal operation at Jefferson Street and Avenue 50, a westbound right turn green arrow overlap should be considered. With this additional feature and a shorter traffic signal cycle, the intersection operation would improve and delays would be reduced. The City of La Quinta should also consider "conditional service" (a practice used by the City of Indio) so that eastbound left turns could be served a second time in the same signal cycle if a gap in opposing westbound through traffic occurs. Thank you for the opportunity to provide comments. Please contact me at (760) 391-4016 if you have any questions regarding this matter. Sincerely, 4�4� Rosie Lua Assistant Planner D-7 105 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Rosie Lua, Assistant Planner City of Indio 100 Civic Center Mall Indio, CA 92201 rlua@indio.org SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Ms. Lua: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked with and responses are as follows: Comment D-1: Thank you for the opportunity to review the Initial Study/Mitigated Negative Declaration regarding the Fairway Plaza Specific Plan Amendment No. 2. At this time, we have no further comments on this project. Our previous response letter dated October 18, 2017 which summarized priority items discussed in the Initial Study and Focused Traffic Study remain. Response D-1: We have included the October 18, 2017 letter and comments from that letter are addressed subsequently. Comment D-2: Trip Generation - While pass-by trip reductions are shown, the Traffic Study does not appear to include a table that summarizes peak hour and daily trip generation forecasts for each proposed building as well as internal trip reductions within and between the uses on the site itself. (Page 8 of the Traffic Study is missing from my copy of the report). Response D-2: Page 8 of the Traffic Study is attached which shows the trip generation. The MND included this information and analyzed the project accordingly. Comment D-3: Derek Alan Drive Connection - Access is proposed to connect the shopping center to Derek Alan Drive on the north, a local street that serves the gated Renaissance residential development. Left turns out of Derek Alan Drive to northbound Jefferson Street are physically prohibited by a raised median while northbound left turns into Derek Alan Drive are accommodated. The driveway connection between the shopping center and Derek Alan Drive should be eliminated as it will create congestion at the entrance/exit to the gated residential development and it does not facilitate exiting to the north. Response D-3: The Derek Alan Drive connection has been eliminated. 106 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Comment D-4: Eastbound Left Turn Lane on Avenue 50 at Jefferson Street - The Traffic Study indicates concerns have been expressed by City of La Quinta staff regarding peak hour queuing in the eastbound left turn lane on Avenue 50 at Jefferson Street. From my observations of this intersection, the longest queues result from parent trips to and from the elementary and middle schools on the north side of Avenue 50 to the west rather than from traditional peak hour commuter trips. Calculations in the Traffic Study indicate that storage for eastbound left turns at Jefferson Street will be adequate in 2019 and will be marginally adequate in Year 2035. Additional left turn storage is proposed to be provided west of the full access driveway for left turns into the proposed full access driveway and for Jefferson Street. This treatment has been used in urbanized areas were left turn storage for stacking may only be marginally adequate. Response D-4: The MND includes a mitigation measure to account for this situation. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Comment D-5: Relocate Avenue 50 Full Access Driveway Further To The West - Before accepting the open-ended eastbound left turn lane shown on the site plan and described immediately above, it is suggested that alternatives be explored in further detail including: a. Flip Building 8 just south of the supermarket with the Pavilions Fuel location southeast of the supermarket. b. Reorient the supermarket so it is parallel to the diagonal at the northwest corner in the site. c. Designate and widen the westerly aisle driveway on Avenue 50 as the major full- access driveway and narrow and limit the easterly driveway on Avenue 50 to right turns only. This would provide a longer throat on the repositioned major full access driveway. Entering the fueling area as currently designed from the main full access driveway could potentially block the entering traffic lane as motorists seek the first opportunity to line up for fuel. To access the fueling positions closest to Avenue 50 requires a sharp right turn greater than 90 degrees. Response D-5: Mitigation Measure TRAF-1 in the MND would address the concerns with the easterly full access driveway on Avenue 50. Additionally, the suggested alternative configurations would not be feasible since the neighboring communities do not want the fuel center closer to them. Also, reorienting the supermarket would result in inefficient utilization of the property with conflicting diagonal and right angles throughout the parking field and access points. To address the position of the fueling area, the fuel center has been reduced and positioned farther from the Avenue 50 entrance thus eliminating sharp turns. Comment D-6: Avenue 50 East of Jefferson Street - There are no significant issues associated with the Citrus Plaza Ralphs full access driveway on the north side of Avenue 50 about 300' east of Jefferson Street. 107 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Response D-6: Thank you for your comment. Comment D-7: Avenue 50 and Jefferson Street Operational Improvements - To improve the traffic signal operation at Jefferson Street and Avenue 50, a westbound right turn green arrow overlap should be considered. With this additional feature and a shorter traffic signal cycle, the intersection operation would improve and delays would be reduced. The City of La Quinta should also consider "conditional service" (a practice used by the City of Indio) so that eastbound left turns could be served a second time in the same signal cycle if a gap in opposing westbound through traffic occurs. Response D-7: Thank you for your comment. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 108 109 SENT VIA E-MAIL AND USPS: April 17, 2018 cflores@la-quinta.org Cheri Flores, Senior Planner City of La Quinta 8-495 Calle Tampico La Quinta, CA 92253 Mitigated Negative Declaration (MND) for the Proposed Pavilion Palms Shopping Center The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to comment on the above-mentioned document. The following comment is meant as guidance for the Lead Agency and should be incorporated into the Final MND. Project Description The Lead Agency proposes to develop a total of 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel (Proposed Project). The Proposed Project will include various commercial uses, including banks, restaurants, gasoline service station, and grocery store. Based on a review of aerial photographs and Figure 2, Site Location1, in the MND, SCAQMD staff found that residential uses are located immediately to the south and southwest of the Proposed Project. Compliance with SCAQMD Rules Since the Proposed Project includes gasoline service station, a permit from SCAQMD would be required, and SCAQMD should be identified as a Responsible Agency for this Project in the Final MND. The assumptions in the air quality analysis in the Final MND will be the basis for permit conditions and limits. The Final MND should also demonstrate compliance with SCAQMD Rules, including, but are not limited to, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and Dispensing. If there are permitting questions concerning the gasoline service station, they can be directed to SCAQMD Engineering and Permitting staff at (909) 396-2551. Air Quality Analysis In the Air Quality analysis, the Lead Agency found that the Proposed Project’s regional construction and operational air quality impacts would be less than significant. However, it does not appear that the Air Quality analysis include operational ROG emissions generated from storage tanks or from the fueling process. This may have likely led to an under-estimation of the Proposed Project’s operational air quality impacts. It is important to note that while CalEEMod2 quantifies mobile source emissions (e.g., trip visits by patrons) associated with operating a gasoline service station, CalEEMod does not quantify the operational stationary source emissions from the storage tanks and fueling equipment. Therefore, it is recommended that the Lead Agency quantify operational emissions from the fueling process in the Final MND. Health Risk Assessment The Proposed Project would be sited in close proximity to existing residential uses. Benzene, which is a toxic air contaminant, may be emitted from the Proposed Project’s gasoline refueling operations. 1 MND. Page 6. 2 CalEEmod incorporates up-to-date state and locally approved emission factors and methodologies for estimating pollutant emissions from typical land use development. CalEEMod is the only software model maintained by the California Air Pollution Control Officers Association (CAPCOA) and is available free of charge at: www.caleemod.com. 110 Cheri Flores 2 April 17, 2018 SCAQMD staff is concerned about the potential health impacts on the residents from being exposed to benzene. As such, it is recommended that the Lead Agency evaluate, quantify, and perform a health risk assessment for the Proposed Project in the Final MND. Guidance for performing a gasoline dispensing station health risk assessment can be found in the SCAQMD’s Emission Inventory and Risk Assessment Guidelines for Gasoline Dispensing Stations3. Guidance Regarding Gasoline Dispensing Facilities Sited Near Sensitive Receptors SCAQMD staff recognizes that there are many factors Lead Agencies must consider when making local planning and land use decisions. To facilitate stronger collaboration between Lead Agencies and SCAQMD to reduce community exposure to source-specific and cumulative air pollution impacts, SCAQMD adopted the Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning4 in 2005. Additionally, it is recommended that a 50-foot separation between a gasoline dispensing facility and sensitive land uses (e.g., residential uses)5. SCAQMD staff recommends that the Lead Agency review and consider these guidance when making local planning and land use decisions. Mitigation Measures Six mitigation measures from the Fairway Plaza Amendment 1 – Resolution 2002-2006 are incorporated in the MND for the Proposed Project6. Since CEQA requires that all feasible mitigation measures go beyond what is required by law to minimize any significant impacts, and to further reduce criteria pollutant emissions, SCAQMD staff recommends that the Lead Agency incorporate the following mitigation measures that are more stringent than those from the Fairway Plaza Amendment 1 – Resolution 2002-2006. Regarding the Second Bullet of Mitigation Measure – “Low Emission Construction Equipment” To further reduce particulate matter emissions during construction and minimize their impacts on nearby residents, SCAQMD staff recommends that the Lead Agency use off‐road diesel‐powered construction equipment that meets or exceeds the CARB and USEPA Tier 4 off‐road emissions standards for equipment rated at 50 horsepower or greater during Project construction. Such equipment will be outfitted with Best Available Control Technology (BACT) devices including a CARB certified Level 3 Diesel Particulate Filters (DPF). Level 3 DPFs are capable of achieving at least 85 percent reduction in in particulate matter emissions7. A list of CARB verified DPFs are available on the CARB website8. These requirements shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each unit’s certified tier specification or model year specification and CARB or SCAQMD operating permit (if applicable) shall be available upon request at the time of mobilization of each applicable unit of equipment. In the event that construction equipment cannot meet the Tier 4 engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by the Lead Agency before using other technologies/strategies. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Project, using cleaner vehicle fuel, and/or limiting the number of individual construction project phases occurring simultaneously. 3 South Coast Air Quality Management District. Accessed at: http://www.aqmd.gov/home/permits/risk-assessment. 4 South Coast Air Quality Management District. May 2005. Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning. Accessed at: http://www.aqmd.gov/home/library/documents-support-material/planning- guidance/guidance-document. 5 California Air Resources Board. 2005. Air Quality and Land Use Handbook: A Community Health Perspective. Page 4. Accessed at: https://www.arb.ca.gov/ch/handbook.pdf. 6 MND. Page 25. 7 California Air Resources Board. November 16-17, 2004. Diesel Off-Road Equipment Measure – Workshop. Page 17. Accessed at: https://www.arb.ca.gov/msprog/ordiesel/presentations/nov16-04_workshop.pdf. 8 Ibid. Page 18. 111 Cheri Flores 3 April 17, 2018 Regarding the Third Bullet of Mitigation Measure – “Low VOC Paints, Primers, and Coatings” To further reduce VOC emissions from architectural coating, SCAQMD staff recommends that the Lead Agency require the use of architectural coatings (no more than 50 grams/liter of VOC) that are beyond the limits in SCAQMD Rule 1113 – Architectural Coatings9. Regarding the Sixth Bullet of Mitigation Measure – “Deliveries during Off-Peak Periods” SCAQMD staff recommends that the Lead Agency require that no delivery vehicles may idle for more than five consecutive minutes. This is consistent with the California Air Resources Board’s idling policy guidelines10. Closing Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide the SCAQMD with written responses to all comments contained herein prior to the certification of the Final MND. When responding to issues raised in the comments, response should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful or useful to decision makers and to the public who are interested in the Proposed Project. SCAQMD staff is available to work with the Lead Agency to address any air quality questions that may arise from this comment letter. Please contact me at lsun@aqmd.gov if you have any questions. Sincerely, Lijin Sun Lijin Sun, J.D. Program Supervisor, CEQA IGR Planning, Rule Development & Area Sources LS RVC180327-04 Control Number 9 South Coast Air Quality Management District. Rule 1113: Architectural Coatings. Accessed at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xi/r1113.pdf. 10 California Air Resources Board. June 2009. Written Idling Policy Guidelines. Accessed at: https://www.arb.ca.gov/msprog/ordiesel/guidance/writtenidlingguide.pdf. 112 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Lijin Sun, J.D., Program Supervisor, CEQA IGR SCAQMD Planning, Rule Development & Area Sources 21865 Copley Drive Diamond Bar, CA 91765-4178 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Ms. Sun: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment E-1: Project Description—The Lead Agency proposes to develop a total of 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel (Proposed Project). The Proposed Project will include various commercial uses, including banks, restaurants, gasoline service station, and grocery store. Based on a review of aerial photographs and Figure 2, Site Location, in the MND, SCAQMD staff found that residential uses are located immediately to the south and southwest of the Proposed Project. Response E-1: Pages 1 and 8 of the MND identify that while the total project is 125,800 square feet, 100,460 square feet was already approved in 2002. The uses approved in 2002 are the same as the uses currently proposed. Therefore, the MND uses the analysis from the previously certified MND (2002) for the approved 100,460 square feet and is only required to focus on the impacts of adding of 25,340 square feet to the retail areas. Comment E-2: Compliance with SCAQMD Rules—Since the Proposed Project includes gasoline service station, a permit from SCAQMD would be required, and SCAQMD should be identified as a Responsible Agency for this Project in the Final MND. The assumptions in the air quality analysis in the Final MND will be the basis for permit conditions and limits. The Final MND should also demonstrate compliance with SCAQMD Rules, including, but are not limited to, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and Dispensing. If there are permitting questions concerning the gasoline service station, they can be directed to SCAQMD Engineering and Permitting staff at (909) 396-2551. Response E-2: The applicant has been made aware of the requirement to obtain a permit from the SCQAMD for the gasoline service station. Comment E-3: Air Quality Analysis—In the Air Quality analysis, the Lead Agency found that the Proposed Project’s regional construction and operational air quality impacts would be less than 113 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 significant. However, it does not appear that the Air Quality analysis include operational ROG emissions generated from storage tanks or from the fueling process. This may have likely led to an under-estimation of the Proposed Project’s operational air quality impacts. It is important to note that while CalEEMod quantifies mobile source emissions (e.g., trip visits by patrons) associated with operating a gasoline service station, CalEEMod does not quantify the operational stationary source emissions from the storage tanks and fueling equipment. Therefore, it is recommended that the Lead Agency quantify operational emissions from the fueling process in the Final MND. Response E-3: The Proposed Project which was analyzed is the added 25,340 square feet to the retail areas. The previous approval included an air quality analysis for the gasoline service station, therefore, no further analysis was conducted for the gasoline station. However, a Localized Significance Thresholds (LST) analysis was prepared for the additional 25,340 square feet, and the results (which were less than significant) were identified in the MND. Comment E-4: Health Risk Assessment—The Proposed Project would be sited in close proximity to existing residential uses. Benzene, which is a toxic air contaminant, may be emitted from the Proposed Project’s gasoline refueling operations. SCAQMD staff is concerned about the potential health impacts on the residents from being exposed to benzene. As such, it is recommended that the Lead Agency evaluate, quantify, and perform a health risk assessment for the Proposed Project in the Final MND. Guidance for performing a gasoline dispensing station health risk assessment can be found in the SCAQMD’s Emission Inventory and Risk Assessment Guidelines for Gasoline Dispensing Stations. Response E-4: The Lead Agency determined that a Health Risk Assessment wasn’t necessary since it is not a requirement. The comment will be shared with the Planning Commission for consideration. Comment E-5: Guidance Regarding Gasoline Dispensing Facilities Sited Near Sensitive Receptors—SCAQMD staff recognizes that there are many factors Lead Agencies must consider when making local planning and land use decisions. To facilitate stronger collaboration between Lead Agencies and SCAQMD to reduce community exposure to source-specific and cumulative air pollution impacts, SCAQMD adopted the Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning in 2005. Additionally, it is recommended that a 50-foot separation between a gasoline dispensing facility and sensitive land uses (e.g., residential uses). SCAQMD staff recommends that the Lead Agency review and consider these guidance when making local planning and land use decisions. Response E-5: Thank you for your comment. The location of the proposed gasoline dispensing facility is over 50 feet away from sensitive uses in the area. The guidance will be considering in planning and land use decisions. Comment E-6: Mitigation Measures—Six mitigation measures from the Fairway Plaza Amendment 1 – Resolution 2002-2006 are incorporated in the MND for the Proposed Project. 114 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Since CEQA requires that all feasible mitigation measures go beyond what is required by law to minimize any significant impacts, and to further reduce criteria pollutant emissions, SCAQMD staff recommends that the Lead Agency incorporate the following mitigation measures that are more stringent than those from the Fairway Plaza Amendment 1 – Resolution 2002-2006. Regarding the Second Bullet of Mitigation Measure – “Low Emission Construction Equipment” To further reduce particulate matter emissions during construction and minimize their impacts on nearby residents, SCAQMD staff recommends that the Lead Agency use off‐road diesel‐ powered construction equipment that meets or exceeds the CARB and USEPA Tier 4 off‐road emissions standards for equipment rated at 50 horsepower or greater during Project construction. Such equipment will be outfitted with Best Available Control Technology (BACT) devices including a CARB certified Level 3 Diesel Particulate Filters (DPF). Level 3 DPFs are capable of achieving at least 85 percent reduction in in particulate matter emissions. A list of CARB verified DPFs are available on the CARB website. These requirements shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each unit’s certified tier specification or model year specification and CARB or SCAQMD operating permit (if applicable) shall be available upon request at the time of mobilization of each applicable unit of equipment. In the event that construction equipment cannot meet the Tier 4 engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by the Lead Agency before using other technologies/strategies. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Project, using cleaner vehicle fuel, and/or limiting the number of individual construction project phases occurring simultaneously. Regarding the Third Bullet of Mitigation Measure – “Low VOC Paints, Primers, and Coatings” To further reduce VOC emissions from architectural coating, SCAQMD staff recommends that the Lead Agency require the use of architectural coatings (no more than 50 grams/liter of VOC) that are beyond the limits in SCAQMD Rule 1113 – Architectural Coatings. Regarding the Sixth Bullet of Mitigation Measure – “Deliveries during Off-Peak Periods” SCAQMD staff recommends that the Lead Agency require that no delivery vehicles may idle for more than five consecutive minutes. This is consistent with the California Air Resources Board’s idling policy guidelines. Response E-6: Page 22 of the MND states: 6. The operator shall comply with all existing and future California Air Resources Board (CARB) and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment. 115 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Additionally, Mitigation Measures will be added to the Final EIR which address SCAQMD’s concerns. AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. Comment E-7: Closing—Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide the SCAQMD with written responses to all comments contained herein prior to the certification of the Final MND. When responding to issues raised in the comments, response should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful or useful to decision makers and to the public who are interested in the Proposed Project. Response E-7: Responses to your comments have been provided as requested. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 116   From:Kelly, Pat To:Cheri Flores Subject:Pavilions Palms Shopping Center Date:Wednesday, April 18, 2018 2:27:01 PM My name is Pat Kelly and I reside at 50375 Via Puesta Del Sol, La Quinta.  This is the Palmilla Development located at Avenue 50 & Jefferson.   I have some concerns about the proposed Pavilions Palms Shopping Center   1) It appears that there is a fuel island designed on the southwest portion of the property.  I believe this is unsafe and should be moved to the north and up against Jefferson Street.  Light pollution from a fuel island, especially if opened 24 hours, will have a negative impact on my residence. 2) How are U-turns from this development going to be prevented at the entrance to Palmilla on Avenue 50.?  The City of La Quinta police does an awful job of patrolling Avenue 50 as it is, so how would this safety issue be mitigated? 3) How will the developer mitigate noise that will impact properties near the development?  This appears to be a high density development and will have lots of traffic & noise so how will this be addressed? I am concerned that this will have a negative impact on my residence. 4) Avenue 50 is already in terrible shape and this development will likely make it even worse.  What is the City of La Quinta’s plan to fix the pavement that is already in awful shape, and is basically never even maintained?   Thank you,   Pat Kelly     117 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Pat Kelly 50375 Via Puesta Del Sol La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Pat: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment F-1: It appears that there is a fuel island designed on the southwest portion of the property. I believe this is unsafe and should be moved to the north and up against Jefferson Street. Light pollution from a fuel island, especially if opened 24 hours, will have a negative impact on my residence. How are U-turns from this development going to be prevented at the entrance to Palmilla on Avenue 50.? The City of La Quinta police does an awful job of patrolling Avenue 50 as it is, so how would this safety issue be mitigated? How will the developer mitigate noise that will impact properties near the development? This appears to be a high density development and will have lots of traffic & noise so how will this be addressed? I am concerned that this will have a negative impact on my residence. Response F-1: The fuel center will be in operation from 7 a.m. to 10 p.m. A lighting plan has been designed to result in no light spillage onto surrounding properties. The project includes a full movement access point at the easterly driveway on Avenue 50. Vehicles exiting the shopping center on Avenue 50 would be able to turn left out of this driveway in order to go in the eastbound direction. There would be minimal U-turns at the Palmilla entrance on Avenue 50. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. 118 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers 119 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 120 From:Kent Bailey To:Cheri Flores Cc:Dana S Bailey Subject:Proposed Pavilions Palms Center Comment Date:Friday, April 20, 2018 4:42:30 PM Hi Cheri, Thanks for the note, I’ll try again! After reviewing the summary of the plan for the proposed shopping, food and fuel center, my wife and I are most concerned. We can understand a need for a modest sized upscale grocery, but find a new center unnecessary when a desireable space is already available nearby. We’re disappointed that the developer, the current owner and city haven’t worked together to rehab the old Ralph’s location and dilapidated mall on Washington and Calle Tampico. As you no doubt know, there is an existing good sized grocery pad and space for numerous retail spaces that are way under utilized. With modest change a 24 pump fuel center could be placed on the lot as well. The 50th and Jefferson location is objectionable to us and many of our neighbors in Palmilla, with our entrance almost across the street from the proposed center. The center would negatively impact our quality of life us in the following ways: Much more traffic and congestion on 50th and at the Jefferson intersection. The Palmilla egress would be especially impacted and difficult. Late night fast food drive thrus and gas pump intercoms... noise pollution some of which would pollute for 24 hrs daily. High intensity lighting creates light pollution, the Ralph’s Center across the street has plenty of that already. A larger than needed fuel center would serve hundreds of vehicles daily and further impact traffic on our busy intersection. If it were placed further North on Jefferson that would be Mitgate some of the congestion and be a possible alternative site. Restaurant emissions of smoke and smell such as exists along Hwy 111 between Stater Bros and Wells Fargo is unacceptable in any residential setting such as ours. The commotion and traffic created by the addition of this center would no doubt drive our property values down and in fact lead to lower property tax revenue. We urge the city to say NO to this proposal in favor of a better center on the space across from City Hall on Calle Tampico. J Kent Bailey Dana S Bailey 50415 Via Serenidad LaQuinta Ca 92253 206 890 5386 Cell 121 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Kent Bailey 50415 Via Serenidad La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Bailey: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment G-1: The 50th and Jefferson location is objectionable to us and many of our neighbors in Palmilla, with our entrance almost across the street from the proposed center. The center would negatively impact our quality of life us in the following ways: Much more traffic and congestion on 50th and at the Jefferson intersection. The Palmilla egress would be especially impacted and difficult. Late night fast food drive thrus and gas pump intercoms... noise pollution some of which would pollute for 24 hrs daily. High intensity lighting creates light pollution, the Ralph’s Center across the street has plenty of that already. Response G-1: The Mitigated Negative Declaration addresses the impacts of traffic on the Avenue 50 and Jefferson intersection. The project includes a full movement access point at the easterly driveway on Avenue 50. Vehicles exiting the shopping center on Avenue 50 would be able to turn left out of this driveway in order to go in the eastbound direction. There would be minimal U-turns at the Palmilla entrance on Avenue 50. Additionally, implementation of Mitigation Measure TRAF-1 would reduce impacts to less than significant levels. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is 122 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles 123 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. The fuel center will be in operation from 7 a.m. to 10 p.m. A lighting plan has been designed to result in no light spillage onto surrounding properties. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 124 As President of Palmilla HOA, a 159-single home development with a main entrance guard gate off of 50th just 500 feet west of Jefferson, our main concerns center around the traffic issues involved with this development. 1. The primary issue concerns location and the stacking capacity of the gas pumps. The gas station has the same number of dispensers as Costco, which implies sales of over 15,000 gallons per day. That translates into roughly 1,000 vehicles per day. However, the stacking design is not as long as the one at Costco that creates a potential bottleneck and interferes with the ingress and egress, thus backing up onto 50th Question: Can you explain your methodology and assumptions for the stacking lanes, especially during peak traffic times? We contend that the movement of the gas station 200 ft north on Jefferson can easily mitigate this issue. 2. Also at issue are concerns regarding the ingress/egress to our community from our main traffic gate on 50th. The current gas station location will force drivers to exit onto west bound traffic onto 50th. We believe that 50% of the new west bound traffic will U-turn at the entry into Palmilla to travel back east or back to Jefferson. (Via Palmilla is our street name.) Question: What were your estimates of U-turn activity and how were they based? We disagree with the EIR assessment and feel that a “no U turn sign” on 50th at our main entrance would discourage this, encourage people to exit onto Jefferson and prevent problems with our access. 3. The EIR indicated that noise issues would be mitigated yet it didn’t address whether the fuel dispensers will have the small TV’s (audible devises) on top showing minute commercials. This noise travels differently than normal ambient noise. Our homeowners nearest to the gas pumps will be adversely impacted if this is the case. Question: Can we be assured that the gas pumps discussed will not have these screens? If they do, what measures will be taken to mitigate this issue? We feel strongly that this type of audible advertising is intrusive in residential adjacent areas and should not be allowed. 4. When our community was being built, Avenue 50 was a two-lane road. Yes, we knew it was going to be widened but the result is that homes adjacent to the street have lost value due to the noise level. 125 Question: Is the city considering building a sound wall to or raising our community wall to mitigate the growing commercial and traffic noise issues. As the city grows and fills out, we feel that the pressure will increase from local residents to mitigate some of the impact. 5. The developer is anticipating up to 5 fast food restaurants and area residents are concerned about blowing trash. Question: What are the developer’s plans to mitigate this issue or will it reside with each fast food establishment? We would like some assurances that a plan is in place and responsibility assigned. 6. As we all know, there are many empty storefronts and restaurants in La Quinta. In addition to the 5 fast food restaurants, the plans call for two free standing bank branches (5,000 and 6,000 sq. feet) with drive-through windows. A report on NBC showed that big banks are still shuttering their locations. Citigroup closed 7 percent of North American branches year over year. And they are looking to take up less space. Technology is dramatically changing how they do business with the ability to do more transactions by computer and phone. We are concerned that this plan is overly ambitious and may wind up with empty commercial storefronts, obsolete bank buildings, and shuttered or less than desirable fast food alternatives. Question: How does the developer plan to roll out the build-out? In addition to the Pavilions market, gas station and convenience market, what other buildings will be built first? Will any other structures be built without a firm commitment from a store, restaurant or bank? What will the empty “pads” look like as we wait for the future commitments? We welcome the addition of the new. high quality grocery store. It will be an added benefit to those of us who live in the neighborhood. We just don’t want to live next to an empty shopping center or one that appears “failed” like others in the La Quinta community because they are overbuilt or not in demand (Sam’s Club, Ralph’s across from city hall, Jules, etc.) We are all proud to call La Quinta home and want it to reflect the appearance and values of our upscale community. 