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CC Resolution 2013-009 GP 2034 EA + MMPRESOLUTION 2013 — 009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT (SCH#2010111094) PREPARED FOR THE 2035 LA QUINTA GENERAL PLAN UPDATE IS ADEQUATE, MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, pursuant to California Government Code Section 65302, the La Quinta 2035 General Plan Update has been prepared; and WHEREAS, a Greenhouse Gas Inventory and Reduction Plan has been prepared in conjunction with the General Plan Update pursuant to California Health and Safety Code Section 38550 et. seq.; and WHEREAS, it was determined pursuant to California Environmental Quality Act ("CEQA") and the CEQA Guidelines (Title 14 California Code of Regulations Sections 15000 et seq.) that the implementation of General Plan Update ("Project") could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on November 22, 2010, 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 as well as various mitigation measures to reduce the impacts, and on July 12, 2012, circulated the DEIR for public and agency comments; and WHEREAS, the public comment period for the DEIR closed on August 27, 2012; and WHEREAS, the Planning Commission of the City of La Quinta did on the 11`h day of September, 2012, hold a duly noticed Public Hearing to consider the draft Environmental Impact Report and, after considering all comments_ received as well Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 2 of 46 as all testimony and arguments, adopted Planning Commission Resolution 2012- 015, recommending City Council adoption of the draft Environmental Impact Report; and WHEREAS, it is the policy of the State of California and the City, in accordance with CEQA and the CEQA Guidelines, that the City shall not approve a project that has significant effects on the environment unless there is no feasible way to lessen or avoid the significant effects and that the benefits of approveing the project outweigh the unavoidable significant impacts, such that the impacts are acceptable based on CEQA Guideline Section 15093; and WHEREAS, the City Council of the City of La Quinta has read and considered all environmental documentation comprising the EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and WHEREAS, the CEQA and the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding. WHEREAS, the City Council has reviewed the attached CEQA Findings and Statement of Facts as well as the attached Statement of Overriding Consideratins; and WHEREAS, prior to action on the project, the City Council has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and WHEREAS, pursuant to CEQA Guideline Section 15093(b), the City must state in writing the reasons to support its action based on the EIR and/or other information in the record. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does hereby find as follows: SECTION 1. Cerfification of EIR. Based on its review and consideration of the Final EIR and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, the City Council certifies that the Final EIR has been completed in compliance with CEQA and the Resolution No. 2013-009 EIR—Overiding Considerations Adopted: February 19, 2013 Page 3 of 46 State and local CEQA Guidelines. The City Council finds that the Final EIR reflects the City Council's independent judgment and analysis as lead agency under CEQA, and hereby adopts and certifies the Final EIR as complete and adequate. The City Council further certifies that the Final EIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to approving the 2035 La Quinta General Plan Update. SECTION 2. CEQA Findings. The City Council hereby adopts the CEQA Findings and Statement of Facts attached as "Exhibit A," which exhibit is incorporated herein as though set forth in full. SECTION 3. Statement of Overriding Considerations. The City Council hereby adopts the Statement of Overriding Considerations attached as Exhibit "B" which exhibit is incorporated herein as though set forth in full. SECTION 4. Mitigation Plan Approval. Although the Final EIR identifies certain significant environmental effects that would result from approval of the Project, certain environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the Final EIR and the Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15097, the City Council hereby adopts and approves the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "C," which is incorporated herein by reference as though set forth in full. The City Council further finds that the mitigation measures identified in the Final EIR are feasible. SECTION 5. No Significant New Information Added to Draft EIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft EIR, the information added to the Final EIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Draft EIR, do not constitute significant new information that would require recirculation of the Draft EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5. SECTION 6. Location and Custodian of Record of Proceedings. The Planning Department of the City of La Quinta, located at 78-495 Calle Tampico, La Quinta, CA 92253-1504, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code § § 6250 at seq.) during normal business hours. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 4 of 46 SECTION 7. Notice of Determination. The Planning Director shall 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 (5) working days after this approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1 gtn day of February, 2013, by the following vote: AYES: Council Members Evans, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: Council Member Franklin ABSTAIN: None O ADO H, yor City of La Quinta, California ATTEST: ( 'di� - SUSAN M YSELS, Ci Clerl UU City of La Quinta, California (CITY SEAL) r' . APPROVED AS TO FORM: M.11%TfiERINE JENPON, City Attorney Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 5 of46 EXHIBIT "A" CEO.A FINDINGS AND STATEMENT OF A. INTRODUCTION Project Description The purpose of the EIR is to assess the environmental constraints and opportunities associated with the adoption and implementation of the proposed La Quinta General Plan Update, and evaluate the impacts of build out of the General Plan Land Use Map (please see DEIR Exhibit 1-5). The DEIR summarizes the land use designations and the major goals. and policies established in the General Plan. It utilizes a range of technical data, which has served as the basis for evaluating a variety of environmental issues relevant to the City and its Sphere. Environmental issues considered in this EIR include but are not limited to the following: land use compatibility, traffic and circulation, flooding and hydrology, geotechnical and seismic safety, biological and archaeological resources, and noise impacts. In addition, the EIR considers the availability -of public services and facilities associated with General Plan implementation. Project Location The City of La Quinta General Plan Update Planning Area encompasses approximately 48.3 square miles situated in the south central portion of the Coachella Valley, in central Riverside County, California. The Planning Area is generally bounded on the north by lands south of Hidden River Road, on the south by Avenue 64, on the west and southwest by the Santa Rosa Mountains, and on the east by Harrison Street. The General Plan Update Planning Area is comprised of lands within the City's corporate limits, as well as the City's Sphere of Influence. The incorporated limits of the City of La Quinta encompass 35.7± square miles, which are developed for a range of residential, resort and resort residential, commercial and open space uses. The Sphere of Influence totals 12.6± square miles. The Sphere occurs in two locations: a small area to the north of the City's corporate limits, and the majority of these lands located to the east of the City's corporate limits. Lands included in the City's Sphere are those identified by the Local Agency Formation Commission (LAFCO).as being a logical extension of the Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 6 of 46 City in the long term. Only if these lands are annexed will the City have jurisdiction over their development. All lands in the Sphere currently fall under the jurisdiction of the County of Riverside. CEQA Requirements The City of La Quinta proposes to adopt the 2035 La Quinta General Plan Update. Because the proposed action 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, the City has prepared a Draft Environmental Impact Report (DEIR). The DEIR identifies certain 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 Environmental Impact Report (EIR) has been completed and which identifies one of more significant effects of the project unless the public agency makes one of more of the following written findings for each of the significant effects, accompanied by a Statement of Facts 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 Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. The City proposes to approve the proposed project, and the findings set forth herein are made. B. EFFECTS DETERMINED TO BE INSIGNIFICANT As part of the Initial Study process, the Environmental Checklist Form suggested by the CEQA Guidelines and utilized by the City of La Quinta was reviewed to assure that all environmental issues required to be addressed -by CEQA would be Resolution No. 2013-009 EIR-Ovending Considerations Adopted: February 19, 2013 Page 7 of 46 addressed in the EIR. It was determined that the proposed project would have no impact on the following environmental areas of concern: Biological Resources: would the project: e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Hazards and Hazardous Materials: would the project: f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Noise: would this project: f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Population and Housing: would the project: b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT Aesthetics The 2035 General Plan Update will facilitate new development throughout the Planning Area through the adoption of its Land Use Map, and policies promoting development. Therefore, the General Plan Update has the potential to impact the existing aesthetic quality of the Planning Area. The General Plan Update does not, however, propose any significant changes to the land use pattern in the City. The General Plan Update provides policies and programs to protect existing views and maintain existing scenic vistas. These include policies relating to the preservation of existing neighborhoods, and the implementation of development standards to reduce impacts from new or redeveloped projects on adjacent lands. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 8 of 46 Further, the City will continue to implement its Zoning standards, which limit building height, and control mass and scale. The Sustainable Community Element also contains policies geared to high quality design in harmony with the natural environment, as well as the preservation of natural resources. The policies and programs contained in that Element will also limit the potential impacts on scenic vistas resulting from implementation of the General Plan Update. As a result, impacts on scenic vistas caused by implementation of the General Plan Update will be less than significant. Scenic Resources includes trees, rock outcroppings, and historic buildings that are visible from a state scenic highway. Currently, there are no state scenic highways that run through La Quinta or the Sphere of Influence. Therefore, impacts to scenic resources along a state scenic highway will be less than significant. Light and glare impacts are associated with increased urbanization. Within the City limits, the majority of lands are developed, and daytime and nighttime skies are already affected to a limited extent by light and glare. The adoption of the General Plan Update will facilitate similar development patterns in the City to those that exist today. Further, the General Plan Update maintains policies and programs currently in effect that limit lighting, and the City's Municipal Code prohibits light spillage onto neighboring properties. Therefore, implementation of the General Plan Update will have a less than significant impact on light and glare impacts within the City. The La Quinta 2035 General Plan Update will facilitate continued urbanization in areas that are undeveloped, but also provides goals, policies and programs to reduce aesthetic impacts associated with new development. The City's land use pattern will not change due to the Update, and the Land Use and Sustainable Community Elements will control the mass, scale and bulk of new projects and redeveloped sites. Impacts associated with aesthetics are expected to be less than significant. Land Use Planning Potential land use incompatibilities are addressed through policies and programs set forth in the General Plan and through adherence to the Municipal Code. The General Plan also includes policies and programs designed to assure that adequate infrastructure is available prior to development occurring in an area; and that land use compatibility and neighborhood character be preserved throughout the City and Sphere. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 9 of 46 A Master Plan of Development for the eastern Sphere of Influence will be prepared that will be reflective of the community's wants and needs. Development within the Sphere of Influence shall be subject to policies set forth in the Master Plan. These policies and programs reduce the potential impacts associated with land use and planning to less than significant levels. No mitigation is required. Mineral Resources The General Plan Update will facilitate new development or redevelopment throughout the City and Sphere. There are no mining operations occurring within the Planning Area. The majority of lands within the City are developed. Remaining vacant lands include infill lots, and scattered parcels located primarily within the Cove area and southwestern portion of the City Limits, which may develop according to land use designations proposed by the General Plan Update. As shown in Exhibit III-1 1, these areas are located in MRZ-3, or areas containing known or inferred mineral deposits, the significance of which cannot be evaluated from available data. These areas, however, are surrounded by urban development, and mineral extraction activities are incompatible and unlikely on remaining vacant parcels. Implementation of the General Plan Update does not result in loss of availability of locally important mineral resource considered valuable to the region and state, and does not result in the loss of availability of mineral resource recovery sites delineated on a local general plan, specific plan or other land use plan. Impacts on mineral resources caused by the implementation of the General Plan Update will be less than significant. Recreational Resources The General Plan requires the provision of 5 acres of parkland for each 1,000 population. Based on this standard, a population of 79,956 at build out of lands within the City limits would require a total of 395 acres of parkland. With implementation of required fees for new development projects, implementation of the General Plan Update will have less than significant impacts to existing parks within the City. Implementation of the General Plan Update has the potential to result in the development of approximately 20,699 new residential units within the Sphere at build out. Total population within the Sphere is expected to reach 54,396 residents. The General Plan requires 5 acres of parkland per 1,000 residents. Based on.this standard, a population of 54,396 residents at.build out would require a.total Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 10 of 46 of 272 acres of parkland, if the Sphere were annexed to the City. With implementation of required fees for new development projects, implementation of the General Plan Update will have less than significant impacts to existing parks within the City or its Sphere of Influence. D. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE Agricultural Resources The General Plan Update will facilitate continued urbanization in areas that are undeveloped and used for agriculture. In 2008, there were approximately 1,700 acres of important agricultural land located in the City, and 7,391 acres in the Sphere of Influence, for a total of 9,091 acres. 582 acres of land with Williamson Act contracts are located within the Sphere of Influence. Based on 2008 Riverside County data, approximately 218.9 acres were in renewal, and 363 acres were in non -renewal. Land designated as important farmland represents 1.3% of the total important farmland in the County. The eventual loss of these lands will not significantly impact agriculture in the region. The eastern Sphere of Influence is designated primarily as Low Density Residential, and requires the preparation of a master plan prior to annexation. The master plan is further required to reflect the character of the area. Annexation to the City cannot occur without the completion of this master plan. Based on the character of the area, it can be expected that the master plan will contain provisions for equestrian and agricultural facilities, and that agricultural uses would remain within the land use mix of the area. The General Plan Update will not directly require conversion of farmland to non- agricultural uses, however indirect pressures may encourage agricultural landowners to sell or develop the land. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. Prior to lands under Williamson Act contract being annexed into the City of La Quinta, the City shall coordinate with property owners, County of Riverside, and appropriate state agencies to assure transfer of Williamson Act contracts to the City. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page I of46 b. The master plan for the Vista Santa Rosa area will incorporate the area's agricultural character. c. New development will be required to provide buffers adjacent to existing agricultural lands. d. Incorporate date palms, citrus trees, or other important crops into landscape plans for open space, right-of-way landscaping, and parks to the greatest extent possible. Biological Resources The ultimate build out of the General Plan Planning Area has the potential to significantly impact biological resources by reducing native habitat areas and directly affecting fauna. However, the majority of lands on which development will occur are on the Valley floor, in areas already impacted by urban development or agricultural activities. These areas are part of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), and new development projects will be required to pay mitigation fees associated with the MSHCP to allow for the preservation of habitat and species in designated conservation areas. Conservation areas designated under the MSHCP will be restricted in development, per the requirements of the Plan. Areas where non -covered sensitive species occur are identified in the General Plan, and the Plan requires the preparation of special studies for projects proposed in those areas. Those studies will provide an assessment of the potential impacts, and recommend mitigation measures if necessary. The General Plan also designates Natural Open Space for hillside areas on the west and southwest portions of the City, which are areas of potential habitat for the endangered Peninsular Bighorn Sheep. The Natural Open Space designation will not result in development in these areas, and will protect these lands for the long term. Finally, existing regulations, including the provisions of the MSHCP, the requirements enforced by the California Department of Fish and Game, the US Fish and Wildlife Service and the US Army Corps of Engineers will continue to be enforced by the City. These requirements and regulations are designed to protect species, water bodies and habitats from negative impacts associated with development. The General Plan acknowledges these requirements, and includes policies to maintain their implementation for future projects as they are proposed. Findings. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 12 of46 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall require payment of Coachella Valley Multiple Species Habitat Conservation Plan mitigation fees prior to issuance of occupancy permits for development projects required to pay such fees. b. The City shall refer land owners and developers of lands slated for conservation under the MSHCP to the Coachella Valley Association of Governments and/or Coachella Valley Conservation Commission for guidance and permitting assistance. c. The City shall maintain and update as necessary all maps of conservation and mitigation fee boundaries for the MSHCP. Cl. Where appropriate, the City shall require site -specific, species -specific surveys for the seven species not covered by the MSHCP. e. Projects proposed for development within areas identified as having potential for occurrence of Glandular Ditaxis, California Ditaxis, Prairie Falcon, Black -tailed Gnatcatcher, Loggerhead Shrike and Pocketed Free -tailed Bat, as identified in the General Plan, shall be required to retain a qualified biologist to prepare biological resource surveys. f. Prior to the issuance of any ground disturbing permit for qualifying projects in a Conservation Area, the City shall require a protocol compliant survey for Burrowing Owl, in compliance with the MSHCP Section 4.4. g. The City shall require protocol compliant surveys for burrowing owl prior to the issuance of any ground -disturbing permit for fallow lands outside MSHCP Conservation areas. h. The City's Land Use Map shall designate as "Open Space" all publicly owned Conservation lands for the MSHCP. In compliance with the requirements of the Migratory Bird Treaty Act (MBTA), the City shall continue to require that for development projects proposing removal of vegetation between March and August, a qualified biologist shall be retained to determine whether any bird nests or young occur on the site, and if they occur, to provide mitigation measures compliant with the MBTA. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 13 of 46 j. In compliance with the regulatory requirements of the California Department of Fish and Game, the U.S. Army Corps of Engineers and the Regional Water Quality Control Board as they relate to "waters of the State of California" and/or "waters of the United States", and prior to the initiation of any project within the Coachella Valley Stormwater Channel, the City shall require consultation and/or permitting by State and federal agencies be demonstrated in writing. k. Prior to the initiation of any project within any defined blueline stream other than the Coachella Valley Stormwater Channel, the City shall require that consultation and/or permitting by California Department of Fish and Game be demonstrated in writing. I. The City shall encourage new development projects to incorporate native desert plant materials into project landscaping to the greatest extent possible, and shall discourage the use of invasive, non-native species. m. The City shall use zoning standards and the design review process to assure that adequate buffers are provided between urban development and environmentally sensitive areas, including Conservation Areas for the MSHCP, to the greatest extent possible. Cultural Resources Previously completed cultural surveys have identified approximately 500 archaeological sites, both historic and prehistoric, throughout the entire General Plan Update Planning Area. Future development projects, including modifications to existing buildings, demolition, grading activities, site excavation, and construction could potentially result in direct or indirect disturbance or destruction of historic resources. The General Plan requires site specific studies be conducted when development is proposed. These studies will include an assessment of potential impacts to historic resources, and assure that impacts to these resources are reduced to less than significant levels. Vacant lands that have not been surveyed may contain buried archaeological resources. Future construction activity on these lands, including grading activity, site excavation, and general construction could potentially result in direct or indirect disturbance or destruction of archaeological resources. Site surveys are required by the City as part of the entitlement process, to assess potential harm to these resources. Implementation of the General Plan could facilitate development within the Sphere of Influence, if these areas are annexed. As a result, impacts to unknown cultural Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 14 of 46 resources could occur. The City's survey requirements for historic and prehistoric resources would be applied for these properties to assure said resources are identified and protected. Implementation of the General Plan Update will facilitate new development throughout the Planning Area. The City and its Sphere exhibit varying degrees of paleontological sensitivity according to soil types. Sediments related to ancient Lake Cahuilla beds exhibit the highest paleontological sensitivity. Granitic rock soils found along the Coral Mountains which surround the Cove have low paleontological sensitivity. New development activity, including construction, grading, and other site disturbances in moderate and high sensitivity areas has the potential to impact paleontological resources. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City will continue to pursue government -to -government consultation with pertinent Native American representatives and tribal organizations, as required by SIB 18. b. All proposed project sites will be surveyed by a qualified archaeologist, historian, and/or architectural historian, as appropriate, to identify any potential cultural resources that may be affected unless existing evidence shows that such survey is unnecessary. c. The City will maintain and expand as necessary the existing historical resources inventory to provide a comprehensive and up-to-date register of known cultural resources in the Planning Area. d. New development projects proposed for areas of high sensitivity for paleontological resources shall be required to prepare paleontological resource surveys as part of the entitlement processing. e. A paleontological resource evaluation shall be prepared in conjunction with site specific geotechnical analysis required for grading and building permits for projects located in low paleontological sensitivity and undetermined areas. Evaluation should include bore samplings to understand whether grading and/or building will impact underlying Pleistocene or older soils. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 15 of 46 f. The City will require a paleontological monitor during earth moving activities in high sensitivity areas. Geology and Soils Although no active or potential active faults occur in the Planning Area, geological analyses conducted for the General Plan indicates that the Planning Area could experience moderate to very high ground shaking from earthquakes along the San Andreas Fault. These levels of ground shaking have potential to cause moderate to heavy damage, especially to older and poorly constructed buildings. Strong ground shaking can also result in indirect hazards, including slope instability, liquefaction, settlement, landslides, and flood inundation, urban fires, failure of water storage or containment structures, such as levees, dikes or reservoirs, and toxic chemical releases. Several areas in the City and Sphere have potential to be impacted by liquefaction. There is a moderate potential for liquefaction in the southeastern portion of the Planning Area, and a high potential in the eastern Sphere. Areas at risk due to seismically induced slope instability occur within the southern and western portions of the Planning Area near the base of steep slopes associated with the Santa Rosa and San Jacinto Mountains. These areas have been mapped and are shown in the General Plan as well as the EIR. For the most part, development is expected to be limited within these areas. Nonetheless, lands downslope of mountain slopes and hillsides may be susceptible to risks associated with landslide and rockfall. The Planning Area is not within an inundation area for a dam under the jurisdiction of the California Division of Dam Safety. Potential for seismically induced inundation in the Planning Area may occur in the event of levee failure along the Coachella Valley Stormwater Channel, the Coachella Canal and Lake Cahuilla. Above -ground water storage reservoirs in the Planning Area contain large quantities of water. If these structures are damaged in an earthquake, downslope areas are at risk of flooding. Alluvial and windblown soils occur in various portions of the Planning Area. Windblown sand deposits occur in the northern City and Sphere, while soils associated with alluvial fan deposits occur throughout the southern and western/northwestern portions of the City. Soils associated with alluvial (water) and aeolian (wind) processes are subject to loss of cohesion when saturated, which may result in collapse and/or hydroconsolidation. Structures built on these soils may be damaged as a result. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 16 of 46 Much of the Planning Area is underlain by lacustrine deposits associated with ancient Lake Cahuilla. These soils contain varying amounts of clay and silt, which may be expansive. Shrinking and swelling can result in damage to structures and other surface improvements. Ground subsidence is a regional issue in that it is thought to be related to reductions in groundwater supplies in the aquifer. It is being addressed through Coachella Valley Water District water management programs, including groundwater recharge and water conservation programs. Wind erosion, which occurs through much of the Valley, including the Planning Area, affects overall air quality, health, and can result in damage to structures. Much of the Planning Area is within an active wind erosion zone. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall periodically confer with the California Geological Survey, Riverside County, neighboring communities, and other appropriate agencies to improve and routinely update the database of local and regional geologic conditions, including seismic and geotechnical hazard in the General Plan Area. b. The City shall continue to require that development in areas subject to rockfall, landslide, liquefaction and/or other geotechnical hazards prepare detailed geotechnical analyses that include mitigation measures intended to reduce potential hazards to less than significant levels. c. The City shall continue a cooperative agreement with the County Geologist, State Geologist, or contract state -certified geologist and/or geological engineer to review and determine the adequacy of geotechnical, fault hazard studies and/or soils studies for proposed projects in the General Plan Area, and to enforce the implementation of mitigation measures. d. The City shall require that development in areas subject to collapsible or expansive soils conduct soil sampling and laboratory testing and implement mitigation measures that minimize such hazards. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 17 of46 e. The City shall require that all new structures be built in accordance with the latest version of the California Building Code (CBC). f. The City shall continue to encourage that structures that pose a safety threat due to inadequate seismic design are retrofitted or removed from use. The City shall encourage all other property owners to seismically upgrade their properties. g. The City shall consult and coordinate with California Geological Survey, Coachella Valley Water District and other appropriate agencies to support and participate in local and regional efforts at groundwater conservation and recharge in order to minimize potential impacts of subsidence due to groundwater extraction, including the periodic monitoring of groundwater levels and surface elevations in the City. h. The City shall coordinate and cooperate with public and quasi -public agencies to ensure that major utilities shall continue to be functional in the event of a major earthquake. Hazards and Hazardous Materials Implementation of the General Plan Update will facilitate new growth and development across the City and the Sphere. Increased growth will not only result in an increased population susceptible to hazards and hazardous materials, but will include businesses and development projects that use, store, and/or transport hazardous material. As a result, build out of the proposed General Plan has the potential to increase the number of people that are susceptible to hazards and hazardous materials in the Planning Area. New growth and development facilitated by the General Plan Update will have the potential to increase populations living in the vicinity of hazardous materials transport routes. The transport of hazardous materials is highly regulated by various government agencies, such as Caltrans, the California Highway Patrol, and the US Department of Transportation, and cleanup and containment of these accidents is monitored by these same agencies. Emergency evacuation and response plans, such as Code RED, are already developed in La Quinta to provide automated notification to residents during an emergency, including hazardous waste spills. The General Plan Update could result in approximately 8,114 additional residential units in the City Limits, and 20,699 new units within the Sphere of Influence. These new residential uses have the potential to use and store household cleaning supplies, chemicals, batteries, fluorescent bulbs, and other potentially hazardous materials. The amount of hazardous materials used by these new residential uses will be typical of what is found within existing neighborhoods. throughout the Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 18 of 46 region. Hazardous waste disposal centers throughout the Coachella Valley, including the Burrtec Waste and Recycling Center in Palm Desert, and the household hazardous waste facility in Palm Springs, are available for residents to dispose of household hazardous waste. The General Plan Update proposes approximately 3,218,039 square feet of additional commercial uses in the City, 2,458,797 square feet of additional commercial in the Sphere of Influence, 611,408 square feet of new industrial/light manufacturing uses in the Sphere of Influence, and approximately 195 acres of new community facilities. New golf courses throughout the Planning Area may also use and store hazardous materials, such as pesticides and fertilizers. The Riverside County Department of Health is responsible for managing a list of all hazardous waste generators in the County. New hazardous waste generators that locate in the Planning Area will be required to abide by Department policies, and register on the hazardous waste generator list. This list provides residents and public officials information as to where hazardous materials are located throughout La Quinta. The General Plan Update Planning Area is not located on the "Cortese" list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and managed by the California Environmental Protection Agency. The closest active hazardous materials site in the region is located on the Jacqueline Cochran Regional Airport located east of the Planning Area. Hazardous materials at this site are associated with the airport facilities, as well as historic Army and Navy uses. The Jacqueline Cochran Regional Airport is immediately adjacent to the eastern boundary of the Sphere of Influence. Eastern portions of the La Quinta Planning Area are located within the Jacqueline Cochran Airport Influence Area Zone D and E of the Compatibility Plan. The County of Riverside has prepared the Riverside County Airport Land Use Compatibility Plan, which provides policies for Airport Influence Areas for all airports in the County. New development within the eastern boundary of the Sphere of Influence will need to abide by Compatibility Plan polices and land use regulations. The General Plan Update Planning Area is also near the Bermuda Dunes airport. According to the Riverside County Airport Land Use Compatibility Plan, the far northern portions of La Quinta, including the northern Sphere of Influence, are located in Compatibility Land Use Zone E. Existing and proposed land uses within Zone E are compatible with the Bermuda Dunes Compatibility Plan. The City currently contracts with Riverside County Fire Department for emergency services, and the City's Emergency Services Division is responsible for preparing the community for natural and man made disasters and emergencies. Additional Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 19 of 46 emergency services, including new police and fire services, will be required as development and population increases. In addition, the City's Emergency Services Division will need to accommodate the influx of new residents to the area. The City prepared the Emergency Operations Plan to prepare for emergencies, and has instituted the Code RED notification system to help notify the public, through telephone calls, about emergencies such as water contamination, evacuation notices, wildfires, bomb threats, hazardous spills, and other emergency situation. The City is also involved in the Community Emergency Response Team (CERT) program. The La Quinta Planning Area is situated in a Valley, along the base of the Santa Rosa and San Jacinto Mountains. Much of the western portion of the Planning Area, particularly within the City, such as the Cove, is located near the urban- wildland interface. The wilderness areas that surround La Quinta, as well as other areas along the base of the Santa Rosa and San Jacinto, are made up of Granitic rock and sparse desert vegetation. The sparse desert vegetation along these mountainsides does not provide the explosive fuels needed for wildfires. The General Plan Update provides policies and programs to reduce the severity of hazards and lower risks involved with accidental release of hazardous materials or other emergencies. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City will ensure that new generators of hazardous materials will comply with all local, state, and federal regulations, as required by law. b. The City will work with Riverside County Fire, Caltrans, CHIP, and other local, state, or federal agencies to regulate the transport or hazardous materials along local roadways, state highways, and railways that run through the City or in the vicinity. c. The City shall incorporate and abide by the policies and regulations highlighted in the Jacqueline Cochran Regional Airport Master Plan and the Riverside County Airport Compatibility Land Use Plans for all new development within the Compatibility Land Use Zones of the Jacqueline Cochran Regional Airport and the Bermuda Dunes Airport. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 20 of 46 d. The City shall update the Emergency Operations Plan as necessary to address and plan for synchronized response to potential emergencies including release or spills of hazardous materials. Hydrology Implementation of the proposed General Plan will facilitate urban development that will result in an increase in impervious surfaces, such as roadways, sidewalks, and parking lots. Water that would have been absorbed into the ground will runoff to downstream areas. The City and CVWD have worked proactively to protect developed areas in the City from flood hazards. Currently, no habitable developed areas in the City are within a FEMA Special Flood Hazard Zone. However, localized flooding can still occur in some areas, primarily where storm drains are not adequately sized or temporary retention facilities are not present. Substantial areas in the City are zoned by FEMA as having potential to flood during a storm stronger than the 100-year event, or subject to shallow flooding during a 100-year storm. The Planning Area may be susceptible to flooding if water reservoirs or water retention structures or facilities should fail. The Planning area is not located downstream of any State -regulated dam, or within a dam inundation area as identified by the Division of Dam Safety. The City and Sphere are traversed by the Coachella Valley Stormwater Channel, which is protected in many areas by a system of sand levees. These have potential for seismic settlement or liquefaction, especially in the event of strong ground shaking or long periods of rain. Earthquakes can also create seiche conditions within open waterbodies, such as Lake Cahuilla, canals, reservoirs and catch basins. The sloshing movement of water within containment structures can damage them, and water may overtop, potentially inundating areas down slope. There is potential for the regional domestic water system to be damaged and potentially unusable for a period of greater than 30 days in the event of a large- scale earthquake. The Coachella Valley Water District has indicated that the water storage tanks in the area are built to current seismic standards. Future development within the Planning Area may be subject to localized flooding risks, especially where flood hazard mapping is incomplete. The General Plan includes a range of policies intended to reduce these risks, including enforcement of existing County and City ordinances that address hazards and floodplain regulations; updating hazards mapping regularly; and public education about flood hazards. Project developers and property owners are encouraged to implement site Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 21 of46 design and other means to avoid or reduce risks to personal property, including structures. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall continue to encourage project developers to use engineering and design techniques that minimize the potential for the occurrence of inundation, including seismically induced inundation. b. The City shall continue to coordinate with the Coachella Valley Water District to monitor the structural safety of the levees around Lake Cahuilla and along the Coachella Valley Stormwater Channel within the City. c. The City shall continue to coordinate with the Coachella Valley Water District to monitor the structural integrity of above -ground water tanks and reservoirs, and where needed, to implement bracing techniques to minimize potential structural damage and/or failure. d. The City shall coordinate and cooperate with the Coachella Valley Water District in the filing of FEMA applications to amend the Flood Insurance Rate Maps, as necessary. e. The City shall continue to coordinate with CVWD to assure the adequate inspection of bridge crossings for scour damage during and after significant flooding events, and shall coordinate with the appropriate state agencies to participate in the state's bridge scour inventory and evaluation program. Noise There are approximately 24 roadway segments in the Planning Area that currently experience noise levels greater than 65 dBA CNEL at 100 feet from the centerline under existing conditions. Future noise levels along roadways throughout the Planning Area are expected to increase with implementation of the General Plan Update. Approximately 55 roadway segments are expected to experience noise levels greater than 65 dBA CNEL at 100 feet from centerline in year 2035 at build out of the General Plan. The greatest increase in noise level will only cause a 1.4 dBA Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 22 of46 CNEL increase compared to the 2002 General Plan. This small increase in noise level will be barely perceptible to the human ear. Therefore, there will not be a substantial increase in future permanent noise levels as a result of the General Plan Update compared to the Existing Network. Future increases in activity associated with commercial and industrial development, including loading dock operations and noises associated with stationary equipment, will also likely increase permanent noise levels. These land uses are required to comply with exterior noise levels set forth in the City's Noise Ordinance. The City of La Quinta has adopted exterior noise standards in Section 9.100.210 of its Municipal Code, which establishes base ambient noise level limits for noise sensitive and other nonresidential zones according to time of day. Municipal Code Section 9.100.220 also provides standards for ground -borne vibrations and noises. In addition Section 6.08.050 provides limited hours for construction to alleviate construction noise. The City's exterior noise standards for various land uses are consistent with those set forth by the State of California in its "Land Use Compatibility for Community Environments" matrix. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall continue to maintain and enforce noise standards provided by the Municipal Code to ensure that noise impacts throughout the General Plan area are maintained at acceptable levels. b. The City shall continue to ensure that interior noise levels for residential development do not exceed 45 dBA by requiring that all project designs comply with Title 25 (California Noise Insulation Standards). c. Acoustical studies shall be required in conjunction with entitlement applications for sensitive receptor projects proposed adjacent to roadways shown in Table III-34. The study shall analyze noise levels within the proposed project, and include mitigation measures to assure that the exterior noise levels meet the City's standards. d. The City shall require acoustical studies for all commercial and industrial projects that are proposed adjacent to residential land uses or land use designations. The acoustical analysis shall evaluate potential noise impacts of the project and provide mitigation measures Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 23 of 46 that are adequate to meet the City's noise standards for residential land uses. e. Sensitive receptors, which include schools, libraries and hospitals, shall, to the greatest extent feasible, be located away from major noise generators. f. The City shall continue to implement a planning area -wide circulation pattern that loads primary traffic onto major arterials in order to limit local roadway traffic to the greatest extent feasible and thereby preserve local neighborhood noise environments. g. The City shall evaluate and monitor noise impacts associated with the addition of new bus routes, including bus stops near noise sensitive uses, located along collector and local roads. h. The City shall evaluate and monitor noise impacts associated with new truck routes proposed throughout the Planning Area, and discourage new truck routes along roadway segments near sensitive land uses. i. All fixed and mobile construction equipment operating in the Planning Area shall be equipped with properly operating and well -maintained mufflers to limit noise emissions. Stationary construction equipment shall be placed away from sensitive noise receptors. j. New construction site staging areas, stockpiling, earth moving activities, and hauling routes should be situated away from sensitive noise land uses to the greatest extent possible. k. All construction activities shall comply with the City of La Quinta Municipal Code Section 6.08.050. I. Ground -borne vibration activities shall be conducted in compliance with the City of La Quinta Municipal Code Section 9.100.220. m. Appropriate sound barriers shall surround all commercial, industrial and public facilities located adjacent to sensitive land uses. n. Outdoor equipment such as cooling towers, air cooled condensers and refrigeration compressors and/or condenser units, as well as at air intake and discharge openings for building ventilation systems, shall be provided with silencers and/or barriers at or surrounding them, where necessary. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 24 of 46 o. Truck deliveries to commercial and industrial areas adjacent to sensitive land uses shall be limited to daylight hours, or shall provide noise mitigation measures to reduce noise impacts. Population and Housing The La Quinta General Plan Update has the potential to result in the development of up to 53,103 residential units, which could support a population of 134,352 people. Implementation of the General Plan Update is not expected to substantially induce growth within City limits. However, the proposed development within the Sphere of influence has the potential to increase the population by 80% compared with that permitted under current County land use and zoning designations. Thus, the proposed General Plan Update has the potential to result in significant impacts to population and housing from growth inducing development within the Sphere of Influence. The General Plan includes policies and programs requiring the preparation of a Master Plan to address long term growth in this area, prior to annexation to the City. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. A Master Plan of Development shall be prepared for the Vista Santa Rosa area. Development within this area shall be subject to policies set forth in the said Master Plan. Public Services & Utilities Public Schools New development in the planning area will occur over time, and student populations are also expected to increase gradually. CVUSD and DSUSD will continue to receive developer's impacts fees for residential, commercial and industrial development. These measures are expected to minimize impacts to CVUSD and DSUSD schools. However, schools in both districts are currently operating at or beyond capacity, and new facilities will be needed to serve the build out student population in the Planning Area. Libraries Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 25 of46 The City assesses Developer Impact Fees (DIF) on residential development for library services and facilities. Currently, fees are assessed at $355 for single-family detached units, $266 for single-family attached units, and $348 for multi -family units. These are one-time fees assessed when new units are constructed. Based on these fees, new residential development in the City limits could generate up to approximately $2.86 million in library fees; an additional $7.35 million could be generated in the Sphere. In total, new residential development in the planning area is expected to generate approximately $10.21 million in library development fees. The City's DIF schedule is reviewed on a regular basis and is likely to increase over the course of General Plan build out. These fees have been developed based on a rational nexus, and will therefore be sufficient to accommodate growth through General Plan build out. Law Enforcement and Fire Protection At build out, the City and Sphere of Influence are expected to have a total population of 134,352. Based on the Riverside County staffing ratio, the build out population would require 134 sworn police officers. This is an increase of 78 sworn officers as compared with current staffing levels, which represents a substantial additional demand for police protection and associated equipment and patrol vehicles. Increases in cost to the City could be significant. Demand will increase gradually, and revenues to the City are also expected to occur as the General Plan builds out. Demand for police protection will depend on actual development in the future. Implementation of the General Plan Update and the increase in population in the General Plan Planning Area is expected to result in an increase in demand for fire protection services. The need for additional services will be determined as the Planning Area develops; additional staff, equipment and vehicles, and fire stations will be needed. The potential cost to the City may be substantial and on -going monitoring and evaluation of the need for additional facilities and staff will be necessary throughout build out. The County Fire Department evaluates specific development proposals based on their potential to demand additional fire department facilities and staffing, It is expected that as the General Plan Area builds out, new "standards of cover" developed in association with the Department's Strategic Plan will be applied to new development. Future development will continue to be subject to Fire Department review and new fire facilities will be constructed as needed to ensure adequate provision of fire protection services in the Planning Area. The City previously considered several potential annexation proposals. These proposals included fiscal analyses relating to the. availability and cost of the Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 26 of 46 provision of services in the Sphere, including law enforcement and fire protection. These analyses found that in the eastern Sphere in particular, lands have been encumbered by the County as collateral for a regional bond issue. As a result, there will be no property tax generation to the City from these lands for a number of years. The fiscal analysis concluded that annexation of property in the Sphere would have a negative fiscal impact on the City. At the time of the analysis, a per unit mitigation fee was considered, but the proposed annexations did not proceed, and the mitigation program was not implemented. The costs associated with annexation to the City, however, still exist, and will remain an issue as annexation proposals occur in the future. The General Plan includes policies that require both the preparation of fiscal impact analyses for annexation proposals, and a Development Agreement in association with annexation. The Development Agreement would establish the parameters for development, and would include mitigation fee payments for projects that are fiscally negative for the City. These Development Agreements would eliminate the potential fiscal impacts to the City in providing fire protection services to newly annexed lands. Electricity Estimates of annual electrical demand for General Plan build out are based on the annual usage rates shown above. These rates applied to the proposed General Plan land uses at build out will result in electrical consumption of 1,645,145,600 kilowatt-hours per year (kwh/year). Single family residential uses will account for 791,924,912 kwh/year of this amount, while multi -family uses will account for 101,224,748 kwh/year. Commercial uses will consume 716,607,636 kwh/year, and industrial development will use 35,388,304 kwh/year. Increased demand for electricity associated with implementation of the General Plan will contribute to the regional demand for electricity. The City is completing a Greenhouse Gas Reduction Plan as part of the General Plan Update. The Reduction Plan includes measures to reduce energy use. In addition, the General Plan's Sustainable Community Element includes policies for resource conservation, including energy conservation for development projects in the City. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 27 of 46 Natural Gas At build out, single-family units will use approximately 1,371,560,392 cubic feet of natural gas per year (cf/year), and multi -family units will use approximately 175,314,418 cf/year. For commercial and industrial uses, consumption will be approximately 658,912,550 cf/year and 32,539,142 cf/year, respectively. At build out, all development in the General Plan Planning Area is expected to consume approximately 2,238,326,502 cubic feet per year. A variety of factors will determine actual natural gas consumption, including future levels of development, individual project designs, and the effectiveness of energy -conserving measures. Southern California Gas Company has developed a rate structure that provides for facilities' expansion. Therefore, impacts are not expected to be significant impact and no mitigation measures are required. Domestic Water Services The proposed General Plan will result in increased water demand associated with development, such as residential, commercial, and industrial, as well as open space amenities, street rights -of -way and others. Build out of the proposed General Plan Update is expected to result in an annual water demand of 54,467 acre-feet. The General Plan will facilitate development that will cumulatively increase impacts to groundwater supplies in the region. The amount of potable groundwater in storage will also be reduced. Development in the region will occur gradually, as will impacts to groundwater supplies. As described in the Water Quality and Resources section of the EIR (III-P), the City and CVWD have implemented, and will continue to implement water conservation measures (please also see Water Quality and Resources, below). Wastewater Collection and Treatment Implementation of the General Plan will facilitate development that will increase demand on existing wastewater collection and treatment facilities. It is expected that, at build out, the City of La Quinta will generate approximately 4.4 million gallons per day of wastewater. Wastewater generation in the Sphere is estimated to generate approximately 3.0 million gallons of wastewater per day at build out. Total wastewater generation in the Planning Area at build out is projected to be approximately 7.4 million gpd, which is an increase of approximately 3.1 million gallons over estimated 2010 conditions. This level of wastewater generation is substantial; however it will not exceed the combined treatment capacity at the CVWD treatment plants serving the Planning Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 28 of 46 Area. As future development occurs, existing facilities may need to be expanded to build out capacity to accommodate wastewater generation. As required by General Plan policies, the City and CVWD will have an opportunity to plan for increased development, including construction of new sewer collection facilities and increased treatment capacity. Nevertheless, growth trends will need to be monitored to ensure that adequate wastewater treatment facilities are provided to serve the Planning Area. Solid Waste Management At build out, implementation of the General Plan is expected to result in approximately 53,103 dwelling units. Of these, approximately 46,866 will be single-family units, and approximately 6,236 will be multi -family units. Up to approximately 12,364,631 square feet of commercial development, which is assumed to be primarily retail uses, and 611,408 square feet of industrial development will also be constructed. Based on this level of development, approximately 139,181 tons of solid waste would be generated per year. On a daily basis, this equates to 381 tons of solid waste. There are no proposed land uses that are expected to generate large quantities of solid waste or create conditions where significant hazardous wastes are produced. Development facilitated by the General Plan will nonetheless result in increased volumes of solid waste generation. Therefore, the City and Burrtec will need to continue to monitor these levels to ensure that disposal of solid and hazardous wastes generated in the Planning is safe and cost-effective. Public Transportation services Implementation of the proposed General Plan is expected to increase the demand for public transportation services. The General Plan includes policies that will assure coordination with SunLine Transit Agency for the expansion of service to meet the demand created by new development. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. Developers shall continue to be assessed statutory school mitigation fees for residential and commercial development. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 29 of46 b. All new development projects shall be subject to Police Department review to assure that the Department can provide adequate police protection. c. The City shall monitor City population and Police Department staffing levels to ensure the provision of police protection services at sufficient levels. d. The City and Riverside County Fire Department shall continue to confer and coordinate to ensure that facilities and services are expanded in a timely manner. e. The City shall plan for siting of industrial facilities that store hazardous, flammable or explosive materials so as to assure the highest level of safety in strict conformance with Uniform Fire Code and other applicable codes and regulations. f. The Riverside County Fire Department shall continue to review and evaluate new development proposals and project plans to make certain that it can provide adequate fire protection. g. The City and Coachella Valley Water District shall review and evaluate all future development projects for their potential impact on local groundwater supplies. h. The City shall continue to require the use of drought tolerant landscaping in new and rehabilitated public and private development, and shall encourage its use in existing development. Future development shall be required to conform to standards set forth in Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. Measures set forth in these statutes include the installation of low -flow showerheads and faucets and low -flush toilets in all new construction. j. To the greatest extent practicable, the City shall require that all new development be connected to sanitary sewer service. k. The City shall ensure coordination with the Coachella Valley Water District and to assure that existing and future extended sanitary sewer facilities are adequate to meet the needs of existing and expected future development. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 30 of 46 I. The City and Coachella Valley Water District should encourage the replacement of existing septic systems with connection to sanitary sewer facilities to the greatest extent feasible. m. The City shall continue to consult and coordinate with Burrtec to sustain and exceed the provisions of AB 939 and AB 341 where possible through expanding its recycling programs and divert resources from the waste stream for return to productive use. n. Commercial and industrial establishments shall be required to comply with State mandates established under AB 341 to reduce the amount of packaging and potential waste associated with product manufacturing and sales. o. The City and Burrtec shall continue to include recycling provisions for single-family and multi -family residential dwelling units in their solid waste disposal contracts. p. Prior to the issuance of building permits, the City shall continue to refer project developers to Burrtec for development of construction and demolition solid waste recycling plans to divert a minimum of 50% of C&D debris from the waste stream. q. The City of La Quinta shall continue to coordinate with SunLine Transportation Agency to establish new bus stop locations and facilities as demands warrant. Water Resources and Quality At build out, the proposed General Plan will result in 53,103 dwelling units, and a population of approximately 134,352 persons. New commercial, industrial, public facilities and other types of development will also occur as a result of implementation of the proposed General Plan. The proposed Land Use Plan for the General Plan would result in less overall development as compared with the previous General Plan. The build out water demands for the La Quinta Planning Area are estimated to be 54,467 acre-feet per year, consisting of 37,783 acre-feet within City limits and 16,684 acre-feet within the Sphere of Influence. There is a variety of state and regional mandates in place intended to reduce urban water consumption over the next several decades. As previously noted, new state requirements mandate a 10% reduction in per capita urban water use by year 2015, and 20% reduction by year 2020. The CVWD water efficient landscape ordinance, on which the City ordinance is based, requires that outdoor water use by new development be reduced by 25% over mandated state levels. Further, the Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 31 of 46 CVWD Draft WMP requires that golf course users with access to canal or recycled water convert at least 90% of their irrigation water use to those sources by 2015. Increasing demands on water supplies in the General Plan Area require the implementation of short and long-term water conservation efforts to ensure the continued availability of this resource. Reduction in per capita consumption as well as water -efficient landscaping design and management are among the best conservation opportunities. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall coordinate and cooperate with CVWD to ensure City- wide compliance with State Senate Bill X 7-7 by implementing policies to reduce per capita urban water use by 10% by year 2015, and 20% reduction by year 2020, including landscaping conversion programs and the smart irrigation control program; expanding the availability of sustainable water supplies such as tertiary treated water, and encouraging its use for landscape irrigation purposes, especially for irrigating golf courses and other large landscaped areas. b. The City should review and amend its Development Standards to require all new development demonstrate a reduction of domestic water consumption equivalent to the CalGreen Tier One standards in effect at the time of development. c. The City shall continue to implement its Water Efficient Landscape ordinance by requiring that City and private sector development projects implement water efficient landscaping plans to meet or exceed current water efficiency standards. d. The City shall require that new development reduce its projected water consumption over "business as usual" consumption rates. e. In conjunction with the Coachella Valley Water District as well as independently, the City shall develop programs to allow and encourage the retrofitting of existing water intensive appliances and irrigation systems in existing development. f. The City and Coachella Valley Water District shall review future development proposals that propose to convert agricultural uses to Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 32 of 46 urban development to ensure that non -potable water is used for irrigation purposes, and that new irrigation systems utilize existing agricultural drainage and irrigation water delivery facilities to the greatest extent feasible. g. The City shall continue to require that all new developments use water conserving appliances and fixtures, including low -flush toilets and low - flow showerheads and faucets, as well as the application of water - conserving technologies in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. h. The City shall, prior to approval of development plans, require that qualifying future development in the General Plan Area have an adopted Water Supply Assessment in compliance with AB 610 and 221. To the greatest extent practicable, the City shall require new development to connect to the community sanitary sewer system. The City shall review and amend its Development Standards and Review Procedures to ensure coordination with the Coachella Valley Water District and to assure that existing sewer service along with the extension of sewer service is capable of meeting the needs of current and future development. k. To the greatest extent feasible, the City shall coordinate with the Coachella Valley Water District to encourage the elimination of septic systems where they occur within the City. E. SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Air Quality Impacts Implementation of the General Plan Update will result in significant air quality impacts in the La Quinta Planning Area. Air pollutants will be generated from a variety of activities, including grading and construction, vehicle emissions, and daily operations. Emissions generated by vehicular traffic are projected to be the greatest source of air pollutants. The use of natural gas and electricity