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CC Resolution 2016-052RESOLUTION NO. 2016 - 052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS AND CERTIFYING THE VILLAGE BUILD -OUT PLAN EIR (SCH 2015101019) PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2016-0012 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of December, 2016, hold a duly noticed Public Hearing to consider Environmental Assessment 2016-0012 and Zoning Ordinance Amendment 2016-0005, to implement the Village Build -Out Plan; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on December 9, 2016 as prescribed by the Municipal Code; 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 City Council did make the findings found in Exhibit A, attached hereto and incorporated by this reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. SECTION 2. That the City Council does hereby find that the benefits of the proposed project outweigh the environmental impacts associated with air quality emissions, greenhouse gas emissions, and traffic and circulation, as fully described in Exhibit A. SECTION 3. That the City Council certifies the Final Village Build -Out Plan EIR, including the Mitigation Monitoring and Reporting Program included therein, and directs staff to post the Notice of Determination at the State Clearinghouse and the Riverside County Clerk. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of Lc Quinta City Council, held on this the 20th day of December, 2016, by the following vote: Resolution No. 2016 -052 Environmental Assessment 2016-0012 Village Build -Out Plan EIR (SCH No. 2015101019) Adopted: December 20, 2016 Page 2 of 2 AYES: Council Members Fitzpatrick, Pena, Mayor Evans NOES: None ABSENT: Council Members Radi, Sanchez ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Cler City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: �� 2 r_ WILLIAM H. IHRK , City Attorney City of La Quinta, California EXHIBIT A COUNCIL RESOLUTION 2016-052 ADOPTED: DECEMBER 20, 2016 City of La Qu i nta Village Build -Out Plan Findings of Fact and Statement of Overriding Considerations SCH No. 2015101019 October 2016 Table of Contents Section Page Section 1 Introduction and Purpose..........................................................................................1 1.1 Mitigation Monitoring Reporting Program.......................................................................2 1.2 Location of Documents.....................................................................................................2 1.3 Discussion of Findings, ...................................................................................................... 2 Section2 Findings......................................................................................................................4 2.1 Resolution Regarding No Impact on Environmental Issues..............................................4 A. Agricultural Resources......................................................................................................4 B. Biological Resources..........................................................................................................5 C. Geology and Soils..............................................................................................................5 D. Hazards and Hazardous Materials....................................................................................5 E. Mineral Resources............................................................................................................6 F. Noise.................................................................................................................................6 G. Population and Housing...................................................................................................7 H. Traffic and Circulation.......................................................................................................7 2.2 Resolution Regarding Impacts Determined to be Less Than Significant ..........................7 A. Aesthetics..........................................................................................................................7 B. Air Quality...., ....................................................................................................................9 C. Hydrology and Water Quality...........................................................................................9 D. Land Use and Planning....................................................................................................10 E. Population and Housing..................................................................................................11 F. Recreation.......................................................................................................................12 G. Traffic and Circulation.....................................................................................................13 2.3 Resolution Regarding Impacts Determined to be Less Than Significant With Mitigation 15 A. Aesthetics........................................................................................................................15 B. Air Quality.......................................................................................................................15 C. Biological Resources........................................................................................................16 D. Cultural Resources..........................................................................................................18 E. Geology and Soils............................................................................................................24 Village Build -Out Plan Findings of Fact I October 2016 Table of Contents F. Greenhouse Gases..........................................................................................................26 G. Hazards and Hazardous Material....................................................................................27 H. Hydrology and Water Quality.........................................................................................30 I. Land Use and Planning....................................................................................................34 J. Noise...............................................................................................................................36 K. Public Services.................................................................................................................38 L. Utilities and Service Systems .............................................. ............................................ 40 2.4 Resolution Regarding Significant Environmental Impacts Which Cannot be Avoided if theProject is Implemented........................................................................................................45 A. Air Quality.......................................................................................................................45 B. Greenhouse Gas Emissions.............................................................................................49 C. Traffic and Circulation.....................................................................................................50 2.5 Resolution Regarding Cumulative Environmental Impacts............................................52 2.6 Resolution Regarding Irreversible Environmental Changes...........................................53 2.7 Resolution Regarding Growth Inducing Impacts............................................................55 2.8 Resolution Regarding Alternatives..................................................................................55 2.9 Resolution Adopting a Statement of Overriding Considerations...................................59 Village Build -Out Plan Findings of Fact ii October 2016 Findings Section 1 Introduction and Purpose The project addressed in these Findings of Fact is the La Quinta Village Build -Out Plan. The California Environmental Quality Act (CEQA) statutes (Public Resources Code Sections 21000 through 21178) Section 21081 requires the Lead Agency (City of La Quinta) to issue written findings for significant impacts identified in the Final Environmental Impact Report (Final EIR), accompanied by a brief rationale for each finding. Section 15091 of the CEQA Guidelines states that: (a) No public agency shall approve or carry out a project for which an environmental impact report 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 have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological or other benefits of the project outweigh the significant effects on the environment. In accordance with Section 21081 of the CEQA Statutes, whenever significant impacts cannot be substantially mitigated and remain unavoidable, the benefits of the proposed project must be balanced against the unavoidable environmental consequences in determining whether to approve the project. The Lead Agency must make Findings of Fact and adopt a Statement of Overriding Considerations where the decision of the Lead Agency allows the occurrence of significant effects that are identified in the EIR, but are not substantially mitigated. Village Build -Out Plan Findings of Fact 1 October 2016 Findings This document sets forth the City of La Quinta's Findings and Statement of Overriding Considerations pursuant to Section 21081 of the CEQA Statutes, as supported by substantial evidence in the record. The EIR for the project, including the Draft EIR, as revised by the Final EIR's errata section, together with the other sections of the Final EIR, is incorporated in its entirety into these Findings as is fully set forth herein. 1.1 Mitigation Monitoring Reporting Program As required by CEQA Statute (Public Resources Code) Section 21081.6, a program for reporting on and monitoring project mitigation will be adopted by the Lead Agency. 1.2 Location of Documents The Draft EIR, Final EIR, and administrative record for the City of La Quinta's Village Build -Out Plan are available for review upon request at: City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, California 92253 1.3 Discussion of Findings Where —as a result of the environmental analysis of the project and compliance with existing laws, codes, and statutes —impacts have been determined by the City to be less than significant and, therefore, do not require mitigation, such a finding, as well as a finding in the EIR of no impact, is referred to herein as Finding 1. Where —as a result of the environmental analysis of the project and the identification of feasible mitigation measures —potentially significant impacts have been determined by the City to be reduced to a level of less than significant, the City has found in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1) that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." Such a finding is referred to herein as Finding 2. Where —as a result of the environmental analysis of the project, the City has determined that: a) even with compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant; or b) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance Public Resources Section Village Build -Out Plan Findings of Fact 2 October 2016 Findings 21081(a)(3) and CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." Such a finding is referred to herein as Finding 3. References for discussion of environmental impacts within the EIR are noted with each finding. Impact numbers refer to the section number and the threshold letter referenced in the Draft EIR where the full discussion of impacts is included. Village Build -Out Plan Findings of Fact 3 October 2016 Findings Section 2 Findings This set of findings is divided into types of impacts based on the significance of an impact as analyzed in the EIR. Environmental impacts associated with the Village Build -Out Plan are categorized as follows: 1) less than significant and do not require mitigation; 2) potentially significant but will be avoided or reduced to a level of insignificance through the identified Mitigation Measures; or 3) significant and cannot be fully mitigated to a level of less than significant but will be substantially lessened to the extent feasible by the identified Mitigation Measures. 2.1 Resolution Regarding No Impact on Environmental Issues The City Council hereby finds that the following potential environmental impacts of the Village Build -out Plan are less than significant and therefore do not require the imposition of Mitigation Measures. As part of the Initial Study process, the Environmental Checklist Form suggested by the CEQA Guidelines and utilized by the City of La Quinta was reviewed to assure that all environmental issues required to be addressed by CEQA would be addressed in the EIR. It was determined that the proposed project would have no impact on the following environmental areas of concern: A. Agricultural Resources Because the project site, the approximately 138-acre La Quinta Village Build -out Plan area is located in an urban setting where properties are developed, or if vacant, highly disturbed; there is no agricultural or forest lands that would be adversely affected by the proposed Village Build - out Plan. Therefore, the following environmental issues did not require evaluation in the EIR: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), to non-agricultural use. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract. c) Conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. d) Result in the loss of forest land or conversion of forest land to non -forest use. 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. Village Build -Out Plan Findings of Fact 4 October 2016 Findings B. Biological Resources Because the project site, the approximately 138-acre La Quinta Village Build -Out Plan area is located in an urban setting where properties are developed, or if vacant, highly disturbed; there is no riparian habitat, sensitive natural communities or wetlands located in or adjacent to the project area; and, there are no wildlife corridors through the Village Build -out Plan area. Therefore, the following environmental issues did not require evaluation in the EIR: 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 US Fish and Wildlife Service. 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. 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. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. C. Geology and Soils The La Quinta Village Build -out Plan area is not located within an Alquist Priolo Earthquake Fault Zone as no faults are known to traverse the Village Build -out Plan area. Additionally, all new development projects will be required to be connected to a sanitary sewer system and no septic systems will be allowed. Therefore, the following environmental issues did not require evaluation in the EIR: a-i) 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. d) 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. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water. D. Hazards and Hazardous Materials Village Build -Out Plan Findings of Fact 5 October 2016 Findings The La Quinta Village Build -out Plan area does not include any sites or business that are currently listed on a list of hazardous materials sites, is not located within the limits of an Airport Land Use Plan, or in the vicinity of a private airstrip, and is not located in an area where wildland fires would expose people or structures to significant risk of wildland fires. Therefore, the following environmental issues did not require evaluation in the EIR: 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. 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. 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. 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. E. Mineral Resources The project area is located within Mineral Resource Zone 1 (MRZ-1). This zone includes areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. Therefore, the following environmental issues did not require evaluation in the EIR: 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. 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. F. Noise The Village Build -out Plan project area is not located near an airport. Therefore, the following environmental issues did not require evaluation in the EIR: e) If 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, a project would expose people residing or working in the project area to excessive noise levels. f) If located within the vicinity of a private airstrip, a project would expose people residing or working in the project area to excessive noise levels. Village Build -Out Plan Findings of Fact 6 October 2016 Findings G. Population and Housing The Village Build -Out Plan does not call for the removal of a substantial number of houses or people. Therefore, the following environmental issues did not require evaluation in the EIR: b) Displace substantial number of existing housing, necessitating the construction of replacement housing elsewhere. c) Displace substantial number of people, necessitating the construction of replacement housing elsewhere. H. Traffic and Circulation The Village Build -out Plan area is not located near an airport. Therefore, the following environmental issues did not require evaluation in the EIR: 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. 