126 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Ken Hulbert, President Palmilla Homeowners Association ken.hulbert@daumcommercial.com SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Hulbert: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment H-1: The primary issue concerns location and the stacking capacity of the gas pumps. The gas station has the same number of dispensers as Costco, which implies sales of over 15,000 gallons per day. That translates into roughly 1,000 vehicles per day. However, the stacking design is not as long as the one at Costco that creates a potential bottleneck and interferes with the ingress and egress, thus backing up onto 50th Question: Can you explain your methodology and assumptions for the stacking lanes, especially during peak traffic times? We contend that the movement of the gas station 200 ft north on Jefferson can easily mitigate this issue. Response H-1: The proposed fuel center is not expected serve the needs beyond the immediate community and therefore will operate at significantly less volumes than the fuel center at Costco. As planned, there will be 12 pumping stations with the capacity for 12 additional cars in waiting, for a total of 24 car parked at any one time. Based on the proposed operator’s experience, the number of pumps and queue capacity are adequate to safely and conveniently handle expected volumes even at peak hours. Comment H-2: Also at issue are concerns regarding the ingress/egress to our community from our main traffic gate on 50th. The current gas station location will force drivers to exit onto west bound traffic onto 50th. We believe that 50% of the new west bound traffic will U-turn at the entry into Palmilla to travel back east or back to Jefferson. (Via Palmilla is our street name.) Question: What were your estimates of U-turn activity and how were they based? We disagree with the EIR assessment and feel that a “no U turn sign” on 50th at our main entrance would discourage this, encourage people to exit onto Jefferson and prevent problems with our access. 127 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Response H-2: The project includes a full movement access point at the easterly driveway on Avenue 50. Vehicles exiting the shopping center on Avenue 50 would be able to turn left out of this driveway in order to go in the eastbound direction. There would be minimal U-turns at the Palmilla entrance on Avenue 50. Comment H-3: The EIR indicated that noise issues would be mitigated yet it didn’t address whether the fuel dispensers will have the small TV’s (audible devises) on top showing minute commercials. This noise travels differently than normal ambient noise. Our homeowners nearest to the gas pumps will be adversely impacted if this is the case. Question: Can we be assured that the gas pumps discussed will not have these screens? If they do, what measures will be taken to mitigate this issue? We feel strongly that this type of audible advertising is intrusive in residential adjacent areas and should not be allowed. Response H-3: Audible advertising devises are to be restricted from the pump island. Comment H-4: When our community was being built, Avenue 50 was a two-lane road. Yes, we knew it was going to be widened but the result is that homes adjacent to the street have lost value due to the noise level. Question: Is the city considering building a sound wall to or raising our community wall to mitigate the growing commercial and traffic noise issues. As the city grows and fills out, we feel that the pressure will increase from local residents to mitigate some of the impact. Response H-4: Avenue 50 has been designated as a 4-lane divided roadway in the City’s General Plan and is currently mostly built to this designation. The project would build out the rest of the roadway per the General Plan designation. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. The noise study does not show the need for additional sound walls or raising the Palmilla community wall. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. 128 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum 129 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Comment H-5: The developer is anticipating up to 5 fast food restaurants and area residents are concerned about blowing trash. Question: What are the developer’s plans to mitigate this issue or will it reside with each fast food establishment? We would like some assurances that a plan is in place and responsibility assigned. Response H-5: The project proposes up to 3 drive throughs which would not necessarily all be fast food restaurants. With this submittal, the applicant has not proposed any fast food drive through restaurants. The applicant has indicated that housekeeping to maintain first class standards will be incorporated within the CC & R’s. Comment H-6: As we all know, there are many empty storefronts and restaurants in La Quinta. In addition to the 5 fast food restaurants, the plans call for two free standing bank branches (5,000 and 6,000 sq. feet) with drive-through windows. A report on NBC showed that big banks are still shuttering their locations. Citigroup closed 7 percent of North American branches year over year. And they are looking to take up less space. Technology is dramatically changing how they do business with the ability to do more transactions by computer and phone. We are concerned that this plan is overly ambitious and may wind up with empty commercial storefronts, obsolete bank buildings, and shuttered or less than desirable fast food alternatives. Question: How does the developer plan to roll out the build-out? In addition to the Pavilions market, gas station and convenience market, what other buildings will be built first? Will any other structures be built without a firm commitment from a store, restaurant or bank? What will the empty “pads” look like as we wait for the future commitments? Response H-6: In addition to the market, fuel center and convenience market, the initial build-out will include Shops 1 along the north end of the development. In addition, all the infrastructure for the development including all perimeter street improvements, sidewalks and landscaping will be completed with the initial development. Any building area not included with the initial build-out will be treated with a dust control agent and dressed out with decorative ground cover. 130 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 131 LETTER I April 22, 2017 Cheryl L. Flores Senior Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta CA, 92253 RE: INITIAL STUDY (IS) FOR THE COMMERCIAL PROJECT TO BE LOCATED ON THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50. Dear Ms. Flores: Please see the following comments regarding the IS for the above noted project. A) General Comment: The prepared Initial Study is a biased document, since it was commissioned by the applicant and it is only considering the additional (approximate) 20,000 q.ft. that has been added to the project, since the approval of the original Specific Plan (SP) in 1999. Please note that the entire project and its cumulative impacts of building a full shopping center shall be consider, since the original SP was prepared in 1999, where there was no development within two (2) square mile of the project (please see the County of Riverside GIS maps from 1996 & 2011 or see attached). B) Traffic Comments: Based on the Initial Study the traffic study was done in June 2017, and the traffic study refers to the preparation date as March of 2017 (page 14 of traffic study). Collecting the traffic data in June is not accurate, sine it is outside of the season and collecting the traffic data in March is not either, since it is at the tail end of the season. The traffic study is based on the first site plan that delineates an exit on Derek Allen; however, the final site plan does not show this exit. Therefore, the traffic study needs to be updated to show where the cars that "originally" were supposed to exit Derek Allen would go, what is their impact on the other driveway approaches (to and from the site), and on the overall site's circulation. The drive thru for building number two (2) shall be redesign. The proposed design will not work. The turning radius is too sharp and the space is very limited; therefore, the cares need do a three-point turn and back up into the main drive aisle in order to get to the drive thru. This will create a safety problem. Page 1 of 6 1-1 [IVA 132 C)Lighting Comments: The site proposes 14, 40-foot light poles. 40' is the height of a three and half story building. The proposed height is not acceptable for commercial centers that are abutting residential neighborhoods. D)Noise Comments: The noise study states that: "It is assuming that the development will not operate through the night" (page 3 of noise study). This assumption is wrong, since based on the Specific Plan the convenience store will operate from 5:00 am to 12:00 (until midnight). Therefore, the proposed mitigation measures will not mitigate the noise pollution, since the mitigation measures only may reduce the noise during day and not addressing the noise during night. The noise data was collected from 4:50 pm to 5:50 pm on May 30, 2017 (page 5 of Noise Study). The data (table 2, page 9 of Noise Study) indicates that the noise level exceeds 50 db. (please note 50 db. is the acceptable noise level for sensitive land uses such as residential uses). Even with applying the mitigated measures, the noise level will exceed acceptable noise level (50 db.) for sensitive uses such as residential uses. All above noted issues will impact on the health and the quality of life of the people living adjacent to the proposed Center. Therefore, I respectfully request the City to response to my comments and perhaps update the above noted studies to reflect the actual situation. Should you have any questions please feel free to contact me. Sincerely, L�i�� 49590 Ali Ct La Quinta CA, 92253 leilanamvar@yahoo.com Cc: Linda Evans, Mayor of La Quinta Kathleen Fitzpatrick, Mayor Pro Tern John Pena, Council Member Robber Radi, Council Member Steve Sanchez, Council Member Page 2 of 6 133 134 135 136 137 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Leila Namvar 49590 Ali Ct La Quinta, CA 92253 leilanamvar@yahoo.com SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Leila: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment I-1: The prepared Initial Study is a biased document, since it was commissioned by the applicant and it is only considering the additional (approximate) 20,000 q.ft. that has been added to the project, since the approval of the original Specific Plan (SP) in 1999. Please note that the entire project and its cumulative impacts of building a full shopping center shall be consider, since the original SP was prepared in 1999, where there was no development within two (2) square mile of the project (please see the County of Riverside GIS maps from 1996 & 2011 or see attached). Response I-1: The Lead Agency determined that it was appropriate to consider the additional square footage added to the project as allowed by CEQA Section 15162 regarding subsequent environmental analysis. Since the project has already been approved previously and no substantial changes to the project were proposed, the analysis of the additional square footage was appropriate. Cumulative impacts were based on the analysis of the City’s 2035 General Plan since the project site is zoned and general planned for commercial use; therefore, the project would have been considered in the General Plan EIR. Comment I-2: Based on the Initial Study the traffic study was done in June 2017, and the traffic study refers to the preparation date as March of 2017 (page 14 of traffic study). Collecting the traffic data in June is not accurate, sine it is outside of the season and collecting the traffic data in March is not either, since it is at the tail end of the season. The traffic study is based on the first site plan that delineates an exit on Derek Allen; however, the final site plan does not show this exit. Therefore, the traffic study needs to be updated to show where the cars that "originally" were supposed to exit Derek Allen would go, what is their impact on the other driveway approaches (to and from the site), and on the overall site's circulation. 138 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 The drive thru for building number two (2) shall be redesign. The proposed design will not work. The turning radius is too sharp and the space is very limited; therefore, the cares need do a three-point turn and back up into the main drive aisle in order to get to the drive thru. This will create a safety problem. Response I-2: The Mitigated Negative Declaration discussed the impacts of the closure of the Derek Alan Drive driveway. The closure has little to no impact on-site circulation or on- street circulation/access. A limited number of residents living in the surrounding residential neighborhood would be impacted by the closure since they would have to drive on arterial streets (Jefferson St. and Avenue 50) to access the project rather than being able to access the project directly from Derek Alan Drive. Regarding on-street circulation, it is unlikely that northbound Jefferson Street motorists destined to the Shopping Center would drive past the left-turn access driveway on Jefferson Street to turn on to Derek Alan Drive only to have to make another left-turn into the site. Likewise, it is unlikely that southbound Jefferson Street traffic would turn right in large numbers on to Derek Alan Drive in order to make a sharp left-turn to enter the far corner of the Shopping Center when they can just continue straight on Jefferson and make a right-turn at one of the other project driveways closest to their destination within the Center. The applicant will be conditioned to redesign the entry to the drive thru at Building 2. The plan does meet the minimum driveway width required of 12 ft. Comment I-3: The site proposes 14, 40-foot light poles. 40' is the height of a three and half story building. The proposed height is not acceptable for commercial centers that are abutting residential neighborhoods. Response I-3: The site is zoned for Community Commercial use which allows a maximum building height of 40 ft. The parking lot design standards in Municipal Code Section 9.150.100 state that light poles in the parking areas are allowed to be the same height as allowed in the underlying zone or 18 ft., whichever is greater. The light poles would be allowed to be 40 ft. per this section of the code. Additionally, the lighting plan for the project shows that there would be no light spillage onto surrounding properties. Comment I-4: The noise study states that: "It is assuming that the development will not operate through the night" (page 3 of noise study). This assumption is wrong, since based on the Specific Plan the convenience store will operate from 5:00 am to 12:00 (until midnight). Therefore, the proposed mitigation measures will not mitigate the noise pollution, since the mitigation measures only may reduce the noise during day and not addressing the noise during night. The noise data was collected from 4:50 pm to 5:50 pm on May 30, 2017 (page 5 of Noise Study). The data (table 2, page 9 of Noise Study) indicates that the noise level exceeds 50 db. (please note 50 db. is the acceptable noise level for sensitive land uses such as residential uses). Even with applying the mitigated measures, the noise level will exceed acceptable noise level (50 db.) for sensitive uses such as residential uses. 139 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Response I-4: The City’s Noise Ordinance shows that normal acceptable levels in residential areas are up to 60 dB. Noise limits are 65 dBA from 7 am to 10 pm. The hours of operation for the fuel center would be 7 a.m. to 10 p.m. The projected noise levels from the shopping center would not exceed the normal acceptable levels of 60 dBA or the noise limits in the City’s ordinance of 65 dBA. Additionally, the Mitigated Negative Declaration incorporated mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools 140 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 141 April 23, 2018 La Quinta City Council and Planning Commission La Quinta City Hall, 78495 Calle Tampico, La Quinta, California Ladies and Gentlemen, Thank you for the opportunity to provide feedback on the proposed Pavilion Palms development located at the Northwest corner of Avenue 50 and Jefferson. As it is currently designed, the development will adversely affect the neighboring communities of Palmilla, Renaissance, Mountain View, Citrus, and Estancia. The plan should undergo close scrutiny and extensive modification to minimize noise, light and air pollution, as well as traffic and telecommunications overload. At a minimum, the fuel center/mini mart and five drive through buildings should be eliminated from the plans for several reasons. Noise/light pollution/air quality •Light pollution from the 24 hour operation of a fuel center. •Noise levels from intercoms and drive through service windows. •Off hour and frequent deliveries to a large Pavilions market and restaurants will cause continuous disturbances for the adjacent residences. •Emissions from fast food restaurants and cars idling at drive through service windows will diminish the air quality. Traffic/telecommunication overload •Ave 50 and Jefferson intersection is already heavily traveled and the addition of 300+ cars will create an unsafe traffic egress due to the poorly planned location of the fuel center •There is no transit stop nearby and vehicular traffic will intensify. •Both Avenue 50 and Jefferson are main access routes during festival season and events with high traffic congestion. •Existing telecommunication service in this part of La Quinta is already suboptimal and more development will add to an existing problem. A "LA-Style" strip mall of this magnitude at this location diminishes property values and does not truly fit the small town La Quinta lifestyle. A development with a "village vibe" and farmers market style amenities would better suit the needs and aesthetics of the community. With so much vacant commercial space within the city of La Quinta, we request that the Planning Commission significantly downsize this proposed development and keep large scale commercial developments within the Highway 111/Washington Street corridors. Thank you for your consideration. rec Robert L g 50460 Via Amante La Quinta, CA. 92253 142 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Robert and Marilyn Lang 50460 Via Amante La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. and Ms. Lang: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment J-1: Noise/light pollution/air quality • Light pollution from the 24 hour operation of a fuel center. • Noise levels from intercoms and drive through service windows. • Off hour and frequent deliveries to a large Pavilions market and restaurants will cause continuous disturbances for the adjacent residences. • Emissions from fast food restaurants and cars idling at drive through service windows will diminish the air quality. Response J-1: Impacts from noise, light pollution and air quality were considered in the project’s Mitigated Negative Declaration. The fuel center operating hours will be limited to the hours of 7 a.m. to 10 p.m. Additionally, the project’s lighting plan shows that there would be no light spillage onto surrounding properties. Mitigation measures will be implemented during project construction and operations to reduce impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. 143 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Comment J-2: Traffic/telecommunication overload • Ave 50 and Jefferson intersection is already heavily traveled and the addition of 300+ cars will create an unsafe traffic egress due to the poorly planned location of the fuel center 144 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 • There is no transit stop nearby and vehicular traffic will intensify. • Both Avenue 50 and Jefferson are main access routes during festival season and events with high traffic congestion. • Existing telecommunication service in this part of La Quinta is already suboptimal and more development will add to an existing problem. Response J-2: The proposed project has been planned for in the City’s General Plan and was factored into the growth projections of the General Plan. The Mitigated Negative Declaration evaluated traffic impacts and incorporated Mitigation Measure TRAF-1 to reduce traffic impacts. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Additionally, the City continuously coordinates with Sunline Transit Agency to identify opportunities for transit stop locations. At this time, no transit stops are needed, however, that may change in the future. Telecommunication services are continuously being updated as available. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 145 Page 1 of 2 April 20, 2018 La Quinta – Renaissance Cheri L. Flores clflores@la-quinta.org Senior Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253 Dear Ms. Flores, As a resident of Renaissance at La Quinta, please accept my respectful opposition of the proposed Pavilion Palms Development on the corner of Jefferson and Ave 50th. Although I appreciate the right of the builder to develop his commercially zoned property, I strongly oppose to the type of use and the potential negative impact on those neighborhoods surrounding the project as well as the City of La Quinta as a whole. The City of La Quinta’s General Plan 2035, among other things, aims to reduce air pollution and greenhouse gasses, to provide high quality community design, to promote efficient use of car, to advocate for expansion of other non-motorized means of transportation, to encourage transportation options that do not rely as much on the automobile, and to improve the health of residences by promoting healthy living practices. The proposed commercial project is upsettingly auto oriented. It is more suitable for the I-10 corridor or Highway 111, not a neighborhood community. The project (among other retail uses) is proposing 2 drive-thru fast food facilities, a late night gas station and mini mart selling alcoholic beverages similar to that proposed on the corner of Washington and avenue 50 a few years back, which was not approved. I do not believe you will find any type of similar development with a gas station, mini mart and fast food drive-thru restaurants off of the Hwy 111 corridor in La Quinta. I don’t believe this location should be the first for our beautiful City or neighbors. Concerns from our neighbors as it relates to noise, increased traffic and its impact on air quality; lighting from a late night gas station, minimart and fast food restaurants; possible increase in crime and an impacted view of the Santa Rosa Mountains are just a few reasons this project should be removed from consideration. Also, as we understand from our April 11th meeting which the developer himself attended, the proposed project does not meet the approved requirements in regards to square footage and density. As a result, an amendment to the approved additional environmental review is needed. 146 Page 2 of 2 Please note the developer has a shopping center within the City of Indio (Showcase at Indio Shopping Center). That center is not being maintained properly. The center is full of trash and debris, with vacant dirt pads that are partially covered with weeds. The trash enclosures are dirty and full of trash. The buildings’ paint is faded and 30% of the parking lot trees are either missing or dead. There are shops with boarded and broken windows. It should also be noted that the Center has not been completed since its approval on 2006 and there are still several empty pads including an empty anchor, Super Target, which closed over a year ago. During our meeting with the Developer on Wednesday April 11th, he stated that he only has the Pavilions committed and once again we could end up with the same scenario as indicated above. Less than half occupied and dying landscape. We already have this at the closed Sam’s club location. An empty warehouse, closed gas station and dying landscape. I would like to add that approving this project, the way it has been proposed, will be a huge missed opportunity for the City of La Quinta and the community as whole. The Applicant does not live in our City or even in the Valley. The Applicant owns a great piece of commercial real estate in La Quinta and plans to build it for financial gain “ONLY”, without paying attention to the City’s General Plan and/or basic elements of urban planning. I find this project to be a public health and safety risk for the citizens and visitors of the great City of La Quinta. I do encourage you to review this proposal thoroughly and reject it to be re-designed and to conform to the City’s General Plan. Should you have any questions please feel free to contact me directly. Respectfully, Steven Cenicola 79963 Julee court La Quinta, CA. 92253 scenicola@thevintageclub.com Cc: Linda Evans, Mayor of La Quinta Kathleen Fitzpatrick, Mayor Pro Tem Avail Property Management 147 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Steve Cenicola 79963 Julee Court La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Cenicola: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment K-1: Concerns from our neighbors as it relates to noise, increased traffic and its impact on air quality; lighting from a late night gas station, minimart and fast food restaurants; possible increase in crime and an impacted view of the Santa Rosa Mountains are just a few reasons this project should be removed from consideration. Response K-1: The Mitigated Negative Declaration evaluated impacts regarding noise, traffic, air quality and lighting. Regarding noise, hours of operation in the center would be limited to 7 a.m. to 10 p.m. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. 148 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Regarding traffic and air quality, Mitigation Measures will be implemented to reduce impacts to less than significant levels. 149 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: • All construction equipment shall be maintained in good operating condition, and shall be properly serviced and repaired as needed. ꞏ • Prior to the issuance of the first grading permit, the project proponent shall demonstrate, or cause to be demonstrated to the Community Development Department that all construction equipment to be utilized shall be low emission, or how the use of low emission construction equipment is infeasible. • Low VOC paints, primers and coatings shall be required for all buildings on the project site. All paints shall be applied using either a high volume/low pressure spray or by hand. • The proposed project shall provide a bus turnout, shelter and associated improvements on Jefferson Street and on Avenue 50, unless Sunline Transit provides written confirmation-that no such turnout(s) or shelters are needed. • As required by the Municipal Code, the businesses operating within the proposed project shall conform to the Transportation Demand Management requirements in place at the time they begin operation. • Deliveries to the project site shall occur during off-peak periods. Mitigation Measures: AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. (added per request by South Coast Air Quality Management District) AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. (added per request by South Coast Air Quality Management District) Additionally, a lighting plan has been designed to result in no light spillage onto surrounding properties. Comment K-2: Also, as we understand from our April 11th meeting which the developer himself attended, the proposed project does not meet the approved requirements in regards to square footage and density. As a result, an amendment to the approved additional environmental review is needed. Response K-2: The applicant has prepared a Specific Plan Amendment and updated Mitigated Negative Declaration for the proposed project which addresses the increase in 150 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 square footage. The Mitigated Negative Declaration was circulated for public review March 23, 2108 through April 23, 2018. Additionally, the maximum Floor Area Ratio (FAR) allowed under the Community Commercial Zone is 0.30, which would allow up to approximately 162,000 square feet. The project proposes approximately 122,000 square feet, which results in a FAR of 0.22. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 151 Sunl1ne TRANSIT AGENCY A Public Agency April 20, 2018 Cheri Flores, Senior Planner City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Pavilion Palms Dear Ms. Cheri Flores: MEMBERS: Desert Ho t Springs Palm Springs Ca thedral City Rancho Mirage Palm Desert Indian Wells La Quinta Indio Coachella Riverside County This letter responds to your request for comments regarding the proposed Pavilion Palms located on the northwest corner of Jefferson Street and Avenue 50 within the La Quinta. The SunLine Transit Agency (SunLine) staff has reviewed the project and offers the following comments. SunLine staffs assessment conclu des the proposed project will have no impact on transit services. Please keep staff informed of any approvals and/or future changes to the proposed project so we can keep all existing bus stops and services routes current. Additionally, if there is a need for transit service and/or transit amenities in the future, SunLine staff will coordinate it with the City of La Quinta. Should you have questions or concerns regarding this letter, please contact me at 760-343- 3456, ext. 1603. Transit Communications Service Specialist cc: Lauren Skiver, General Manager Stephanie Suriel, Deputy Chief of Administration 32-505 Harry Olive r Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-1986 www.sunline.org 152 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 April 23, 2017 Anita Petke, Transit Communications Service Specialist 32-505 Harry Oliver Trail Thousand Palms, CA 92276 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Anita: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment L-1: SunLine staff’s assessment concludes the proposed project will have no impact on transit services. Please keep staff informed of any approvals and/or future changes to the proposed project so we can keep all existing bus stops and services routes current. Additionally, if there is a need for transit service and/or transit amenities in the future, SunLine staff will coordinate it with the City of La Quinta. Response L-1: Thank you for your comments. The City will continue to work with Sunline on transit service coordination. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta 153 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND Revisions in Response to Comments Received Revisions have been made to the text of the Draft MND in response to comments received during the public review period from South Coast Air Quality Management District regarding air quality mitigation measures and in response to revisions in the traffic study. The added air quality mitigation measures reflect typical practices that have been updated since the previous MND was certified in 1999. The addition of this text does not constitute a substantial revision per Section 15073.5 (c)(1) of the CEQA Guidelines. All revisions to the Draft EIR are done with new text being underlined, and deleted text stricken through. Text to be added to Section 1 Introduction, page 1: July 2019 Revision Note: An additional traffic study was conducted at the request of the City. The results are included in Appendix F and Section XVI. The results of the study revealed no additional impacts. Text to be added to Section 4-III Air Quality, Mitigation Measures, page 25 and to Section 5, Summary of Mitigation Measures, page 80: AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. Text to be added to Section 4-XVI Transportation/Traffic, page 69: An updated traffic study was completed in July 2019 per the request of the City to study additional intersections (Appendix E). The 2017 Traffic Study studied the intersection of Jefferson Street and Avenue 50. The 2019 Traffic Study analyzed the following intersections: • Jefferson Street at Avenue 48 • Jefferson Street at Avenue 49 • Avenue 50 at Park Avenue • Jefferson Street at Avenue 50 • Avenue 50 at Madison Street • Jefferson Street at Pomelo 154 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND • Jefferson Street at Avenue 52 • Jefferson Street at N project driveway • Avenue 50 at E project driveway To analyze the “existing conditions + project traffic” scenario, the expected project trips were added to the existing traffic volumes at the study intersections according to the anticipated project trip distribution, while the pass-by project trips are added back into the traffic volumes only at the project driveways. Additional traffic from a planned expansion of the existing Citrus Plaza, located across Jefferson Street from the proposed Project site, was also added to the opening day traffic volumes, based on project details obtained from the applicant developer and City of Indio staff, to ensure cumulative traffic impacts were analyzed. The 2019 Traffic study identified that all of the Project intersections operate at a similar level of service, with the Project or without the Project, and including ambient growth and growth from the neighboring Citrus Plaza. Text to be revised in Section 4-XVI Transportation/Traffic, page 71: The July 2017 traffic study indicated that without the project, the intersection of Jefferson Street and Avenue 50 will operate at LOS D, assuming a 2 percent ambient growth rate in the area (Albert Grover and Associates, July 27, 2017, Appendix E, Table 3). Assuming the ambient area growth, plus the new expected project trips, as well as the additional westbound through lane capacity, and implementation of Mitigation Measure TRAF-1 and project improvements listed above, the intersection of Jefferson Street and Avenue 50 is expected to operate at its current LOS D, which is an acceptable level of service per the General Plan and EB 06-13., and the proposed full-access driveway on Avenue 50 will operate at LOS A at opening day conditions. However, some delays are expected for vehicles entering traffic on Jefferson Street and Avenue 50 from the project driveways, which are expected to operate at LOS E during the PM peak hour. Per EB 06-13, however, this is considered acceptable traffic operations conditions for a stop control at a driveway location. Therefore, the impact of this criterion is anticipated to be less than significant with mitigation. The results of the 2019 Traffic Study identified that all the additional intersections studied with the Project, without the Project, and with the ambient growth of the area, including the Citrus Plaza development, will continue to operate LOS D during AM and PM peak hours, which is the same operating condition without the Project. The impact of this criterion is anticipated to be less than significant with the incorporation of Mitigation Measure TRAF-1 as previously identified. 155 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development THE FOLLOWING REPRESENTS THE CITY’S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE MITIGATED NEGATIVE DECLARATION FOR EA2017-0006 CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 1 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS AESTHETICS AES-1 Provide shielding for the dual head pole in the southwest corner as per the lighting design engineering recommendations. AIR QUALITY AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. AIR-2: AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. BIOLOGICAL RESOURCES BIO - 1: Any grubbing, brushing or tree removal should be conducted outside of the State identified nesting season for migratory birds, which is typically March 15 through September 1. 