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CC Resolution 2010-036RESOLUTION NO. 2010 - 036 A RESOLUTION IN THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING ENVIRONMENTAL IMPACT REPORT 2008-600 (STATE CLEARINGHOUSE #2008101109) PREPARED FOR SPECIFIC PLAN 2008-085, ADOPTING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN CASE. NO.: ENVIRONMENTAL ASSESSMENT 2008-600 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did on the 18`h day of May, 2010 hold a duly noticed public hearing to consider the request for approval of a Specific Plan to allow construction of a 22± acre multi -phased mixed use project to be generally known as the Dune Palms Road & Highway 111 Specific Plan (hereinafter "Specific Plan" or "Project"). The Specific Plan establishes development standards and guidelines to allow the construction of up to 200 apartment units for households of very low-, low- and/or moderate -incomes and up to three automobile dealerships, as well as flood control facilities, a public roadway and ancillary facilities. The Project site is located south of Highway 111 and east of Dune Palms Road, more particularly described as: APN'S 600-020-004, 600-020-005, and 600-020-011; and WHEREAS, it was determined pursuant to CEQA and the CEQA Guidelines 04 Cal. Code of Regs. Sections 15000 et seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on December 10, 2008, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ("DEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the anticipated environmental impacts resulting therefrom, and on March 4, 2010, circulated the DEIR for public and agency comments; and Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 2 WHEREAS, a DEIR has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code §21000, et seq.); and WHEREAS, the public comment period for the DEIR closed on April 19, 2010; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 271n day of April, 2010 hold a duly noticed public hearing to consider the request of the Applicants for approval of the Specific Plan and the Planning Commission recommended approval thereof after fully considering the DEIR; and WHEREAS, the City has reviewed the comments received on the DEIR, has prepared full and complete responses thereto, and on May 6, 2010, distributed the responses in accordance with Public Resources Code Section 21092.5; and WHEREAS, the City Council has reviewed and considered the information pertaining to the DEIR, including the comments on the DEIR and the responses to those comments at a duly noticed hearing held on May 18, 2010; and WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, that the City shall not approve a project unless there is no feasible way to lessen or avoid significant adverse environmental impacts, which means that all adverse environmental impacts have been avoided to the extent feasible or substantially lessened, and any remaining unavoidable significant adverse environmental impacts are acceptable based upon the City's findings and determinations consistent with CEQA; and WHEREAS, the City Council of the City of La Quinta has read and considered all documentation comprising the Final EIR, and has found that the FEIR considers all potentially significant adverse environmental impacts which may be caused by the proposed project, and determined it is complete and adequate, that it fully complies with all requirements of CEQA, and reflects the City Council's independent judgment; and WHEREAS, prior to action on the Project and the Entitlement Approvals, the City Council considered all significant adverse environmental impacts, mitigation measures and proposed project alternatives identified in the FEIR, and has found that all potentially significant adverse environmental impacts which may be caused by the Project and implementation of the Entitlement Approvals have been lessened or avoided to the extent feasible and the City Council has determined that the proposed alternatives to the Project do not: 1) meet the City's and/or Applicant's objectives for the Project Site; and/or 2) are not feasible; and/or 3) are not environmentally superior; and Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 3 WHEREAS, CEQA provides that no public agency shall approve or carry out a project for which a FOR has been completed and which identifies one or more significant adverse environmental impacts of the proposed project unless the public agency makes written factual findings for each of the potentially significant adverse environmental impacts identified in the DEIR; and WHEREAS, CEQA Guideline Section 15093(b) recognizes that the La Quinta City Council may proceed to approve the Project and the Entitlement Approvals, despite the fact that certain potentially significant adverse environmental impacts are identified in the FEIR which are not mitigated to a level of insignificance, where the City has stated in writing the reasons to support its action based upon the DEIR and other information in the public record; and WHEREAS, the City Council has determined that the Project is necessary to serve the existing and future needs of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta resolves as follows: SECTION 1. Certification. Based on its review and consideration of the FEIR as presented, the City Council certifies the EIR for the Project and that the FEIR has been prepared in compliance with CEQA and the State and local CEQA Guidelines. The City Council adoption and certification of the FOR reflects the City Council's independent judgment and analysis. The City Council further certifies that the FEIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to recommending approval of the Project. SECTION 2. CEQA Findings and Statement of Facts. The above recitals are true and correct and constitute findings of the City Council. In addition, pursuant to CEQA Guidelines section 15091, the City Council of the City of La Quinta, California has reviewed and adopts the CEQA Findings and Statement of Facts as contained in Exhibit A, entitled "CEQA Findings and Statement of Facts", which is incorporated herein by this reference as though fully set forth. SECTION 3. Statement of Overriding Considerations. Pursuant to CEQA Guidelines Section 15093, the City Council of the City of La Quinta, California, in addition to the findings made in the body of the FEIR, has reviewed and finds that the Statement of Overriding Considerations contained in- Exhibit B, entitled "Statement of Overriding Considerations", is necessary, and the City Council adopts and incorporates herein by this reference as though fully set forth. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 4 SECTION 4. Mitigation Monitoring Program Approval. Pursuant to Public Resources Code Section 21081.6, the Mitigation Monitoring and Reporting Program for the Project is hereby adopted as Exhibit C. SECTION 5. Location and Custodian of Record of Proceedings: The custodian of the records and proceedings shall be the Planning Director, and such records and proceedings shall be on file in the Planning Department in the City of La Quinta, California, located at 78-495 Calle Tampico, La Quinta, CA 92253. SECTION 6. Notice of Determination and Completion. The City Council requires that the Director of the Planning Department file a Notice of Determination with the County Clerk of the County of Riverside and with the State Office of Planning and Research within five working days of City Council approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18th day of May, 2010, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ATTEST: , CMC, City Clerk City of La(Quinta,., (Seal) DON 4DL, yor City of La Quinta, California Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 5 APPROVED AS TO FORM: M. KATHERINE JEN%,ON, City Attorney City of La Quinta, California Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 6 CEQA FINDINGS AND STATEMENT OF FACTS A. INTRODUCTION Project Description, Location, and Objectives Project Description Build out of the Specific Plan would result in the construction of up to 200 high density residential apartment units affordable to very low, low and moderate income households, on the southern half of the project site, and approximately 10 acres of auto -related commercial retail development, on the northern half of the project site. The Specific Plan proposes approximately 10 acres of residential development for affordable housing on the southern half of the site. Construction of up to 200 units is proposed in a combination of one, two, and three story buildings. Buildings will contain a mix of affordable housing types, ranging from one to three bedroom units, to serve a variety of residents from single occupants to families. The Project also includes the construction of a new public roadway, "A" Street that will extend east -west from Dune Palms through the site. "A" Street will be classified as a Local Roadway, and will result in a signalized intersection at the southwestern corner of the project site and Dune Palms Road. Construction of "A" Street will result in a reconfiguration of the access driveway to the Desert Sands Unified School District service facility, including the bus yard, located immediately south of the project boundary. Along the southern edge of the mini -storage facility to the north of "A" Street, a narrow area south of the existing structure may be acquired for the roadway. The project also includes the possible extension of a storm water drain from the southeastern corner of the site to an outfall structure to be built in the La Quinta Evacuation Channel Access to the property will be provided at five locations. The primary access to the commercial component of the project will be on Highway 111. A main entry at the center of the property, approximately 600 feet east of Dune Palms Road, will allow right -in -right -out turning movements. In addition, a secondary access is proposed at the northeastern corner of the site, also allowing right -in -right -out access. A gated access from the commercial portion of the property, through an easement on existing, developed parcels to the west, and connecting to Dune Palms Road approximately 625 feet south of Highway 1 1 1, will provide supplemental access for emergency and service vehicles. The access to the DSUSD property will be modified to allow access through the new local street. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 7 The primary access to the multi -family residential component of the project will be from "A" Street. This public roadway is planned to connect to Dune Palms Road opposite and east of the existing Sam's Club driveway, and will connect to the existing Costco development, through minor modifications to the Costco driveways, at a point located on the eastern boundary of the site, approximately 700 feet south of Highway 1 1 1. The project will also include on -and off -site roadway improvements to Dune Palms Road and Highway 111. Project Location The project site is approximately 22 acres in size, is generally rectangular in shape, and is located in the City of La Quinta, south of Highway 111, approximately 300 feet east of Dune Palms Road. At the southern end of the project boundary, there is a narrow horizontal extension of the project site that connects to Dune Palms Road, which will be developed as a public roadway. The site is bounded on the north by Highway 111; on the south by the Desert Sands Unified School District administration and service facilities, including the school bus yard; on the east by existing commercial development (the Komar/Costco Center); and on the west by a gasoline station, a mini -storage facility, and Dune Palms Road. The project site occupies assessor parcel numbers (APN) 600-020-038 and 600- 020-039, which were previously developed as a mobile home park (remnants of the park, primarily consisting of foundations, still occur), and are owned by the La Quinta Redevelopment Agency; the roadway extension parcel is identified as assessor's parcel number 600-020-012. As proposed, the project site includes approximately 0.25 acres for an easement for a storm drain connection to the La Quinta Evacuation Channel on a portion of the adjacent 26± acre Desert Sands Unified School District property (APN 600- 020-001). The reconstruction of the access driveway to the Desert Sands Unified School District bus yard, located on the south boundary of the project area is also planned, as is the acquisition of a small portion (7,000 square feet) of the adjacent mini - storage lot (Assessor's Parcel Number 600-020-01 1) which now contains a small retention basin. Project Objectives The primary goal of the proposed project is to expand the availability of affordable housing in the City, while providing residents with convenient access to services, jobs, shopping, and transportation. In addition, the City wishes to expand its retail Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 8 commercial opportunities along the Highway 111 corridor. The project objectives are as follows: 1. To provide affordable housing for all City residents. 2. To provide very low, low or moderate income housing in close proximity to shopping, job opportunities, schools and public transportation, consistent with the City's General Plan Housing Element, and the City's Regional Housing Needs Assessment for the 2006-2014 planning period. 3. To encourage the development of energy efficient, "green" housing which reduces the residents' expenses for energy costs and the project's environmental impacts both during and after construction. 4. To develop high quality commercial development on the City's primary commercial corridor. 5. To expand the City's economic base by adding to the already successful regional commercial development located on Highway 111. CEQA Requirements The Dune Palms Road & Highway 111 Specific Plan constitutes a "project" under the California Environmental Quality Act of 1970 (CEQA), as amended, and the State Guidelines for the implementation of CEQA, as amended. Therefore, the City has prepared an Environmental Impact Report (EIR) that identifies certain unavoidable significant effects which may occur as a result of the project, or which may occur on a cumulative basis in conjunction with the project and other past, present, and reasonably foreseeable future projects. CEQA and the State Guidelines require that no public agency approve or carry out a project for which an EIR has been certified and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of the significant effects, accompanied by an explanation of the rationale supporting each finding. The possible findings include the following: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 9 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunity for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR. The City has determined that the EIR is complete and has been prepared in accordance with CEQA and the CEQA Guidelines. Therefore, the City of La Quinta proposes to approve the Specific Plan, and the findings set forth herein. B. EFFECTS DETERMINED TO HAVE NO IMPACT The CEQA Guidelines Environmental Checklist Form was used to prepare the Initial Study, which was reviewed by the City of La Quinta to assure that all required environmental issues would be addressed in the EIR. It was determined that the proposed project would have no impact on agricultural resources and mineral resources. The following environmental areas of concern will also result in no impacts: 1. Scenic resources; 2. Historical resources as defined in Section 150645.5; 3. Paleontological resources; 4. Exposure of people or structures to risk of loss, injury or death from the rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, or from a landslide; 5. Expansive soils or soils that are incapable of supporting the use of a septic tank; 6. Location on a listed hazardous materials site; 7. Safety hazard for people residing or working in the project area, in the vicinity of an airport or a private airstrip; 8. Risk of loss, injury or death from wild land fires; 9. Placing housing or structures within a 100-year flood zone; 10. Physically dividing a community; 11. Conflicting with an applicable habitat conservation plan or natural community conservation plan; 12. Exposure to excessive ground borne vibration or ground borne noise levels; 13. Exposure to excessive noise levels within 2 miles of an airport; 14. Displacement of a substantial number of people or existing housing, necessitating the construction of replacement housing elsewhere; 15. Changes in air traffic patterns; 16. Inadequate parking capacity. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 10 C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT Aesthetic Resources Development within the Specific Plan area will result in changes to the existing visual character of the project area. The Specific Plan provides for development of commercial buildings up to 50 feet in height and residential buildings up to 40 feet in height, as well as additional sources of light and glare from building lighting, night-time operations and vehicle headlights. In accordance with the General Plan, the commercial component of the project will not exceed the height restriction within a Primary Image Corridor. Implementation of the design standards and guidelines are expected to reduce impacts to less than significant levels. The Specific Plan assures that the aesthetic continuity of landscaped parkways along Highway 111 will be maintained, as set forth in the City's Highway 111 Design Guidelines. Project standards for landscaping and planting materials that utilize native and appropriate non-invasive, non-native planting materials are consistent with the policies of the La Quinta General Plan. Landscaping designs and materials will be used to establish and enhance visual order to streetscapes, parking areas, building perimeters and common open space areas. Plantings will be desert drought tolerant and compatible with existing vegetation. The Specific Plan's architectural design guidelines regulate elements such as building siting, building architecture, building height, colors and materials, and lighting. The Specific Plan proposes building heights and site design to complement and be compatible with existing surrounding neighborhoods. Project lighting is expected to include provisions for adequately illuminated parking lots and other areas of the project where safety and defensible space is an issue, also including loading and storage areas, entries and major intra-project intersections. Standard design features will be used to mitigate potential impacts to acceptable levels, such as shielding and directing all outdoor lighting downward to preserve the night sky, by maximizing the use of quality building designs, minimizing the use of reflective surfaces, curved roads and driveways, combined with landscaping and decorative walls. Air Quality Implementation of the Specific Plan will result in the direct and indirect generation and emission of air pollutants both locally and regionally. Emissions will be generated during grading, construction and operation of the project. As with most Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 11 projects, a majority of the air quality pollutants are expected to come from vehicular traffic emissions associated with residents, deliveries, employees, and customers accessing the site. Air emissions will also result from the generation of natural gas, and from stationary sources. Site grading and stabilization is regulated in the South Coast Air Quality Basin, and requires the approval of detailed grading and dust control plans prior to any site disturbance. The analysis contained in the EIR demonstrated that emissions associated with grubbing, grading and other site disturbance are expected to be less than significant, since none of the established SCAQMD thresholds for criteria pollutants will be exceeded. Emission projections for the construction of both phases of the Specific Plan included the operation of construction equipment for building construction and off gassing from the application of architectural coatings. No criteria pollutant thresholds are expected to be exceeded during construction activities, and impacts to air quality are expected to be less than significant. At build out, the project will generate emissions from daily operations including natural gas demands, use of consumer products, landscaping, and architectural coatings (collectively referred to as Area Source Emissions). Operational emissions from area sources and moving sources have been demonstrated to be well below the daily threshold for all criteria pollutants. Therefore, operation of the proposed Specific Plan is expected to have a less than significant impact on air quality. Biological Resources The disturbed nature of the site results in limited potential for the occurrence of large numbers of common or sensitive species. Following construction of the project, a small number of native wildlife species may make use of the habitat provided by project landscaping. The project site is located in the mitigation fee area for the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). In accordance with the CVMSHCP, the City is required to implement a Local Development Mitigation Fee (LDMF) of $5,730 per acre on new development within the CVMSHCP planning area. The fee will compensate for potential impacts to sensitive species and will be used for the purchase and management of preserve lands, and reduces impacts associated with habitat conservation plans to less than significant levels. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 12 Cultural Resources The project site is not known to have been the location of a cemetery or burial ground. California law requires that contractors immediately notify law enforcement officials should human remains be identified when grading occurs on the project site. The County coroner is required to determine if remains could be of Native American origin, and contact Tribal officials if necessary. These requirements assure that impacts to human remains will be less than significant. Geology and Soils Buildings and structures onsite have the potential to be impacted by seismic activity. Damage to buildings is either structural, affecting the building's support such as frames, walls, and columns, or nonstructural, such as broken windows, warped chimneys, and collapsed ceilings. The Federal Emergency Management Agency (FEMA) defines a hazardous building as "any inadequately earthquake resistant building, located in a seismically active area that presents a potential for life loss or serious injury when a damaging earthquake occurs." In order to reduce impacts from such an event to the greatest extent practicable, development on -site will be required to comply with all applicable Building Code requirements. With implementation of these standards, impacts from seismic activity will be reduced to less than significant levels. The site is located in an area identified as having a moderate liquefaction potential, due to the presence of young sediments. Groundwater in .Township 5 South, Range 7 East, Section 29, which is where the site is located, was estimated to be 148.84 feet below surface level in 2004, as determined by CVWD. Liquefaction occurs when there is shallow groundwater, typically less than 50 feet below the ground surface. Impacts associated with liquefaction are therefore not expected to occur on the site, due to the depth to the groundwater, which exceeds 50 feet. Therefore, the potential for impacts associated with liquefaction is less than significant. The project site is considered to be potentially vulnerable to seismically induced settlement, due the soil type and proximity to fault systems, which may result in strong to severe ground shaking. Site preparation and grading activities will utilize compaction techniques to reduce the potential for ground subsidence to occur. With implementation of conditions of approval set forth below, impacts from ground subsidence are expected to be less than significant for the proposed project. The project site is located in a very severe wind erosion hazard area and is therefore potentially susceptible to wind related impacts. The City of La Quinta Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 13 and the Coachella Valley have developed several methods to reduce adverse impacts associated with high winds, namely requirements for fugitive dust controls. These standard requirements include site watering, stabilization, and other measures to reduce the potential for blowsand during construction and site disturbance. The site will also be subject to soil erosion from storm water during the construction phases of the project. The City will require flood protection measures as part of the grading permit process, in conformance with the requirements of the National Pollution Discharge Elimination System (NPDES). With implementation of these requirements, impacts associated with soil erosion will be less than significant. Hazardous and Toxic Materials The project site has frontage along Highway 111, a regional roadway that may be used to transport hazardous materials or wastes. Therefore, there is a potential for spills and leaks from moving sources that transport hazardous and toxic material and waste to occur in the project vicinity. A hazardous materials spill in the City of La Quinta, including in proximity to the project site would be cleaned up by the Riverside County Fire Department, using well established standards for such remediation, which will assure that impacts are less than significant. No National Priority Sites exist within one mile of the project site. Previous agricultural activities on the site have not resulted in significant amounts of chemicals or fertilizer residue, as determined by on -site investigations conducted on the site. Hydrology and Water Resources Hydrology As proposed, the on -site flood control improvements include two retention/detention design systems (Alternative 1 and 2) that will eliminate the potential for on -site flooding from a 500-year storm event and assure that offsite discharges are within the standards established by the City. Final design of the flood control facilities may include on site above ground retention, below ground retention, discharge into the La Quinta Evacuation Channel, or a combination of all three. A final determination will be made as final site and building plans are prepared. As the hydrology study demonstrates, the project can meet requirements to contain flows as prescribed by the City and the NPDES, regardless of the combination of methods used to retain and convey storm flows. During construction, surface runoff will be temporarily directed via graded swales to retention basins. All onsite storm drainage and hydrologic improvements are designed to conform to the City's master hydrology and storm drain improvement program. Therefore, Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 14 impacts to drainage patterns and flood control as a result of site development will be less than significant. All onsite development will connect to the existing sewage system, which will eliminate the potential risk of groundwater contamination associated with the use of septic tanks and seepage pits. Water Resources The project will consist of auto -related commercial land uses and high density residential units. Neither of these uses are expected to impact groundwater quality since all onsite development will connect to the existing sanitary sewer system maintained and operated by the CVWD. The District is required to maintain strict water quality standards for all facilities. Discharges into the system by onsite users are expected to be standard domestic wastes, and will not include any industrial discharges. Onsite runoff will be captured and treated in a manner consistent with BMP's. For the auto dealership two infiltration BMP structures with a combined 0.25 acre-foot capacity will be constructed. The residential portion of the site will manage runoff via a 0.15 acre-foot BMP structure. The existing mini -storage facility currently contains a 0.11 acre-foot BMP structure which is adequate to handle runoff flows from that site. A 0.54 acre-foot capacity infiltration BMP is proposed for the Desert Sands Unified School District facility in order to capture runoff from that site. The DSUSD adheres to pollution prevention procedures, including a system of filters, oil separator, and cleanup protocol to prevent water quality impacts from operation of the bus yard. BMP improvements include infiltration structures and water quality inlets, which are effective in removing pollutants from onsite runoff. In addition to project design features that minimize runoff, these BMP improvements will limit project related impacts to water quality to less than significant levels. Land Use and Planning Development of the residential portion of the project will not adversely impact any existing land use in the project vicinity. The proposed maximum height of any building within the Specific Plan project is 40 feet for residential buildings and 50 feet for commercial buildings. In consideration of the limited heights of the proposed buildings and the distance that separates the new residential development from the adjacent arterials, impacts on neighboring properties are expected to be less than significant. Development of the residential portion of the project will have a less than significant impact on surrounding land uses. The residential component has been designed to have all activity areas in its center, and will consist primarily of the rear Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quints Redevelopment Agency Adopted: May 18, 2010 Page 15 of structures, and parking areas on its perimeter. The project design, therefore, will limit the potential for incompatible activities between the surrounding existing commercial and the proposed residential component. The project provides a buffer for less intense land uses to the south, including the school district facilities, by providing a transitional, less intense land use which steps down land use intensity from the retail commercial to be located on Highway 111. The auto -related commercial uses proposed for the northern half of the site are consistent with the existing General Plan and Zoning designations and existing uses currently present along Highway 1 1 1. The commercial portion of the project is not expected to adversely impact existing development in the project vicinity, since it diversifies retail opportunities and complements surrounding commercial uses. Clear pedestrian connections are proposed on the east and south boundaries of the commercial component of the project, to allow residents of the residential component to travel by foot or bicycle outside the vehicular travel lanes. These and other design standards and requirements in the Specific Plan will assure that the off -site impacts associated with the residential component will be less than significant. Noise Noise levels anticipated during the opening year of the proposed project are not expected to exceed 0.1 dBA at any of the locations studied in the EIR. In fact, project improvements are projected to result in decreased noise levels along segments of Dune Palms Road and Highway 111. Therefore, based upon established criteria, project related traffic noise impacts in the opening year are expected to be less than significant. At project build out, traffic noise will increase by less than 0.3 dBA CNEL. This increase is well below the threshold of 3 dBA, and it is therefore expected that impacts associated with increased traffic noise as a result of the proposed project will be less than significant. Population and Housing The Department of Finance estimates that there are 21,351 housing units, and a population of 43,778 in the City as of January 1, 2009. The General Plan provides for an additional 39,109 housing units. The proposed project includes up to 200 housing units. At build out of the 200 units proposed for the project site, the project will generate 0.003% of the potential housing units anticipated at General Plan build out. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 16 Implementation of the proposed project will generate jobs during construction and long-term operation of the project. Construction and construction -related jobs will vary based on the types of construction occurring at any time and will occur over several years as the project is developed in phases. Over the life of the project, the 82,000 square feet of auto -related sales and service development within the Specific Plan may be expected to employ workers and professionals with a broad spectrum of skills, experience levels and educational backgrounds. The proposed project's job generation has the potential to result in 50 new households. SCAG projects that at least 17,839 households will occur in the City of La Quinta by 2015. 'The proposed project will therefore not exceed the growth anticipated for the City in the next seven years. Lands adjacent to the project site are fully developed, although the project site itself is undeveloped and will require water, sanitary sewer and storm drain systems. These services will be provided by extensions from the City's existing infrastructure framework, which currently surrounds the project site. The proposed project will not therefore, induce growth by extending services to an isolated area which would not be otherwise serviced by water, sewer or other utilities. Public Services and Facilities Police and Fire Service Impacts The proposed project has the potential to require additional services from the police department, which may include personnel, equipment, and the expansion of facilities. Currently, the City contracts with Riverside County for the full-time equivalent of 50.75 sworn officers and five non -sworn community service officers. Police protection onsite will assure that the project contains defensible space and provides security to the proposed auto -related retail dealerships. The project will generate vehicle sales tax, which will offset the costs associated with additional personnel. At build out and full occupancy, the proposed project has the potential to generate an increase in the City's population. This increase is not expected to significantly impact the fire department's ability to provide services to the City of La Quinta or the project site. The project will be required to pay the City's Development Impact Fee, which includes a component for the provision of additional fire stations and equipment, based on increased demand. The project will also generate vehicle sales tax for the City, which will offset the cost of additional contract personnel as the project is implemented. Impacts to police and fire protection services are expected to be less than significant. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 17 Sanitary Sewer The proposed project will generate wastewater and result in additional demand to existing wastewater collection and treatment facilities. The increase in demand for wastewater collection and treatment services for the proposed project is not expected to be significant. Additional capacity is available at CVWD's wastewater treatment facility to serve the site. Sewer system connection fees and associated facility fees shall be collected which will finance wastewater reclamation plant expansions as needed, and reduce potential impacts to less than significant levels. Schools The proposed project is expected to result in an increase of 25 elementary students, 10 middle schools students, and 11 high school students. All construction proposed on the project site will be required to pay the school impact fees in place at the time of construction. These fees are designed to offset the costs of providing additional facilities. Student generation impacts to DSUSD schools as a result of the project are expected to be less than significant. Libraries The proposed project will generate a demand for an additional 285 square feet of library space and 1,140 new volumes. The developers of the project will be required to pay Development Impact Fees, which include a fee for library services, to offset the demand created by new development. Impacts to library facilities are expected to be less than significant. Domestic Water Projected water demand for the proposed project is estimated at 69.87 acre feet per year. Water used for landscaping and other exterior uses will be limited to the greatest extent practicable through the use of xeriscape landscaping, and the use of a native drought tolerant plant palette. Indoor water usage and consumption will also be reduced to the greatest extent practicable through the use of low flush toilets, water efficient appliances and faucets, and other water conserving technologies. Although development of the project will put an increased demand on the water supply, impacts are expected to be less than significant. Electricity and Natural Gas Development of the proposed project is estimated to result in the consumption of 1,524,400 kilowatt-hours per year for the residential component and 1,418,600 kilowatt-hours per year for the commercial component for a total of 2,943,000 kilowatt-hours per year or 8,063 kilowatt-hours per day. Existing Imperial Irrigation District OID) facilities including power generation, transmission, substation, and distribution mains are sufficient to serve the project site without the need for improvements. Impacts associated with electricity are expected to be less than significant. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 18 Development of the proposed project is estimated to result in the consumption of 1,040,100 cubic feet of natural gas per month or 12,481,200 cubic feet per year. Implementation of the proposed project is not expected to significantly impact natural gas supplies or the ability of The Gas Company to provide services to existing or planned future costumers. Recreational Resources The proposed project will result in an increase to the City's population of approximately 570 people. In addition, the project's auto -related sales and service development could generate about 100t jobs. Based on the requirements of the Quimby Act, the project will be required to pay park in -lieu fees equivalent to three acres to offset its impacts to City parks. The proposed project is, however, designed to offer its residents a recreational core, extending through the center of the site. The open space core will be designed as the primary recreational area and may include pedestrian walkways, passive recreation areas, shade structures, outdoor seating (i.e. benches) and a community garden. The on -site facilities will offset the project's Quimby requirement, and the balance of the need will be required as a fee payment, thereby reducing impacts to less than significant levels. Transportation and Traffic The EIR considered local and regional traffic impacts to the following intersections: • Washington Street at Miles Avenue • Washington Street at Highway 111 • Washington Street at Avenue 48 • Adams Street at Highway 111 • Dune Palms Road at Westward Ho Road • Dune Palms Road at Highway 111 • Dune Palms Road at Avenue 48 • Highway 111 at Depot/Costco Drive • Highway 111 at Jefferson Street • Highway 111 at Madison Street • Jefferson Street at Avenue 48 All intersections in project vicinity, except for three intersections, are projected to operate at acceptable levels of service, with and without the proposed project in 2011. All roadway segments in the project vicinity, except for that segment of Dune Palms Road between Westward Ho and Highway 111, are projected to operate at acceptable levels of service, with and without the proposed project. In 2011 the Dune Palms roadway segment between Westward Ho and Highway 111 will operate at an unacceptable level of service F without the project. However, per La Quinta Engineering Bulletin #06-13, project -specific impacts for this roadway segment are considered to be less than significant since the increase in the volume to capacity ratio Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 19 is less than 0.02. Impacts at these intersections and roadway segments are therefore expected to be less than significant. In 2016, the proposed project's build out will have less than significant impacts on all intersections analyzed, with the exception of the Jefferson Street and Avenue 48 intersection. Further, in 2016, all roadway segments except along Highway 111 will operate at acceptable levels, with improvements and payment of fees by the City for its share of these improvements. With contribution of the project's fair share allocation, which will facilitate implementation of the improvements required, and construction of these improvements, potentially significant project specific and cumulative impacts to project area intersections will be reduced to less than significant levels. D. EFFECTS MITIGATABLE TO A LEVEL OF INSIGNFICANCE Greenhouse Gas Impacts Implementation of the Specific Plan has the potential to result in emission of greenhouse gases due to short term construction activities, use of electricity and natural gas to power onsite facilities, onsite water consumption, disposal and decomposition of solid waste, and use of motor vehicles associated with onsite land uses. The build out of the proposed project would result in greenhouse gas emissions of 8,721.14 metric tons of Carbon Dioxide Equivalence. With the implementation of mitigation measures, GHGs would be reduced at the project site by 2,525.02 metric tons annually, or 28.95%, to 6,196.12 metric tons. This reduction exceeds the ARB's determination that to satisfy the requirements of AB 32, all activities in the State must reduce GHG emissions by 28.3% from "business as usual" practices by 2020. Since the proposed project will reduce emissions by 28.95%, it can be determined that with the implementation of these mitigation measures, the proposed project will have a less than significant impact on greenhouse gas emissions. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. During project construction, on -site off -road construction equipment shall utilize biodiesel fuel (a minimum of B20), except for equipment where use of biodiesel fuel would void the equipment warranty. The applicant shall provide documentation to the City that verifies that certain pieces of equipment are exempt, a supply of biodiesel has been secured, and that the construction contractor is aware that the use of biodiesel is required. As a Resolution No. 20107036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18. 2010 Page 20 conservative measure, no reduction in GHG emissions was taken for the implementation of this measure as it is unknown if biodiesel can be readily applied to the various pieces of construction equipment that will be necessary for the project. b. In order to reduce Project -related air pollutant and greenhouse gas (GHG) emissions, and promote sustainability through conservation of energy and other natural resources, building and site plan designs shall ensure that the Project energy efficiencies surpass applicable 2008 California Title 24 Energy Efficiency Standards by a minimum of 20 percent. Verification of increased energy efficiencies shall be shall be documented in Title 24 Compliance Reports provided by the Applicant, and reviewed and approved by the City prior to the issuance of the first building permit. Any combination of the following design features may be used to fulfill this mitigation measure provided that the total increase in efficiency meets or exceeds 20 percent beyond 2008 Title 24 standards: • Buildings shall exceed California Title 24 Energy Efficiency performance standards for water heating and space heating and cooling, as deemed acceptable by the City of La Quinta. • Increase in insulation such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption. • Incorporate dual -paned or other energy efficient windows. • Incorporate energy efficient space heating and cooling equipment. • Incorporate the use of tankless water heaters in all residential units and community buildings. • Promote building design that will incorporate solar control in an effort to minimize direct sunlight upon windows. A combination of design features including roof eaves, recessed windows, "eyebrow" shades and shade tress shall be considered. • Interior and exterior energy efficient lighting which exceeds the California Title 24 Energy Efficiency performance standards shall be installed, as deemed acceptable by City of La Quinta. Automatic devices to turn off lights when they are not needed shall be implemented. • To the extent that they are compatible with landscaping guidelines established by the City of La Quinta, shade producing trees, particularly those that shade paved surfaces such as streets and parking lots and buildings shall be planted at the Project site. • Paint and surface color palette for the Project shall emphasize light and off-white colors which will reflect heat away from the buildings. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 21 • All buildings shall be designed to accommodate renewable energy sources, such as photovoltaic solar electricity systems, appropriate to their architectural design. • Consideration shall be given to using LED lighting for all outdoor uses (i.e. buildings, pathways, landscaping, carports). c. To reduce energy demand associated with potable water conveyance, the Project shall implement the following: • Landscaping palette emphasizing drought tolerant plants; • Water efficient landscaping; • Use of water -efficient irrigation techniques; • U.S. EPA Certified WaterSense labeled or equivalent faucets, high - efficiency toilets (HETs), and water -conserving shower heads. d. The project will recycle and/or salvage non -hazardous construction and demolition waste, and develop and implement a construction waste management plan. Biological Resources Impacts Disturbance of the site has the potential to impact nesting or roosting Burrowing Owls, which would constitute a significant impact to the species, which requires mitigation. Grading of the project site also has the potential to impact birds covered under the Migratory Bird Treaty Act (MBTA). As the CVMSHCP does not include provisions for migratory birds, the provisions of the MBTA must be complied with to assure that impacts to migratory birds are reduced to less than significant levels. The proposed project may include a storm drain pipe, extending from the southeastern portion of the project area, through the Desert Sands Unified School District lands, and leading to a stormwater outfall structure on the north side of the La Quinta Evacuation Channel (LQEC). The area of the stormwater outfall structure meets the hydrogeomorphic criteria established by CDFG for waters of the State, and may also support riparian vegetation. Construction of the stormwater outfall structure would result in the temporary (construction) disturbance of 10,200 square feet (0.234 acres) of jurisdictional waters, and the permanent disturbance of 200 square feet (0.005 acres) of jurisdictional waters. In accordance with CDFG Code, this represents a potentially significant impact to a water of the State, which requires mitigation. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 22 Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. To comply with the MBTA, a nesting bird survey will be required prior to the removal of any vegetation or trees, or grading on the site, if such activity is to occur between January 1 and August 31 of any year. The nesting bird survey will be conducted by a qualified biologist, and end no less than three days prior to the activity. The biologist's report of the survey, and any measures required to protect nesting birds, shall be approved by the City prior to the initiation of any activity. This mitigation measure will not apply if vegetation or tree removal, or grading, are proposed between September 1 and December 31 of any year. b. Within 30 days of the initiation of any grubbing or grading activities on the site, a protocol -compliant Burrowing Owl survey shall be conducted by a qualified biologist. If the species is identified on the site, CDFG shall be consulted, and mitigation measures implemented to avoid or relocate the owls. c. Following final design of the stormwater outfall structure, the project proponent shall secure a Streambed Alteration Agreement from the California Department of Fish and Game, prior to the initiation of any construction activity in the LQEC. d. Following final design of the stormwater outfall structure, the project proponent shall secure a 401 Permit from the Regional Water Quality Control Board, if necessary. Cultural Resources Impacts Although no cultural resources were discovered within the project boundaries, the vicinity is known to be highly sensitive for subsurface deposits of prehistoric cultural remains and is located in one of the densest clusters of archaeological sites ever recorded in Riverside County. Development of the proposed project may result in the excavation of areas previously not impacted by significant excavations and disturbances. As a result, the potential exists for buried archaeological resources to occur. The EIR includes mitigation measures to assure that onsite cultural resources are protected. The implementation of these mitigation measures will reduce impacts associated with cultural resources to less than significant levels. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 23 Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. b. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of a Certificate of Occupancy for the project. c. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. d. The conditions of approval recommended by the La Quinta Historic Preservation Commission on December 6, 2007 shall be included in the submitted Phase I historical/archaeological report prior to issuance of the first permit requiring monitoring. e. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Community Development Department shall be notified immediately. Hazardous and Toxic Materials Impacts Development of the site has the potential to result in an increase in the transport, storage, use, and generation of hazardous materials and wastes, which will directly increase the demand for proper disposal of such materials. The use of hazardous material in the commercial sector is well regulated through City, County, State, and federal law, and no high -volume hazardous waste generators will be present on -site. Impacts related to hazardous materials and waste can be reduced to less than significant levels through proper hazardous waste management and the use of appropriate mitigation measures. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of t.a Quinta Redevelopment Agency Adopted: May 18, 2010 Page 24 Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. The handling, storage, transport, and disposal of all potentially hazardous materials and waste, including chemicals, herbicides and pesticides, and runoff, at the project site, shall be in accordance with the City's BMP/Integrated Waste Management Plan and other applicable City, county, state, and federal regulations. b. Development within the Specific Plan area shall be required to comply with all applicable federal, state, and regional permitting requirements for hazardous and toxic materials generation and handling, including but not limited to the following: If it is determined that hazardous wastes are, or will be, generated by any proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). ii. If hazardous wastes are (a) stored in tanks or containers for more than ninety days, (b) treated on -site, or (c) disposed of on -site, then a permit from the Department of Toxic Substances Control (DTSC) may be required. c. Hazardous material and waste storage within the proposed project shall be secured so as to minimize risk of upset in the event of groundshaking associated with earthquakes. Hydrology and Water Resources The proposed project may include a storm drain pipe, extending from the southeastern portion of the project area, through the Desert Sands Unified School District lands, and leading to a stormwater outfall structure on the north side of the La Quinta Evacuation Channel (LQEC). The area of the stormwater outfall structure meets the hydrogeomorphic criteria established by CDFG for waters of the State, and may also support riparian vegetation. Construction of the stormwater outfall structure would result in the temporary (construction) disturbance of 10,200 square feet (0.234 acres) of jurisdictional waters, and the permanent disturbance of 200 square feet (0.005 acres) of jurisdictional waters. In accordance with CDFG Code, this represents a potentially significant impact to a water of the State, which requires mitigation. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 25 Stormwater runoff generated by on -site flows will be directed to drains that are strategically placed throughout the project site. Drains will convey water to the underground retention storage units (five are proposed: two in the commercial portion of the site, and three in the residential portion of the site), where flows will then be percolated into the ground. The potential exists that surface water could be contaminated by operation of the proposed project, particularly due to the auto related uses. This represents a potentially significant impact for which mitigation is included in the EIR. CVWD has made significant strides in providing private and public users of local water with resources and information to help conserve water through the use of drought tolerant desert plants and efficient irrigation systems. The landscape guidelines set forth in the Specific Plan reflect and integrate federal, state, and local requirements of the water conservation ordinances and regulations, and are intended to make the proposed project as water -efficient as possible. Furthermore, the following measures shall be implemented by the project developers to ensure the most efficient use of water resources. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. Project proponent(s) shall coordinate with the City and the Department of Fish and Game to secure required permits for construction activities within the Evacuation Channel. b. Pollution control techniques/facilities shall include periodic street cleaning, the careful control/monitoring of auto -related wastes, and if needed the intercepting and/or pre-treatment of runoff prior to discharge into the retention areas. c. The use of low -flush toilets and water -conserving faucets, dishwasher, and washing machines shall be required in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Code of Regulations Section 1601(b), and applicable sections of Title 24 of the State Code. d. The following general landscape design principles shall be integrated into the project: i. To the greatest extent practicable, native plant materials and other drought - tolerant plants shall be used in all non -turf areas of project landscaping. ii. Inorganic landscape materials, including boulders, cobble, gravels and crushed granitic materials, shall be used throughout the landscape to help Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 26 naturalize the design, provide additional structure and pattern to the landscape, and eliminate the need for watering in these areas. iii. Expanses of lawn shall be limited to the Active Space Core, which provides recreational opportunity to the residents of the development. e. Should recycled water be made available by the Coachella Valley Water District to the site, the proposed project shall irrigate landscaping with recycled water. Noise Impacts Construction of the auto related commercial project and the multi -family residential units will result in short-term noise impacts, associated with grading, construction, and the transport of construction workers and equipment to and from the site. Noise generated during construction will result in temporary elevated noise levels that have the potential to occasionally exceed the threshold for sensitive noise receptors. Although there are no existing sensitive noise receptors in the immediate vicinity of the project area, mitigation measures included in the EIR will help to reduce the level of noise generated during construction activities on -site. With the implementation of these measures, noise impacts associated with construction are expected to be less than significant. Daily school bus operations and safety check procedures that occur between 5:00 a.m. and 7:00 a.m. generate noise levels that have the potential to cause sleep disturbance and high annoyance for the proposed residential development. Noise sources from the school bus yard are a result of engine idling, air brake system (ABS), reverse safety beeper, electric horn, and air horn testing. The two locations impacted by the school bus yard activities both occur on the southern boundary of the residential portion of the project. In order to assure that the District's activities are mitigated to less than significant levels, mitigation measures have been imposed in the EIR. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. All construction equipment operating onsite shall be fitted with well -maintained, functional mufflers. b. All stationary construction equipment shall be directed away from sensitive noise receptors. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quints Redevelopment Agency Adopted: May 18, 2010 Page 27 c. Equipment staging shall be located as far as possible on the site from any noise sensitive receptors. d. Construction hours and haul truck deliveries shall be limited to those prescribed in City ordinances. e. A final noise study shall be prepared and submitted with building permits. The noise study shall demonstrate that all residential units within the project will meet interior and exterior noise standards, with a particular focus on the units occurring along the southern boundary of the project site. The noise attenuation methods required to assure that City standards are met may include all or some of the following techniques, as long as City standards are met or exceeded: • In order to reduce the noise levels at exterior living areas in the southern portion of the site, the proposed 25 foot tall apartment buildings shall be connected by a 20 foot tall sound wall. The wall shall be high enough to block the view of "A" Street to stop the linear progression of noise from the school bus yard, will have no decorative cutouts or line -of -site openings, and weigh at least 4.5 pounds per square foot of face area. • The row of apartments at the southernmost portion of the site, adjacent to the school bus yard shall be improved with limited or no operable windows on the south wall, and windows shall be upgraded to a Sound Transmission Class rating of 44. In addition, walls, doors, and roof assemblies shall be upgraded to reduce noise impacts. f. All residential units shall be designed to allow for a "windows closed" condition, which requires a means of mechanical ventilation (air conditioning). g. Units other than those within the southernmost apartment complex shall be outfitted with windows that have a minimum Sound Transmission Class rating of 32. h. All residential units shall be provided with weather-stripped solid core exterior door and exterior wall/roof assembles shall be free of cut outs and openings. i. The residential property manager shall fully disclose the potential noise impacts generated by the school bus yard and assure that all residents are informed of the noise generating school bus safety procedures. j. Prior to obtaining building permits and once precise grading plans, architectural plans, and building designs are complete, a final noise study that specifies interior noise reduction requirements shall be prepared. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 28 Public Facilities Impacts Development of the subject property will result in automotive commercial and residential land uses, which will generate solid waste, green waste, and hazardous waste from the automotive dealerships, and household hazardous waste from the residential component of the project. The proposed development will generate approximately 6,137 pounds of solid waste per day or approximately 1,120 tons per year. The project is not anticipated to produce unusually high quantities of solid waste or hazardous waste. However, the proposed project will result in an increase to the volume of solid waste currently generated within the City of La Quinta, and will contribute solid waste to landfills. In order to limit the amount of solid waste generated, mitigation measures are included in the EIR which will assure that impacts are reduced to less than significant levels. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. All businesses within the project shall be provided recycling receptacles for office wastes. b. Recycling receptacles shall be provided at each trash enclosure within the residential component of the project. c. Landscaping services throughout the site shall be from a company that composts green waste. On -site composting and grass recycling (whereby lawn clippings are left on the lawn) shall be encouraged as appropriate. E. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS Transportation and Traffic Impacts Implementation of the Specific Plan would generate 2,244 daily trips in 2011 and 4,078 daily trips at build out in 2016. The EIR analyzed the impact of these trips on area intersections and road segments, and found that certain intersections will operate at unacceptable levels of service without the implementation of the Specific Plan. In 2011, the intersections are: • Highway 111/Washington Street • Avenue 48/Washington Street The following intersections will operate at unacceptable levels of service in 2016 (at project build out) with or without the implementation of the Specific Plan: Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quints Redevelopment Agency Adopted: May 18, 2010 Page 29 • Highway 111 /Washington Street • Highway 111 /Jefferson Street • Avenue 48/Washington Street • Avenue 48/Jefferson Street The impacts to these intersections are cumulative, and include approved projects in both the City of La Quinta and the City of Indio. At all four intersections, even with the addition of improvements not programmed in the City's Capital Improvement Program (CIP), a LOS of F will occur in the PM peak hour. Further, the intersection of Jefferson Street and Avenue 48 requires the addition of a west bound right turn lane in the City of Indio, which the City of La Quinta cannot compel (please also see below). In 2011, the roadway segment of Dune Palms Road between Westward Ho and Highway 111 will operate at unacceptable levels of service without the proposed project; and in 2016 the following segments will operate at unacceptable levels of service without the project: Dune Palms Road between Westward Ho and Highway 111, Highway 111 between Washington