2.2 Resolution Regarding Impacts Determined to be Less Than Significant A. Aesthetics Impacts 5.1.a through 5.1.c (a) Substantial effect on a scenic vistas, (b) substantially damage scenic resources, and (c) substantially degrade the existing character or quality of the Village. Substantial Evidence Scenic Vistas. The La Quinta Village Build -out Plan will be developed consistent with policies and programs set forth in the La Quinta General Plan to protect existing views and maintain existing scenic vistas. A scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. Under existing conditions, there are no viewpoints within the Build -out Plan project area that would provide an expansive view of the local mountains. As a result, there would be no adverse effect on a scenic vista resulting from the development of new residential and non-residential uses in the project area. Scenic Resources. Scenic Resources includes trees, rock outcroppings, and historic buildings that are visible from a State scenic highway, or locally significant scenic resources such as the Coral Mountains to the south and west of the Village. Currently, there are no State scenic Village Build -Out Plan Findings of Fact 7 October 2016 Findings highways that run through La Quinta or near the Village Build -out Plan project area. However, the City has one street in the project area that is designated as a City Image Corridor - Calle Tampico. Within the Village Build -out Plan project area, residents and visitors currently have partial views of natural features, including the Coral Mountains to the south and west, and to a lesser extent the Little San Bernardino Mountains to the north. Building heights up to 60 feet, plus potentially greater lot coverage allowed on a project by project basis, will result in a denser Village with the potential to obstruct mountain views from local roads and residences. Future development proposals would be subject to the requirements set forth in the Zoning Code and require review by the City's Planning Commission on a project by project basis. Proposed projects may be subject to conditions of approval related to building design for building setbacks from streets, parkway easements, and pedestrian corridors; particularly for new development projects proposed along Calle Tampico. By considering views and view corridors on a project -by -project basis, setbacks from public streets, especially Calle Tampico, and setbacks between buildings, can reduce impacts to less than significant levels. Visual Character. Incompatible land uses or building design inconsistent with the General Pan - including height - have the potential to degrade the visual character and quality of the experience in the Village. The Build -out Plan includes proposed increases in intensity or density to allow for a more integrated urban feel, created by allowing residential uses above non- residential uses, and increasing building heights to provide greater density in the Village Build - out Plan area. The proposed project includes a Zoning Code text amendment to specifically allow for increased intensity and density of land uses in the Village Build -out Plan area. Any proposed increase in intensity or density would be considered on a project -by -project basis to ensure quality development and compatibility with land uses on adjacent sites, and within the Village as a whole. Therefore, impacts in regard to substantial degradation to visual character and quality of a site as a result of implementation of the Village Build -out Plan would be less than significant. Summary. Future development in the Village Build -out Plan project area could have an adverse effect on scenic resources and the visual character or quality of a site. However, future development proposals would be subject to the requirements set forth in the Zoning Code and on a project -by -project basis, review by the City's Architectural and Landscape Review Board and Planning Commission, and subject to conditions of approval related to building design for building setbacks from streets, parkway easements, and pedestrian corridors, particularly for new development projects proposed along Calle Tampico. Site Plan Review on a project -by - project basis, and considering each project within the context of other existing or future buildings in the project area would ensure that impacts to views of scenic resources and the visual character or quality of a site would be less than significant. Village Build -Out Plan Findings of Fact 8 October 2016 Findings Finding Regarding Impacts 5.1.a through 5.1.c, the City hereby makes Finding 1 that implementation of existing General Plan policies and Zoning Ordinance requirements for project review(s) will reduce potentially significant impacts to less than significant levels. B. Air Quality Impact 5.3.e (e) Create objectionable odors affecting a substantial number of people Substantial Evidence Odors. The Build -out Plan does not contain land uses typically associated with emitting objectionable odors. Diesel exhaust and Volatile Organic Compounds would be emitted during construction development within the Village Build -out Plan area, which are objectionable to some; however, emissions would disperse rapidly from the Village Build -out area and therefore should not reach an objectionable level at the nearest sensitive receptors. Finding Regarding Impact 5.3.e, the City hereby makes Finding 1 that odors generated by the proposed project will result in a less than significant impact. C. Hydrology and Water Quality Impact 5.8.j (j) Inundation by seiche, tsunami, or mudflow Substantial Evidence Inundation from Above -ground Storage Tanks. Strong ground shaking can cause structural damage to above -ground water storage tanks, especially when they are not adequately braced. This emphasizes the need to inspect and retrofit tanks to maintain their structural integrity. CVWD has ten water reservoirs in the City's planning area, with a total capacity of 44.6 million gallons. Six of the ten are above ground storage tanks located upslope from the project area along the southern portion of La Quinta Cove. All six storage tank sites have levee berms surrounding storage tanks for gradual offsite flow in the event of failure. All ten of the storage tanks are welded steel, constructed to current seismic and American Water Works Association standards. The existing structural integrity of the storage tanks will prevent excessive flooding in the event of failure. Village Build -Out Plan Findings of Fact 9 October 2016 Findings Finding Regarding Impacts 5.8.j, the City hereby makes Finding 1 that implementation of existing construction requirements and regular inspections of above -ground storage tanks will reduce potentially significant impacts to less than significant levels. D. Land Use and Planning Impacts 5.9.a through 5.9.c (a) Physically divide an established community, (b) (b) conflicts with applicable land use plans and policies, and (c) (c) conflict with conservation plans. Substantial Evidence Established Community. The objective of the Build -out Plan is to focus development onto existing undeveloped vacant lots and redevelop underutilized properties, when the opportunity arises, with a variety of mixed -use residential and commercial development. The Village Commercial designation allows for the proposed increased residential density of up to 20-30 dwelling units per acre, which is higher than the density allowed under the High Density Residential designation of up to 16 dwelling units per acre. There are currently 33 single family and 251 multi -family dwelling units within the Village Build -out Plan area. All of these existing residential areas will remain unaffected by the Plan and implementation of the Village Build -out Plan will not physically divide an established community. Applicable Land Use Plans and Policies. The Village Build -out Plan will replace the existing Village Design Guidelines with: 1) a Zoning Code Amendment to set new standards for building height; and 2) site plan and architectural review of proposed development projects; therefore providing more flexibility in the type of architecture, density of uses, and opportunities to create a more livable, walkable community. The Plan is also consistent with SCAGs Regional Transportation Plan/Sustainable Communities Plan by embracing new patterns of development that encourage a greater population density coupled with public amenities such as enhanced sidewalks, bike lanes and more comprehensive pedestrian crossings on public streets. Conservation Plans Implementation of the Village Build -out Plan will not conflict with an established conservation plan adopted by the City. The Build -out Plan project area is within the CVMSHCP plan area, so all future development projects within the Build -out Plan will be subject to a mitigation fee to ensure the future availability of funds to purchase regional conservation lands. Village Build -Out Plan Findings of Fact 10 October 2016 Findings Finding Regarding Impacts 5.9.a through 5.9.c, the City hereby makes Finding 1 that implementation of existing General Plan policies, replacement of the Village Design Guidelines with a more flexible application/design review process that considers design on a project -by -project basis, and encouraging the creation of a livable, walkable community will reduce potentially significant impacts to less than significant levels. E. Population and Housing Impacts 5.11.a (a) Induce substantial population growth, (b) displace a substantial number of existing housing, and housing with regard to the displacement of existing housing or existing population, and (c) displace a substantial number of people requiring the construction of replacement housing. Substantial Evidence Population Growth. The Village Build -out Plan has the potential to induce both direct and indirect population growth within the project area by identifying 50.9 acres of residential development that could result in up to 1,230 new residential units (multi -family), and approximately 799,786 additional square feet of commercial, totaling 960,711 square feet of commercial space at build -out. Using the City of La Quinta's 2015 average household size of 2.60, the Build -out Plan would have the potential to add an estimated 3,198 new residents to the City's population through the development of new dwelling units. The RTP/SCS considers new patterns of development as the regional economy continues to recover and grow, the composition of our population changes, the housing market responds to evolving needs, and demands and mobility innovations emerge. The proposed Village Build -out Plan is in line with the intent of the RTP/SCS goals and guiding policies regarding the creation of opportunities to increase densities of both residential and non-residential uses, to accommodate millennials seeking denser, mixed use urban areas and baby boomers downsizing and looking for opportunities to remain independent as they age by reducing the need to drive for goods and services. The Village Build -out Plan will provide a sustainable, downtown village community with mixed -use residential/commercial properties. The proposed housing within the project area would primarily consist of high density multi -family dwelling units either built above commercial/retail development or adjacent to it. Finding Regarding Impacts 5.11.a, the City hereby makes Finding 1 that implementation of existing General Plan policies, replacement of the Village Design Guidelines with a more flexible Village Build -Out Plan Findings of Fact 11 October 2016 Findings application/design review process that considers design on a project -by -project basis, and encouraging the creation of a livable, walkable community will reduce potentially significant impacts to less than significant levels. F. Recreation Impacts 5.13.a and 5.13.b (a) Impacts to Park and Recreation facilities, or (b) Impacts on the environment due to the creation of new parks or recreation facilities. Substantial Evidence Existing Parks and Recreation Facilities. The project area would result in an increase in residents, expanding retail opportunities within mixed -use areas of the Village Build -out Plan area would have a positive impact as it would strengthen and maintain events and activities promoted under the HEAL Cities Campaign in 2010 which helps City officials to adopt policies that promote healthy environments and physical activity within their community. A number of programs and activities could be implemented into the Build -out Plan, including the continued promotion of farmers' markets, creation of a community garden, promoting recreational activity and providing safe routes to school. The La Quinta Wellness Center is located within the Village Build -out Plan project area in the Civic Center at the site of the former Senior Center. It was renovated and expanded in late-2014 with improvements to promote wellness for the whole community. The recent expansion of the Wellness Center provides additional recreational resources to existing and future residents of the Village Build -out Plan area and reduces the need for new recreational facilities in the vicinity. The La Quinta General Plan requires the provision of 5 acres of parkland set aside for each 1,000 population. Based on this standard, a population of 3,198 at build out of the Village Build - out Plan area would require a total of 15 acres of parkland. In order to ensure funding is acquired for future purchases of land, all new development and redevelopment projects will be required to pay development impact fees directed towards the preservation, expansion and maintenance of the City's recreational parks and facilities, and contribute to new parkland acquisition in accordance with the Quimby Act. This process will assure that new park expansion is funded. Existing recreational facilities within the La Quinta Village Build -out Plan project area would continue to be maintained and supplemented through development impact fees set forth by the City of La Quinta. The City of La Quinta has established Development Impact Fees (DIF) for Parks/Recreation and Park Maintenance Facilities that apply to residential projects only. New residential development and redevelopment projects would be required to pay the most up -to - Village Build -Out Plan Findings of Fact 12 October 2016 Findings date development impact fees at the time of project development, and thus would safeguard funding for maintenance and improvements to existing parks within the City. Creation of New Parks and Recreation Facilities. The Village Build -out Plan does not include any specific proposals for additional park land or recreation facilities. However, implementation of Mixed Use standards in the Village Build -out Plan area would provide incentives for the inclusion of plazas and public spaces in development projects; and implementation of the project would have a positive impact as it would strengthen and maintain events and activities promoted under the HEAL Cities Campaign in 2010 which helps City officials to adopt policies that promote healthy environments and physical activity within their community. The campaign was adopted to meet General Plan Policy PR-1.8, promote a healthy and active lifestyle for all residents. By maintaining consistency with Policy PR-1.8, HEAL would assist in encouraging residents and visitors to participate in walking, biking and sports -related activities, and attract local revenue to the project. A number of programs and activities could be implemented into the Build -out Plan with the promoting and expanding of the HEAL program, including the continued promotion of farmers' markets, creation of a community garden, promoting recreational activity and providing safe routes to school. The La Quinta Wellness Center is located in the Civic Center. It was renovated and expanded in late-2014 with improvements to promote wellness for the whole community. The 10,000+ square -foot La Quinta Wellness Center has a fitness center, various wellness classes, a gardening area, special events, and weekly programs for all ages. The recent expansion of the Wellness Center provides additional recreational resources to existing and future residents of the Village Build -out Plan area and reduces the need for new recreational facilities in the vicinity. Therefore, implementation of the project will not have a negative impact on the environment due the construction of new parks and facilities. Finding Regarding Impacts 5.13.a and 5.3.1c, the City hereby makes Finding 1 that implementation of existing General Plan policies, and creating a livable, walkable community will reduce potentially significant impacts to less than significant levels. G. Traffic and Circulation Impacts 5.14.d through 5.14.f (d) Substantially increase hazards due to a design feature, (e) Result in inadequate emergency access, and (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 Village Build -Out Plan Findings of Fact 13 October 2016 Findings Substantial Evidence Hazardous Design Features and Emergency Access. The Village Build -out Plan does not include any specific projects, but instead, analyzes build -out of the Village Build -out Plan based on desired residential and commercial development and redevelopment. Future projects are expected to be constructed on the Village's existing street grid, which generally provides safe, 90 degree intersections and appropriate line of sight. All future projects within The Village Build -out Plan project area will be required to undergo discretionary review with the City to ensure that design features are consistent with General Plan Policies and City Ordinances; including design features and project access to ensure that they are consistent with City guidelines and do not pose hazards to the public. Adopted Alternative Transportation Policies. The Village Build -out Plan is designed to meet the goals and policies identified in Section 5.14.3 to enhance the circulation network in the project area to efficiently, safely and economically move people, vehicles and goods into and around the Village. Ways in which the Build -out Plan meets goals and policies include: establishing traffic -calming features in the project area (Policy Circ-1.10, Program Cir-1-10j) such as round- abouts and back -in parking; reduce vehicular traffic and reduce vehicle miles traveled through the development of a land use pattern that maximizes interactions between adjacent or nearby land uses (Policy Cir-1.12); and develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi -use paths (Policy Cir-2.3). The proposed Village Build -out Circulation Plan (Exhibit 5.14-20 of the EIR) would maximize alternative transportation, complete the pedestrian network (enhanced sidewalks) and enhance the bike/golf cart lanes, and ensure that travel lanes accommodate NEVs, all providing connectivity throughout the Build -out Plan project area, which is consistent with General Plan Goals and Policies. Finding Regarding Impacts 5.14.d through 5.14.f, the City hereby makes Finding 1 that implementation of existing General Plan policies, circulation improvements associated with the General Plan, and creating a livable, walkable community will reduce potentially significant impacts to less than significant levels. Village Build -Out Plan Findings of Fact 14 October 2016 Findings 2.3 Resolution Regarding Impacts Significant With Mitigation A. Aesthetics Impact 5.1.d (d) Substantial adverse effect on light and glare. Substantial Evidence Determined to be Less Than Light and Glare. Development of vacant land, and/or new replacement projects that may be developed on some underutilized properties within the Village Build -out Plan area would likely increase light and glare in the area. The City Outdoor Lighting Ordinance (Section 9.100.150 of the Municipal Code) provides regulations for reducing light and glare caused by new development. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: AES-1 During the building permit application phase, evidence must be submitted to prove that a proposed project will comply with the City Outdoor Lighting Ordinance of the Municipal Code. Finding With regard to Impact 5.1.d, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. B. Air Quality Impact 5.2.d (d) Expose sensitive receptors to substantial pollutant concentrations Substantial Evidence Exposure to Sensitive Receptors. Construction -related air emissions have the potential to exceed state and federal air quality standards in the project vicinity. The data provided in the Air Quality Analysis for the project shows that none of the analyzed pollutants would exceed the SCAQMD Localizes Significance Threshold (LST) at the nearest sensitive receptors, with compliance with all SCAQMD rules for control of fugitive dust, maintenance of construction Village Build -Out Plan Findings of Fact 15 October 2016 Findings vehicles and equipment, and use of reduced VOC asphalt architectural coatings and solvents. Therefore, a less than significant local air quality impact would occur to sensitive receptors during construction of the Village Build -out Plan. The long-term operational emissions are primarily in the form of mobile source emissions and consumer products. Due to lack of stationary source emissions, no long-term LST analysis was warranted. CO Hotspot Analysis. CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. The intersection with the highest peak hour traffic volume is located at Washington Street and Avenue 48 and has a PM peak hour volume of 2,475 trips for the build -out year with Village Build -out Plan project scenario. The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard. Therefore, as the intersection with the highest traffic volume falls far short of 100,000 vehicles, no CO "hot spot" modeling was warranted. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: AQ-1 All development projects in the project area must adhere to SCAQMD Rules (see Section 5.2, Air Quality pp. 5.2-6 through 5.2-10 for a list of the applicable rules), for the control of fugitive dust, for the maintenance of construction vehicles and equipment, and for the use of reduced VOC asphalt, architectural coatings and solvents. Finding With regard to Impact 5.2.d, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. C. Biological Resources Impacts 5.3.a and 5.3.f (a) 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; or Village Build -Out Plan Findings of Fact 16 October 2016 Findings (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. Substantial Evidence Candidate, Sensitive, or Special Status Species. Implementation of the Build -out Plan will result in the infill of all currently vacant properties, as well as the intensification of uses on some currently underutilized properties. A wide range of common and sensitive wildlife species occur in the City that may be affected by implementation of the Village Build -out Plan. Because most of the Village Build -out Plan project area is urban and any vacant properties display signs of disturbance and minimal ruderal vegetation, it is unlikely that suitable habitat for species protected under the CVMSHCP is present within the Build -out Plan project area. Additionally, avian species that can tolerate human disturbance will likely continue to inhabit the project area, and may be attracted to newly landscaped areas. Burrowing owl is such a species. Therefore, prior to development of currently vacant properties, an applicant must have a pre -construction survey performed to establish presence/absence of individuals. In addition, nesting birds are protected under the Migratory Bird Treaty Act. To avoid illegal take of nesting birds, construction activities should be conducted outside of nesting season, which is from February 1 through August 15. If timing restrictions make it impossible to avoid construction activities during nesting season, pre -construction surveys shall be completed prior to land disturbance. Habitat Conservation Plan. The Village Build -out Plan project area is within the planning area for the CVMSHCP, but is not within a designated conservation area. Nonetheless, new development proposed within the Build -out Plan area will be required to pay a mitigation fee to ensure the future availability of funds to purchase conservation land and offset potential impacts of development on the natural environment. Payment of mitigation fees would be the extent of an applicant's requirements regarding impacts to species protected under the CVMSHCP. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: BIO-1 Burrowing Owl. Prior to any land disturbance on currently vacant properties, an applicant shall have a biological survey conducted at the project site to determine presence/absence of the species. Results of the survey may determine whether focused surveys must be conducted. If the site survey determines the presence of burrowing owl, mitigation in accordance with the CDFW shall be implemented as follows: Village Build -Out Plan Findings of Fact 17 October 2016 Findings • If burrowing owls are identified as being resident on -site outside the breeding season (February 1 through August 31) they may be relocated to other sites by a permitted biologist (permitted by CDFW), as allowed in the CDFW Staff Report on Burrowing Owl Mitigation (March 2012). • If an active burrow is found during the breeding season, the burrow shall be treated as a nest site and temporary fencing shall be installed at a distance from the active burrow, to be determined by the biologist, to prevent disturbance during grading or construction. Installation and removal of the fencing shall be done with a biological monitor present. 1310-2 Nesting Bird Surveys. Removal of any appropriate vegetation located on a project site shall be conducted outside of the avian nesting season (February through August). If construction must occur during the avian nesting season, a pre - construction nesting bird survey shall be conducted within seven days prior to any ground disturbing activities. If at any time birds are found to be nesting, construction activities within 250 feet of the nest must not occur until it is determined by a qualified biologist that the nest is no longer active. 1310-3 CVMSHCP Mitigation Fee. New development projects are required to pay the mitigation fees; even those projects located in urban areas. The most current rates (2016) are as follows (but future developments may be subject to updated fees): Dwelling Units Fee 0-8 units $1,301 per unit 8-14 units $541 per unit 14 + units $239 per unit Non -Residential Commercial/industrial $5,809 per acre Finding With regard to Impacts 5.3.a and 5.3.f, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. D. Cultural Resources Impact 4.4.a (a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5. Village Build -Out Plan Findings of Fact 18 October 2016 Findings (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5, (c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature, and (d) Disturb any human remains, including those interred outside of formal cemeteries (e) Cause a substantial adverse change in the significance of a Tribal Cultural Resource as defined in Public Resources Code § 21074 Substantial Evidence Historical Resources. Within the State of California there are provisions in CEQA, its Guidelines, and other provisions of the California Public Resources Code for the protection and preservation of significant cultural resources (i.e., "historical resources"). Thirteen historically significant properties within and adjacent to the Village Build -Out Plan project area are reported in the City of La Quinta Historic Resources Inventory as locally significant resources and as a result are listed on a local register making them "historical resources" pursuant to CEQA. The condition of the 13 buildings was verified in a field visit on December 4, 2015. All 13 buildings were found to be in good physical condition and retain sufficient levels of historical integrity such that their previous evaluation of significance has not been changed. Only one of the 13 historically significant properties, a commercial building situated at 78035-78039 Calle Estado, is identified for potential redevelopment. This building is historically significant as a one-story building designed in the Spanish Colonial Revival style and as a commercial building in the historical downtown core. Demolition or alteration of this building should be avoided. If demolition or substantial alteration occurs, the project will result in a direct impact on this cultural resource. Such changes would be considered a substantial adverse change under CEQA. Therefore, avoidance is recommended. If the building is retained but redevelopment of this parcel occurs, the project could result in a substantial adverse change under CEQA. Therefore, mitigation measures have been included to ensure that new construction adjacent to this building is compatible in design, scale, massing, and appearance as required by CEQA through the imposition of the Secretary of the Interior's Standards and Guidelines. Four of the properties in are one- and two-story commercial buildings designed in the Spanish Colonial or Monterey Revival style. They are historically significant for their architectural style and as original buildings of the historical downtown commercial core. Although these properties will not be physically altered as a result of implementation of the Village Build -Out Plan, new development constructed immediately adjacent to the buildings has the potential to result in indirect impacts on the historical integrity and significance of these buildings. If new construction is not compatible in design, scale, massing or appearance, the project could result Village Build -Out Plan Findings of Fact 19 October 2016 Findings in a substantial adverse change under CEQA. Therefore, mitigation measures have been included to ensure that new construction adjacent to these buildings is compatible. Eight of the properties are residential buildings situated in the La Quinta Cove Thematic Historic District. They are historically significant for their architectural style and as original buildings of the historical La Quinta Cove residential tract development. Although these buildings will not be physically altered as a result of implementation of the Village Build -Out Plan, new development located adjacent to or within close proximity to these buildings has the potential to produce an indirect impact on the historical integrity and significance of these buildings. A project adjacent to or within close proximity to the buildings will result in a substantial adverse change under CEQA. Therefore, mitigation measures have been included to ensure that new construction adjacent to these buildings is compatible. Archaeological Resources. Previous cultural surveys throughout the City have identified approximately 500 archaeological sites, both historic and prehistoric. The Village Build -out Plan project area contains vacant properties, some of which may not have yet been disturbed by grading or excavation activities associated with development. Because the project area is considered to be highly sensitive for containing prehistoric archaeological deposits in subsurface contexts, vacant land that is proposed for development that has not been previously surveyed (See Exhibit 5.4-1) shall require a qualified archaeological monitor and Native American monitor to be present on site during grading and excavation activities. In order to increase parking within the Village Build -out Plan area, some development/redevelopment projects may include the addition of underground parking. This type of project would likely require deeper excavation than a typical project, resulting and an increased likelihood that archaeological resources will be uncovered. Therefore, proposed development/redevelopment projects that include underground parking will be required to have an archaeological monitor present during all phases to construction grading and trenching activities in order to reduce impacts on archaeological resources to less than significant levels. Paleontological Resources. The City experiences varying degrees of paleontological sensitivity according to soil types. The easterly portion of the Build -out Plan project area is located within a High Paleontological Sensitivity area; while the westerly portion is located in an area that is Undetermined. Since paleontological sensitivity in the westerly portion of the project area is undetermined, the entire Build -out Plan project area is assumed to have moderate to high paleontological sensitivity. Due to the wide range of projects that can be proposed within the Village Build -out Plan project area, future applicants will be required to have a paleontologist review grading and excavation plans and determine if monitoring during construction is required. Village Build -Out Plan Findings of Fact 20 October 2016 Findings Human Remains. The discovery of human remains is always a possibility during ground disturbances. State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98. Tribal Cultural Resources. It is unknown whether resources exist within the Village Build -out Plan project area, and previous correspondence with local tribes indicated that there was no specific information regarding cultural resources in the area, so construction activities could potentially result in direct or indirect disturbance or destruction of tribal cultural resources. Redevelopment within the Village Build -out project area is not anticipated to have a significant impact on tribal cultural resources because the sites for redevelopment are already highly disturbed. However, some development/redevelopment projects within the Build -out Plan project area are anticipated to propose underground parking, requiring deeper excavation than previously performed during original development. All projects proposed on vacant sites and development/redevelopment projects proposing underground parking will be required to have an archaeological monitor and Native American Monitor present during all phases to construction grading and trenching activities. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, as follows: CR-1 Demolition or extensive alteration of the building at 78035-78039 Calle Estado should be avoided. Overriding considerations to justify the loss of the building would need to be developed were demolition pursued. Because the building is significant for its architectural merits and as one of La Quinta's original downtown commercial buildings, mitigation measures such as photographic and written documentation must be developed prior to any demolition or extensive alteration of this building. Documentation of the building shall follow the Historic American Building Survey (HABS) Level I Standards. This documentation shall include production of high - quality archival print photographs and plan drawings of the building, including but not limited to a floor plan, elevation drawings, and any character -defining features or details on the building. All work carried out pursuant to the documentation of the building shall be conducted by, or under the direct supervision of a person or persons meeting, at a minimum, the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738-39 as revised in 1994) as an architectural historian. A written report detailing the documentation shall be provided to the City of La Quinta upon completion of the work. The report shall be produced on archival materials and filed with the La Quinta Historical Society and Museum and La Quinta Library. Village Build -Out Plan Findings of Fact 21 October 2016 Findings CR-2 If redevelopment of 78035-78039 Calle Estado occurs, the design of any new construction adjacent to this one-story Spanish Colonial Revival -style commercial building must be compatible in design, scale, massing, and appearance as stated in the Secretary of the Interior's Standards and Guidelines. The design of new construction should not replicate the historic building style resulting in a false sense of history, but it shall not contrast starkly from its architectural style or design. New construction adjacent to this historic resource shall be no more than two stories high, and shall not overpower or overshadow this building (massing/scale). The final design of the new construction should be developed in consultation with a historic architect or architectural historian who meets the Secretary of the Interior's Professional Qualifications Standards (as published in 36 CFR Part 61). CR-3 The design of any new construction adjacent to the one- and two-story Spanish Colonial and Monterey Revival -style historic resources at 78023 Calle Estado, 77895 Avenida Montezuma, 77885 Avenida Montezuma, and 51001 Eisenhower Drive, shall be compatible in design, scale, massing, and appearance as required by the Secretary of the Interior's Standards and Guidelines. The building design should not attempt to replicate these buildings in appearance, but shall not conflict or contrast with their architectural style. New construction adjacent to these historic resources shall be no more than two stories high, and shall not overpower or overshadow these existing buildings (scale/massing). The final design of the new construction shall be developed in consultation with a historic architect or architectural historian who meets the Secretary of the Interior's Professional Qualifications Standards (as published in 36 CFR Part 61). CR-4 The design of any new construction within the Village Build -Out Plan Area adjacent to the residences of the La Quinta Cove Thematic Historic District shall be compatible in design, scale, massing, and appearance with existing historical commercial buildings in the Village Commercial zone. The design of new commercial buildings should be compatible with the Spanish Colonial and Monterey Revival architectural style of the existing historical commercial core. New construction adjacent to the La Quinta Cove Thematic Historic District shall be no more than two stories high, and shall not overpower or overshadow the historical residential buildings of the La Quinta Cove as required by the Secretary of the Interior's Standards and Guidelines. The final design of the new construction should be developed in consultation with a historic architect or architectural historian who meets the Secretary of the Interior's Professional Qualifications Standards (as published in 36 CFR Part 61). Village Build -Out Plan Findings of Fact 22 October 2016 Findings CR-5 Because the project site is considered to be highly sensitive for containing prehistoric archaeological deposits in subsurface contexts, a qualified archaeological monitor (and Native American monitor) shall be present during all phases of construction grading and trenching activities for any project developed on vacant land that has not been previously surveyed for cultural resources, as illustrated in Exhibit 5.4-1 and any development/ redevelopment project that proposes underground parking. The amount of monitoring shall be determined by the archaeologist through the preparation of a monitoring plan to be prepared prior to commencement of grading. CR-6 A qualified paleontologist shall be retained prior to the start of construction for projects proposed on vacant lots or development/redevelopment projects proposing underground parking. After final depths of impacts are known (from grading plans), a paleontological mitigation plan shall be prepared limited to the proposed deep impact areas (greater than 3 feet) of the project only. In particular, the plan shall (1) clearly define that test trenches that would be dug to the maximum depth of proposed