156 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 2 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 BIO – 1 (continued): If work cannot be conducted outside of nesting season, a migratory nesting bird survey within and adjacent to the project site shall be conducted by a qualified biologist within three (3) days prior to initiating the construction activities. If active nests are found during the pre-construction nesting bird surveys, a Nesting Bird Plan (NBP) will be prepared and implemented. At a minimum, the NBP will include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The NBP will include a copy of maps showing the location of all nests and an appropriate buffer zone around each nest sufficient to protect the nest from direct and indirect impact. The size and location of all buffer zones, if required, shall be determined by the biologist, and shall be based on the nesting species, its sensitivity to disturbance, and expected types of disturbance. The nests and 157 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 3 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS BIO – 1 (continued): buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist has determined the young birds have successfully fledged and a monitoring report has been submitted reviewed and approved by the City of La Quinta 158 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 4 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS CULTURAL RESOURCES CUL-1: Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered: • The archaeological monitor shall notify the project foreman • The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated • All work in the vicinity of the find shall halt • Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist 159 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 5 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS CUL-2: Grading activities shall be overseen by a qualified paleontological monitor. Paleontological monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors will be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring will be reduced if the potentially fossiliferous units as described by the San Bernardino County Museum, Division of Earth Sciences May 2, 2017 report are not present, or if present are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. CUL-3: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition 160 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 6 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS CUL-3 (continued): pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. GEOLOGY AND SOILS GEO-1 Prior to grading plan approval, submit for review and approval by the City Engineer, a PMl0 management plan. GEO-2 For portions of the site not immediately under construction, ensure the stabilization of soils through the use of soil cement or re-vegetation, frequent watering. including watering during the evening and weekends during significant wind events; street sweeping or washing during construction, and the chemical stabilization of unpaved construction roadways. 161 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 7 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS HAZARDS AND HAZARDOUS MATERIALS HAZ – 1 A hazardous spill prevention plan shall be prepared by the Applicant and submitted to the City for approval to minimize the likelihood of a spill shall be prepared prior to construction. The plan shall state the actions that would be required if a spill occurs to prevent contamination of surface waters and provide for cleanup of the spill. The plan shall follow Federal, state, and local safety guidelines and standards to avoid increased exposure to these pollutants. HAZ – 2 If a contaminated area is encountered during construction, construction shall cease in the vicinity of the contaminated area. The construction contractor shall notify all appropriate authorities, including the EPA and the City. If necessary, the contaminated site shall be remediated to minimize the potential for exposure of the public and to allow the Project to be safety constructed. 162 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 8 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS HYDROLOGY AND WATER QUALITY HYD-1 Prior to Project approval, the Project Applicant shall prepare a Water Quality Management Plan that shall, at minimum, include the following: • Identifies all project related pollutants, impacts to the site’s hydrologic condition, and potential impacts to local waterways caused by Project post-construction runoff; • Identifies BMPs required to remove pollutants from the Projects’ post construction runoff and prevent downstream hydromodification; • Identifies parties responsible for long term operation and maintenance activities of all BMPs; • Identifies the design, operation and maintenance of the underground stormwater collection system. 163 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 9 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOISE NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. 164 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 10 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: • Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier as close to the device; • Reduce the number of audible devices, such as one device to serve two drivethroughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise- producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. 165 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 11 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m. 166 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 12 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m. 167 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: ASSESSORS PARCEL NO.: 602-180-004 CASE NO.: SP2017-0002, SDP2017-0009, TPM2017-0003 PROJECT LOCATION: NWC Jefferson and Ave 50. EA/EIR NO: 2017-0006 APPROVAL DATE: In Process APPLICANT: Lundin Development CITY OF LA QUINTA - MONITORING PROGRAM FOR CEQA COMPLIANCE Page 13 of 13 Lundin Development: APN 602-180-004 / Case No. SP2017-0002 MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS TRAFFIC TRAF-1 Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. TRIBAL AND CULTURAL RESOURCES TRC-1 Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities. 168 PLANNING COMMISSION RESOLUTION 2019 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SPECIFIC PLAN AMENDMENT, TENTATIVE PARCEL MAP, AND SITE DEVELOPMENT PERMIT FOR THE PAVILION PALMS SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50. CASE NUMBERS: SPECIFIC PLAN 2017-0002 TENTATIVE PARCEL MAP 2017-0003 SITE DEVELOPMENT PERMIT 2017-0009 APPLICANT: LUNDIN DEVELOPMENT COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 10th day of December, 2019, hold a duly noticed Public Hearing to consider a request by Lundin Development Company for approval of the Pavilion Palms Shopping Center, generally located at the northwest corner of Jefferson Street and Avenue 50, more particularly described as: APN 602-180-004 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 20, 2019 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on October 8, 2019 to consider this project and continued the Public Hearing, to allow the applicant time to revise the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on June 26, 2018 to consider this project and continued the Public Hearing, to allow the applicant time to revise the traffic study and include an analysis of other intersections in the area; and 1 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 2 of 9 Specific Plan (Amendment) 2017-0002 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan: 1. Consistency with General Plan The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that it will result in the development of an approximate 119,182 sq. ft. shopping center which is permitted in the General Commercial land use designation. The proposed project is consistent with the following Goals and Policies: • Goals LU-6 and ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. • Policy LU-2.2 which requires Specific Plans for projects proposing flexible development standards that differ from the Zoning Ordinance. This project proposes variations from several development standards therefore a Specific Plan is appropriate for the project. • Policy CIR-1.12 to reduce vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City by the development of a land use pattern that maximizes interactions between adjacent or nearby land uses. This project proposes a shopping center near residences which would provide jobs near housing and provide goods and services near residences to shorten vehicle miles traveled. • Policy CIR‐2.3 to develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi-use paths to places of employment, recreation, shopping, schools, and other high activity areas by providing 2 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 3 of 9 sidewalks on Avenue 50 and Jefferson Street along the project’s frontage as well as walkable areas within the project site. • Policy SC-1.6 to expand the City’s alternative transportation network by providing sidewalks along Avenue 50 and Jefferson Street to connect gaps in the City’s sidewalk system. • Program PR-1.8.c: to promote and improve public access to farmers markets and grocery stores that sell fresh produce and healthy foods with the establishment of a supermarket at the site. • Policy AQ‐1.6 which states that proposed development air quality emissions of criteria pollutants shall be analyzed under CEQA. The project’s MND analyzed these and determined that mitigation measures would reduce impacts to less than significant levels. • Policy BIO-1.2 which states that site‐specific, species-specific surveys shall be required for species not covered by the MSHCP. The project’s MND includes mitigation that requires pre-construction surveys for burrowing owl, which is not a covered species under the MSHCP. • GOAL CUL-1 which supports protection of significant archaeological, historic and paleontological resources which occur in the City. The project’s MND includes mitigation measures to include a tribal monitor during ground disturbing activities. • GOAL N‐1 which supports a healthful noise environment which complements the City’s residential and resort character. The project’s MND includes mitigation measures to reduce noise impacts to less than significant levels. 3 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 4 of 9 • GOAL GEO-1 which supports the protection of the residents’ health and safety, and of their property, from geologic and seismic hazards. The project’s MND determined that with implementation of required building and seismic code standards, the project would have a less than significant impact on geological resources. • Policy FH-1.3 which states that the City shall continue to implement development standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. The project is consistent with this policy since underground retention will be provided that will contain the 100 year storm for the site. • Policy PF‐1.3 which states that the City shall identify all viable financing mechanisms for the funding of construction, maintenance and operation of municipal facilities. The project will be required to pay development impact fees which is a funding mechanism for municipal facilities and public services. • The project conceptual landscape design is consistent with Goal WR-1 and Policy UTL-1.2 as it will result in the efficient use and conservation of the City’s water resources. 2. Public Welfare Approval of the proposed Specific Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare. The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 5 of 9 3. Land Use Compatibility The proposed Specific Plan incorporates a land use that is compatible with zoning on adjacent properties. The property will continue to be zoned as Community Commercial which is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of multi-neighborhood area. 4. Property Suitability The uses permitted in the Specific Plan are suitable and appropriate for the subject property in that the site is relatively flat, vacant, and the area can be served by all necessary public services and utilities. The proposed project is located at the intersection of arterial streets and provides convenience to goods and services to residential neighborhoods in the vicinity. Tentative Parcel Map 2017-0003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. Tentative Parcel Map 37370 is consistent with the La Quinta General Plan, and Specific Plan 2017-0002 as proposed. The Tentative Parcel Map is consistent with the General Commercial land use designation as set forth in the General Plan, and as set forth in Specific Plan 2017-0002. 2. The design and improvement of Tentative Parcel Map 37370 is consistent with the La Quinta General Plan, and Specific Plan 2017- 0002 with the implementation of recommended conditions of approval. 3. The design of Tentative Parcel Map 37370 and proposed 5 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 6 of 9 improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. The design of Tentative Parcel Map 37370 and type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The site of the proposed subdivision is physically suitable for the type of development and proposed density of development given the site’s location at the corner of two arterial roadways and the site is relatively flat, vacant, and can be served by all necessary public services and utilities. 6. The proposed subdivision is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 7. The design and improvements required for Tentative Parcel Map 37370 will not conflict with easements, acquired by the public at large, for access through or use of the property. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. Site Development Permit 2017-0009 6 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 7 of 9 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City’s General Plan policies relating to General Commercial encourage shopping centers in the City, and the proposed use maintains those policies. The proposed project is consistent with Goal ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the purpose and intent of the Community Commercial District as well as the development standards of the City’s Zoning Code and Specific Plan 2017-0002 in terms of architectural style and landscaping. The project satisfies the District’s intent to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of multi-neighborhood area. The project is generally consistent with the non-residential development standards and permitted use table, except deviations that include requested reductions from landscape setback standards, increased retail building size, and allowance of automotive service station as a permitted use. These development standard and land use deviations may be approved with the Specific Plan Amendment. 3. Compliance with CEQA The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has 7 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 8 of 9 determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. Site Design The site design of the project including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 8 Planning Commission Resolution 2019 - Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 9 of 9 SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the Planning Commission hereby recommends to the City Council approval of Specific Plan 2017-0002, Tentative Parcel Map 2017- 0003 and Site Development Permit 2017-0009. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 10th day of December, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ MARY CALDWELL, Chairperson City of La Quinta, California ATTEST: _________________________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 9 10 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 1 OF 2 SPECIFIC PLAN 2017-0002 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 2017-0002 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of Specific Plan 2017- 0002, these conditions shall take precedence. 3. Specific Plan 2017-0002 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: Environmental Assessment 1998-375 and 2017-0006 Tentative Parcel Map 2017-0003 (TTM 37370) Site Development Permit 2017-0009 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4. Within 30 days of City Council approval, applicant shall provide an electronic copy (.pdf) and three bound paper copies of the Final Specific Plan document to the Design and Development Department. The Final Specific Plan shall include all text and graphics, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Manager. 5. Fuel center operating hours shall be limited to 7:00 a.m. to 10:00 p.m. as stated in the Specific Plan. Any changes that need to be made to these hours after approval of the Specific Plan shall be subject to approval by the Design and Development Director. 6. Representatives from tribes within the project vicinity commented and have requested the following considerations: 1 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 2 OF 2 A. The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be onsite during any ground disturbing activities (including archaeological testing and surveys). B. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. 2 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 1 of 27 Note: Revised and added conditions per previous public hearings are highlighted. GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Site Development Permit 2017-0009 shall comply with all applicable conditions for the following related approval(s): Environmental Assessment 2017-0006 Tentative Parcel Map 2017-0003 (Tentative Parcel Map 37370) Specific Plan 2017-0002 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Director of Design and Development shall adjudicate the conflict by determining the precedence. 3. Pad Buildings 1, 2, 3, 6, 8, and 9 shall require, prior to construction of any structures, a Site Development Permit to be reviewed and approved by the Planning Commission at a public hearing. 4. The Site Development Permit shall expire two years from City Council approval and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality 1 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 2 of 27 Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • La Quinta Planning Division • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 7. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. 2 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 3 of 27 The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. D. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required. 8. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred 3 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 4 of 27 by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R’s for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an “AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY” form located at the Public Works Department Counter prior to Certificate of Occupancy. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, site development permit, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street (Major Arterial) – 64 feet from the centerline 4 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 5 of 27 of Jefferson Street for a total 128-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 50 (Primary Arterial) – 54 feet from the centerline of Avenue 50 for a total 108-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the rough grading plans submitted for plan checking, an offsite street geometric layout, drawn at 1” equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 16. When the City Engineer determines that access rights to the proposed street rights-of-way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such right-of- way, the applicant shall grant the necessary right-of-way within 60 days of a written request by the City. 17. The applicant shall create perimeter landscaping setbacks along all public rights-of-way as follows: A. Jefferson Street (Major Arterial) – Minimum 18-foot from the R/W- P/L. B. Avenue 50 (Primary Arterial) – Minimum 18-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. 5 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 6 of 27 The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately-owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 18. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 19. Direct vehicular access to Jefferson Street and Avenue 50 is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map 20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 22. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 23. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 24. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS 6 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 7 of 27 1) Jefferson Street (Major Arterial) a. Widen the west side of the street along frontage as necessary in order to accommodate deceleration/right turn only lanes serving the two entrances to the project. b. Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. c. Class II bike lane as approved by the City Engineer d. Applicant shall pay cash fee to reimburse City for sidewalk improvements made to applicant’s frontage through the City’s Capital Improvement Program. 2) Avenue 50 (Primary Arterial) a. Widen the north side of the street along all frontage to the project boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Street widening improvements shall include all appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b. A deceleration/right turn only lane serving the entrances to the project as approved by the City Engineer c. 12-foot wide landscaped median along the entire boundary of the project plus variable width as needed to accommodate for a left turn lane into the easterly Avenue 50 project entry and for a left turn lane for eastbound Avenue 50 traffic at the intersection of Avenue 50 and Jefferson Street as approved by the City Engineer. d. Class II bike lane as approved by the City Engineer 7 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 8 of 27 e. 6-foot wide sidewalk—The applicant shall revise the site plan and landscape plan to include a non-curb adjacent 6-foot wide sidewalk along Avenue 50 at a minimum distance of 4 feet from the street curb. The site plan and landscape plan shall be reviewed and approved by the City Engineer and Planning Manager prior to construction. f. The applicant is responsible for the cost to design and install dual eastbound left turn lanes to northbound Jefferson Street when determined by the City Engineer and a traffic study prepared for the applicant per Engineering Bulletin #06-13 that the left-turn volumes cannot be adequately served by the single left-turn lane. Applicant shall enter into a SIA to post separate security for the cost to design and install the dual eastbound left turn lanes. This obligation will remain in effect for 10 years after recordation of the final map unless otherwise approved by the City Engineer. 3) Jefferson Street/Avenue 50 Intersection: All necessary traffic signal modifications in the northwest quadrant of the intersection and any other modifications warranted by the timing and traffic generation of this development. 4) Other required improvements in the right-of-way and/or adjacent landscape setback area include: all appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant is responsible for construction of all improvements mentioned above. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 25. General access points and turning movements of traffic are limited to the following: 8 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 9 of 27 Jefferson Street (northerly): Right turn in, right turn out, and left turn in movements are permitted. Left turn out movements are prohibited. Jefferson Street (southerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (westerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (easterly): Full turn movements in and out are allowed. 26. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING LOTS and ACCESS POINTS 27. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. 9 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 10 of 27 Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c /5.5" c.a.b. Loading Areas 6” P.C.C./4” c.a.b. or the approved equivalents of alternate materials per the City Engineer. 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 30. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California. 10 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 11 of 27 32. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On-Site Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1” = 40’ Horizontal C. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off-Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off-Site Signing & Striping Plan 1” = 40’ Horizontal The Off-Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On Site Sewer and Water Improvement Plan 1" = 40' Horizontal H. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical I. On-Site Precise Grading Plan 1” = 30’ Horizontal 11 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 12 of 27 (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Design and Development Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. “On-Site Precise Grading” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Public Works Development Division at the City website (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 35. The applicant shall furnish a complete set of the mylars of all approved improvement plans acceptable to the City Engineer. 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor 12 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 13 of 27 certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 37. Prior to approval of any Final Map, the applicant shall construct all on and off-site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 38. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 39. Prior to constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements, or as approved by the City Engineer. 40. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 41. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. 13 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 14 of 27 If construction of the commercial center proceeds in phases, the first phase of development shall include the construction and completion of the Anchor tenant building and associated fuel center, Shop 1, Retail Building 1, project landscaping and parking areas. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 42. Depending on the timing of the development of this Site Development Permit, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 14 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 15 of 27 43. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 44. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 45. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 46. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 47. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). 15 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 16 of 27 E. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 48. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 49. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 50. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 51. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 16 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 17 of 27 52. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 53. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance finding review. 54. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 55. Stormwater handling shall conform with the approved hydrology and drainage report for the Pavilions Plaza Commercial Development project (TPM37370 and SDP2017-0009), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 56. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06- 16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 57. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 17 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 18 of 27 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 58. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 59. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 60. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 61. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 62. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 63. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 64. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 65. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 18 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 19 of 27 66. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013- 0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 67. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 68. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 69. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 19 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 20 of 27 The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 70. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 71. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 74. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Commission for their approval. Exterior lighting shall be consistent with LQMC Sections 9.100.150 (Outdoor Lighting) and 9.150.080 (Parking Facility Design Standards). All freestanding lighting shall not exceed 20 feet in height and shall be shielded to minimize trespass of light off the property. Any illuminated 20 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 21 of 27 carports shall be included in the photometric study as part of the final lighting plan submittal. 76. All water features shall be designed to minimize “splash”, and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 77. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 79. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO “A Policy on Geometric Design of Highways and Streets, 5th Edition” or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 80. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 81. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 82. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 21 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 22 of 27 83. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 84. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. FIRE DEPARTMENT 85. The required fire flow shall be available from Super hydrant(s) (6" x 4" x 21/2" x 21/2") spaced not more than 350 apart and shall be capable of delivering a fire flow 1500 GPM per minute for two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 86. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 87. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 88. Blue dot retro-reflector pavement markers shall be located on private streets, public streets and driveways to indicate location of the fire hydrant per standard number 06-05 (located at www.rvcfire.org) 89. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a 22 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 23 of 27 turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 90. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 91. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for building(s) up to 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 92. Install a complete commercial fire sprinkler system. Fire sprinkler system(s) with pipe sizes in excess of 4” in diameter will require the project Structural Engineer to certify with a “wet signature”, that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. 93. The PIV and FCD shall be located to the front of building within 50 feet of approved roadway and within 200 feet of an approved hydrant. Sprinkler riser room must have indicating exterior and/or interior door signs. A C- 16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 94. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 95. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 23 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 24 of 27 96. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2013 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 97. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2013 California Building Code. 98. Electrical room doors if applicable shall be posted “ELECTRICAL ROOM” on outside of door. 99. Fire Alarm Control Panel room doors if applicable shall be posted “FACP” on outside of door. 100. Fire Riser Sprinkler room doors if applicable shall be posted “Fire Riser” on outside of door. 101. Roof Access room door if applicable shall be posted “Roof Access” on outside of door. 102. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 103. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2013 CMC. 104. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. 105. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-777- 7074. 106. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. 107. Any portion of the facility or of an exterior wall of the first story of the 24 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 25 of 27 building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 108. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. BUILDING DIVISION 109. Building Plans prepared for permitting shall meet applicable California Building Codes effective at the time of submittal. MISCELLANEOUS 110. Representatives from tribes within the project vicinity commented and have requested the following considerations: A. The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be onsite during any ground disturbing activities (including archaeological testing and surveys). B. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. 111. The County Coroner shall be contacted if human remains are identified during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and the landowner will work with the designated MLD to determine the final disposition of the remains. 112. No signage is permitted with this approval. A separate permit from the Design and Development Department is required for any temporary or permanent signs. 113. The applicant shall submit exhibits to the Planning Manager and City Engineer that demonstrate vehicles can turn into approved drive aisles for 25 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 26 of 27 drive through facilities in one continuous movement prior to precise grading plan approval. The applicant shall modify drive aisle entries for drive through facilities on precise grading and building construction plans if the Planning Manager and City Engineer determine such modifications are necessary to accommodate vehicles turning into drive aisles. 114. The applicant shall install a transition for the eastbound Avenue 50 to northbound Jefferson Street left turn lane that separates the turn lane from the left turn lane into the shopping center from eastbound Avenue 50. This transition will keep the left turn queue for Jefferson Street from backing up into the median break for the shopping center full turn movement. 115. Applicant/Developer shall add metal louvres as a decorative element to the fuel center canopy consistent with the architecture of the convenience store building. The metal louvres shall be reviewed and approved during building plan check. 116. The size of Building 7 shall be reduced from 3,000 square feet to 825 square feet and shall not include the sale of alcoholic beverages. 117. Public Art shall be dedicated on the project site or the Applicant/Developer shall pay a development fee pursuant to the requirements of Municipal Code Chapter 2.65 Art in Public Places. 118. All vacant pads shall be planted with drought tolerant landscaping and/or decomposed granite and shall include fencing as appropriate so long as they are vacant. Any landscaping on vacant pads shall be irrigated and maintained regularly. The final landscape plan for the project shall include plans for fencing, landscaping, irrigation (as applicable), and maintenance for vacant pads. The final landscape plan must be reviewed and approved by the Planning Commission at a public hearing prior to construction. If, after two years from the opening of the Pavilions store, any pads remain vacant, the applicant shall fully convert any such vacant pads into enhanced landscaping consistent with the design and planting materials approved in the final landscape plan throughout the balance of the shopping center, to the satisfaction of the Planning Manager. The applicant shall enter into a SIA covering these improvements and post separate security for the cost to install landscaping on each vacant pad. This obligation will remain in effect on each vacant pad until those vacant pads are ultimately built out. 26 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: Page 27 of 27 119. The project sign program shall be reviewed and approved by the Planning Commission at a public hearing prior to construction. 