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CC Resolution 2021-005 Pavilion Palms EACOUNCIL RESOLUTION 2021 - 005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PAVILION PALMS SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50 CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2017-0006 APPLICANT: LUNDIN DEVELOPMENT COMPANY WHEREAS the City Council of the City of La Quinta, California did, on March 2, 2021, hold a continued Public Hearing to consider a request by Lundin Development Company for approval of the Pavilion Palms Shopping Center consisting of up to 125,800 sq. ft., generally located at the northwest corner of Jefferson Street and Avenue 50 more particularly described as: APN 602-180-004 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on June 26, 2020 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the City Council of the City of La Quinta, California did previously hold a continued Public Hearing on December 15, 2020, to consider this project and continued the Public Hearing to a date certain, to allow the applicant additional time to revise the site plan and did recommend that the Planning Commission review modified site design of the project, specifically at the corner of Jefferson Street and Avenue 50; and WHEREAS, the Planning Commission of the City of La Quinta, California on January 26 and February 17, 2021, did review modified site design of the project, and did recommend Council approval of the modified site design; and WHEREAS, the City Council of the City of La Quinta, California did previously hold a continued Public Hearing on October 6, 2020, to consider this project and continued the Public Hearing, to a date certain, to allow the applicant additional time to revise the site plan and prepare the revised application package, and did refer a portion of the application back to the Planning Commission for a recommendation on adding a provision to the Council Resolution 2021 - 005 Environmental Assessment 2017-0006 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 2 of 5 Specific Plan Amendment (SP 2017-0002) to allow for taller building height along image corridors; and WHEREAS, the Planning Commission of the City of La Quinta, California did discuss on November 24, 2020 a provision to the Specific Plan Amendment (SP 2017-0002) to allow for taller building height along image corridors and did not recommend the City Council add this provision; and WHEREAS, the City Council of the City of La Quinta, California did previously hold continued Public Hearings on May 5, and July 7, 2020, to consider this project and continued the Public Hearings to dates certain, at the applicant’s request to allow the applicant additional time to revise the site plan and prepare the revised application package; and WHEREAS, the City Council of the City of La Quinta, California did previously hold duly noticed Public Hearings on February 4 and March 3, 2020, to consider this project and continued the Public Hearings to dates certain, to allow the applicant time to revise the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a continued Public Hearing on December 10, 2019, and recommended Council approval of this project; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a continued Public Hearing on October 8, 2019 to consider this project and continued the Public Hearing to a date certain, to allow the applicant time to revise the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on June 26, 2018 to consider this project and continued the Public Hearing, to allow the applicant time to revise the traffic study and include an analysis of other intersections in the area; and WHEREAS, Environmental Assessment 1998-375 was adopted by the City Council on May 18, 1999 (City Council Resolution 1999-62) and analyzed the original project consisting of an approximate 110,000 sq. ft. shopping center, in compliance with the requirements of the California Environmental Quality Act (CEQA); and Council Resolution 2021 - 005 Environmental Assessment 2017-0006 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 3 of 5 WHEREAS, an addendum to Environmental Assessment 1998-375 was prepared in compliance with the requirements of the CEQA and approved by the City Council on February 19, 2002 (City Council Resolution 2002-30), which analyzed an amendment to the project reducing the size of the shopping center to approximately 100,460 sq. ft.; and WHEREAS, the Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the CEQA, and determined that the project was substantially similar to the original project and amendment but that one or more conditions of CEQA Guidelines Section 15162 had been met requiring a subsequent analysis and determined that a Mitigated Negative Declaration (MND) be prepared to analyze the difference in impacts from the originally adopted MND (Environmental Assessment 1998-375) and subsequent addendum to the currently proposed project. The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.250.010 of the Municipal Code to justify approval of Environmental Assessment 2017-0006: 1. As conditioned, proposed application will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2017-0006. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or Council Resolution 2021 - 005 Environmental Assessment 2017-0006 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 4 of 5 prehistory. Potential impacts can be mitigated to a less than significant level. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources of the habitat on which the wildlife depends. 4. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. Impacts which are individually limited or cumulatively considerable can be mitigated to be less than significant. 5. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. Impacts associated with noise and air quality can be mitigated to be less than significant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case; SECTION 2. That the City Council does hereby adopt the Mitigated Negative Declaration for the “Fairway Plaza Specific Plan Amendment No. 2 ‘Pavilion Palms’ Shopping Center La Quinta, CA”, and Mitigation Monitoring and Reporting Program, enclosed as Exhibit A and incorporated herewith by this reference, for Environmental Assessment 2017-0006. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 2nd day of March, 2021, by the following vote: Initial Study/Mitigated Negative Declaration for the Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center La Quinta, CA EA2017-0006 Prepared for Lead Agency: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Prepared by: Jericho Systems, Inc. 47 N. First Street, 1st Street Redlands, CA 92373 (909) 307-5633 March 2018 RESOLUTION NO. 2021 - 005 EXHIBIT A ADOPTED: MARCH 2, 2021 [this page left intentionally blank] City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page i TABLE OF CONTENTS SECTION 1 - INTRODUCTION .............................................................................................................. 1  SECTION 2 – REGULATORY FRAMEWORK .................................................................................... 2  SECTION 3 - DETAILED PROJECT DESCRIPTION ......................................................................... 3  SECTION 4 - ENVIRONMENTAL CHECKLIST FORM .................................................................... 8  I. AESTHETICS ..................................................................................................... 13  II. AGRICULTURE AND FORESTRY RESOURCES: ......................................... 16  III. AIR QUALITY .................................................................................................... 19  IV. BIOLOGICAL RESOURCES ............................................................................. 26  V. CULTURAL RESOURCES: ............................................................................... 31  VI. GEOLOGY AND SOILS .................................................................................... 36  VII. GREENHOUSE GAS EMISSIONS: ................................................................... 40  VIII. HAZARDS AND HAZARDOUS MATERIALS ............................................... 44  IX. HYDROLOGY AND WATER QUALITY: ....................................................... 47  X. LAND USE AND PLANNING: .......................................................................... 51  XI. MINERAL RESOURCES: .................................................................................. 53  XII. NOISE: ................................................................................................................ 54  XIII. POPULATION AND HOUSING: ....................................................................... 62  XIV. PUBLIC SERVICES: .......................................................................................... 64  XV. RECREATION .................................................................................................... 66  XVI. TRANSPORTATION/TRAFFIC: ....................................................................... 67  XVII. TRIBAL CULTURAL RESOURCES: ................................................................ 73  XVIII. UTILITIES AND SERVICE SYSTEMS: ........................................................... 75  SECTION 5 - SUMMARY OF MITIGATION MEASURES ............................................................... 80  SECTION 6 - REFERENCES ................................................................................................................. 84  FIGURES Figure 1 Regional Overview ......................................................................................................................... 5 Figure 2 Site Location ................................................................................................................................... 6 Figure 3 Site Plan ......................................................................................................................................... 7 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page ii TABLES Table 1 Proposed Site Plan ........................................................................................................................... 4  Table 2 Summer Construction Emissions Summary (Pounds per Day) ..................................................... 20  Table 3 Winter Construction Emissions Summary (Pounds per Day) ........................................................ 21  Table 4 Summer Operational Emissions Summary (Pounds per Day) ....................................................... 22  Table 5 Winter Operational Emissions Summary (Pounds per Day)......................................................... 23  Table 6 Localized Significance Thresholds (Pounds per Day) ................................................................... 24   Table 7 Greenhouse Gas Construction Emissions (Metric Tons per Year) ................................................ 41  Table 8 Greenhouse Gas Operational Emissions (Metric Tons per Year) .................................................. 42  Table 9 Construction Equipment Noise Emission Levels ........................................................................... 55  Table 10 Vibration Source Levels for Typical Construction Equipment.................................................... 56  Table 11 Existing and Projected Future Operational Noise ........................................................................ 58  Table 12 Existing Conditions – Avenue 50 at Jefferson Street .................................................................. 69  Table 13 Opening Day – With Project – Avenue 50 at Jefferson Street ..................................................... 69  Table 14 Future Buildout (Year 2035) – With Project – Avenue 50 at Jefferson Street ............................ 69  APPENDICES Appendix A Site Lighting Plan  Appendix B Air Quality Model Results  Appendix C Biological Resources Report  Appendix D Cultural Resources Report  Appendix E Noise Study  Appendix F Traffic Studies  Appendix G City of La Quinta Engineering Bulletin 06-13    City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 1 SECTION 1 - INTRODUCTION Background La Quinta is a resort city in the Coachella Valley of Riverside County located between Indian Wells and Indio. As of the 2010 census, the population was approximately 37,000, up from the 2000 census, which recorded approximately 24,000. The city limits encompass approximately 37 miles and are generally bounded on the west by Washington Street and the Santa Rosa Mountains, on the north by lands south of Hovley Lane East, on the east by Jefferson Street and Monroe Street, and on the south by Avenue 62 and Avenue 64 (Figure 1). Topographically, the City is situated on a flat valley floor surrounded by low mountains, foothills and alluvial fans characteristic of the desert environment. The valley floor is the site of most of the City’s developed areas, while surrounding mountains and foothills have been designated and are retained as open space. The City has historically contained large areas of agriculture on the valley floor, but this has changed in recent years with increased urbanization. Development within the City limits is now primarily residential, commercial and resort oriented (Terra Nova, July 2012). Hwy 111, a major thoroughfare that provides access to most of the cities in the Coachella Valley, bisects the city’s northern portion. A majority of the major commercial and resort facilities are found along Hwy 111, with the remainder of the city designed for residential and light commercial/retail. In May 1999, the City of La Quinta approved the Fairway Plaza Shopping Center Specific Plan of Land Use and associated parcel map to allow for the development of 100,460 square feet of a supermarket- anchored shopping center with adjacent retail pads on 12.5 acres at the northwest corner of Jefferson Street and 50th Avenue. The parcel is designated and zoned for Community Commercial (CC) use. The Specific Plan adoption included adoption of a Mitigated Negative Declaration. In 2002, an amendment to the Specific Plan was also adopted. To date, that project has not been constructed. On February 19. 2013, the City of La Quinta adopted the Environmental Impact Report (EIR) for its 2035 General Plan (SCH# 2010111094) which included the impacts of adding to commercial uses within the City, including the approved Fairway Plaza Shopping Center Specific Plan. A Statement of Overriding Considerations was also adopted for environmental impacts that could not be mitigated to a level below significance for: Air Quality, Greenhouse Gas, and Traffic (Resolution 2013-009). Currently, the Lundin Development is requesting the City to authorize Amendment No. 2 to the Fairway Plaza Specific Plan to change the name of the approved Specific Plan to “Pavilion Palms” and construct a total of 125,800 square feet of a supermarket-anchored shopping center and adjacent retail pads on the 12.5-acre site at the corner of Jefferson Street and 50th Avenue, within the same area of the previously- approved Fairway Plaza Specific Plan, and its subsequent amendment. Amendment No. 2 would add 25,340 square feet of retail and ancillary uses. Proposed uses within the commercial center development are similar to the previously approved plan, and include banks, restaurants, gasoline service station, and grocery store (Figure 3). City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 2 SECTION 2 – REGULATORY FRAMEWORK The City of La Quinta has identified that the Pavilion Palms Shopping Center Project meets the California Environmental Quality Act (CEQA) Guidelines Section 15378 definition of a Project. CEQA Guidelines Section 15378 defines a Project as the following: (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This document is an Initial Study/Mitigated Negative Declaration (IS/MND) prepared in accordance with the California Environmental Quality Act (CEQA), including all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.). This IS/MND is an informational document intended for use by the City of La Quinta, City Council and Responsible agencies, and members of the general public in evaluating the physical environmental effects of the proposed Project. It was compiled by the City of La Quinta with the assistance of Jericho Systems Inc. (Jericho). The City of La Quinta is serving as the Lead Agency for the proposed Project pursuant to CEQA §21067 and CEQA Guidelines Article 4 and §15367. “Lead Agency” refers to the public agency that has the principal responsibility for carrying out or approving a Project. Organization of the Initial Study The Initial Study is organized as follows: Introduction: Provides the regulatory context for the review along a brief summary of the CEQA process. Project Information: Provides fundamental Project information, such as the Project description, Project location and figures. Lead Agency Determination: Identifies environmental factors potentially affected by the Project and identifies the Lead Agency's determination based on the initial evaluation. Mitigated Negative Declaration: Prepared when a determination can be made that no significant environmental effects will occur because revisions to the Project have been made or mitigation measures will be implemented which will reduce all potentially significant impacts to less than significant levels. Mitigation Monitoring Program Table: Identifies objectives, criteria, and specific procedures to administer the SBVWCD’s responsibilities under CEQA. Evaluating Environmental Impacts: Provides the parameters the SBVWCD uses when determining level of impact. CEQA Checklist: Provides an environmental checklist and accompanying analysis for responding to checklist questions. References: Includes a list of references and various resources utilized in preparing the analysis. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 3 SECTION 3 - DETAILED PROJECT DESCRIPTION Introduction Lundin Development, a private entity, is requesting authorization from the City of La Quinta to amend the previously approved Fairway Specific Plan by changing the name to “Pavilion Palms,” and constructing a total of 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Amendment No. 2 would add 25,340 square feet of retail and ancillary uses to the 100,460 square feet previously approved. Proposed uses within the commercial center development include the same uses as previously approved, including banks, restaurants, gasoline service station, and grocery store (Figure 3). The site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The amended Project, with the 125,800 square feet represents approximately 0.22 FAR, below the maximum allowed under the City’s General Plan. The Assessor Parcel Numbers for this Project are: APNs: 602-180-003, 602-180-004, 602-180-005, 602- 180-013, and 602-180-014. Per the City of La Quinta General Plan, the Project site is zoned Community Commercial (CC) for commercial use. The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by residential development that fronts Jess Anne Drive, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. Detailed Project Description Site Plan The Project site consists of five parcels that total approximately 12 acres. The proposed Project will be anchored by Pavilions grocery store and includes restaurants, banks, and retail units, as well as a fuel center/convenience market. In total, the proposed development would provide approximately 125,800 square feet (sf) of gross floor area, which is detailed by building and proposed use in Table 1. Construction Scenario The site is currently vacant, so no demolition of existing structures are necessary. The project is anticipated to be constructed and opened to the public in approximately two years. For this analysis, the project opening day is assumed to be in the year 2020. Grading The site is relatively flat and contains sparse desert scrub. Soil balancing will be used during grading so that there will be no soil import or export. The desert scrub brush on site will be removed or buried depending on size and type. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 4 Site Utilities All utilities are available for connection from the main lines located within the paved rights of way along Jefferson Street and Avenue 50. Site Ingress/Egress Development Access to the Project is proposed via five driveways (labeled A-E in Figure 3): two to the south on Avenue 50, two to the east on Jefferson Street, and one to the north on Derek Alan Drive. Table 1 Proposed Site Plan City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 5 Figure 1 Regional Overview City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 6 Figure 2 Site Location City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 7 Figure 3 Site Plan City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 8 Section 4 - Environmental Checklist Form 1. Project Title: Pavilion Palms Shopping Center 2. Lead Agency Name: City of La Quinta Address: 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person: Cheri Flores, Senior Planner City of La Quinta 8-495 Calle Tampico La Quinta, CA 92253 Phone Number: (760) 777-7000 4. Project Location: Assessor Parcel Numbers 602-180-003, 602-180-004, 602-180-005, 602-180-013, and 602-180-014 0660-081-30 Intersection of Jefferson Street and Avenue 50 5. Project Sponsor’s Lundin Development Name and Address: 16400 Pacific Coast Highway, Suite 207 Huntington Beach, CA 92649 6. General Plan Designation: General Commercial (GC) 7. Zoning: Community Commercial (CC) 8. Project Description Summary: Lundin Development, a private entity, is requesting authorization from the City of La Quinta to amend the previously approved Fairway Plaza Specific Plan by changing the name to “Pavilion Palms,” and constructing a total of 125,800 square-foot mixed-use commercial center development project on the 12- acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Amendment No. 2 would add 25,340 square feet of retail and ancillary uses to the 100,460 square feet previously approved. Proposed uses within the commercial center development include the same uses as previously approved, including banks, restaurants, gasoline service station, and grocery store (Figure 3). The site is designated and zoned for Community Commercial (CC) use. The proposed Project will be anchored by Pavilions grocery store and includes restaurants, banks, and retail units, as well as a fuel center/convenience market. The project is anticipated to be constructed and opened to the public in approximately two years. For this analysis, the project opening day is assumed to be in the year 2020. Prior approvals for this site include the Fairway Plaza Shopping Center Specific Plan and associated Amendment No. 1, which was approved by the City of La Quinta in 1999 and 2002, respectively. That plan identified the development of 100,460 square feet of a supermarket-anchored shopping center with adjacent retail pads on 12.5 acres at the corner of Jefferson Street 50th Avenue. The 1998 and 2002 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 9 Specific Plan adoption included adoption of a Mitigated Negative Declaration. That project was not constructed. On February 19. 2013, the City of La Quinta adopted the Environmental Impact Report (EIR) for its 2035 General Plan (SCH# 2010111094) which included the impacts of adding to commercial uses within the City, including the approved Fairway Plaza Shopping Center Specific Plan. A Statement of Overriding Considerations was also adopted for environmental impacts that could not be mitigated to a level below significance for: Air Quality, Greenhouse Gas, and Traffic (Resolution 2013-009). The Proposed Project represents Amendment No. 2 to the existing, approved Specific Plan. 9. Surrounding Land Uses and Setting The site is located on a vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store (Figure 2). The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by a large retention basin with residential development west of the retention basin, on the east by Jefferson Street and commercial development within the City of Indio, and on the south by Avenue 50 and residential development. 10. Lead Agency Discretionary Actions: Discretionary actions that may be taken by the Lead Agency include, but are not limited to, the following:  Grading Plan approval  Approval of an Amendment to SP98-034 Fairway Plaza Specific Plan (SP2017-0002)  Approval of Tentative Parcel Map 37370 (TPM2017-0003)  Approval of Site Development Permit (SDP2017-0009) 11. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): Construction Compliance – Stormwater Discharge. Construction projects that disturb 1 acre of land or more are required to obtain coverage under the NPDES General Permit for Construction Activities (General Construction Permit), which requires the applicant to file a notice of intent (NOI) to discharge stormwater and to prepare and implement a SWPPP. The SWPPP includes an overview of the Best Management Practices (BMPs) that would be implemented to prevent soil erosion and discharge of other construction-related pollutants that could contaminate nearby water resources. Federal, State and Local permits for the fuel station, as required. 12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun? Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 10 Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. The City of La Quinta initiated AB52 process began October 3, 2017. Letters were sent to tribes on the list received from the Native American Heritage Commission. Responses were received from Cabazon Band of Mission Indians (Cabazon), Agua Caliente Band of Cahuilla Indians (ACBCI) and Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms). The Cultural Study from CRM Tech was sent to ACBCI and Twenty-Nine Palms as requested. Both ACBCI and Twenty-Nine Palms asked for approved Native American Monitors from the ACBCI and Twenty-Nine Palms to be present during ground disturbing activities of the project construction. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 11 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ̀ Aesthetics . Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology & Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic Utilities / Service Systems Mandatory Findings of Significance Determination (To be completed by the Lead Agency) On the basis of this initial evaluation, the following finding is made: The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature (prepared by Jericho Systems, Inc.) Date Signature (Lead Agency, City of La Quinta) Date 3/22/2018 3/22/2018 City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 12 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project would not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. d) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 13 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply I. Aesthetics Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Environmental Setting La Quinta includes a mixture of building types built over various time periods, and with a variety of architectural styles. Development includes structures built in the early twentieth century, and new master- planned communities built within the last decade. Architectural styles include those typical of Spanish Colonial, Mediterranean, Contemporary, Tuscan, and Modern styles. Spanish Colonial architecture is the most prevalent style used in La Quinta, and examples include the La Quinta Resort & Spa and Old Towne in the Village (Terra Nova Planning & Research Inc., July 2012). The Project site is currently vacant. The surrounding land use designations consist primarily of residential and commercial. The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by a retention basin with residential development west of the retention basin, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store. Consistent with the approved Fairway Plaza Specific Plan, the Project, as revised, will still contain design elements consistent with the City’s design standards, including Contemporary architectural style using arched colonnades with tile roofs. Additional architectural elements such as textured finishes, roundels, accent tile and raised trellises will be used to provide further details and interest, thus further enhancing the individual buildings and the quality appearance of the shopping center in general. The landscaped setbacks along Avenue 50 and Jefferson Street will incorporate sidewalks with a variety of trees, shrubs and flowers, which accompanied by the parking lot landscaping, are designed to provide an inviting atmosphere to draw shoppers to the center. Impact Analysis a) Have a substantial adverse effect on a scenic vista? City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 14 Less Than Significant Impact. The CEQA Guidelines do not provide a definition of what constitutes a “scenic vista” or “scenic resource” or a reference as to from what vantage point(s) the scenic vista and/or resource, if any, should be observed. However, a scenic vista can generally be defined as a viewpoint from a public vantage that provides expansive views of a highly-valued landscape for the benefit of the general public. Common examples include undeveloped hillsides, ridgelines, and open space areas that provide a unifying visual backdrop to a developed area. Scenic resources can generally be defined as those landscape patterns and features that are visually or aesthetically pleasing and that contribute affirmatively to the definition of a distinct community or region such as trees, rock outcroppings, and historic buildings. The Project site currently consists of vacant, disturbed land. The Project site is not considered to be a scenic vista. As previously discussed, the surrounding land uses include residential and commercial use. The heights of the proposed buildings are consistent with the municipal code and other commercial areas in the vicinity, and are not considered to be obtrusive when compared to the surrounding area. Therefore, less than significant impacts would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Project is not located within a state scenic highway, and therefore, no impact to trees or rock outcroppings, or historic buildings within a state scenic highway would occur. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The Project site currently consists of vacant, disturbed land. As previously discussed, the surrounding land uses include residential and commercial uses. The height and scale of the proposed buildings are consistent with other commercial areas in the vicinity, and is not considered to be obtrusive when compared to the surrounding area. Therefore, less than significant impacts would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The City of La Quinta does not permit construction activities outside of daylight hours, so the construction associated with the proposed Project would not cause the emission of light beyond existing circumstances in that area. Within the City limits, the majority of lands are developed, and daytime and nighttime skies are already impacted to a limited extent by light and glare. The site lighting includes 14 poles for the entire 540,989 square foot lot. The lighting plan identifies the use of LED lighting placed in a manner where the light will spread out uniformly across the lot while maintaining a lower power density. Based on the photometric plans, there is almost no leakage onto off site areas. The light intensity begins to fade long before reaching anywhere outside the lot. A lighting plan and study was completed on August 21, 2017 by Innovative Design Engineers (Appendix A). The dual head pole in the southwest corner will need to be shielded to prevent spillage into the residential area. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 15 Additionally, California Code of Regulations (CCR) Title 24, Parts 1 and 6 (Building Energy Efficiency Standards), establishes requirements for outdoor lighting for residential and nonresidential development. The standards regulate lighting characteristics such as maximum power and brightness, shielding, and sensor controls to turn lighting on and off. The City requires that commercial structures comply with Title 24. Therefore, less than significant impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006 No mitigation measures were identified to be associated with the previously-approved project. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): AES-1 Provide shielding for the dual head pole in the southwest corner as per the lighting design engineering recommendations. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 16 II. Agriculture and Forestry Resources: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non-forest use? X e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? X Environmental Setting Agriculture has historically been a major economic sector in the eastern portion of the Coachella Valley, including La Quinta. Although most of the farms have within the incorporated regions of La Quinta no longer exist, agriculture is still an economic factor east of the incorporated boundary, within the proposed Sphere of Influence and beyond. (Terra Nova, July 2012). The Riverside County Important Farmland 2016 Map, developed by the California Department of Conservation, highlights areas within the Coachella Valley that are important agricultural producing lands. Prime Farmland includes areas with both good physical and chemical attributes able to sustain City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 17 long-term agriculture production. Unique Farmland areas produce crops of statewide importance; however contain lower quality soils than those within Prime Farmland. The site was formerly utilized for citrus grove farming, but the groves were removed in the early 1990s. The site is identified by the State of California Department of Conservation as Farmlands of Local Importance. Farmland of Local Importance are lands generally without irrigation, and which produce dry crops that may be important locally, but are not important for statewide agriculture production. The Project site is currently vacant land that is zoned for commercial uses. Impact Analysis a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less Than Significant. The site was formerly utilized for citrus grove farming, but the groves were removed in the early 1990s. The site is identified by the State of California Department of Conservation as Farmlands of Local Importance. Farmland of Local Importance are lands generally without irrigation, and which produce dry crops that may be important locally, but are not important for statewide agriculture production. The Project site is only approximately 12 acres which is not suitable for sustainable commercial crops. The City of La Quinta has designated the Site as Community Commercial for development of commercial use. Therefore, there is a less than significant impact to this criterion because while the site is designated for local importance, it is not designated as Prime Farmland, Unique Farmland or Farmland of Statewide Importance. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. There are no agricultural or Williamson Act contract lands within the Project site. Therefore, no impact would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site currently consists of vacant land, and is zoned Community Commercial (CC). The Project site does not contain forest land. Therefore, no impact would occur. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. There is no forest land in the Project area. Therefore, no impact would occur in this regard. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non- forest use? City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 18 No Impact. The Project Area consists of vacant, disturbed land and is zoned Community Commercial (CC). Therefore, no impacts would occur in this regard. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 19 III. Air Quality Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Environmental Setting Lundin Development is proposing a 125,800 square-foot mixed-use commercial center project on approximately 12 acres. In May 1999, the City of La Quinta approved a 100,460 square-foot mixed-use commercial center Specific Plan for the 12-acre Project Site. The approval of the Specific Plan included adoption of a Mitigated Negative Declaration (MND). The City also adopted a Statement of Overriding Considerations for significant and unavoidable air quality impacts identified in the updated General Plan EIR on February 19, 2013. Therefore, the analysis herein is based on the net increase of approximately 25,340 square-feet of new uses not previously reviewed or approved in the 1999 Specific Plan and subsequent 2012 Updated General Plan. Impact Analysis – Air Quality a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant. The Project Site is located in the Salton Sea Air Basin (SSAB). The South Coast Air Quality Management District (SCAQMD) has jurisdiction over air quality issues and regulations within the SSAB. The Air Quality Management Plan (AQMP) for the basin establishes a program of rules and regulations administered by SCAQMD to obtain attainment of the state and federal air quality standards. The most recent AQMP (AQMP 2016) was adopted by the SCAQMD on March 3, 2017. The 2016 AQMP incorporates the latest scientific and technological information and planning assumptions, including the 2016 Regional Transportation Plan/Sustainable Communities Strategy and updated emission inventory methodologies for various source categories. The 2016 AQMP was adopted by the Southern California Association of Governments (SCAG) Regional Council on April 7, 2016. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 20 The Proposed Project is located within the Community Commercial (CC) land use designation of the Specific Plan/General Plan. The proposed mixed-use commercial uses are allowed within the CC land use area which have been reviewed and approved within the 2012 General Plan update. Approval of the proposed revision would not require a zone change nor a General Plan Amendment. Therefore, approval of the Proposed Project would not conflict with the AQMP. Less than significant impact is anticipated. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?  Less Than Significant With Mitigation Incorporated. The Proposed Project’s construction and operational emissions (based on net the increase of approximately 25,340 square-feet of new uses) were screened using California Emissions Estimator Model (CalEEMod) version 2016.3.1 prepared by the SCAQMD (Appendix B). CalEEMod was used to estimate the on-site and off-site construction emissions. The emissions incorporate Rule 402 and 403 by default as required during construction. The criteria pollutants screened for include: reactive organic gases (ROG), nitrous oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), and particulates (PM10 and PM2.5). In addition, reactive organic gas (ROG) emissions are analyzed. Two of the analyzed pollutants, ROG and NOX, are ozone precursors. Both summer and winter season emission levels were estimated. Construction Emissions Construction emissions are considered short-term, temporary emissions and were modeled with the following construction parameters: site grading (mass and fine grading), building construction, paving, and architectural coating. The resulting emissions generated by construction of the Proposed Project are shown in Table 2 and Table 3, summer and winter construction emissions, respectively. As shown in Table 2 and Table 3, construction emissions would not exceed SCAQMD thresholds with the implementation of a 10-day painting schedule. Therefore, Mitigation Measure AIR-1 is recommended during the construction Phase: Table 2 Summer Construction Emissions Summary (Pounds per Day) Source/Phase ROG NOX CO SO2 PM10 PM2.5 Site Preparation 0.9 10.5 4.5 0.0 0.7 0.5 Grading 1.3 10.5 8.3 0.0 1.1 1.0 Building Construction 1.3 13.2 8.5 0.0 0.9 0.8 Paving 1.0 8.8 7.9 0.0 0.7 0.5 Architectural Coating 59.0 2.0 1.9 0.0 0.2 0.2 Highest Value (lbs/day) 59.0 13.2 8.5 0.0 1.1 1.0 SCAQMD Threshold 75 100 550 150 150 55 Significant No No No No No No Source: CalEEMod.2016.3.1 Summer Emissions. Phases do not overlap and represent the highest concentration. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 21 Table 3 Winter Construction Emissions Summary (Pounds per Day) Source/Phase ROG NOX CO SO2 PM10 PM2.5 Site Preparation 0.9 10.5 4.5 0.0 0.7 0.5 Grading 1.3 10.5 8.3 0.0 1.1 1.0 Building Construction 1.3 13.2 8.5 0.0 0.9 0.8 Paving 1.0 8.8 7.9 0.0 0.7 0.5 Architectural Coating 59.0 2.0 1.9 0.0 0.2 0.2 Highest Value (lbs/day) 59.0 13.2 8.5 0.0 1.1 1.0 SCAQMD Threshold 75 100 550 150 150 55 Significant No No No No No No Source: CalEEMod.2016.3.1 Winter Emissions. Phases do not overlap and represent the highest concentration. Compliance with SCAQMD Rules 402, and 403 Although the Proposed Project does not exceed SCAQMD thresholds for construction emissions, the Applicant would be required to comply with all applicable SCAQMD rules and regulations as the SSAB is in non-attainment status for ozone and suspended particulates (PM10). Compliance with SCAQMD Rule 402, and 403 The Project Applicant would be required to comply with Rules 402 nuisance, and 403 fugitive dust, which require the implementation of Best Available Control Measures (BACMs) for each fugitive dust source, and the AQMP, which identifies Best Available Control Technologies (BACTs) for area sources and point sources. The BACMs and BACTs would include, but not be limited to the following: 1. The Project Proponent shall ensure that any portion of the site to be graded shall be pre-watered prior to the onset of grading activities. a. The Project Proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly (2 times daily) to ensure that a crust is formed on the ground surface and shall be watered at the end of each workday. b. The Project Proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon. c. The Project Proponent shall ensure that landscaped areas are installed as soon as o reduce the potential for wind erosion. d. The Project Proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. During construction, exhaust emissions from construction vehicles and equipment and fugitive dust generated by equipment traveling over exposed surfaces, would increase NOX and PM10 levels in the area. Although the Proposed Project does not exceed SCAQMD thresholds during construction, the Applicant/Contractor would be required to implement the following conditions as required by SCAQMD: City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 22 1. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of vehicle fuel. 2. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation during construction. 3. The Project Proponent shall ensure that construction personnel are informed of ride sharing and transit opportunities. 4. All buildings on the Project Site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 5. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize exhaust emissions from truck idling. 6. The operator shall comply with all existing and future California Air Resources Board (CARB) and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment. Operational Emissions The operational mobile source emissions were calculated using the Traffic Impact Analysis (TIA) prepared by Albert Grover & Associates on July 27, 2017. The TIA determined that the shopping center would generate approximately 13,328 daily trips (See Table 4 of Appendix F). Trips were broken down by land use and land use size. The TIA also included a 20-percent reduction in traffic to account for pass- by-credit. As the Proposed Project is evaluated as the Specific Plan delta of 25,340 square-feet of new uses (approximately 20 percent greater than was approved in the Specific Plan), 4,513 daily trips (approximately 34 percent of the development based on more intense uses) were modeled to represent a worst-case scenario. Emissions associated with the Proposed Project’s estimated vehicle trips were modeled and are listed in Table 3 and Table 4, summer and winter operational emissions, respectively. As shown, both summer and winter season operational emissions are below SCAQMD thresholds. Impacts are anticipated to be less than significant and no mitigation measures are required. Table 4 Summer Operational Emissions Summary (Pounds per Day) Source ROG NOX CO SO2 PM10 PM2.5 Area 0.7 0.0 0.0 0.0 0.0 0.0 Energy 0.0 0.7 0.6 0.0 0.0 0.0 Mobile 8.2 45.8 41.7 0.1 5.5 1.6 Totals (lbs/day) 8.9 46.5 42.2 0.1 5.5 1.6 SCAQMD Threshold 55 55 550 150 150 55 Significance No No No No No No Source: CalEEMod.2016.3.1 Summer Emissions. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 23 Table 5 Winter Operational Emissions Summary (Pounds per Day) Source ROG NOX CO SO2 PM10 PM2.5 Area 0.7 0.0 0.0 0.0 0.0 0.0 Energy 0.0 0.7 0.0 0.0 0.0 0.0 Mobile 6.7 44.7 42.2 0.0 5.5 1.6 Totals (lbs/day) 7.4 45.4 42.2 0.0 5.5 1.6 SCAQMD Threshold 55 55 550 150 150 55 Significance No No No No No No Source: CalEEMod.2016.3.1 Winter Emissions. The Proposed Project does not exceed applicable SCAQMD regional thresholds during the short-term construction phase with the implementation of at a minimum 10-day painting schedule or operational activities and the associated impacts are considered to be less than significant with the mitigation measure incorporated. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less Than Significant. The project was previously reviewed and approved as the Fairway Plaza Shopping Center, Project 2002-06, designed to provide approximately 100,460 square feet of retail space with accommodating parking and landscaping areas The Proposed Project, revised as the Pavilion Palms Shopping Center, includes the original 100,460 square feet of retail space with accommodating parking and landscape area plus an additional 25,340 square-feet of complementary uses. The additional uses would not cumulatively generate a considerable net increase of any criteria pollutant nor violate any air quality standard during construction and operation of the Proposed Project (refer to Table 2 through Error! Reference source not found.). The site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The proposed Project represents approximately 0.22 FAR. Therefore, because the Project proposes to use less than the maximum allowed under the zoning, a less than significant impact is anticipated. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant. SCAQMD has developed a methodology to assess the localized impacts of emissions from a Proposed Project as outlined within the Final Localized Significance Threshold Methodology report; completed in June 2003 and revised in July 2008. The use of Localized Significance Thresholds (LST) is voluntary, to be implemented at the discretion of local public agencies acting as a lead agency pursuant to CEQA. Although the proposed use would not exceed SCAQMD Thresholds (Table 2 through Table 4) LSTs, including the restaurant drive-through facilities, were evaluated to further demonstrate at a local level that impacts would be less than significant. LSTs would typically only apply to projects that must undergo CEQA or the National Environmental Policy Act (NEPA) and are five acres or less. Although the Proposed Project calls for 5.78 acres of net development, LST methodology will be incorporated to represent worst-case scenario emissions thresholds. CalEEMod version 2016.3.1 was used to estimate the on-site and off-site construction emissions. The LSTs were developed to analyze the significance of potential air quality impacts of proposed projects to sensitive receptors (i.e. schools, single family residences, etc.) and provides screening tables for small projects (one, two, or five acres). Projects are evaluated based on geographic location and distance from the sensitive receptor (25, 50, 100, 200, or 500 meters form the site). City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 24 For the purposes of a CEQA analysis, the SCAQMD considers a sensitive receptor to be a receptor such as residence, hospital, convalescent facility or anywhere that it is possible for an individual to remain for 24 hours. Additionally, schools, playgrounds, child care centers, and athletic facilities can also be considered as sensitive receptors. Commercial and industrial facilities are not included in the definition of sensitive receptor because employees do not typically remain on-site for a full 24 hours, but are usually present for shorter periods of time, such as eight hours. The Proposed Project includes approximately 12 acres of development. The “5 acres scenario” was used to represent a worst-case scenario as the larger the site the greater the emission allowance. The Project Site is located at the intersection of Jefferson Street and Avenue 50 and is bordered to the north by Derek Alan Drive and residential development, to the west by Jess Anne Drive and residential development, to the east by Jefferson Street and commercial development, and to the south by Avenue 50 and residential development. The nearest sensitive receptor land uses are the residential developments located adjacent to the north, west, and south boundary of the Project Site and therefore LSTs are based on a 25-meter distance. A comparison of the construction and operational emissions with the appropriate LST, per distance from the Project Site boundary (geographical area of Source Receptor Area (SRA) No. 30 – Coachella Valley; 5-acre site) according to the SCAQMD Mass Rate Look-up Tables, are listed in Table 6. Table 6 Localized Significance Thresholds (Pounds per Day) NOx CO PM10 PM2.5 Construction Emissions (Max. from Table 2 and/or Table 3) 13.2 8.5 1.1 1.0 Operational Emissions (Max. Total from Table 4 and/or Table 5)1 4.6 4.2 0.6 0.6 Highest Value (lbs/day) 13.2 8.5 1.1 0.6 1.0 0.6 LST Thresholds 132 2,292 14* 4† 8* 2† Greater Than Threshold No No No No No No Note: PM10 and PM2.5 emissions are separated into construction and operational thresholds in accordance with the SCAQMD Mass Rate LST Look-up Tables. * Construction emissions LST threshold † Operational emissions LST threshold 1 Per LST Methodology, mobile source emissions do not need to be included except for land use emissions and on-site vehicle emissions. It is estimated that approximately 10% of mobile emissions will occur on the Project Site. Source: CalEEMod.2016.3.1 Summer & Winter Emissions; SCAQMD Final Localized Significance Threshold Methodology; SCAQMD Mass Rate Look-up Tables for 5-acre site in SRA No. 30, distance of 25 meters. As shown in Table 6, the Proposed Project’s emissions are not anticipated to exceed the LSTs. Therefore, the Proposed Project is not anticipated to expose sensitive receptors to substantial pollutant concentrations. Less than significant impact is anticipated and no mitigation measures are required. e) Create objectionable odors affecting a substantial number of people? Less than Significant. The Proposed Project does not contain land uses typically associated with the emission of objectionable odors. Potential odor sources associated with the Proposed Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities; and the temporary storage of domestic solid waste (refuse) associated with the Projects’ long- term operational uses. Standard construction requirements would minimize odor impacts resulting from construction activity. Any construction odor emissions generated would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 25 construction activity. It is expected that Project-generated refuse would be stored in covered containers and removed at regular intervals in compliance with the City of La Quinta’s solid waste regulations. The Project would be also required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances. Therefore, odors associated with the Proposed Project construction and operations would be less than significant and no mitigation measures are required. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006:  All construction equipment shall be maintained in good operating condition, and shall be properly serviced and repaired as needed. ꞏ  Prior to the issuance of the first grading permit, the project proponent shall demonstrate, or cause to be demonstrated to the Community Development Department that all construction equipment to be utilized shall be low emission, or how the use of low emission construction equipment is infeasible.  Low VOC paints, primers and coatings shall be required for all buildings on the project site. All paints shall be applied using either a high volume/low pressure spray or by hand.  The proposed project shall provide a bus turnout, shelter and associated improvements on Jefferson Street and on Avenue 50, unless Sunline Transit provides written confirmation-that no such turnout(s) or shelters are needed.  As required by the Municipal Code, the businesses operating within the proposed project shall conform to the Transportation Demand Management requirements in place at the time they begin operation.  Deliveries to the project site shall occur during off-peak periods. Mitigation Measures: AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 26 IV. Biological Resources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Environmental Setting The subject parcel is mapped on the U.S. Geological Survey (USGS) – La Quinta, 7.5-Minute Series Topographic Quadrangle Map near the southern boundary of Section 32, Township 6 South, Range 7 East, San Bernardino Base and Meridian. The elevation of the center of the project site is 34 feet above mean sea level (amsl). The existing topography of this site is relatively flat. The soils within the subject parcel consist of Myoma fine sand, 0 to 5 percent slopes and Myoma fine sand, 5 to 15 percent slopes. This soil type consists of wind-blown sandy alluvium and is somewhat excessively drained. The local climatic conditions in the project area are characterized by hot summers, mild winters, infrequent rainfall, and low humidity. The average annual temperature ranges from an average low of 41 degrees Fahrenheit (° F) in December to an average high of 107° F in July-August. The rainy season begins in November and continues through March, with the quantity and frequency of rain varying from year to year. The average annual rainfall is approximately 3.15 inches. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 27 Biological Surveys Jericho Systems, Inc. (Jericho) prepared a General Biological Resources Assessment and Coachella Valley Multiple Species Habitat Conservation Plan Consistency Review in May 2017 (Jericho, May 23, 2017). The City of La Quinta falls entirely within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) area. The subject parcel is not located within or adjacent a Conservation Area. The CVMSHCP requires a habitat assessment for the burrowing owl (BUOW). If habitat for the BUOW is present, a focused survey is required. Several sensitive species have been documented within the vicinity of the subject parcel, including the State- and/or federally-listed as threatened or endangered flat-tailed horned lizard (Phrynosoma mcallii), Coachella Valley milk-vetch (Astragalus lentiginosus var. coachellae) and Coachella Valley fringe-toed lizard (Uma inornata), as well as burrowing owl (Athene cunicularia), which is considered a Species of Special Concern by the California Department of Fish and Wildlife (CDFW). On May 7, 2017, Jericho Biologist Eugene Jennings conducted a systematic and comprehensive pedestrian survey on site to assess the habitat suitability for burrowing owl to satisfy the requirements set forth in the CVMSHCP and to determine if focused presence/absence surveys for any of the species would be required. The habitat assessment included a 100 percent coverage pedestrian field survey, and adherence to the MSHCP Burrowing Owl California Department of Fish and Wildlife (CDFW) survey protocols. Surveys were conducted during optimal burrowing owl activity times, consistent with conservation ethics, systematic and covered all habitat types on the site, and during a good rainfall year. Survey Results The biological survey report (Jericho, May 23, 2017) indicated that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. The project site is completely disturbed, consisting entirely of previously graded soils with sparse weedy vegetation and re-sprouted creosote bush scrub (Larrea tridentata Shrubland Alliance) associated species. Plant species observed on site include creosote, as well as ruderal and non-native species including, Russian thistle (Salsola tragus) and saltcedar (Tamarix ramosissima). No suitable BUOW habitat was identified on site during the burrowing owl habitat assessment survey. Therefore, no additional protocol-level focused surveys will be required. No other listed or sensitive species or sensitive habitat were observed on the site. The subject parcel does not contain suitable habitat for any of the sensitive species that have been documented in the project vicinity. There were no stream channels, washes, or swales as defined by Section 1600 of the State of California Fish and Game Code (FGC) under jurisdiction of the CDFW, or “Waters of the United States” (WoUS) as defined by Section 404 of the Clean Water Act (CWA) under the jurisdiction of the U.S. Army Corps of Engineers (Corps) within the subject parcel. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 28 Impact Analysis a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant. Several sensitive species have been documented within the vicinity of the subject parcel, including the State- and/or federally-listed as threatened or endangered flat-tailed horned lizard (Phrynosoma mcallii), Coachella Valley milk-vetch (Astragalus lentiginosus var. coachellae) and Coachella Valley fringe-toed lizard (Uma inornata), as well as burrowing owl (Athene cunicularia), which is considered a Species of Special Concern by the California Department of Fish and Wildlife (CDFW). The biological survey results identified that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. No suitable BUOW habitat was identified on site during the burrowing owl habitat assessment survey; therefore, no additional protocol-level focused surveys are required. No other listed or sensitive species or sensitive habitat were observed on the site. The subject parcel does not contain suitable habitat for any of the sensitive species that have been documented in the project vicinity. Therefore, there is a less than significant impact. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. Riparian communities occur along stream courses and drainages, and are floristically and structurally distinct from the adjacent upland communities. The biological survey results identified that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. There were no stream channels, washes, or swales as defined by Section 1600 of the FGC under jurisdiction of the CDFW, or WoUS as defined by Section 404 of the CWA under the jurisdiction of the Corps within the subject parcel. The Project site is completely disturbed and barren with no hydrological process on site. There are no natural streams or drainages that traverse the Project site. The lack of hydrology on site makes it non-suitable for riparian habitat. No adverse impacts to riparian or sensitive natural habitat would occur. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The biological survey results identified that the entire subject parcel is within an urban developed area and consists of disturbed, undeveloped land that has previously been rough graded. There were no stream channels, washes, or swales as defined by Section 1600 of the FGC under jurisdiction of the CDFW, or WoUS as defined by Section 404 of the CWA under the jurisdiction of the Corps within the subject parcel. The Project site is completely disturbed and barren with no hydrological process on site. There are no natural streams or drainages that traverse the Project site. The lack of hydrology on site makes it non-suitable for riparian habitat. Therefore, there is no impacts because no wetlands occur on site, nor are there fluvial processes where wetlands would be present. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 29 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant With Mitigation Incorporated. The Project site is surrounded by urban development. Additionally, the Project site itself is fully disturbed with no ability to provide movement of fish or wildlife species. Additionally, no known wildlife corridors are identified within the Project site or the immediate vicinity. No adverse impacts to wildlife movement would occur. However, the project site contains sparse weedy vegetation and re-sprouted creosote bush scrub (Larrea tridentata Shrubland Alliance) associated species, as well as ruderal and non-native species including, Russian thistle (Salsola tragus) and saltcedar (Tamarix ramosissima), which represents potential foraging and nesting habitat for migratory bird species. The impacts for these bird species however, are not considered regionally or locally significant but the State of California prohibits the “take” of active bird nests. To avoid an illegal take of active bird nests, Mitigation Measure BIO-1 is required to reduce impacts to less than significant. Mitigation measure BIO-1 is located at the end of this section. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. As biological resources, including threatened resources and habitat that could support such species, are not present on or near the Project site, no policies or ordinances protecting such resources would apply. This includes tree preservation policies. Therefore, there are no conflicts with local policies or ordinances. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant. The City of La Quinta falls entirely within the CVMSHCP area. The subject parcel is not located within or adjacent to a Conservation Area. The CVMSHCP requires a habitat assessment for the BUOW which requires focused surveys if present. Several sensitive species have been documented within the vicinity of the subject parcel, including the State- and/or federally-listed as threatened or endangered flat-tailed horned lizard (Phrynosoma mcallii), Coachella Valley milk-vetch (Astragalus lentiginosus var. coachellae) and Coachella Valley fringe-toed lizard (Uma inornata), as well as burrowing owl (Athene cunicularia), which is considered a Species of Special Concern by the California Department of Fish and Wildlife (CDFW). However, site surveys for the BUOW indicated that there is no suitable habitat for the BUOW or any sensitive species documented within the vicinity. Therefore, there are no conflicts with any adopted conservation plan. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 30 Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): BIO – 1: Any grubbing, brushing or tree removal should be conducted outside of the State identified nesting season for migratory birds, which is typically March 15 through September 1. If work cannot be conducted outside of nesting season, a migratory nesting bird survey within and adjacent to the project site shall be conducted by a qualified biologist within three (3) days prior to initiating the construction activities. If active nests are found during the pre-construction nesting bird surveys, a Nesting Bird Plan (NBP) will be prepared and implemented. At a minimum, the NBP will include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The NBP will include a copy of maps showing the location of all nests and an appropriate buffer zone around each nest sufficient to protect the nest from direct and indirect impact. The size and location of all buffer zones, if required, shall be determined by the biologist, and shall be based on the nesting species, its sensitivity to disturbance, and expected types of disturbance. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist has determined the young birds have successfully fledged and a monitoring report has been submitted, reviewed and approved by the City of La Quinta. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 31 V. Cultural Resources: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? X c) Directly or indirectly destroy a unique paleon- tological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X e) Cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074? X Environmental Setting The Coachella Valley is a historical center of Native American settlement where a large number of Indian villages and rancherias were observed in the mid-nineteenth century. The Cahuilla people are generally divided, by anthropologists, into three groups, according to their geographic setting: the Pass Cahuilla in the Banning-Beaumont area, the Mountain Cahuilla in the San Jacinto and Santa Rosa Mountains and the Cahuilla Valley, and the Desert Cahuilla in the Coachella Valley. The Cahuilla did not have a single name that referred to an all-inclusive tribal affiliation. Membership was in terms of lineages or clans. Individual clans had villages, or central places, and territories they called their own. These were lands they considered theirs for purposes of hunting game, gathering food, or utilizing other necessary resources in the forms of trade, intermarriage, and ceremonies. Cultural Surveys CRM Tech prepared two studies for the Project site. The first consisted of Phase I and Phase II cultural assessments conducted in 1998 and 1995 for approximate 50 acres of undeveloped land as part of Tentative Parcel Map No. 29052 and Tentative Tract Map No. 29053, which included a residential development and the current commercial Project site. The study was part of the environmental impact review process for the proposed subdivision and development of the property, as required by the City of La Quinta, Lead Agency for the project, in compliance with the California Environmental Quality Act (CEQA; PRC §21000, et seq.). The second study was conducted in June 2017 and consisted of a historical/archaeological resources records search, historical background review, and an archaeological field inspection of the approximately 12-acre Project site (CRM Tech, June 5, 2017). The Phase I survey in 1998 identified and recorded a total of seven prehistoric - i.e., Native American - archaeological sites, three of which were located within or partially within the current project area (CRM Tech, June 5, 2017). All three of these sites represented prehistoric habitation remains featuring surface City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 32 scatters of lithic and ceramic artifacts. The presence of these sites, along with the previous discovery of a dense cluster of similar sites in the surrounding area, which lies on the former shoreline of Holocene Lake Cahuilla, prompted the subsequent Phase II archaeological testing and evaluation program. The Phase II study entailed surface collection of all artifacts and excavation of 13 standard hand-dug, one-square-meter archaeological testing units to the depth of one meter at the three sites and within a modified mesquite sand dune near one of the sites. In addition to CRM TECH staff archaeologists, the field crew included three Native Americans affiliated with the nearby Torres Martinez Desert Cahuilla Indians. A total of 106 artifacts were recovered through surface collection, but the test units indicated “an almost complete absence” of subsurface cultural material. Only three pottery sherds and two flakes of chipped quartz were produced from the 13 excavated units. In light of these findings, none of the three sites was found to meet CEQA criteria for significance (CRM Tech, June 5, 2017). The Phase II study concluded that the proposed development of the subject property would not cause a substantial adverse change to any historical resources or important archaeological resources, but recommended archaeological monitoring of earth-moving activities in the area of the modified dune. The artifact collection and catalogue have since been curated at the La Quinta Historical Society. Records Search A standard one-mile-radius records search was conducted on May 17, 2017, by CRM TECH. The records indicated that no further archaeological studies have occurred in the project area since 1998, and no additional sites have been identified on the property. In 2006, the project area was included in a citywide survey focusing on built-environment resources of historical origin, but none was found in or near the project area. Outside the project area but within the one-mile scope, historical records identified that more than 70 previous cultural resources studies have been completed on various tracts of land and linear features, 49 of them since 1998. Collectively, these studies covered roughly 85 percent of the land within the scope of the records, and resulted in the identification of 93 historical/archaeological sites and 21 isolates - i.e., localities with fewer than three artifacts - within the one-mile radius. Nearly all of these sites and isolates were of prehistoric origin, and most were found along or near the ancient shoreline of Lake Cahuilla. None of these sites or isolates was found in the immediate vicinity of the Project area, but their presence certainly supports the high archaeological sensitivity assessment for the project vicinity. Field Inspection On May 15, 2017, CRM TECH archeologist Daniel Ballester, M.S., carried out the field inspection by walking a series of parallel north-south transects spaced 30 meters (approximately 100 feet) apart. Survey Results In 1998, the project area was noted as former agricultural land that had been cleared of its groves, with a rectangular-shaped mound, representing the modified dune, near Avenue 50. The 2017 report noted that the since the 1998 report, the project area has undergone additional disturbance from the installation of underground sewage pipes, as evidenced by several man holes across the property. The mound has been removed, and a 110 foot x 110 foot earthen pad has been created near the center of the property since July 2016 (Google Earth 2016). Furthermore, the ground surface bears evidence of recent mechanical clearing. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 33 No archaeological features or artifacts, either prehistoric or historical, were encountered during the field inspection. The 2017 survey concluded that the original conclusion of the 1998 Phase II study - that the proposed development would have No Impact on any known “historical resources,” as defined by CEQA - remains valid and appropriate for the current Project. Nevertheless, in light of past discoveries in the vicinity, the overall archaeological sensitivity of the project location remains high, and the potential of encountering subsurface prehistoric cultural remains within the project boundaries cannot be overlooked (CRM Tech, June 5, 2017). Paleontological Resources The San Bernardino County Museum performed a Paleontology Literature/Records Review on May 2, 2017 for the subject parcel (Appendix D). The report identified that although there were no recorded paleontological resource localities are present within the project area, or within 1 mile of the project, paleontological resources have been identified on sites within approximately 1.5 miles of the proposed Project site. Additionally, the Riverside County’s Paleontological Resource Sensitivity Map (RCPTSM) identifies that the Project site is located on sedimentary rocks that have a high paleontological sensitivity. The City’s General Plan EIR also identifies the Project area as one with High Paleontological Sensitivity (Terra Nova Planning & Research Inc., July 2012). Impact Analysis – Cultural Resources a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? No Impact: Historic resources generally consist of buildings, structures, improvements, and remnants associated with a significant historic even or person(s) and/or have a historically significant style, design, or achievement. Damaging or demolition of historic resources is typically considered to be a significant impact. Impacts to historic resources can occur through direct impacts, such as destruction or removal, and indirect impacts, such as a change in the setting of a historic resource. Implementation of the proposed Project would not cause a substantial adverse change in the significance of a historical resource as defined in 15064.5. According to the records search conducted for this site, no resources that are considered historically significant exist on site. Therefore, no adverse impacts to historic resources would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? Less Than Significant with Mitigation Incorporated: Archaeological sites are locations that contain resources associated with former human activities, and may contain such resources as human skeletal remains, waste from tool manufacture, tool concentrations, and/or discoloration or accumulation of soil or food remains. The Phase I and Phase II study results indicated that there would be no impact. However, the survey identified that because there have been past discoveries in the vicinity, the overall archaeological sensitivity of the project location remains high, and the potential of encountering subsurface prehistoric cultural remains within the project boundaries is a potential. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 34 Therefore, adverse impacts to archaeological resources would be less than significant. However, Mitigation Measure CUL-1 will be implemented to address unanticipated discoveries of cultural resources. Mitigation Measures are listed at the end of this section. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant with Mitigation Incorporated: Implementation of the proposed Project could cause a substantial adverse change in the significance of a paleontological resource as defined in 15064.5 since it is located in an area of High Paleontological Sensitivity. It is not anticipated that proposed excavations to support the proposed Project will encounter native material that could impact paleontological resources. However, Mitigation Measure CUL-2 will be implemented to address unanticipated discoveries of paleontological resources. Mitigation Measures are listed at the end of this section. d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant with Mitigation Incorporated: Implementation of the proposed Project would not disturb any human remains, including those interred outside of formal cemeteries. Should human remains be found during construction, Mitigation Measure CUL-3 would reduce any potential impacts to a level of less than significant. Mitigation Measures are listed at the end of this section. e) Cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074? Less Than Significant with Mitigation Incorporated. Although the Project site is located in an area that has been home to Native American tribes for centuries, the Project site is not anticipated to contain tribal cultural resources. However, Mitigation Measure CUL-1 and CUL-3 will be implemented to address unanticipated discoveries of cultural resources. Mitigation measures are listed at the end of this section. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): CUL-1: Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered:  The Archaeological monitor shall notify the project foreman  The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated  All work in the vicinity of the find shall halt  Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 35 CUL-2: Grading activities shall be overseen by a qualified paleontological monitor. Paleontological monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors will be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring will be reduced if the potentially fossiliferous units as described by the San Bernardino County Museum, Division of Earth Sciences May 2, 2017 report are not present, or if present are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. CUL-3: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measures. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 36 VI. Geology and Soils Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X  Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.  Strong seismic ground shaking?  Seismic-related ground failure, including liquefaction?  Landslides? b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Environmental Setting A geotechnical report was prepared for the site in 1998, and updated in 2017 (Landmark Geo-Engineers and Geologists, August 25, 2017). The project site is at the northern portion of the Salton Trough physiographic province. The Salton Trough is a geologic structural depression resulting from large scale regional faulting. The trough is bounded on the northeast by the San Andreas Fault and the southwest by faults of the San Jacinto Fault Zone. The Salton Trough represents the northward extension of the Gulf of California with continual in- filling with both marine and non-marine sediments since the Miocene Epoch (Southland Geotechnical, November 5, 1998). City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 37 Earthquake Faults A review of the current Alquist-Priolo Earthquake Fault Zone maps indicate that the nearest mapped Earthquake Fault Zone is the San Andreas-Coachella fault, located approximately 6.1 mile northeast of the project site (Landmark Geo-Engineers and Geologists, August 25, 2017). Soils and Liquefaction Liquefaction occurs when a saturated or partially saturated soil substantially loses strength and stiffness in response to an applied stress, usually earthquake shaking or other sudden change in stress condition, causing it to behave like a liquid. Groundwater was encountered at 40 feet deep during exploration efforts in 1998. Groundwater was not encountered in 2017 sampling efforts which consisted of trench excavation to a depth of between 5 and 12 feet. Groundwater is believed to exist at a depth of 70 ft based on water level in nearby water wells in 1978 as reported in USGS Water Resources Report 91-4142 (Southland Geotechnical, November 5, 1998 and Landmark Geo-Engineers and Geologists, August 25, 2017). The field exploration conducted from October 29 to November 5, 1998 indicates that the surficial and subsurface soils consist generally medium dense Silty Sand, Sandy Silt, and fine Sand (SM, ML, and SP- SM). Layers of Sandy Silt to Silt (ML) exist at depths greater than 4 feet. The upper surficial soils has varying concentrations of wood branches and roots from the old citrus grove. (Southland Geotechnical, November 5, 1998). Landslides The site and the surroundings are flat, and there are no mountainous or hillside areas adjacent to the site. Wind Erosion Much of the Valley are in La Quinta is susceptible to wind and wind-blown sand hazards. This means that soils may be loosened and transported during grading and construction activities. According to the City of La Quinta’s General Plan, the project site’s Wind Erodibility Rating is “High.” Impact Analysis – Geology and Soils a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic related ground failure, including liquefaction? • Landslides? Less Than Significant. The Project site lies within a seismically active region of Southern California. According to Alquist-Priolo Earthquake Fault Zone maps, the Project site is not located in an Alquist- Priolo Special Study Zone nor is the Project site or its immediate vicinity situated above any active faults. To minimize potential damage to the proposed access road and rock placement caused by groundshaking, City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 38 all construction would comply with the latest Uniform Building Code and any applicable criteria set forth by the City, and would not expose people or structures to potential adverse effects, including the risk of loss, injury, or death involving the rupture of known earthquake faults. Impacts associated with the rupture of a known earthquake fault are considered less than significant. Liquefaction occurs primarily in saturated, loose, fine to medium-grained soils in areas where the ground water table is 50 feet or less below the ground surface. When these sediments are shaken, such as during an earthquake, a sudden increase in pore water pressure causes the soils to lose strength and behave as a liquid. The resulting features are called sand boils, sand blows or "sand volcanoes." Liquefaction-related effects include loss of bearing strength, ground oscillations and lateral spreading. According to the analysis conducted for the 1998 and 2002 Fairway Specific Plan approvals, the proposed project occur in a Zone Ill groundshaking zone, approximately one quarter mile east of an inferred and inactive fault. The project site can expect to experience significant groundshaking in the event of a major earthquake in the Coachella Valley. In order to mitigate the potential impacts of groundshaking on buildings throughout the City, the Building Department has implemented the Uniform Building Code, as amended, which requires reinforced construction in groundshaking zones. The Project site does not occur in an area prone to liquefaction, and its distance from an active fault makes ground rupture unlikely (Landmark, August 25, 2017). The Project will be required to meet the City’s Building standards, thereby reducing the potential impact from groundshaking hazards to a less than significant level (Warner Engineering, February 19, 2002). b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant with Mitigation Incorporated. Minor soil erosion may occur during the grading and construction period of the new buildings. The project site occurs within the City's blowsand hazard area where soils at the Project site have a high potential for wind erosion. Implementation of Mitigation Measures GEO-1 and GEO-2 will reduce the impacts to less than significant. Mitigation measures are listed at the end of this section. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant. Unstable soils that can result in a landslide, lateral spreading, subsidence, liquefaction or collapse generally occurs in when shallow groundwater liquefies soil especially during a seismic event. The Project site is generally flat and fully graded. The geotechnical reports prepared for the Project identify that liquefaction is unlikely due to groundwater being greater than 50 feet (Landmark, August 25, 2017). Therefore, the risk of soil instability is low. Impacts would be less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant. Expansive soil is typically clay or a soil type that is prone to large volume changes (swelling and shrinking) that are directly related to changes in water content. The geotechnical report indicates that the surficial and subsurface soils consist generally medium dense Silty Sand, Sandy Silt, and fine Sand (SM, ML, and SP-SM). Layers of Sandy Silt to Silt (ML) exist at depths greater than 4 feet. The upper surficial soils had varying concentrations of wood branches and roots from the old citrus grove. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 39 In arid climatic regions, granular soils have a potential to collapse upon wetting. Collapse potential tests performed in 1998 indicate a potential of 3.1 and 1.6 percent collapse upon inundation and are considered a moderate site risk. The Project will be constructed using the latest engineering and construction practices which include developing the building foundations in a manner that includes overexcavation and recompaction of the zone beneath the building pads to mitigate for the potential of hydroconsolidation caused by soil saturation from landscape irrigation or broken utility lines by overexcavation and recompaction of the zone beneath building pads. Therefore, the impact is less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The Project does not include the use of septic systems. Thus, no impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): GEO-1 Prior to grading plan approval, submit for review and approval by the City Engineer, a PMl0 management plan. GEO-2 For portions of the site not immediately under construction, ensure the stabilization of soils through the use of soil cement or re-vegetation, frequent watering. including watering during the evening and weekends during significant wind events; street sweeping or washing during construction, and the chemical stabilization of unpaved construction roadways. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measures. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 40 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply VII. Greenhouse Gas Emissions: Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Background Lundin Development is proposing a 125,800 square-foot mixed-use commercial center project on approximately 12 acres. In May 1999, the City of La Quinta approved a 100,460 square-foot mixed-use commercial center Specific Plan for the 12-acre Project Site. The approval of the Specific Plan included adoption of a Mitigated Negative Declaration (MND). The City also adopted a Statement of Overriding Considerations for significant and unavoidable air quality impacts identified in the updated General Plan EIR on February 19, 2013. Therefore, the analysis herein is based on the net increase of approximately 25,340 square-feet of new uses not previously reviewed or approved in the 1999 Specific Plan and subsequent 2012 Updated General Plan. CEQA and Greenhouse Gases According to CEQA Guidelines Section 15064.4, when making a determination of the significance of greenhouse gas emissions, the “lead agency shall have discretion to determine, in the context of a particular project, whether to (1) use a model or methodology to quantify greenhouse gas emissions resulting from a project, and which model or methodology to use.” In addition, CEQA Guidelines section 15064.7(c) provides that “a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies or recommended by experts” on the condition that “the decision of the lead agency to adopt such thresholds is supported by substantial evidence.” The Proposed Project is located within the City of La Quinta. The City of La Quinta adopted a Greenhouse Gas Reduction Plan (Plan) on February 13th, 2013. The Plan provides reduction strategies and reduction measures that can reduce greenhouse gas emissions at their source and at the end use by improving operating efficiency, increasing reliance on renewable source for energy production, developing new technologies, and through conservation. These reduction measures are listed in Table 28 of the Plan and can be implemented as needed during the design phase. However, the City does not have their own thresholds of significance for greenhouse gas emissions. The City finds persuasive and reasonable the approach to determining significance of greenhouse gas emissions established by SCAQMD. Impact Analysis a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 41 Less Than Significant. The Proposed Project is located within the Community Commercial (CC) land use designation of the Specific Plan/General Plan. The proposed mixed-use commercial uses are allowed within the CC land use area which have been reviewed and approved within the 2012 General Plan update. The project was previously reviewed and approved as the Fairway Plaza Shopping Center, Project 2002-06. Subsequently, a Statement of Overriding Considerations for significant and unavoidable air quality and Greenhouse Gas impacts identified in the updated General Plan EIR on February 19, 2013 was adopted. Approval of the proposed revision would not require a zone change nor a General Plan Amendment. Therefore, the delta was reviewed. Emissions were estimated using the CalEEMod version 2016.3.1 (Appendix B). The analysis prepared for the Proposed Project assumed the construction of an additional 25,340 square-feet of mixed-use commercial uses on the 12-acre Project Site. Construction was anticipated to begin approximately early- 2018 and be completed in late-2018. Other parameters which were used to estimate construction emissions such as the worker and vendor trips and trip lengths were based on the CalEEMod defaults. The TIA determined that the Proposed Project would generate approximately 13,328 daily trips. Trips were broken down by land use type and land use size. The TIA also included a 20-percent reduction in traffic to account for pass-by-credit. As the Proposed Project is evaluated as the Specific Plan delta of 25,340 square-feet of new uses (approximately 20 percent greater than was approved in the Specific Plan), 4,513 daily trips (approximately 34 percent of the development based on more intense uses) were modeled to represent a worst-case scenario. Additionally, the site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The proposed Project represents approximately 0.22 FAR. Therefore, because the Project proposes to use less than the maximum allowed under the zoning, a less than significant impact is anticipated. Many gases make up the group of pollutants that are believed to contribute to global climate change. However, three gases are currently evaluated and represent the highest concentration of GHG: Carbon dioxide (CO2), Methane (CH4), and Nitrous oxide (N2O). SCAQMD provides guidance methods and/or Emission Factors that are used for evaluating a project’s emissions in relation to the thresholds. A threshold of 3,000 MTCO2E per year has been adopted by SCAQMD for non-industrial type projects as potentially significant or global warming (Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, SCAQMD, October 2008). The modeled emissions anticipated from the Proposed Project compared to the SCAQMD thresholds are shown below in Table 7 and Table 8. Table 7 Greenhouse Gas Construction Emissions (Metric Tons per Year) Source/Phase CO2 CH4 N20 Site Preparation 0.5 0.0 0.0 Grading 1.1 0.0 0.0 Building Construction 45 0.0 0.0 Paving 2.5 0.0 0.0 Architectural Coating 1.3 0.0 0.0 Total MTCO2e 47.3 SCAQMD Threshold 3,000 Significant NO Source: CalEEMod.2016.3.1 Annual Emissions. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 42 Table 8 Greenhouse Gas Operational Emissions (Metric Tons per Year) Source/Phase CO2 CH4 N20 Area 0.0 0.0 0.0 Energy 373.9 0.0 0.0 Mobile 2,045.3 0.3 0.0 Waste 23.7 1.4 0.0 Water 20.1 0.1 0.0 MTCO2e 2,510.5 SCAQMD Threshold 3,000 Significant NO Source: CalEEMod.2016.3.1 Annual Emissions. As shown in Table 7 and Table 8, the Proposed Project’s emissions would not exceed the SCAQMD’s 3,000 MTCO2e threshold of significance and therefore would have less than significant impact for greenhouse gas emissions; no mitigation measures are required. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant. There are no existing GHG plans, policies, or regulations that have been adopted by CARB or SCAQMD that would apply to this type of emissions source. However, the operator shall comply with CARB and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment. It is possible that CARB may develop performance standards for Project-related activities prior to construction of the Proposed Project. In this event, these performance standards would be implemented and adhered to, and there would be no conflict with any applicable plan, policy, or regulation. The City of La Quinta adopted a Greenhouse Gas Reduction Plan (Plan) on February 13th, 2013. The Plan provides reduction strategies and reduction measures that can reduce greenhouse gas emissions at their source and at the end use by improving operating efficiency, increasing reliance on renewable sources for energy production, developing new technologies, and through conservation. During the development review process the City would implement as feasible necessary development upgrades to further reduce GHG footprint. Therefore, impacts would be less than significant and no mitigation would be required. The Proposed Project is consistent with CARB scoping measures and therefore does not conflict with local or regional greenhouse gas plans. Additionally, the City of La Quinta requires all new development to comply with the California Title 24 Building Energy Efficiency Standards which are designed to ensure new and existing buildings achieve energy efficiency and preserve outdoor and indoor environmental quality. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 43 No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 44 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply VIII. Hazards and Hazardous Materials Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X 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? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Environmental Setting The Project site has historically been vacant. The general area surrounding the Project site consists of residential and commercial uses. Impact Analysis a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 45 Less Than Significant With Mitigation Incorporated. Hazardous substances and wastes would be used during construction of the new building. These would include fuels for machinery and vehicles, new and used motor oils, and storage containers and applicators containing such materials. The potential exists for localized spills of petroleum-based products or other chemicals during construction. These spills could expose construction workers and the public to hazardous materials either directly, at the site of the spill, or indirectly, by introducing these substances into stormwater runoff. All development requiring ground disturbance would be subject to regional and local regulations, including the need for an SWPPP under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Construction General Permit) (Order No. 2009-0009-DWQ, NPDES No. CAR000002). In addition, the City requires a grading permit for all developments that would require grading. Compliance with SWRCB‘s General Construction Activity Stormwater Permit regulations requiring a SWPPP, and the grading permit required by the City would ensure hazardous materials generated during construction would not create a significant impact. Additionally, construction is anticipated be temporary, therefore any potential impacts would have a limited and temporary timeframe to occur. Potential impacts would be less than significant with implementation of Mitigation Measures HAZ-1 and HAZ-2. Mitigation Measures are listed at the end of this section. The site plan also proposes a convenience fuel station which will receive routine fuel deliveries as needed. The station would be regulated and permitted by all federal and state regulations. Therefore, the regulatory permits, coupled with the implementation of Mitigation Measures HAZ-1 and HAZ-2, will reduce the impacts to less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant With Mitigation Incorporated. Additionally, as discussed in Response VII(a), a variety of hazardous substances would be used and stored during construction of the proposed Project. Accidental spills, leaks, fires, or explosions involving hazardous materials represent a potential threat to human health and the environment if not properly addressed. As proposed in Mitigation Measure HAZ- 1, a hazardous substance spill prevention plan shall be prepared and implemented, and hazardous materials spill kits shall be maintained on site for small spills. The implementation of BMPs, such as having spill kits available on equipment, would minimize the potential effect of such occurrences. Mitigation Measure HAZ-1 would reduce impacts to less than significant with implementation of mitigation. Mitigation Measures are listed at the end of this section. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. There is no existing or proposed school within one-quarter mile of the Project site. There- fore, there is no impact. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The proposed Project is not located on a site which is included on a list of hazardous materials sites, and as a result would not create a significant hazard to the public or environment and there would be no impact. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 46 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. There are several airports in the vicinity, but none are located within two miles of the Project site. These airports include: the Bermuda Dunes Airport, located south of Interstate and West of Jefferson Street in Bermuda Dunes, and the Jacqueline Cochran Regional Airport, a public airport located east of Harrison Street and between Airport Boulevard on the north and Avenue 60 on the south. The Bermuda Dunes Airport is approximately 4 miles north of the Project site, and the Jacqueline Cochran Regional Airport is located approximately 7 miles southeasterly of the Project site. Therefore, there is no impact. 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? No Impact. There are no private airstrips in vicinity the Project area. Therefore, there is no impact. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The project site is currently vacant, and does not include facilities for emergency response. Additionally, no part of the Project design would impede or redirect emergency response within the area. The site provides for ingress and egress that can be used for emergency response to the various businesses proposed. Therefore, there is no impact. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The Project site is located in an area that consists of vacant land and retail uses in a desert setting, and not located adjacent to an area susceptible to wildland fires. Therefore, there is no impact. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): HAZ – 1 A hazardous spill prevention plan shall be prepared by the Applicant and submitted to the City for approval to minimize the likelihood of a spill shall be prepared prior to construction. The plan shall state the actions that would be required if a spill occurs to prevent contamination of surface waters and provide for cleanup of the spill. The plan shall follow Federal, state, and local safety guidelines and standards to avoid increased exposure to these pollutants. HAZ – 2 If a contaminated area is encountered during construction, construction shall cease in the vicinity of the contaminated area. The construction contractor shall notify all appropriate authorities, including the EPA and the City. If necessary, the contaminated site shall be remediated to minimize the potential for exposure of the public and to allow the Project to be safety constructed. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 47 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply IX. Hydrology and Water Quality: Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation onsite or offsite? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding onsite or offsite? X e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? X f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X Environmental Setting Although the climate in the Coachella Valley and the Planning Area are generally temperate, seasonal storms can produce significant amounts of precipitation within short periods of time. Winter storms are City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 48 responsible for much of the area’s annual rainfall, and usually occur between November and April. However, the region and surrounding mountains may also experience localized thunderstorms at other times, especially during the summer monsoon season. Rapid snowmelt from the mountains may also result in flooding downslope (Terra Nova Planning & Research Inc., July 2012). Areas within the City of La Quinta are subject to flash flooding along natural or man-made channels and sheet flooding across the valley floor. Although of short duration, flash floods result in high peak water volumes and velocities, which are frequently intensified by features of the local natural and built environment (Terra Nova Planning & Research Inc., July 2012). There are no dams in the Project vicinity, and the Whitewater Rivers is located nearly 10 miles to the east of the Project site. The Project site not considered at risk from inundation from dam failure or flooding hazard from levee damage or failure along the Whitewater River or from above-ground water storage tanks at higher elevations within and adjacent to La Quinta (Terra Nova Planning & Research Inc., July 2012). Impact Analysis a) Violate any water quality standards or waste discharge requirements? Less Than Significant. All development requiring ground disturbance would be subject to regional and local regulations, including the need for an SWPPP under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Construction General Permit) (Order No. 2009-0009- DWQ, NPDES No. CAR000002). In addition, the City requires a grading permit for all developments that would require grading. Compliance with SWRCB‘s General Construction Activity Stormwater Permit regulations requiring a SWPPP, and the grading permit required by the City would ensure water quality standards are not exceeded. Additionally, Mitigation Measure HYD-1 will require the preparation of a Water Quality Management Plan (WQMP) and subject to approval by RWQCB. The Project will create an impermeable surface over much of the entire site when complete. This can increase the potential for pollutants to occur in surface water primarily be from cars parked in the parking lot leaking fluids. However, the project includes an underground system to collect all of the stormwater runoff from the project site. The WQMP prepared for the site as part of Mitigation Measure HYD-1 will also address the requirements and operations of the underground system. Therefore, the project will have a less than significant impact on water quality. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant. During construction, the project will employ various measures for dust control including the use of water that is readily available from the Coachella Valley Water District. The water used during construction will be temporary, and water will not be the sole method used for dust control. Water-conscious measures will be used as part of the final design, including installation of water-efficient features such as water-efficient toilets and drought-tolerant landscaping. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation onsite or offsite? City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 49 Less Than Significant. The Project site has been previously graded and is on level ground completely surrounded by urban development, vacant land, and paved streets. Further, there are no streams or rivers on the Project site or its adjacent vicinity. The construction phase of the Project would involve standard best management practices (BMP’s) associated with commercial development, such as drainage to city sewers in the parking lots, curbs, and landscaping to allow water percolation during rain events. Impacts would be less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding onsite or offsite? Less Than Significant. Refer to Response IX(c), above. The Project site is surrounded by residential and retail uses, and is not located directly adjacent to any stream or river. An underground stormwater collection system will be installed as part of the project to capture all of the stormwater runoff from the site. Therefore, impacts are less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant. The project includes the construction of an underground stormwater system to handle all of the stormwater from the site, and little to no water is anticipated to be collected by the City’s stormwater drainage systems. Therefore, impacts are less than significant. f) Otherwise substantially degrade water quality? Less Than Significant. As previously discussed, the proposed Project proposes to construct a project that will utilize an underground stormwater collection system. Uses for some of the buildings include a gas station. The gas station would be constructed to the latest standards and required to comply with State and federal requirements for this use. Therefore, less than significant impacts would occur. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The Project does not propose to construct housing. As a result, construction and operation of the Project would not place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Map or Federal Flood Insurance Map. Therefore, no impacts would occur under this criterion as a result of the Project. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Less Than Significant. The City’s General Plan identifies that the Project site is within FEMA Flood Hazard Zone D which is an area of undetermined risk. Therefore, the development of the proposed Project would not place structures within a 100 year flood area and would not impede or result in the redirection of flood flows in the City. A less than significant impact would occur. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant. The Whitewater River is located nearly 10 miles east of the site, and the Project site is not located in proximity to a levee or dam. Therefore, there is no impact from flooding that could occur as a result of a dam failure or levee breech. However, the Coachella Valley is subject to thunderstorms that can create flash flooding. The new buildings would be required to adhere to current City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 50 California Building Code regulations for commercial development. Additionally, the project includes an underground system to collect all of the stormwater runoff from the project site. Therefore, less than significant impacts would occur. j) Inundation by seiche, tsunami, or mudflow? No Impact. There are no bodies of water in the vicinity of the Project site that are capable of producing seiche activity. There is also no potential for tsunamis in the Project area as the Pacific Ocean is more than 150 miles to the southwest of the Project area. As discussed above, the City’s General Plan has not identified the Project site as being in an area susceptible to mudflows as the topography of the site is generally flat and a sufficient distance from hills and mountains to ensure that mudflows in this area would not occur. Therefore, no impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): HYD-1 Prior to Project approval, the Project Applicant shall prepare a Water Quality Management Plan that shall, at minimum, include the following:  Identifies all project related pollutants, impacts to the site’s hydrologic condition, and potential impacts to local waterways caused by Project post-construction runoff;  Identifies BMPs required to remove pollutants from the Projects’ post construction runoff and prevent downstream hydromodification;  Identifies parties responsible for long term operation and maintenance activities of all BMPs  Identifies the design, operation and maintenance of the underground stormwater collection system. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 51 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply X. Land Use and Planning: Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Environmental Setting The site is located on a vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store (Figure 2, and Figure 3). The site is bordered on the north by Derek Alan Drive and residential development that fronts Derek Alan Drive, on the west by a retention basin with residential development west of the basin, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. In May 1999, the City of La Quinta approved the Fairway Plaza Shopping Center Specific Plan of Land Use and associated parcel map to allow for the development of 100,460 square feet of a supermarket- anchored shopping center with adjacent retail pads on 12.5 acres at the corner of Jefferson Street 50th Avenue. The parcel is designated and zoned for Community Commercial (CC) use. The Specific Plan adoption included adoption of a Mitigated Negative Declaration. In 2002, an amendment to the Specific Plan was also adopted. To date, that project has not been constructed. On February 19. 2013, the City of La Quinta adopted the Environmental Impact Report (EIR) for its 2035 General Plan (SCH# 2010111094) which included the impacts of adding to commercial uses within the City, including the approved Fairway Plaza Shopping Center Specific Plan. A Statement of Overriding Considerations was also adopted with the General Plan EIR for environmental impacts that could not be mitigated to a level below significance for: Air Quality, Greenhouse Gas, and Traffic (Resolution 2013- 009). Currently, the Lundin Development is requesting authorization from the City to construct 125,800 square feet of a supermarket-anchored shopping center and adjacent retail pads on the 12.5-acre site at the corner of Jefferson Street and 50th Avenue, within the same area of the previously-approved Specific Plan. Proposed uses within the commercial center development are similar to the previously approved plan, and include banks, restaurants, gasoline service station, and grocery store. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 52 Impact Analysis a) Physically divide an established community? No Impact. The Project proposes to develop a shopping center on a contiguous vacant 12.5-acre parcel as a retail center. Retail uses exist across Jefferson Street on the east. There are no surrounding land uses that would currently conflict with the proposed use. Therefore, there is no impact. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant. The site is zoned Community Commercial (CC) by the City of La Quinta. The subject property has received prior approvals as a commercial center in 1998 and in 2002. The project is proposed to be developed as a commercial center in accordance with the municipal code standards of the Community Commercial zone. Therefore, there is a less than significant impact. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant. The City of La Quinta falls entirely within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) area. The site is a vacant dirt parcel that has been previously disturbed. The subject parcel is not located within or adjacent to a Conservation Area. The CVMSHCP requires a habitat assessment for the burrowing owl (BUOW). If habitat for the BUOW is present, a focused survey is required. The Biological Resource Assessment prepared for the project (Jericho, May 23, 2017) determined that there was no suitable BUOW habitat, nor were there signs of BUOW activity. No suitable BUOW habitat was identified on site during the burrowing owl habitat assessment survey. Therefore, no additional protocol-level focused surveys will be required. No other listed or sensitive species or sensitive habitat was observed on the site. The subject parcel does not contain suitable habitat for any of the sensitive species that have been documented in the project vicinity. The Project must also comply with local conservation regulations which require payment of a mitigation fee at the time of building permit issuance. Therefore, implementation of the Project will not conflict with any habitat conservation plan or natural community conservation plan. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 53 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XI. Mineral Resources: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Environmental Setting The Project site is currently vacant, and no mineral mining occurs onsite or in the immediate vicinity of the Project site. The City of La Quinta General Plan (City of La Quinta, February 19, 2013) identifies the Project site as mapped within Mineral Resource Zone – 1, defined as areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood for their presence exists. Impact Analysis a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Project site is currently vacant and is zoned Community Commercial (CC) by the City of La Quinta. No mineral resources are known to occur onsite nor is the Project site zoned for mining uses. No impact would occur. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Refer to Response XI a), above. No impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 54 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XII. Noise: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X 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? X Environmental Setting Noise – General Sound is a physical disturbance in a medium, such as air, that is capable of being detected by the human ear. Sound waves in air are caused by variations in pressure above and below the static value of atmospheric pressure. Sound is measured in units of decibels (dB) on a logarithmic scale. The “pitch” (high or low) of the sound is a description of frequency, which is measured in Hertz (Hz). Most common environmental sounds are a composite of frequencies. A normal human ear can usually detect sounds within frequencies from 20 to 20,000 Hz. However, humans are most sensitive to frequencies in the range of 500 to 4,000 Hz. Certain frequencies are given more “weight” during assessment because human hearing is not equally sensitive to all frequencies of sound. The A-weighted decibel (dBA) scale corresponds to the sensitivity range for human hearing. Noise levels capable of being heard by humans are measured in dBA. A noise level change of 3 dBA or less is barely perceptible to average human hearing. However, a 5 dBA change in noise level is clearly noticeable. A 10 dBA change is perceived as a doubling or halving of noise loudness, while a 20 dBA change is considered a “dramatic change” in loudness. Sound from a source spreads out as it travels away from the source, and the sound pressure level diminishes with distance. Individual sound sources are considered “point sources” when the distance from City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 55 the source is large compared to the size of the source (e.g., construction equipment, and turbines). Sound from a point source radiates hemispherically, which yields a 6 dB sound level reduction for each doubling of the distance from the source. If the sound source is long in one dimension, the source is considered a “line source,” (i.e., roadways and railroads). Sound from a line source radiates cylindrically, which typically yields a 3 dB sound level reduction for each doubling of the distance from the source. The metrics for evaluating the community noise environment are based on measurements of the noise levels over a period of time. These metrics are used in order to characterize and evaluate the cumulative noise impacts. The Community Noise Equivalent Level (CNEL) represents a 24-hour A-weighted sound level average from midnight to midnight, where sound levels during the evening hours of 7:00 p.m. to 10:00 p.m. have an added 5 dB weighting, and nighttime hours of 10:00 p.m. to 7:00 a.m. have an added 10 dB weighting. Potential noise from construction equipment to be used for this project are included on Table 9. Table 9 Construction Equipment Noise Emission Levels Equipment Typical Noise Level (dBA) 50 ft from Source* Backhoe 80 Compactor 82 Concrete Mixer 85 Concrete Pump 82 Dozer 85 Grader 85 Loader 85 Scarifier 83 Scraper 89 Truck 88 FTA, May 2006 *Data taken from EPA Report - EPA 550/9-76-004 Vibration – General Sources of vibration included geotech drill rigs, excavators, dump trucks, backhoes, and other general construction equipment. The Federal Transit Administration (FTA) has developed vibration impact thresholds for noise-sensitive buildings, residences, and institutional land uses. These are usually measured as “vibration decibels” or VdB. According to the FTA guidelines, a vibration level of 65 VdB is the threshold of perceptibility for humans. These thresholds are typically 80 VdB at residences and buildings where people normally sleep (e.g., nearby residences and daycare facilities) and 83 VdB at institutional buildings (e.g., schools and churches). The FTA guidelines also state that, for a significant impact to occur, vibration levels must exceed 80 VdB during infrequent events (FTA, May 2006). City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 56 Typical vibration levels from project equipment are based on the FTA guidelines provided in Table 10. Table 10 Vibration Source Levels for Typical Construction Equipment Equipment Vibration Level at 25 feet (VdB) Large bulldozer 87 Caisson drilling 87 Loaded trucks 86 Jackhammer 79 Small bulldozer 58 Source: FTA 2006 Project Location The site is immediately adjacent to a stormwater detention basin along the northern and western edges, with residences abutting the detention basin’s west and north sides. The basin provides for an approximately 50- to 120-foot buffer between the Project and the residence backyard. Three residences on the southwest area of the project site directly abut the project site. Residences exist to the south of the Project site, just beyond 50th Avenue. Commercial uses exist to the east of the project, just beyond the site’s border with Jefferson Street. Local Noise Ordinances The residential areas to the north and west and south of the Project are zoned Low Density Residential. The City of La Quinta Municipal Code Section 9.100.210 “Noise control,” identifies this land use as “noise sensitive.” The City of La Quinta Municipal Code Section 6.08.050 “Disturbances by construction noises” limit construction noise impacts, predominantly through restriction of times and days when work may be carried out: Construction is not permitted on Sundays or defined Holidays Construction is restricted to 8am to 5pm on Saturdays Between October 1st and April 30th, construction is restricted 7am to 5:30pm Between May 1st and September 30th, construction is restricted to 6am to 7pm. The City’s code also identifies limits for operational noise for the residential and non-residential land uses. Operational noise shall not exceed the levels set out in the Noise Standard, or the existing ambient noise. For the “noise sensitive” properties to the South, West and North, operational noise from the project shall not exceed: 65 dB(A) between 7am and 10pm 50 dB(A) between 10pm and 7am For the “other non-residential” land uses to the East operational noise from the project shall not exceed: 75 dB(A) between 7am and 10pm City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 57 65 dB(A) between 10pm and 7am Project Noise Studies Noise studies for the Project were prepared in 2002 as part of the Specific Plan Amendment No. 1 approval and in 2017 and 2018 to serve as an update (Appendix E). The 2002 study identified that both Jefferson Street and 50th Avenue were impacted, and exceed 60 dBA CNEL. The study identified that all new development is required to mitigate to the City's standards for noise, as required in the General Plan (Table EH-1) (Warner Engineering, February 19, 2002). The 2017 noise study also concluded that areas along Jefferson Street and 50th Avenue were impacted and exceeded the 60dBA criteria. Ambient noise measured along various locations along the north and west perimeter of the site, nearest to the residences, measured between 53.9 and 60 dBA. The study determined that the main sources of noise across the site are noise from road traffic on 50th Avenue and Jefferson street, other noise sources included HVAC systems serving the houses to the north, west and south of the site and from HVAC serving the commercial buildings to the east, across Jefferson Street. There was also minor noise from distant aircraft and birdsong (Antonio Acoustics, June 16, 2017, Appendix E). Noise is also anticipated from the speakers of the drive-through eating establishments, as well as vehicle doors closing in the parking lot. The Project is proposed approximately 150 feet between the closest development building and the residences to the south. The residences to the south already have a concrete masonry boundary wall. Impact Analysis a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant. The noise study (Appendix D) identified that the noise from the site through the day would not exceed the measured levels at the edges of the site closest to the residences, and that the noise from the HVAC units on the buildings and parking does not exceed the City of La Quinta daytime noise criteria of 60dB(A) at any residence. Therefore, there is a less than significant impact. b)Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant. The noise related to construction would include those generated from the use of heavy equipment at the site or vehicles transporting materials. Activities that could generate groundborne vibration include pile-driving and demolition; however, pile-driving and significant demolition is not anticipated to be utilized during construction. Some construction activities would occur within approximately 30 to 75 feet of residences, with residences to the southwest being the closest receptors. Screening-level calculations based on the FTA Guidelines (Table 10) indicate that vibration levels associated with these activities would have attenuated to a level of approximately 78 VdB at the nearest residence given the intervening distance. This analysis shows that vibration levels at all identified sensitive receptors were below the threshold of 80 VdB. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 58 Construction activities would be temporary and would not expose persons to or generate excessive groundborne vibration or groundborne noise levels due to the adherence of the City’s General Plan. Therefore, groundborne vibration impacts associated with proposed construction activities will be less than significant. c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant With Mitigation Incorporated. The 2017 noise study and 2018 amendment measured ambient noise levels along various locations of the Project site perimeter, and projected the potential future noise levels (Table 11). The studies identified a variety of potential operations noise sources that will contribute to a permanent increase in ambient noise: HVAC systems serving the buildings Commercial loading and unloading Noise from parking and the gas station Noise from speakers at the drive-through eating establishments Noise from car doors closing at night To project the potential increase in ambient noise, the 2017 noise study assumed that the HVAC for each new building would not exceed a sound power level of 100dB(A), (equivalent to 68 dB(A) at 50 feet). In the absence of a national standard for the US, the parking lot methodology was based on ISO 9603-2 1996 (Antonio Acoustics, June 16, 2017, Appendix E). Table 11 Existing and Projected Future Operational Noise Location Measurement Location and Distance from Sensitive Receptors Measured level, dB(A) New noise from HVAC and parking, dB(A) New noise exceeds measured? 1 Southwestern site perimeter, close to Avenue 50, between proposed parking and residences 64.2 52 No 2 Adjacent to boundary wall, southwestern site perimeter, approximately 200 feet north of Location 1, between proposed parking and residences 55.9 53.1 No 3 Adjacent to boundary wall, western site perimeter, approximately 90 feet between proposed back of proposed Pavilions grocery store and residences 53.9 50.4 No 4 Adjacent to boundary wall, western site perimeter, approximately 200 feet between proposed loading dock for proposed Pavilions grocery store and residences 60.0 54.5 No 5 Adjacent to boundary wall, western site perimeter, approximately 200 feet between proposed loading dock for Pavilions grocery store and residences 55.6 55.4 No 6 Adjacent to boundary wall, western site perimeter, approximately 150 feet between proposed parking and residences 58.3 54.3 No 7 Northeast perimeter corner, adjacent to Jefferson Street, not near residences 68.2 52.3 No 8 East site perimeter, adjacent to Jefferson Street 68 Not Estimated No 9 Southeast site perimeter, adjacent to Jefferson Street and 65.1 Not Estimated No City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 59 Avenue 50, not near residences The noise studies prepared in 2002, 2017, and 2018 indicated that the ambient noise will not exceed the City’s standard. However, because the ambient noise is already close to the City’s maximum level for the area, the Project operations will include Mitigation Measures NOI-1 through NOI-5 be implemented to ensure that ambient noise levels will not exceed the City’s maximum standard. Mitigation Measures are located at the end of this section. Additionally, the noise study identified that additional screening would be appropriate to accommodate the noise from the speaker at the drive-through eating establishment and the residences along the south. Mitigation Measure NOI-6 will be implemented to reduce noise from the speakers at the drive-through, which will ensure impacts are less than significant. Mitigation measures are located at the end of this section. The 2018 noise study regarding vehicle doors closing also identified that for the closest parking space to 1 meter from the windows of the closest house, the LAMax,F noise level is 60dB for car door slams. This is the worst case scenario and noise from the majority of the parking spaces will be substantially less than this. Therefore, there is a less than significant impact from car doors closing the in the parking lot. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant With Mitigation Incorporated. While the exact construction method and equipment has yet to be determined, noise from construction is expected to occasionally reach 85 dB(A) at 50 feet from the louder noise sources. The timing of construction work is limited to the City of La Quinta Municipal Code Section 6.08.050 “Disturbances by construction noises.” However, to reduce construction noise to less than significant levels, Mitigation Measures NOI-7 and NOI-8 are required. Mitigation measures are located at the end of this section. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no airport land use plans within the project area. Therefore, there is no impact. 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? No Impact. There are no private airstrips in the vicinity of the Project. Therefore, no impact would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006:  All construction activity shall be limited to the hours of construction permitted by Municipal Code Section 6.08.050.  All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 60  All stationary equipment shall be located as far as practical from adjacent potential residential units.  All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m.  The proposed perimeter wall shall be 8 feet in height. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows:  Position devices away from the site boundary to the south.  Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device;  Reduce the number of audible devices, such as one device to serve two drive throughs;  Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle;  The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet;  There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example:  Where practicable, use hydraulic rather than pneumatic impact tools  Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises  Turn off idling equipment and vehicles  All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 61  All stationary equipment shall be located as far as practical from adjacent potential residential units  Phase in start-up and shut-down of site equipment  Conduct truck loading, unloading and hauling operations to keep noise to a minimum  Limit the time that steel decking or plates for street decking or covering excavated areas are in use  Limit the use of annunciators or public address systems, except for emergency notifications  All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measures. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 62 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XIII. Population and Housing: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Environmental Setting The City of La Quinta is one of nine cities in the Coachella Valley, and offers numerous destination resorts. The population was 37,467 at the 2010 census, up from 23,694 at the 2000 census. Impact Analysis a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant. The Project includes the construction of an approximate 12.5-acre vacant lot for the operation of a retail center designed to serve the existing population. Therefore, the Project will not indirectly induce an increase in population; the impact will be less than significant. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. There are no existing houses on the Project site. Therefore, the proposed Project will not displace any housing, or require the construction of replacement housing. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. There are no homeless camps on the Project site, therefore, there is no impact. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 63 Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 64 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XIV. Public Services: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? X b) Police protection? X c) Schools? X d) Recreation/Parks? X e) Other public facilities? X Environmental Setting The City contracts with the Riverside County Fire Department for fire protection services, with a total of six stations located throughout the City, all staffed by full time, paid firefighters and volunteers (Terra Nova, July 2012). Police services are contracted through the Riverside County Sheriff’s Department which provides two Police Department offices in the City, and a jail facility in Thermal (Terra Nova, July 2012). The Project site is within the Desert Sands Unified School District boundaries. The DSUSD serves students located west of Jefferson Street and north of Avenue 48. The Harry S Truman Elementary School and the La Quinta Middle School are located on Avenue 50, approximately one mile west of the Project site. The City of La Quinta Community Services Department maintains numerous small pocket parks, neighborhood parks, community parks, and trails throughout incorporated portions of the City. Pocket parks are generally less than one acre, and provide small playgrounds, tot lots, and passive seating areas. These small parks tend to be built within neighborhoods and serve local residents. One of the largest parks within the City of La Quinta is the Lake Cahuilla County Park operated by the County of Riverside. Lake Cahuilla is an 845-acre park located in the southwestern portion of incorporated La Quinta. The Desert Recreation District owns and operates the La Quinta Community Park in La Quinta, which is a 6.5-acre park that includes a 5,000 square foot community center, baseball diamonds, basketball courts, a playground and picnic pavilion (Terra Nova, July 2012). Impact Analysis Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 65 a) Fire protection? Less Than Significant. As previously discussed, the Project site is served by the City of La Quinta Fire Department. The nearest fire station to the Project site is located approximately 2.3miles southwest of the site at 78111 Avenue 52. The proposed project will be developed in compliance with applicable provisions of the City’s Municipal Codes and all applicable provisions of the adopted and applicable Building, Construction and Fire Codes. Additionally, the fire department will review all plans submitted to the City and the applicant is required to comply with all development requirements recommended by the Fire Department. Additionally, the applicant is required to pay impact fees to assist the fire department in offsetting potential impacts. Given the Project’s compliance with development requirements, impacts to fire services are anticipated to be minimal. Therefore, the impact is less than significant. b) Police Protection? Less Than Significant. As previously discussed, the Project site is served by the City of La Quinta’s police services. The assigned police station for the Project site is located at 86625 Airport Blvd., Thermal, approximately 6 miles to the southeast. However, La Quinta police and Riverside County Sheriff’s routinely patrol the Project vicinity given the urban nature of the area. Response times to the Project site will vary, depending on the nature of the call. The Project provides for state-of-art security provisions in areas such as outdoor lighting and adequate ingress and egress for emergency vehicles. Therefore, the impact is less than significant. c) Schools? No Impact. The Project is commercial in nature and does not propose uses that would directly or indirectly induce population growth, and thus would not generate demand for additional schools. No impact would occur. d) Recreation/Parks? No Impact. The Project does not propose uses that would directly or indirectly induce population growth, and thus would not generate demand for additional parks. Therefore, there is no impact. e) Other Services? No Impact. The Project does not propose uses that would directly or indirectly induce population growth, and thus would not generate demand for other public facilities. Additionally, the applicant is required to pay an impact fee that will assist the City in funding maintenance of city infrastructure. Therefore, there is no impact to this criterion. Mitigation Measures: No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 66 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XV. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Environmental Setting The Project is to construct an approximate 12.5-acre vacant lot for a retail center. The Project site is not currently utilized for recreation purposes, nor will the use induce growth that would require the construction of additional recreational facilities. Impact Analysis a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The Project does not include uses that would directly or indirectly induce population growth, therefore, an increase in the use of existing recreational facilities in the City is not anticipated. Therefore, there is no impact. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The Project site is not currently used for recreational purposes and does not propose development that would increase existing recreational uses. Therefore, there is no impact. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 67 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVI. Transportation/Traffic: Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Environmental Setting The proposed Project is located in the City of La Quinta, bordered on the north by Derek Alan Drive (a private street owned by the Renaissance Homeowners Association) and residential development that fronts Derek Alan Drive, on the west by a retention basin followed by residential development, on the east by Jefferson Street and commercial development, and on the south by Avenue 50 and residential development. Regional access to the site can be accommodated via Interstate 10 and Hwy 111. A traffic study was performed in July 2017 to evaluate the traffic ingress and egress proposed for Jefferson Street (Albert Grover and Associates, July 27, 2017, Appendix F). Access for the development project is proposed via four driveways: three limited-access (no left-turns out) driveways and one full- access unsignalized driveway on Avenue 50, approximately 400 feet from the Jefferson Street signalized intersection. It should be noted that the one driveway into the shopping center from Derek Alan Drive, as previously identified on the previously-approved Fairway Plaza Specific Plan, has been removed with this current City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 68 proposed Project. The previously-approved Fairway Plaza Specific Plan had included a driveway from Derek Alan Drive to the shopping center as a convenience to the residents in the residential development to the north and west. However, due to resident concerns regarding unwanted traffic in the neighborhood after the residential development was constructed, the driveway access from Derek Alan Drive has been eliminated from the “Pavilion Palms” project as amended. At the project location, Jefferson Street is a six-lane, two-way arterial roadway with a raised median and serves as one of the main thoroughfares in the area. Avenue 50 is a two-way roadway with one westbound lane and two eastbound lanes. At the intersection, each approach has one dedicated left-turn lane and one dedicated right-turn lane, except the southbound approach, which has two left-turn lanes. The City of La Quinta has published Engineering Bulletin 06-13 (Appendix G) which applies to site access and gives criteria and methodologies for completing traffic studies. Regarding site access, it states the following: SITE ACCESS Auxiliary lanes shall be installed on all primary arterial, secondary arterial and higher order street classifications according to the following criteria: A left-turn deceleration lane with taper and storage length is required for any driveway with a projected peak hour left ingress turning volume estimated to be 25 vehicles per hour (vph) or greater. The taper length shall be included as part of the required deceleration lane length. A right-turn deceleration lane is required for any driveway with a projected peak hour right ingress turning volume estimated to be 50 vph or greater. The taper length shall be included as part of the required deceleration lane length. Pocket storage length requirements shall be based on individual project characteristics. A right-turn deceleration lane should be considered for lower turning volumes on high volume streets (e.g. Washington Avenue, Highway 111). A left-turn deceleration lane should be considered for locations where left turning vehicles would be required to queue in a high speed (> 40mph) through lane. Installation recommendations for deceleration lanes and related intersection turning movement distributions shown in the final traffic study report will be subject to approval by the City Engineer. The Project includes the following traffic control features:  One additional westbound through lane on Avenue 50 along the project frontage, continuing east of the signalized intersection.  Extend the eastbound dedicated storage lane on Avenue 50 at the signalized intersection to the proposed full-access driveway (the easternmost driveway on Avenue 50) an additional 110 feet for a total storage of 360 feet.  