CC Resolution 1998-135d_Wt& RESOLUTION 98-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CERTIFYING THE
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
PREPARED FOR SPECIFIC PLAN 97-029 AMENDMENT #1,
SITE DEVELOPMENT PERMIT 97-603 AMENDMENT #1,
AND DEVELOPMENT AGREEMENT 97-002 AMENDMENT
#1, AS BEING ADEQUATE AND COMPLETE; RECOGNIZING
THE OVERRIDING CONSIDERATIONS TO CERTAIN
UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS;
AND RECOGNIZING THE SIGNIFICANT ADVERSE
ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED
BUT WHICH CAN BE REASONABLY MITIGATED IF THE
PROPOSED PROJECT IS IMPLEMENTED.
THE CENTRE AT LA QUINTA SPECIFIC PLAN 97-029- AMENDMENT #1,
SITE DEVELOPMENT PERMIT 97-603- AMENDMENT #1, DEVELOPMENT
AGREEMENT 97-002- AMENDMENT #1, AND SUPPLEMENT TO
ENVIRONMENTAL ASSESSMENT 97-337
WHEREAS, the City Council of the City of La Quinta, California, did, on the 1 7th
day of November 1 998, hold a duly noticed Public Hearing to consider the request of
Stamko Development Co. for certification of the Environmental Impact Report
hereinafter Original EIR") for approval of a Specific Plan, Development Agreement,
Conditional Use Permit, Site Development Permit hereinafter the Prior Entitlement
Approvals") to allow construction of an 87 acre multi-phased mixed commercial
property consisting of an auto sale/service mall and a retail complex and subdivision
of the site into ten parcels to allow auto service/sales hereinafter the Original
Project"); and,
WHEREAS, the Planning Commission of the City of La Quinta, California, did,
on the 1 3th day of October, and the 1 0th day of November 1 998, hold duly noticed
Public Hearings to consider the request of Stamko Development Co. for certification
of the Environmental Impact Report hereinafter Original EIR") for approval of a
Specific Plan, Development Agreement, Conditional Use Permit, Site Development
Permit hereinafter the Prior Entitlement Approvals") to allow construction of an 87
acre multi-phased mixed commercial property consisting of an auto sale/service mall
and a retail complex and subdivision of the site into ten parcels to allow auto
service/sales hereinafter the Original Project"). The original project site is more
particularly described as:
SOUTH SIDE OF STATE HIGHWAY 111 BETWEEN ADAMS
STREET AND DUNE PALMS ROAD A PORTION OF THE
SOUTHWEST AND NORTHWEST 14 OF SECTION
29,T55,R7E).
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WHEREAS, on the 1 5th day of July, 1 997, the City Council of the City of La
Quinta, California, approved and adopted Resolution 97-62, certifying the adequacy
and completeness of the Original EIR, and adopting findings and a Statement of
Overriding Considerations, in connection with its approval of the Original Project; and
WHEREAS, Stamko Development Co. is now requesting amendments to the
approved Specific Plan 97-029, Site Development Permit 97-603, and Development
Agreement 97-002 the New Entitlement Approvals"), to reflect modification to the
internal layout of the project and the refinement of the development concept the
Amended Project"). The Amended ProjeCt constitutes a change in the Original Project
previously analyzed in the Original EIR, rather than a separate project under the
California Environmental Quality Act CEQA"); and
WHEREAS, a Supplemental Environmental Impact Report the Supplemental
EIR") has been prepared and circulated pursuant to the requirements of CEQA Public
Resources Code, 2100 et seq.), to update the Original EIR to analyze the potential
environmental impacts of the Amended Project; and
WHEREAS, it is the policy of the State of California and the City of La Quinta,
in accordance with the provisions of CEQA, that the City shall not approve a project
unless there is no feasible way to lessen or avoid significant adverse environmental
impacts, which means that all adverse environmental impacts have been avoided to
the extent feasible or substantially lessened, and any remaining unavoidable significant
adverse environmental impacts are acceptable based upon the City's findings and
determinations of overriding considerations; and
WHEREAS, it is the policy of the State of California, and the City of La Quinta,
in accordance with the provisions of CEQA, that the City shall balance the benefits of
a proposed project against its unavoidable adverse environmental impacts prior to
project approval; which means that if the benefits of a proposed project outweigh the
unavoidable adverse environmental impacts, the adverse environmental impacts may
be considered legally acceptable by the City of La Quinta; and
WHEREAS, the City Council of the City of La Quinta has considered all
documentation comprising the Original EIR and the Supplemental EIR, and has found
that the EIR as updated and augmented by the Supplemental EIR considers all potential
significant adverse environmental impacts which may be caused by the proposed
Amended Project, and has found that the Supplemental EIR is complete and adequate,
fully complies with all requirements of CEQA, and reflects the City Council's
independent judgment; and
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WHEREAS, the City Council has reviewed and considered certain overriding
considerations to any potentially significant adverse environmental impacts which
cannot be reasonably mitigated to insignificance, and has reviewed and considered the
CEQA Findings and Statement of Facts prepared in connection with its consideration
of the Amended Project; and
WHEREAS, prior to recommending any action on the Amended Project,
the Planning Commission has considered all potentially significant adverse
environmental impacts, mitigation measures and proposed project alternatives
identified in the Original EIR and the Supplemental EIR, and has found that all
potentially significant adverse environmental impacts which may be caused by the
Amended Project have been lessened or avoided to the extent feasible; and the City
Council has determined that the proposed alternatives to the Amended Project do not:
1) meet the City's and/or Stamko's objectives for the project site; and/or 2) are not
feasible; and/or 3) are not environmentally superior; and
WHEREAS, CEQA Guidelines, Section 1 5093(b) recognizes that the La
Quinta City Council may proceed to approve the Amended Project, despite the fact
that certain potentially significant adverse environmental impacts are identified in the
Original EIR, as updated by the Supplemental EIR, which are not mitigated to a level
of insignificance, where the City has stated in writing the reasons to support its action
based upon the EIR, Supplemental EIR and other information in the public record; and
WHEREAS, CEQA provides that no public agency shall approve or carry
out a project for which an EIR has been completed and which identifies one or more
significant adverse environmental impacts of the proposed project unless the public
agency makes written factual findings for each of the potentially significant adverse
environmental impacts identified in the EIR.
WHEREAS, the Amended Project constitutes a proposed change in the
Original Project which requires minor additions or changes to the Original EIR to make
it adequately apply to the Amended Project, thus warranting preparation of a
Supplemental EIR.
WHEREAS, the Amended Project does not constitute a substantial change
to the Original Project that would require major revisions to the Original EIR.
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WHEREAS, no substantial changes have occurred with respect to the
circumstances under which the Amended Project will be undertaken which will require
major modifications or revisions to the Original EIR, due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects.
WHEREAS, no new information of substantial importance which was not
known and could not have been known with the exercise of reasonable diligence at the
time the Original EIR was certified as complete, has become available which shows
any of the following:
1. The Amended Project will have one or more significant effects not discussed in
the Original EIR;
2. Significant effects previously examined will be substantially more severe than
shown in the Original EIR,
3. Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible, and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the mitigation
measure or alternative; or
4. Mitigation measures or alternatives which are considerably different from those
analyzed in the Original EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the
mitigation measure or alternative.
WHEREAS, the City Council has determined that a Supplemental EIR is
appropriate under Public Resources Code 21 166 and CEQA Guidelines 1 5163, and
will update the Original EIR to make it apply to the Amended Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
La Quinta, California, does hereby recommend certification of the Supplemental
Environmental Impact Report for the Amended Project, as adequate and complete in
compliance with the requirements of CEQA, and as sufficient to update the Original
EIR to make it apply to the Amended Project.