120. The height of parking lot lighting shall be modified to heights consistent with existing commercial centers in the Community Commercial Zone, not to exceed 20 feet, and shall be approved with the final landscape plans by the Planning Commission prior to construction. 121. The applicant shall install a minimum of 12 electric charging facilities in the anchor tenant’s parking lot. 122. The landscape architect shall identify standards for planting, irrigation and maintenance in the final landscape plan and the standards shall be included in Covenants, Conditions, and Restrictions (CC&Rs) which shall be recorded on the Property and shall be reviewed and approved by the City. 123. Applicant shall record Conditions, Covenants, and Restrictions (CC&Rs) on the Property. The CC&Rs shall (1) require minimum covenants for satisfactory, perpetual maintenance obligations on the Property; (2) name the City of La Quinta as an express third party beneficiary; (3) be reviewed and approved by the City Attorney’s Office prior to recordation; and (4) state that the CC&Rs cannot be amended without prior written consent of the City. 124. Applicant shall execute and record a maintenance agreement with the Renaissance HOA and the Palmilla HOA. The agreement shall (1) be imposed as an equitable servitude on the Property (2) require satisfactory, perpetual maintenance of the Property, (3) name the City as an express third party beneficiary; (4) be reviewed and approved by the City Attorney’s Office prior to recordation; and (5) state that the maintenance agreement cannot be amended without prior written consent of the City. If the applicant shows substantial evidence that the Renaissance and Palmilla HOA’s are not negotiating in good faith, the applicant may provide the evidence to the Design and Development Department and request removal of this condition. 27 28 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 1 of 22 Note: Revised and added conditions per previous public hearings are highlighted. GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Chapter 13 of the La Quinta Municipal Code (“LQMC”). 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • La Quinta Planning Division • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements 1 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 2 of 22 include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. Coverage under the State of California General Construction Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 2 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 3 of 22 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. D. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required. 6. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also 3 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 4 of 22 include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R’s for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an “AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY” form located at the Public Works Department Counter prior to Certificate of Occupancy. 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 11. The applicant shall offer for dedication all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street (Major Arterial) – 64 feet from the centerline of Jefferson Street for a total 128-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 50 (Primary Arterial) – 54 feet from the centerline of Avenue 50 for a total 108-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 4 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 5 of 22 Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1” equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 14. When the City Engineer determines that access rights to the proposed street rights-of-way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights-of- way, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City. 15. The applicant shall create minimum perimeter landscaping setbacks along all public rights-of-way as follows: A. Jefferson Street - 18-foot from the R/W-P/L. B. Avenue 50 - 18-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately-owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to Jefferson Street and Avenue 50 is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 5 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 6 of 22 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 20. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 21. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS 1) Jefferson Street (Major Arterial) a. Widen the west side of the street along frontage as necessary in order to accommodate deceleration/right turn only lanes serving the two entrances to the project. b. Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. c. Class II bike lane as approved by the City Engineer 6 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 7 of 22 d. Applicant shall pay cash fee to reimburse City for sidewalk improvements made to applicant’s frontage through the City’s Capital Improvement Program. 2) Avenue 50 (Primary Arterial) a. Widen the north side of the street along all frontage to the project boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Street widening improvements shall include all appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b. A deceleration/right turn only lane serving the entrances to the project as approved by the City Engineer c. 12-foot wide landscaped median along the entire boundary of the project plus variable width as needed to accommodate for a left turn lane into the easterly Avenue 50 project entry and for a left turn lane for eastbound Avenue 50 traffic at the intersection of Avenue 50 and Jefferson Street as approved by the City Engineer. d. Class II bike lane as approved by the City Engineer e. 6-foot wide sidewalk—The applicant shall revise the site plan and landscape plan to include a non-curb adjacent 6-foot wide sidewalk along Avenue 50 at a minimum distance of 4 feet from the street curb. The site plan and landscape plan shall be reviewed and approved by the City Engineer and Planning Manager prior to construction. f. The applicant is responsible for the cost to design and install dual eastbound left turn lanes to northbound Jefferson Street when determined by the City Engineer and a traffic study prepared for the applicant per 7 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 8 of 22 Engineering Bulletin #06-13 that the left-turn volumes cannot be adequately served by the single left-turn lane. Applicant shall enter into a SIA to post separate security for the cost to design and install the dual eastbound left turn lanes. This obligation will remain in effect for 10 years after recordation of the final map unless otherwise approved by the City Engineer. 3) Jefferson Street/Avenue 50 Intersection: All necessary traffic signal modifications in the northwest quadrant of the intersection and any other modifications warranted by the timing and traffic generation of this development. 4) Other required improvements in the right-of-way and/or adjacent landscape setback area include: all appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant is responsible for construction of all improvements mentioned above. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 23. General access points and turning movements of traffic are limited to the following: Jefferson Street (northerly): Right turn in, right turn out, and left turn in movements are permitted. Left turn out movements are prohibited. Jefferson Street (southerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (westerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (easterly): Full turn movements in and out are allowed. 24. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 8 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 9 of 22 25. The applicant shall install a transition for the eastbound Avenue 50 to northbound Jefferson Street left turn lane that separates the turn lane from the left turn lane into the shopping center from eastbound Avenue 50. This transition will keep the left turn queue for Jefferson Street from backing up into the median break for the shopping center full turn movement. FINAL MAPS 26. Prior to the City’s approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1” = 40’ scale. PARKING and ACCESS POINTS 27. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets 9 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 10 of 22 and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c /5.5" c.a.b. Loading Areas 6” P.C.C./4” c.a.b. or the approved equivalents of alternate materials per the City Engineer. 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 30. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California. 32. Improvement plans shall be prepared by or under the direct supervision 10 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 11 of 22 of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33. The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On-Site Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1” = 40’ Horizontal C. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off-Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off-Site Signing & Striping Plan 1” = 40’ Horizontal The Off-Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On Site Sewer and Water Improvement Plan 1" = 40' Horizontal H. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical I. On-Site Precise Grading Plan 1” = 30’ Horizontal (Separate Storm Drain Plans if applicable) 11 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 12 of 22 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Division. “On-Site Precise Grading” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Design and Development Department at the City website (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 35. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 12 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 13 of 22 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 37. Prior to approval of any Final Map, the applicant shall construct all on and off-site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 38. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 39. Prior to constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements, or as approved by the City Engineer. 40. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 41. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site 13 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 14 of 22 improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 42. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Tentative Parcel Map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of 14 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 15 of 22 the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 43. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 44. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 45. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 46. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 47. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and 15 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 16 of 22 D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an appropriate professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 48. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 49. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 50. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 16 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 17 of 22 51. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 52. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 53. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 54. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 55. Stormwater handling shall conform with the approved hydrology and drainage report for the Pavilions Plaza Commercial Development project (TPM37370 and SDP2017-0009), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 56. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06- 16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 17 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 18 of 22 57. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 58. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 59. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 60. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 61. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 62. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 63. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 64. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 65. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream 18 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 19 of 22 drainage relief route. 66. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013- 0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 67. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 68. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 69. Existing overhead utility lines within, or adjacent to the proposed 19 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 20 of 22 development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 70. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 71. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 74. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Commission for their approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting) and 9.150.080 (Parking Facility Design Standards). All freestanding lighting shall not exceed 20 feet in height and shall be 20 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 21 of 22 shielded to minimize trespass of light off the property. Any illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 76. All water features shall be designed to minimize “splash”, and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 77. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 79. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO “A Policy on Geometric Design of Highways and Streets, 5th Edition” or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 80. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. 81. All vacant pads shall be planted with drought tolerant landscaping and/or decomposed granite and shall include fencing as appropriate so long as they are vacant. Any landscaping on vacant pads shall be irrigated and maintained regularly. The final landscape plan for the project shall include plans for fencing, landscaping, irrigation (as applicable), and maintenance for vacant pads. The final landscape plan must be reviewed and approved by the Planning Commission at a public hearing prior to construction. If, after two years from the opening of the Pavilions store, 21 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: Page 22 of 22 any pads remain vacant, the applicant shall fully convert any such vacant pads into enhanced landscaping consistent with the design and planting materials approved in the final landscape plan throughout the balance of the shopping center, to the satisfaction of the Planning Manager. The applicant shall enter into a SIA covering these improvements and post separate security for the cost to install landscaping on each vacant pad. This obligation will remain in effect on each vacant pad until those vacant pads are ultimately built out. PUBLIC SERVICES 82. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 83. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 84. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 85. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 22 PROJECT INFORMATION CASE NUMBER: SPECIFIC PLAN 2017-0002 TENTATIVE PARCEL MAP 2017-0003 SITE DEVELOPMENT PERMIT 2017-0009 ENVIRONMENTAL ASSESSMENT 2017-0006 APPLICANT: LUNDIN DEVELOPMENT COMPANY PROPERTY OWNER: BLP DESERT & BL2 CA LIMITED PARTNERSHIP REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE A SPECIFIC PLAN AMENDMENT TO THE FAIRWAY PLAZA SPECIFIC PLAN, TENTATIVE PARCEL MAP, AND SITE DEVELOPMENT PERMIT 2017-0009 TO DEVELOP A 125,000 SQUARE-FOOT SHOPPING CENTER WITH THREE DRIVE-THROUGH BUILDINGS AND A 63,000 SQUARE-FOOT SUPERMARKET WITH ASSOCIATED FUEL CENTER, AND A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET APN: 602-180-004 GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: COMMUNITY COMMERCIAL SURROUNDING ZONING/LAND USES: NORTH: LOW DENSITY RESIDENTIAL RENAISSANCE COMMUNITY SOUTH: LOW DENSITY RESIDENTIAL PALMILLA COMMUNITY WEST: LOW DENSITY RESIDENTIAL RENAISSANCE COMMUNITY EAST: SHOPPING CENTER IN THE CITY OF INDIO ATTACHMENT 1 1 2 AMENDMENT 2 TITLE PAGE REPLACED ATTACHMENT 3 1 [this page left intentionally blank] 2 Fairway Plaza Shopping Center Specific Plan Amendment #2 La Quinta, CA Original Approval: Specific Plan No. 98-034 La Quinta City Council Resolution 99-63, Adopted May 18, 1999 Amendment No. 1 - 98-034 Amended Adopted September 19, 2002 Amendment No. 2 Adopted _______ Applicant Lundin Development Company 16400 Pacific Coast Highway, Suite 207 Huntington Beach, California 92649 Preparer: Jericho Systems, Inc. 47 N. First Street, 1st Street Redlands, CA 92373 (909) 307-5633 Amendment #2 Prepared March 2018 3 [this page left intentionally blank] 4 City of La Quinta Fairway Specific Plan Amendment No. 2 Specific Plan Page ii TABLE OF CONTENTS 1 SUMMARY ............................................................................................................................ 1 1.1 Purpose ....................................................................................................................... 2 1.1.1 Relationship to the General Plan .................................................................... 2 1.1.2 Relationship to Zoning ................................................................................... 3 1.2 Specific Plan Summary .............................................................................................. 4 1.2.1 Project Summary ............................................................................................ 4 1.2.2 Project Objectives .......................................................................................... 4 1.2.3 Project Characteristics ................................................................................... 4 1.2.4 Master Design Theme .................................................................................... 5 2 MASTER PLAN .................................................................................................................... 6 2.1 Project Description ..................................................................................................... 6 2.2 Grading ...................................................................................................................... 6 2.2.1 Undeveloped Land ......................................................................................... 6 2.2.2 Flood Protection ............................................................................................. 7 2.3 Drainage ..................................................................................................................... 7 2.3.1 Drainage Plan Description ............................................................................. 7 2.4 Water .......................................................................................................................... 6 2.4.1 Water Service Description ............................................................................. 6 2.5 Sewage Disposal ........................................................................................................ 6 2.5.1 Sewer Service Description ............................................................................. 6 2.6 Utilities ....................................................................................................................... 6 2.6.1 Existing Utilities ............................................................................................ 6 2.6.2 Underground Utilities .................................................................................... 7 2.7 Circulation.................................................................................................................. 7 2.7.1 Project Area Background ............................................................................... 7 2.7.2 Circulation Description .................................................................................. 7 2.7.3 Public Transportation ..................................................................................... 8 2.7.4 Street and Traffic Improvements ................................................................... 8 2.7.5 On-Site Traffic Circulation Plan ................................................................. 10 2.7.6 Construction/Financing of Improvements 
 .............................................. 11 2.8 Signage ....................................................................................................................... 9 2.9 Landscape Concept .................................................................................................... 9 2.9.1 Development Standards ............................................................................... 10 2.10 Maintenance of the Shopping Center ....................................................................... 12 3 SPECIFIC PLAN ................................................................................................................ 13 3.1 Land Use .................................................................................................................. 13 3.2 Cultural/Archaeology ............................................................................................... 13 3.2.1 Tribal Consultation, SB18 and AB52 .......................................................... 13 3.3 Paleontology ............................................................................................................ 14 3.4 Environmental .......................................................................................................... 15 3.4.1 Air Quality ................................................................................................... 15 3.4.2 Greenhouse Gas ........................................................................................... 16 3.4.3 Noise ............................................................................................................ 16 3.4.4 Trash Recycling ........................................................................................... 17 3.5 Zoning ...................................................................................................................... 17 5 City of La Quinta Fairway Specific Plan Amendment No. 2 Specific Plan Page iii 3.5.1 Zoning Standards ......................................................................................... 17 3.5.2 Deviations from Zoning Code ..................................................................... 17 3.5.3 Permitted Uses ............................................................................................. 20 3.6 Specific Design Features .......................................................................................... 21 3.6.1 Screen Wall .................................................................................................. 21 3.6.2 Screening of Rooftop Equipment ................................................................. 21 3.6.3 Utility Enclosures......................................................................................... 21 3.6.4 Cart Storage ................................................................................................. 21 3.6.5 Exterior Lighting .......................................................................................... 21 3.7 Property Rights ........................................................................................................ 22 3.8 Administration ......................................................................................................... 23 FIGURES Figure 1 Site Plan ATTACHMENTS Attachment 1 Lighting Plan Attachment 2 Preliminary Landscape Plans Attachment 3 Preliminary Grading Plans Attachment 4 Conditions of Approval Fairway Shopping Center Specific Plan 6 City of La Quinta Fairway Specific Plan Amendment No. 2 Specific Plan Page i Fairway Plaza Shopping Center Specific Plan Amendment No. 2 Pavilion Palms Shopping Center (Project renamed) CITY OF LA QUINTA City of La Quinta, PO Box 1504, La Quinta, CA 92253-1504 City Council Linda Evans, Mayor Kathleen Fitzpatrick, Mayor Pro Tem John Peña, Council Member Robert Radi, Council Member Steve Sanchez, Council Member Planning Commission Paul Quill (Chair) Kevin McCune (Vice Chair) Michael Proctor, Commissioner Mary Caldwell, Commissioner Robert "Bob" Wright, Commissioner Philip Bettencourt, Commissioner Loretta Currie, Commissioner City Staff Frank J. Spevacek, City Manager and Interim Design and Development Director 7 [this page left intentionally blank] 8 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Page ii Insert site plan Figure 1 Site Plan EXHIBIT REPLACED IN AMENDMENT NO. 2 9 [this page left intentionally blank] 10 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Page iii 11 [this page left intentionally blank] 12 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 1 1 SUMMARY In May 1999, the City of La Quinta approved the Rancho Cielo Shopping Center Specific Plan and associated parcel map, proposed by Lundin Development. The Specific Plan identified the development of 111,000 square feet of a supermarket-anchored shopping center with an associated fuel center and adjacent pads for retail and restaurant uses on 12.5 acres at the northwest corner of Jefferson Street and 50th Avenue. The parcel is designated and zoned for Community Commercial (CC) use. The Specific Plan approval included the adoption of a Mitigated Negative Declaration under the California Environmental Quality Act (CEQA). In 2002, an amendment to the Specific Plan (renamed to Fairway Plaza Shopping Center) was adopted that identified approximately 100,460 square feet of grocery store/pharmacy with fuel center and adjacent retail and restaurant uses. To date, Lundin Development has yet to construct the Project. On February 19. 2013, the City of La Quinta adopted the Environmental Impact Report (EIR) for its 2035 General Plan (SCH# 2010111094) which included the impacts of adding to commercial uses within the City, including the approved Fairway Plaza Shopping Center Specific Plan. A Statement of Overriding Considerations was also adopted for environmental impacts that could not be mitigated to a level below significance for: Air Quality, Greenhouse Gas, and Traffic (Resolution 2013-009). In 2018, the Lundin Development is requesting Amendment No. 2 to the Fairway Plaza Shopping Center Specific Plan to construct 125,800 square feet of grocery store/pharmacy with fuel center and adjacent retail and restaurant uses. The Project under Amendment 2 will occur on the same 12.5-acre site at the corner of Jefferson Street and 50th Avenue, within the same area of the previously-approved Specific Plan, with uses similar to that which were already identified. Highlights of Amendment No. 2 include the following: • Renames “The Fairway Plaza Shopping Center” to the “The Pavilion Palms Shopping Center” • Adds 25,340 square feet of retail and ancillary uses similar to that which was previously approved. • The supermarket anchor tenant has changed from Albertsons to Pavilions • Eliminates references to components of the Project that have already been constructed between 1999 to date (i.e., such as the retaining wall between the commercial parcel and residential area and the requirement for a retention basin for residential area, both of which have been constructed) • Identifies changes in ingress/egress (i.e., two driveways in Avenue 50 instead of one, and the elimination of the access from Derek Alan Drive) • Stormwater will be managed by an underground system, instead of open retention basins. • The architectural components have been revised from Spanish/Mediterranean to Contemporary. 13 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 2 1.1 Purpose The purpose of this Specific Plan Amendment No. 2 is to provide an overview and analysis of the proposed Project for the property located at the northwest corner of Avenue 50 and Jefferson Street. The subject site in this report shall be referred to as the "Fairway Plaza Shopping Center." Additionally, this document augments the City's Zoning Code in terms of establishing permitted uses and setting forth particular design guidelines and development standards that are unique to the developer and anchor tenant.. It should be noted that where this document is silent on any matter, the City's Zoning Code shall apply. The Conditions of Approval as approved for the original Specific Plan by the City of La Quinta are contained within Appendix "A" and as approved development standards, are incorporated by reference. 1.1.1 Relationship to the General Plan The development of the Fairway PlazaPavilion Palms Shopping Center will be implemented to carry out the goals and policies contained in the General Plan. All development within this Project will be consistent with the provisions of the CC ("Community GC ("General Commercial") General Plan designation. Among the important provisions of the General Plan, which will be implemented upon the development of this Project, are the following: Land Use The proposed Project is consistent with the CCGC General Plan designation for this site. The Project represents approximately 0.22 FAR ([Floor Area Ratio] gross floor area ratio ("FAR"), which describesof all buildings divided by the average building floor area to net site area, is 0.187,), or 18.72%. The shopping center will be comprised primarily of retail businesses to serve the needs22 percent, which is consistent with the CC Zoning designation of a multiple neighborhood area.0.30 Maximum FAR. Tenants will include a grocery supermarket, drug store with pharmacy and associated fuel center, retail shops, drive-thruand restaurants, professional services and office uses, and an automobile with drive-through service station. These uses are consistent with those outlined for the CommunityGeneral Commercial designation. Additionally, walking, bicycling, and public transit will be encouraged by the design features of this Project. Circulation The Circulation Element of the General Plan outlines the design and location of required street improvements to complete the transportation system in the City of La Quinta. The Fairway PlazaPavilion Palms Shopping Center will widen and/or improve adjacent portions of both Jefferson Street, a major arterial, and Avenue 50, a primary arterial, according to General Plan standards. 14 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 3 Roadway Image Corridors In addition to roadway improvements, the Project will implement special roadway corridor improvements consistent with the unique character that the City of La Quinta requires. Improvements will include pedestrian walks, street name signs, and landscaping consistent with the themes suggested by the General Plan. 50th Avenue 50, being a secondary image corridor, will incorporate the appearance of low profile, indigenous canopyscreening type trees, limiting palm trees to node areas and shrubs (i.e., main entries and street intersections).oleanders). Water Quantity and Quality This Specific Plan outlines the use of drought tolerant planting and irrigation techniques, and incorporates a grading concept designed to retain storm water on-site as required by the City of La Quinta as per Condition No. 23 of the original Conditions of Approval of this Specific Plan. The Project is subject to regional and local regulations, including the need for an SWPPP under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Construction General Permit) (Order No. 2009-0009-DWQ, NPDES No. CAR000002). In addition, the City requires a grading permit for all developments that would require grading. Compliance with SWRCB’s General Construction Activity Stormwater Permit regulations requiring a SWPPP, and the grading permit required by the City would ensure water quality standards are not exceeded. The Project will create an impermeable surface over much of the entire site when complete. This can increase the potential for pollutants to occur in surface water primarily be from cars parked in the parking lot leaking fluids. However, the Project includes an underground system to collect all of the stormwater runoff from the Project site. A Water Quality Management Plan (WQMP) is proposed to be developed for the Project that will identify Best Management Practices for maintenance of the system. 1.1.2 Relationship to Zoning The development of this Project will be consistent with the purpose and intent of the Community Commercial zone. As stated above, this document augments the City's Zoning Code in establishing permitted uses and setting forth particular design guidelines and development standards that are unique to the developer and anchor tenant.. It should be noted that where this document is silent on any matter, the City's Zoning Code shall apply. As noted above in Section 1.1, the original Conditions of Approval as approved for this Specific Plan are contained within Appendix "A" and are incorporated by reference. For further discussion of zoning see Section 3.5 of this Specific Plan. 15 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 4 1.2 Specific Plan Summary 1.2.1 Project Summary The proposed Fairway PlazaPavilion Palms Shopping Center Project is a 12.5 -acre site located at the northwest corner of Avenue 50 and Jefferson Street. This site is immediately adjacent to the City limits of the City of Indio and will provide approximately 100,460125,800 square feet of retailmixed-use commercial space with accommodating parking and landscaping areas. The Pavilion Palms Shopping Center will widen and/or improve adjacent portions of both Jefferson Street, a major arterial, and Avenue 50, a primary arterial, according to General Plan standards. The Project will implement special roadway corridor improvements consistent with the unique character that the City of La Quinta requires. Improvements will include pedestrian walks, street name signs, and landscaping consistent with the themes suggested by the General Plan. Avenue 50, being a secondary image corridor, will incorporate the appearance of screening type trees and shrubs (i.e., oleanders). 1.2.2 Project Objectives This Project has been developed to provide retail and commercial space that will be easily available to the majority of people in the eastern and central Coachella Valley. The Project will provide additional retail shopping facilities, drive-thru restaurants, and a service station that in addition to accommodating La Quinta residents, will also serve the needs of residents from Palm Desert, Bermuda Dunes, Indian Wells, La Quinta, Indio, and beyond. 1.2.3 Project Characteristics Based on additional preliminary studies of the Fairway PlazaPavilion Palms Shopping Center Project, the following conclusions have been drawn: • The site has unencumbered direct access via Jefferson Street, from Interstate 1Oto10 to Avenue 50. • The subject parcel, located on a corner, draws special advantages with direct access to both Avenue 50 and Jefferson Street as arterials.
Both the required zoning and general plan designation allow for this development on this site.. 
 • Both the required zoning and general plan designation allow for this development on this site. • This Project will place a commercial development of a viable size which could be absorbed by the area market located near the perimeters of the City of La Quinta, thus providing the City the opportunity to additionally draw from the greater Indio market area with its concentration of stable, year-round resident families. 