and Adams, Highway 111 between Adams and Dune Palms, Highway 111 between Dune Palms and Depot Drive, Highway 111 between Depot Drive and Jefferson, Highway 111 between Jefferson and Madison. The impact on Dune Palms is due to the need for an additional lane which is not programmed in the City's CIP. The impacts on Highway 111 are due to the need for an additional lane in each direction, which cannot be secured because of existing development which occurs throughout the length of this roadway in the City. The addition of the proposed project, therefore, contributes to cumulatively significant impacts at these intersections and on these roadway segments. Mitigation measures and conditions of approval will be implemented which require that the project pay its fair share of improvements on existing roadways and at intersections. The EIR identifies, however, that these contributions in all cases represent a small amount (less than 10%) of the overall costs associated with these improvements. As the entire funding for these improvements may not be available at the time the project is implemented, it is possible that the improvements will not be completed when the project is operational. This will represent a temporary significant impact at Washington Street at Highway 111 and Washington Street at Avenue 48 in 2011; and at Washington Street at Miles Avenue in 2016. The proposed project will contribute to unacceptable levels of service at Jefferson Street and Avenue 48. The improvements needed to reduce the impacts to less than significant levels will require improvements within the corporate limits of the City of Indio. The City of La Quinta cannot compel these improvements, nor can it assure that the funds needed for the improvements and not the responsibility of the proposed project, can be secured by the City of Indio in a timely manner to address project - related impacts. As a result, the impacts to this intersection must be assumed to Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 30 remain significant and unavoidable, although mitigation measures are included in the EIR in an effort to reduce the impacts. Findings: 1. The City of la Quinta hereby finds that implementation of the Dune Palms & Highway 111 Specific Plan project will result in significant and unavoidable impacts to intersections and roadway segments, which will adversely affect level of service for roadway segments and intersections. No feasible mitigation measures are available to mitigate these impact, insofar as: a. The City of La Quinta has not and cannot secure additional right of way on Highway 111 to add a lane to accommodate traffic growth; b. The City of La Quinta has no Capital Improvement Program funding in place to make the required improvements; and c. The City of La Quinta cannot compel the City of Indio to make improvements for which it has no Capital Improvement Program, and no identified funding. 2. The City of La Quinta finds that these unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. 3. The City of La Quinta hereby finds that the improvements required to maintain General Plan designated levels of service have been determined to be infeasible. Roadway widening to 8 lanes on Highway 111 would be required, with or without the proposed project, to maintain acceptable levels of service on this roadway. No feasible mitigation measures are available to mitigate this impact, insofar as right of way has not been secured, and structures and other improvements occur along Highway 111; and the City has no capital improvement plans in place to acquire right of way or provide improvements. The City of La Quinta finds that the unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. 4. The City of La Quinta hereby finds that most of the identified impacts are associated with projected growth in background traffic by 2016. Most significant effects that can be feasibly avoided have been reduced by virtue of mitigation measures in the EIR. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. In addition, impacts to transportation and traffic from the proposed project are considered significant on a cumulative basis in association with other Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 31 projects occurring on a local and regional scale. The City of La Quinta finds that the unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the cumulative nature of the impacts, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 32 EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS The City of La Quinta ("City") hereby adopts and makes this statement of overriding considerations concerning the Dune Palms Road & Highway 111 Specific Plan's unavoidable significant impacts to explain why project benefits override and outweigh unavoidable impacts. CEQA requires the decision -making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. Those reasons are provided in this Statement of Overriding Considerations. The City finds that the project will create substantial economic, legal, social, technological, or other benefits that will enhance the quality of life for residents, businesses and visitors, resulting in increased investment within the City of La Quinta. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. The following overriding considerations apply independently to each unavoidable impact: Implementation of the Specific Plan will provide the City with 200 homes for very low-, low- and/or moderate -income households, helping the City to meet its Regional Housing Needs Assessment for the 2006-2014 planning period. 2. The addition of three automotive dealerships and similar services will provide an economic benefit to the City in the form of sales tax revenue, which can be used for the provision of on -going services to City residents, businesses and visitors. 3. The addition of a Mixed Use project in close proximity to employment will provide a social benefit, allowing lower income households an opportunity to find employment in close proximity to their residence. 4. The addition of a Mixed Use project in close proximity to Highway 111, the City's primary east -west arterial, will provide an environmental benefit in the form of a reduction in air emissions associated with the use of transit services already available on Highway 111, and reduction in vehicle miles traveled due to the proximity of residences to commercial retail services. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 33 5. Implementation of the proposed project will add to the City's jobs/housing balance, by increasing the number of jobs available to City residents. Build out of the Specific Plan is projected to have a net positive effect on the City's economy. Major revenue sources will include property tax and sales tax, while additional revenue sources will be generated from developer impacts fees, building permits, business licenses, and other development -related fees. The economy of the project is expected to be self-sustaining at build out, as its annual revenues are expected to outweigh its annual costs. The City finds that the specific benefits associated with the proposed project override and outweigh the project's significant environmental impacts identified in the EIR and in the record. In making this finding, the City has balanced the benefits of the Specific Plan against its unavoidable impacts and has determined that the project's unavoidable impacts are acceptable in light of these benefits. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 34 EXHIBIT "C" MITIGATION MEASURES Greenhouse Gas Emissions Mitigation Measures 1. During project construction, on -site off -road construction equipment shall utilize biodiesel fuel (a minimum of B20), except for equipment where use of biodiesel fuel would void the equipment warranty. The applicant shall provide documentation to the City that verifies that certain pieces of equipment are exempt, a supply of biodiesel has been secured, and that the construction contractor is aware that the use of biodiesel is required. As a conservative measure, no reduction in GHG emissions was taken for the implementation of this measure as it is unknown if biodiesel can be readily applied to the various pieces of construction equipment that will be necessary for the project. 2. In order to reduce Project -related air pollutant and greenhouse gas (GHG) emissions, and promote sustainability through conservation of energy and other natural resources, building and site plan designs shall ensure that the Project energy efficiencies surpass applicable 2008 California Title 24 Energy Efficiency Standards by a minimum of 20 percent. Verification of increased energy efficiencies shall be shall be documented in Title 24 Compliance Reports provided by the Applicant, and reviewed and approved by the City prior to the issuance of the first building permit. Any combination of the following design features may be used to fulfill this mitigation measure provided that the total increase in efficiency meets or exceeds 20 percent beyond 2008 Title 24 standards: • Buildings shall exceed California Title 24 Energy Efficiency performance standards for water heating and space heating and cooling, as deemed acceptable by the City of La Quinta. • Increase in insulation such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption. • Incorporate dual -paned or other energy efficient windows. 0 Incorporate energy efficient space heating and cooling equipment. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quints Redevelopment Agency Adopted: May 18, 2010 Page 35 • Incorporate the use of tankless water heaters in all residential units and community buildings. • Promote building design that will incorporate solar control in an effort to minimize direct sunlight upon windows. A combination of design features including roof eaves, recessed windows, "eyebrow" shades and shade tress shall be considered. • Interior and exterior energy efficient lighting which exceeds the California Title 24 Energy Efficiency performance standards shall be installed, as deemed acceptable by City of La Quinta. Automatic devices to turn off lights when they are not needed shall be implemented. • To the extent that they are compatible with landscaping guidelines established by the City of La Quinta, shade producing trees, particularly those that shade paved surfaces such as streets and parking lots and buildings shall be planted at the Project site. • Paint and surface color palette for the Project shall emphasize light and off- white colors which will reflect heat away from the buildings. • All buildings shall be designed to accommodate renewable energy sources, such as photovoltaic solar electricity systems, appropriate to their architectural design. • Consideration shall be given to using LED lighting for all outdoor uses (i.e. buildings, pathways, landscaping, carports). 