BE IT FURTHER RESOLVED that the City Council of the City of La Quinta,
California, that:
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1. The City Council makes a finding that in addition to the findings made in the
body of the EIR and Supplemental EIR, that the Statement of Overriding
Considerations" as shown on the attached Exhibit A," and incorporated herein
by this reference as though fully set forth, is necessary; and
2. The City Council adopts the Statement of Overriding Considerations.
BE IT FURTHER RESOLVED that the City Council for the City of La
Quinta, California, adopts the CEQA Findings and Statement of Facts as shown on
attached Exhibit B," and incorporated herein by this reference as though fully set
forth.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1 7th day of November, 1 998:
AYES: Council Members Adolph, Henderson, Perkins, Sniff
NOES: None
ABSENT: Mayor Pena
ABSTAIN: None
JOHN PEN A, ayor
City of La Quinta, California
ATTEST:
AUNDRA L. JUH6(A, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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EXHIBIT A
STATEMENT OF OVERRIDING CONSIDERATIONS
The Original Environmental Impact Report for the Centre at La Quinta's Specific
Plan 97-029; Tentative Parcel Map 28525; Conditional Use Permit 97-034; Site
Development Permit 97-603; and Development Agreement 97-002, as modified and
updated by the Supplemental Environmental Impact Report for the Centre at La Quinta
Specific Plan 97-029- Amendment #1; Site Development Permit 97-603- Amendment
#1; and Development Agreement 97-002- Amendment #1, which collectively allow
for construction of an 87 acre multi-phased mixed commercial project consisting of an
auto salelservice mall and a retail complex hereinafter the Amended Project"),
recognize that certain specified adverse environmental impacts may be caused by the
approval and construction of the Amended Project, which may not be mitigated to a
level of insignificance by the application of reasonable mitigation measures. Despite
the recognition and finding in the Original Environmental Impact Report and the
Supplemental Environmental Impact Report that such unavoidable adverse
environmental impacts may be caused by the Amended Project, nevertheless, the City
Council of the City of La Quinta expressly finds and declares, after a thorough review
and consideration of such potentially adverse environmental impacts, that the benefits
of the Amended Project outweigh the unavoidable adverse environmental impacts, and
are, therefore, deemed to be acceptable by the City Council. The City Council of the
City of La Quinta bases its determination on the following grounds:
1. Implementation of the Amended Project is consistent with the City's goals and
objectives for development of the Project Site, as set forth in the City's General
Plan Land Use Element; and
2. Implementation of the Amended Project will enhance the City's economic base
from revenues derived from increased sales taxes, business licenses and other
fees, taxes and exactions, which will flow from the development of the
Amended Project; and
3. Implementation of the Amended Project will result in the elimination of certain
negative aesthetic impacts associated with the currently vacant property,
including but not limited to the development of landscaped set-backs along that
part of Highway 111 that abuts the Project Site; and
4. The potential adverse environmental impacts identified with the construction
and operation of the Amended Project are generally associated with normal
growth, progress and prosperity in a developing community; and
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5. The Amended Project will be instrumental in causing new area-wide public
infrastructure improvements to be constructed, which will benefit both existing
development and other future development, including but not limited to street
improvements and public utility improvements; and
6. Construction and operation of the Amended Project will ultimately result in the
creation of new jobs for construction and for the operation of new businesses
associated with the Project; and
7. The Amended Project is significantly more restrictive in its development density,
intensity and potential adverse environmental impacts, than the density,
intensity and level of adverse environmental impacts of development which is
currently permitted under the applicable General Plan and Zoning Code
provisions. Consequently, the City Council finds that the Amended Project is
a preferred and appropriate balance between environmental concerns and the
need for economic development within the City of La Quinta.
8. These findings and determinations are based upon the Original Environmental
Impact Report, the Supplemental Environmental Impact Report, and the files and
records maintained by the City of La Quinta Community Development
Department with respect to the Centre at La Quinta project Specific Plan 97-
029), including without limitation, the administrative record prepared in
connection with the Original Environmental Impact Report.
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CEQA FINDINGS AND STATEMENT OF FACTS
BACKGROUND AND PROCEDURE
The California Environmental Quality Act CEQA) and Section 15091 of the Guidelines
for Implementation of the California Environmental Quality Act CEQA Guidelines)
provide that: No public agency shall approve or carry out a project for which an
environmental impact report EIR) has been certified which identifies one or more
significant environmental effects of the project unless the public agency makes one or
more written findings for each of those significant effects, accompanied by a brief
explanation of the rationale for each finding. The possible findings are:
1 Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency.
3. Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the final
EIR.
On July 1 5, 1 997, the City Council of the City of La Quinta unanimously adopted
Specific Plan 97-029 to permit and control development of an auto/sales services mall
and a future mixed-use retail commercial center on the project site the Original
Project"). The potential environmental impacts associated with the development of
the Original Project were assessed in an EIR State Clearinghouse no.97011 055)
which was also unanimously certified by the City Council the Original SEIR). The
specific actions approved by the City Council on July 1 5, 1 997 are as follows:
* Resolution 97-62: Certification of Environmental Impact Report
* Resolution 97-63: Approval of Tentative Parcel Map 28525
* Resolution 97-64: Adoption of Specific Plan 97-029
* Resolution 97-65: Approval of Site Development Permit 97-603
* Resolution 97-66: Approval of Conditional Use Permit
Ordinance No.306: Approval of Development Agreement
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The Original EIR assessed the project's potential impacts to the following
environmental areas:
* Secondary Land Use Effects
* Geotechnical Considerations
* Hydrology and Water Quality
* Biological Resources
* Transportation and Circulation
* Air Quality
* Noise
* Water Distribution and Storage
* Solid Waste Disposal
* Public Services Fire Protection, Sheriff Protection, Emergency Medical
Response)
* Aesthetics
* Cultural Resources
The Original EIR also assessed the project's potential growth inducing impacts and
evaluated five alternatives to the Original Project.
As required by CEQA, findings were made for each of the significant environmental
impacts of the Original Project. Measures were adopted as conditions of approval for
the Specific Plan to mitigate certain of the significant impacts of the Original Project.
A Statement of Overriding Considerations was adopted by the City Council to address
certain unavoidable adverse impacts of the Original Project including air quality impacts
and cumulative solid waste disposal impacts.
Approval and implementation of Specific Plan 97-029 Amendment #1, Site
Development Permit 97-603 Amendment #1, and the Development Agreement 97-
002 Amendment #1 constitute a proposed change to the Original Project under
CEQA and the CEOA Guidelines the Amended Project"). Section 15163 of the
CEQA Guideilnes allows public agencies to prepare a supplement to an EIR if changes
to a project require the preparation of a Subsequent EIR pursuant to CEQA Gwdelines
section 1 5162, and only minor additions or changes would be necessary to make the
previous EIR adequately apply to the project in the changed situation. When preparing
a supplement to an EIR, the following factors apply:
1. A supplement to an EIR need contain only the information necessary to make
the previous EIR adequate for the project as revised;
2. A supplement to an EIR shall be given the same kind of notice and public review
as is given to a draft EIR under Section 1 5087 of the CEQA Guidelines;
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3. A supplement to an EIR may be recirculated by itself without recirculating the
previous draft or final EIR; and
4. When the lead agency decides whether to approve the project, the decision-
making body shall consider the previous EIR as revised by the supplemental EIR.
A finding under Section 1 5091 of the CEQA Guidelines shall be made for each
significant effect shown in the previous EIR as revised.
Preparation of an Supplemental EIR is specifically encouraged as a way of promoting
efficiency in the environmental review process.
Using these guidelines, the City has required that a Supplemental EIR SEIR) be
Prepared for the Amended Project. This SEIR has identified certain significant effects
which may occur as a result of the Amended Project, or on a cumulative basis in
conjunction with the Amended Project and other past, present, and reasonably
foreseeable future projects. Further, the Planning Commissions recommends approval
of the Amended Project and, after determining that the SEIR is complete and has been
prepared in accordance with CEQA and the CEQA Guidelines, recommends that the
City Council adopt the findings set forth herein as follows:
IMPACTS EVALUATED IN THE SUPPLEMENTAL EIR
In accordance with Sections 1 5060(c) and 15081 of the CEQA Guidelines, the City
completed a preliminary review of the Amended Project and the decision was made
that further evaluation of the Amended Project's potential environmental impacts was
needed in the form of an SEIR. The topics evaluated in the SEIR include all of the
topics evaluated in the previously certified EIR as listed below:
* Secondary Land Use Effects
* Geotechnical Considerations
* Hydrology and Water Quality
* Biological Resources
* Transportation and Circulation
* Air Quality
* Noise
* Water Distribution and Storage
* Solid Waste Disposal
* Public Services Fire Protection, Sheriff Protection, Emergency Medical
Response)
* Aesthetics
* Cultural Resources
The analysis in the SEIR resulted in the following findings concerning the
project's impacts.
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I. DIRECT PROJECT IMPACTS
A. Impacts Determined to be Less Than Significant
1. Secondary Land Use Effects: Up to three existing auto dealers in
the City of Indlo may relocate to the project site. No significant secondary land use
impacts are anticipated because retail demand analysis indicates that there is sufficient
retail demand to support the redevelopment of the auto dealership sites in lndio for
other retail commercial uses. The retail demand analysis shows that land use impacts
on lndio would not be significant for any of the four development scenarios, including
Development Scenario 4, which consists of developing the entire site with retail
commercial uses.