 16 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 5 1.2.4 Master Design Theme La Quinta includes a mixture of building types built over various time periods, and with a variety of architectural styles. Development includes structures built in the early twentieth century, and new master-planned communities built within the last decade. Architectural styles include those typical of Spanish Colonial, Mediterranean, Tuscan, and Modern styles. Spanish Colonial architecture is the most prevalent style used in La Quinta, and examples include the La Quinta Resort & Spa and Old Towne in the Village. The Fairway PlazaPavilion Palms Shopping Center is designed in a traditional Spanish Mediterranean architectural style using arched colonnades with tile roofsContemporary that will generally utilize traditional materials such as glass, wood, brick, and various metals. Additional architectural elements such as textured finishes, roundels, accent tile and raised trellises will be used to provide further details and interest, thus further enhancing the individual buildings and the quality appearance of the shopping center in general. The landscaped setbacks along Avenue 50 and Jefferson Street will incorporate meandering sidewalks with Americans with Disabilities Act (ADA) access as well as landscaping that will include a variety of trees, shrubs and flowers, which accompanied by the parking lot landscaping, should provide an inviting atmosphere to draw shoppers to the center. 17 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 6 2 MASTER PLAN 2.1 Project Description The Fairway PlazaPavilion Palms Shopping Center will provide approximately 100,460125,800 square feet of restaurant, /retail commercial space when complete. The Project consists of one combinationwill be anchored by Pavilions grocery store/ with a pharmacy, "Albertsons-Sav-On", as the major anchor, with 57,560 that will occupy 63,000 square feet. Albertsons will combine the sale of groceries with the off-sale of beer, wine and hard liquor, and a drive thru pharmacy. There are also sevenAdditionally, 11 other proposed retail buildings, each ranging from 2,2003,000 to 8,50011,700 square feet each. These will contain a variety of retail uses including two drive-thru, will be occupied by restaurants and an automobile service station and possibly a car wash. (The developer understands that a Conditional Use Permit will be necessary for the automobile service station)., banks, and retail units, as well as a fuel center/convenience market that is associated with the Pavilions. Parking for at least 474 cars, includingincludes 579 stalls, which includes compact and handicap spaces will be provided.. 2.2 Grading The grading plan will conform to the recommendations of the soilsgeotechnical report and prepared for the site in 1998 and updated in 2017 (Landmark Geo-Engineers and Geologists, August 25, 2017). The site is relatively flat and contains sparse desert scrub. Soil balancing will be certified as adequate by a soils engineerused during grading so that there will be no soil import or engineering geologistexport. The desert scrub brush on site will be removed or buried depending on size and type. 2.2.1 Undeveloped Land Graded, undeveloped portions of the site anticipating future construction will be maintained to prevent dust and blows and nuisances. These undeveloped portions of the site shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Design and Development DepartmentCommunity Development and Public Works Departments. As per Condition No. 22 of the original Conditions of Approval for this Specific Plan, (Attachment 4), prior to occupation of the Project site for construction purposes, the applicant will provide for City approval a fugitive dust control plan prepared in accordance with Chapter 6.16 of the La Quinta Municipal Code, and the applicant will furnish security to the City in a form deemed acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 18 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 7 2.2.2 Flood Protection According to the August 19, 1991 Flood Insurance Rate Map published by the Federal Emergency Management Agency ("FEMA"), this Project site is not located within a designated flood hazard zone. 2.3 Drainage 2.3.1 Drainage Plan Description Project site is situated on the north side of Avenue 50 and west of Jefferson Street. The southeast portionentire parcel is generally flat with the remainder of the parcel consisting of natural and man-made, graded dunes. The topography is, slightly irregular, with a general gradient sloping to the south and the east. The storm water runoff from the parking area will generally sheet flow to the east and the southeast. The points of flow concentration will be picked up in the future underground storm drain system that will terminate in an on-site retention basins.,.underground storage system. The design of the development shall not cause any increase in flood levels or frequencies in any area outside the development. Storm water falling on site during the peak 24-hour period of a 100- year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the right-of-way of the adjacent public streets. Flows in excess capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 19 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 9 Slopes shall not exceed 3:1 within the basin or the landscape area unless otherwise approved by the City Engineer. Retention facility design was based on an extensive drainage study performed by Warner Engineering. The purpose of this study was to model the 100-year, 1, 3, 6, and 24- hour events, then route the flows to retention basins using the City's required percolation rate. The event generating the greatest water volume was used as the design for onsite retention basins. Criteria for the study was based on the Hydrology Manual of the Riverside County Flood Control and Water Conservation District manual and the City of La Quinta standards. 2.3.2 Conceptual Grading and Drainage Plan (see accompanying exhibit) 2.3.3 Typical Section of Retention Basin (see accompanying exhibit) 20 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan February 19, 2002 21 [this page left intentionally blank] 22 EXHIBIT REMOVED IN AMENDMENT NO. 223 [this page left intentionally blank] 24 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 6 2.4 Water 2.4.1 Water Service Description Based on preliminary discussions with the Coachella Valley Water District ("CVWD"), this development will take water service from an 18-inch water main located in Avenue 50. The water main comes through Tract No. 29858 and terminates in Avenue 50 approximately 250-300 feet west of Jefferson Street. Water service will be provided by CVWD has required that via an 18-inch water main be constructed in Avenue 50 along the project frontage. Installation of and a 24-inch main in Jefferson Street along. The CVWD reviewed the Project and identified that it could serve the Project frontage will also be required, terminating at with the north boundaryexisting water and entitlements (CVWD, October 5, 2017). The CVWD identified that the Project lies within the study area of the 2010 Water Management Plan Update. The CVWD identified that the groundwater basin in the Coachella Valley is in a state of the site. The timingoverdraft, and each new development contributes incrementally to the overdraft. CVWD identified that its Water Management Plan is in place to reduce overdraft and identifies specific actions for completion of this 24-inch water system for Jefferson Street will depend upon future developments as they are proposed, and will provide a backup water supply for this project at that time.reducing overdraft. The CVWD identified that the Project must comply with elements and actions described in the plan. 2.5 Sewage Disposal 2.5.1 Sewer Service Description Based on discussions with CVWD, this development will connect to a proposed sewer main in Avenue 50. If that main is not yet available when this development is constructed, the developer will construct or participate in the construction of a temporary connection to an existing sewer main located in the Citrus development, approximately one quarter mile south of Avenue 50.trunk line that runs through the site. 2.6 Utilities 2.6.1 Existing Utilities To ensure optimum placement for aesthetic, as well as, practical purposes, the developer shall obtain the approval of the City Engineer for the location of all above-ground utility structures, including, but not limited to, traffic signal cabinets, electric vaults, water valves and telephone stands. 25 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 7 2.6.2 Underground Utilities In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The developer shall provide certified reports of utility trench compaction tests for approval of the Public Works Director. 2.7 Circulation 2.7.1 Project Area Background Being located at the northwest corner of the Avenue 50 and Jefferson Street intersection, the Project site serves a central location as an important link, via Jefferson, from Interstate 10 to southwest Indio and the City of La Quinta. The Coachella Valley Association of Governments ("CVAG") in conjunction with the City of La Quinta is currently in the process of redesigning Jefferson Street to the ultimate 120-foot wide right-of-way. Widening work is anticipated to precede the development of the Fairway Plaza Shopping Center. 2.7.2 Circulation Description In accordance with the City of La Quinta design policies, and as shown on the Off-Site Traffic Circulation Plan Exhibit, the Fairway Plaza Shopping Center is proposing the following circulation pattern: Major customer traffic access will be via two primaryThe previously approved Fairway Specific Plan identified four access points located : two from Jefferson Street, one from Avenue 50 and one from Derek Alan Drive. This Specific Plan amendment revises the site access plan to four driveways: three limited-access (no left-turns out) driveways and one full-access unsignalized driveway on Avenue 50, approximately 610440 feet to the west of the intersection at Avenue SO/Jefferson Street on Avenue 50, and 620 feet to the north of the Avenue SO/center line of the Jefferson Street intersection on signalized intersection. The access from Derek Alan Drive has been eliminated in this current plan. Stop signs will be provided within the interior parking lanes at the intersections with the major through lanes and at the driveway intersections with Avenue 50 and Jefferson Street. An additional driveway allowing only right turn-in and right tum-out movementsThis will alsoensure inbound traffic has a continuous, uninterrupted flow into the parking lot. It should be provided on both Jefferson Street and Avenue 50. In addition tonoted that the above access directlyone driveway into the shopping center, the entry off of Jefferson Street into the future residential subdivision, which will be to the north and west of the commercial center, will also allow for entry from Derek Alan Drive, as previously identified on the previously-approved Fairway Specific Plan, has been removed with this current proposed Amendment No. 2. The 26 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 8 previously-approved Fairway Plaza Specific Plan had included a driveway from Derek Alan Drive to the shopping center. as a convenience to the residents in the residential development. However, due to resident concerns regarding unwanted traffic in the neighborhood after the residential development was constructed, the driveway access from Derek Alan Drive has been eliminated from the “Pavilion Palms” Project as amended. For all driveways leading from streets, the adjacent perpendicular drive aisle closest to the street shall be provided with stop signs. Additionally, the driveways leading to the street shall be provided with stop signs which will insure inbound traffic a continuous, uninterrupted flow into the parking lot. Two (2) additional approaches have been added as part of this Specific Plan Amendment. The revised building layout reflects the addition of two approaches on the Avenue 50 frontage, one to serve Parcels 1 and 2 directly (with a deceleration lane, right turn in and right turn out) and a one-way exit (right turn out only) located on the far west side of Parcel 1 for emergency vehicles only. The previous layout would have relied excessively on the approach situated immediately east of Parcel 2. The revised layout helps relieve this problem by reducing the concentration of traffic from the single driveway. This arrangement also accommodates the concerns of the Fire Department by creating an exit- only drive to accommodate oversized fire vehicles. Furthermore, the previous layout had insufficient turning radii, which would have obstructed the ability of responding fire vehicles to maneuver on the site, especially when exiting the parking lot. 2.7.3 Public Transportation Bus waiting shelters shall be provided as required when street improvements are installed, as approved by Sunline Transit and the Public Works Director. The SunLine transit agency provides bus service in the region. However, SunLine currently provides no service within proximity to the Project site, and the closest bus stop is located approximately 1.5 miles from the Project, at Washington and Avenue 50. The Project includes non-meandering sidewalks along the perimeter, and interior sidewalks offer ADA-compliant access to the perimeter sidewalks. Therefore, the Project can accommodate transit, pedestrian and bicycle facilities in the future. 2.7.4 Street and Traffic Improvements 2.7.4.1 Minimum Street Improvements The developer will be responsible for the following street improvements: • Jefferson Street - Major Arterial: 51 feet of southbound travel improvements accommodating half of a raised landscaped median, three traffic lanes with widths of 12, 13, and 14 feet, a 5-foot bike lane, and a sidewalk. 27 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 9 • Jefferson Street – a sidewalk and minor relocation of the existing “pork chop” left turn median that serves the existing Ralph’s shopping center east of Jefferson Street as well as the Pavilions Palms Shopping Center. • Avenue 50 - Primary Arterial: 38 feet of westbound improvements accommodating half of a raised landscaped median, two through traffic lanes, left turn stacking and a 5'deceleration lane, a 5-foot bike lane and a sidewalk. 
 • Traffic Signals: Jefferson Street Uat Avenue 50 - All necessary traffic signal modifications in the northwest quadrant of the intersection and any other modifications warranted by the timing and traffic generation of this development. • Bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised medians or other mitigation measures as determined by the Public Works Director. The Public Works Director may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 
 2.7.4.2 Access Points Access points and turning movements of traffic shall be restricted as follows: • The eastern driveway on Avenue 50 - One 30-foot wide right-in/right-out drive centered, approximately 4406 feet west of the centerlinecenter line of the Jefferson Street and one 40-foot wide right-in/right-out drive, which also allows a left turn into the project, centeredintersection, will allow for full movement of both left and right turns onto Avenue 50 thereby providing users access to points east of the Project. Shared left-turn and right-turn markings are specifically outlined in Chapter 3 of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and such movements are generally allowed at many corner gas stations throughout Southern California. • The westerly driveway on Avenue 50, approximately 610745 feet west of the centerlinecenter line of the Jefferson Street, or as approved by the City Engineer. In addition to these two entries, a third 30-foot wide right-in/right out drive has been added to provide entry to serve Parcels 1 and 2 directly and thereby relieving excessive traffic exiting and entering for the main shopping center. An emergency exit intersection, will be restricted to right turns only drive has been added to accommodate the concerns of the Fire. 28 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 10 Department by creating an exit-only drive and also providing sufficient turning radii for oversized fire vehicles. • Jefferson Street - One 30-foot wide right-in/right-out drive centered approximately 41O350 feet north of the centerline of Avenue 50, and one 4026-foot wide right-in/right- out drive, which also allows a left turn into the Project site centered approximately 6240 feet north of the centerline of Avenue 50, or as approved by the City Engineer.. • Entry street to the residential subdivision, north of commercial center - one 30-foot wide left-right-in/left-right-out drive centered approximately 230 feet from the centerline of Jefferson Street. 2.7.4.3 Access Drive Aisles The main traffic drive aisle leading into the shopping center from Avenue 50 will provide an access way of 146 feet. The second drive aisle from Avenue 50 has been designed to provide an access way that is approximately 50 feet in length. Because Section 9.150.080 of the Zoning Code, requires a length of 90 feet, this is obtained by adding and additional right turn lane or referred to as a deceleration lane which will be provided. The third drive aisle will further relieve traffic flowing in and out of the shopping center. A deceleration lane will also be provided to adequately mitigate any ill effects of the shorter access way lengths. The easterly drive aisle from Avenue 50 has been designed to provide a 130-foot throated curb along its west side and a 50-foot throated curb along its east side. A dedicated 90-foot deceleration lane is provided along the incoming approach east of this drive. 2.7.4.4 Improvement Appurtenances Improvements shall include all appurtenances such as traffic signs, channelization markings and devices and street name signs. 1.1.1.1 Off-Site Traffic Circulation Plan (See accompanying exhibit) 2.7.5 On-Site Traffic Circulation Plan (See accompanying exhibit) 1.1.1.2 Construction/Financing of Improvements Depending on the timing of development of this Specific Plan area and the status of the off-site improvements at that time, the developer may be required to construct the improvements, to reimburse the City or others for the cost of the improvements, to secure the cost of the improvements for the construction by others at a later date, or a combination of these methods. 29 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 11 Site access is provided by to two Primary driveways, one each off Jefferson and Ave 50. The Primary driveway on Avenue 50 offers full turning movements and aligns with the main north/south traffic lane along the front of the Pavilions that distributes traffic to the drive isles within the main field of parking. The secondary driveway on Avenue 50 is right turn in, right turn out only, and provides secondary ingress and egress. The Primary driveway from Jefferson restricts left turn exits, and allows right turns in and right turns out, along with left turns into the site. This Primary driveway intersects the two main north/south internal traffic lanes that distributes traffic to the drive isles within the main field of parking along with the out-parcel parking areas. The secondary driveway on Jefferson is right turn in and right turn out only and provides for secondary ingress and egress. Figure 1 also identifies the on-site truck circulation. 2.7.6 Construction/Financing of Improvements 
 If the developer is required to construct improvements for which this document only obligates a share of the cost, the developer may seek reimbursement of the remaining cost from the City or from adjacent developments, as appropriate, under the City's reimbursement policy. 30 EXHIBIT REMOVED IN EXHIBIT 231 [this page left intentionally blank] 32 EXHIBIT REMOVED IN EXHIBIT 233 [this page left intentionally blank] 34 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 9 2.8 2.8 Signage A required sign program, as required per Resolution No. 99-63, was will be submitted and approved by the Design and Development DepartmentCommunity Development Director in April of 2001. 2.8.1 2.8.1 Signage Locations (See accompanying exhibit) 1.1.1.3 2.8.2.1 Building Sign Locations (See accompanying exhibit) 2.8.2 Major Tenant Sign Details (See accompanying exhibit) 2.8.3 Shop Sign Details • priorPurpose: To identify tenant • Quantity: One per lease area frontage Size: One (1) square foot per lineal foot lease frontage to a maximum of 50 square feet, with the size proportional to the facade of the building on which it is mounted.construction. • Design: Letter style and color to be determined by tenant, and approved by the City of La Quinta. • Ancillary signs: Maximum of three (3) information signs on the Albertsons building without further approval for additional signs. As per Specific Plan Condition No. 5 of the Final Conditions of Approval approved as per Council Resolution No. 99-63 "Ancillary signs shall be defined as those identifying products not typical of a food store, such as a bank or one-hour photo." 2.8.4 Monument Sign (See accompanying exhibit) 2.8.5 Store Identity Sign (See accompanying exhibit) 2.9 Landscape Concept The Fairway PlazaPavilion Palms Shopping Center will be landscaped following an agrarian theme which will emphasize the use of both palm trees and citrus in groupings. This project lies within a predominately agricultural area which consisted mainly of citrus groves and date orchards in the past. 35 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 10 The goal of this design theme is to blend with the surrounding plant palette. Plant material selection will be based on this theme, as well as appearance, low maintenance requirements, climatic suitability and tolerance to local conditions. Palm trees will be used for accenting project features limited to node areas of main entries and street intersections, and canopy trees will be used in parking areasevenly spaced to provide shade. As per Condition No. 37 of the original Conditions of Approval approved for this Specific Plan, upon submission of the first site development permit or conditional use permit, whichever comes first,a dramatic street view statement along with 50 percent shading within the field of parking. A preliminary landscape plan will beis submitted for City as part of this Amendment which is attached (see Attachment 2). Planning Commission review and approval. The plans include the entire perimeter of the center, retention basin, parking lot area, and the area immediately around the buildings proposed under the permit. The sizes of the proposed trees are included within the plans approved by the City Planning Department, by caliper sizes per accepted industry standards. The plans include the location of permanent cart return corrals proposed for use. 2.9.1 Development Standards Landscaping for the Fairway PlazaPavilion Palms Shopping Center shall comply with the zoning code requirements and the "General Landscaping Guidelines and Irrigation System Design Criteria" by the Coachella Valley Water District. As per original Condition of Approval No. 35 of this Specific Plan, the landscape plans as developed for the shopping center, were reviewed and approved by the Community Development Department in April of 2001.a landscape plan is provided as part of this amendment. As per Condition No. 21 of the original Conditions of Approval for this Specific Plan, efforts will be employed to minimize differences in elevations at abutting properties and between separate lots within the shopping center. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage where the differential will not exceed five feet. Alternatively, if compliance with this requirement is not feasible, the City of La Quinta will consider and may approve viable options intended to minimize safety concerns, maintenance difficulties, and neighboring-owner dissatisfaction with the grade differentials. 2.9.1.1 Landscape Shading Requirements for Parking Lots The shade trees in the parking areas will be a variety that will provide shade coverage over 50 percent of the parking area within 15 to 20 years from installation. 2.9.1.2 Landscape Maintenance Responsibility for the maintenance of the common landscape areas within the development shall be stipulated in the conditions, covenants, and restrictions ("CC&R's") developed for the shopping center, or other enforceable mechanism satisfactory to the City of La Quinta. Landscape materials shall be maintained as planted in perpetuity. Any dead or missing trees shall be replaced within 30 days. 36 EXHBIT REMOVED IN AMENDMENT NO. 237 EXHIBIT REMOVED IN AMENDMNET NO. 238 EXHIBIT REMOVED IN AMENDMENT NO. 239 EXHIBIT RMEOVED IN AMENDMENT NO. 240 45 [this page left intentionally blank] 46 EXHIBIT REMOVED IN AMENDMENT NO. 247 EXHIBIT REMOVED IN AMENDMENT NO. 248 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 11 2.9.1.3 Landscape Development Standards Landscaping shall be provided within the landscape setback and retention basins along Jefferson Street and the setback area along Avenue 50. The following standards shall be utilized within the landscaped areas of the Project site: • Slopes: Slopes shall not exceed 5:1 within public rights-of-way and 3:1 in landscape areas outside the right-of-way unless otherwise approved by the City Engineer. • Finger Islands: A minimum of six feet wide • Tree Size: All 24-inch box trees shall be a minimum orof 4-inch in diameter as measured 12-inch from grade. All 24-inch box trees shall be a minimum of 2-12 to 3-inch in diameter as measured 6-inch from grade. Approved landscape plans will include caliper sizes per accepted industry standards..
 • Irrigation: Landscape areas shall have a permanent irrigation system meeting the requirements of the City Engineer, with no lawn or spray irrigation within 18 inches of curbs along public streets. • Lawn Areas: Use of lawn areas will be minimized..
 • Coordination: The developer shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. • Line of Sight: Plant materials within the clear sight triangle of each entrance shall not exceed 30-inches in height..
