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CC Resolution 2003-100RESOLUTION NO. 2003-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-481 PREPARED FOR SPECIFIC PLAN 2003-066 CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-481 APPLICANT: THOMAS ENTERPRISES WHEREAS, the City Council of the City of La Quinta, California, did, on the 7t' day of October, 2003, hold a duly noticed Public Hearing to consider this request by THOMAS ENTERPRISES for Environmental Assessment 2003-481 for Specific Plan 2003-066 which allows construction of a 175,200 square foot shopping center at the northeast corner of Highway 111 and Adams Street, more particularly described as: APN's: 649-020-043, -063, -064, and -065, WHEREAS, said Environmental Assessment 2003-481 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has pre ared an Initial Study (EA 2003-481) and has determined that although the propose project could have a significant adverse impact on the environment, there will not e a significant effect in this case because appropriate mitigation measures were made a part of this Assessment and therefore, a Mitigated Negative Declaration of Environmental Impact should be certified; and, WHEREAS, the Planning Commission on the 9" day of September, 2003, did consider this request, and recommended to the City Council, certification of the Mitigated Negative Declaration by adoption of Planning Commission Resolution 2003-066; and, WHEREAS, on July 31, 2003, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published the Public Hearing notice in the Desert Sun newspaper on September 16, 2003, for the City Council meeting as prescribed by the Municipal Code. Public Hearing notices were also mailed to all property owners within 500 feet of the site; and Resolution No. 2003-100 Environmental Assessment2003-481 - Thomas Enterprises Adopted: October 7, 2003 Page 2 WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either directly, or indirectly, in that no significant unmitigated impacts were identified by Environmental Assessment 2003- 481. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of rare, or endangered plants, or animals, or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that mitigation measures are imposed on the project that will reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned, or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. Resolution No. 2003-100 Environmental Assessment2003-481 - Thomas Enterprises Adopted: October 7, 2003 Page 3 8. The City Council has. considered Environmental Assessment 2003-481 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2003-481 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Plan on file in the Community Development Department and attached hereto (Exhibit "A"). 3. That Environmental Assessment 2003-481 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7' day of October, 2003, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. 2003-100 Environmental Assessment2003-481 - Thomas Enterprises Adopted: October 7, 2003 Page 4 ON ADO PH, M6yor City of La Quinta, California ATTEST: JU S. GREEK, CMC, Cit Jerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KAT ERINE JENSg4, Cit Attorney City of La Quinta, California RESOLUTION 2003-100 EXHIBIT "A" ADOPTED: OCTOBER 7, 2003 Environmental Checklist Form Environmental Assessment 2003-481 1. Project title: Specific Plan 03-066 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: Northeast comer of Adams Street and Highway 111 APN: 649-020-043, 649-020-063, -064, -065 5. Project sponsor's name and address: Thomas Enterprises 73-333 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 6. General plan designation: Regional Commercial 7. Zoning: Regional Commercial 8. Description of project: (Describe the whole action involved, including ;but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Specific Plan to establish the design standards and guidelines for a commercial center to include up to 175,200 square feet of retail and restaurant space, located within one central building and 4 smaller building pads. The smaller building pads are to be adjacent to Highway 111, and range from 3,500 to 9,000 square feet. The primary structure, to be located along the northern boundary of the site, totals 154,800 square feet, and is envisioned to contain both anchor stores and in -line shops. 9. Surrounding land uses and setting: Briefly describe the projects surroundings: North: Vacant, World Gym and Future post office, Coachella Valley Channel South: Highway 111, Auto Center West: Regional Commercial, including gas station and Wal-Mart East: Vacant, Regional Commercial 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District CalTrans SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc 4- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,- involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by. the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, X there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A NIITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL R PACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature September 2, 2003 Date P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -2- 012 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -3- agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a) & b) The project site is located within the Highway I I I Image Corridor. The project's landscaping along Highway I I I will be required to include the specific design standards included in the "Highway 111 Design Theme," including its plant palette and design standards, particularly for setbacks.. The current plant palette provided in the Specific Plan does not include these standards. This design reduction will not provide the high level of aesthetics mandated in the General Plan for this primary corridor through the City, and will result in a "choppy" or inconsistent approach to landscaping within the Highway I I I corridor. In order to assure that the project provides the level of aesthetic amenities expected in the General Plan for the Highway I I I corridor, the following mitigation measures shall be implemented: 1. The plant palette (Table 2) in the Specific Plan shall be amended to include only those plant materials prescribed in the "Highway I I I Design Theme." The project proponent may, at his/her discretion, provide a second plant palette for plant materials outside the landscaped setback on Highway 111. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -4- 2. The landscaping along the entire frontage of Highway 111 shall be installed with the first phase of project development. I. c) The proposed project includes a very large main building or buildings (attached) totaling over 154,000 square feet, and potentially as' long as 720 feet. The Specific Plan depicts the north elevations for this building with no articulation or architectural detail, and with a number of loading docks .(see Figure V), which will have a potentially significant aesthetic impact on both commercial buildings and residential land uses to the north. Of particular concern is both the lack of aesthetic applied to this side of the project, and the need to assure that in the long term, this side of the project will not become visually blighted. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. The Specific Plan shall be amended as follows: a. Architectural elevations shown in Figures 16 to 21 shall be amended to reflect improvements to the north side elevations consistent with the architectural style of the facades of the building(s). b. The text of the Specific Plan, under Section "Architectural Guidelines" shall be amended to include a discussion of the importance of architectural details on all building elevations, and particularly on the "back of house" elevations on the north side of the site. C. The Specific Plan shall be amended to include, under Section "Architectural Guidelines," a requirement for screened and/or sunken loading docks, to assure that the visual impacts of these facilities is minimized. The implementation of these mitigation measures will assure that aesthetic impacts are reduced to a less than significant level. I. d) The project will generate light from parking lot and security lighting. The project will be required, however, through the Site Development Permit process, to demonstrate that the lighting on the site will remain contained to the site, in conformance with the City's lighting ordinance. In addition, this ordinance requires that all lighting be directed downwards, and be shielded, to assure that the security lighting on the north side of the site does not impact the adjacent land uses. The implementation of these standards will assure that the impacts associated with light and glare will be less than significant. SACity Clerk\ResolutionsVes 03-100 ea 03-481 exh A part Woc -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 f) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (No ag. land in proximity to project site) II. a)-c) The project site is vacant desert land and is not in agriculture. Lands surrounding the project site are planned, and partially developed in regional commercial land uses. There are no Williamson Act contracts on the properties, nor on properties in the immediate vicinity. No impacts to agriculture will result with development of the proposed project. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X 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)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The City's primary source of pollution is the automobile. The proposed project includes the development of up to 175,200 square feet of commercial retail space which will generate approximately 12,895 daily trips at the site'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. Based on Table IV-1, of "La Quinta Corporate Centre Traffic Impact Study," prepared by Endo Engineering, May 1999, and assuming 158.4 thousand s.f. commercial retail and 9.0 thousand s.f restaurant, categories 820 and 832. SACity Clerk%ResolutionsVes 03-100 ea 03-481 exh A part Woc -7- Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 12,895 x 15 = 193,425 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 171,408.25 452,614.50 921,844.00 - 1,934.25 1,934 25 Pounds at 50 mph 38.43 999.15 204.95 - 4.27 4.27 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 12,895 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will exceed SCAQMD's recommended daily thresholds for both carbon dioxide and nitrogen oxides. The potential impacts of the proposed project were analysed in the General Plan EIR, as the land use proposed is consistent with the Regional Commercial land use designation. The City found at that time that although the potential impacts associated with air quality in the City could be considerable, the potential benefits of buildout of the General Plan outweighed these potential impacts, and a Statement of Overriding Considerations was prepared and adopted in conjunction with the certification of the General Plan EIR. The General Plan EIR included a number of mitigation measures to assist the City and project developers in reducing potential impacts associated with air quality. In order to lower the potential impacts associated with air quality emissions, mitigation measures have been provided below. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations.These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities : Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -8- The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 461.5 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseeded on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on both Adams Street and Highway 111 shall be installed immediately following mass grading of the site. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM 10 Management Plan. 12. Any business on the proposed project site which employs 100 or more persons shall be required to implement the standards and conditions of the City's Transportation Demand Management Ordinance. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -9- 13. The project proponent shall coordinate the location of a bus stop adjacent to the project site with Sunline Transit, and shall construct the bus stop and amenities (shelter, trash cans, benches, etc.) to Sunline and City standards. 14. All applicable mitigation measures contained in the General Plan EIR shall be applied to the proposed project during both construction and operation. SACity ClerMesolutionsVes 03-100 ea 03-481 exh A part Woc -10- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, X 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? (Master Environmental Assessment, p. 73 ff.) b) Have a substantial adverse effect on X 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? (Master Environmental Assessment, p. 73 ff.) c) Have a substantial adverse effect on X 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? (Master Environmental Assessment, p. 73 f) d) Interfere substantially with the X 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? (Master Environmental Assessment, p. 73 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Master Environmental Assessment, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state SACity Clerk\ResolutionsVes 03-100 ea 03-481 exh A part Woc -11- habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The proposed project site is currently vacant desert land. Biological resource analyses have been conducted in the past for portions of the project site'. There are no species of concern identified for this property in the City's General Plan. The project site is within the mitigation fee area for the Coachella Valley Fringe -toed Lizard. The site has been impacted by off -site construction and dumping in the past, and is isolated due to surrounding development. The site is likely habitat for common desert flora and fauna, which will be lost at the time the site develops. However, the City's requirements for desert tolerant landscaping will result in the planting of materials which will be habitat for these species upon project buildout. The impacts associated with biological resources are expected to be less than significant. James Cornett, "Giant Sand Treader Cricket Survey and Habitat Analysis," July 15, 1999 SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'l5064.5? ("Interim Cultural Resources Report, Hotel I I I Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to.'15064.5? ("Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? "Interim Cultural Resources Report, Hotel I I I Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) V. a), b) & d) Cultural resource surveys have previously been completed for the proposed project site'. The surveys and site investigations identified significant resources on portions of the project site. Site CA-RIV-6190 was found not to constitute a significant resource, and no further action is required on this site. A portion of Site CA-RIV-2936, however, was found to be significant. Two potential mitigation measures were offered for the historic site: to either fully excavate the site, or to cover the site and protect it from further disturbance. The City determined that, in conformance with CEQA, Section 15126.4(b)(3), preservation in place is the preferred mitigation measure (also see Staff Report and Minutes, Historic Preservation Commission, August 19, 1999). However, the Historic Preservation Commission determined that excavation of the site should occur as recommended by the archaeological testing and evaluation report prepared by CRM TECH. An interim Phase III data recovery report was completed in December, 1999, and accepted by the HPC in January, 2000, subject to submission of a final report. The site is also to be monitored during earth moving activities to ensure that any additional resources 3 "Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -13- potentially uncovered are appropriately studied. The following mitigation measures shall therefore be implemented: 1. The final report for the Phase III data Recovery for the Historic Site on CA-RIV- 2936, including artifact laboratory analysis shall be submitted to and be approved by the Historic Preservation Commission (HPC) prior to issuance of first building permit for project (Required by HPC on January 6, 2000). 2. An archaeological monitor shall be present during grubbing, grading, trenching or other earth moving activity on or off the project site. The archaeologist shall be empowered to stop or redirect earth moving activities. The archaeologist shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. V. c) The site is outside the historic lakebed for ancient Lake Cahuilla, and is therefore not expected to contain resources. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -14- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X 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? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i), iii), iv), b)-e) The project site is not located in an Alquist-Priolo Earthquake Fault Zone, nor is it subject to landslides or liquefaction. The soil in the area is not expansive, and would support septic tanks. The proposed project will have no impact on these geologic hazards. VI. a) ii) The City and project site will be subject to significant ground shaking in the event of significant seismic activity. The City Building Department has implemented California SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -15- Building Codes which is intended to lower the potential impacts associated with groundshaking to less than significant levels. In addition, no critical facilities will be built at the site. The structures will be required to implement the most recent building codes in place at the time of construction. Site specific studies prepared for the subject property, and reviewed for the proposed project, include construction standards which will be implemented by the City Engineer during review of the project grading and building plans 4 Impacts associated with groundshaking are expected to be less than significant. 4 Letter report, Sladden Engineering, dated August 19, 2003. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part l.doc -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a, significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X 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? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X 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? (General Plan land use map) f) For. a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ft) SACity Clerk\ResolutionsVes 03-100 ea 03-481 exh A part Woc -17- h) Expose people or structures to a X 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? (General Plan land use map) VII. a)-h) The proposed project will, result in the construction of commercial and retail space. Should any of these businesses store or transport hazardous substances, they will be heavily regulated by regional and state agencies. These agencies will impose conditions of approval and monitor the businesses to assure that the applicable standards are implemented. Impacts associated with hazardous materials are therefore expected to be less than significant. The site is not located within the vicinity of an airport or airstrip, nor is it subject to wildland fires. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Ldoc -18- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X 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? (Project Grading, Site Hydrology) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Project Grading, Site Hydrology) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Project Grading, Site Hydrology) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood SACity Clerk\ResolutionsWes 03-100 ea 03-481 exh A part I.doc -19- Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) The construction of commercial space will not significantly impact water supply, nor will it violate water or wastewater requirements. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, which will ensure that the least amount of water is utilized within the buildings. The Coachella Valley Water District will impose conditions of approval for the treatment of wastewater from the facilities constructed on the project site. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The proposed project will be responsible for the drainage of on and off site flows, and has been designed to include retention areas within the project. The City Engineer requires that these retention areas retain the 100 year storm on site, which is expected to lower potential impacts to a less than significant level. VIII. e)-g) The construction of the proposed project will not have an impact on the City's storm drainage system. The site is not located within a FEMA designated 100 year storm area. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Ldoc -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed project is surrounded by vacant or commercially developed land, and will continue this pattern of development. The land is designated in the General Plan for Regional Commercial, and will not include the development of residential property. The site is within the fee payment area of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay the fee in effect at the time of building permit issuance. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -21- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -22- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE B Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (WA p. i i i ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) fl For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) SACity ClerMesolutionsVes 03-100 ea 03-481 exh A part I.doc -23- XI. a)-f) The proposed project will result in the development of commercial and retail land uses, which are not considered sensitive receptors. Although persons visiting the center will be subject to higher noise levels, due to the project's location adjacent to Highway 111, this exposure will be temporary and periodic, and will not result in any significant impacts. The proposed project will generate elevated noise levels during construction, but there are no sensitive receptors located adjacent to the project site (residential and school uses), and therefore, there is expected to be no impact to adjacent land uses as a result of project construction or operation. Commercial and retail land uses are not expected to generate ground borne vibrations. The project is not located in the vicinity of either an airport of airstrip. SACity ClerMesolutionsWes 03-100 ea 03-481 exh A part I.doc -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project will result in the constriction of commercial land uses which will generate a need for employees. However, the project is well within the development potential assessed in the General Plan EIR, and is likely to have jobs filled by new City residents and residents new to adjacent communities. No impacts are expected to population and housing. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) x Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will offset the costs of added police and fire services. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. There will be no impact to City parks due to the construction of commercial facilities. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The construction of retail commercial development will not impact the City's recreational resources. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency X access? (Project description) f) Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) Several traffic impact analyses have been conducted for portions of the project sites. These analyses included a number of mitigation measures, which will be applied to the 5 "Traffic Impacts Associated with the Adams Street Hotel and Restaurants" and "Adams Street Hotel Access Traffic Signal Warrant Analysis," Endo Engineering, November 30, 1998 and January 8, 1999, respectively. Also "La Quinta Corporate Centre Traffic Impact Study," Endo Engineering, May 10, 1999. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -28- proposed project as applicable. In addition, the project site and the construction of regional commercial development were included in the City's General Plan EIR. The EIR found that traffic in this area of Highway 111 will operate at acceptable levels of service at General Plan buildout. The driveway proposed on Adams Street, midway between Corporate Drive and Highway 111, may pose a traffic hazard if full turn movements are permitted, primarily due to the short distance between it and the Highway I I I intersection, and the high number of trips from the adjacent commercial development to the west. The City Engineer, however, will condition the permitted turning movements from each driveway, including this one, as part of his review of the proposed project. With imposition of these conditions of approval, impacts to safety hazards are expected to be less than significant. The mitigation measures previously applied to the project site shall apply, as follows: 1. All internal drives and streets shall be reviewed and approved by the City Engineer during the Design Review process to ensure compliance with City standards. 2. Off-street parking shall be provided in conformance with the requirements of the La Quinta Municipal Code. 3. All internal street shall be fully constructed to their ultimate cross -sections as . adjacent on -site development occurs. 4. Sidewalks and streetlights shall be installed on -site in conformance with the Municipal Code. 5. All internal street intersections shall provide clear, unobstructed sight distance. 6. All site driveways exiting the project site shall include a STOP sign and clear unobstructed sight distances. 7. The lane geometrics shown in Figures VI-2 and VI-3 of the traffic impact analysis shall be installed adjacent to the project site. Phasing of the intersection improvements shall be in conformance with the conditions of approval provided by the City Engineer. 8. The project proponent shall participate in the City's traffic mitigation fee program. 9. Turning movements permitted on Adams Street and the project driveway, midway between Corporate Way and Highway 111 shall be approved by the City Engineer prior to issuance of grading permits for the site. Should the City Engineer require additional study of the potential turning movement hazards at this location, the project proponent shall provide this analysis for review and approval. With the implementation of these mitigation measures, impacts to the City's circulation system should be less than significant. S:\City Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -29- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X 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? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) SACity Clerk\ResolutionsVes 03-100 ea 03-481 exh A part Woc -30- XVI. a)-g) Utilities are available at the project site. The land use intensity was included in the analysis of the General Plan, and levels of service were found to be acceptable. No impacts to utilities are expected as a result of the proposed project. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -31- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site is disturbed vacant desert, and is not habitat for sensitive species in the area. The proposed project will not, therefore, degrade existing habitat for fish and wildlife. The site has been identified as having potentially significant cultural resources. However, mitigation measures included above will assure that these potential resources are protected, and that potential impacts are reduced to less than significant levels. XVII.b) The proposed project supports the long term goals of the General Plan by adding to the economic base of the City. XVII. c) The project will not have considerable cumulative impacts, and will not exceed those impacts identified in the General Plan EIR for this area of the City, or the City as a whole. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part I.doc -32- XvU. d) The proposed project has the potential to adversely affect human beings, due to air quality impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate a high level of criteria pollutants, which can cause negative health effects, Section IIn, above, includes a number of mitigation measures to reduce the potential impacts on air quality. The impacts are not expected to be any more than those identified in the General Plan EIR, which included analysis of regional commercial development at the project site. SACity Clerk\Resolutions\res 03-100 ea 03-481 exh A part Woc -33- XVIII. EARLIER ANALYSIS. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessments 98-373 and 99-383 were utilized in preparation of this Environmental Assessment. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. 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