2. Geotechnical Considerations: No ground rupture is anticipated
during an earthquake; soils have low liquefaction potential; no expansive soils occur
on-site; ground lurching is not expected.
3. Hydrology and Water Quality: No flooding impacts on- or off-site
are anticipated because the proposed runoff management plan would contain storm
flows up to and including flows from a 1 OO-year storm) within the project site.
4. Biological Resources: The constructed project would attract urban-
adapted wildlife that would compete with native species in nearby open areas. This
is an adverse, but not significant, impact. No flat-tailed horned lizards or their sign
have been observed on the site and the habitat on-site is only considered marginally
suitable to support this species. The loss of on-site habitat for the loggerhead shrike
and Coachella Valley round-tailed ground squirrel will not substantially reduce the
number or restrict the range of these animals.
5. Transportation and Circulation: Project traffic in the Year 2000
would not degrade levels of service below City standards at 1 3 of 1 5 study area
intersections. Year 2005 project traffic volumes would not degrade levels of service
below City standards at 11 of 1 5 study area intersections.
6. Air Quality: The project would be consistent with the Air Quality
Management Plan AQMP) forecasts for this area, consistent with the air quality-
related regional plans, and should not jeopardize attainment of state and federal
ambient air quality standards in the Coachella Valley. Intersection carbon Monoxide
concentrations would be lower than State and Federal standards. No significant
impacts from odors are anticipated. Toxic air pollutants are not expected to occur in
any meaningful amounts in conjunction with operation of the project.
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7. Noise: Construction activities would temporarily increase local noise
levels, but, given the distance to nearby sensitive receptors and mandatory compliance
with the City?s standard restrictions regarding days and hours when construction
activity is permitted, no significant construction noise levels are anticipated.
Nevertheless, contractors will also be required to implement noise reduction measures
to reduce the amount of noise that could affect the Lake La Quinta neighborhood, as
follows:
a. Between May 1 and September 30, all construction activity
on the project site shall only occur between the hours of 6:00 A.M. and 7:00 P.M.
Monday through Friday, and from 8:00 A.M. to 5:00 P.M. on Saturday, and shall be
prohibited on Sundays and public holidays. Between October 1 and April 30, all
construction activity on the project site shall only occur between the hours of 7:00
A.M. and 5:30 P.M. Monday through Friday, and from 8:00 A.M. to 5:00 P.M. on
Saturday, and shall be prohibited on Sundays and public holidays.
b. Implement appropriate additional noise reduction measures
to reduce the amount of noise that could affect the Lake La Quinta neighborhood, such
as changing the location of stationary construction equipment, shutting off idling
equipment, equipping heavy equipment with noise muffling devices, notifying nearby
residents in advance of construction work, and installing temporary acoustic barriers
around stationary construction noise sources such as portable generators.
On-site activities at auto dealerships and most commercial uses will
increase local noise levels, but such levels would not exceed the City?s noise limits.
The project includes features to reduce noise heard at the Lake La Quinta neighborhood
such as enclosed auto repair facilities with side entrances oriented away from the
neighborhood, 1 00-foot minimum setbacks from the Adams Street property line, and
the prohibition of the general use of public address systems at the auto dealerships.
Traffic noise would increase as a result of the project?s added traffic on the roadway
system, but the increase would not result in noise levels that exceed City noise limits.
8 Water Distribution and Storage: Project water demand would not
exceed available water supplies. No significant extension of distribution facilities or
creation of new water storage facilities would be needed to serve the project. No
wasteful water practices have been identified for the proposed project. However, to
ensure that future development at the project site does not include activities which
consume excessive amounts of water or which involve wasteful water consumption
practices, the following changes have been required in, or incorporated into, the
project:
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a. To ensure that future land uses do not include activities
which unnecessarily waste water or which consume exceptional amounts of water,
the City will direct contractors to consult with the Coachella Valley Water District
CVWD) to develop appropriate water Conservation measures for both
landscaping/irrigation requirements and plumbing controls. Consistent with CVWD's
existing and future water conservation plans, policies and standards, the City will
require that the developer(s) implement the water conservation measures that are
devised from the consultations with CVWD, and will require compliance with the City's
water conservation programs and ordinance, to the extent applicable.
9. Solid Waste Disposal: The development flexibility provided by the
Amended Project has the potential to reduce the amount of solid waste generated at
the site and its associated impacts. Development Scenarios 2, 3, and 4 would reduce
the amount of industrial chemicals and hazardous materials requiring disposal, with
Development Scenario 4 all but eliminating these types of materials from being used
at and disposed of from the site. These are considered beneficial impacts of the
changes to the Original Project. The types of plants used in the site's landscaping
features would continue to produce less waste than traditional ornamental landscaping.
1 0. Public Services: Project construction and operation would increase
demand for fire protection, sheriff protection and emergency medical services, to a
minor, but less than significant level, and would not require expansions to these
services in order to address project impacts. The following changes or alterations have
been required in, or incorporated into, the project to minimize potential impacts:
a. All on-site water distribution facilities shall be constructed
in accordance with Coachella Valley Water District and Riverside County Fire
Department standards.
b. Fire hydrants shall be provided at the site to the satisfaction
of the Riverside County Fire Department.
C. Adequate access and turning radii for fire trucks and other
fire fighting apparatus shall be incorporated into project design plans to the satisfaction
of the Riverside County Fire Department.
d. All on-site structures shall be built to conform with criteria
contained within the Uniform Fire Code and in accordance with Riverside County Fire
Department and City of La Quinta standards.
e. During the construction and operations phases, activities
involving the use and storage of highly flammable substances i.e., fuels and solvents)
shall be conducted in accordance with Riverside County Fire Department standards.
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f. Areas such as streets, security walls and parking area shall
be well lit to dissuade would-be criminals from targeting these area for illegal activities.
g. All doors shall have an industrial quality key and latch
system. All exterior doors shall have deadbolt locks.
h. All delivery doors shall be equipped with a peephole for
delivery identification purposes.
To avoid creating convenient hiding places for would-be
criminals, shrubbery found in the site interior shall be trimmed to a height of three feet
or less. In addition, product displays and vegetation shall be kept clear of exterior
windows to avoid blocking the visibility into store interiors by passing patrol cars.
j. Design parking and unloading areas to avoid creating traffic
problems.
k. To reduce the response times of emergency vehicles,
addresses shall be at least eight inches tall and contrast with the background.
Install closed circuit, remote video surveillance Systems to
monitor the security of auto dealership sites.
m. Any future proposal to develop a personal goods or vehicle
storage business shall include a closed circuit, remote video surveillance system to
monitor site security.
n. Any future proposal to develop a business that would be
open for 24 hours shall include the following security measures:
1). Installation of a closed circuit video monitoring
system. Security cameras shall be located above cash register areas, entrances and
exits and walk-in coolers. Signs shall be posted to advise patrons that the premises
are being monitored by 24-hour surveillance cameras.
2). Staff the operation with more than one employee
during nighttime hours.
3). Employees shall conduct frequent money drops into
the building's safe.
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11. Aesthetics. The proposed development intensity and the proposed
setbacks along Highway 111 and Adams Street are consistent with City policies and
development standards. Limited building heights and increased building spacing in the
northeastern quadrant of the project site would preserve views of the most prominent
upper elevation features of the Santa Rosa Mountains. The following change or
alteration has been incorporated into the project to minimize potential impacts:
a. Building heights in the northeastern quadrant of the project
site, i.e., the northern half of the mixed-use, regional commercial center, shall be
limited to 25 feet. Spacing between buildings shall be a minimum of 65 feet.
Buildings located closest to Highway 111 shall have staggered" setbacks. Each
staggered building shall be set back a minimum of 50 feet from the adjacent building.
The display area lighting along Highway 111 and Adams Street
represents a substantial increase in lighting along the site's frontages with these
roadways. The impact is not considered significant for the following reasons. All of
the increased lighting would be directed downward, with the exception of the display
pad bollards. All lighting is required to be directed onto the site only, and to comply
with the City's Dark Sky" ordinance and the Highway Ill Design Guidelines. The
lighting features would be separated from traffic on Highway 111 and Adams Street
by 50- and 20-foot bermed and landscaped setback areas. The lighting would also be
similar to the lighting on the mixed retail portions of the site and similar commercial
centers in the immediate vicinity of the site. The City will also require future lighting
plans to be submitted in conjunction with building plans for each pad development that
demonstrate that the lighting features do not illuminate off-site areas and that the
plans comply with the City's Dark Sky" ordinance.