 • As per Condition No. 39 of the original Conditions of Approval for this Specific Plan, if the Project is phased, undeveloped pads shall be turfed or landscaped and irrigated with a groundcover as approved by the City of La Quinta for dust control purposes, and to enhance the appearance of the Project. • As per Condition No. 40 of the original Conditions of Approval for this Specific Plan, landscaping will be provided in the area in front of the Albertsons/Savon building, as approved in the applicable Site Development Permit application. 2.9.1.4 Landscape Screening The drive-thru restaurants shall provide screening of the cars using the drive-thru facilities by a combination of walls and/or landscaping. Screening of the parking lot surface from the adjacent streets shall be provided through berming, landscaping and/or short decorative walls. 1.1.1.4 Preliminary Landscape Plan (see accompanying exhibit) 1.1.1.5 Proposed Plant Palette (Table 1) 49 [this page left intentionally blank] 50 EXHIBIT REVISED IN AMENDMENT NO. 251 LIST REVISED IN AMENDMENT NO. 252 Fairway Plaza Shopping Center (Renamed Pavilion Palms Shopping Center) Specific Plan Comparison between Amendment 1 Amendment 2 Page 12 2.10 Maintenance of the Shopping Center As per Condition No. 45 of the original Conditions of Approval approved for this Specific Plan, the applicant will make provisions for the continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City of La Quinta. This will include formation of an association or other arrangement acceptable to the City for the maintenance of the retention basins, common areas, and perimeter walls and landscaping. The retention basins are no longer part of this Specific Plan, as stormwater will be directed to underground stormwater system. Therefore, the applicant will make provisions for the continuous, perpetual maintenance of the underground stormwater system. 53 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 13 3 SPECIFIC PLAN 3.1 Land Use The Project site and surrounding properties are is currently vacant land. To the north a golf course and west exists the residential tract are planned.subdivision, Renaissance. An approximate 3-acre stormwater retention basin and a Coachella Valley Water District (CVWD) well site buffers most of the subdivision from the Project site. Across Avenue 50, to the south, is a newthe Palmilla residential development Tract 29858 andneighborhood. Across Jefferson Street to the east and is an existing Ralphs shopping center. To the southeast, the land is mostly vacant with a few scattered residences. The adjoining properties have been studied in conjunction with projected development and have not called attention to any adverse or extraordinary circumstances surrounding the area across Jefferson Street are additional residential subdivisions. This Project will be developed in accordance with ordinances and/or circumstances stipulated by the City of La Quinta. 3.2 Cultural/Archaeology A cultural resources survey was undertaken by CRM TECH to identify and assess cultural resources on the subject site. For complete study see Cultural Resources Report dated December 14, 1998. CRM Tech prepared two studies for the Project site. The first consisted of Phase I and Phase II cultural assessments conducted in 1998 and 1995 for approximate 50 acres of undeveloped land as part of Tentative Parcel Map No. 29052 and Tentative Tract Map No. 29053, which included a residential development and the current commercial Project site. The study was part of the environmental impact review process for the proposed subdivision and development of the property, as required by the City of La Quinta, Lead Agency for the Project, in compliance with the California Environmental Quality Act (CEQA; PRC §21000, et seq.). The second study was conducted in June 2017 and consisted of a historical/archaeological resources records search, historical background review, and an archaeological field inspection of the approximately 12-acre Project site (CRM Tech, June 5, 2017). Prior to issuance of any grading or building permits, or ground disturbance, mitigation measures as recommended by the archaeological assessment for the site shall be completed at the developer's expense. 3.2.1 Tribal Consultation, SB18 and AB52 California Senate Bill 18 requires a 90-day consultation period between a lead agency and California Native American Tribes when an application for a General Plan Amendment, Specific 54 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 14 Plan, or Specific Plan Amendment is submitted. The City of La Quinta initiated the SB18 consultation process on January 10, 2018 and the process will end April 10, 2018. The outcome of consultation is anticipated to result in Native American Monitoring during ground-disturbing activities. California Assembly Bill 52 (AB52) went into effect on July 1, 2015, which established and requires a consultation process with all recognized California Native American Tribes to consider any tribal or cultural values when determining a specific Project impact/mitigation. The City of La Quinta initiated AB52 process began October 3, 2017. Letters were sent to tribes on the list received from the Native American Heritage Commission. Responses were received from Cabazon Band of Mission Indians (Cabazon), Agua Caliente Band of Cahuilla Indians (ACBCI) and Twenty-Nine Palms Band of Mission Indians (Twenty- Nine Palms). The Cultural Study from CRM Tech was sent to ACBCI and Twenty-Nine Palms as requested. Both ACBCI and Twenty-Nine Palms asked for approved Native American Monitors from the ACBCI and Twenty-Nine Palms to be present during ground disturbing activities of the Project construction. Mitigation measures have been implemented into the environmental study to have a Native American Monitor present from either tribe. 3.3 Paleontology A paleontologic assessment of the Project site was conducted by the Paleontologic Resource Assessment Program of the Section of Paleontology, San Bernardino County Museum in November, 1998. It was and on May 2, 2017. Both studies concluded in the report that sediments found at the site have the potential to contain significant nonrenewable paleontologic resources which may be negatively impacted by any grading or excavation. A review of relevant paleontologic literature indicates that significant fossil remains have been recovered from properties in the same vicinity as the Project site, thus contributing to the interpretation of high paleontologic sensitivity. Due to the above considerations, a program to mitigate the impact on nonrenewable resources is recommended. This program should include, but not be limited to, the monitoring of any excavation of the site, preparation of the recovered specimens, identification and curation of specimens and the preparation of a final report, and inventory, of the findings. The mitigation program will be complete when the final report is submitted to the lead agency, the City of La Quinta. 55 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 15 3.4 Environmental 3.4.1 Air Quality The potential of1998 air quality report prepared for the original Specific Plan identified that the Project construction and subsequent operations of the Fairway Plaza Shopping Center toProject would result in air quality emissions that would exceed the daily criteria, as recommended by the South Coast Air Quality Management District, willbut would be mitigated to the extent that they are reasonably feasible by measures as recommended by Synectecology in their air quality report of November 5, 1998. Mitigation measures recommended include, but are not limited to, maintaining all construction equipment in good condition so as to reduce operational emissions, the use of low emission construction equipment whenever feasible and the use of low VOC paints, primers and coatings. In addition, long term mitigation will be aided by the availability of public transportation facilities along with direct vehicular and pedestrian access points to the adjacent residential subdivision, and the provision of bicycle facilities within the development. Although residual emissions would be expected to remain in excess of recommended threshold values for CO, NOx, ROG and the impact iswas expected to remain significant, Synectecology found this Project to be consistent with the policies and goals of the Air Quality Management Plan and that it will result in less intensive commercial development at the site than that allowed under the existing General Plan, thereby reducing potential emissions. In 2013, the City of La Quinta adopted its General Plan, which assessed the environmental impacts of current and future projects based on the zoning designations or approved specific plans. The Fairway Plaza Specific Plan, which included 100,460 square feet of retail space with accommodating parking and landscape area, had been approved prior to the assessment of environmental impacts of the City’s General Plan. On February 19, 2013, the City adopted a Statement of Overriding Considerations for significant and unavoidable air quality impacts identified in the updated General Plan EIR. In 2018, a revised air quality assessment was prepared to address the net increase of approximately 21,920 square-feet of new uses not previously reviewed or approved in the 1999 Specific Plan and subsequent 2012 Updated General Plan. The study found that the net increase would not exceed thresholds of significance for air quality impacts. Further, that the additional uses would not cumulatively generate a considerable net increase of any criteria pollutant nor violate any air quality standard during construction and operation of the proposed Project. The site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The proposed Project represents approximately 0.22 FAR. Therefore, the Project proposes less intensity than allowed under the zoning. 56 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 16 3.4.2 Greenhouse Gas The City of La Quinta adopted a Greenhouse Gas Reduction Plan (Plan) on February 13, 2013. The Plan provides reduction strategies and reduction measures that can reduce greenhouse gas emissions at their source and at the end use by improving operating efficiency, increasing reliance on renewable source for energy production, developing new technologies, and through conservation. These reduction measures are listed in Table 28 of the Plan and can be implemented as needed during the design phase. The Project will comply with the strategies of the City’s Greenhouse Gas Reduction Plan. 3.4.23.4.3 Noise A noise study, dated November 5, 1998, was provided by Synectecology for this Project. Recommendations made to ensure that any construction noise impacts will be reduced to less than significant levels include the following: all construction will be performed between the hours of 7:00 A.M. and 7:00 P.M., Monday through Saturday; all internal combustion equipment will be fitted with properly operating mufflers and air intake silencers; and, all pieces of stationary equipment will be located as far as practical from adjacent residences. Operational noise will be reduced by limiting on-site deliveries to the hours of 7:00 A.M. to 10:00 P.M. and erecting a wall by an existing soundwall that varies in height from six (6) feet to eight (8) feet in height behind the north and west commercial center. This measure will reduce any potentially significant impacts to a level that is less than significant and no further mitigation will be warranted parcel perimeter. Noise studies for the Project were prepared in 2002 as part of the Specific Plan Amendment approval and in 2017 and in 2018 to serve as an update. A 2002 study identified that both Jefferson Street and 50th Avenue were impacted, and exceed 60 dBA CNEL. The study identified that all new development is required to mitigate to the City's standards for noise, as required in the General Plan (Table EH-1, Warner Engineering, February 19, 2002). The 2017 noise study also concluded that areas along Jefferson Street and 50th Avenue were impacted and exceeded the 60dBA criteria. Ambient noise measured along various locations along the north and west perimeter of the site, nearest to the residences, measured between 53.9 and 60 dBA. The study determined that the main sources of noise across the site are noise from road traffic on 50th Avenue and Jefferson street, other noise sources included HVAC systems serving the houses to the north, west and south of the site and from HVAC serving the commercial buildings to the east, across Jefferson Street. There was also minor noise from distant aircraft and birdsong. Noise is also anticipated from the speakers of the drive-through eating establishments, as well as vehicle doors closing in the parking lot. The Project is proposed approximately 150 feet between the closest development building and the residences to the south. The residences to the south already have a concrete masonry boundary wall. 57 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 17 3.4.33.4.4 Trash Recycling Prior to the issuance of a certificate of occupancy, a plan for adequate trash recycling provisions shall be approved by the CommunityDesign and Development Department. The plan is to be reviewed for acceptability by applicable trash company prior to City review. 3.5 Zoning The subject property has a CC ("Community Commercial") designation in place and is identified within the General Plan use designation as CommunityGeneral Commercial. The specific uses and requirements of the CC zone relevant to this Project are outlined in Section 3.5.3 of this Specific Plan. 3.5.1 Zoning Standards The Fairway PlazaPavilion Palms Shopping Center will be developed following the framework of the general zoning requirements of the CC zone of the City of La Quinta. 3.5.2 Deviations from Zoning Code The following development standards are proposed as deviations from the City of La Quinta Zoning Code. A brief justification for each request is included. and identifies if previous deviations are still applicable. 3.5.2.1 Number of Parking Stalls Provided The parking stall deviation requested in the previously-approved Specific Plan no longer applies. The site has been redesigned to accommodate the required parking for the shopping center is 474of 579 stalls and has been provided in the design. . The percentage of landscaping proposed, both in the parking areas and near the buildings exceeds the required percentage by 30 percent. 3.5.2.2 Reduction in Landscape Setback Jefferson Street and Avenue 50 are considered arterial roadways in the City’s General Plan. The municipal code requires a 20-ft. landscape setback along arterial roadways. The Specific Plan will change the standard for the site to 18 ft., which is a 10 percent reduction to the setback. 3.5.2.23.5.2.3 Retail Store over 50,000 Square Feet of Floor Area The AlbertsonsPavilions grocery store will have approximately 57,56063,000 square feet of floor area which exceeds the permitted retail store size of 50,000 square feet maximum. This retail 58 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 18 store, however, will actually combine several allowed uses under one roof. Included within the grocery store will be a full service pharmacy with a drive-thru window, as well as a liquor department which will sell beer, wine and hard liquor. 1.1.1.6 Automobile Service Station 3.5.2.4 Fuel Center/Convenience Store The site has been designed to accommodate the option of an automobile service stationa fuel center with a convenience store that would be located on the building pad located atjust west of the southeast corner of the site. In the event that the developer wishes to develop it for this purpose, the service station use will need to be approved by This fuel center/convenience store is an adjunct to the grocery store/pharmacy anchor tenant. The proposed operation will consist of one 3,000 square-foot convenience market, a 100-foot by 50-foot fueling canopy over three sets of double fuel islands with 12 fueling stations and a monument sign for required pricing and identification. The specific location and design of the monument sign will be part of the overall sign program for the Specific Plan that will be submitted at a future date. The fuel center operation will include dispensing of motor vehicle fuel, an automobile-related air/water unit, and a 3,000 square-foot convenience market that will offer the sale of convenience dry goods and general merchandise, lottery tickets, refrigerated dairy/deli products and prepared food and drinks, including the sale of beer, wine and alcohol, for off-premised consumption. As provided for in the Specific Plan landscape plan, the operation will be heavily screened from Avenue 50 with densely spaced 36-inch box Yellow Oleander planted at 10 feet on center within the landscape set back planting area along Ave 50. Yellow Oleander spreads approximately 8 to 20 feet and develops quickly into a dense medium to large evergreen shrub to 8 feet high, or higher as a small tree to 25 feet, and will be trimmed to effectively screen the operation from Avenue 50 and areas south. The hours of operation of the convenience store/fuel center will be 7:00 AM to 10 PM, unless otherwise approved by the Planning Commission or the Director/Manager of the Design and Development Department. The convenience store/fuel center will be staffed by 15 employees. The anchor tenant Pavilions is responsible for obtaining and maintaining all State, federal and local permits associated with the fuel operations and convenience store. Primary fuel center equipment will include air and water dispensers, two-10,000 gallon and one 20,000-gallon underground tanks along with necessary underground compressors and pumping components. Primary equipment for the convenience store will include refrigerated cases for display and storage of dairy/deli and beverage products, together with related compressors and refrigeration systems. The convenience store will include two restrooms and a manager’s office. 59 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 19 During the operation, typical material such as solvents, paints, lubricants, metals, industrial- grade cleaners, refrigerants, petroleum products and other automotive-related hazardous materials will be utilized. These materials will be handled in accordance with all applicable rules and regulations with respect to hazardous materials. Parking lot lighting, access and customer and truck circulation will be integrated as part of the Specific Plan. Final exterior building design will be subject to future Planning Commission underapproval, but will follow the Contemporary architecture theme as established with Specific Plan. The fuel center and convenience store is currently planned to be associated with the supermarket tenant and will be considered a permitted use in the Specific Plan with an anchor tenant. However, if the fuel center and convenience store will not be developed by the associated supermarket tenant, and rather an unassociated entity, the City will require approval of a Conditional Use Permit. 3.5.2.33.5.2.5 Depth of Entry Access Ways The lengths of threethe east side of the access wayseasterly most Ave 50 drive into the commercial development areis less than the 90 feet as required by the Zoning Code, Section 9.150.080. Due to the fact that this shopping center and parking lot are located diagonally to the adjacent streets, entryways of shorter lengths will allow for greater efficiency in traffic flow in to and through the parking areas. A As a mitigating measure, a dedicated 90-foot deceleration lane will also be provided at each of the shorter entries intended to mitigate any traffic flow problems off of the adjacent public streets.has been provided along its easterly approach. 3.5.2.43.5.2.6 Retention Basin An extensive drainage study was performed to address the retention on the project. Even though the Zoning Code, Section 9.60.240 states that no retention of storm waters is allowed within the setback area other than incidental storm water that falls on the setback, certain areas used for the above ground retention fall into the setback area in several sections of the landscape area due to the meandering of the designated landscape area. Areas will be used with catch basins and drywalls, or combinations thereof, to collect water that eventually flow into the proposed above ground retention areas utilizing the landscape area for capacity. A determination has been made that the proposed retention basin and drainage system will meet or exceed the criteria of the Riverside County Flood Control, Water Conservation District, and the City of La Quinta standards.\ A retention basin was approved for stormwater retention in the previous Specific Plan. This Amendment removes the basin and replaces it with an underground stormwater system. This is consistent with City codes, and no deviation is necessary. 60 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 20 3.5.3 Permitted Uses Community Commercial: • Retail stores under 10,000 square feet floor area per business • Retail stores under 10,000 to 50,000 square feet floor area • Retail stores under 50,000 to 75,000 square feet floor area · • Food, liquor and convenience stores under 10,000 square feet floor area, open less than 18 hours/day • Automobile service stations, with or without minimart, with anchor tenant • Showroom/catalog stores, without substantial onsite inventory • Barber shops, beauty, nail and tanning salons and similar uses • Miscellaneous services such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, and similar uses • Laundromats and dry cleaners except central cleaning plants 
 • Printing, blueprinting and copy services 
 • Pet grooming without overnight boarding 
 • Banks 
 • General and professional offices • Medical offices - physicians, dentists, optometrists, chiropractors, and similar practitioners • Medical centers - four or more offices in one building 
 • Surgical and medical clinics • Restaurants, other than drive-thru • Restaurants, drive-thru 
 • Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops and similar • Commercial recreational 
 • Museum or gallery displaying sculpture, artwork or crafts, including schools for the above
 • Parks, unlighted playfields, and open space 
 • Bicycle, equestrian and hiking trails 
 • Fire stations 
 • Government offices and police stations 
 • Public flood control facilities and devices 
 • Emergency shelters 
 • Auto parts stores, with no repair or parts installation on the premises 
 * Notes: 1. Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2. With no consumption of alcohol on the premises. 61 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 21 3.5.4 3.5.4 Permitted Uses with a Conditional Use Permit Automobile service stations are permitted use within the Community Commercial zoning designation upon approval of a Conditional Use Permit. 3.6 Specific Design Features 3.6.1 Screen Wall In order to mitigate noise and light generated from the shopping center, a solid eight-foot high masonry screen wall that varies in height from 6 feet to 8 feet has been constructed to the City of La Quinta standards between thise commercial Project site and the plannedexisting residential development to the north and west will be constructed to City of La Quinta standards. 3.6.2 Screening of Rooftop Equipment Consistent with the Zoning Code, the design of the buildings will architecturally integrate or screen from view the location of all rooftop and wall mounted mechanical equipment by means of a parapet wall. 3.6.3 Utility Enclosures Unless located underground, any utility enclosures including pallet enclosures, propane/generator enclosures shall consist of masonry materials sufficient in height to screen all storage with solid painted gates provided, with the design, colors, and materials architecturally integrated with that of the shopping center subject to approval of the CommunityDesign and Development Department prior to issuance of a building permit. 3.6.4 Cart Storage Cart storage areas will be provided as required by the City of La Quinta with the design and location subject to approval by the Design and Development DepartmentCommunity Development Director, prior to issuance of a building permit. 3.6.5 Exterior Lighting Exterior lighting for the Project will be designed to comply with the City's "Dark Sky"outdoor lighting ordinance, (Section 9.100.150 of the Municipal Code) and shall be subject to approval by the CommunityDesign and Development Department prior to issuance of building permits. All exterior lighting will incorporate directional lenses and/or will architecturally incorporate shield 62 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 22 lighting elements intended to minimize ambient light from illuminating adjacent streets and residential properties to the satisfaction of the CommunityDesign and Development Department. Parking lot light standards shall be a maximum 2540 feet in height with light elements that will similarly be shielded, and shall provide a uniform minimum average of one (1) candle foot illumination within the parking lot areas. 3.7 Property Rights Prior to the issuance of a grading permit or approval of a final map, the property owner will acquire or confer easements and other property rights required by this Specific Plan or any tentative maps or site development permits necessary in the development of the Specific Plan area. The property owner will also dedicate or grant public and private street right-of- ways and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Right-of-way dedications required of this development will include the following: • Jefferson Street-: 60-foot half of a 120-foot right-of-way. In addition, the owner shall make an irrevocable offer to grant an additional 17 feet of right-of-way, (not to exceed 250 feet in length), for future southbound turn lanes at the Avenue 50 intersection. • Avenue 50 - SO: 50-foot half of a 100-foot right-of-way Dedications will also include additional widths, as necessary for corner cutbacks, bus turnouts and other features contained in the approved construction plans and as per the representations made within this Specific Plan. If the City Engineer determines that access rights to the proposed Jefferson Street and Avenue 50 rights-of- way are necessary prior to development of the commercial area or approval of the final map for the residential subdivision, the developer shall grant easements or permanent right-of- way over those areas within 60 days of written request by the City. The property owner shall create perimeter setbacks along public rights-of-way as follows (listed setback depth is the average depth if meandering wall design is approved): • Jefferson Street - 20: 18 feet (34 feet in areas where deceleration lanes are provided and 37 feet in the area of the future turn lane widening)minimum • Avenue 50 - 20: 18 feet minimum The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately owned setbacks, the property owner shall dedicate blanket easements for those purposes. 63 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 23 The property owner will vacate abutter's rights of access to Jefferson Street and Avenue 50 from all frontage along streets except access points conforming to the General Plan and approved by the City Engineer. The developer will furnish to the City of La Quinta proof of easements or written permission, as appropriate as obtained from owners of any abutting properties on which grading, retaining wall construction, permanent slopes or other encroachments are to occur. 3.8 Administration In accordance with General Plan Programs LU 2.2b and 2.2c, if the need for any changes to the Specific Plan arise, the Design and Development Director will have the authority to waive the need for a Specific Plan amendment under the following circumstances: • When changes to the land use allocation are less than 5%; • When the off‐site circulation pattern and turning movements will not be altered by the proposed change; • When the change is considered minor in nature and does not conflict with the purpose and intent of the Specific Plan; • When no new land use is proposed. 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J Y -- - -- I._ --• -, - - - - p. .� ' V•'' r,.-'may 1•:.T:" ]a t2 F4 - �.: - - ___-___ :. - - - _ P,Si•� i.75 iC _ CHAIP'P;N.? - t w Y FJd EP _ ._ __ Jy TL 4 �=._v 5� - - -' PJL�:-{T'OruE II -PPS 33'FP7�.',!,::-. - _ � - 5 P70Tf: `=761 E C'.' .� ` ill$:^.+k": 3 eQ {? L 'j-w- - _' C9' ari' E _ ,cR - _ . _ hPr: Ap x`•-r- - - ... ��7LC.'"''�E�"•-'y; -^� - c �=R5' V -- .... -_--:SE� �• ET:C sn. CB ,L PljiL r Ll - p Er ;T EP ;!4LlT ADJUST - AND D�:hELL AVENUE_50 J ��L�- •A-.-, " V-D':: N;9V.9 sM ASH' �ASI� C? $ Af RIr,L: nESIG+' CITY OF LA QUINT%, CALIFORNIA SHEET NO. I 1fAi¢K 'ar otirf paw Fat[ VALUE oanwr+; PAVILION PALMS 1 SPA 201 TTM_ EYfiIYEP.3G � �k' PRELIMINARY PRECISE GRADING PLAN OF Ci'A_ E, min=:='... L.n\� 51:=:Ev•:C. L4ti� PL4ti•.':C Q., 1, TATE. AVENUE 50 AND JEFFERSON STREET Z 61_wL1-_11E1 SHEETS [this page left intentionally blank] 80 SO 50' VA?IEs V CI% .5'A91K 1? 5 1 G/L I I PRDP I!qj - EXIST AC� ^ ADJACENT - AC EXIST AC EXIST C&G LX$T IdEAND`_P.INC SIDEWALK C8G SIDEWALK AVE 50 TYPICAL SECTION N T 5 60' St' 55' 8' VAP,IES VARIES VARIE5' ;VAWc VARIES .�r. C/L P,IW i ` PROP R1 J 1 . e81$1 uEDIAN VARIES ALONG VARIES 77 / EXIST AC J - IJEAN'JERING ADJACENT [u51 CRfi EX5T AC FRORTAGE EXIST �4.r .: SIDEWALK SIDEWALK SIDEWALK JEFFERSON ST TYPICAL SECTION NTS I I. SCALE 1"= 40' 0 ro 90 ro GRAPHIC SCALE DEREKALAN.DRIVE FL IM 37.OL FS . , F, s 1Y BLDG 1 ` - - — 4,725 SIF - o { 17-6 ko: 19.0, — F W I rEXSi=;AEP. 37.20 FF 1 '.- � rl}�i� 367Q PADI— _ w cr LY!t14G Y of - 5 r l+ti�.PG?�J'A $7 ` Z O L-19 P.E11AN F5 GHAYBE:$ ` O �PP7v, n� ..IRi RP .y i. LPG .. 1,� Y• :D O } I W LL -! \ EXIST As- /. _ �r'1 I d EXIST o .nt W EXIST a: _ l� - F� µl-J. 1 F EII-h4a LOCK - _ BLDG 2 WALL ToPAu'r _ _ -- SHOP1" _ � � � 1: a' •7r% ,,,s� : _ f •yr,+ _ _—_ 11.101 SE EXISTING -gKLR y,.71� 1C TO @E RELOCATED _ 36 80 FF - 37.15 FF _ si: i] FIFI . 36,65 PAD PROD II/ -T35 t 36 30 PAD 111 T- I T Iy r SEE SHEET 1 QVALUED ISNF,A LRG G 180 N HENSHV STE A.U�LCA 91295 PHONE (909U3) 992-4531<SJt F 1 -r —'PLO? '2J? 25 _ MMI r ✓ lMa [this page left intentionally blank] 82 IFARVIMI LEAY INSO 27270 - - s-- W FOUND 1" I.P. W/ PLUG - ILLEG: FLUSH PER PMB - ---_^ 400 238/12-14 ..� �.J• 3 - - - -- TIION SCALE 1"=60' 1 OE01C TO o w sa uo I' PAfit. EL 1 Y_ C1TY OF LA .7UINTA ' _ _ _ _, ___ _ _ - _ _ -- _ _ _ _ _ GRAPHIC SCALE _ - �..: A-R� � CAPEw FOR STREET AN HIGHNIpY PUI:I$ _E 9'z8;1"w40 "CIA Sa SOS. i 1 A. _ - ?nI1Ff'34:i3'.'E f t OL BFCOURSE VaL 1ENGTIf ' . f . - - --==_ _-fi_".9'R :iY: S& =- -. -� ¢` A N7J'C2'42 _ S ? - -l'� .'• - - - �- t _ V , 3 CC r.NJDC1JT'QJ22'4422'"EE g�1...03=3' - I:.`. . �' y..'.:' . - ��� j .;.., �eTYoM' '/�G-/_ � ff�if '1TE4?'4'57_',..:.�_�•VI �32_9:1�A�i2 L'T....4..� i---- - - - _5•' �C __ _ , III Jo3-�7flA- F]cA� DAlA '2_ N33'57'13` 1137• N07024E 25 DI 'c {�'I II WOiFRA L 3IHD - E NCO02'42'E 594' .00'02'a.E FSTEUAN F TE15 14 8NrGHMAY N :. _.. P11RR75Es- ::0'3-'E 1555' 72:3.i M N00'S k OT55'`Vic" 4 ..i .r P I.'3T45351'I 5g9 _ - - _ _-__ �•I _ %;~ r „I - _ ._...- - .�._...__..-_- �s _ •�. 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EyGINEER TY File: P:\JOBS\531701\CAD\SHEETS\PLANNING\531701 CP03 TPM.dwg Apr 04. 2018 - 7:42pm JefIM " 2-14 F iaL rl f cGTEm 7- - VICINITY MAP NOT TO SCALE PROJECT LOCATION ZONING. %0UH."EST CORNER 0: JEFFERSO`. CC - COMMUNITY COV.VERICAL AV--NUE AND AVENUE 50. LA OURITA, CA SITE OWNER LAND USE BL2. A CALIFORNIA LIMITED PARTNERSHIP CDMMEMCAL 16400 PACIFIC COAST MORNAY. SUITE 237 HUNTINCTON BSACH, CA 92549 FLOOD ZONE CD'TACT: MR GREG 3-AVER -HONE (714) 932-3193 ZONE "R- PER FEVA 17A-p05055C14223 -MAIL GlIB354'2:rO'_C0M ]ATE,': 03/23/2033 CIVIL ENGINEER VALUED ENG:NEERiNGy INC ISO N B NSON AVENUE, SUITE A UPLAND. CA 91785 Q PHONE: (909) _52-4501 CONTACT: LI JEFFEPEY D. MEII PE EMAIL JEFF44ALUED-Er:GCOIN ASSESSOR PARCEL 532-1S3-003, 334. 035. 013. 014 GROSS ACREAGE 1241 -NET ACREAGE 12 11 LEGAL DESCRIPTION PARCEL 1 OF PARCEL I.AP NO 35539-R, AS RECORDED IN PARCEL NAP 630K 235. PAGES 12 THROUGH 14. INCLUSIVE, RECORDS OF PIVERSIDE C.)J.JY, STATE OF CALIFOR:IVA UTILITY PURVEYORS BJ C,Poq,Y II IAL IRRICATION XSTRICT ?HON-: (750) 331-5972 GAS _OUTHEWJ CALIFOR^:IA GAS CVPANY PH.G::E: (903) 335-7355 SEWERIWATER CCACHEL:A VALLEY IVATER DISTRICT PHC::E (760) 333-2551 PHDFEICABLEITV CHARTER PHONE: (763) 674-5455 CPA^,7Jr1 CASTLE PHC::E (724) 4I6-2193 FRCyJIER C0Mk.U.,:CATIG'iS -H,•:E !- S) 333-355- SCHOOL DISTRICT I-- '•JI')S=_.�, SC.iOD! D: ;T':CT :75D) r777-4230 EXISTING EASEMENTS hN EASEMENT FOR DITCHES AND CAi:ALS, IN FAVOR OF THE UNITED STATES OF Aq!EP,!CA, P,ECO2DED N BOOK 7, PAGE 310. OF PATENTS (NOT PLOTTABLE) AN EASEMENT FO? PUBLIC HIGH'VIAY AND INCID-NTAL ?JR"JS=S, RECORDED 4/17/1953 AS I\ST. r•O. 32542, C.R (NOT ?LOTTARLE) O CE:JTERLIN= -0= AN EASEMENT 14T TO -xCE D a' IN .ITHI R D:2EC»DN FOR P..Y IIIER LINF AND 1\D:CEJTAL PURPOSES 1% FAVO'. OF IMPERIAL IRRIGATION D:STPICT, RECORDED 11/12/i935 AS INST. NO. 236324, OR AN EASEMENT FOR RIGHT OF WAS. NDROAD:rAY AN' INCIDENTAL PUZAES IN FAVOR OF THE CITY OF LA CUINTA, RECORDED 11/15/1909 AS INSL NO. 591876, OR Qi A B:ANKET EASEMENT FOR INGRESS/EGRESS, ACCESS AND UTILIITES AND INCIDENTAL �'JRPOS`S, R-CORD D 112412909 AS IN -IT, 110. 