for operation of existing and new buildings and structures will also result in the emission of air pollutants. Construction Emissions Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 33 of 46 Air quality emissions from construction activities will occur as a result of new development within the City limits and Sphere of Influence. As discussed in Section III of the EIR, emissions from construction within the City are projected to remain below established thresholds for all criteria pollutants expect for NOx and ROG. Approximately 122 pounds per day of NOx and 818 pounds per day of ROG are expected even with the implementation of mitigation measures. This is well above the 75 pound per day threshold established by SCAQMD. As such air quality emissions from NOx and ROG's during construction activities within City limits have the potential to result in significant and unavoidable impacts. Construction related air quality emissions from the development of lands within the Sphere of Influence are projected to exceed established daily thresholds for NOx and ROG, even with implementation of mitigation measures. As shown in Section III of the EIR, approximately 104 pounds per day of NOx, and 697 pounds per day of ROG have the potential to occur during construction activities. This is above the SCAQMD thresholds of 100 pounds per day for NOx, and 75 pound per day for ROG. Air quality emissions from NOx and ROG during construction activities within the Sphere of Influence have the potential to result in significant and unavoidable impacts. Air pollutant emissions from construction activities are temporary and will end once construction is complete. Nonetheless, during construction activities and assuming simultaneous construction of vacant lands within the Planning Area, the proposed General Plan Update has the potential to result in a cumulatively considerable net increase of NOx and ROG. Should construction activities in the City and Sphere occur simultaneously at the rates assumed in Section III, emissions of PM2.5 and PM10 will also exceed thresholds of significance, at 261 and 58 pounds per day, respectively. Projections of these criteria pollutants exceed established daily thresholds and have the potential to result in significant and unavoidable impacts for these criteria pollutants. Operation Emissions For operational activities associated with build out of the General Plan, air quality emissions have the potential to result in a cumulatively considerable net increase of all six criteria pollutants, including CO, NOx, SOx, PM10, PM2.5, and ROG, as well as greenhouse gas emissions. Emissions of air quality pollutants from operation include the use of electricity and natural gas, as well as area source and moving source emissions. Projections of these pollutants exceed established daily thresholds and have the potential to result in significant and unavoidable impacts. Emission from the consumption of electricity will primarily occur elsewhere, where electricity is generated. As such, the Planning Area will be indirectly impacted by these emissions. Nonetheless, the Planning Area is responsible for generating the Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 34 of46 electricity demand. While it is expected that the electricity grid mix will incorporate more renewables in future years, the use of coal and natural gas fired power plant will contribute significant emissions generated by the onsite energy demand. Natural gas generation facilities and onsite use of natural gas for cooking, heating, and other uses will result in significant impacts. Although some of these emissions may not occur within the Planning Area, as no such generating facilities exist within the planning area, the emission projections result in a considerable increase, with significant impacts. While implementation of the proposed mitigation measures and Greenhouse Gas Reduction Plan may be effective in substantially reducing emissions to levels below significance for certain sectors, emissions from moving sources will remain significant and are unavoidable. The City has varying levels of control over the avoidance of emissions. Although the EIR sets forth all feasible mitigation measures and a comprehensive Greenhouse Gas Reduction Plan has been prepared, air quality emissions may remain significant and unavoidable. Regardless of mitigation measures, development of the General Plan will contribute to cumulative air quality impacts locally and regionally. Although emissions can be mitigated to a certain degree, significant and unavoidable impacts to air quality, including greenhouse gas emissions, will occur as a result of development of the General Plan. Findings: 1 . Changes and other measures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact, including the following: a. The City of La Quinta shall adopt and implement a comprehensive Greenhouse Gas Reduction Plan that is consistent with targeted reductions set forth by the State. b. As feasible, the newest model heavy-duty construction equipment shall be utilized for construction activities. The construction equipment fleet shall be updated to ,include the latest models; older equipment shall be phased out. Resolution No. 2013-009 EIR—Overiding Considerations Adopted: February 19, 2013 Page 35 of 46 c. To reduce fugitive dust during construction activities, trucks leaving development sites should be washed off; haul trucks should maintain 2 feet of freeboard or be covered; equipment should be properly tuned and maintained; and low sulfur fuels should be used for construction equipment. Effective fugitive dust control measures can substantially reduce emissions as shown in the Table below. Table 1 Air Quality Control Methods PM1O PM2.5 NOx Apply Soil Stabilizers to Inactive 84% Areas 84% Replace Ground Cover in Disturbed 5% Areas 5% Water Exposed Surfaces 3 Times 61 % Daily 61 % Reduce speeds on unpaved roads 44% 44% Use of aqueous diesel fuel 50% 50% 15% Use of Diesel Particulate Filter 85% 85% 15%- Use of Diesel Oxidation Catalyst' 40% Source: Urban Emissions Model (URBEMIS2OO7) version 9.2.4. 1. Emission reductions vary depending on equipment type. d. To reduce construction -related traffic congestion, developers and contractors shall configure construction parking to minimize traffic interference, provide a flag person to ensure safety at construction sites, as necessary, designate onsite travel routes to minimize impacts to nearby land uses, and schedule operations affecting roadways for off-peak hours, as practical. e. Construction equipment shall be staged in locations that minimize impacts to nearby receptors. f. La Quinta shall continue to coordinate with CVAG and SCAQMD regarding the implementation of local and regional air quality programs. g. Landscaping designs shall consider the use of trees and other vegetation to maximize the shading of buildings in order to reduce energy requirements for heating and cooling and provide carbon storage. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 36 of 46 h. Desert landscaping techniques shall be utilized, including the use of automated water efficient irrigation systems and devices. i. Smart scalping practices shall be encouraged to minimize fugitive dust emissions and reduce water demands. j. Building designs shall strive to exceed Title 24 requirements or achieve LEED or Energy Star standard equivalence ratings or better; buildings shall be equipped with energy efficient and water conserving appliances and fixtures; building design shall include natural lighting and ventilation; and light colored "cool" roofs and cool pavement shall be utilized. k. New buildings and substantial remodels including new roofs, should be designed to accommodate rooftop photovoltaic or above parking solar. I. Recycling and composting facilities and programs shall be readily available for all new and existing land uses and every effort shall be made to divert the landfill waste stream. m. Utilize educational programs and demonstration gardens to inform the public and businesses of energy and water efficient techniques and sustainable practices. n. Promote the use of electric vehicles and alternative modes of transport by providing safe and convenient bicycle, scooter and other non - motorized transport travel lanes, and parking, as well as preferential plug-in stations for electric vehicle parking. o. In designing and expanding travel corridors provide for pedestrian and bicycle paths that interconnect to commercial, recreational, and institutional land uses. p. Assure all new development has safe and convenient access to public transit routes that include seated, shaded bus stop areas. q. Incorporate recreational open space adjacent to or as part of residential land uses. r. Expand and coordinate a Valley wide signal synchronization system within city limits and adjacent jurisdictions. s. Work with CVAG, SCAG and regional transit authorities to work towards more efficient, region wide travel options. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 37 of 46 2. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in "1 " above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect. Traffic Impacts The consequences of General Plan build out have been evaluated for the 63 major roadway segments and 37 intersections. Based on this analysis, the proposed General Plan is projected to generate a total of approximately 635,905 average daily trips. Of these, 449,489 ADT would be generated within the City's corporate limits and 186,416 would be generated in the Sphere of Influence. Within the City's corporate limits, the proposed Land Use Plan will generate about 3.6% more traffic than build out of the 2002 General Plan. Within the City's Sphere, the proposed Land Use Plan will generate about 34% more traffic than the analysis for the 2002 General Plan anticipated, due primarily to changes in modeling techniques and land uses surrounding the Sphere. The majority of the roadway segments are forecast to operate at acceptable levels of service (V/C ratios less than or equal to 0.90 or LOS D or better). Three segments are projected to operate at LOS E and three at LOD F at 2035 build out. • Washington Street segments between Avenue 42 and Miles Avenue and between Highway 111 and Eisenhower Drive (6-lane Major Arterial) are forecast to exceed theoretical maximum carrying capacity by up to 3,000 VPD with the most problematic segment between Fred Waring Drive and Miles Avenue. LOS D service volumes are exceeded by over 9,000 VPD. • Madison Street between Avenue 54 and Airport Boulevard (4-lane Primary Arterial) is forecast to exceed theoretical maximum carrying capacity by approximately 4,900 VPD. LOS D service volumes are exceeded by over 9,000 VPD. • Harrison Street between Airport Boulevard and Avenue 58 (8-lane Augmented Major) is forecast to exceed theoretical maximum carrying capacity by approximately 3,800 VPD.. Although the capacity of Harrison Street was assumed to be that of an Augmented Major Road (76,000 vehicles per day), it would likely operate as an Expressway due to limited accessibility compared to Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 38 of46 an Augmented Major Road, thus carrying a larger capacity. Prior study by the County raised the potential of grade -separated intersections to further enhance capacity. Of the 37 intersections analyzed, the following four are not expected to be able to accommodate all the required build out improvements and therefore have the potential to be operating at unacceptable levels of service by 2035 General Plan build out: • Washington Street @ Fred Waring Drive; • Adams Street @ Miles Avenue; • Jefferson Street @ Highway 1 1 1; • Madison Street @ Avenue 50. It should also be noted that three of the four impacted intersections are shared between more than one jurisdiction. For instance, the Washington Street/Fred Waring Drive intersection is located within the corporate boundaries of the cities of La Quinta, Palm Desert and Indian Wells. In these cases, close and on -going coordination between cities will be necessary to provide optimum intersection improvements and to otherwise address forecast operational deficiencies. However, even with the implementation of feasible mitigation measures, impacts will be significant and unavoidable. Findings: 1 . Changes and other measures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact, including the following: a. Transportation Demand Management: To the greatest extent practicable, the City will implement TDM strategies in both land use and transportation planning. TDM programs are designed to put more person trips into fewer vehicles, by increasing vehicle occupancy or car-pooling, vanpools, and transit ridership. TDM is also integral to integrated land management consistent with SB 375 and also includes planning efforts that increase the use of bicycling, golf carts and neighborhood electric vehicles (NEVs), as well as increased pedestrian modes of travel. The effectiveness of TDM strategies depends on their levels of application. b. Transportation Systems Management: To the greatest extent practicable, the City will implement TSM strategies in transportation Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 39 of 46 planning. TSM programs and projects are designed to support travelers with real time travel information so that they can make smart travel choices in selection of time, mode and routes of travel. TSM projects can also offer Intelligent Transportation Systems (ITS) projects for the most efficient traffic signal coordination and for informing motorists of routes around traffic congestion that may result from special events and traffic incidents. TSM programs are very effective when integrated into planned major events, such as scheduled music and art festivals, golf or tennis matches, and other special events that generate significant amounts of event traffic. c. Commit to ongoing funding and operations of intelligent transportation systems management, as described above, to: i. Deliver traffic signal coordination along corridors in "real time" to optimize the progression of vehicles at the most efficient travel speeds; ii. Operate Transit Signal Priority at signals along major transit routes to optimize traffic flow; iii. Operate Dynamic Message Signs to route traffic around congestion/to available parking during peak periods and planned events. d. Continue with the City's established minimum driveway spacing and access restrictions; e. Construct median islands with minimum opening spacing; and/or; f. Add bus turnouts at bus stops along major transit routes. g. Washington Street Roadway Segment Deficiencies: The application of Transportation Demand Management (TDM) and Transportation Systems Management (TSM) strategies will effectively reduce peak hour traffic volumes along this segment, but it may still operate at unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. h. Madison Street Roadway Segment Deficiency: The General Plan traffic analysis identified a segment deficiency on Madison Street between Airport Boulevard (Ave 56) and Avenue 54. There is some question whether this . level of impacts will actually occur. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 40 of 46 Nonetheless, mitigation measures include the application of TDM and TSM strategies to reduce peak hour traffic volumes along this segment. It may still operate at unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. i. Harrison Street Roadway Segment Deficiency: As an 8-lane Augmented Major Arterial, Harrison Street between Airport Boulevard (Ave 56) and Avenue 58 is forecast to exceed theoretical maximum carrying capacity by approximately 3,800 VPD. Harrison Street is assumed to function as an Augmented Major Road (76,000 vehicles per day), and would likely operate as an Expressway due to limited accessibility. Application of TDM and TSM strategies will help reduce peak hour traffic volumes along this segment but it may still operate at unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. Washington Street @ Fred Waring Drive: Two approaches to achieving acceptable intersection operations may be combinations of 1) street widening, and 2) TSM/TDM measures. The application of TSM/TDM will depend on the extent of widening that is determined to be feasible, as presented below: Intersection Widening 1. City of La Quinta jurisdiction widening could add a third northbound left -turn lane and a fourth northbound through lane. This would improve AM peak hour conditions to LOS E. The PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by 38 seconds per signal cycle. 2. Coordinate with the City of Palm Desert to consider the potential for improvements in the northwest intersection quadrant, specifically the adding of a fourth southbound through lane, a fourth westbound through lane, and a westbound right - turn overlap phase. With construction of these added to the widening recommended in the City of La Quinta, PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by an additional 20 seconds. The City of Palm Desert General Plan (2004) does not call for these improvements, but does call for consideration of a third northbound left -turn lane in the City of Indian Wells, which is Resolution No. 2013-009 EIR—Overiding Considerations Adopted: February 19, 2013 Page 41 of 46 consistent with improvements in the City of La Quinta identified above. The City of Palm Desert should be encouraged to continue to coordinate with the City of Indian Wells for construction of an eastbound free -right turn lane. 3. Coordinate with the City of Indian Wells to consider improvements in the southwest intersection quadrant, specifically the adding of a fourth eastbound through lane and a second eastbound right -turn lane with a right -turn overlap phase. With construction of the two City of Indian Wells improvement -impacting lanes, but not assuming improvements in the City of Palm Desert, PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by an additional 26 seconds. 4. If the recommended improvements in the Cities of La Quinta, Palm Desert, and Indian Wells are all implemented, the PM peak hour conditions would be improved to LOS D operations. 5. Implement TSM/TDM measures for trip rerouting, in addition to some of the above listed improvements that are determined feasible. a. Design and implement an Intelligent Transportation Systems (ITS) Master Plan in coordination with the cities of Palm Desert and Indian Wells, and in coordination with the Indian Wells Tennis Event Center. An ITS Plan would enable dynamic route reassignment of traffic around congestion and direct traffic to available parking through the use of Dynamic Message Signs and adaptive traffic signal control. The Plan would deliver the best access to events for attendees, and around event traffic for residents that are not attending the events. To achieve non-event LOS E operations, and to minimize the level of impacts experienced at nearby intersections, approximately 200 northbound left -turning vehicles would need to be diverted, approximately 100 southbound left - turning vehicles would need to be diverted, and approximately 100 southbound through movement vehicles would need to be diverted. Assuming these trip diversions, the necessary roadway widening improvements would be reduced to the addition of the third northbound left -turn lane (City of La Quinta), the second eastbound right -turn lane with a right -turn overlap phase (City of Indian Wells), and a fourth westbound through lane (Cities of La Quinta and Palm Desert). Therefore, the 4Lh northbound through lane, .4`h Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 42 of 46 southbound through lane, 4" eastbound through lane, and westbound right -turn overlap phase, recommended previously, would no longer be necessary. In order to achieve non-event LOS D operations, assuming the same approximate ranges of trip diversion shown above, the addition of the fourth eastbound through lane, the westbound right -turn overlap phase, and third eastbound left -turn lane would be required. Therefore, the 4th northbound through lane and 42h southbound through lane, recommended previously, would continue to no longer be necessary. k. Adams Street @ Miles Avenue: Add a dedicated westbound right - turn lane, converting the number two through lane to a through only lane. Implementation of this improvement alone will achieve LOS E operations in the PM peak hour. Consider adding a dedicated northbound right -turn lane, converting the number two through lane to a through only lane order to achieve LOS D operations. This could impact three to four residential property yards and require relocation of power poles. This measure may not be feasible. k. Jefferson Street @ Highway 111: Coordinate with the City of Indio in optimizing future intersection improvements. To the extent practicable, add a fourth northbound through lane. Add a fourth southbound through lane. Add a third southbound left -turn lane. While the prescribed third southbound left -turn lane may be feasible, the fourth north and southbound through lanes do not appear to be. Intersection operations will benefit from TSM programs and overall TDM efforts. Madison Street @ Avenue 50: - Add a third northbound through lane and a dedicated right -turn lane, converting the new number three through lane to a through only lane. Add a dedicated southbound right -turn lane, converting the new number two through lanes to a through only lane. Add a westbound dedicated right -turn lane with a right -turn overlap phase, converting the new number two through lane to a through only lane. Management prescriptions include coordinating with the City of Indio to signalize this intersection. It should be noted that the City of Indio plans to maintain the planned four -lane roadway segment on Madison Street between Avenue 50 and 48. Therefore, further analysis and the application of TDM and TSM strategies are warranted. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 43 of 46 2. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in "1 " above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect, and in view of the following fact: a. Impacts identified from the proposed General Plan are considered significant on a cumulative basis in association with other projects occurring on a local and regional scale. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 44 of 46 EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS The City of La Quinta hereby adopts and makes this statement of overriding considerations concerning the General Plan's unavoidable significant impacts to explain why the project's benefits override and outweigh its 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 this project will create substantial benefits including enhancing the quality of life necessary to attract new residents, businesses and visitors to the City. The City finds that the project's unavoidable impacts are acceptable in light of these and other project benefits. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. Each overriding consideration identified below applies independently to each unavoidable impact. 1. Adoption of the General Plan update will provide the City with a comprehensive and cohesive statement of goals, policies, and programs upon which decisions relating to the City's current and anticipated land use needs shall be based. 2. The orderly and coordinated expansion of public services and facilities, as provided for by the proposed General Plan update, will provide for improved public health, safety and welfare and will help avoid the undesirable impacts of uncontrolled, noncontiguous development. 3. Impacts identified as significant are generally associated with normal growth and progress and would be much more severe without implementation of the proposed General Plan update. 4. Implementation of the General Plan update will further enhance the quality of life necessary to attract new residents, businesses and visitors to the City, and will generally promote increased investment and development, jobs Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 45 of 46 associated with new and/or expanded construction, and the provision of public services and facilities for a larger population base, and further economic development within the City. Resolution No. 2013-009 EIR-Overiding Considerations Adopted: February 19, 2013 Page 46 of 46 EXHIBIT "C" Mitigation Monitoring and Reporting Program Terra Nova/La Quinta General Plan EIR EXHIBIT C Mitigation Monitoring Program LA QUINTA GENERAL PLAN MITIGATION MONITORING PROGRAM INTRODUCTION This Mitigation Monitoring and Reporting Program (MMRP) fulfills the requirements of California Public Resources Code Section 21081.6 and State CEQA Guidelines Section 15097. As stated in Public Resources Code Section 21081.6(a)(1): The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program. The primary purpose of the MMRP is to ensure that the mitigation measures identified in the Final Environmental Report (EIR) are implemented to reduce or avoid identified environmental effects, and to appropriately assign mitigation responsibilities associated with the implementation of the General Plan. For each adopted mitigation measure, the MMRP identifies the following: • Required action; • When the action is required to be taken; • Agency or entity responsible for the action; • Agency responsible for tracking the action; • Submittal date; • Person verifying implementation; • Attachments required to verify implementation; and, • Comments made by verifying personnel. Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program The City has the primary responsibility for ensuring that the mitigation measures are implemented. When the General Plan is implemented, the pertinent mitigation measures will be included in the conditions of approval for the implementing projects. The Planning Director will be responsible for ensuring implementation of these mitigation measures. MITIGATION MONITORING AND REPORTING PROGRAM PROCEDURES The City's Planning Department will track and document compliance with the Project's mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Specific responsibilities of the Planning Department are listed below: • Coordination of all mitigation monitoring activities; • Management of the preparation, approval and filing of monitoring or permit compliance reports; • Maintenance of records concerning the status of all approved mitigation measures; • Coordination with other agencies regarding compliance with mitigation or permit requirements; • Reviewing and recommending acceptance and certification of implementation documentation; and, • Acting as a contact for interested parties. 