1 2. Cultural Resources: No significant cultural resources have been
found on-site and the potential to damage undiscovered resources during grading and
site development is considered low. Nevertheless, as an added precaution, the project
will be required to implement the following mitigation measure:
a. A qualified, professional archaeologist will conduct intensive
archaeological monitoring of the entire first grading phase. Based on the results of this
monitoring program, recommendations for the extent of subsequent grading/site
preparation phases can be reassessed. It is recommended that some level of
monitoring be conducted throughout the project area, as cultural resources in this area
of the desert often include delicate and relatively small finds e.g., small campsites,
cremations, or other ceremonial sites). It is recommended that the archaeological
monitor have the authority to halt any activities causing adverse impacts to potentially
significant buried resources. Once identified, the archaeological consultant will
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evaluate the find(s) in accordance with criteria presented in Appendix K of the CEOA
Gwdellnes. It is also recommended that the archaeological monitoring program involve
Native American input, either as observers or consultants. The presence of a Native
American monitor would be at the discretion of the local Native American
representative(s) and coordinated with the monitoring schedule.
B. Impacts That Could be Significant, But are Mitigable to Less Than
Significant Levels.
1. Geotechnical Considerations: The project site is located within a
seismically active area and could be subject to substantial groundshaking during an
earthquake along the San Andreas Fault or other regional faults. Substantial
groundshaking could damage structures and thereby expose persons to dangers
associated with collapsing structures, falling materials, etc. Changes or alterations
have been required in, or incorporated into, the project which mitigate or avoid this
potentially significant effect, as follows:
a. Structural design will take into account the anticipated
ground shaking characteristics in the design of the proposed buildings for earthquake
loading. Project plans and specifications shall satisfy the seismic design parameters
set forth in the latest addition of the Uniform Building Code, as administered by the
City of La Quinta. These criteria are considered minimum guidelines for project
structural design.
A trace of an inferred fault, considered inactive, occurs near the
western edge of the project site, and may contain soils or geological characteristics
which could represent unstable conditions that require special design or construction
techniques. Changes or alterations have been required in, or incorporated into, the
project which mitigate or avoid this potentially significant effect, as follows:
b. The inferred fault trace in the western edge of the project
site is not considered active and is not recognized as a major geologic hazard.
Pursuant to La Ouinta General Plan Policy 8-1.1.1, however, once the location, size
and loading conditions for the proposed buildings have been determined, further
investigation of this part of the site shall be conducted prior to any grading in that
area, to more closely analyze this feature to determine whether it contains any
significant geological constraints that would require special design or construction
measures If such constraints are found, incorporate appropriate design and
construction control measures into grading, foundation and/or structural plans, as
recommended by the geotechnical engineer.
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On-site soils have significant settlement potential, which, if not
properly engineered, could result in cracked building foundations and other pavement
areas. Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid this potentially significant effect, as follows:
c. Once the location, size and loading conditions for the
proposed buildings have been determined, conduct design level soil engineering studies
on a lot by lot basis, if necessary. Those studies will include drilled test borings,
laboratory testing program and a design level report. The report will provide criteria
for design of foundations, slab-on-grade construction, site grading specifications and
utility trench backfill recommendations.
d. The project soil engineer will review the grading plans and
project improvement plans for the projects prior to construction. The review is
intended to determine compliance with the intent of the recommendations contained
in the soils engineering report.
e. Site grading and construction will be observed by the project
soil engineer and tested, as necessary, to determine general compliance with the
recommendations contained in the soils engineering report. In addition, the soil
engineer will observe conditions exposed by the grading and record significant features
and/or changes that may be exposed. Various aspects of grading will be covered in
a pre-construction conference with representatives of the owner, grading contractor,
civil engineer and geotechnical engineer.
f. Prior to any grading operations, areas which are to receive
select structural fill, foundations, pavement sections, or concrete slabs-on-grade must
be cleared of pavements, abandoned utilities and old foundations. The depth of the
materials to be removed will be observed by a qualified soils engineer when clearing
and stripping operations are in progress.
g. The bottom of depressions created by the removal of
existing structures or pavement should be scarified and cross scarified at least 8-
inches and recompacted to at least 90 percent of maximum dry density. The
depressions should then be backfilled with approved, compacted select structural fill,
as specified by the project soils engineer. Clearing and backfill operations will be
conducted under the field observation of the soil engineer.
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h. Select structural fill material may be placed in thin lifts,
moisture conditioned to near optimum moisture content, and compacted to 90 percent
of maximum dry density until finished grade has been obtained. Compaction criteria
will be based on the laboratory test procedure ASTM D 1557-91.
The soil engineer will be notified at least 48 hours prior to
commencement of any grading operations, so he may coordinate the work in the field
with the contractors.
j. The support of a proposed structure may be provided by
conventional, strip and spread footings bearing firm reworked native soil or select
structural fill, but not on a combination of both. The design criteria for foundations,
including detailed reinforcing requirements, will be determined by a site specific soil
engineering study, and the design engineer performing the structural analysis of the
proposed building and supporting foundations.
k. Perimeter and interior footings should be founded a minimum
1 2 to 1 8 inches into the lowest adjacent, compacted soil pads. Interior footing under
concrete slab-on-grade should be founded a minimum of 1 2 to 1 5 inches into the
compacted soil building pad. Select structural fill should be compacted to at least 90
percent of maximum dry density. For the above conditions, the foundations for a
proposed structure may be designed for an allowable bearing pressure range of 2000
to 3000 pounds per square foot for dead plus reasonable live loads. These values may
be increased by 1/3 to include short term seismic and wind effects.
The soils engineer will observe foundation excavations prior
to placing form boards or placement of reinforcing steel. The purpose of this is to
verify the soil density within the bearing soils.
m. Concrete slabs-on-grade associated with high point loads,
such as those associated with fork lifts, and those that will be subjected to heavy
construction loads, such as those created by a crane lifting concrete panel, should be
sufficiently thick and reinforced to accommodate these loads.
n. For concrete slab-on-grade floor construction in warehouse
or maintenance areas where no floor covering will be used and not subjected to high
point loads), a minimum 4 inch layer of 3I4?' baserock should be placed and compacted
to a minimum of 95 percent of maximum dry density. If a moisture vapor barrier is
used, the barrier should be overlaid by 2 inches of commercial quality sand. The sand
should be lightly moistened prior to placing concrete.
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0. Exterior concrete slabs-on-grade, such as driveways, shall
be founded on at least 6" of approved import baserock, or as specified by the City of
La Quinta, which ever is more stringent. The use of reinforcing steel in exterior
concrete flatwork is recommended and all construction joints should be held together
by steel dowels. It is recommended that exterior concrete flatwork soil areas be
premoistened before concrete is placed.
p. Interior concrete slabs-on-grade shall contain reinforcement
with the slabs structurally connected to adjacent perimeter foundations. Reinforcing
of interior slabs-on-grade will be provided by the structural engineer, based on the
proposed usage.
q. Concrete slabs shall be divided into essentially equi-
dimensional segments during construction to help control cracking during the curing
period. Reinforcing of the concrete slab-on-grade is recommended and the slab should
be structurally connected to the perimeter foundations at all door openings.
Construction joints should be adequately doweled. If interior slabs are designed as free
floating, adequate expansion joint of felt should be placed between the concrete slab
and foundation.
r. Exterior slabs-on-grade, which will experience vehicular
traffic, including fork lift traffic, such as driveway aprons and trash bin aprons, should
have at least 8 inches of compacted Class 11 aggregate base rock R= 78 mn.) under
the concrete slab; actual thickness is dependent upon the slab thickness and actual
traffic loads and volume. The baserock should be compacted to at least 95 percent
of maximum dry density.
5. Backfill of utilities within road right-of-way will be placed in
strict conformance with the requirements of the governing agency City of La Quinta,
CVWD, Caltrans, etc.).
t. Utility trench backfill within private property will be placed
in strict conformance with the provisions of this report relating to minimum
compaction standards. In general, service lines extending inside of the subject
property may be backfilled with native soils compacted to a minimum of 90 percent
of maximum dry density.
Uncontrolled surface drainage that allows ponding to occur on
slopes and around structures could weaken slopes and lead to cracked foundations.
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid this potentially significant effect, as follows:
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U. Where no exterior pavement section abuts the buildings, soil
shall be backfilled against the exterior footings and the final grade should result in a
positive gradient away from the buildings, in order to provide rapid removal of rain and
irrigation water away from the foundations.
V. To help minimize increased moisture into fill material under
new foundations and pavements, good site drainage is important. Site drainage shall
be in the form of roof gutters, catch basin and other drainage facilities. Down-spouts
from the roof of the buildings shall discharge collected rainwater onto splashblocks,
adjacent paved areas, or be tied into a water-tight drainage pipe, which would carry
the collected water away from the building areas. Design landscaping and irrigation
to prevent excess irrigation and ponding.