3. To reduce energy demand associated with potable water conveyance, the Project shall implement the following: • Landscaping palette emphasizing drought tolerant plants; • Water efficient landscaping; • Use of water -efficient irrigation techniques; • U.S. EPA Certified WaterSense labeled or equivalent faucets, high -efficiency toilets (HETs), and water -conserving shower heads. 4. The project will recycle and/or salvage non -hazardous construction and demolition waste, and develop and implement a construction waste management plan. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18. 2010 Page 36 Biological Resources Mitigation Measures 1. To comply with the MBTA, a nesting bird survey will be required prior to the removal of any vegetation or trees, or grading on the site, if such activity is to occur between January 1 and August 31 of any year. The nesting bird survey will be conducted by a qualified biologist, and end no less than 3 days prior to the activity. The biologist's report of the survey, and any measures required to protect nesting birds, shall be approved by the City prior to the initiation of any activity. This mitigation measure will not apply if vegetation or tree removal, or grading, are proposed between September 1 and December 31 of any year. 2. Within 30 days of the initiation of any grubbing or grading activities on the site, a protocol -compliant Burrowing Owl survey shall be conducted by a qualified biologist. If the species is identified on the site, CDFG shall be consulted, and mitigation measures implemented to avoid or relocate the owls. 3. Following final design of the stormwater outfall structure, the project proponent shall secure a Streambed Alteration Agreement from the California Department of Fish and Game, prior to the initiation of any construction activity in the LQEC. 4. Following final design of the stormwater outfall structure, the project proponent shall secure a 401 Permit from the Regional Water Quality Control Board, if necessary. Cultural Resources Mitigation Measures 1. The project site shall be monitored during on- and off -site grubbing, trenching and rough grading by qualified archaeological monitors, including a Native American monitor. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment upon the discovery of cultural resources to allow for City notification and analysis. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the project. Collected archaeological resources shall be properly packaged for long-term curation. In polyethylene self -seal bags. Vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City Planning department prior to issuance of first Certificate of Occupancy for the property. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 37 Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Hazardous Materials Mitigation Measures 1. The handling, storage, transport, and disposal of all potentially hazardous materials and waste, including chemicals, herbicides and pesticides, and runoff, at the project site, shall be in accordance with the City's BMP/Integrated Waste Management Plan and other applicable City, county, state, and federal regulations. 2. Development within the Specific Plan area shall be required to comply with all applicable federal, state, and regional permitting requirements for hazardous and toxic materials generation and handling, including but not limited to the following: a. If it is determined that hazardous wastes are, or will be, generated by any proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). b. If hazardous wastes are (a) stored in tanks or containers for more than ninety days, (b) treated on -site, or (c) disposed of on -site, then a permit from the Department of Toxic Substances Control (DTSC) may be required. 3. Hazardous material and waste storage within the proposed project shall be secured so as to minimize risk of upset in the event of groundshaking associated with earthquakes. Hydrological Resources Mitigation Measures 1. Project proponent(s) shall coordinate with the City and the Department of Fish and Game to secure required permits for construction activities within the Evacuation Channel. 2. Pollution control techniques/facilities shall include periodic street cleaning, the careful control/monitoring of auto -related wastes, and if needed the intercepting and/or pre-treatment of runoff prior to discharge into the retention areas. 3. The use of low -flush toilets and water -conserving faucets, dishwasher, and washing machines shall be required in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Code of Regulations Section 1601(b), and applicable sections of Title 24 of the State Code. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Man City of La Quints Redevelopment Agency Adopted: May 18, 2010 Page 38 4. The City of La Quinta and CVWD shall assure that adequate evacuation routes, as well as ingress and egress access for emergency response vehicles and personnel, are clearly marked and available on -site during a major flooding event. Noise Mitigation Measures 1. All construction equipment operating onsite shall be fitted with well -maintained, functional mufflers. 2. All stationary construction equipment shall be directed away from sensitive noise receptors. 3. Equipment staging shall be located as far as possible on the site from any noise sensitive receptors. 4. Construction hours and haul truck deliveries shall be limited to those prescribed in City ordinances. 5. A final noise study shall be prepared and submitted with building permits. The noise study shall demonstrate that all residential units within the project will meet interior and exterior noise standards, with a particular focus on the units occurring along the southern boundary of the project site. The noise attenuation methods required to assure that City standards are met may include all or some of the following techniques, as long as City standards are met or exceeded: • In order to reduce the noise levels at exterior living areas in the southern portion of the site, the proposed 25 foot tall apartment buildings shall be connected by a 20 foot tall sound wall. The wall shall be high enough to block the view of "A" Street to stop the linear progression of noise from the school bus yard, will have no decorative cutouts or line -of -site openings, and weigh at least 4.5 pounds per square foot of face area. • The row of apartments at the southernmost portion of the site, adjacent to the school bus yard shall be improved with limited or no operable windows on the south wall, and windows shall be upgraded to a Sound Transmission Class rating of 44. In addition, walls, doors, and roof assemblies shall be upgraded to reduce noise impacts. 6. All residential units shall be designed to allow for a "windows closed" condition, which requires a means of mechanical ventilation (air conditioning). Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 39 7. Units other than those within the southernmost apartment complex shall be outfitted with windows that have a minimum Sound Transmission Class rating of 32. 8. All residential units shall be provided with weather-stripped solid core exterior door and exterior wall/roof assembles shall be free of cut outs and openings. 9. The residential property manager shall fully disclose the potential noise impacts generated by the school bus yard and assure that all residents are informed of the noise generating school bus safety procedures. 10. Prior to obtaining building permits and once precise grading plans, architectural plans, and building designs are complete, a final noise study that specifies interior noise reduction requirements shall be prepared. Public Services & Utilities Mitigation Measures 1. All businesses within the project shall be provided recycling receptacles for office wastes. 2. Recycling receptacles shall be provided at each trash enclosure within the residential component of the project. 3. Landscaping services throughout the site shall be from a company that composts green waste. On -site composting and grass recycling (whereby lawn clippings are left on the lawn) shall be encouraged as appropriate. Traffic Mitigation Measures 1. The intersection of Jefferson Street with Avenue 48 is located within both the City of La Quinta and the City of Indio. The City of Indio has no program to improve its half of the intersection. In order to reduce potentially significant project specific and cumulative impacts at these intersection the City of Indio must either: a. adopt a reasonable program of actual mitigation that the City of Indio commits itself to implement, or b. otherwise obtains the balance of the funding needed for improvement to the Jefferson/Ave. 48 intersection (a westbound right -turn lane and an eastbound right -turn overlap phasing). The project sponsor shall be required to pay its fair share into that program, i.e., 3.2% and 2.2% for the improvement, respectively. Resolution No. 2010-036 Certifying Environmental Impact Report 2008-600 Dune Palms Road & Highway 111 Specific Plan City of La Quinta Redevelopment Agency Adopted: May 18, 2010 Page 40 If the City of Indio takes either of these steps, the project sponsor shall be required to pay its fair -share contribution for these improvements to the City of Indio, or to another entity as directed by the City of Indio, prior to obtaining its next building permit for the project. Water Resources Mitigation Measures 1. The following general landscape design principles shall be integrated into the project:' a. To the greatest extent practicable, native plant materials and other drought - tolerant plants shall be used in all non -turf areas of project landscaping. b. Inorganic landscape materials, including boulders, cobble, gravels and crushed granitic materials, shall be used throughout the landscape to help naturalize the design, provide additional structure and pattern to the landscape, and eliminate the need for watering in these areas. c. Expanses of lawn shall be limited to the Active Space Core, which provides recreational opportunity to the residents of the development. 2. Should recycled water be made available by the Coachella Valley Water District to the site, the proposed project shall irrigate landscaping with recycled water.