impacts, (2) permit the use of heavy equipment to perform the trenching as all samples will be taken from sidewalls after a stratigraphic profile is developed, (3) require recording of each strata revealed, (4) require radiocarbon dates for each strata, (5) require samples of about 10 kilogram (kg) for each strata with collection of additional samples up to 100 kg for layers rich in vertebrate fossils, (6) require identification and analysis by recognized experts, (7) require an interpretive report, (8) require curation of significant specimens recovered and (9) encourage publication of results. The plan would identify the amount of monitoring required. CR-7 In the event that human remains are uncovered, no further disturbance shall occur until the Riverside County Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98. The Riverside County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MILD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Finding With regard to Impacts 5.4.b through 5.4.e, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Village Build -Out Plan Findings of Fact 23 October 2016 Findings E. Geology and Soils Impacts 5.5.a (ii-vi) through 5.5.c (a) Expose people or structures to potential adverse seismic related effects involving: (ii) strong seismic ground shaking, (iii) seismic related ground failure, (iv) landslides, (b) result in substantial soil erosion or loss of top soil, and (c) locate a project on expansive soils creating substantial risk to life and property. Substantial Evidence Seismic Activity. Although no active or potentially active faults occur in the project area, new development, in accordance with the Village Build -out Plan, will result in construction of structures and infrastructures that could potentially expose persons and property to geological hazards during a seismic event. The General Plan Update indicates that seismic activity could potentially impact the project area. The project area would be subject to potentially moderate to severe ground shaking as a result of earthquakes along the San Andreas Fault Zone and associated faults in the area. All new buildings in La Quinta, including the Build -out Plan project area, must utilize reinforced masonry and must comply with the UBC/CBC. Additionally, preparation of a geotechnical and soils analysis for all new development and applicable redevelopment projects will be required to reduce impacts associated with seismically induced groundshaking to less than significant levels. Much of the project area contains alluvial soils mixed with lacustrine clay deposits, so localized settlement can occur where soils such as alluvium or wind-borne soils have been recently deposited. However, the General Plan does not characterize the Village Build -out Plan project area within the area that is susceptible to liquefaction. The U.S. Geological Survey (USGS) subsidence rates indicate rapid increases in subsidence rates, which is primarily attributed to groundwater extraction in the Coachella Valley. Testing and review of adequacy of soils by the Building and Safety Department would reduce impacts in regard to collapsible soils. Ultimately, the La Quinta Village Build -out Plan project area is located southwest of the subsidence zone in La Quinta, and therefore, is not expected to be significantly impacted by regional subsidence. Soil Erosion. Climate, topography, soil and rock types, and vegetation are all factors that influence erosion, runoff, and sedimentation. Within the project area, grading and clearing activities eliminate protective vegetation, modify natural drainage patterns, and compress soils. Development plans for new projects in the project area are required to incorporate temporary and permanent erosion control, including the preparation of a Stormwater Pollution Prevention Village Build -Out Plan Findings of Fact 24 October 2016 Findings Plan (SWPPP), Best Management Practices (BMPs) and in some cases the preparation of a Water Quality Management Plan (WQMP) for a project site. The project area has a high to very high likelihood for wind erosion. Soils may be loosened and transported during grading and construction activities. Erosion control measures including routine site watering, cessation of construction on extremely windy days, installation of wind barriers and soil watering at construction sites would be used and required for development within the project area pursuant to SCAQMD Rule 403. Expansive Soils. Varying amounts of fine-grained silts and clays within soils may shrink or swell as moisture content changes. The project area and the Valley floor are underlain by alluvial sand and gravel interbedded with fine-grained lakebed deposits such as silts and clays. Lacustrine soils have high permeability, except for where they are interbedded with silt or clay layers, which slow the downward percolation of water. There may be considerable variation in the expansion of these soils, but required preparation of a geotechnical and soils analysis for all new development and applicable redevelopment projects would maintain consistency with City Policy GEO-1.3 and Program GEO-1.3a. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: GEO-1 Applicants for new structures shall utilize modern building materials and techniques, and be built in accordance with the latest version of the California Building Code (CBC). GEO-2 Applicants for new development projects, including redevelopment involving changes to building size shall be required to prepare a detailed geotechnical and soils analysis that includes soil sampling, laboratory testing and mitigation measures intended to reduce potential geotechnical hazards to less than significant levels. Finding With regard to Impacts 5.5.a (ii-iv) through 5.5.c, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Village Build -Out Plan Findings of Fact 25 October 2016 Findings F. Greenhouse Gases Impact 5.6.b (b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases Substantial Evidence The City of La Quinta Draft Greenhouse Gas Reduction Plan is the applicable plan adopted by the City for the purpose of reducing the emissions of GHGs. The project's emissions for the baseline year would be 59,232.89 MTCO2e per year as opposed to the project's mitigated 2035 emissions which would be lowered to 27,111.64 MTCO2e per year. With mitigation and compliance with regulations, the Village Build -out Plan year 2035 mitigated emissions would be reduced by 54.2 percent from baseline (2005) emissions; which meets the City of La Quinta GHG Reduction Plan threshold of a 28 percent reduction from baseline emissions by 2035. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: GHG-1 Project applicants shall provide sidewalks within the project boundary and along the off -site roadway improvements where these are lacking. GHG-2 Project applicants shall ensure that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards, or more stringent standards if in place at the time building permits are issued. GHG-3 Project applicants shall ensure that all faucets, toilets and showers installed in the proposed structures utilize low -flow fixtures that would reduce indoor water demand by 20 percent per CalGreen Standards to the satisfaction of the Building Department. GHG-4 Project applicants shall ensure that ENERGY STAR -compliant appliances are installed where appliances are required on -site. GHG-5 Project applicants shall implement recycling programs that reduce waste to landfills by a minimum of 75 percent. GHG-6 Project applicants shall install high -efficiency lighting be installed that is at least 10 percent more efficient than standard lighting. GHG-7 To the extent feasible, project applicants shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires for application to surfaces of residential dwelling units and commercial units within project boundaries. AQ-1 All development projects in the project area must adhere to SCAQMD Rules (see Section 5.2, Air Quality pp. 5.2-6 through 5.2-10 for a list of the applicable rules), for Village Build -Out Plan Findings of Fact 26 October 2016 Findings the control of fugitive dust, for the maintenance of construction vehicles and equipment, and for the use of reduced VOC asphalt, architectural coatings and solvents. Finding With regard to Impact 5.6.b, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. G. Hazards and Hazardous Material Impacts 5.7.a through 5.7.c, and 5.7.g (a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, (b) through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school, and (g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Substantial Evidence Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials: and create a significant hazard to the public. New commercial, residential, and mixed -use development will result in an increased population of residents and non-residents that could be susceptible to hazards and hazardous materials. Hazardous Materials Business Emer enc Plan. All new and existing businesses within the Village Build -out Plan project area that meet the storage quantity of hazardous materials described in the environmental settingwill be required to prepare a Hazardous Materials Business Emergency Plan HMBEP to be routed to County Department of Environmental Health (DEH), the Fire Department, and the City's Building Department for review. Once approved, the HMBEP will be kept on file with the City of La Quinta and County of Riverside and thus will maintain consistency with General Plan Policy HAZ-1.1 and Program HAZ-1.2a. Therefore, with implementation of Mitigation Measure HAZ-2, compliance with requirements for the preparation of a HMBEP will result in less than significant impacts for applicable commercial development. Village Build -Out Plan Findings of Fact 27 October 2016 Findings Spill Prevention Counter-measure Contingency Plan. As a general requirement by the City and the Riverside County Fire Department, any future or existing commercial business or facility within the Village Build -out Plan project area that proposes the use of hazardous materials will be required to prepare a Spill Prevention Counter-measure Contingency (SPCC) Plan that addresses appropriate protocol measures to contain accidental spills of hazardous materials. A SPCC spill kit will also be required to be placed onsite at the business or facility. By requiring an SPCC Plan for all development projects, the project will maintain consistency with General Plan Policy HAZ-1.1. Therefore, with implementation of Mitigation Measures HAZ-1 through HAZ-3 in compliance with federal, State, local regulations and programs available to address the safe handling of hazardous materials, impacts from implementation of Village Build -out Plan will be reduced to less than significant levels. Transport of Hazardous Materials. Hazardous materials are highly regulated by various government agencies, such as Caltrans, the California Highway Patrol, and the US Department of Transportation, and cleanup and containment of these accidents is monitored by these same agencies. Emergency evacuation and response plans are developed in La Quinta to provide automated notification to residents during an emergency, including hazardous waste spills and thus would maintain consistency with Goal HAZ-1 in protecting residents from hazardous and toxic materials. Cleanup of hazardous materials, and emergency evacuation response plans are already in place with the City of La Quinta. As such, significant hazards to the public or the environment through the routine transport, use, or disposal of hazardous materials as a result of implementation of the Village Build -out Plan are expected to be less than significant. Household Hazardous Waste. The La Quinta Village Build -out Plan calls for 1,230 additional residential units in the Village. The amount of hazardous materials utilized by new residents within the project area will be typical of what is found within existing homes, and thus will pose minimal danger in the event of a spill or accidental release, and is not expected to create any significant hazards. Household hazardous waste can be disposed of properly through Household Hazardous Waste disposal events, or at a network of "ABOP" facilities operated by the Riverside County Department of Waste Resources. An ABOP — or Antifreeze, Batteries, Oil, Paint — facility is located in Palm Springs and is open regularly to accept these materials, as well as electronic waste. Household Hazardous Waste disposal events are held periodically at varying locations throughout the County, including the City of La Quinta. Availability of these County -hosted events not only assists in the safe disposal of household hazardous waste but also educates City residents and in turn, maintains consistency with General Plan Goal HAZ-1.3, Policy HAZ-1.3, Program HAZ-1.3a and Program HAZ-1.3b. Emit hazardous emissions or materials, substances, or waste within one -quarter mile of a school. Benjamin Franklin Elementary School is located within the project area at the northeast corner of Calle Tampico and Eisenhower Drive. John Adams Elementary School is located just Village Build -Out Plan Findings of Fact 28 October 2016 Findings outside of the project area on the northeast corner of Desert Club Drive and Springtime Way. John Adams Elementary School, has closed and will no longer operate as a school. However the school district has discussed the possibility that this school could be used as a preschool in the future. Regulatory plans, measures and facilities are included in the school district's adopted protocol for handling onsite hazardous materials and in compliance with County of Riverside CUPA. Furthermore, existing and future adjacent land use development and redevelopment within the Village Build -out Plan project area will also be required to follow similar protocol as adopted by the City. Therefore, with the implementation of Mitigation Measure HAZ-4 and compliance with federal, State and local regulations and programs for both the Village Build -out Plan and for Benjamin Franklin Elementary School, the project will maintain consistency with General Plan Goal HAZ-1, Policy HAZ-1.1 and Policy HAZ-1.1b and impacts will be less than significant. Emergency Response and Evacuation Plans. The Village Build -out Plan will facilitate new development, and therefore will contribute to an increase in population and in turn, will have the potential to affect emergency response plans and emergency evacuation plans. To maintain consistency with General Plan GOAL HAZ-1, the City prepared the Emergency Operations Plan (EOP) to prepare for emergencies, and has instituted the Code RED notification system to help notify the public, through telephone calls, about emergencies such as water contamination, evacuation notices, wildfires, bomb threats, hazardous spills, and other emergency situations. The City is also involved in the Community Emergency Response Team (CERT) program. New residents of La Quinta, as a result of new development brought on by implementation of the Village Build -out Plan, may allow for more volunteers for groups such as CERT. Emergency accessibility for fire and medical emergency response services will be crucial for all new and proposed redeveloped projects within the project area. Appropriate means of accessibility and emergency evacuation routing will have to be demonstrated in the project plans to the satisfaction of the Fire Department. Therefore, with the City's commitment to EOP and CERT protocol in the project area and implementation of Mitigation Measure HAZ-5, impacts in regard to adopted emergency response plans or emergency evacuation plans will be reduced to less than significant levels. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: HAZ-1 All new development projects that propose the use, transport or storage of hazardous materials in their plan of operations and are defined as a new generator of hazardous materials shall comply with all local, state, and federal regulations, as required by law. Village Build -Out Plan Findings of Fact 29 October 2016 Findings HAZ-2 In compliance with Chapter 6.95 of the California Health & Safety Code (HSC) and Title 19, Division 2, of the California Code of Regulations (CCR), all new development that proposes the storage and use of hazardous materials at or above reporting criteria thresholds shall prepare a Hazardous Materials Business Emergency Plan (HMBEP). The HMBEP shall be reviewed and approved by the County of Riverside CUPA and the Department of Environmental Health prior to the initiation of operation of the business. HAZ-3 All new development projects that propose the use and storage of hazardous materials will be required to prepare a Spill Prevention Counter Measurement Contingency Plan (SPCC) that addresses appropriate protocol measures to contain accidental spills of hazardous materials. A SPCC spill kit shall also be placed onsite at the business or facility. HAZ-4 All new development and redevelopment projects within the Village Build -out Plan project area shall submit development plans and permits to the City for review, and City shall coordinate with the Desert Sands Unified School District regarding any proposed land uses that will produce hazardous waste, such as doctor's offices. HAZ-5 All project development proposals shall submit plans to the Fire Department for review and conditioning for safe accessibility of fire and ambulatory services and for appropriate evacuation routing of the project development in the event of an emergency. Finding With regard to Impacts 5.7.a through 5.7.c, and 5.7.g, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. H. Hydrology and Water Quality Impacts 5.8.a through 5.7.h (a) Violate any water quality standards or waste discharge requirements, (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 for which permits have been granted), Village Build -Out Plan Findings of Fact 30 October 2016 Findings (c) Substantially alter 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 on- or off -site, (d) Substantially alter the existing drainage pattern of the site or area, including through the alteration or course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site, (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, (f) Otherwise substantially degrade water quality, and (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. Substantial Evidence Violate water quality standards or waste discharge requirements. Construction activities within the Village Build -out Plan project area could expose soils to erosion from rainfall, runoff, and wind. Erosion from rainfall and runoff could result in pollutants from heavy equipment or construction related materials, such as diesel, gasoline, oils, grease, solvents, lubricants, or other petroleum products to mix with the water and run off -site. Therefore, all project applicants who disturb one acre or more must prepare a SWPPP to be implemented throughout the project construction period. Each SWPPP must list and prescribe appropriate best management