Erosion of soils during periods of high winds can result in removal
of material intended to be the foundation of structures and deposition of uncompacted
and unstable materials that are susceptible to future settlement. Changes or
alterations have been required in, or incorporated into, the project which mitigate or
avoid this potentially significant effect, as follows:
w. To control erosion during construction, soil shall be kept
moistly frequent watering. After construction, when frequent watering is no longer
feasible, wind-breaks installed, and plant native grasses and brush shall be planted on
areas reserved for future phases of development, to minimize the contact of the wind
against the ground.
2. Hydrology and Water Quality: Uncontrolled grading and site
preparation activities could result in erosion and runoff of loose soils and other
contaminants that could adversely affect downstream water quality. Changes or
alterations have been required in, or incorporated into, the project which mitigate or
avoid this potentially significant effect, as follows:
a. Prior to the issuance of any grading permits, a Stormwater
Pollution Prevention Plan SWPPP) shall be completed, to the satisfaction of the
Colorado Regional Water Quality Control Board and the City of La Quinta. The SWPPP
shall include measures to minimize the generation of fugitive dust, prevent erosion and
prevent and contain hazardous materials spills. Specific elements of the SWPPP may
include, but are not limited to:
1). Dust controls as specified in project PM1O plan see
Section 5.6, Air Quality, for further description).
2). Installation of sand bags at existing and proposed
storm drain inlets.
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3). Soil stabilizing of future phase areas after rough
grading.
4). Covering construction access roads with gravel.
5). Watering site throughout grading.
6). Minimize the number of separate construction and
vehicle storage and staging areas, to simplify the collection and disposal of
contaminants.
7). Identifying the location of fuel storage areas.
8). Erect barriers around vehicle storage and staging areas
and around fuel storage areas, to prevent intrusion by unauthorized persons after
construction hours;
9). An ongoing monitoring plan, to ensure that water
quality controls are repeated and properly implemented in subsequent construction
phases. The monitoring plan should include objectives, parameters for monitoring,
schedules, evaluation and actions required. Provide regular monitoring reports,
throughout each construction phase.
The proposed runoff management plan is intended to contain all
site runoff for storm conditions up to and including a 1 OO-year storm. However, if
storm drainage facilities are not properly designed and maintained, this plan may not
achieve this level of flood control and it is possible that damage to on- or off-site
properties could result. Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid this potentially significant effect, as follows:
b. Final grading and drainage plans for each phase of
development shall incorporate retention facilities, and shall prove to the satisfaction
of the City of La Quinta that there will be no site runoff for rainstorms up to and
including the 1 OO-year event.
c. To ensure the continued effectiveness of the storm drainage
and retention facilities, property owner maintenance associations shall be established
to regularly clean and maintain landscaping, storm drainage facilities and retention
areas, including drywells, which support those properties.
Some of the runoff from the north areas of Pads 1, 2, and 3 in
Development Scenarios 1 through 3 would drain into the landscape setback from
Highway 111. The depths of the catch basins are not consistent with the Highway
11 1 Design Guidelines or the La Quinta Municipal Code. Although the Draft SFIR
proposed an additional mitigation measure requiring redesign of the onsite setback
areas along Highway 111 and the development of additional onsite retention capacity
in order to conform to the Highway 111 Design Guidelines and La Quinta Municipal
Code, the City Council finds that based upon its review and consideration of all
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available engineering and other project related information, this proposed mitigation
measure is not feasible and should not be adopted for this particular project. The City
Council concurs with the Planning Commission determination and finds that the storm
water retention on the north half of Parcel 1, 2, and 3, in the Highway 111 landscape
setback is acceptable. The City Council also disagrees with the determination in the
Draft SEIR that the inconsistencies with the Highway 111 Design Guidelines or the La
Quinta Municipal Code constitute a potentially significant adverse impact, given the
substantial drainage and landscape improvements that are, in fact, being made along
Highway 111 in connection with this project. Nevertheless, to the extent there are
any remaining potentially significant impacts caused by not incorporating the proposed
additional mitigation measure specified in the Draft SEIR, the City Council finds that
such impact is acceptable based on the Statement of Overriding Considerations
adopted for this project.
3. Biolo?ical Resources: During site grading and construction that
occurs during the nesting/breeding season typically February through July), there is
a potential to destroy bird nests that are occupied by native bird species. If this
occurs, it would be a violation of the Migratory Bird Treaty Act and/or the California
Fish and Game Code and would be considered a significant impact. Changes or
alterations have been required in, or incorporated into, the project which mitigate or
avoid this potentially significant effect, as follows:
a. Common and Special-Status Bird Nests. If project site
grading and/or construction would occur during the nesting/breeding season typically
February through July) of native bird species potentially nesting on the site, then the
following measure shall be implemented.
Prior to construction or site preparation activities, a field survey
shall be conducted by a qualified biologist to determine if active nests of special-status
birds i.e., loggerhead shrike) or common bird species protected by the Migratory Bird
Treaty Act and/or the California Fish and Game Code, are present in the construction
zone or within 50 feet of the construction zone. If active nests are found, a minimum
50-foot this distance may be greater depending on the bird species and construction
activity, as determined by the biologist) fence barrier shall be erected around the nest
site. No construction activities shall be permitted within this nest zone until the young
birds have fledged, as determined by the project biologist.
Implementation of the project will eliminate essentially all potential
habitat for the Coachella Valley fringe-toed lizard species on the site. This lizard
species is listed as threatened by State and Federal agencies. The loss of this habitat
could restrict the range of these animals and would be considered a substantial impact
on a rare or endangered species. In addition, the project site is within the habitat fee
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area pursuant to the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan.
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid this potentially significant effect, as follows:
b. The project applicant shall pay $600 per acre developed to
the City of La Quinta as part of the Coachella Valley fringe-toed lizard mitigation plan.
4. Transportation and Circulation: Proper site access control and
adequate sight distance are needed to ensure safe ingress/egress at the project's main
entrances, and to avoid traffic conflicts with through traffic. Changes or alterations
have been required in, or incorporated into, the project which mitigate or avoid this
potentially significant effect, as follows:
a. The proposed project shall have full access to Highway 111
and Adams Street. The project developer(s) shall construct the site-specific circulation
recommendations as depicted in Figure 1 5 of the SEIR.
b. Sight distance at each project entrance shall be reviewed
with respect to standard Caltrans/City of La Quinta sight distance standards at the
time of preparation of final grading, landscape and street improvement plans.
C. The project developer(s) shall provide a westbound 400 foot
left turn pocket on Highway 111 for vehicles desiring to turn left into the project site.
d. The project developer(s) shall provide a southbound 300 foot
left turn pocket on Adams Street for vehicles desiring to turn left into the project site.
Project traffic in the Year 2000 would degrade levels of service
below City standards at two of 1 5 study area intersections. For Year 2000 with
project traffic conditions, a traffic signal is projected to be warranted at the
intersection of the project entrance La Quinta Drive) at Highway 111. Year 2005
project traffic volumes wou?d degrade levels of service below City standards at four
of 1 5 study area intersections. For Year 2005 with project traffic conditions, a traffic
signal is projected to be warranted at the Intersection of Adams Street at 47th
Avenue/project entry. Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid this potentially significant effect, as follows:
e. Intersection improvements shall be constructed as identified
in Table 1 0 of the SEIR. The project developer(s) shall participate in the construction
of traffic improvements at affected locations in the City's arterial network, through
payment of required Infrastructure Development Fees.
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f. The project developer(s) shall Consult with the Sunline
Transit Agency to consider expanding service within the area.
g. Prior to the issuance of building permits for any individual or
combined site development involving at least 100 employees, prepare TDM plans for
City approval, in accordance with Section 9.1 80 of the La Ouinta Municipal Code. The
TDM plans shall also satisfy the requirements of SCAQMD Rule 2202, and shall be
reasonably calculated to achieve an average vehicle occupancy rate VOR) of 1.3. The
TDM plan shall also indicate specific strategies and guidelines to reduce the number
of single-occupant vehicle trips and increase the amount of non-vehicular
transportation.
h. To accommodate future bus service on key roadways, the
project developer(s) shall plan transit stops at the far side of major intersections and
at locations which would not conflict with peak hour traffic flows see Figure 20 of
the certified EIR] for suggested locations). Pedestrian access to the bus stops shall be
provided. Actual transit stop locations shall be coordinated with the Sunline Transit
Agency.
I. The project developer(s) shall provide on-site bike racks on
the commercial portion of the project to encourage the use of bicycles as an alternative
means of transportation.
j. The project developer(s) shall designate a portion of the
commercial retail parking area to encourage employee ride sharing.