7 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program A. Aesthetics Impacts associated with aesthetics are expected to be less than significant, and no mitigation measures or monitoring programs are required. B. Agricultural Resources A. New development proposals shall be reviewed by the Planning Department to assure that master planning and development proposals provide buffering between agricultural lands and urban land uses. Responsible Parties: Planning Department, Developers, Affected Landowners. B. Work with the Department of Conservation and the Farmland Mapping and Monitoring Program to update the Riverside County Important Farmlands Map to reflect new urban development and available farmland with General Plan Update Planning Area. Responsible Parties: Planning Department, Department of Conservation, County of Riverside C. Air Quality and Greenhouse Gases A. Building and landscape plans shall be reviewed for energy efficiency and soil stabilization. Landscapers and landscape -related businesses shall be required to show proof of completion of the CVAG Landscaper Certification Source. Responsible Parties: Public Works, Engineering, Planning, and Building Departments. B. A report of air quality complaints and identified problems shall be provided in the annual review of the General Plan. Responsible Parties: Public Works, Code Compliance and Planning Departments, and SCAQMD. C. A report of emission reductions achieved shall be provided in the annual review of the General Plan. Responsible Parties: Planning Department and SCAQMD. D. The City shall conduct review and prepare conditions of approval for all grading and development permits, as well as required dust control plans to assure that appropriate methods and technologies are in place to minimize the emissions of pollutants from the development activities. Responsible Parties: Public Works, Engineering, Planning, and Building Departments. 3 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program D. Biological Resources A. The City shall review the potential impacts of development projects on biological resources through the Initial Study review process. Where appropriate, impacts shall be clearly documented and mitigation measures recommended. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. B. Prior to the issuance of occupancy permits, the City shall require that all applicable biological resource mitigation actions, including payment of Coachella Valley Multiple Species Habitat Conservation Plan mitigation fees by applicable projects, and compliance with applicable state and federal regulatory permits, shall be satisfied. Responsible Parties: Planning Department, Consulting Biologist, California Department of Fish and Game, California Regional Water Quality Control Board, U.S. Army Corps of Engineers, Project Developer. C. On an annual basis, City staff shall evaluate biological resources reference materials and update City records and inventories to ensure that resource databases are maintained in a timely and adequate manner. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. D. During grading, construction and other development activities, development projects shall be monitored to ensure that grading limits are observed and that native and other appropriate landscape materials are preserved and integrated into all areas of the project in accordance with approved landscape plans. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. E. Cultural Resources A. The Planning Department shall review site -specific historic, archaeological, and paleontological surveys prepared for new development projects in sensitive areas prior to entitlement of new development projects. Responsible Party: Planning Department, Project Developer, Consulting Archaeologist/Paleontologist. Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program F. Geology and Soils A. During site preparation for any project, the City Engineer and/or Building and Safety Department staff shall visit the site to assure compliance with applicable conditions of approval, City ordinances, and erosion control plans. Responsible Parties: City Engineer/Public Works, Building and Safety Department, Project Developer, Grading Contractor B. Subsequent to preparation of final development plans and specifications and prior to grading and construction, the Geotechnical Consultant and/or the City Engineer shall review foundation plans to confirm compatibility with site -specific geotechnical conditions and conformance with the recommendations contained herein. The need for additional subsurface exploration shall be determined on a project -by -project basis. Responsible Parties: City Engineer/Public Works, Building and Safety Department, Geotechnical Consultant C. Rough grading shall be performed under geological and/or engineering observation by the Geotechnical Consultant and the City Engineer, accordingly, as appropriate. Responsible Parties: City Engineer/Public Works, Geotechnical Consultant G. Hazards and Hazardous Materials A. Development plans and permits for uses that use, transport, and/or store hazardous materials shall be submitted, reviewed, and regulated by proper agencies. Responsible Parties: Riverside County Fire Department, Riverside County Department of Environmental Health, Planning Department, California Certified Unified Program Agencies, California Highway Patrol, Caltrans H. Hydrology A. The City Engineer shall report to the City Council on a regular basis to ensure that local drainage plans are updated and drainage control projects are implemented. Reports shall include information regarding the status of regional drainage facilities affecting flood control in the City. Responsible Parties: City Engineer/Public Works, City Council, Coachella Valley Water District B. Prior to issuance of building permits, the City shall review and approve project -specific hydrology and hydraulic studies, Water Quality Management Plans and mitigation plans for 5 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program development proposals, and shall ensure they are adequate with regard to stormwater management, on -site retention, best management practices and pollution control. Responsible Parties: City Engineer/Public Works, Project Developer I. Land Use and Planning No mitigation or monitoring is required. J. Mineral Resources None required. K. Noise A. The City shall periodically review land -use patterns and the community noise environment, and amend the Land Use map as appropriate to ensure reasonable land use/noise compatibility. Responsible Parties: Planning Department B. The Planning Department shall review acoustical analyses for new sensitive receptor projects located adjacent to major roadways, and commercial and industrial project located to sensitive receptors. Responsible Party: Planning Department C. The City shall work with SunLine Transit Agency to locate future bus stops and routes to ensure noise impacts to sensitive receptors are minimized. Responsible Party: Planning Department, SunLine Transit Agency L. Population and Housing A. New development proposed for the Sphere of Influence will be reviewed for consistency with the Master Plan of Development. Responsible Parties: Planning Department M. Public Services & Utilities Schools A. The City shall continue to coordinate with the Coachella Valley Unified School District and Desert Sands Unified School District to assure that statuary developer impact fees are collected. 7 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program Responsible Party: Planning Department Libraries No mitigation or monitoring required. Law Enforcement A. On an annual basis, the City shall evaluate response times and police activity to assure adequate protection. Responsible Parties: City Manager, Police Department Fire Protection A. Riverside County Fire Department shall review all development plans prior to issuance of building permits to ensure that development complies with City and Fire Department standards. Responsible Parties: Planning Department, Riverside County Fire Department Electricity No mitigation or monitoring required. Natural Gas No mitigation or monitoring required. Domestic Water Services A. All development proposals shall be reviewed by the Planning Department and the City Engineer for their potential to result in adverse impacts to water quality and quantity. The City shall require that any potential significant impacts be mitigated prior to project approval. Responsible Parties: Planning Department, City Engineer/Public Works, Coachella Valley Water District Wastewater Collection and Treatment A. The City Planning and Public Works Departments shall confer and consult with Coachella Valley Water District to implement City-wide wastewater collection and treatment facilities and service. Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program Responsible Parties: Planning Department, Public,Works Department, Coachella Valley Water District B. All development proposals for future development shall be reviewed by the Planning and Public Works Departments to ensure connection with sanitary sewer services. Responsible Parties: Planning Department, Public Works Department, Coachella Valley Water District Solid Waste Management A. Prior to the issuance of building permits, the City Planning and Building and Safety Departments shall review project development plans and confer and coordinate with project developers to assure the provision and maintenance of recycling containers that correspond with current City programs and those planned in the future, including those for construction and demolition solid waste. Responsible Parties: Planning Department, Building and Safety Department, Burrtec Waste and Recycling Services, LLC. Public Transportation Services No monitoring required. N. Recreational Resources No mitigation or monitoring required. O. Transportation/Traffic A. The City shall review and update the master plan of roads, including standards for ultimate rights -of -way and pavement width, and update Capital Improvement Programs (CIP) to ensure the timely securing of rights -of -way and construction of improvements consistent with the projected needs and standards set forth in the Circulation Element and Program EIR. Responsible Parties: City Council, Planning Department, Public Works Department B. The City shall establish and maintain ongoing consultation and coordination with planning and engineering staffs of adjoining cities and transportation planning agencies to study and implement effective means of preserving and improving capacity along major roadways. Coordination efforts may include synchronized signalization, consolidation of access drives and restriction of access, construction of additional travel and turning lanes, raised median islands, and improvements to critical intersections. 8 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program Responsible Parties: Public Works Department, Planning Department, Adjoining Cities, CVAG, Riverside County, Caltrans C. The City shall periodically evaluate the operating conditions at each of the constrained intersections, and shall make recommendations to responsible agencies regarding needed improvements. Responsible Parties: Public Works Department, Planning Department, Caltrans, Riverside County, CVAG D. The City shall pro -actively consult and coordinate with CVAG, SCAG and Caltrans and represent the City in transportation planning meetings to assure that City policies, programs and strategies are given full consideration in resolving regional transportation issues affecting the community. Responsible Parties: City Council, Planning Department, Public Works Department, CVAG, SCAG, Caltrans E. The City shall continue to pro -actively promote the mass transit system expansion and innovation through ongoing consultation and coordination with the SunLine Transit Agency and CVAG. Responsible Parties: City Council, Planning Department, Public Works Department, SunLine Transit Agency, CVAG F. The City shall continue to consult and coordinate with the SunLine Transit Agency and encourage the development of rideshare and other alternative, high occupancy transit programs for employers with sufficient numbers of employees, and for individuals seeking to locate potential rideshare partners. Responsible Parties: City Council, Planning Department, SunLine Transit Agency G. The City shall monitor the effectiveness of land use planning proposals that integrate a mix of land uses, optimizes nearby interactions, reduce the need for travel outside the neighborhood, and shorten trips to work, shopping, public services and public park facilities. Responsible Parties: Planning Department, Redevelopment Agency H. The City shall monitor the effectiveness of its master plan of bicycle -ways, golf cart/NEV routes and multi -use paths, including secure bicycle and golf cart/NEV storage facilities, and other support facilities which increase bicycle and golf cart use. Responsible Parties: Planning Department, Public Works Department G Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program I. The City shall periodically review roadway design specifications, design standards and guidelines for public and private streets, and their effectiveness at meeting existing and anticipated demand, reducing traffic speeds in neighborhoods, and facilitating safe and efficient use of bicycles and other alternative modes of transportation. Responsible Parties: Planning Department, Public Works Department, Planning Commission, City Council P. Water Resources & Quality A. The Planning Department and the City Engineer shall review all development proposals to evaluate their potential for adverse impacts on water quality and quantity, and shall require all development to mitigate any significant adverse impacts. Responsible Parties: Planning Department, City Engineer, Coachella Valley Water District, Project Developer B. The City shall continue to coordinate and cooperate with the Coachella Valley Water District to ensure that the groundwater aquifer is protected from excessive extraction. Responsible Parties: Planning Department, City Engineer, Coachella Valley Water District