practices (BMPs) for the control and treatment of runoff from the project site. During long term operation, each project will be required to maintain the site under a post construction Water Quality Management Plan (WQMP) that addresses all potential runoff and ongoing maintenance of BMPs. Groundwater Depletion. A Water Supply Study (WSS) was prepared for the La Quinta General Plan that provided estimates of existing water demands generated within the General Plan Planning Area and projected future water demands that will be generated at build out of the proposed General Plan. Existing water demands for the General Plan Planning Area from the WSS are estimated to be 32,496 acre-feet per year and build -out water demands are estimated to be 54,467 acre-feet per year. CVWD serves as the water provider for the City of La Quinta. CVWD's 2010 UWMP accounts for new growth and development that is expected to occur within the La Quinta Planning Area, including the Village Build -out Plan area. Water demands generated by the General Plan Planning Area, including the Village Build -out project area, are fully captured and accounted for within the CVWD UWMP projections. Therefore, water demand projections as proposed under Village Build -Out Plan Findings of Fact 31 October 2016 Findings the 2035 General Plan are consistent with the water demand estimates utilized by CVWD. Water supplies that serve the existing La Quinta Planning Area are derived from groundwater in storage and imported Colorado River water and State Water Project (SWP) exchange water. CVWD projects that, in 2035, the urban water demand total of 242,700 acre-feet per year will be supplied by 53 percent groundwater, 20 percent treated Colorado River Water, 22 percent untreated Colorado River Water, and 4 percent desalinated agricultural drain water. The current UWMP finds that with groundwater supplies, imported water supplies, water conservation programs, and recharge activity water supplies are sufficient to meet demands during normal, single, and multiple dry year conditions through 2035. As such, the level of additional water supplies needed to meet demands generated by development within the Village Build -out Plan will not substantially deplete groundwater reserves or interfere with groundwater recharge. Drainage Patterns Storm Drain Infrastructure and Flood Hazards. A Hydrology report was prepared for the La Quinta Village Build -out Plan to analyze effects development may have on drainage patterns in the project area. The results of the analyses in the La Quinta Village Hydrology Study suggest that the level of impingement to commercial development in order to retain 10-year flows on -site is largely relative to the expected increase in surface street runoff due to development of existing vacant lots within the hydrology study area. Since on -site streets and storm drain facilities along Calle Tampico do not have capacity to convey 10-year storm runoff under the existing condition, and the increase in runoff due to development of the existing vacant parcels is relatively small, the recommendation is that a "drainage mitigation" development fee be required to supplement funding for upgrades to the existing storm drain evacuation system. The City of La Quinta is responsible for constructing improvements to the storm drain evacuation system in the Village Build -out Plan area and requires that the improvements must be made prior to commencement of development of new projects in the project area that are proposed after adoption of the Build -out Plan. Of particular concern is the construction of storm drain improvements along Calle Tampico. The use of an off -site retention basin designed to capture flows generated during the 10-year storm event has been suggested as a possible design solution and involves the need for existing surface streets and storm drain facilities to provide conveyance to an off -site location when they are already beyond capacity under the existing condition. This reinforces the conclusion that a drainage mitigation fee intended to upgrade existing facilities is warranted. The City has committed to making the necessary drainage improvements to the storm drain evacuation system in advance of build -out of the Village Build -out Plan, thus solving the flooding problem in the project area. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: Village Build -Out Plan Findings of Fact 32 October 2016 Findings HWQ-1 Prior to the issuance of building permits on vacant or underutilized parcels that will be developed within the Village Build -out Plan, a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for all projects within the Village Build -out Plan that disturb one acre or more. The SWPPP shall list appropriate best management practices (BMPs) for the control and treatment of runoff from the project site. The applicant is responsible for the preparation and implementation of the SWPPP per the NPDES requirements and must file a Notice of Intent with the State Water Resource Control Board and receive a Waste Discharge ID Number (WDID), and have a copy of the SWPPP at the project site at all times during construction. HWQ-2 Prior to the issuance of building permits on vacant parcels within the Village Build - out Plan project area, a WQMP for post construction conditions shall list appropriate best management practices (BMPs) for the control and treatment of runoff from the project site. The WQMP must be reviewed and approved by the City Engineer or his/her designee. HWQ-3 The City of La Quinta is responsible for constructing improvements to the storm drain evacuation system in the Village Build -out project area. These improvements must be made prior to commencement of development of new projects in the project area, proposed after adoption of the Build -out Plan. Subsequently, prior to issuance of buildings permits for new development on vacant properties or redevelopment of underutilized properties in the project area applicants will pay development impact fees for drainage improvements to the storm drain evacuation system. HWQ-4 Prior to project construction of new projects on vacant lands, or redevelopment projects on currently developed parcels, the project applicant shall pay a Development Impact Fee specific towards funding of storm drain upgrade improvements along Calle Tampico Ave. HWQ-5 All project development within the Village Build -out Plan shall coordinate and cooperate with CVWD to ensure City-wide compliance with current State Senate Bill x7-7 to reduce per capita urban water use by 36 percent for year 2016, and 20 percent reduction by year 2020, including landscaping conversion programs and the smart irrigation control program; expanding the availability of sustainable water supplies such as tertiary treated water, and encouraging its use for landscape irrigation purposes, especially for irrigating golf courses and other large landscaped areas, and/or other mandates imposed at the time development occurs. HWQ-6 The City shall review and amend its Development Standards to require that all new development within the Village Build -out Plan demonstrate a reduction of domestic water consumption equivalent to the CalGreen Tier One standards in effect at the time of development. Village Build -Out Plan Findings of Fact 33 October 2016 Findings HWQ-7 The City shall continue to implement its Water Efficient Landscape ordinance by requiring that development projects within the Village Build -out Plan implement water efficient landscaping plans to meet or exceed current water efficiency standards. HWQ-8 The City shall require that new development within the Village Build -out Plan reduce its projected water consumption over "business -as -usual" consumption rates. HWQ-9 The City shall develop programs to allow and encourage the retrofitting of existing water intensive appliances and irrigation systems for existing development within the Village Build -out Plan. HWQ-10 The City shall continue to require that all new developments within the Village Build - out Plan use water conserving appliances and fixtures, including low -flush toilets and low -flow showerheads and faucets, as well as the application of water -conserving technologies in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. Finding With regard to Impacts 5.8.a through 5.7.i, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. I. Land Use and Planning Impact 5.9.b (b) Cause substantial reduction in the amount of parking available in the Village Build -out Plan area. Substantial Evidence Parking Analysis. Increased development and densities within the Village Build -out Plan area has the potential to impact parking availability within the Build -out Plan project area. A comprehensive analysis of available parking in the Village was conducted in 2006 (The City of La Quinta Village District Parking Study (Carl Walker, Inc. 2006)), and identified a surplus in parking stalls versus demand during all times of the year, including peak season. Since 2006, a number of new projects have been developed in the Village Build -out Plan project area. These projects added an additional 386 off-street parking spaces, increasing the total number of spaces in parking lots to 2,803. In September 2015, the City Council adopted Ordinance 528 to approve Zoning Ordinance Amendment 2015-0001, amending Section 9.150.060 (spaces required by Village Build -Out Plan Findings of Fact 34 October 2016 Findings use) to allow for a reduced number of required parking spaces for properties within the Village Commercial Zoning District. Based on City Municipal Code Section 9.150.060 and the assumption that two spaces are needed per dwelling unit and one space is needed for every 250 square feet of commercial development, there will be a need for 5,680 parking spaces at build out of the Village, based on proposed land uses. If it is assumed that fifty percent of the required parking will be developed, which is consistent with projects developed in the Village since 2006, there will be a need for 2,840 parking spaces. As documented in the Parking Study, there was a surplus of 1,434 parking spaces in 2006, however projects developed since 2006 have reduced the surplus to 1,072 spaces. Therefore at build out of the Village Build -out Plan, there will be a need for at least 1,768 parking spaces to accommodate the additional proposed development of vacant sites and redevelopment of underutilized sites. At approximately 300 square feet per parking space, 12 acres of land would be needed for surface level parking, 6 acres if parking structures with two levels can be developed, and 4 acres if parking structures with three levels can be developed. Additionally, the City is committed to limiting the number of motor vehicles that enter the Village through the implementation of traffic calming (round-abouts) and pedestrian/bicycle infrastructure (enhanced sidewalks, bike lanes, etc.) and parking management strategies. Proposed traffic infrastructure improvements in the Village Build -out Plan area include converting some stop controlled intersections to round-abouts, constructing enhanced sidewalks and protected bike/golf cart lanes, and providing additional pedestrian street crossings to encourage residents and visitors to walk, bicycle, or ride a golf cart rather than coming to the Village by car. Implementation of parking management strategies such as creating peripheral parking lots; initiating shuttle service; and where feasible, conditioning new projects to enter into shared parking agreements will reduce parking demand. Furthermore, requiring new projects to perform a quantification analysis of parking needs and incorporate methodologies from the 2006 Traffic Study would further ensure reduced parking demand. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: LU-1 The City of La Quinta is committed to the success of the Village becoming a more livable place by creating a more accessible place for residents and visitors to live and visit while downplaying the need for motor vehicles. To that end, and for each new individual project, the City shall implement a required quantification analysis, methodology in the 2006 City of La Quinta Village District Parking Study, parking management strategies, parking supply strategies, and zoning/administration strategies beginning with those identified in EIR Table 5.9-4. Village Build -Out Plan Findings of Fact 35 October 2016 Findings Finding With regard to Impact 5.9.d, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. J. Noise Impacts 5.10.a through 5.10.d (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, (b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels, (c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project, and (d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project Substantial Evidence Permanent Noise Increase. The City of La Quinta currently regulates noise levels for sensitive land uses. Existing noise sources in the City are generally from motor vehicle traffic, however noise is also generated from commercial and local business operations, and construction noise. Future noise contours for major roadways in La Quinta were analyzed in the La Quinta General Plan EIR to help determine the extent of future noise impacts associated with implementation of the General Plan. The goal of the Village Build -out Plan is to create a walkable mixed -use community with less reliance on vehicles, but an increase in population could result in more automobiles, trucks, and to a lesser extent buses. Therefore, noise levels along roadways throughout the project area are expected to increase. The City will adopt parking management strategies, including the use of remote parking lots and shuttle service into the Village Build -out Plan area, and implementing a number of traffic calming strategies along with increasing pedestrian, bicycle and golf cart access into and around the project area, thus reducing the reliance on the motor vehicle for trips into and through the Village Build -out Plan area. The City will continue to monitor ambient noise levels as new projects are proposed. In addition to new residential development, implementation of the Village Build -out Plan will facilitate construction of new non-residential land uses. Due to the mixed -use characteristics of Village Build -Out Plan Findings of Fact 36 October 2016 Findings the Village Build -out Plan, sensitive land uses may be located adjacent to commercial areas. Noise studies may be required to be conducted on a project -by -project basis, as new projects are proposed. Temporary Noise Increase. Implementation of the Village Build -out Plan is expected to increase the amount of construction related noises associated with proposed new development and redevelopment. Increased construction noise has the potential to periodically increase ambient noise levels in excess of noise standards set by the City's Noise Ordinance. Construction activity is limited during established days and hours to reduce disruption on surrounding land uses. Groundborne Vibration. New development throughout the project area will require grading, trenching and other activities that may produce increased ground -borne vibration and noise. According to the City of La Quinta Municipal Code Section 9.100.220.F, no use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. A noise study will be required to be conducted on a project -by -project basis, as new projects are proposed. Groundborne vibration may affect sensitive receptors due to an increase in large vehicle traffic, like buses and trucks. There are no designated truck routes near the project area, but commercial properties may receive deliveries from large trucks. Some land uses will require deliveries of food, beverages, and other supplies that would arrive by truck. All truck deliveries within the Village Build -out Plan area will be limited to daylight hours. There are existing bus routes near the project area, which were included in the noise analysis for the General Plan. New routes may develop, especially to aide in reducing the reliance on vehicles in the project area. However, since buildout noise levels were analyzed in the General Plan EIR, noise impacts are expected to remain less than significant. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: N0I-1 Based on a project's proximity to sensitive receptors, City Staff will determine if a Noise Impact Analysis is needed on a project -by -project basis during their review of project applications. If required, the study shall analyze noise levels within the proposed project, and include mitigation measures to assure that the modeled interior and exterior noise levels meet the City's standards. N0I-2 Truck deliveries to businesses in the project area that are adjacent to sensitive land uses shall be limited to daylight hours. Village Build -Out Plan Findings of Fact 37 October 2016 Findings Finding With regard to Impacts 5.10.a through 5.10.d, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. K. Public Services Impact 5.12.a (a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: (i) Fire protection, (ii) Police protection, (iii) Schools, (iv) Parks, (v) Other public facilities. Substantial Evidence Fire Protection. Implementation of the Village Build -out Plan and the increase in population in the overall General Plan Planning Area is expected to result in an increase in demand for fire protection services. Additional equipment, vehicles and staff may be needed as the project area develops with increased density of uses. The County Fire Department evaluates specific development proposals based on their potential to demand additional fire department facilities, equipment and staffing. As the project area builds out, new "standards of cover" developed in association with the Fire Department's Strategic Plan will be applied to new development. Future development will continue to be subject to Fire Department review and new fire facilities will be considered as needed to ensure adequate provision of fire protection services in the project area. Additionally, the City of La Quinta has established Development Impact Fees (DIF) by land use type for public safety facilities. For residential uses, the DIF for Fire Protection is $206 per multi -family dwelling unit. The 1,203 proposed dwelling units in the Village Build -out Plan project area would all be condominiums or apartments. For non-residential uses, the DIF is $172 for General Commercial, $162 for Tourist Commercial, and $171 for Office Space. Village Build -Out Plan Findings of Fact 38 October 2016 Findings Police Protection. The project area La Quinta Village Build -out Plan is expected to add an additional 3,198 new residents. For the Village Build -out Plan, the number of new sworn officers for the 3,198 new residents would be 3.2 based on a ratio of 1 officer per 1,000 population. The Police Department would review future projects and the City would continue to monitor population growth and staffing levels to ensure that the Police Department can provide adequate police protection in the project area. Public Schools. New development in the project area will occur over time, and student populations are also expected to increase gradually. According to the Desert Sands Unified School District (DSUSD) Fee Justification Report (2014), 15,156 unmitigated dwelling units are anticipated to be developed, creating a need for new school facilities. The proposed 1,230 dwelling units proposed in the project area are likely to be in addition to this number, as the City is proposing to increase the density of residential use in the project area. DSUSD will continue to receive developer's impacts fees for residential, commercial and industrial development, including fees from new development in the project area. Currently (July 2016), DSUSD fees are $3.36 per square foot for new residential development and $0.56 per square foot for commercial development. Libraries. Based on the County Library System's target standard of two volumes per capita, the estimated build out population of 79,956 in the City limits will require 268,704 volumes at build out of the General Plan, including build -out of the project area. Under this scenario, additional facilities would also likely be required to house the additional volumes and serve patrons. The City assesses Developer Impact Fees (DIF) on residential development for library services and facilities. Currently, fees are assessed at $348 for multi -family units. Based on these fees, new residential development in project area (1,230 new multi -family units) would generate $428,040 for libraries. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: PS-1 The City and Riverside County Fire Department shall continue to confer and coordinate to ensure that facilities and services within the Village Build -out Plan are expanded in a timely manner. PS-2 The Riverside County Fire Department shall continue to review and evaluate new development proposals and project plans within the Village Build -out Plan to make certain that it can provide adequate fire protection. Village Build -Out Plan Findings of Fact 39 October 2016 Findings PS-3 All new development projects within the Village Build -out Plan shall be subject to Police Department review to assure that the Department can provide adequate police protection. PS-4 The City shall monitor City population and Police Department staffing levels to ensure the provision of police protection services at consistent levels. PS-5 Development projects within the Village Build -out Plan shall be assessed statutory school mitigation fees, in place at the time residential and commercial projects are proposed. PS-6 Development projects within the Village Build -out Plan shall be assessed development impact fees, in place at the time residential and commercial projects are proposed. Finding With regard to Impact 5.12.a, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. L. Utilities and Service Systems Impacts 5.15.a through 5.15.h (a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board, (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, (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, (d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed, (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, (f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs, Village Build -Out Plan Findings of Fact 40 October 2016 Findings (g) Comply with federal, state, and local statutes and regulations related to solid waste, and (h) effects of the project on energy resources Substantial Evidence Exceed Wastewater Treatment Requirements. Implementation of the Village Build -out Plan will facilitate development that will increase demand on existing wastewater collection and treatment facilities. Wastewater generated by the La Quinta Village Build -out Plan, at build out, would be approximately 175,890 gallons per capita per day (gpcd) for residential uses and 71,021 gpcd for commercial uses. The amount of wastewater from residential and commercial uses was derived from 85 percent of potable water ending up as discharged wastewater (i.e., toilets, sinks, showers, etc.) and the remaining 15 percent ending up as irrigated landscape. Although this level of wastewater generation is substantial, it will not exceed the combined treatment capacity at the CVWD treatment plants serving the City and project area. Further, CVWD continues to plan for expansion as needed. In maintaining consistency with General Plan Policy UTL-2.1, all new development will be required to connect to sanitary services by tying into existing sewer lines currently in place within the Village Build -out Plan area. To address new development within the Village Build - out Plan area and the La Quinta City and Sphere, the City and CVWD will, have the opportunity to plan for and strategize options that may include construction of new sewer collection facilities and increase treatment capacity in order to address the long-term needs of the City. As future development connects to existing sewer facilities within the Village Build -out Plan area, they will nonetheless continue to be subject to connection fees. Extension of Wastewater Infrastructure. The project area is already served by sewer lines that are adequate for existing development. The increase in density and the intensification of land uses allowed under this plan through increased building height and development of mixed use projects, will increase the amount of wastewater generated in the project area. Growth trends will need to be monitored to ensure that adequate wastewater treatment facilities are provided to serve the project. Additionally, all developments within the Build -out Plan project area will be required to pay a connection fee, which will financially assist in future expansion of wastewater infrastructure. Extension of Stormwater Infrastructure. On -site streets and storm drain facilities along Calle Tampico do not have capacity to convey 10-year storm runoff under the existing condition, and the increase in runoff due to development of the existing vacant parcels is relatively small; therefore, the Hydrology Report prepared for the project recommends that a "drainage mitigation" development fee be required to supplement funding for upgrades to the existing storm drain evacuation system. The City of La Quinta is responsible for constructing Village Build -Out Plan Findings of Fact 41 October 2016 Findings improvements to the storm drain evacuation system in the Village Build -out project area and requires that the improvements must be made prior to commencement of development of new projects in the project area that are proposed after adoption of the Build -out Plan. Of particular concern is the construction of storm drain improvements along Calle Tampico. The use of an off -site retention basin designed to capture flows generated during the 10-year storm event has been suggested as a possible design solution and involves the need for existing surface streets and storm drain facilities to provide conveyance to an off -site location when they are already beyond capacity under the existing condition. The City is committed to making the necessary drainage improvements to the storm drain evacuation system in advance of build -out of the Plan area. Additionally, all projects will be required to pay a development impact fee for drainage improvements at the time of the building permit. La Quinta Water Demand. A Water Supply Study (WSS) was prepared for the La Quinta General Plan that provided estimates of existing water demands generated within the La Quinta City and Sphere, and projected future water demands that will be generated at build out of the proposed General Plan. Development within the Village Build -out Plan project area was included in the WSS analysis as part of the City's overall development with an estimated 8,180 units projected for the entire City. Existing water demands for the La Quinta City and Sphere are estimated to be 32,496 acre-feet per year. Build -out (2035) water demands for the La Quinta City Limits are estimated to be 38,098 acre- feet per year, 314.85 acre-feet of which are estimated within the Village Build -out Plan project area. In comparison, the Build -out Plan would result in approximately 240.65 acre-feet of domestic water demand over the amount estimated for existing conditions in the Village. This represents an increase of approximately 23 percent. Urban Water Management Plan. CVWD's 2010 UWMP accounts for new growth and development that is expected to occur within the La Quinta City limits, including the Village Build -out Plan project area (Note: CVWD will implement its revised 2015 UWIVIP, which was adopted in June of 2016). The average gpcd water demand for the CVWD Service Area was approximately 482 gpcd for 2010 and is projected to be 423 gpcd for 2035. The La Quinta City and Sphere, including the Village Build -out Plan project area, with a projected demand of 361 gpcd by 2035 would fall well below CVWD's target of 485 gcpd under the 10-year baseline. Water Conservation. The City of La Quinta is committed to promoting water conservation and achieving water savings, protecting groundwater reserves, and preserving groundwater quality. In the Village Build -out Plan, water conservation can be achieved through retrofitting of existing water -intensive appliances with the installation of water efficient appliances, implementation of water efficient landscaping plans for all new development, the use of new technology, and Village Build -Out Plan Findings of Fact 42 October 2016 Findings advanced irrigation control for outdoor landscaping. As such, the level of additional water supplies needed to meet demands generated by development within the Village Build -out Plan will not substantially deplete groundwater reserves or interfere with groundwater recharge. These measures will ensure the Build -out Plan does not significantly impact groundwater resources. Landfill Capacity. Burrtec is the franchise solid waste hauler for the City of La Quinta and most other cities in the Coachella Valley. Burrtec operates solid waste transfer stations; one at Edom Hill in the City of Cathedral City, and one at the closed Coachella Landfill in Riverside County north of the 1-10 freeway and east of Dillon Road. Burrtec, also operates compost facilities at both these locations, taking care of both solid waste transfer and greenwaste recycling for the City of La Quinta. Burrtec hauls solid waste to the County of Riverside Lamb Canyon landfill. The landfill is permitted to receive a maximum of 5,000 tons per day. As of January 2015, the landfill had a total remaining capacity of approximately 19,242,950 cubic yards or 14.4 million tons, if it is assumed that one cubic yard of solid waste compacted in place in a landfill is 0.75 tons. It is projected that current landfill capacity will extend to 2029, at a minimum. Greenwaste, foodwaste and some liquid wastes, including grease trap liquids and graywater, are taken to the Coachella Valley Compost facility where they are treated as feedstock that is blended into windrows that are treated and turned until it is ready to be cured and sold as soil amendment products. There are no land uses within the Village Build -out Plan project area that are expected to generate large quantities of solid waste or create conditions where substantial hazardous wastes are produced. Nonetheless, the Village Build -out Plan will contribute to an increased generation of solid waste. The City and Burrtec will need to continue to monitor solid waste generation levels to ensure that disposal of solid waste generated is performed in a cost- effective and in a safe operative mode. This will ensure that impacts in regard to landfill capacity and solid waste are reduced to less than significant levels. Energy Resources. Based on historical use data for the City of La Quinta and its Sphere provided by IID, it was estimated General Plan land uses at build out, which would result in electrical consumption of approximately 1,645,145,600 kwh/year. The Village Build -out Plan project area is considered within the overall consumption rates established in the Program EIR. On its own and at build -out of the Village Build -out Plan, consumption of electricity in the project area would be roughly 14,291,614 kilowatt kwh/year for commercial uses and 20,661,540 kwh/year for residential uses with an overall total of 34,953,154 kwh/year or roughly 2.1 percent of the electrical demand under the General Plan. Such an increase will likely create a need for additional electrical power supply sources. IID advised that additional electrical infrastructure and/or modification thereof may be needed to service the project. To alleviate this impact the City shall create a tracking log to be used by the City and utility Village Build -Out Plan Findings of Fact 43 October 2016 Findings providers (wet and dry utilities) including IID, to address all new development projects proposed in the Village Build -out Plan project area. The tracking log would be evaluated by the City and utility providers on a project -by -project basis by inputting the type and size of the proposed use and determining whether or not the project in review, would contribute to a significant impact or cumulative impact thereby requiring the expansion of utility infrastructure including electrical infrastructure improvements (i.e., substation, transformers, etc.). Therefore, this type of protocol would reduce impacts in regard to electrical services to less than significant. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: UTL-1 All new development within the Village Build -out Plan shall be connected to sanitary sewer service. UTL-2 The City shall ensure coordination with the Coachella Valley Water District to assure that existing and future extended sanitary sewer facilities are adequate to meet the needs of existing and expected future development of the Village Build -out Plan. UTL-3 The City shall create a. tracking log for development projects in the project area that identifies the existing wet and dry infrastructure in the project area, then on a project -by -project basis, inputs the type and size of proposed uses, the potable water required, wastewater generated and electrical demand generated. The City will work with CVWD, IID SCG and others to determine when upgrades to infrastructure will be required. UTL-4 All project development within the Village Build -out Plan shall coordinate and cooperate with CVWD to ensure City-wide compliance with current State Senate Bill x7-7 to reduce per capita urban water use by 36 percent for year 2016, and 20 percent reduction by year 2020, including landscaping conversion programs and the smart irrigation control program; expanding the availability of sustainable water supplies such as tertiary treated water, and encouraging its use for landscape irrigation purposes, especially for irrigating golf courses and other large landscaped areas. UTL-5 The City shall review and amend its Development Standards, if necessary, to require that all new development within the Village Build -out Plan demonstrate a reduction of domestic water consumption equivalent to the CalGreen Tier One standards in effect at the time of development. Village Build -Out Plan Findings of Fact 44 October 2016 Findings UTL-6 The City shall continue to implement its Water Efficient Landscape ordinance by requiring that development projects within the Village Build -out Plan implement water efficient landscaping plans to meet or exceed water efficiency standards. UTL-7 In conjunction with the Coachella Valley Water District, as well as independently, the City shall develop programs to allow and encourage the retrofitting of existing water intensive appliances and irrigation systems for existing development within the Village Build -out Plan. UTL-8 The City shall continue to require that all new developments within the Village Build - out Plan use water conserving appliances and fixtures, including low -flush toilets and low -flow showerheads and faucets, as well as the application of water -conserving technologies in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. UTL-9 All new and existing commercial establishments within the Village Build -out Plan shall be required to comply with State mandates established under AB 341 to reduce the amount of packaging and potential waste associated with product manufacturing and sales. UTL-10 The City shall continue to refer project developers to Burrtec for development of construction and demolition solid waste recycling plans in order to divert a minimum of 50% of C&D debris from the waste stream. Finding With regard to Impacts 5.15.a through 5.15.h, the City hereby makes Finding 2, in accordance with Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2.4 Resolution Regarding Significant Environmental Impacts Which Cannot be Avoided if the Project is Implemented A. Air Quality Impacts 5.2.a through 5.2.c (a) Conflict with or obstruct implementation of the applicable air quality plan, (b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation, and Village Build -Out Plan Findings of Fact 45 October 2016 Findings (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) Substantial Evidence Consistency with Air Quality Management _ Plan. CEQA requires a discussion of any inconsistencies between a proposed project and applicable General Plans and Regional Plans (CEQA Guidelines Section 15125). The regional plan that applies to the proposed project includes the SCAQMD AQMP. The SCAQMD CEQA Handbook identifies two key indicators of consistency: Criterion 1- Increase in the Frequency or Severity of Violations Criterion 2 - Exceed Assumptions in the AQMP Criterion 1 - Increase in the Frequency or Severity of Violations. Based on the air quality modeling analysis completed for the project, short-term construction impacts will not result in significant impacts based on the SCAQMD regional and local thresholds of significance. However, the Air Analysis found that even with mitigation, long-term operations at build -out will result in significant and unavoidable impacts based on the SCAQMD regional and local thresholds of significance. The proposed project is projected to contribute to the exceedance of air pollutant concentration standards and is therefore found to be inconsistent with the AQMP for the first criterion. Criterion 2 - Exceed Assumptions in the AQMP. Consistency with the AQMP assumptions is determined by performing an analysis of the proposed project with the assumptions in the AQMP. The Village Build -out Plan project area is currently designated as Village Commercial (land uses within the Village Commercial designation include commercial, professional office, and residential uses), Neighborhood Commercial (Shopping Center), Major Community Facilities (Civic Center), and Parks and Recreation (La Quinta Community Park) in the General Plan. As it is consistent with the General Plan land use designations and with City Policy AQ-1.1 in assuring compliance with SCAQMD air quality standards, the Village Build -out Plan is not anticipated to exceed the emissions that are the basis for the AQMP assumptions for the Village area. However, based on the failure of Criterion 1 above, the Village Build -out Plan will result in an inconsistency with the SCAQMD AQMP. Therefore, a significant impact will potentially occur. Construction -Related Impacts. Construction activities associated with the proposed project would have the potential to generate air emissions, toxic air contaminant emissions, and odor impacts. Using CalEEMod, the peak daily air pollutant emissions during each phase were Village Build -Out Plan Findings of Fact 46 October 2016 Findings calculated and none of the analyzed pollutants are expected to exceed regional emissions thresholds established by the SCAQMD. These emissions represent the highest level of emissions for each of the construction phases in terms of air pollutant emissions with implementation of SCAMD Rules, per Mitigation Measure AQ-1. Toxic Air Contaminants (TACs) are commonly related to diesel particulate emissions associated with heavy equipment operations during construction. Given the relatively limited number of heavy-duty construction equipment, the extended build out period and the short-term construction schedule, the Village Build -out Plan would not result in a long-term (i.e., 70 years) substantial source of TAC emissions and corresponding individual cancer risk. Participation in monitoring, managing and enforcing SCAQMD'S rules in regard to TAC emissions would assure the Village Build -out Plan's consistency with City Program AQ-1.1.a. Long -terra Operational Impact. On -going operation of new and redeveloped land uses within the Village Build -out Plan area would result in a long-term increase in air quality emissions. This increase would be due to emissions from Village Build -out Plan -generated vehicle trips and through operational emissions from on -going uses within the project area. The data provided in EIR Table 5.2-6 shows that for the on -going operations activities within the Village Build -out Plan area, VOC, NCI),, and CO emissions would exceed the SCAQMD regional thresholds of significance. Therefore, mitigation is required to reduce impacts from VOC, NO,, and CO emissions. Mitigation Measures AQ-2 through AQ-9 are provided to reduce the operational emissions. Even with incorporation of the aforementioned mitigation measures, VOC, NO,,, and CO would still exceed the regional emissions thresholds. Therefore, a significant impact will potentially occur. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to the greatest extent feasible, as follows: Construction Measures AQ-1 All development projects in the project area must adhere to SCAQMD Rules (see Section 5.2, Air Quality pp. 5.2-6 through 5.2-10 for a list of the applicable rules), for the control of fugitive dust, for the maintenance of construction vehicles and equipment, and for the use of reduced VOC asphalt, architectural coatings and solvents. Operational Measures AQ-2 Project applicants shall require that ENERGY STAR -compliant appliances are installed where appliances are required on -site. Village Build -Out Plan Findings of Fact 47 October 2016 Findings AQ-3 Project applicants shall include high -efficiency lighting that is at least 10 percent more efficient than standard lighting. AQ-4 The City shall ensure compliance with SCAQMD Rule 1186 (limits fugitive dust on paved and unpaved roads and sets certification protocols and requirements for street sweepers) and 2202 (provides employers of 250 or more employees with a menu of options to reduce mobile source emissions generated by employee commutes), during long term operations in the Village. AQ-5 Project applicants shall provide sidewalks within each project boundary and along off -site roadway improvements. AQ-6 All project applicants shall ensure that new and/or remodeled buildings meet or exceed California Building Code Energy Efficiency Standards. AQ-7 All project applicants shall require that all faucets, toilets and showers installed in proposed structures utilize low -flow fixtures that would reduce indoor water demand by 20 percent per CalGreen Standards or more stringent standards if in place at the time development occurs. AQ-8 Project applicants shall implement recycling programs that reduce waste to landfills by a minimum of 75 percent or more stringent standards if in place at the time development occurs. AQ-9 To the extent feasible, project applicants 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, for application to surfaces of residential dwelling units and commercial units within project boundaries. 1. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the Build -out Plan as described in "1" above. 2. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect. Finding Regarding Impacts 5.2.a through 5.2.c, the City hereby makes Finding 3 that even though mitigation measures have been identified, no additional feasible mitigation measures or acceptable alternatives exist to fully mitigate these potentially significant impacts. Village Build -Out Plan Findings of Fact 48 October 2016 Findings B. Greenhouse Gas Emissions Impact 5.6.a (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Substantial Evidence SCAQMD Thresholds. The project's unmitigated emissions for buildout Year 2035 would be 37,922.64 MTCO2e per year with 7.4 MTCO2e/SP/year. A cumulative global climate change impact would occur if the GHG emissions created from the on -going operations would exceed the screening threshold of 3,000 metric tons per year of CO2e and the SCAQMD 2035 Target Service Population Threshold of 3.0 MTCO2e/SP/year. Because the emissions exceed SCAQMD thresholds, mitigation will be required and will be focused primarily on implementation of California Green Building Standards Code. The Village Build -out Plan's mitigated year 2035 emissions would be approximately 27,111.64 metric tons of CO2e per year; and at 5.3 MTCO2e/SP/year, would still exceed the SCAQMD 2035 Target Service Population threshold of 3.0 MTCO2e/SP/year for projects. Therefore, impacts from project -related GHGs through implementation of the Village Build -out Plan are considered to be significant and unavoidable. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented to reduce impacts to the greatest extent feasible, as follows: GHG-1 Project applicants shall provide sidewalks within the project boundary and along the off -site roadway improvements where these are lacking. GHG-2 Project applicants shall ensure that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards, or more stringent standards if in place at the time building permits are issued. GHG-3 Project applicants shall ensure that all faucets, toilets and showers installed in the proposed structures utilize low -flow fixtures that would reduce indoor water demand by 20 percent per CalGreen Standards to the satisfaction of the Building Department. GHG-4 Project applicants shall ensure that ENERGY STAR -compliant appliances are installed where appliances are required on -site. GHG-5 Project applicants shall implement recycling programs that reduce waste to landfills by a minimum of 75 percent. GHG-6 Project applicants shall install high -efficiency lighting be installed that is at least 10 percent more efficient than standard lighting. Village Build -Out Plan Findings of Fact 49 October 2016 Findings GHG-7 To the extent feasible, project applicants shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires for application to surfaces of residential dwelling units and commercial units within project boundaries. Finding Regarding Impact 5.6.a, the City hereby makes Finding 3 that even though mitigation measures have been identified, no additional feasible mitigation measures or acceptable alternatives exist to fully mitigate these potentially significant impacts. C. Traffic and Circulation Impacts 5.14.a and 5.14.b (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, and (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. Substantial Evidence The Traffic Impact Analysis prepared for the Village Build -out Plan considered future conditions without and with the project for an Interim Year (2021) and at build -out (2035). The TIA found that with the implementation of mitigation measures outlined in Section 5.14, Traffic and Circulation, all intersections within the TIA study area are projected to operate within acceptable Levels of Service during the peak hours for General Plan Buildout With Project traffic conditions. The TIA also analyzed roadway segments in the study area for both the Interim Year and the Build -out Year. For the General Plan Buildout With Project scenario, roadway segments are projected to operate within acceptable Levels of Service with the exception of the following roadway segments: • Washington Street between Avenue 48 and Eisenhower Drive (Level of Service F); • Calle Tampico between Desert Club Drive and Washington Street (Level of Service E). Although implementation of mitigation measures and Citywide Transportation Demand Management and Transportation Systems Management measures would help reduce impacts to these roadways, impacts cannot be fully mitigated. Therefore, impacts from project -related Village Build -Out Plan Findings of Fact 50 October 2016 Findings vehicle trips associated with implementation of the Village Build -out Plan are considered to be significant and unavoidable. The following mitigation measures apply for Interim Year With Project traffic conditions: CIR-1 Washington Street/Avenida La Fonda (413): Construct a raised "worm" median to allow northbound left -turns and restrict eastbound left -turns. CIR-2 Jefferson Street Avenue 52 #16 : Reconstruct the existing round -about to provide two circulating lanes and two entry lanes at the northbound and southbound approaches. The new two lane round -about should be constructed with consideration for conversion to a three lane round -about by General Plan Buildout conditions. The following Mitigation Measures apply for General Plan Buildout With Project traffic conditions: CIR-3 Eisenhower Drive Avenida Montezuma #3 : Convert Eisenhower Drive/Avenida Montezuma from an all -way stop control to a yield -controlled round -about [this improvement is assumed in the Village Build -out Circulation Plan]. CIR-4 Washington Street/Avenue 48 (#9): Construct the northbound approach to consist of three through lanes and one right -turn lane. Remove the pedestrian crosswalk at the north leg of the intersection. Based on the City's traffic study guidelines, the following circulation improvements apply in addition to the roadway improvements identified in the current General Plan Circulation Element: CIR-5 Eisenhower Drive / Calle Tampico (#2): Construct one additional westbound left - turn lane to provide dual left -turn lanes. CIR-6 Avenida Bermudas/Calle Tampico 05): Construct one additional westbound left -turn lane. The TIA identified an alternative to construct a round -about rather than adding an additional lane in the event that the improvement identified in the General Plan Circulation Element is infeasible. This will be determined by the Design and Development Director/City Engineer. CIR-7 Desert Club Drive Calle Tampico #i : Construct one exclusive northbound right - turn lane and one additional westbound left -turn lane. The TIA identified an alternative to construct a round -about rather than adding an additional lane in the event that the improvement identified in the General Plan Circulation Element is infeasible. This will be determined by the Design and Development Director/City Engineer. Village Build -Out Plan Findings of Fact 51 October 2016 Findings CIR-S Washington Street/Avenue 48 (##9): Construct one exclusive northbound right -turn lane. CIR-9 Washington Street/Avenue 52 (#14): Construct one additional eastbound left -turn lane to provide triple left -turn lanes. Provide one additional southbound left -turn lane to provide triple left -turn lanes. The following mitigation measure is related specifically to intersections that have been identified to operate at LOS E along Calle Tampico CIR-10 For road segments along Calle Tampico between Avenida Bermudas and Washington Street, the City shall conduct periodic monitoring of actual conditions in the Village (timing to be determined as development begins to occur in the project area, and will review its Parking Demand Management strategies (directly correlated with traffic volumes) to determine additional strategies that can be employed related to remote parking and shuttle service, additional pedestrian and bicycle facilities, and education programs. Finding Regarding Impacts 5.14.a and 5.14.b, the City hereby makes Finding 3 that even though mitigation measures have been identified, no additional feasible mitigation measures or acceptable alternatives exist to fully mitigate these potentially significant impacts. 2.5 Resolution Regarding Cumulative Environmental Impacts Sections 15130(a) through 15130(e) of the State CEQA Guidelines require the contents of an EIR to include a discussion of cumulative impacts. Section 15355 of the State CEQA Guidelines defines a cumulative impact as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. Substantial Evidence Impacts regarding Air Quality were determined to be potentially cumulatively significant. Both short-term construction and long-term operations would contribute to significant cumulative impacts to Air Quality. The project is out of attainment for both ozone and PM10. Construction and operation of cumulative projects will further degrade the local air quality, as well as air quality of the Salton Sea portion of the South Coast Air Basin. Air quality will be temporarily degraded during construction activities that occur separately or simultaneously. However, the Air Quality Impact Analysis prepared for the project determined that, with implementation of Mitigation Measure AQ-1, construction activities would not exceed SCAQMD thresholds of significance, and therefore would not contribute to cumulative impacts. However, the Air Quality Analysis also found that, even with application Mitigation Measures AQ-2 through AQ-9, Village Build -Out Plan Findings of Fact 52 October 2016 Findings long-term operation of the proposed project is projected to contribute to the exceedance of air pollutant concentration standards and is found to be inconsistent with the AQMP for the first criterion. Therefore, the Village Build -out Plan will result in an inconsistency with the SCAQMD AQMP, resulting in a significant and unavoidable cumulative impact. With regard to cumulative impacts associated with Greenhouse Gas Emissions, implementation of the Village Build -out Plan will result in the emission of greenhouse gases through the combustion of fossil fuels during operation of vehicles, the generation of electricity at power plants, combustion of natural gas, and the transportation of water. The Air Quality Impact Analysis prepared for the project determined that, with implementation of Mitigation Measures GHG-1 through GHG-7, project -related GHG emissions would still exceed the Tier 4 SCAQMD 2035 target service population threshold of 3.0 MTCO22/SP/year, resulting in a significant and unavoidable cumulative impact. Findings With respect to Cumulative Impacts on Air Quality and Greenhouse Gas Emissions, the City hereby makes Finding 3 that no feasible mitigation measures or acceptable alternatives exist to mitigate these potentially significant cumulative impacts. 2.6 Resolution Regarding Irreversible Environmental Changes State CEQA Guidelines Section 15126.2(c) states that the significant irreversible environmental changes that would be caused by implementation of the Village Build -out Plan are required to be identified in the EIR. Substantial Evidence Irreversible commitment of Resources The La Quinta Village Build -out Plan provides a plan for the future development and redevelopment of the City's traditional downtown Village as a pedestrian -oriented, mixed -use environment. The commitment of non-renewable natural resources is inherent in any development project, or in the case of the Village Build -out Plan, a number of development projects in the project area over time. Implementation of the Village Build -out Plan represents a long-term commitment to the consumption of energy for electricity, water supply resources, and construction resources. New development within the La Quinta General Plan Planning Area, including the Village Build - out Plan project area, will result in an increase in the demand for water of approximately 6,555 acre-feet within City Limits and 15,416 acre-feet within the Sphere of Influence by 2035. This new demand will be met by groundwater, imported Colorado River water, desalinated agricultural drain water, or a combination thereof. CVWD has determined that through Village Build -Out Plan Findings of Fact 53 October 2016 Findings utilization of a combination of water supply sources including the need to provide expanded availability of tertiary treated water, and coordination by the City in implementing CVWD UWMP regulations, sufficient water supplies will therefore be available to meet demands in 2035. In the Village Build -out Plan, water conservation can be achieved through retrofitting of existing water -intensive appliances with the installation of water efficient appliances, implementation of water efficient landscaping plans for all new development, the use of new technology, and advanced irrigation control for outdoor landscaping. Mitigation Measures HWQ-4 through HWQ-10 in Section 5.8, Hydrology and Water Quality, will ensure that impacts in regard to water supply are reduced to less than significant levels. These measures are also repeated as UTL-4 through UTL-10 found in Section 5.15, Utilities and Service Systems. IID's Energy Department provides electric power to more than 150,000 customers in its service area, including the Village Build -out Plan project area. III) responded to the Notice of Preparation of the Draft EIR. The issues of concern for IID were not related to the amount of energy that would be required for the project, but rather, the potential effects future projects may have on its existing facilities and easements. IID is confident that because of their unique location in the Imperial and Coachella valleys, and continued efforts to bring more renewable energy on-line, there is adequate energy available in its service area. Construction materials consist of sand and gravel and related Portland cement concrete and asphalt concrete; as well as lumber and related wood products. The project area is in close proximity to a number of aggregate mining operations and aggregate product manufacturing for the construction industry. Approximately 10 percent, or 911 acres of the 9,094 acres of land designated by the State Mining and Geology Board in 1989 has been lost to land uses incompatible with mining. However, an additional 6,638 acres of land containing an estimated 472 million tons of PCC-grade aggregate resources have been identified in the Palm Springs P-C Region. Additionally, the Integrated Waste Management Act of 1989 (AB 939) requires that a municipality be responsible for diverting at least 50 percent of solid waste from landfills. The most common construction materials to be recycled and reused are PCC and asphalt concrete (AC). Other materials include lumber and wallboard that can be ground up and used as feedstock for composting into soil amendment products or groundcover. Recycling of used construction materials would likely extend the consumption estimate for aggregate. Regarding lumber, sustainable forest management practices have evolved to meet the demand for forest products while balancing the values people attach to forests and the need for a stable supply of wood -based building products. Village Build -Out Plan Findings of Fact 54 October 2016 Findings Findings With regard to the Irreversible Commitment of Resources, the City Council finds that implementation of the Village Build -out Plan would result in the continued commitment to the consumption of such resources. 