5. Noise: Although no buildings have been designed for the mixed
regional commercial uses, it is possible that delivery areas for large commercial uses
could be located behind the buildings along the frontage of Adams Street. It is also
possible that deliveries for some commercial uses such as grocery stores could occur
during nighttime hours when people are most sensitive to noise, and when roadway
traffic volumes may be so low that delivery noise does not blend with the traffic noise.
This could cause substantial disturbance and a potentially significant impact. Changes
or alterations have been required in, or incorporated into, the project which mitigate
or avoid this potentially significant effect, as follows:
a. Commercial delivery areas shall be either oriented away from
Adams Street, or shielded by a minimum six-foot solid masonry wall with the height
determined from the elevation of the delivery platform.
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6. Solid Waste Disposal: Construction-period solid wastes could have
a significant impact on local landfill capacity unless measures are taken to reduce,
recycle or reuse such wastes to minimize the amount that must be disposed of at a
landfill. Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid this potentially significant effect, as follows:
a. Contractors shall separate recyclable construction waste
materials in separate bins, and shall arrange for transport of recyclable materials to
facilities which accept the materials. A list of recyclable construction materials and
recycling facilities is available, and shall be obtained, from the City of La Quinta. All
recyclable materials shall be recycled.
b. Builders competing for construction contracts shall be
required to include proposals for the use of building products made of recycled
materials.
Given the City's obligations under AB 939 to substantially reduce the amount of solid
wastes that must be disposed of at a sanitary landfill, if solid waste reduction,
recycling and/or reuse measures are not incorporated into the project, the project's
solid waste impact would be considered significant. Changes or alterations have been
required in, or incorporated into, the project which mitigate or avoid this potentially
significant effect, as follows:
c. Green waste generated on the project site shall be treated
in such a way as to avoid disposal in landfills. This may be accomplished, for
example, by composting either on-site or at approved facilities and mulching for use
on- and off-site.
d. Prior to the issuance of building permits for each phase of
the project, a solid waste management program shall be approved for that portion of
the site or for larger areas if more efficient, by the City of La Quinta. These programs
shall maximize the recycling potential of packaging materials cardboard), mixed
papers, and scrap ferrous materials, and shall include designated areas for trash
separation bins which are accessible to waste haulers, and identification of materials
that are to be recycled. The following provisions shall be considered in the preparation
of the plans:
1). Locate recycling/separation areas in close proximity
to dumpsters for non-recyclables, elevators, loading docks, and primary internal and
external access points. From CIWMB Model Ordinance)
2). Locations of recycling/separation areas shall not
conflict with any applicable Federal, State or local laws relating to fire, building,
access, transportation, circulation, or safety.
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3)- Locate recycling/separation areas so they are
convenient for those persons who deposit, collect, and load the recyclable materials.
From CIWMB Model Ordinance)
4). Place recycling containers/bins so that they do not
block access to each other.
5). Solid waste collection/recycling areas are to be
compatible with nearby structures, secure, protected against adverse environmental
conditions, clearly marked, adequate in capacity, number and distribution, and contain
a sufficient number of bins, to serve the recycling needs of the development. From
CIWMB Model Ordinance)
6). Design and construct collection/recycling areas to
accommodate front-loader packing trucks, including maneuvering room. From CIWMB
Model Ordinance)
7). Design and construct driveways and/or travel aisles
with adequate width and maneuverability space for unobstructed garbage collection
vehicle access and clearance. From CIWMB Model Ordinance)
8) Post signs at all access points of the recycling areas
that clearly identify all recycling and solid waste collection and loading areas and the
materials accepted therein. From CIWMB Model Ordinance)
A variety of hazardous wastes, both liquid and solid, would be generated
in small quantities by the proposed auto dealerships and other commercial uses that
could be developed in accordance with the Specific Plan. These wastes must be
safely stored while awaiting disposal, and there are no waste disposal facilities within
Riverside County currently accepting such wastes. Special provisions, therefore, must
be made to properly store and dispose of the project's hazardous wastes, to avoid
unlawful and unsafe disposal of such materials. Changes or alterations have been
required in, or incorporated into, the project which mitigate or avoid this potentially
significant effect, as follows:
e. Prior to occupancy of each phase of the project, the
managers of the auto dealerships, any other businesses within the proposed auto mail
area that generate hazardous wastes, and the mixed-use, regional commercial center,
shall prepare programs for the proper storage, collection, identification, and disposal
of industrial chemical and hazardous material wastes. Such programs may, for
example, include current waste disposal practices such as contracting with State
licensed, private firms for the collection of waste materials, for use by the same or
other firms who produce new products from the recycled wastes and/or who transport
such wastes to properly licensed and permitted disposal facilities. These hazardous
waste management programs shall be prepared and implemented to the satisfaction
of the Riverside County Fire Department and the City of La Quinta. Prior to the
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issuance of any occupancy permit by the City, the occupant shall verify, in writing,
that the occupant has complied with all applicable Federal, State, County and City
requirements for the handling and disposal of hazardous waste material, and shall file
an annual report with the City Community Development Department reporting the
types of hazardous waste generated and methods of waste disposal. The annual
report shall include evidence of proper disposal with a California-certified hazardous
waste disposal company.
7. Aesthetics: Proposed berming provided along Highway 111 would
not fully screen views of vehicles in regular new vehicle display areas located between
the special vehicle display pads along Highway 111 or vehicles displayed on the rest
of the dealership pads. This is not Consistent with the standards in Section 9.1 50.
L. 1 of the La Ouinta Municipal Code for the screening of parking areas and the
Highway 111 Design Guideilnes for screening outdoor storage/display areas?,, The
Draft SEIR provides that this inconsistency represents a potentially significant aesthetic
impact. The Draft SEIR further specifies that unscreened views of entrances in and
out of dealerships/repair buildings on Pads 1, 2, and 3 may also represent a potentially
significant aesthetic impact.
The following mitigation measures are incorporated into the project to
lessen or avoid inconsistency between the proposed berming and the La Quinta
Municipal Code and Highway 111 Design Guidelines:
a. All auto dealership regular vehicle display areas and service
area entrances shall be adequately screened from view from Highway 111 and Adams
Street by landscaping, walls and/or berms. The City Council concurs with the Planning
Commission determination and finds that the berming as set forth in the applicant's
most recently submitted plans adequately screens the regular vehicle display areas and
service area entrances along Highway 111.
Based on the previous mitigation measure, the possibility exists for
solid, masonry screening walls to be constructed along the Highway 111 and Adams
Street frontages that would be aligned in a straight line along the interior edge of the
landscape setback along both frontages. This straight-line wall design would conflict
with Section 9.150.L.3.b. of the La Ouinta Municipal Code, which states that
screening walls should not be constructed in long, straight stretches, to prevent visual
monotony. This is considered a potentially significant impact. Changes or alterations
have been required in, or incorporated into, the project which mitigate or avoid this
potentially significant effect, as follows:
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b. Any screening walls constructed along the Highway 111 and
Adams Street frontages shall incorporate a design that avoids a monotonous visual
effect, through a meandering alignment, use of offsets, periodic variations in materials,
texture, or colors or other measures which achieve the desired effect.
Although the Draft SEIR proposed an additional mitigation measure
requiring that all auto dealership regular vehicle display areas and service area
entrances by fully" screened from view from Highway 111 and Adams Street in order
to conform to the La Quinta Municipal Code and Highway 111 Design Guidelines, the
City Council finds, upon further review and consideration of all of the available
engineering and other project-related information, that this proposed mitigation
measure is not feasible, and should not be adopted for this particular project. The City
Council also disagrees with the determination in the Draft SEIR that failure to fully
screen the auto dealer regular vehicle display areas and service area entrances from
Highway 111 and Adams Street is a potentially significant adverse impact, given the
substantial landscape improvements that are, in fact, being made along Highway 111
in connection with this project. Nevertheless, to the extent there are any remaining
significant adverse impacts caused by not fully screening the vehicle display areas and
service area entrances, the City Council finds that such impact is acceptable based on
the Statement of Overriding Conditions.
C. Significant and Unavoidable Impacts
1. Air Quality: Construction period emissions would exceed thresholds
of significance recommended by the South Coast Air Quality Management District
SCAQMD), resulting in short-term, significant air quality impacts. The following
changes or alterations have been required in, or incorporated into, the project which
would reduce the volume of such emissions to the extent considered feasible, but not
to below less than significant levels.
a. The project developer shall prepare and implement a
construction management plan, as approved by the City of La Quinta, which includes
the following measures recommended by the SCAQMD, or equivalently effective
measures approved by the SCAQMD:
1)- Configure construction parking to minimize traffic
interference.