2003-325234, OR O AN EU=N=NT : 3R CDNDJITS, =ACILITIES AND INCi}_:.TAL PUR?OS=S IN FAVOR OF VERIZON CALIFDRiJIA, R-CD2'DE3 4/3D/2302 AS INST NO. 2392-226203, OR '::OT ?LOTTA9LE) Q AN EASEMENT FOR PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF COACHELLA VALLEY UATEP DSTNCL RECOPDED 12/27/2002 AS I`:ST NO. 2D02-773,'Q. O.R. (EASEVENT TO BE DUITCIAIM.ED A':D RE-FECORDEC TO NEYY LOCATION VIA I P7APATE D:STRUVE-:T) CITY OF LA QUINTA, CALIFORNIA TENTATIVE PARCEL MAP NO. 37370 SHEET NO. 3 OF 3 SHEETS [this page left intentionally blank] 84 City of La Quinta SDP 2017-0009 Fairway Specific Plan Amendment No. 2 Specific Plan Comparison between Amendment 1 Amendment 2 Page 27 Attachment 4 Conditions of Approval Fairway Shopping Center Specific Plan Resolution 99-63 Conditions of Approval – Final Specific Plan 98-034 Lundin Development May 18, 1999 85 [this page left intentionally blank] 86 87 88 89 90 91 92 93 94 95 96 ATTACHMENT 4 1 Traffic Impact Analysis for the proposed Pavilion Palms Center at the northwest corner of Jefferson Street and Avenue 50 Submitted to September 2019 Submitted by TRANSPORTATION CONSULTING ENGINEERS ATTACHMENT 5 1 TRANSPORTATION CONSULTING ENGINEERS 211 Imperial Highway, Suite 208 | Fullerton, CA 92835 (714) 992-2990 | F (714) 992-2883 | aga@albertgrover.com September 5, 2019 Mr. Bryan McKinney, PE City Engineer City of La Quinta Public Works 78-495 Calle Tampico La Quinta, California 92253 RE: Traffic Impact Analysis for proposed redevelopment project on the northwest corner of the intersection of Jefferson Street and Avenue 50 in the City of La Quinta Dear Mr. McKinney: Albert Grover & Associates (AGA) is pleased to present to the City of La Quinta this Traffic Impact Analysis (TIA) for a proposed multi-use project to be located on the northwest corner of the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. The 119,000 square-foot development, also known as the Pavilion Palms Center, is proposed within a currently-vacant lot and would include a Pavilions supermarket with fueling station as well as various smaller restaurant and retail businesses. This TIA has been prepared in accordance with City of La Quinta Engineering Bulletin #06-13 and the City’s General Plan as well as standard traffic engineering practices. The preparation process included discussions with City staff as well as our professional evaluations of traffic factors pertinent to the study area. This study provides an assessment of the most probable traffic and transportation outcomes should the proposed project be approved, constructed, and fully occupied. We trust that these analyses will be of assistance to you, the City, and others. Should you have any questions regarding this study or its conclusions, please do not hesitate to contact me or Ms. Kawai Mang at our office. Respectfully submitted, ALBERT GROVER & ASSOCIATES David Roseman, TE Principal Transportation Engineer \828-001\2018 Update\Report\Cover Letter.docx 2 Colyton Street Redevelopment Traffic Impact Analysis Page i TABLE OF CONTENTS SECTION PAGE Executive Summary .................................................................................................................. i I Introduction .............................................................................................................................. 1 Purpose ............................................................................................................................... 1 Project Description ............................................................................................................... 1 Study Intersections .............................................................................................................. 1 Intersection Analysis Methodology ...................................................................................... 6 Significant Impact Criteria .................................................................................................... 7 Congestion Management Program ...................................................................................... 7 II Proposed Project Traffic Projections ..................................................................................... 8 Project Trip Generation ........................................................................................................ 8 Project Trip Distribution and Assignment ............................................................................. 8 III Existing (Year 2019) Level of Service Analysis ................................................................... 12 Existing Conditions ............................................................................................................ 12 Existing Conditions + Project Traffic .................................................................................. 15 IV Project Opening Day (Year 2021) Level of Service Analysis .............................................. 17 Ambient Area Growth......................................................................................................... 17 Related Project Analysis .................................................................................................... 17 Opening Day Conditions (without Project) ......................................................................... 18 Opening Day Conditions + Project Traffic .......................................................................... 20 V Proposed Improvements ....................................................................................................... 22 New Traffic Signal Installation ............................................................................................ 22 Opening Day Conditions + Project Traffic with New Signal ............................................... 22 VI Summary and Conclusions ................................................................................................... 24 3 Colyton Street Redevelopment Traffic Impact Analysis Page ii LIST OF FIGURES FIGURE PAGE 1 Study Area and Proposed Project Location ...................................................................................... 2 2 Proposed Project Site Plan ........................................................................................................ 3 3 Existing Intersection Geometrics ................................................................................................ 5 4 Proposed Project Trip Distribution ............................................................................................ 10 5 Proposed Project Traffic Volumes ............................................................................................ 11 6 Existing Conditions Traffic Volumes (2019) .............................................................................. 14 7 Existing Conditions with Project Traffic ........................................................................................... 16 8 Opening Day Conditions (2021) ..................................................................................................... 19 9 Opening Day with Project Traffic .................................................................................................... 21 10 Opening Day with Project Traffic & Improvements ......................................................................... 23 LIST OF TABLES TABLE PAGE 1 Proposed Project Site Plan ........................................................................................................ 4 2 Level of Service Rankings: Traffic Signals ................................................................................. 6 3 Level of Service Rankings: Unsignalized Locations ................................................................... 7 4 Proposed Project Trip Generation .............................................................................................. 9 5 24-hour Roadway Traffic Volumes ........................................................................................... 12 6 Existing Conditions Analysis (2019) ......................................................................................... 13 7 Existing Conditions with Project Traffic ..................................................................................... 15 8 Citrus Plaza Expansion Trip Generation (Estimated) ............................................................... 17 9 Opening Day Conditions Analysis (2021) ................................................................................. 18 10 Opening Day Conditions with Project Traffic ............................................................................ 20 11 Opening Day with Project and New Signal ............................................................................... 22 12 Intersection LOS Analysis Summary – AM Peak Hour ............................................................. 25 13 Intersection LOS Analysis Summary – PM Peak Hour ............................................................. 25 LIST OF APPENDICES APPENDIX A Proposed Project Site Plan B Existing Traffic Volume Data C Intersection Analysis Worksheets D Proposed Citrus Plaza Site Plan 4 Page i Pavilion Palms Traffic Impact Analysis EXECUTIVE SUMMARY Background The purpose of this traffic impact analysis is to evaluate potential traffic impacts of the proposed Pavilion Palms commercial shopping center development in the City of La Quinta. This study has been prepared in accordance with City of La Quinta General Plan, dated November 19, 2013; Engineering Bulletin (EB) 06-13, dated December 19, 2006; and study parameters developed in conjunction with City staff. The study and analyses are based on recent traffic data, information provided by the developer and/or their representatives, City comments, field review of the study area, and pertinent reference materials. Project Description The proposed project site is a 12-acre vacant lot located on the northwest corner of the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. The proposed project site plan (Appendix A) proposes to construct a mixed-use shopping, service, and dining development, with access via four driveways: two to the south on Avenue 50 and two to the east on Jefferson Street. The proposed project would be anchored by a 63,000 square- foot Pavilions grocery store and includes restaurants, banks, and retail units, as well as a fuel center, totaling approximately 119,000 square feet of gross floor area. It is expected to be completed and fully occupied in 2021. The project trip generation, trip distribution, and LOS analyses are based on the ITE Trip Generation Manual, the City’s General Plan, and EB 06-13. Accounting for the proposed site plan, anticipated pass-by trip rates, and internal trip capture, the project is expected to generate 664 net new trips in the AM peak hour and 999 net new trips in the PM peak hour on the surrounding roadway network. Methodology The study considers five analysis scenarios at nine study intersections as outlined below: UAnalysis Scenarios: • Existing conditions (year 2019) • Existing conditions + project traffic • Opening day conditions (year 2021) • Opening day conditions + project traffic • Opening day + project + improvements UStudy Intersections: 1. Jefferson Street @ Avenue 48 2. Jefferson Street @ Avenue 49 3. Avenue 50 @ Park Avenue 4. Jefferson Street @ Avenue 50 5. Avenue 50 @ Madison Street 6. Jefferson Street @ Pomelo 7. Jefferson Street @ Avenue 50 8. Jefferson Street @ N project driveway 9. Avenue 50 @ E project driveway 5 Page ii Pavilion Palms Traffic Impact Analysis Traffic operations analyses for the existing conditions are based on traffic volume data collected in November 2018, normalized for the 2019 peak season per EB 06-13. The opening day conditions analysis also considers expected ambient area growth and planned/approved projects within the area (“related projects”). Per EB 06-13, this study employs the latest Highway Capacity Manual (HCM) method to analyze traffic operation conditions at signalized study intersections. The HCM method uses lane geometrics, traffic volumes, and traffic signal timing parameters to determine average delays for vehicles traveling through the intersection and subsequently rank the intersection operations from Level-of-Service (LOS) A to F, accordingly. Per the General Plan, the City considers LOS D to be the minimum acceptable LOS at signalized intersections throughout the City and LOS E to be the minimum acceptable LOS at two-way stop-controlled intersections such as the project driveways. The project’s potential traffic impacts are evaluated by the City’s significant traffic impact criteria as stated in EB 06-13, based on changes in average intersection delay. Findings Under existing conditions as well as future conditions before project opening, the study intersections operate at LOS D or better during both the AM and PM peak hours. Per the analysis, no significant traffic impacts are expected at any signalized study intersection during the peak hours, including at the project driveways. Per EB 06-13, LOS E is considered acceptable conditions for the stop- controlled driveways. Meanwhile, there may be some delays for vehicles entering traffic on both Jefferson Street and Avenue 50 from the project driveways as well as for vehicles making left turns into the project from Jefferson Street. That is, customers exiting the project or the opposing development may expect to wait a few seconds. Therefore, the potential future installation of a traffic signal on Jefferson Street at the northerly project driveway is expected to improve driveway LOS by facilitating access for both the project and the development on the east side of Jefferson Street. This potential traffic signal would be a future City consideration under traffic conditions most likely to occur after the completion of both the proposed project and the Citrus Plaza expansion. 6 Page iii Pavilion Palms Traffic Impact Analysis Delay*LOS Delay*LOS Significant Impact Delay*LOS Delay*LOS Significant Impact Delay*LOS Significant Impact 1 Jefferson St @ Ave 48 38.5 D 40.0 D NO 42.6 A 43.9 D NO 43.9 D NO 2 Jefferson St @ Ave 49 18.0 B 20.4 C NO 21.0 A 23.3 C NO 23.3 C NO 3 Ave 50 @ Park Ave 20.1 C 20.7 C NO 20.5 A 21.1 C NO 21.1 C NO 4 Jefferson St @ Ave 50 40.9 D 41.5 D NO 38.3 A 41.0 D NO 38.8 D NO 5 Ave 50 @ Madison St 18.5 B 18.7 B NO 19.1 A 20.1 C NO 20.1 C NO 6 Jefferson St @ Pomelo 10.4 B 11.7 B NO 11.5 A 12.1 B NO 12.1 B NO 7 Jefferson St @ Ave 52 13.8 B 15.9 C NO 10.0 A 11.0 B NO 11.0 B NO 8 Jefferson St @ N project dwy 13.8 B 14.4 B NO 15.5 A 16.3 C NO 10.3 B NO 9 Ave 50 @ E project dwy --#N/A 18.0 C NO --#N/A 18.2 C NO 16.4 C NO Delay*LOS Delay*LOS Significant Impact Delay*LOS Delay*LOS Significant Impact Delay*LOS Significant Impact 1 Jefferson St @ Ave 48 42.8 D 47.3 D NO 48.4 D 50.3 D NO 50.3 D NO 2 Jefferson St @ Ave 49 20.2 C 18.6 B NO 22.7 C 28.3 C NO 28.3 C NO 3 Ave 50 @ Park Ave 19.1 B 22.6 C NO 20.7 C 23.9 C NO 23.9 C NO 4 Jefferson St @ Ave 50 43 D 15.4 B NO 46.2 D 52.6 D NO 44.5 D NO 5 Ave 50 @ Madison St 19.9 B 21.2 C NO 20.4 C 16.8 B NO 16.8 B NO 6 Jefferson St @ Pomelo 10.3 B 11.8 B NO 12.4 B 14.4 B NO 14.4 B NO 7 Jefferson St @ Ave 52 9.9 A 11.3 B NO 19.5 C 26.2 D NO 26.2 D NO 8 Jefferson St @ N project dwy 16.2 C 28.1 D NO 19.4 C 42.3 E NO 21.1 C NO 9 Ave 50 @ E project dwy --#N/A 45.3 E NO --#N/A 36.4 E NO 24.2 C NO * average vehicle delay calculated in seconds for all approaches at traffic signals and roundabouts and for driveway approaches only at driveway locations Table 13: Intersection LOS Analysis Summary – PM Peak Hour Existing Conditions (2019) Existing Conditions + Project Traffic Opening Day Conditions (2021) Opening Day Conditions + Project Traffic Opening Day + Project Traffic with Improvements Intersection Table 12: Intersection LOS Analysis Summary – AM Peak Hour Existing Conditions (2019) Existing Conditions + Project Traffic Opening Day Conditions (2021) Opening Day Conditions + Project Traffic Opening Day + Project Traffic with Improvements Intersection 7 Page 1 Pavilion Palms Traffic Impact Analysis I. INTRODUCTION Purpose The purpose of this traffic impact analysis is to evaluate potential traffic impacts of the proposed Pavilion Palms commercial shopping center development on the northwest corner of the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. This study has been prepared in accordance with City of La Quinta General Plan, dated November 19, 2013; Engineering Bulletin (EB) #06-13, dated December 19, 2006; and study parameters developed in conjunction with City staff. The study and analyses are based on recent traffic data, information provided by the developer and/or their representatives, City comments, field review of the study area, and pertinent reference materials. Project Description The proposed project site is a 12-acre vacant lot located on the northwest corner of the intersection of Jefferson Street and Avenue 50 in the City of La Quinta (Figure 1). The proposed project site plan (Figure 2, details in Appendix A) proposes to construct a mixed-use shopping, service, and dining development, with access via four driveways: two to the south on Avenue 50 and two to the east on Jefferson Street. The proposed project would be anchored by a 63,000 square-foot Pavilions grocery store and includes restaurants, banks, and retail units, as well as a fuel center (Table 1), totaling approximately 119,000 square feet of gross floor area. It is expected to be completed and fully occupied in 2021. Study Intersections Based on a review of the proposed project, existing roadway network, and anticipated project traffic generation, the following study intersections were approved by City staff: 1. Jefferson Street @ Avenue 48 Traffic Signal 2. Jefferson Street @ Avenue 49 Traffic Signal 3. Avenue 50 @ Park Avenue Traffic Signal 4. Jefferson Street @ Avenue 50 Traffic Signal 5. Avenue 50 @ Madison Street Traffic Signal 6. Jefferson Street @ Pomelo Traffic Signal 7. Jefferson Street @ Avenue 52 Roundabout 8. Jefferson Street @ N project driveway Unsignalized driveway 9. Avenue 50 @ E project driveway Unsignalized driveway Figure 3 shows the existing lane geometrics and traffic control at all study intersections. 8 Page 2 Pavilion Palms Traffic Impact Analysis Figure 1: Study Area and Proposed Project Location Madison St Ave 48 Jefferson St Ave 49 Ave 50 Ave 52 5 1 2 3 6 7 8 9 4 9 Page 3 Pavilion Palms Traffic Impact Analysis Figure 2: Proposed Project Site Plan Ave 50 Jefferson St 10 Page 4 Pavilion Palms Traffic Impact Analysis Pavilions Retail Grocery 850 :Supermarket 63,000 SF Retail 1 Retail 820 :Shopping Center 4,400 SF Building 1 Retail/Restaurant 932 :High-Turnover (Sit-Down) Restaurant 4,725 SF Building 2 Retail/Food/Bank 934 :Fast-Food Restaurant with Drive-Through Window 4,150 SF Building 3 Retail/Restaurant 934 :Fast-Food Restaurant with Drive-Through Window 4,000 SF Building 4 Retail/Restaurant 820 :Shopping Center 6,360 SF Building 5 Service/Bank 912 :Drive-in Bank 4,900 SF Building 6 Service/Bank 912 :Drive-in Bank 3 4,100 SF Building 7 Retail 945 :Gasoline/Service Station with Convenience Market 815 SF Building 8 Retail/Restaurant 932 :High-Turnover (Sit-Down) Restaurant 4,675 SF Building 9 Restaurant 931 :Quality Restaurant 6,357 SF Shop 1 Food/Retail/Service 820 :Shopping Center 11,700 SF 119,182 SF 1 Institute of Transportation Engineers (ITE), Trip Generation Manual, 10th Ed. (2017) 2 SF - Square Feet 3 ITE Land Use Code 912 (Drive-In Bank) used due to insufficient data provided for ITE Code 911 (Walk-In Bank). Gross Floor Area2 OVERALL SITE PLAN Table 1: Proposed Project Site Plan Building Proposed Business Type ITE Land Use Code 1 11 Page 5 Pavilion Palms Traffic Impact Analysis 12 Page 6 Pavilion Palms Traffic Impact Analysis Intersection Analysis Methodology This traffic impact analysis performs intersection Level-Of-Service (LOS) analyses for the following scenarios for both the morning (AM) and afternoon (PM) peak hours: ♦ Existing conditions (year 2019) o UWithoutU project scenario o UWithU project scenario ♦ Opening day conditions (year 2021) o UWithoutU project scenario o UWithU project scenario o UWithU project and proposed improvements scenario Per EB 06-13, this study employs the latest Highway Capacity Manual (HCM) method to analyze traffic operation conditions at signalized study intersections. The HCM method uses lane geometrics, traffic volumes, and traffic signal timing parameters to determine average delays for vehicles traveling through the intersection. These delays are then used to rank the intersection operations from Level-of-Service (LOS) A to F, in a similar fashion to educational grading systems. Generally, intersection operations from LOS A through LOS D are considered to be acceptable operational conditions, while LOS E and LOS F are typically defined as over-capacity conditions. LOS rankings at signalized intersections are based on average vehicle delays for all vehicles traveling through the intersection (Table 2), while LOS rankings at unsignalized driveway intersections are based on the driveway approach with the highest delays (Table 3). LOS Description 0 -10 A Free flow 10 -20 B Stable flow (slight delay) 20 -35 C Stable flow (acceptable delay) 35 -55 D Approaching unstable flow (tolerable delay) 55 -80 E Unstable flow 80 +F Forced flow Table 2: Level of Service Rankings Traffic Signals Average Delay per Vehicle 13 Page 7 Pavilion Palms Traffic Impact Analysis Significant Impact Criteria Per the General Plan, the City considers LOS D to be the minimum acceptable LOS at signalized intersections. The project’s potential traffic impacts are evaluated by the City’s significant traffic impact criteria, based on changes in vehicle delay. Per EB 06-13, traffic impacts are considered significant under the following conditions: • At signalized intersections with a pre-project LOS of D or better, the addition of the proposed project traffic results in LOS E or F operations. • At signalized intersections with a pre-project LOS of E, the addition of the proposed project traffic results in LOS F operations, UorU increases the average intersection delay by two or more seconds. • At signalized intersections with a pre-project LOS of F, the addition of the proposed project traffic increases the average intersection delay by one or more seconds. • At unsignalized intersections with two-way or side-street stop control (such as driveways), the addition of the proposed project traffic results in LOS F operations UandU increases the average intersection delay by three or more seconds. Congestion Management Program In June 1990, the passage of California Proposition 111 brought both a statewide gasoline tax increase and an accompanying requirement that each urbanized area in the state with a population of 50,000 or greater adopt a Congestion Management Program (CMP). The nearest Riverside County CMP monitoring location is the intersection of Jefferson Street and SR-111, about 1.5 miles north of the project, outside of the study area. Therefore, no significant impacts to the CMP network are anticipated to be generated by the proposed project. LOS Description 0 -10 A Usually no conflicting traffic 10 -15 B Occasionally some delay 15 -25 C Delay noticeable, but not inconveniencing 25 -35 D Delay noticeable and irritating 35 -50 E Delay approaches tolerance level 50 +F Delay exceeds tolerance level Table 3: Level of Service Rankings Unsignalized Locations Average Delay per Vehicle 14 Page 8 Pavilion Palms Traffic Impact Analysis II. PROPOSED PROJECT TRAFFIC PROJECTIONS Project Trip Generation The Institute of Transportation Engineers (ITE) Trip Generation Manual – 10th Edition (2017) uses thousands of studies across the nation to determine common trip generation characteristics by land use. Using the Manual, the anticipated project trip generation was determined using parameters given by various ITE Land Use Codes, including #820 (Shopping Center), #850 (Supermarket), #912 (Drive-In Bank), #932 (High-Turnover Restaurant), and #945 (Gasoline Station with Convenience Market). It is also common to determine the trip generation for the existing land uses at the project site and deduct those trips from the project trips to determine the net new trips generated. In this case, as the project site is currently a vacant lot, there are no existing vehicles accessing the site and therefore no existing trip credits are applied. Typically, a portion of trips accessing new commercial developments may be vehicles already present on the roadway system. Such trips are referred to as “pass-by” trips; i.e., vehicles already on the roadway that will make an intermediate stop at the development before continuing on their original routes. Pass-by trip percentages can range from a few percent for some specialized retail uses to as high as 80% for fast-food and/or coffee shops with drive-through lanes. For this study, a 20% pass-by trip reduction rate is applied to the calculated project trip generation to provide a conservative “worst-case” analysis. However, per standard traffic engineering practices and typical project traffic characteristics, no pass-by trip reductions are applied at the project driveways. Additionally, businesses located within commercial areas typically experience what is referred to as “internal trip capture,” where some trips are made to more than one business in the vicinity (e.g., a pharmacy and a laundromat, or a retail store and a café, etc.). In some cases, the internal trip capture can result in a total trip reduction of as much as 15-20%. The proposed project is a multi-use development, where it is likely that supermarket patrons might also utilize the fuel station, for example, or park once within the project parking lots and walk to an adjacent restaurant as well. For this study, a 10% internal trip capture rate is applied to provide a conservative “worst-case” analysis. After determining the appropriate project trip generation and applicable trip credits, it is expected that the proposed project will generate approximately 664 net new trips in the AM peak hour and 999 net new trips in the PM peak hour. Table 4 gives the ITE trip generation rates, project trip generation, and trip reduction credits applied to this project for the typical weekday 24-hour, AM peak hour, and PM peak hour periods. Project Trip Distribution and Assignment Once it is determined how many trips the proposed project is anticipated to generate, those vehicle trips are distributed over the nearby roadway network. Per discussions with City staff, the project trips are assigned to the various movements at the study intersections in roughly a similar fashion to the current traffic patterns in the area. 15 Page 9 Pavilion Palms Traffic Impact Analysis A graphical summary of the project trip distribution is given by percentage (Figure 4) as well as trip volumes (Figure 5). In Out Total In Out Total Pavilions 850 :Supermarket 6,727 144 96 240 297 285 582 Retail 1 820 :Shopping Center 166 3 2 5 8 9 17 Building 1 932 :High-Turnover (Sit-Down) Restaurant 530 26 21 47 29 18 47 Building 2 934 :Fast-Food Restaurant with Drive-Through Window 1,954 85 82 167 71 65 136 Building 3 934 :Fast-Food Restaurant with Drive-Through Window 1,884 82 79 161 68 63 131 Building 4 820 :Shopping Center 240 4 2 6 12 13 25 Building 5 912 :Drive-in Bank 490 27 20 47 50 50 100 Building 6 912 :Drive-in Bank 2 410 23 16 39 42 42 84 Building 7 945 :Gasoline/Service Station with Convenience Market 2,464 76 73 149 86 82 168 Building 8 932 :High-Turnover (Sit-Down) Restaurant 524 26 21 47 28 17 45 Building 9 931 :Quality Restaurant 533 23 6 29 33 16 49 Shop 1 820 :Shopping Center 442 7 4 11 21 23 44 16,364 526 422 948 745 683 1,428 3,273 105 84 189 149 137 286 1,636 53 42 95 75 68 143 11,455 368 296 664 521 478 999 1 Institute of Transportation Engineers (ITE), Trip Generation Manual, 10th Ed. (2017) 2 ITE Land Use Code 912 (Drive-In Bank) used due to insufficient data provided for ITE Code 911 (Walk-In Bank). TOTAL NET NEW PROJECT TRIPS PROJECT TRIPS SUBTOTAL Table 4: Proposed Project Trip Generation DailyBuildingITE Land Use Code 1 PM Peak HourAM Peak Hour 20% PASS-BY CREDIT 10% INTERNAL CAPTURE CREDIT 16 Page 10 Pavilion Palms Traffic Impact Analysis 17 Page 11 Pavilion Palms Traffic Impact Analysis 18 Page 12 Pavilion Palms Traffic Impact Analysis III. EXISTING (YEAR 2018) LEVEL OF SERVICE ANALYSIS Existing Conditions The proposed project site is a twelve-acre vacant lot located on the northwest corner of the intersection of Jefferson Street and Avenue 50, opposite the existing Citrus Plaza in the City of Indio, which includes a Ralphs grocery store and various other businesses. Accordingly, the study intersections (Figure 3) are located along the arterial roadways of Jefferson Street and Avenue 50. Other roadways included in this study are Avenue 48, Avenue 49, Park Avenue, Madison Street, Pomelo, and Avenue 52. Within the study area, Jefferson Street forms part of the eastern border of the City of La Quinta, as a six-lane, north-south roadway designated as a Major Arterial and divided by a raised, landscaped median. Avenue 48, Avenue 50, and Avenue 52 are four-lane, east-west roadways designated as Primary Arterials. Madison Street is a four-lane, north-south roadway designated as a Primary Arterial. To establish a baseline analysis for existing conditions (year 2019), 24-hour roadway traffic counts and intersection turning movement counts were conducted within the study area on Tuesday, November 20, 2018 (Appendix C). 