2.7 Resolution Regarding Growth Inducing Impacts State CEQA Guidelines Section 15126.2(d) requires that an EIR discuss the ways in which a proposed project could foster economic or population growth, or the construction of additional housing either directly or indirectly, in the surrounding environment. The Village Build -out Plan project area is a unique area in the City of La Quinta and development within the project area will occur within the 137-acre project area. The Plan is consistent with existing land use designations and it is the City's intent to build -out the project area with a mix of urban uses both residential and non-residential to create an accessible area conducive to walking and biking that reduces dependence on the automobile. From this perspective, the project would be growth inducing as the City is encouraging new development in the Village Build -out Plan area, an area already served by roads and utilities. The project area is developed and is surrounded by residential land uses so infrastructure, including roads and wet/dry utilities are already in place. Therefore, the project would not extend any roads or utilities into a new area not already served that would be considered growth inducing. Findings The City Council finds that the growth inducing characteristics associated with the Village Build - out Plan will be limited to an increase in population density, because the extension of roadway and utility infrastructure will not be required. 2.8 Resolution Regarding Alternatives CEQA Guidelines Section 15126.6 states that an EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects on the environment. Alternatives Considered and Rejected After consideration of all alternatives, two were rejected from further analysis for the proposed Village Build -out Plan: 1. No Project — No Development Alternative 2. Increased Density Alternative Village Build -Out Plan Findings of Fact 55 October 2016 Findings Substantial Evidence for No Project —No Development Alternative CEQA Guidelines Section 15126.6(e) specifically addresses the requirement to discuss a No Project - No Development alternative with the option to evaluate one of two scenarios: 1) when a project is a revision to an existing land use or regulatory plan, policy or ongoing operation the no project/no development alternative would be the continuation of the existing plan, policy or operation into the future; or 2) if the project is other than a land use or regulatory plan, such as a development project, the No Project - No Development alternative is the circumstance under which the project does not proceed. In certain circumstances, the No Project - No Development alternative is a no -build scenario where the existing environmental setting is maintained. The No Project - No Development Alternative was rejected because the Village is an existing Commercial District that is currently developed with a number of residential, commercial, professional office, and public facilities uses, but still has a number of vacant and underutilized properties that could be developed. Therefore, an analysis of where the existing environmental setting is maintained, is not a logical alternative to the proposed Village Build -out Plan. Substantial Evidence for Increased Density Alternative In studying the optimum build -out scenario for the Village Build -out Plan area,. the City of La Quinta considered varying densities of residential and non-residential uses. One such alternative was to develop the project area with an additional 799,786 square feet of non- residential uses and up to 40 dwelling units to the acre where the proposed Build -out Plan calls for a maximum of 25 to 30 dwelling units to the acre. This alternative was considered and rejected because it would require an increase in the height of buildings greater than the 60 feet proposed in the Build -out Plan to reach the density of 40 dwelling units to the acre, which would be incompatible with the character of the Village. Findings for Rejecting Alternatives Regarding Alternatives that were considered and rejected, the City hereby makes the finding that the rejected No Project - No Development Alternative was not considered for further evaluation in the EIR because the Village is an existing Commercial District that still has a number of vacant and underutilized properties that could still be developed. Regarding the rejected Increased Density Alternative, the City hereby makes the finding that increasing density would require an increase in building heights, which would be incompatible with the character of the Village. Village Build -Out Plan Findings of Fact 56 October 2016 Findings Alternatives Considered for Analysis in the EIR After consideration of all alternatives, two were selected for further analysis for the proposed La Quinta Village Build -out Plan: 1. Alternative 1 — Buildout under the Existing Zoning Ordinance and La Quinta Village Design Guidelines 2. Alternative 2 — Reduced Village Build -out Plan Project Area Substantial Evidence for Alternative 1 - Buildout under the Existing Zoning Ordinance and La Quinta Village Design Guidelines Under this alternative, development in the Village Build -out Plan project area is the No -Project Alternative where the proposed Zoning Code amendments would not be adopted to allow for increased height and residential density that would create a more compact pedestrian friendly neighborhood, with residential, commercial and professional office space. In addition, under this alternative, projects would continue to be subject to the Village Design Guidelines which include a maximum building height of 45 feet. Under this alternative, 16 dwelling units per acre was assumed (Residential High Designation), 590,935 square feet of the Village Build -out Plan's non-residential uses, and a maximum of two - stories on new buildings (not including underground parking). These assumptions are based on the more traditional commercial district where each project is responsible for meeting its particular parking requirements on -site, and the Village Design Guidelines. The number of dwelling units was determined by using the Residential High Density (RH) designation (12-16 du/ac) per Zoning Code Chapter 9.50.020. A reduction of 445 new dwelling units and 208,851 square feet of non-residential uses would result in fewer vehicle trips, with a resulting reduction in air emissions. Impacts associated with vehicle trips can be reduced to less than significant levels through the development of traffic calming techniques such as round-abouts at key intersections and adding bicycle/golf cart lanes to provide options for residents and visitors to get out of their cars. Alternative 1 would result in a significant reduction in air emissions and greenhouse gas emissions, however, build -out under this alternative would still result in emissions of VOCs in exceedance of the SCAQMD threshold during long term operation (Air), and emissions of CO2 (GHG). The City's goal is to continue to develop the Village as a livable and sustainable neighborhood - reminiscent of older cities - where land uses are more interconnected, compact, and offer a mix of uses, providing opportunities for people to live, work, and shop within the neighborhood. This alternative would meet this goal, but not to the extent that the Village Build - out Plan would, as this alternative would only accommodate 2/3 of the population envisioned in the Plan and 3/4of the new non-residential uses. Village Build -Out Plan Findings of Fact 57 October 2016 Findings Findings for Alternative 1 - Buildout under the Existing Zoning Ordinance and La Quinta Village Design Guidelines The City hereby makes the finding that Alternative 1 is not considered to be a superior alternative to the proposed project because: 1. Build -out under this alternative would still result in emissions of VOCs in exceedance of the SCAQMD threshold during long term operation (Air Quality), and emissions of CO2 (GHG). 2. This alternative does not meet the objective of the La Quinta Village Build -out Plan to the same extent that the project does. This main objective of the Build -out Plan is: • developing a livable and sustainable neighborhood where land uses are more interconnected, compact, and offer a mix of uses, providing a community for people to live, work, and shop within the neighborhood Substantial Evidence for Alternative 2 — Reduced Village Build -out Plan Project Area Under this alternative, development in the Village Build -out Plan project area would only occur on vacant properties. Properties that the City has identified as having the potential to be redeveloped under the Village Build -out Plan would remain developed with existing uses. Under this alternative, the intensity and density of new uses on vacant properties would be similar to those allowed under the Village Build -out Plan. • Building Height — 60 feet • Dwelling units at up to 30 units to the acre • No Village Design Guidelines — architectural style considered on a project -by -project basis The Environmental Analysis of the proposed Village Build -out Plan concluded that there would be a significant and unavoidable impact on Air Quality associated with the generation of emissions of the following criteria pollutants — VOC, NOX and CO, and Global Climate Change associated with emissions of Greenhouse Gasses. Under Alternative 2, a 65 percent reduction in dwelling units and non-residential uses would result in a project that would not result in significant air quality impacts, but greenhouse gas emissions would still exceed the 3,000 MTCO2e GHG thresholds. Additionally, this alternative would not meet the City's goal of developing a livable and sustainable neighborhood that requires a population density substantially higher than what would be generated by this alternative. The environmentally superior alternative is Alternative 2, Reduced Village Build -out Plan Project Area, where only vacant properties would be developed, representing a 65 percent reduction in the number of dwelling units and square footage of non-residential uses. Alternative 2 would meet the City's goal to continue to develop the Village as a livable and sustainable Village Build -Out Plan Findings of Fact 58 October 2016 Findings neighborhood - reminiscent of older cities - where land uses are more interconnected, compact, and offer a mix of uses, providing opportunities for people to live, work, and shop within the neighborhood; However, not to the extent that the Village Build -out Plan would because of the economy of scale required to upgrade the public facilities and infrastructure in the Village Build -out Plan area, including the proposed traffic calming elements such as replacing traditional four way stops with round-abouts, adding additional pedestrian amenities such as wider sidewalks and enhanced crosswalks (i.e. pedestrian activated crosswalk lights), upgrading the drainage system and upgrading the water and sewer lines to accommodate new growth. Findings for Alternative 2 - Reduced Village Build -out Plan Project Area The City hereby makes the finding that Alternative 2 is not considered to be a superior alternative to the proposed project because: 1. Build -out under this alternative would still result in emissions CO2 above the SCAQMD threshold (GHG). 2. This alternative does not meet the objective of the La Quinta Village Build -out Plan to the same extent that the project does. This main objective of the Build -out Plan is: developing a livable and sustainable neighborhood where land uses are more interconnected, compact, and offer a mix of uses, providing a community for people to live, work, and shop within the neighborhood 2.9 Resolution Adopting a Statement of Overriding Considerations The EIR has identified and discussed significant environmental effects, which will occur as a result of the proposed La Quinta Village Build -out Plan. With implementation of the mitigation measures in the EIR, these effects can be mitigated to levels considered less than significant except for significant, unavoidable project -specific and/or cumulative impacts in the areas of air quality, greenhouse gases, and traffic and circulation as described above in Section 2.4. Public Resources Code Section 21081 provides that no public agency shall approve or carry out a project for which an EIR has been certified which identifies one of more significant effects on the environment that would occur if the project were carried out unless the agency makes specific findings with respect to those significant environmental effects. Where a public agency finds that economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, makes infeasible the mitigation measures or alternatives identified in the EIR, and thereby leave significant unavoidable effects the public agency must also find that "specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." Village Build -Out Plan Findings of Fact 59 October 2016 Findings In making this determination, the Lead Agency is guided by CEQA Guidelines Section 15093, which provides as follows: a. CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c. If an agency makes a statement of overriding consideration, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition, finding required pursuant to CEQA Section 15091. Having considered the unavoidable adverse impacts of the La Quinta Village Build -out Plan, the City Council hereby determines that all feasible mitigation measures have been adopted to reduce or avoid the potentially significant impacts identified in the EIR, and that no additional feasible mitigation is available to further reduce significant impacts. Further, the City Council finds that economic, social and other considerations of the La Quinta Village Build -out Plan outweigh the unavoidable adverse impacts described previously. In making this finding, the City Council has balanced the benefits of the proposed project against its unavoidable environmental impacts and has indicated its willingness to accept those risks. The following statements are in support of the City's action based on the EIR and/or other information in the record. The benefits from approving the La Quinta Village Build -out Plan include those related to the continued development of the area, at a greater intensity than previously considered, as a vital economic component to the City's fiscal well-being. The proposed project is appropriate because: • The Village Build -out Plan would create a vibrant mixed use development with residential, retail, office and business park uses in the City that implements the vision, goals and policies of the General Plan Update for this area. • Development of the La Quinta Village Build -out Plan would create employment generating opportunities for the citizens of La Quinta. Based on projections, the project, at build -out, has the potential to add new jobs to the local economy. Village Build -Out Plan Findings of Fact 60 October 2016 Findings • The type of development envisioned in the Village Build -out Plan would exhibit urban architecture and landscaping features utilizing state-of-the-art technologies that will help the Village's image as an employment center as well as a shopping and entertainment center. a Development of the La Quinta Village Build -out plan would include a variety of traffic improvements and parking management strategies that will encourage alternative transportation methods such as pedestrian, bicycle, NEV, and shuttle services. Over time, the increase of alternative transportation has the potential to decrease air quality and greenhouse gas emissions. Additionally, once developed, the Village Build -out Plan area can be used as an example for increasing alternative transportation methods throughout the City. • The Village Build -out Plan provides clarity for future developers and land use regulators. The clearly defined standards and land use planning for catalyst projects will minimize future environmental review, time, and cost in the permit process. • The Village Build -out Plan offers an opportunity to meet the community's growth needs; provides a balance of land uses that accommodates growth within available resources and service capacity, provides a range of commercial and residential uses to promote orderly economic development, improves the balance between jobs and housing, enhances the character or the area, provides recreational areas with amenities, balances the needs of the future residents with the needs of existing residents, and provides fiscal balance and public infrastructure. • Implementation of the Village Build -out Plan will further enhance the quality of life necessary to attract new residents, businesses and visitors to the City, and will generally promote increased investment and development, jobs associated with new and/or expanded construction, and the provision of public services and facilities for a larger population base, and further economic development within the City. The City Council further finds that except for the project, all other alternatives set forth in the EIR are infeasible because they would limit the realization of project objectives and of specific economic, social and other benefits to the same extent as the project, that this City Council finds outweigh any environmental benefits of the alternatives. In light of the foregoing, and in recognition of additional information contained within the EIR, the City of La Quinta City Council concludes that implementation of the La Quinta Village Build - out Plan will result in the development of a beneficial mix -use project as outlined above. The City Council further concludes that these benefits outweigh the significant, unavoidable environmental impacts associated with development of the Build -out Plan and, accordingly, adopts this State of Overriding Considerations. Village Build -Out Plan Findings of Fact 61 October 2016