2). Provide temporary traffic controls during all phases of
construction activities to maintain traffic flow e.g.? flag person).
3). Schedule construction activities that affect traffic flow
on the arterial system to off-peak hours.
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4). Reroute construction trucks away from congested
streets.
5). Consolidate truck deliveries when possible.
6). Provide dedicated turn lanes for movement of
construction trucks and equipment on- and off-site.
7). Prohibit truck idling in excess of two minutes.
8). Maintain equipment and vehicle engines in good
condition and in proper tune as per manufacturers' specifications and per SCAQMD
rules, to minimize exhaust emissions.
9). Suspend use of all construction equipment operations
during second stage smog alerts. Contact the SCAQMD at 800/242-4022 for daily
forecasts.
10). Use electricity from power poles rather than temporary
diesel- or gasoline-powered generators.
11). Use methanol- or natural gas-powered mobile
equipment and pile drivers instead of diesel if readily available at competitive prices.
12). Use propane- or butane-powered on-site mobile
equipment instead of gasoline if readily available at competitive prices.
b. The developer shall prepare and implement a PM1O Plan
based on the measures of SCAQMD Rule 403, Fugitive Dust, which are in effect at the
time of development. The following measures are currently recommended to
implement Rule 403, Fugitive Dust. These measures have been quantified by the
SCAQMD as being able to reduce dust generation between 30 and 85 percent
depending on the source of the dust generation.
1). Apply approved non-toxic chemical soil stabilizers
according to manufacturer?s specification to all inactive construction areas previously
graded areas inactive for four days or more).
2). Replace ground cover in disturbed areas as quickly as
possible.
3). Enclose, cover, water twice daily, or apply approved
soil binders to exposed piles i.e., gravel, sand, dirt) according to manufacturers'
specifications.
4). Water active grading sites at least twice daily.
5). Suspend all excavating and grading operations when
wind speeds as instantaneous gusts) exceed 25 mph.
6). Provide temporary wind fencing consisting of three-
to five-foot barriers with 50 percent or less porosity along the perimeter of sites that
have been cleared or are being graded.
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7). All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or should maintain at least two feet of freeboard i.e.,
minimum vertical distance between top of the load and the top of the trailer), in
accordance with Section 23114 of the California Vehicle Code.
8). Sweep streets at the end of the day if visible soil
material is carried over to adjacent roads recommend water sweepers using reclaimed
water if readily available).
9). Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads, or wash off trucks and any equipment leaving the
site each trip.
10). Apply water three times daily chemical soil stabilizers
according to manufacturers? specifications to all unpaved parking or staging areas or
unpaved road surfaces.
11). Enforce traffic speed limits of 1 5 mph or less on all
unpaved roads.
Operational emissions primarily traffic exhaust) would exceed
thresholds of significance recommended the SCAQMD, resulting in long-term,
significant air quality impacts. The following changes or alterations have been required
in, or incorporated into, the project which would reduce the volume of such emissions
to the extent considered feasible, but not to below less than significant levels.
c. Where applicable, business owners and operators shall
implement all rules and regulations adopted by the Governing Board of the SCAQMD
which are applicable to their individual commercial use such as Rule 402, Nuisance,
Rule 11 02, Petroleum Solvent Dry Cleaners, Rule 11 1 1, NOX Emissions from
Natural Gas-Fired, Fan-Type Central Furnaces, Rule 1146, Emissions of Oxides of
Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and
Process Heaters) and which are in effect at the time of occupancy.
d. Where feasible, use solar or low emission water heaters to
reduce natural gas consumption and emissions.
e. Use energy-efficient and automated controls for air
conditioners to reduce energy consumption and emissions.
f. Use automatic lighting on/off controls and energy-efficient
lighting to reduce electricity consumption and associated emissions.
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g. Use light-colored roofing materials as opposed to dark
roofing materials. These materials would reflect, rather than absorb, sunlight and
minimize heat gains in buildings. This measure would lessen the overall demand for
mechanical air conditioning systems.
h. Comply with Title 24 of the California Code of Regulations
which are current at the time of development
I. If any drive-through windows are proposed at a later date
on the commercial portion of the site, traffic flow at these drive-throughs shall be
improved by designing separate windows for different functions and by providing
temporary parking for orders not immediately ready for pickup.
j. Provide bicycle facility improvements on the project site with
access to off-site roadways.
k. Implement all mitigation measures identified in Section 5.5,
Transportation and Circulation for intersection improvements that would reduce traffic
congestion.
I. Implement an on-site vehicle circulation plan to reduce
vehicle queuing.
m. Provide on-site pedestrian facility improvements.
II. CUMULATIVE IMPACTS
A. Impacts Determined to be Less than Significant
1. Potential Secondary Land Use Effects: No significant cumulative
impacts are anticipated.
2. Geotechnical Considerations: This project would not contribute to
cumulative impacts involving geological hazards or features on any other sites.
3. Transportation and Circulation: Cumulative traffic in the Year 2000
would not degrade levels of service below City standards at 1 3 of 1 5 study area
intersections. Year 2005 cumulative traffic volumes would not degrade levels of
service below City standards at 1 1 of 1 5 study area intersections,
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4 AirQuality. The project would be consistent with the AQMP
forecasts for this area, be consistent with the air quality-related regional plans, and
should not jeopardize attainment of state and federal ambient air quality standards in
the Coachella Valley. Its cumulative air quality impacts are, therefore, not significant.
5. Noise: Project traffic would add to cumulative traffic volumes on
the surrounding street system, near several sensitive receptor locations. The projected
noise levels along the affected roadways would not exceed City standards.
6. Public Services: This project would not contribute to significant
cumulative impacts on County Fire Department, County Sheriff Department or private
emergency medical services.
7. Aesthetics: Project development would continue expansion of
commercial development along Highway 111 corridor as envisioned in the La Ouinta
General Plan. No significant cumulative aesthetic impacts are anticipated along the
Highway 111 corridor.
8. Cultural Resources: This project would not contribute to any
significant cumulative impacts involving cultural resources.
B. Impacts That Could be Significant, But are Mitigable to Less Than
Significant Levels.
1. Hydrology and Water Qualitv: Uncontrolled grading and site
preparation activities could result in erosion and runoff of loose soils and other
contaminants that could adversely affect downstream water quality. Changes or
alterations have been required in, or incorporated into, the project which mitigate or
avoid this potentially significant effect, as follows:
a. Prior to the issuance of any grading permits, a stormwater
pollution prevention plan SWPPP) shall be completed, to the satisfaction of the
Colorado Regional Water Quality Control Board and the City of La Quinta. The SWPPP
shall include measures to minimize the generation of fugitive dust, prevent erosion and
prevent and contain hazardous materials spills. Specific elements of the SWPPP may
include, but are not limited to.
1). Dust controls as specified in project PM1O plan see
Section 5.6, Air Quality, for further description).
2). Installation of sand bags at existing and proposed
storm drain inlets.
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3). Soil stabilizing of future phase areas after rough
grading.
4). Covering construction access roads with gravel.
5). Watering site throughout grading.
6). Minimize the number of separate construction and
vehicle storage and staging areas, to simplify the collection and disposal of
contaminants.
7). Identifying the location of fuel storage areas.
8). Erect barriers around vehicle storage and staging areas
and around fuel storage areas, to prevent intrusion by unauthorized persons after
construction hours.
9). An ongoing monitoring plan, to ensure that water
quality controls are repeated and properly implemented in subsequent construction
phases. The monitoring plan should include objectives, parameters for monitoring,
schedules, evaluation and actions required. Provide regular monitoring reports,
throughout each construction phase.
3. Biological Resources: Loss of potential on-site habitat for the
Coachella Valley fringe-toed lizard species would contribute to the net cumulative loss
of habitat for this threatened species. Changes or alterations have been required in,
or incorporated into, the project which mitigate or avoid this potentially significant
effect, as follows:
a. The project applicant shall pay $600 per acre developed to
the City of La Quinta as part of the Coachella Valley fringe-toed lizard mitigation plan.
4. Transportation and Circulation: Cumulative development traffic in
the Year 2000 would degrade levels of service below City standards at two of 1 5
study area intersections. Year 2005 cumulative traffic volumes would degrade levels
of service below City standards at four of 1 5 study area intersections. Changes or
alterations have been required in, or incorporated into, the project which mitigate or
avoid this potentially significant effect, as follows:
a. Construct intersection improvements, as identified in Table
1 0 of the SEIR. The project developer(s) shall participate in the construction of traffic
improvements at affected locations in the City?s arterial network, through payment of
required Infrastructure Development Fees.
b. The project developer(s) shall consult with the Sunline
Transit Agency to consider expanding service within the area.