24-hour roadway traffic volumes were collected at the following locations (Table 3): • Jefferson Street north of Avenue 49 • Jefferson Street between Avenue 49 and Avenue 50 • Jefferson Street south of Avenue 50 • Avenue 50 west of Jefferson Street • Avenue 50 east of Jefferson Street In the vicinity of the proposed project, Jefferson Street carries approximately 26,000 vehicles daily in both directions as a major regional roadway, while Avenue 50 carries approximately 10,000 vehicles daily. NB/EB SB/WB Total north of Avenue 49 14,384 15,812 30,196 between Ave 49 & Ave 50 12,450 13,143 25,593 south of Avenue 50 10,415 10,312 20,727 west of Jefferson Street 4,807 5,326 10,133 east of Jefferson Street 5,608 5,564 11,172 Avenue 50 Jefferson Street North-South East-West Table 5: 24-hour Roadway Traffic Volumes Roadway Location Orientation 24-hour Volumes 19 Page 13 Pavilion Palms Traffic Impact Analysis As a popular recreational destination, the demographics of the City of La Quinta vary throughout the year. Per the 2006 Bulletin and 2013 General Plan, the period of January through March is considered the City’s peak season; therefore, the intersection turning movement data is increased by 5% to normalize the analysis for 2019 peak season traffic conditions. Per the intersection turning movement counts and peak-season adjustment factor, Figure 6 shows the existing traffic volumes during the AM and PM peak hours. The existing intersection LOS is summarized in Table 4, with detailed analysis worksheets provided in Appendix D. Under existing conditions, all study intersections operate at LOS D or better during both the AM and PM peak hours. Avg Delay LOS V/C Avg Delay LOS V/C 1 Jefferson St @ Ave 48 Traffic Signal 38.5 D 0.82 42.8 D 0.83 2 Jefferson St @ Ave 49 Traffic Signal 18.0 B 0.57 20.2 C 0.75 3 Ave 50 @ Park Ave Traffic Signal 20.1 C 0.48 19.1 B 0.49 4 Jefferson St @ Ave 50 Traffic Signal 40.9 D 0.65 43.0 D 0.69 5 Ave 50 @ Madison St Traffic Signal 12.8 B 0.45 14.7 B 0.59 6 Jefferson St @ Pomelo Traffic Signal 10.4 B 0.5 10.3 B 0.54 7 Jefferson St @ Ave 52 Roundabout 13.8 B 0.93 9.9 A 1.21 8 Jefferson St @ N project dwy Side-Street Stop 13.8 B 0.36 16.2 C 0.48 9 Ave 50 @ E project dwy Side-Street Stop --#N/A 0.21 --#N/A 0.26 AM Peak Hour PM Peak Hour Table 6: Existing Conditions Analysis (2019) Intersection Traffic Control 20 Page 14 Pavilion Palms Traffic Impact Analysis 21 Page 15 Pavilion Palms Traffic Impact Analysis Existing Conditions + Project Traffic To analyze the “existing conditions + project traffic” scenario, the expected project trips are added to the existing traffic volumes at the study intersections according to the anticipated project trip distribution, while the pass-by project trips are added back into the traffic volumes only at the project driveways. The resulting traffic volumes are shown in Figure 7. The “existing conditions + project traffic” LOS analysis is summarized in Table 5, with detailed analysis worksheets provided in Appendix D. When adding the anticipated project trips to existing traffic flows, all study intersections are expected to continue operating at LOS C or better during the AM peak hour and at LOS D or better during the PM peak hour, except for the study driveway on Avenue 50. Per EB 06-13, however, this is considered acceptable traffic operations conditions for a stop control at a driveway location. The additional project trips are expected to have a minimal effect on traffic operations within the study area. Avg Delay LOS V/C Avg Delay LOS V/C 1 Jefferson St @ Ave 48 Traffic Signal 40.0 D 0.82 47.3 D 0.85 2 Jefferson St @ Ave 49 Traffic Signal 20.4 C 0.58 18.6 B 0.79 3 Ave 50 @ Park Ave Traffic Signal 20.7 C 0.5 22.6 C 0.52 4 Jefferson St @ Ave 50 Traffic Signal 41.5 D 0.67 46.6 D 0.76 5 Ave 50 @ Madison St Traffic Signal 13.5 B 0.68 49.2 D 0.62 6 Jefferson St @ Pomelo Traffic Signal 11.7 B 0.52 11.8 B 0.58 7 Jefferson St @ Ave 52 Roundabout 15.9 C 0.96 11.3 B 1.26 8 Jefferson St @ N project dwy Side-Street Stop 14.4 B 0.38 28.1 D 0.53 9 Ave 50 @ E project dwy Side-Street Stop 18.0 C 0.32 45.3 E 0.4 Table 7: Existing Conditions with Project Traffic Intersection Traffic Control AM Peak Hour PM Peak Hour 22 Page 16 Pavilion Palms Traffic Impact Analysis 23 Page 17 Pavilion Palms Traffic Impact Analysis IV. PROJECT OPENING DAY (YEAR 2021) LEVEL OF SERVICE ANALYSIS Ambient Area Growth Should the City approve the proposed project, it is expected to open for business (i.e., construction would be completed and leases fully occupied) in 2021. To assess the future anticipated traffic conditions, the project opening day traffic conditions consider additional traffic volumes attributable to ambient area growth. Per discussions with City staff, near-term traffic growth rates in the study area are expected to be approximately one percent per year, while potential nearby developments are expected to increase traffic by an additional one percent per year. Therefore, existing traffic volumes were increased by four percent to reflect the anticipated regional ambient growth from 2019 to 2021. Related Project Analysis Additional traffic from a planned expansion of the existing Citrus Plaza, located across Jefferson Street from the proposed project site, is also added to the opening day traffic volumes, based on project details obtained from the applicant developer and City of Indio staff. Table 8 provides the anticipated Citrus Plaza expansion trip generation, based on ITE rates and a proposed site plan dated September 18, 2018 (Appendix D). In Out Total In Out Total Ralphs Gas 944 :Gasoline/Service Station 18 FP 3,034 113 113 226 141 141 282 Hotel 310 :Hotel 120 RM 980 34 29 63 42 31 73 Restaurants 932 :High-Turnover (Sit- Down) Restaurant 7,600 SF 853 61 46 107 69 64 133 Shops 820 :Shopping Center 19,500 SF 736 11 7 18 36 39 75 Ralphs Expansion 850 :Supermarket 20,000 SF 2,136 46 31 77 94 91 185 7,739 265 226 491 382 366 748 1,548 53 45 98 76 73 149 774 27 23 50 38 37 75 5,417 185 158 343 268 256 524 1 Based on City of La Quinta Engineering Bulletin 06-13 and ITE standard practices 2 Institute of Transportation Engineers (ITE), Trip Generation Manual, 10th Ed. (2017) 3 FP = fueling positions, RM = rooms, SF = square feet Table 8: Citrus Plaza Expansion Trip Generation (Estimated)1 DailyDescriptionITE Land Use Code2 PM Peak HourAM Peak Hour Size 3 PROJECT TRIPS SUBTOTAL 20% PASS-BY TRIP CREDIT TOTAL NET NEW PROJECT TRIPS 10% INTERNAL CAPTURE TRIP CREDIT 24 Page 18 Pavilion Palms Traffic Impact Analysis Opening Day Conditions (without Project) With the anticipated traffic from the nearby related projects and ambient area growth added to the existing traffic volumes (Figure 8), all study intersections are still expected to operate at LOS D or better during both the AM and PM peak hours (Table 9, details in Appendix C). Avg Delay LOS V/C Avg Delay LOS V/C 1 Jefferson St @ Ave 48 Traffic Signal 42.6 D 0.84 48.4 D 0.86 2 Jefferson St @ Ave 49 Traffic Signal 21.0 C 0.6 22.7 C 0.78 3 Ave 50 @ Park Ave Traffic Signal 20.5 C 0.5 20.7 C 0.52 4 Jefferson St @ Ave 50 Traffic Signal 38.3 D 0.68 46.2 D 0.75 5 Ave 50 @ Madison St Traffic Signal 13.3 B 0.61 15.8 B 0.8 6 Jefferson St @ Pomelo Traffic Signal 11.5 B 0.52 12.4 B 0.57 7 Jefferson St @ Ave 52 Roundabout 10.0 A 0.98 19.5 C 1.29 8 Jefferson St @ N project dwy Side-Street Stop 15.5 C 0.43 19.4 C 0.57 9 Ave 50 @ E project dwy Side-Street Stop --#N/A 0.25 --#N/A 0.27 Table 9: Opening Day Conditions Analysis (2021) Intersection Traffic Control AM Peak Hour PM Peak Hour 25 Page 19 Pavilion Palms Traffic Impact Analysis 26 Page 20 Pavilion Palms Traffic Impact Analysis Opening Day Conditions + Project Traffic To assess the anticipated impacts of the proposed project on its opening day (year 2021), the anticipated project trips (Figure 5) are added to the “opening day without project” analysis, which includes expected traffic volumes from ambient area growth and related regional projects (Figure 9). The intersection LOS analysis for the “opening day + project traffic” scenario is summarized in Table 10, with detailed analysis worksheets provided in Appendix C. With the anticipated traffic from the proposed project, cumulative projects, and ambient area growth added to the existing traffic volumes, all signalized study intersections are expected to continue operating at LOS D or better during both the AM and PM peak hours. The additional project trips are expected to have a minimal effect on opening day traffic operations within the study area, with no significant impacts on the adjacent roadways. However, some delays are expected for vehicles entering traffic on Jefferson Street and Avenue 50 from the project driveways, which are expected to operate at LOS E during the PM peak hour. Per EB 06-13, however, this is considered acceptable traffic operations conditions for a stop control at a driveway location. Given the high traffic volumes on these arterial roadways, though, a wait time of approximately 40 seconds is not considered significant for vehicles merging onto a major roadway from a private driveway. This wait time would affect only the convenience of customers exiting the Pavilion Palms or Citrus Plaza developments, and does not affect roadway traffic flows on Jefferson Street or Avenue 50. Avg Delay LOS V/C Avg Delay LOS V/C 1 Jefferson St @ Ave 48 Traffic Signal 43.9 D 0.84 50.3 D 0.87 2 Jefferson St @ Ave 49 Traffic Signal 23.3 C 0.61 28.3 C 0.81 3 Ave 50 @ Park Ave Traffic Signal 21.1 C 0.53 23.9 C 0.56 4 Jefferson St @ Ave 50 Traffic Signal 41.0 D 0.71 52.6 D 0.74 5 Ave 50 @ Madison St Traffic Signal 14.0 B 0.71 16.8 B 0.84 6 Jefferson St @ Pomelo Traffic Signal 12.1 B 0.53 14.4 B 0.6 7 Jefferson St @ Ave 52 Roundabout 11.0 B 1.01 26.2 D 1.34 8 Jefferson St @ N project dwy Side-Street Stop 16.3 C 0.44 42.3 E 0.62 9 Ave 50 @ E project dwy Side-Street Stop 18.2 C 0.32 36.4 E 0.38 Intersection Traffic Control AM Peak Hour PM Peak Hour Table 10: Opening Day Conditions with Project Traffic 27 Page 21 Pavilion Palms Traffic Impact Analysis 28 Page 22 Pavilion Palms Traffic Impact Analysis V. POTENTIAL IMPROVEMENTS Possible Future Traffic Signal Installation Although the project is not expected to have a significant impact on traffic conditions at the study intersections, the potential future installation of a new traffic signal at the northern project driveway is expected to facilitate ingress and egress for both the proposed project and the Citrus Plaza development on the east side of Jefferson Street. This proposed new traffic signal would provide full turning-movement access for both developments, reducing southbound U-turn and eastbound left-turn movements at the adjacent traffic signal at Jefferson Street and Avenue 50. As an additional measure, the future traffic signal could also provide left-turn arrows for inbound traffic to the two adjacent developments. Opening Day Conditions + Project Traffic with New Signal Future traffic patterns accessing the two developments are expected to shift in accordance with the installation of the proposed traffic signal (Figure 10). The intersection LOS analysis for the “opening day + project + improvements” scenario is summarized in Table 11, with detailed analysis worksheets provided in Appendix D. Avg Delay LOS V/C Avg Delay LOS V/C 1 Jefferson St @ Ave 48 Traffic Signal 43.9 D 0.84 50.3 D 0.87 2 Jefferson St @ Ave 49 Traffic Signal 23.3 C 0.61 28.3 C 0.81 3 Ave 50 @ Park Ave Traffic Signal 21.1 C 0.53 23.9 C 0.56 4 Jefferson St @ Ave 50 Traffic Signal 38.8 D 0.69 44.5 D 0.74 5 Ave 50 @ Madison St Traffic Signal 14.0 B 0.71 16.8 B 0.84 6 Jefferson St @ Pomelo Traffic Signal 12.1 B 0.53 14.4 B 0.6 7 Jefferson St @ Ave 52 Roundabout 11.0 B 1.01 26.2 D 1.34 8 Jefferson St @ N project dwy Traffic Signal 10.3 B 0.68 21.1 C 0.79 9 Ave 50 @ E project dwy Side-Street Stop 16.4 C 0.32 24.2 C 0.38 Table 11: Opening Day with Project and New Signal Intersection Traffic Control AM Peak Hour PM Peak Hour 29 Page 23 Pavilion Palms Traffic Impact Analysis 30 Page 24 Pavilion Palms Traffic Impact Analysis VI. SUMMARY AND CONCLUSIONS A mixed-use development is proposed within an existing vacant lot on the northwest corner of the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. The project trip generation, trip distribution, and LOS analyses are based on the ITE Trip Generation Manual, the City’s General Plan, and Engineering Bulletin (EB) 06-13, as well as study parameters developed in conjunction with City staff. Accounting for the proposed site plan, anticipated pass-by trip rates, and internal trip capture, the project is expected to generate 664 net new trips in the AM peak hour and 999 net new trips in the PM peak hour on the surrounding roadway network. This project is not expected to impact any intersections on the Riverside County Congestion Monitoring Program (CMP) network, as the nearest CMP monitoring intersection is over a mile from the project location. The study considers five analysis scenarios at nine study intersections as outlined below: UAnalysis Scenarios: • Existing conditions (year 2019) • Existing conditions + project traffic • Opening day conditions (year 2021) • Opening day conditions + project traffic • Opening day + project + improvements UStudy Intersections: 1. Jefferson Street @ Avenue 48 2. Jefferson Street @ Avenue 49 3. Avenue 50 @ Park Avenue 4. Jefferson Street @ Avenue 50 5. Avenue 50 @ Madison Street 6. Jefferson Street @ Pomelo 7. Jefferson Street @ Avenue 50 8. Jefferson Street @ N project driveway 9. Avenue 50 @ E project driveway Traffic operations analyses for the existing conditions are based on traffic volume data collected in November 2018, normalized for the 2019 peak season per EB 06-13. The opening day conditions analysis also considers expected ambient area growth and planned/approved projects within the area (“related projects”). The analysis results for all scenarios are summarized in Tables 12 and 13 for the AM and PM peak hours, respectively. Under existing conditions as well as future conditions before project opening, all study intersections operate at LOS D or better during both the AM and PM peak hours. Per the analysis, no significant traffic impacts are expected at any signalized study intersection during the peak hours, including at the project driveways. Per EB 06-13, LOS E is considered acceptable conditions for the stop- controlled driveways. Meanwhile, there may be some delays for vehicles entering traffic on both Jefferson Street and Avenue 50 from the project driveways as well as for vehicles making left turns into the project from Jefferson Street. That is, customers exiting the project or the opposing development may expect to wait a few seconds. Therefore, the potential future installation of a traffic signal on Jefferson Street at the northerly project driveway is expected to improve driveway LOS by facilitating access for both the project and the development on the east side of Jefferson Street. This potential traffic signal would be a future City consideration under traffic conditions most likely to occur after the completion of both the proposed project and the Citrus Plaza expansion. 31 Page 25 Pavilion Palms Traffic Impact Analysis Delay*LOS Delay*LOS Significant Impact Delay*LOS Delay*LOS Significant Impact Delay*LOS Significant Impact 1 Jefferson St @ Ave 48 38.5 D 40.0 D NO 42.6 A 43.9 D NO 43.9 D NO 2 Jefferson St @ Ave 49 18.0 B 20.4 C NO 21.0 A 23.3 C NO 23.3 C NO 3 Ave 50 @ Park Ave 20.1 C 20.7 C NO 20.5 A 21.1 C NO 21.1 C NO 4 Jefferson St @ Ave 50 40.9 D 41.5 D NO 38.3 A 41.0 D NO 38.8 D NO 5 Ave 50 @ Madison St 18.5 B 18.7 B NO 19.1 A 20.1 C NO 20.1 C NO 6 Jefferson St @ Pomelo 10.4 B 11.7 B NO 11.5 A 12.1 B NO 12.1 B NO 7 Jefferson St @ Ave 52 13.8 B 15.9 C NO 10.0 A 11.0 B NO 11.0 B NO 8 Jefferson St @ N project dwy 13.8 B 14.4 B NO 15.5 A 16.3 C NO 10.3 B NO 9 Ave 50 @ E project dwy --#N/A 18.0 C NO --#N/A 18.2 C NO 16.4 C NO Delay*LOS Delay*LOS Significant Impact Delay*LOS Delay*LOS Significant Impact Delay*LOS Significant Impact 1 Jefferson St @ Ave 48 42.8 D 47.3 D NO 48.4 D 50.3 D NO 50.3 D NO 2 Jefferson St @ Ave 49 20.2 C 18.6 B NO 22.7 C 28.3 C NO 28.3 C NO 3 Ave 50 @ Park Ave 19.1 B 22.6 C NO 20.7 C 23.9 C NO 23.9 C NO 4 Jefferson St @ Ave 50 43 D 15.4 B NO 46.2 D 52.6 D NO 44.5 D NO 5 Ave 50 @ Madison St 19.9 B 21.2 C NO 20.4 C 16.8 B NO 16.8 B NO 6 Jefferson St @ Pomelo 10.3 B 11.8 B NO 12.4 B 14.4 B NO 14.4 B NO 7 Jefferson St @ Ave 52 9.9 A 11.3 B NO 19.5 C 26.2 D NO 26.2 D NO 8 Jefferson St @ N project dwy 16.2 C 28.1 D NO 19.4 C 42.3 E NO 21.1 C NO 9 Ave 50 @ E project dwy --#N/A 45.3 E NO --#N/A 36.4 E NO 24.2 C NO * average vehicle delay calculated in seconds for all approaches at traffic signals and roundabouts and for driveway approaches only at driveway locations Table 13: Intersection LOS Analysis Summary – PM Peak Hour Existing Conditions (2019) Existing Conditions + Project Traffic Opening Day Conditions (2021) Opening Day Conditions + Project Traffic Opening Day + Project Traffic with Improvements Intersection Table 12: Intersection LOS Analysis Summary – AM Peak Hour Existing Conditions (2019) Existing Conditions + Project Traffic Opening Day Conditions (2021) Opening Day Conditions + Project Traffic Opening Day + Project Traffic with Improvements Intersection 32 1 ATTACHMENT 6 2 3 CONDITIONS OF APPROVAL – ADDED AND REVISED PAVILION PALMS SHOPPING CENTER Page 1 of 4 SDP 2017-0009 Conditions of Approval 3.Pad Buildings 1, 2, 3, 6, 8, and 9 shall require, prior to construction of any structures, a Site Development Permit to be reviewed and approved by the Planning Commission at a public hearing. 24.A.2.e. 6-foot wide sidewalk—The applicant shall revise the site plan and landscape plan to include a non-curb adjacent 6-foot wide sidewalk along Avenue 50 at a minimum distance of 4 feet from the street curb. The site plan and landscape plan shall be reviewed and approved by the City Engineer and Planning Manager prior to construction. 41.When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. If construction of the commercial center proceeds in phases, the first phase of development shall include the construction and completion of the Anchor tenant building and associated fuel center, Shop 1, Retail Building 1, project landscaping and parking areas. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 75.Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Commission for their approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting) and 9.150.080 (Parking Facility Design Standards). All freestanding lighting shall not exceed 20 feet in height and shall be shielded to minimize trespass of light off the property. Any illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. ATTACHMENT 7 CONDITIONS OF APPROVAL – ADDED AND REVISED PAVILION PALMS SHOPPING CENTER Page 2 of 4 115. Applicant/Developer shall add metal louvres as a decorative element to the fuel center canopy consistent with the architecture of the convenience store building. The metal louvres shall be reviewed and approved during building plan check. 116. The size of Building 7 shall be reduced from 3,000 square feet to 825 square feet and shall not include the sale of alcoholic beverages. 117. Public Art shall be dedicated on the project site or the Applicant/Developer shall pay a development fee pursuant to the requirements of Municipal Code Chapter 2.65 Art in Public Places. 118. All vacant pads shall be planted with drought tolerant landscaping and/or decomposed granite and shall include fencing as appropriate so long as they are vacant. Any landscaping on vacant pads shall be irrigated and maintained regularly. The final landscape plan for the project shall include plans for fencing, landscaping, irrigation (as applicable), and maintenance for vacant pads. The final landscape plan must be reviewed and approved by the Planning Commission at a public hearing prior to construction. If, after two years from the opening of the Pavilions store, any pads remain vacant, the applicant shall fully convert any such vacant pads into enhanced landscaping consistent with the design and planting materials approved in the final landscape plan throughout the balance of the shopping center, to the satisfaction of the Planning Manager. The applicant shall enter into a SIA covering these improvements and post separate security for the cost to install landscaping on each vacant pad. This obligation will remain in effect on each vacant pad until those vacant pads are ultimately built out. 119. The project sign program shall be reviewed and approved by the Planning Commission at a public hearing prior to construction. 120. The height of parking lot lighting shall be modified to heights consistent with existing commercial centers in the Community Commercial Zone, not to exceed 20 feet, and shall be approved by the Planning Commission prior to construction. 121. The applicant shall install a minimum of 12 electric charging facilities in the anchor tenant’s parking lot. 122. The landscape architect shall identify standards for planting, irrigation and maintenance in the final landscape plan and the standards shall be included in Covenants, Conditions, and Restrictions (CC&Rs) which shall be recorded on the Property and shall be reviewed and approved by the City. CONDITIONS OF APPROVAL – ADDED AND REVISED PAVILION PALMS SHOPPING CENTER Page 3 of 4 123. Applicant shall record Conditions, Covenants, and Restrictions (CC&Rs) on the Property. The CC&Rs shall (1) require minimum covenants for satisfactory, perpetual maintenance obligations on the Property; (2) name the City of La Quinta as an express third party beneficiary; (3) be reviewed and approved by the City Attorney’s Office prior to recordation; and (4) state that the CC&Rs cannot be amended without prior written consent of the City. 124. Applicant shall execute and record a maintenance agreement with the Renaissance HOA and the Palmilla HOA. The agreement shall (1) be imposed as an equitable servitude on the Property (2) require satisfactory, perpetual maintenance of the Property, (3) name the City as an express third party beneficiary; (4) be reviewed and approved by the City Attorney’s Office prior to recordation; and (5) state that the maintenance agreement cannot be amended without prior written consent of the City. If the applicant shows substantial evidence that the Renaissance and Palmilla HOA’s are not negotiating in good faith, the applicant may provide the evidence to the Design and Development Department and request removal of this condition. Tentative Parcel Map 2017-0003 Conditions of Approval: 22.A.2.e. 6-foot wide sidewalk—The applicant shall revise the site plan and landscape plan to include a non-curb adjacent 6-foot wide sidewalk along Avenue 50 at a minimum distance of 4 feet from the street curb. The site plan and landscape plan shall be reviewed and approved by the City Engineer and Planning Manager prior to construction. 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Commission for their approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting) and 9.150.080 (Parking Facility Design Standards). All freestanding lighting shall not exceed 20 feet in height and shall be shielded to minimize trespass of light off the property. Any illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 81. All vacant pads shall be planted with drought tolerant landscaping and/or decomposed granite and shall include fencing as appropriate so long as they are vacant. Any landscaping on vacant pads shall be irrigated and maintained regularly. The final landscape plan for the project shall include plans for fencing, landscaping, irrigation (as applicable), and maintenance for vacant pads. The final landscape plan must be reviewed and approved by the Planning Commission at a public hearing prior to construction. If, after two years from the opening of the Pavilions store, any pads remain vacant, the applicant shall CONDITIONS OF APPROVAL – ADDED AND REVISED PAVILION PALMS SHOPPING CENTER Page 4 of 4 fully convert any such vacant pads into enhanced landscaping consistent with the design and planting materials approved in the final landscape plan throughout the balance of the shopping center, to the satisfaction of the Planning Manager. The applicant shall enter into a SIA covering these improvements and post separate security for the cost to install landscaping on each vacant pad. This obligation will remain in effect on each vacant pad until those vacant pads are ultimately built out. Background Correspondence received regarding RVs and large vehicles • Item placed on agenda for further discussion RV Definition All trailers or vehicles placed on t ra i I e rs - Boat, watercraft or other vehicle Vehicles used for temporary habitation — Motorhomes, travel trailers RV Regulations • RV Parking allowed in RVL, RL and RC • RVL and RL Zones - No parking in front yard - May park in side or rear yards - Must be screened - Parking surface may not be native soil or grass RV Regulations • RC Zone - May park in front, side or rear yards - Parking surface may not be native soil or grass - May park on lot adjacent to permanent residence on appropriate pad - RVs may not extend over sidewalk, curb or travelway Large Vehicle Regulations • Section 12.32.110 Commercial and construction vehicles may park in residential areas on private property and public rights -of -way only if screened from public view and adjacent properties -4 kit, - kit, ow � y�! ��- 0 zo qwCALIFORNIA Planning Commission Meeting December 10,F 2019 PHI - Tentative Tract Map 2019-0002 Montage Residences t ! � t'ACV .ram 1 7 Background • The SilverRock Specific Plan approved in 2006 — Amended in 2015 to include residential villas associated with the Montage Hotel Site Development Permit (SDP) 2016-0005 approved in 2016, included villas' layout TTM 2019-0002 conforms to the preliminary layout included in SDP 2016-0005 Located northwest of the Montage Hotel property 12/12/2019 Villa Designs (SDP 2015-0005) Proposal • Tentative Tract Map to subdivide 13.9 acres into 29 single family lots. • Minimum lot size: 12,127 SF • Average lot size: 16,840 SF • Private street. • Open space and guest parking areas. 12/12/2019 12/12/2019 Planning commission Meeting December 10. 2019 PH2 - Pavilion Palms Shopping Center tt FI4 • tit, R � �w� � Y _ ,� � � � L , �r4. Vicinity Map Proposal Requested Entitlements —Specific Plan Amendment 2017-0002 —Tentative Parcel Map 2017-0003 —Site Development Permit 2017-0009 —Environmental Assessment 2017-0006 Specific Plan Amendment • 18 ft. minimum landscape setback • Fuel center to be permitted use instead of requiring CUP only when coupled with anchor tenant • Allow retail stores over 50,000 sq. ft. without MUP Site Plan M" l ; Site Plan Revisions • Four gathering spaces added - Tables and chairs, covered patio areas, games areas and other interactive displays, public art • Pergolas on the south side of the site added • Shade structure over the central parking rows added - Main parking area in front of Pavilions Provides covered pedestrian link from Pavilions to perimeter pads 12/12/2019 0J OP1 •� f l GPJ r '- - l CATI IERING PLACE 1 GATNERltl* PLACE 3 CrATl IERING PLACE 3 KCY FLAN QATHERING PLACE A PUBLIC ART WORK 1 PUBLIC ART WORK 3 SIDE UVATRON FRONT ELEVATION PERC-?LA DE51 GN CONCEPT ,4 �' � i. i•• "" ,ate �`>yd$, r= �.a,.n " �� � � �r� { •r�w� -� aw ,a, ;. (� '. f;:t rr,• is 4 Site Plan Revisions • Direct sidewalk connections from Jefferson St and Ave 50 added • Condition added to fully landscape vacant pads — If still vacant after two years of the Pavilions opening • Revised the height of the light poles to be no taller than 20 feet 12/12/2019 4D AM C-sm Cm LANVWE - ------------- ------------- ------ ------------------ ---------- ---------- IF R 1.1 Landscape Plan Revisions • Includes additional tree wells in the parking area • Shade trees such as acacia, palo verde and African sumac added • Date palms placed at corners of entrances to create a better sense of arrival Landscape Plan Environmental Assessment • Initial Study was prepared in 1998 for original approval — New proposal substantially similar to original • Initial Study for proposal analyzed the s.f. difference of new project • Mitigation measures are proposed to reduce impacts to less than significant Recommendation • Adopt a Resolution recommending the City Council adopt Environmental Assessment 2017- 0006 • Adopt a Resolution recommending the City Council approve Specific Plan 2017-0002, Amendment No. 2 SP 1998-034, Tentative Parcel Map 2017-0009 JPM 37370), and Site Development Permit 2017-0009, subject to the findings and conditions of approval 12/12/2019 •- NaIiTFl ELEVATION F9. Fr f 11CY PLAN m 12/12/2019 EAST ELEVATION MAL WEST ELEVATION NORTH ELEVATION S�LITH ELEVATION 10 12/12/2019 ■ L KtY PLAN i e WEST ELEVAPON i �- { n S" EASTEIEVATION . st'E 7- NORTH ELEVATION 11 12/12/2019 I 7l, ff-19, NCO I MATION Li KEY PLAN i WEST ELEVATION EAST ELEVATION SOUTH ELEVATION vi uriTai KEY PLAN CAST ELEVATION NORTH CIEVAT" WEST ELFIVATKIr4 12 12j12/2019 • fm re Mird 411, r_• r_t � � L NORTH ELEVATION u r EAST ELEVATION WEST[LCVATION • :I' �� .�... .....may ... �r el 70 I C?9a+vYirASW tdTlOe I.! ar.l w.Rwr• [af rx..�•..r SOUTH ELEVATION 13 12/12/2019 —;� - . , kw' C� �R=•_. rw } nxroe� __tR.•. _'=aay �, 'r . , l' �-•--.�.+.csa-^''i��yy� iea�+s,t�-� �c v�$ ate; ;`.: � • y�_r."-��': °�.� - - _.. _. ii�fl 1PP-..�y. i•� T3_� a� .,� ALL �., � � _�_ 14 12/12/2019 1s 12/12/2019 16 12/12/2019 17 Existing Conditions Existing Conditions Existing Conditions Citrus Plaza inn v tr-Ow-wa-ra- Existing Conditions Existing Conditions Other CC Shoanina Centers