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C. Prior to the issuance of building permits for any individual or
combined site development involving at least 100 employees, prepare TDM plans for
City approval, in accordance with Section 9.1 80 of the La Ouinta Municipal Code. The
TDM plans shall also satisfy the requirements of SCAQMD Rule 2202, and shall be
reasonably calculated to achieve an average vehicle occupancy rate VOR) of 1.3. The
TDM plan shall also indicate specific strategies and guidelines to reduce the number
of single-occupant vehicle trips and increase the amount of non-vehicular
transportation.
d. To accommodate future bus service on key roadways, the
project developer(s) shall plan transit stops at the far side of major intersections and
at locations which would not conflict with peak hour traffic flows see Figure 20 of
the certified EIR] for suggested locations). Pedestrian access to the bus stops shall be
provided. Actual transit stop locations shall be coordinated with the Sunline Transit
Agency.
e. The project developer(s) shall provide on-site bike racks on
the commercial portion of the project to encourage the use of bicycles as an alternative
means of transportation.
f. The project developer(s) shall designate a portion of the
commercial retail parking area to encourage employee ride sharing.
4. Water Distribution and Storage: Cumulative and long?erm water
demand throughout La Quinta and the rest of the CVWD service area could result in
significant overdrafting of available groundwater supplies and could result in water
shortages at various times and in various places within the valley. Changes or
alterations have been required in, or incorporated into, the project which mitigate or
avoid this potentially significant effect, as follows:
a. The City of La Quinta will continue to cooperate with CVWD
strategies to manage regional water supplies and distribution facilities. Examples of
such strategies currently being implemented or under consideration as part of the
CVWD's water management planning program include:
1). To meet the projected regional water demand for the
year 201 5, CVWD has estimated that another 220 acres of ponds for recharge would
be needed in the lower valley. This would allow for percolation of approximately
82,000 acre feet of water per year. If such ponding areas cannot be found in the
lower valley, the needed replenishment could be made up by converting current well
users farmers, fish farmers, golf courses and duck clubs) to canal water or other
surface sources in the lower valley.
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2). Additional replenishment could be achieved through
importation of another 41 O00 acre feet to supplement groundwater recharge efforts
in the upper valley, conserving an additional 25,000 acre feet of water after initial use
for fish farms, increasing reclaimed water use on golf courses by 1 1 00O acre feet,
implementing conservation measures on golf courses to save an additional 9,000 acre
feet and improving agricultural conservation to save another 5,000 acre feet.
It is anticipated that most of the money required to implement and
operate CVWD's water plan would come through assessments collected from pump
owners for the cost of replacing the amount of water they extract from the basin.
Major groundwater users in the upper valley, including the CVWD, have been paying
such fees for nearly 20 years.
C. Significant and Unavoidable Impacts
1. Solid Waste DisDosal: Existing landfill capacity in Riverside County
is projected to be exhausted by the year 2008, approximately three years after the
anticipated time of full project occupancy. The project?s ongoing, long-term solid
waste generation, therefore, would contribute to significant cumulative impacts on the
valley-wide and county-wide solid waste disposal systems. The proposed Specific Plan
Amendment, however, provides flexible design scenarios which have the potential to
generate less solid waste and, therefore, less cumulative demand for waste disposal
than the approved project. The following changes or alterations have been required
in, or incorporated into, the project which would reduce the project's solid waste
impacts to the extent considered feasible, but would not reduce the impact to less
than significant levels if regional solutions to the county's solid waste disposal facilities
needs are not developed by the year 2008.
a. Green waste generated on the project site shall be treated
in such a way as to avoid disposal in landfills. This may be accomplished, for
example, by composting either on-site or at approved facilities and mulching for use
on- and off-site.
b. Prior to the issuance of building permits for each phase of
the project, a solid waste management program shall be approved for that portion of
the site or for larger areas if more efficient, by the City of La Quinta. These programs
shall maximize the recycling potential of packaging materials cardboard), mixed
papers, and scrap ferrous materials, and shall include designated areas for trash
separation bins which are accessible to waste haulers, and identification of materials
that are to be recycled. The following provisions shall be considered in the preparation
of the plans:
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1). Locate recycling/separation areas in close proximity
to dumpsters for non-recyclables, elevators, loading docks, and primary internal and
external access points. From CIWMB Model Ordinance)
2). Locations of recycling/separation areas shall not
conflict with any applicable federal, State or local laws relating to fire, building,
access, transportation, circulation, or safety.
3). Locate recycling/separation areas so they are
convenient for those persons who deposit, collect, and load the recyclable materials.
From CIWMB Model Ordinance)
4). Place recycling containers/bins so that they do not
block access to each other.
5). Solid waste collection/recycling areas are to be
compatible with nearby structures, secure, protected against adverse environmental
conditions, clearly marked, adequate in capacity, number and distribution, and contain
a sufficient number of bins, to serve the recycling needs of the development. From
CIWMB Model Ordinance)
6). Design and construct collection/recycling areas to
accommodate front-loader packing trucks, including maneuvering room. From CIWMB
Model Ordinance)
7). Design and construct driveways and/or travel aisles
with adequate width and maneuverability space for unobstructed garbage collection
vehicle access and clearance. From CIWMB Model Ordinance)
8). Post signs at all access points of the recycling areas
that clearly identify all recycling and solid waste collection and loading areas and the
materials accepted therein. From CIWMB Model Ordinance)
Ill. ALTERNATIVES CONSIDERED AND REJECTED
Five alternatives to the approved Specific Plan were evaluated in the Original
EIR.
The alternatives compared the environmental advantages and disadvantages of
different land uses and a different site location as a means of reducing or avoiding the
significant impacts that would occur with the approved project. These alternatives are
as follows along with the reasons that they were rejected:
A. Reduced Densitv Alternative: Rejected as infeasible because it would not
meet the project objective for return on investment in the subject property.
Furthermore, this alternative would not be environmentally superior to the project, with
respect to net environmental impact.
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B. Hotel/Golf/Office Alternative: Rejected as infeasible because it is not
capable of being accomplished in a successful manner within a reasonable period of
time. A completely different site plan would have to be developed, at extra cost and
several months of additional time, and new tenants would have to be found who
would enter into an agreement with the developer to occupy the commercial spaces
created by this alternative development. These considerations represent substantial
obstacles that would preclude the successful implementation of this alternative in a
reasonable period of time, and, according to the applicant, this alternative would not
satisfy their objective for return on investment in this property. Furthermore, this
alternative would not be environmentally superior to the project, with respect to net
environmental impact.
C. Alternative Site Location: Rejected as infeasible because it is not capable
of being accomplished in a successful manner within a reasonable period of time. A
completely different site plan would have to be developed, at extra cost and several
months of additional time. Furthermore, the project applicant does not own or have
any substantial interest in this alternative site, and it is not known whether the
property owner would sell the property to this project applicant or if the applicant
would be able to acquire the property on terms satisfactory to the applicant, the
alternative site property owner and the occupants of the proposed auto mall. These
considerations represent substantial obstacles that would preclude the successful
implementation of this alternative in a reasonable period of time, and, according to the
applicant, would not satisfy their objective for return on investment in this property.
Furthermore, this alternative would not be environmentally superior to the project.
D. No-Proiect. Existing Conditions Alternative: Rejected as infeasible because
it does not accomplish the objectives of the Land Use Element of the La Ouinta
General Plan which designates this site for Mixed/Regional Commercial uses. The
purpose of this designation is to strengthen the City?s economic base and provide a
range of commercial and/or institutional services for the community. The City has not
identified this site for acquisition for any public needs. Furthermore, this alternative
would not accomplish the applicant?s objective of obtaining a return on investment in
this property.
E. No-Proiect. Mixed/Regional Commercial Alternative: Rejected because it
would result in a greater level of environmental impact than the project.
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Through the approval of the Specific Plan, the City of La Quinta agreed that the
approved Specific Plan provided the best opportunities for the development of the site.
The proposed Specific Plan Amendment provides four flexible development scenarios
for the site to be built-out and operated depending on the prevailing market conditions.
These four development scenarios are, in essence, additional alternatives to the
approved Specific Plan that can be feasiblely implemented.
IV. CHANGES IN IMPACT POTENTIAL
The proposed changes to the Original Project would have the same or similar
impacts as those analyzed in the Original EIR. Therefore, the Amended Project does
not have any new or substantially increased significant unavoidable impacts beyond
those previously analyzed in the Original EIR.
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