Install a right-turn overlap operation for the southbound right-turn movement signal phase. These proposed improvements are integrated into the project design to improve operational capacity by providing increased lane and storage capacity for the westbound through and eastbound left-turn movements as well as more green time for the southbound right-turn movement (Albert Grover and Associates, July 27, 2017, Appendix F). The following tables identify the results of the traffic study prepared for the project: City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 69 Table 12 Existing Conditions – Avenue 50 at Jefferson Street Scenario Eastbound Left Design Queue* Intersection Level-of-Service (LOS) Intersection Capacity Utilization (ICU) Analysis Period 1.5  Qavg Delay (sec/veh) LOS Volume/Capacity Ratio AM Peak Hour 180 ft 43 D 0.50 MD Peak Hour 240 ft 47 D 0.47 PM Peak Hour 180 ft 39 D 0.45 * Length of available storage in EBL turn pocket: approximately 250 ft. Table 13 Opening Day – With Project – Avenue 50 at Jefferson Street Scenario Eastbound Left Design Queue* Intersection Level-of-Service (LOS) Intersection Capacity Utilization (ICU) Analysis Period 1.5  Qavg Delay (sec/veh) LOS Volume/Capacity Ratio AM Peak Hour 220 ft 39 D 0.46 MD Peak Hour 240 ft 45 D 0.53 PM Peak Hour 220 ft 45 D 0.52 * Length of available storage in EBL turn pocket: approximately 400 ft. Table 14 Future Buildout (Year 2035) – With Project – Avenue 50 at Jefferson Street Scenario Eastbound Left Design Queue* Intersection Level-of-Service (LOS) Intersection Capacity Utilization (ICU) Analysis Period 1.5  Qavg Delay (sec/veh) LOS Volume/Capacity Ratio AM Peak Hour 240 ft 43 D 0.52 MD Peak Hour 300 ft 47 D 0.61 PM Peak Hour 240 ft 46 D 0.59 * Length of available storage in EBL turn pocket: approximately 400 ft. Impact Analysis a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant. Per the City of La Quinta General Plan, the parcel is zoned for commercial use; therefore, the development project is already accounted for in the City’s traffic growth forecasting. Less than significant impacts would occur. Additionally, the site zoning is Community Commercial, which City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 70 allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The proposed Project represents approximately 0.22 FAR. Therefore, because the Project proposes less than the maximum allowed under the zoning, a less than significant impact is anticipated. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant With Mitigation Incorporated. The flow of vehicle traffic is frequently described using the level of service (LOS) scale, which is a measurement of operational characteristics of traffic flow on a roadway or at the intersection of roadways, based on traffic volumes and facility type. Traffic operations are assessed using levels ranging from “A” to “F,” with “A” representing the highest (best) level of service in terms of travel speed, delay, maneuverability, driver comfort, and convenience. In general, the following descriptions apply to the qualitative levels described above: “A”- free flow; “B” - reasonably free flow; “C” - stable flow; “D” - approaching unstable flow; “E” - unstable flow; and “F” – forced or breakdown flow. The 2017 traffic study identified that approximately13,328 net new vehicle trips will be generated by the project, assuming a conservative 20 percent pass-by trip rate. It is estimated that approximately 1,066 net new trips will occur in the AM peak hour and approximately 1,359 net new trips will occur in the PM peak hour (Albert Grover and Associates, July 27, 2017, Appendix F). The City of La Quinta conducted a Left-turn Queue Study in December 2017, which studied the queuing at the dedicated eastbound left turn storage lane on Avenue 50 at the intersection with Jefferson Street. The study was comprised of 329 signal cycles over two days. The longest queue experienced during the entire study period was 15 cars and that occurred one time over the two days. In accordance with the City of La Quinta’s Engineering Bulletin 06-13 (EB 06-13) left-turn pockets do not need to be designed to the longest possible vehicle queue length but to the 95th percentile queue. In accordance with EB 06-13, the 95th percentile queue length was computed using the Highway Capacity Manual (HCM) methodology to be 11 vehicles and 220 feet in length. Currently, the dedicated eastbound left turn storage lane on Avenue 50 at the intersection of Jefferson Street is approximately 250 feet long. Per the 2017 traffic study, the worst-case queue length of the eastbound left turn lane at Avenue 50 and Jefferson Street at Project opening day will be approximately 240 feet long. With the project, and area buildout, by the year 2035 the traffic study indicated that in the worst-case scenario, the eastbound lane queue length needed would be approximately 300 ft. The Project proposes to extend the eastbound left storage lane to approximately 360 feet, which is greater than the requirements of EB 06-13 and greater than the requirements of the HCM Methodology. The proposed Project improvements listed below will accommodate the projected traffic loading at the intersection. Additionally, the City of La Quinta provides automated traffic light timing at the intersection. The automated timing allows for demand-response/service-convenience timing to the intersection to accommodate better traffic flow at peak times as necessary. The July 2017 traffic study indicated that without the project, the intersection of Jefferson Street and Avenue 50 will operate at LOS D, assuming a 2 percent ambient growth rate in the area (Albert Grover and Associates, July 27, 2017, Appendix F, Table 3). Assuming the ambient area growth, plus the new expected project trips, as well as the additional westbound through lane capacity, and implementation of Mitigation Measure TRAF-1 and project improvements listed above, the intersection of Jefferson Street and Avenue 50 is expected to operate at its current LOS D, which is an acceptable level of service per the City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 71 General Plan and EB 06-13, and the proposed full-access driveway on Avenue 50 will operate at LOS A at opening day conditions. Therefore, the impact of this criterion is anticipated to be less than significant with mitigation. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The buildings are proposed to be one story, and approximately 22 feet from floor to roof line. This is consistent with the height of the buildings in the surrounding area. Additionally, there are no design elements of the Project that would result in a potential change in air traffic patterns. No impacts would occur. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant. The Project includes the following traffic control features:  One additional westbound through lane on Avenue 50 along the project frontage, continuing east of the signalized intersection.  Extend the eastbound dedicated storage lane on Avenue 50 at the signalized intersection to the proposed full-access driveway (the easternmost driveway on Avenue 50) to an additional 110 feet for a total storage of 360 feet.  Install a right-turn overlap operation for the southbound right-turn movement signal phase. The Project will allow for two driveways onto Avenue 50, spaced approximately at 460 feet and 720 feet, respectively, from the intersection of Jefferson Street and Avenue 50. Both driveways are spaced from the intersection in a manner that provides good sight distance and ample turning distance from the intersection.  The eastern driveway on Avenue 50, approximately 460 feet west of the Jefferson Street intersection, will allow for full movement of both left and right turns onto Avenue 50 thereby providing users access to points east of the Project. Shared left-turn and right-turn markings are specifically outlined in Chapter 3 of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and such movements are generally allowed at many corner gas stations throughout Southern California.  The western driveway on Avenue 50, approximately 720 feet west the intersection of Jefferson Street, will be restricted to right turns only. As stated above, the driveway from Derek Alan Drive was eliminated due to concerns from surrounding residents. The traffic consultant for the project has stated that it would be unlikely for motorists driving along Jefferson Street to the shopping center would use this driveway. This elimination would have little to no impact on site circulation or on-street circulation/access since it was originally designed to accommodate residents living in the adjacent residential neighborhood. There would be no negative impact for residents using the shopping center and no negative impact for residents accessing their neighborhood since they would still have access to the center from Jefferson Drive and Avenue 50. Therefore, the impact is less than significant. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 72 e) Result in inadequate emergency access? No Impact. As previously discussed, the Project would be developed within vacant land, and construction is short-term. Thus, implementation of the Project would not impede or inhibit emergency access. No impacts would occur. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Significant. The Project would be developed within vacant land, and does not propose long- term construction impacts to the surrounding street system. The SunLine transit agency provides bus service in the region. SunLine currently provides no service within proximity to the project site, and the closest bus stop is located approximately 1.5 miles from the project, at Washington and Avenue 50. SunLine has no plans to install a bus stop at the project location (SunLine Transit, October 3, 2017). The Project includes non-meandering sidewalks along the perimeter, and interior sidewalks offer ADA- compliant access to the perimeter sidewalks. Therefore, the Project can accommodate transit, pedestrian and bicycle facilities in the future. Thus, implementation of the Project would not conflict with public transit and alternative transportation facilities. No impacts would occur. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006:  The proposed site plan shall be redesigned to provide at least 90 feet of stacking at all access points or dedicated right turn into the driveways shall be provided. If one of these standards cannot be met, the applicable access point shall be eliminated. Note: Since the approval of the original Specific Plan, the site plan has been revised to provide at least 90 feet of stacking within the development at all access points through a combination of internal stacking and/or dedicated right turns into the driveways. Therefore, this mitigation measure is no longer applicable to the currently Proposed project. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): TRAF-1 Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 73 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVII. Tribal Cultural Resources: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or X b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X Environmental Setting CRM Tech prepared two studies for the Project site. The first consisted of Phase I and Phase II cultural assessment conducted in 1998 and 1995 for approximate 50 acres of undeveloped land as part of Tentative Parcel Map No. 29052 and Tentative Tract Map No. 29053, which included a residential development and the current commercial Project site. The study was part of the environmental impact review process for the proposed subdivision and development of the property, as required by the City of La Quinta, Lead Agency for the project, in compliance with the California Environmental Quality Act (CEQA; PRC §21000, et seq.). The second study was conducted in June 2017 and consisted of a historical/archaeological resources records search, historical background review, and an archaeological field inspection of the approximately 12-acre Project site. The CRM research concluded that no “historic properties,” “historical resources,” or “tribal cultural resources” are present within or adjacent to the Project area. However, CRM identified that there have been previous discoveries in the Project vicinity, an overall high sensitivity to archaeological resources on the Project site, and the potential to encounter subsurface prehistoric cultural remains within the project boundaries. Therefore, CRM TECH recommended that all grading, grubbing, trenching, excavations, and other earth-moving activities in the project area be monitored by a qualified archaeologist. This information and mitigation has been identified in Section V of this document. While the Phase II cultural resources investigation indicated that there were minimal subsurface artifacts recovered from the Phase II survey, the project area is in an area that has high prehistoric sensitivity. Additionally, the project is adjacent to the Chemehuevi Traditional Use Area. For these reasons, the City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 74 project area has the possibility of inadvertent discoveries, which may have significant impacts on potential cultural resources that concern the Tribe. There is an increased possibility of encountering cultural resources during the construction processes that may take place because of cultural resources recorded within the project's boundaries, and it is in the vicinity of an area with high archaeological sensitivity. Avoidance, if feasible, would negate adverse effects on the project. CRM TECH, recommended that a qualified archaeologist monitor all grading, grubbing, trenching, excavations, and other earth-moving activities in the project area. Impact Analysis a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), No Impact. There are no resources that have been identified as eligible for listing to the California Register of Historic Places. Therefore, there is no impact. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant with Mitigation Incorporated. There are no resources supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. Therefore, there is no impact. However, there have been past discoveries in the vicinity, therefore overall archaeological sensitivity of the project location remains high, and the potential of encountering subsurface prehistoric cultural remains within the project boundaries is a potential. Implementation of TCR-1 will reduce the potential impacts to potential undetermined discoveries to less than significant. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): TRC-1 Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities. Impact Conclusions: No significant adverse effects are anticipated with the inclusion of the above mitigation measure. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 75 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVIII. Utilities and Service Systems: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f) Be served by a landfill(s) with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Environmental Setting Lundin Development, a private entity, is requesting authorization from the City of La Quinta to construct a 125,800 square-foot mixed-use commercial center development project on a 12-acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Proposed uses within the commercial center development include banks, restaurants, gasoline service station, and grocery store (Figure 2, Figure 3). The Assessor Parcel Numbers for this Project are: APNs: 602-180-003, 602-180-004, 602-180-005, 602- 180-013, and 602-180-014. Per the City of La Quinta General Plan, the Project site is zoned Community Commercial (CC) for commercial use. Domestic water is provided by the Coachella Valley Water District (CVWD). Its source of water is groundwater and import water. Wastewater services is also provided by the CVWD. The Project site will be served by the Mid-Valley Water Reclamation Plant. The CVWD reports that it annually treats nearly 6.3 billion gallons of City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 76 wastewater from throughout the Coachella Valley. The CVWD also has the capacity to increase its wastewater treatment as the Coachella Valley’s population grows. Solid waste in the City is served by Burrtec Waste Recycling Services which transports the waste to the Edom Hill Transfer Station, located in the City of Cathedral City. From the transfer station, the waste is transported to one of three regional landfills: Lamb Canyon, Badlands or El Sobrante, each of which has remaining long-term capacity. Burrtec also provides solid waste and greenwaste recycling services. Impact Analysis a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Less Than Significant. Once complete, the project will be served by the CVWD’s existing sewer system. Stormwater will be treated through an underground system to collect all of the stormwater runoff from the project site. Therefore, the Project will not exceed wastewater treatment requirements and will have a less than significant impact. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant. The CVWD reviewed the Project and identified that it could serve the Project with the existing water and wastewater treatment facilities (CVWD, October 5, 2017). The CVWD identified that utilities are available in the public rights of way; the only water and wastewater improvements required for the Project are on-site pipelines and unit connections to the infrastructure systems, which are subject to connection fees. Therefore, the proposed Project would not require or result in the construction or expansion of new water or wastewater treatment facilities off-site, and the Project would have no significant impacts. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant. The project will not require levels of water usage that would impact stormwater drainage systems on or around the Project site. As discussed in Section IX Hydrology and Water Quality, impervious runoff created from the project will drain into an underground system. Therefore, use of the proposed onsite underground system will not require in new or expanded storm drain public infrastructure that would cause significant environmental effects. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant. The proposed Project is consistent with the City’s General Plan and zoning. The CVWD reviewed the Project and identified that it could serve the Project with the existing water and entitlements (CVWD, October 5, 2017). The CVWD identified that the Project lies within the study area of the 2010 Water Management Plan Update. The CVWD identified that the groundwater basin in the Coachella Valley is in a state of overdraft, and each new development contributes incrementally to the overdraft. CVWD identified that its Water Management Plan is in place to reduce overdraft and identifies specific actions for reducing overdraft. The CVWD identified that the Project must comply with elements and actions described in the plan. The proposed Project would not require new or expanded water entitlements, and the Project would have no related significant impacts. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 77 e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant. Refer to (b) above. f) Be served by a landfill(s) with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant. Burrtec Waste provides trash collection for the City of La Quinta, and will haul the waste to a transfer station for proper disposal at one of three regional landfills: Lamb Canyon, Badlands or El Sobrante. All three landfills have capacity remaining for the long-term (City of La Quinta, February 19, 2013). Construction Waste: The site is undeveloped, so no demolition waste is anticipated. Small volumes of construction waste are anticipated during construction including pallets, strapping, packaging, excess wood and metal. Due to the small volume of construction-related waste that may be generated during construction, and the millions of cubic yards of remaining capacity at the three regional landfills that would serve the Project, less than significant impacts would occur under this criterion as a result of future construction activities. Operations Waste: The waste generated by this proposed Project is anticipated to be similar to retail centers with similar uses. Annual waste generation is anticipated as follows:  Grocery 63,000 s.f.: 2,920 cubic yards  Shops and banks. 30,000 s.f: 624 cubic yards  Fast Food and restaurants. 32,000 s.f.: 520 cubic yards The three regional landfills have long-term capacity; therefore, impacts would be less than significant. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. All solid waste generated by the Project during both construction and operation would be handled in accordance with all applicable Federal, State, and local statutes and regulations. The City is currently required to implement new and maintain ongoing waste and recycling programs and recycle at least 50 percent of its solid waste stream, and is meeting that goal (City of La Quinta, February 19, 2013). Therefore, no impacts would occur under this criterion as a result of future Project activities. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: No mitigation measures were identified with the previously approved Specific Plan for this criterion. Mitigation Measures: Fairway Plaza Amendment 2 - EA2017-0006 (Pavilion Palms): No mitigation measures are required. Impact Conclusions: No significant adverse impacts are identified or anticipated, and no mitigation measures are required. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 78 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact or Does Not Apply XVIII. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term environmental goals to the disadvantage of long- term environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Impact Analysis a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact with Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre‐historical resources were evaluated as part of this IS/MND. Potential impacts associated with nesting birds were identified however implementation of Mitigation Measure BIO-1 reduces the potential impacts to than significant. Section IV, Biological Resources, addresses the potential impacts and mitigation measures in detail. As there are no other potentially significant impacts and no further mitigation is required in any other area, the adoption of the mitigation measures associated with biological impacts will ensure that the Project as a whole would have less than significant cumulative impacts on the environment in and around the Project area. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 79 Additionally, as previously discussed, a cultural resources records search for the Project was conducted to identify cultural resources within one mile of the project site (CRM, June 5, 2017). The research did not identify any cultural resources within Project site specifically, but identified that Mitigation Measures CUL-1, CUL-2 and CUL-3 were required during grading activities due to a high cultural resources sensitivity. b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? Less Than Significant Impact. The project objective is to construct a retail center that is consistent with the City’s General Plan and Zoning. The preceding evaluation of project impacts concluded that it can be implemented without causing any significant adverse impacts on any environmental resource issues. Therefore, meeting short-term goals will not be to the disadvantage of long-term environmental goals. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant Impact with Mitigation Incorporated. As discussed throughout this IS/MND, implementation of the proposed Project has the potential to result in effects to the environment that are individually limited, but cumulatively considerable primarily in the categories of Air Quality, Greenhouse Gas and Traffic. The City’s General Plan analysis this site assumed the site was zoned Community Commercial with a FAR of 0.33, which is greater than the 0.22 proposed. Since the General Plan Environmental Impact Report was a City-wide analysis and found significant impacts, the City adopted a Statement of Overriding Considerations in the categories of Air Quality, Greenhouse Gas and Traffic. For this project, in all instances where the analysis identified that the Project has the potential to contribute to a cumulatively considerable impact to the environment, mitigation measures have been imposed to reduce potential effects to less than significant levels. As such, with incorporation of the mitigation measures imposed throughout this IS/MND, the Project would not contribute to environmental effects that are individually limited, but cumulatively considerable, and impacts would be less than significant. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact with Mitigation Incorporated. The Project’s potential to result in environmental effects that could adversely affect human beings, either directly or indirectly, has been discussed throughout this IS/MND, and are primarily in the categories of: Aesthetics, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Traffic. In instances where the analysis identified that the Project has potential to result in direct or indirect adverse effects to human beings, mitigation measures have been applied to reduce the impact to less than significant levels. With required implementation of mitigation measures identified in this IS/MND, construction and operation of the proposed Project would not involve any activities that would result in environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 80 Section 5 ‐ Summary of Mitigation Measures I. Aesthetics AES-1 Provide shielding for the dual head pole in the southwest corner as per the lighting design engineering recommendations. III. Air Quality AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. IV. Biological Resources BIO - 1: Any grubbing, brushing or tree removal should be conducted outside of the State identified nesting season for migratory birds, which is typically March 15 through September 1. If work cannot be conducted outside of nesting season, a migratory nesting bird survey within and adjacent to the project site shall be conducted by a qualified biologist within three (3) days prior to initiating the construction activities. If active nests are found during the pre-construction nesting bird surveys, a Nesting Bird Plan (NBP) will be prepared and implemented. At a minimum, the NBP will include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The NBP will include a copy of maps showing the location of all nests and an appropriate buffer zone around each nest sufficient to protect the nest from direct and indirect impact. The size and location of all buffer zones, if required, shall be determined by the biologist, and shall be based on the nesting species, its sensitivity to disturbance, and expected types of disturbance. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist has determined the young birds have successfully fledged and a monitoring report has been submitted reviewed and approved by the City of La Quinta. V. Cultural Resources CUL-1: Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered:  The archaeological monitor shall notify the project foreman  The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated  All work in the vicinity of the find shall halt  Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 81 CUL-2: Grading activities shall be overseen by a qualified paleontological monitor. Paleontological monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors will be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring will be reduced if the potentially fossiliferous units as described by the San Bernardino County Museum, Division of Earth Sciences May 2, 2017 report are not present, or if present are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. CUL-3: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. VI. Geology and Soils GEO-1 Prior to grading plan approval, submit for review and approval by the City Engineer, a PMl0 management plan. GEO-2 For portions of the site not immediately under construction, ensure the stabilization of soils through the use of soil cement or re-vegetation, frequent watering. including watering during the evening and weekends during significant wind events; street sweeping or washing during construction, and the chemical stabilization of unpaved construction roadways. VII. Hazards and Hazardous Materials HAZ – 1 A hazardous spill prevention plan shall be prepared by the Applicant and submitted to the City for approval to minimize the likelihood of a spill shall be prepared prior to construction. The plan shall state the actions that would be required if a spill occurs to prevent contamination of surface waters and provide for cleanup of the spill. The plan shall follow Federal, state, and local safety guidelines and standards to avoid increased exposure to these pollutants. HAZ – 2 If a contaminated area is encountered during construction, construction shall cease in the vicinity of the contaminated area. The construction contractor shall notify all appropriate authorities, including the EPA and the City. If necessary, the contaminated site shall be remediated to minimize the potential for exposure of the public and to allow the Project to be safety constructed. IX. Hydrology and Water Quality HYD-1 Prior to Project approval, the Project Applicant shall prepare a Water Quality Management Plan that shall, at minimum, include the following: City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 82  Identifies all project related pollutants, impacts to the site’s hydrologic condition, and potential impacts to local waterways caused by Project post-construction runoff;  Identifies BMPs required to remove pollutants from the Projects’ post construction runoff and prevent downstream hydromodification;  Identifies parties responsible for long term operation and maintenance activities of all BMPs;  Identifies the design, operation and maintenance of the underground stormwater collection system. XII. Noise NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows:  Position devices away from the site boundary to the south.  Provide additional screening such as positioning of the retail buildings or a noise barrier as close to the device;  Reduce the number of audible devices, such as one device to serve two drivethroughs;  Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle;  The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet;  There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example:  Where practicable, use hydraulic rather than pneumatic impact tools  Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises  Turn off idling equipment and vehicles  All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 83  All stationary equipment shall be located as far as practical from adjacent potential residential units  Phase in start-up and shut-down of site equipment  Conduct truck loading, unloading and hauling operations to keep noise to a minimum  Limit the time that steel decking or plates for street decking or covering excavated areas are in use  Limit the use of annunciators or public address systems, except for emergency notifications  All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m. XVI. Traffic TRAF-1 Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. XVII. Tribal Cultural Resources TRC-1 Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 84 Section 6 - References Albert Grover and Associates, July 27, 2017. Focused Traffic Study to Determine the Feasibility of a Full-Access Unsignalized Driveway on Avenue 50 West of Jefferson Street in the City of La Quinta. Antonio Acoustics, June 16, 2017, Lundin Development Com Proposed Retail Development, La Quinta, Noise Study. Antonio Acoustics, September 18, 2017. Retail Development at Ave 50 & Jefferson St - Outdoor Retail Audible Devices California Department of Conservation, Farmland Mapping and Monitoring Program: California Important Farmland Finder, http://maps.conservation.ca.gov/ciff/ciff.html, accessed 8/13/17. City of La Quinta, February 19, 2013. La Quinta 2035 General Plan. Coachella Valley Water District (CVWD), October 5, 2017. Pavilion Palms Shopping Center, TPM 2017-0003, SDP 2017-0009, EA 2017-0006, MUP2017-0016, Northwest Comer of Jefferson Street and Avenue 50, APN's 602-180-003, 602-180-004, 602-180-005, 602- 180-013, 602-180-014. CRM Tech, June 5, 2017, Letter Report: Re: Update to Historical/Archaeological Resources Studies Parcel 1, TPM 36539-R (Formerly TPM 29052), City of La Quinta, Riverside County, California. CRM TECH Project No. 348/355/3210. Federal Transit Administration (FTA). 2006. Construction Equipment Noise Levels. Federal Transit Administration. 2006. Transit Noise and Vibration Impact Assessment, Report Number FTA-VA-90-1003-06. Innovative Design Engineers, August 21, 2017. Pavilions La Quinta, Site Lighting, NWC Avenue 50 & Jefferson St, La Quinta, CA Jericho Systems Inc (Jericho), May 23, 2017. General Biological Resources Assessment And Coachella Valley MSHCP Consistency Review For a 12-acre Parcel (APNs: 602-180-003, 602-180-004, 602-180-005, 602-180-013, & 602-180-014) City of La Quinta, Riverside County, California Landmark Geo-Engineers and Geologists, August 25, 2017. Geotechnical Report, Fairway Plaza, NW Corner of Avenue 50 and Jefferson Street, La Quinta, California, LCI Report No. LP 17117. San Bernardino County Museum, Division of Earth Sciences (SBCM), May 2, 2017. Paleontology Literature / Records Review, Parcel 1, of Parcel Map 36539-R. Southland Geotechnical, November 5, 1998. Geotechnical Investigation, Lucky’s Shopping Center, NW Corner of Ave 50 and Jefferson Street, La Quinta, California. State of California Department of Toxic Substances Control Website. www.dtsc.ca.gov SunLine Transit Agency, October 3, 2017, Letter to Cheri Flores, Project Planner, City of La Quinta, RE: Pavillion Palms Shopping Center. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 INITIAL STUDY Page 85 Terra Nova Planning & Research Inc., July 2012. Draft Environmental Impact Report (SCH # 2010111094) for the City of La Quinta General Plan. Warner Engineering, February 19, 2002. Fairway Plaza Shopping Center, Specific Plan Amendment #1, Planning Commission Resolution 2002-006; Originally Approved by the City of La Quinta City Council Resolution 99-63, Adopted May 18, 1999, Original Specific Plan No. 98-034, New Case 98-034 Amended Adopted by City Council on September 19, 2002. [this page left intentionally blank] Final Mitigated Negative Declaration for the Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center La Quinta, CA EA2017-0006 Lead Agency: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Introduction This Final Mitigated Negative Declaration (MND) for the Pavilion Palms Shopping Center project has been prepared to report to the decision-making authority of the City of La Quinta of the comments received on the Mitigated Negative Declaration during the public review process. The public review period for the project took place between March 23, 2018 and April 23, 2018. This Final MND includes a list of persons, organizations and public agencies who commented on the Draft MND, the comment letters and responses, a section of errata explaining revisions to the Draft MND which were made in response to comments, and the Mitigation Monitoring and Reporting Program. Comments and Responses The City of La Quinta received a total of 12 comment letters from various agencies and residents living in the project vicinity. The following list provides the name of the commenter, his/her affiliation, and the date the letter was sent. The comment letters and responses follow in order of this list. Letter Number Author/Affiliation Date A Katie Croft, Agua Caliente Band of Cahuilla Indians April 2, 2018 B Gerald Cantarini, La Quinta Renaissance HOA April 3, 2018 C Anthony Madrigal, Jr., Twenty-Nine Palms Band of Mission Indians April 2, 2018 D Rosie Lua, City of Indio April 10, 2018 E Lijin Sun, J.D., South Coast Air Quality Management District April 17, 2018 F Pat Kelly, Resident of Palmilla April 18, 2018 G Kent Bailey, Resident of Palmilla April 20, 2018 H Ken Hulbert, Palmilla HOA April 21, 2018 I Leila Namvar, Resident of La Quinta Renaissance April 22, 2018 J Robert and Marilyn Lang, Residents of Palmilla April 23, 2018 K Steve Cenicola, Resident of La Quinta Renaissance April 23, 2018 L Anita Petke, Sunline Transit Agency April 20, 2018 03-003-2017-004 Dear Ms. Cheri Flores, The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Pavilion Palms Shopping Center project. We have reviewed the documents and have the following comments: [VIA EMAIL TO:clflores@la-quinta.org] City of La Quinta Ms. Cheri Flores 78-495 Calle Tampico La Quinta, CA 92253 April 02, 2018 Re: Pavilion Palms Shopping Center Initial Study/Mitigated Negative Declaration Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760)699-6829. You may also email me at ACBCI-THPO@aguacaliente.net. Cordially, Katie Croft Cultural Resources Manager Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUILLA INDIANS *The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. #* Kotevewit village, a Tribal Cultural Resource, is located in the project area. #* There is a mitigation measure for an archaeological monitor, but there should also be a mitigation measure for a Native American Monitor during ground disturbing activities. April 23, 2017 Katie Croft, Cultural Resource Manager Tribal Historic Preservation Office Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92264 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Katie: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment A-1: The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. Kotevewit village, a Tribal Cultural Resource, is located in the project area. Response A-1: Comments are noted. Mitigation Measures CUL-1, CUL-3 and TCR-1 are included to minimize impacts to cultural and tribal resources. CUL-1—Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered: • The Archaeological monitor shall notify the project foreman • The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated • All work in the vicinity of the find shall halt • Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist CUL-3—If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. TCR-1—Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities. Comment A-2: There is a mitigation measure for an archaeological monitor, but there should also be a mitigation measure for a Native American Monitor during ground disturbing activities. Response A-2: As mentioned in Response A-1 above, the Mitigated Negative Declaration does include in Section XVII, Tribal Cultural Resources, a mitigation measure (TCR-1) which requires a Native American Monitor during ground-moving activities. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta LA QUINTA RENAISSANCE HOMEOWNERS ASSOCIATION April 3 , 2018 Linda Evan, Mayor City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Kathleen Fitzpatrick, Mayor Pro Tem City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Robert Radi, Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Mayor, Ms. Flores and City Council Members Cheri L. Flores, Senior Planner City of La Quinta, Planning Department 78495 Calle Tampico La Quinta, CA 92253 John Pena, Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Steve Sanchez, Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 The members of the La Quinta Renaissance Board of Directors represent 103 homeowners of La Quinta Renaissance. The La Quinta Renaissance subdivision is located adjacent to the proposed Pavilion Palms Shopping Center. As we have stated in our earlier correspondence dated February 6, 2018, the La Quinta Renaissance Board and residents understand that the property is zoned for commercial use but we have several concerns with this development. It is our understanding that eventually there will be a commercial development at Avenue 50 and Jefferson. Our objective is to protect our residents, protect the La Quinta Renaissance property values and preserve the image of the City of La Quinta. 1. Gas Station and Mini Mart: Our proposal is to remove this aspect of the development. Research shows that there is no or little need for another gas station in this area. Within the square of Washington, Jefferson, -1- Highway 111 and Avenue 50 there are seven (7) gas stations. In addition, there is severe concern that the proposed mini mart will offer an after hour's gang hangout. We are all aware of the crime and gang activity in Indio, which has already attempted to infiltrate the Eastern La Quinta residential areas. Should removal of the gas station and mini mart not be an option, we would offer the following proposal: A. Restrict the size and hours of the operation of the mini mart; B. Relocate the gas station to the east of the project site, closer to Jefferson with a landscape berm; C. Require that the gas station be more aesthetically appealing to the environment. 2. Proposed left turn lane on Avenue 50 near Jefferson: While the developer has proposed infrastructure changes, these changes do not offer a solution to the hazards created by this left turn lane: A. The left turn lane location is too close to the Avenue 50/Jefferson traffic light and intersection; B. The proposal does not adequately address the east/west traffic flow. The submitted traffic study was completed in July of 2017 and did not take into consideration the heavy fluctuation and traffic counts during the November through April period. Without question, the left turn lane as proposed, will create a severe traffic hazard. 3. The heavily traveled eastbound Avenue 50 street creates the gateway to the City of La Quinta. The appearance of the northeast corner should require a more appealing and inviting appearance with stone, landscaping, berms, and possibly a statue. There are many other concerns that should be considered by the City Council: timing of finished build -out of the project, i.e. all proposed building pads, noise control during construction and upon completion, and height of the existing wall. Additionally, the La Quinta Renaissance Board and residents have concern over the developer's ability or willingness to create proper design, color schemes, maintenance and completion timeline. This concern was magnified after the inspection of two similar properties constructed, but not finished by the proposed developer on another construction site. This concern was also communicated by the Indio Planning Commission, who had an unfavorable experience with Loudin Development on both projects. -2- As the City Council can see, there are many concerns by the La Quinta Renaissance residents and surrounding communities. We are certain that the Council will agree that the majority of our requests are reasonable. Let's make this project a real show stopper. By working together, we can create an image that all La Quinta citizens will be proud of. We look forward to a productive meeting on the 24th. Thank you for again for your consideration of this letter and the Communities concerns. Gerald Cantarini, President �:t-,, Betty 7'asl wsky, Secretary Very truly yours, Very truly yours, LA QUINTA RENAISSANCE BOARD OF HOMEOWNERS ASSOCIATION -3- Dick Col liver, Vice -President 3 anne Garibaldi, Director -At -Large April 23, 2017 Gerald Cantarini, President La Quinta Renaissance Homeowners Association 79783 Joey Court La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Cantarini: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment B-1: Proposed left turn lane on Avenue 50 near Jefferson: While the developer has proposed infrastructure changes, these changes do not offer a solution to the hazards created by this left turn lane: A. The left turn lane location is too close to the Avenue 50/Jefferson traffic light and intersection; B. The proposal does not adequately address the east/west traffic flow. The submitted traffic study was completed in July of 2017 and did not take into consideration the heavy fluctuation and traffic counts during the November through April period. Without question, the left tum lane as proposed, will create a severe traffic hazard. Response B-1: The traffic section of the Mitigated Negative Declaration analyzed potential hazards due to design features. The eastern driveway on Avenue 50 will allow right and left turns. Shared left-turn and right-turn markings are specifically outlined in Chapter 3 of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and such movements are generally allowed at many corner gas stations throughout Southern California. In addition, Mitigation Measure TRAF-1 will be implemented in order to minimize impacts to the Avenue 50 and Jefferson Street intersection due to projected area growth. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta April 23, 2017 Anthony Madrigal Twenty-Nine Palms Band of Mission Indians 46-200 Harrison Place Coachella, CA 92236 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Madrigal: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment C-1: This letter is in regards to consultation in compliance with AB 52 (California Public Resources Code§ 21080.3.1) for the Pavilion Palms Shopping Center. As stated in our letter, sent October 24, 2017, the Tribal Historic Preservation Office is aware of numerous cultural resources within 1-mile of the project area and three cultural resources within the project boundary. For these reasons, the report recommended archaeological monitoring during earth-moving activates. There is an increased possibility of encountering cultural resources during the construction processes that may take place because of cultural resources recorded within the project's boundaries, and it is in the vicinity of an area with high archaeological sensitivity. Avoidance, if feasible, would negate adverse effects on the project. The THPO continues to request that approved Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians be present during any ground disturbing activities during the project as indicated in TCR-1. The following conditions (CUL 1 -4, TCR-1) would mitigate current concerns for the aforementioned project, however, if there are any changes, please notify the THPO. Response C-1: Comments are noted and mitigation measures are incorporated in the MND document and Mitigation Monitoring and Reporting Program. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta From:Rosie Lua To:Cheri Flores Cc:Les Johnson; Tom Brohard Subject:RE: Pavilion Palms Shopping Center-Jefferson and Ave 50 Date:Tuesday, April 10, 2018 8:11:38 AM Hi Cheri, Thank you for the opportunity to review the Initial Study/Mitigated Negative Declaration regarding the Fairway Plaza Specific Plan Amendment No. 2. At this time, we have no further comments on this project. Our previous response letter dated October 18, 2017 which summarized priority items discussed in the Initial Study and Focused Traffic Study remain. Please let us know if you have any further questions. Thank you, Rosie Lua Assistant Planner City of Indio rlua@indio.org 760-391-4016 October 18, 2017 Development Services Department City of La Quinta Attention: Cheri Flores Design and Development Department 78495 Calle Tampico La Quinta, CA 92253 RE: Pavilion Palms Shopping Center — Initial Site Plan & Focused Traffic Study Dear Ms. Flores, Thank you for the opportunity to provide comments on the Pavilion Palms Shopping Center project proposed at the northwest corner of Jefferson Street and Avenue 50. The 125,800 square foot project includes a supermarket, a gas station with convenience market, five pads with drive thru facilities, and other commercial buildings. The following are comments provided by the City's Traffic Engineer responding to the Initial Site Plan and a July 27, 2017 Focused Traffic Study: 1) Trip Generation — While pass -by trip reductions are shown, the Traffic Study does not appear to include a table that summarizes peak hour and daily trip generation forecasts for each proposed building as well as internal trip reductions within and D-2 between the uses on the site itself. (Page 8 of the Traffic Study is missing from my copy of the report). 2) Derek Alan Drive Connection — Access is proposed to connect the shopping center to Derek Alan Drive on the north, a local street that serves the gated Renaissance residential development. Left turns out of Derek Alan Drive to northbound Jefferson Street are physically prohibited by a raised median while northbound left turns into Derek Alan Drive are accommodated. The driveway connection between the shopping center and Derek Alan Drive should be eliminated as it will create congestion at the entrance/exit to the gated residential development and it does not facilitate exiting to the north. D-3 271 3) Eastbound Left Turn Lane on Avenue 50 at Jefferson Street — The Traffic Study indicates concerns have been expressed by City of La Quinta staff regarding peak hour queuing in the eastbound left turn lane on Avenue 50 at Jefferson Street. From my observations of this intersection, the longest queues result from parent trips to and from the elementary and middle schools on the north side of Avenue 50 to the west rather than from traditional peak hour commuter trips. Calculations in the Traffic Study indicate that storage for eastbound left turns at Jefferson Street will be adequate in 2019 and will be marginally adequate in Year 2035. Additional left turn storage is proposed to be provided west of the full access driveway for left turns into the proposed full access driveway and for Jefferson Street. This treatment has been used in urbanized areas were left turn storage for stacking may only be marginally adequate. 4) Relocate Avenue 50 Full Access Driveway Further To The West — Before accepting the open-ended eastbound left turn lane shown on the site plan and described immediately above, it is suggested that alternatives be explored in further detail including: a. Flip Building 8 just south of the supermarket with the Pavilions Fuel location southeast of the supermarket. b. Reorient the supermarket so it is parallel to the diagonal at the northwest corner in the site. c. Designate and widen the westerly aisle driveway on Avenue 50 as the major full -access driveway and narrow and limit the easterly driveway on Avenue 50 to right turns only. This would provide a longer throat on the repositioned major full access driveway. Entering the fueling area as currently designed from the main full access driveway could potentially block the entering traffic lane as motorists seek the first opportunity to line up for fuel. To access the fueling positions closest to Avenue 50 requires a sharp right turn greater than 90 degrees. D-4 D-5 5) Avenue 50 East of Jefferson Street — There are no significant issues associated with the Citrus Plaza Ralphs full access driveway on the north side of Avenue 50 D-6 about 300' east of Jefferson Street. 272 6) Avenue 50 and Jefferson Street Operational Improvements - To improve the traffic signal operation at Jefferson Street and Avenue 50, a westbound right turn green arrow overlap should be considered. With this additional feature and a shorter traffic signal cycle, the intersection operation would improve and delays would be reduced. The City of La Quinta should also consider "conditional service" (a practice used by the City of Indio) so that eastbound left turns could be served a second time in the same signal cycle if a gap in opposing westbound through traffic occurs. Thank you for the opportunity to provide comments. Please contact me at (760) 391-4016 if you have any questions regarding this matter. Sincerely, Rosie Lua Assistant Planner D-7 273 April 23, 2017 Rosie Lua, Assistant Planner City of Indio 100 Civic Center Mall Indio, CA 92201 rlua@indio.org SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Ms. Lua: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked with and responses are as follows: Comment D-1: Thank you for the opportunity to review the Initial Study/Mitigated Negative Declaration regarding the Fairway Plaza Specific Plan Amendment No. 2. At this time, we have no further comments on this project. Our previous response letter dated October 18, 2017 which summarized priority items discussed in the Initial Study and Focused Traffic Study remain. Response D-1: We have included the October 18, 2017 letter and comments from that letter are addressed subsequently. Comment D-2: Trip Generation - While pass-by trip reductions are shown, the Traffic Study does not appear to include a table that summarizes peak hour and daily trip generation forecasts for each proposed building as well as internal trip reductions within and between the uses on the site itself. (Page 8 of the Traffic Study is missing from my copy of the report). Response D-2: Page 8 of the Traffic Study is attached which shows the trip generation. The MND included this information and analyzed the project accordingly. Comment D-3: Derek Alan Drive Connection - Access is proposed to connect the shopping center to Derek Alan Drive on the north, a local street that serves the gated Renaissance residential development. Left turns out of Derek Alan Drive to northbound Jefferson Street are physically prohibited by a raised median while northbound left turns into Derek Alan Drive are accommodated. The driveway connection between the shopping center and Derek Alan Drive should be eliminated as it will create congestion at the entrance/exit to the gated residential development and it does not facilitate exiting to the north. Response D-3: The Derek Alan Drive connection has been eliminated. Comment D-4: Eastbound Left Turn Lane on Avenue 50 at Jefferson Street - The Traffic Study indicates concerns have been expressed by City of La Quinta staff regarding peak hour queuing in the eastbound left turn lane on Avenue 50 at Jefferson Street. From my observations of this intersection, the longest queues result from parent trips to and from the elementary and middle schools on the north side of Avenue 50 to the west rather than from traditional peak hour commuter trips. Calculations in the Traffic Study indicate that storage for eastbound left turns at Jefferson Street will be adequate in 2019 and will be marginally adequate in Year 2035. Additional left turn storage is proposed to be provided west of the full access driveway for left turns into the proposed full access driveway and for Jefferson Street. This treatment has been used in urbanized areas were left turn storage for stacking may only be marginally adequate. Response D-4: The MND includes a mitigation measure to account for this situation. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Comment D-5: Relocate Avenue 50 Full Access Driveway Further To The West - Before accepting the open-ended eastbound left turn lane shown on the site plan and described immediately above, it is suggested that alternatives be explored in further detail including: a. Flip Building 8 just south of the supermarket with the Pavilions Fuel location southeast of the supermarket. b. Reorient the supermarket so it is parallel to the diagonal at the northwest corner in the site. c. Designate and widen the westerly aisle driveway on Avenue 50 as the major full- access driveway and narrow and limit the easterly driveway on Avenue 50 to right turns only. This would provide a longer throat on the repositioned major full access driveway. Entering the fueling area as currently designed from the main full access driveway could potentially block the entering traffic lane as motorists seek the first opportunity to line up for fuel. To access the fueling positions closest to Avenue 50 requires a sharp right turn greater than 90 degrees. Response D-5: Mitigation Measure TRAF-1 in the MND would address the concerns with the easterly full access driveway on Avenue 50. Additionally, the suggested alternative configurations would not be feasible since the neighboring communities do not want the fuel center closer to them. Also, reorienting the supermarket would result in inefficient utilization of the property with conflicting diagonal and right angles throughout the parking field and access points. To address the position of the fueling area, the fuel center has been reduced and positioned farther from the Avenue 50 entrance thus eliminating sharp turns. Comment D-6: Avenue 50 East of Jefferson Street - There are no significant issues associated with the Citrus Plaza Ralphs full access driveway on the north side of Avenue 50 about 300' east of Jefferson Street. Response D-6: Thank you for your comment. Comment D-7: Avenue 50 and Jefferson Street Operational Improvements - To improve the traffic signal operation at Jefferson Street and Avenue 50, a westbound right turn green arrow overlap should be considered. With this additional feature and a shorter traffic signal cycle, the intersection operation would improve and delays would be reduced. The City of La Quinta should also consider "conditional service" (a practice used by the City of Indio) so that eastbound left turns could be served a second time in the same signal cycle if a gap in opposing westbound through traffic occurs. Response D-7: Thank you for your comment. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta SENT VIA E-MAIL AND USPS: April 17, 2018 cflores@la-quinta.org Cheri Flores, Senior Planner City of La Quinta 8-495 Calle Tampico La Quinta, CA 92253 Mitigated Negative Declaration (MND) for the Proposed Pavilion Palms Shopping Center The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to comment on the above-mentioned document. The following comment is meant as guidance for the Lead Agency and should be incorporated into the Final MND. Project Description The Lead Agency proposes to develop a total of 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel (Proposed Project). The Proposed Project will include various commercial uses, including banks, restaurants, gasoline service station, and grocery store. Based on a review of aerial photographs and Figure 2, Site Location1, in the MND, SCAQMD staff found that residential uses are located immediately to the south and southwest of the Proposed Project. Compliance with SCAQMD Rules Since the Proposed Project includes gasoline service station, a permit from SCAQMD would be required, and SCAQMD should be identified as a Responsible Agency for this Project in the Final MND. The assumptions in the air quality analysis in the Final MND will be the basis for permit conditions and limits. The Final MND should also demonstrate compliance with SCAQMD Rules, including, but are not limited to, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and Dispensing. If there are permitting questions concerning the gasoline service station, they can be directed to SCAQMD Engineering and Permitting staff at (909) 396-2551. Air Quality Analysis In the Air Quality analysis, the Lead Agency found that the Proposed Project’s regional construction and operational air quality impacts would be less than significant. However, it does not appear that the Air Quality analysis include operational ROG emissions generated from storage tanks or from the fueling process. This may have likely led to an under-estimation of the Proposed Project’s operational air quality impacts. It is important to note that while CalEEMod2 quantifies mobile source emissions (e.g., trip visits by patrons) associated with operating a gasoline service station, CalEEMod does not quantify the operational stationary source emissions from the storage tanks and fueling equipment. Therefore, it is recommended that the Lead Agency quantify operational emissions from the fueling process in the Final MND. Health Risk Assessment The Proposed Project would be sited in close proximity to existing residential uses. Benzene, which is a toxic air contaminant, may be emitted from the Proposed Project’s gasoline refueling operations. 1 MND. Page 6. 2 CalEEmod incorporates up-to-date state and locally approved emission factors and methodologies for estimating pollutant emissions from typical land use development. CalEEMod is the only software model maintained by the California Air Pollution Control Officers Association (CAPCOA) and is available free of charge at: www.caleemod.com. SCAQMD staff is concerned about the potential health impacts on the residents from being exposed to benzene. As such, it is recommended that the Lead Agency evaluate, quantify, and perform a health risk assessment for the Proposed Project in the Final MND. Guidance for performing a gasoline dispensing station health risk assessment can be found in the SCAQMD’s Emission Inventory and Risk Assessment Guidelines for Gasoline Dispensing Stations3. Guidance Regarding Gasoline Dispensing Facilities Sited Near Sensitive Receptors SCAQMD staff recognizes that there are many factors Lead Agencies must consider when making local planning and land use decisions. To facilitate stronger collaboration between Lead Agencies and SCAQMD to reduce community exposure to source-specific and cumulative air pollution impacts, SCAQMD adopted the Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning4 in 2005. Additionally, it is recommended that a 50-foot separation between a gasoline dispensing facility and sensitive land uses (e.g., residential uses)5. SCAQMD staff recommends that the Lead Agency review and consider these guidance when making local planning and land use decisions. Mitigation Measures Six mitigation measures from the Fairway Plaza Amendment 1 – Resolution 2002-2006 are incorporated in the MND for the Proposed Project6. Since CEQA requires that all feasible mitigation measures go beyond what is required by law to minimize any significant impacts, and to further reduce criteria pollutant emissions, SCAQMD staff recommends that the Lead Agency incorporate the following mitigation measures that are more stringent than those from the Fairway Plaza Amendment 1 – Resolution 2002-2006. Regarding the Second Bullet of Mitigation Measure – “Low Emission Construction Equipment” To further reduce particulate matter emissions during construction and minimize their impacts on nearby residents, SCAQMD staff recommends that the Lead Agency use off‐road diesel‐powered construction equipment that meets or exceeds the CARB and USEPA Tier 4 off‐road emissions standards for equipment rated at 50 horsepower or greater during Project construction. Such equipment will be outfitted with Best Available Control Technology (BACT) devices including a CARB certified Level 3 Diesel Particulate Filters (DPF). Level 3 DPFs are capable of achieving at least 85 percent reduction in in particulate matter emissions7. A list of CARB verified DPFs are available on the CARB website8. These requirements shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each unit’s certified tier specification or model year specification and CARB or SCAQMD operating permit (if applicable) shall be available upon request at the time of mobilization of each applicable unit of equipment. In the event that construction equipment cannot meet the Tier 4 engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by the Lead Agency before using other technologies/strategies. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Project, using cleaner vehicle fuel, and/or limiting the number of individual construction project phases occurring simultaneously. 3 South Coast Air Quality Management District. Accessed at: http://www.aqmd.gov/home/permits/risk-assessment. 4 South Coast Air Quality Management District. May 2005. Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning. Accessed at: http://www.aqmd.gov/home/library/documents-support-material/planning- guidance/guidance-document. 5 California Air Resources Board. 2005. Air Quality and Land Use Handbook: A Community Health Perspective. Page 4. Accessed at: https://www.arb.ca.gov/ch/handbook.pdf. 6 MND. Page 25. 7 California Air Resources Board. November 16-17, 2004. Diesel Off-Road Equipment Measure – Workshop. Page 17. Accessed at: https://www.arb.ca.gov/msprog/ordiesel/presentations/nov16-04_workshop.pdf. 8 Ibid. Page 18. Regarding the Third Bullet of Mitigation Measure – “Low VOC Paints, Primers, and Coatings” To further reduce VOC emissions from architectural coating, SCAQMD staff recommends that the Lead Agency require the use of architectural coatings (no more than 50 grams/liter of VOC) that are beyond the limits in SCAQMD Rule 1113 – Architectural Coatings9. Regarding the Sixth Bullet of Mitigation Measure – “Deliveries during Off-Peak Periods” SCAQMD staff recommends that the Lead Agency require that no delivery vehicles may idle for more than five consecutive minutes. This is consistent with the California Air Resources Board’s idling policy guidelines10. Closing Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide the SCAQMD with written responses to all comments contained herein prior to the certification of the Final MND. When responding to issues raised in the comments, response should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful or useful to decision makers and to the public who are interested in the Proposed Project. SCAQMD staff is available to work with the Lead Agency to address any air quality questions that may arise from this comment letter. Please contact me at lsun@aqmd.gov if you have any questions. Sincerely, Lijin Sun Lijin Sun, J.D. Program Supervisor, CEQA IGR Planning, Rule Development & Area Sources LS RVC180327-04 Control Number 9 South Coast Air Quality Management District. Rule 1113: Architectural Coatings. Accessed at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xi/r1113.pdf. 10 California Air Resources Board. June 2009. Written Idling Policy Guidelines. Accessed at: https://www.arb.ca.gov/msprog/ordiesel/guidance/writtenidlingguide.pdf. April 23, 2017 Lijin Sun, J.D., Program Supervisor, CEQA IGR SCAQMD Planning, Rule Development & Area Sources 21865 Copley Drive Diamond Bar, CA 91765-4178 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Ms. Sun: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment E-1: Project Description—The Lead Agency proposes to develop a total of 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel (Proposed Project). The Proposed Project will include various commercial uses, including banks, restaurants, gasoline service station, and grocery store. Based on a review of aerial photographs and Figure 2, Site Location, in the MND, SCAQMD staff found that residential uses are located immediately to the south and southwest of the Proposed Project. Response E-1: Pages 1 and 8 of the MND identify that while the total project is 125,800 square feet, 100,460 square feet was already approved in 2002. The uses approved in 2002 are the same as the uses currently proposed. Therefore, the MND uses the analysis from the previously certified MND (2002) for the approved 100,460 square feet and is only required to focus on the impacts of adding of 25,340 square feet to the retail areas. Comment E-2: Compliance with SCAQMD Rules—Since the Proposed Project includes gasoline service station, a permit from SCAQMD would be required, and SCAQMD should be identified as a Responsible Agency for this Project in the Final MND. The assumptions in the air quality analysis in the Final MND will be the basis for permit conditions and limits. The Final MND should also demonstrate compliance with SCAQMD Rules, including, but are not limited to, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and Dispensing. If there are permitting questions concerning the gasoline service station, they can be directed to SCAQMD Engineering and Permitting staff at (909) 396-2551. Response E-2: The applicant has been made aware of the requirement to obtain a permit from the SCQAMD for the gasoline service station. Comment E-3: Air Quality Analysis—In the Air Quality analysis, the Lead Agency found that the Proposed Project’s regional construction and operational air quality impacts would be less than significant. However, it does not appear that the Air Quality analysis include operational ROG emissions generated from storage tanks or from the fueling process. This may have likely led to an under-estimation of the Proposed Project’s operational air quality impacts. It is important to note that while CalEEMod quantifies mobile source emissions (e.g., trip visits by patrons) associated with operating a gasoline service station, CalEEMod does not quantify the operational stationary source emissions from the storage tanks and fueling equipment. Therefore, it is recommended that the Lead Agency quantify operational emissions from the fueling process in the Final MND. Response E-3: The Proposed Project which was analyzed is the added 25,340 square feet to the retail areas. The previous approval included an air quality analysis for the gasoline service station, therefore, no further analysis was conducted for the gasoline station. However, a Localized Significance Thresholds (LST) analysis was prepared for the additional 25,340 square feet, and the results (which were less than significant) were identified in the MND. Comment E-4: Health Risk Assessment—The Proposed Project would be sited in close proximity to existing residential uses. Benzene, which is a toxic air contaminant, may be emitted from the Proposed Project’s gasoline refueling operations. SCAQMD staff is concerned about the potential health impacts on the residents from being exposed to benzene. As such, it is recommended that the Lead Agency evaluate, quantify, and perform a health risk assessment for the Proposed Project in the Final MND. Guidance for performing a gasoline dispensing station health risk assessment can be found in the SCAQMD’s Emission Inventory and Risk Assessment Guidelines for Gasoline Dispensing Stations. Response E-4: The Lead Agency determined that a Health Risk Assessment wasn’t necessary since it is not a requirement. The comment will be shared with the Planning Commission for consideration. Comment E-5: Guidance Regarding Gasoline Dispensing Facilities Sited Near Sensitive Receptors—SCAQMD staff recognizes that there are many factors Lead Agencies must consider when making local planning and land use decisions. To facilitate stronger collaboration between Lead Agencies and SCAQMD to reduce community exposure to source-specific and cumulative air pollution impacts, SCAQMD adopted the Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning in 2005. Additionally, it is recommended that a 50-foot separation between a gasoline dispensing facility and sensitive land uses (e.g., residential uses). SCAQMD staff recommends that the Lead Agency review and consider these guidance when making local planning and land use decisions. Response E-5: Thank you for your comment. The location of the proposed gasoline dispensing facility is over 50 feet away from sensitive uses in the area. The guidance will be considering in planning and land use decisions. Comment E-6: Mitigation Measures—Six mitigation measures from the Fairway Plaza Amendment 1 – Resolution 2002-2006 are incorporated in the MND for the Proposed Project. Since CEQA requires that all feasible mitigation measures go beyond what is required by law to minimize any significant impacts, and to further reduce criteria pollutant emissions, SCAQMD staff recommends that the Lead Agency incorporate the following mitigation measures that are more stringent than those from the Fairway Plaza Amendment 1 – Resolution 2002-2006. Regarding the Second Bullet of Mitigation Measure – “Low Emission Construction Equipment” To further reduce particulate matter emissions during construction and minimize their impacts on nearby residents, SCAQMD staff recommends that the Lead Agency use off‐road diesel‐ powered construction equipment that meets or exceeds the CARB and USEPA Tier 4 off‐road emissions standards for equipment rated at 50 horsepower or greater during Project construction. Such equipment will be outfitted with Best Available Control Technology (BACT) devices including a CARB certified Level 3 Diesel Particulate Filters (DPF). Level 3 DPFs are capable of achieving at least 85 percent reduction in in particulate matter emissions. A list of CARB verified DPFs are available on the CARB website. These requirements shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each unit’s certified tier specification or model year specification and CARB or SCAQMD operating permit (if applicable) shall be available upon request at the time of mobilization of each applicable unit of equipment. In the event that construction equipment cannot meet the Tier 4 engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by the Lead Agency before using other technologies/strategies. Alternative applicable strategies may include, but would not be limited to, reduction in the number and/or horsepower rating of construction equipment, limiting the number of daily construction haul truck trips to and from the Project, using cleaner vehicle fuel, and/or limiting the number of individual construction project phases occurring simultaneously. Regarding the Third Bullet of Mitigation Measure – “Low VOC Paints, Primers, and Coatings” To further reduce VOC emissions from architectural coating, SCAQMD staff recommends that the Lead Agency require the use of architectural coatings (no more than 50 grams/liter of VOC) that are beyond the limits in SCAQMD Rule 1113 – Architectural Coatings. Regarding the Sixth Bullet of Mitigation Measure – “Deliveries during Off-Peak Periods” SCAQMD staff recommends that the Lead Agency require that no delivery vehicles may idle for more than five consecutive minutes. This is consistent with the California Air Resources Board’s idling policy guidelines. Response E-6: Page 22 of the MND states: 6. The operator shall comply with all existing and future California Air Resources Board (CARB) and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment. Additionally, Mitigation Measures will be added to the Final EIR which address SCAQMD’s concerns. AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. Comment E-7: Closing—Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide the SCAQMD with written responses to all comments contained herein prior to the certification of the Final MND. When responding to issues raised in the comments, response should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful or useful to decision makers and to the public who are interested in the Proposed Project. Response E-7: Responses to your comments have been provided as requested. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta   From:Kelly, Pat To:Cheri Flores Subject:Pavilions Palms Shopping Center Date:Wednesday, April 18, 2018 2:27:01 PM My name is Pat Kelly and I reside at 50375 Via Puesta Del Sol, La Quinta.  This is the Palmilla Development located at Avenue 50 & Jefferson.   I have some concerns about the proposed Pavilions Palms Shopping Center   1) It appears that there is a fuel island designed on the southwest portion of the property.  I believe this is unsafe and should be moved to the north and up against Jefferson Street.  Light pollution from a fuel island, especially if opened 24 hours, will have a negative impact on my residence. 2) How are U-turns from this development going to be prevented at the entrance to Palmilla on Avenue 50.?  The City of La Quinta police does an awful job of patrolling Avenue 50 as it is, so how would this safety issue be mitigated? 3) How will the developer mitigate noise that will impact properties near the development?  This appears to be a high density development and will have lots of traffic & noise so how will this be addressed? I am concerned that this will have a negative impact on my residence. 4) Avenue 50 is already in terrible shape and this development will likely make it even worse.  What is the City of La Quinta’s plan to fix the pavement that is already in awful shape, and is basically never even maintained?   Thank you,   Pat Kelly     April 23, 2017 Pat Kelly 50375 Via Puesta Del Sol La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Pat: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment F-1: It appears that there is a fuel island designed on the southwest portion of the property. I believe this is unsafe and should be moved to the north and up against Jefferson Street. Light pollution from a fuel island, especially if opened 24 hours, will have a negative impact on my residence. How are U-turns from this development going to be prevented at the entrance to Palmilla on Avenue 50.? The City of La Quinta police does an awful job of patrolling Avenue 50 as it is, so how would this safety issue be mitigated? How will the developer mitigate noise that will impact properties near the development? This appears to be a high density development and will have lots of traffic & noise so how will this be addressed? I am concerned that this will have a negative impact on my residence. Response F-1: The fuel center will be in operation from 7 a.m. to 10 p.m. A lighting plan has been designed to result in no light spillage onto surrounding properties. The project includes a full movement access point at the easterly driveway on Avenue 50. Vehicles exiting the shopping center on Avenue 50 would be able to turn left out of this driveway in order to go in the eastbound direction. There would be minimal U-turns at the Palmilla entrance on Avenue 50. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta From:Kent Bailey To:Cheri Flores Cc:Dana S Bailey Subject:Proposed Pavilions Palms Center Comment Date:Friday, April 20, 2018 4:42:30 PM Hi Cheri, Thanks for the note, I’ll try again! After reviewing the summary of the plan for the proposed shopping, food and fuel center, my wife and I are most concerned. We can understand a need for a modest sized upscale grocery, but find a new center unnecessary when a desireable space is already available nearby. We’re disappointed that the developer, the current owner and city haven’t worked together to rehab the old Ralph’s location and dilapidated mall on Washington and Calle Tampico. As you no doubt know, there is an existing good sized grocery pad and space for numerous retail spaces that are way under utilized. With modest change a 24 pump fuel center could be placed on the lot as well. The 50th and Jefferson location is objectionable to us and many of our neighbors in Palmilla, with our entrance almost across the street from the proposed center. The center would negatively impact our quality of life us in the following ways: Much more traffic and congestion on 50th and at the Jefferson intersection. The Palmilla egress would be especially impacted and difficult. Late night fast food drive thrus and gas pump intercoms... noise pollution some of which would pollute for 24 hrs daily. High intensity lighting creates light pollution, the Ralph’s Center across the street has plenty of that already. A larger than needed fuel center would serve hundreds of vehicles daily and further impact traffic on our busy intersection. If it were placed further North on Jefferson that would be Mitgate some of the congestion and be a possible alternative site. Restaurant emissions of smoke and smell such as exists along Hwy 111 between Stater Bros and Wells Fargo is unacceptable in any residential setting such as ours. The commotion and traffic created by the addition of this center would no doubt drive our property values down and in fact lead to lower property tax revenue. We urge the city to say NO to this proposal in favor of a better center on the space across from City Hall on Calle Tampico. J Kent Bailey Dana S Bailey 50415 Via Serenidad LaQuinta Ca 92253 206 890 5386 Cell April 23, 2017 Kent Bailey 50415 Via Serenidad La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Bailey: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment G-1: The 50th and Jefferson location is objectionable to us and many of our neighbors in Palmilla, with our entrance almost across the street from the proposed center. The center would negatively impact our quality of life us in the following ways: Much more traffic and congestion on 50th and at the Jefferson intersection. The Palmilla egress would be especially impacted and difficult. Late night fast food drive thrus and gas pump intercoms... noise pollution some of which would pollute for 24 hrs daily. High intensity lighting creates light pollution, the Ralph’s Center across the street has plenty of that already. Response G-1: The Mitigated Negative Declaration addresses the impacts of traffic on the Avenue 50 and Jefferson intersection. The project includes a full movement access point at the easterly driveway on Avenue 50. Vehicles exiting the shopping center on Avenue 50 would be able to turn left out of this driveway in order to go in the eastbound direction. There would be minimal U-turns at the Palmilla entrance on Avenue 50. Additionally, implementation of Mitigation Measure TRAF-1 would reduce impacts to less than significant levels. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. The fuel center will be in operation from 7 a.m. to 10 p.m. A lighting plan has been designed to result in no light spillage onto surrounding properties. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta As President of Palmilla HOA, a 159-single home development with a main entrance guard gate off of 50th just 500 feet west of Jefferson, our main concerns center around the traffic issues involved with this development. 1. The primary issue concerns location and the stacking capacity of the gas pumps. The gas station has the same number of dispensers as Costco, which implies sales of over 15,000 gallons per day. That translates into roughly 1,000 vehicles per day. However, the stacking design is not as long as the one at Costco that creates a potential bottleneck and interferes with the ingress and egress, thus backing up onto 50th Question: Can you explain your methodology and assumptions for the stacking lanes, especially during peak traffic times? We contend that the movement of the gas station 200 ft north on Jefferson can easily mitigate this issue. 2. Also at issue are concerns regarding the ingress/egress to our community from our main traffic gate on 50th. The current gas station location will force drivers to exit onto west bound traffic onto 50th. We believe that 50% of the new west bound traffic will U-turn at the entry into Palmilla to travel back east or back to Jefferson. (Via Palmilla is our street name.) Question: What were your estimates of U-turn activity and how were they based? We disagree with the EIR assessment and feel that a “no U turn sign” on 50th at our main entrance would discourage this, encourage people to exit onto Jefferson and prevent problems with our access. 3. The EIR indicated that noise issues would be mitigated yet it didn’t address whether the fuel dispensers will have the small TV’s (audible devises) on top showing minute commercials. This noise travels differently than normal ambient noise. Our homeowners nearest to the gas pumps will be adversely impacted if this is the case. Question: Can we be assured that the gas pumps discussed will not have these screens? If they do, what measures will be taken to mitigate this issue? We feel strongly that this type of audible advertising is intrusive in residential adjacent areas and should not be allowed. 4. When our community was being built, Avenue 50 was a two-lane road. Yes, we knew it was going to be widened but the result is that homes adjacent to the street have lost value due to the noise level. Question: Is the city considering building a sound wall to or raising our community wall to mitigate the growing commercial and traffic noise issues. As the city grows and fills out, we feel that the pressure will increase from local residents to mitigate some of the impact. 5. The developer is anticipating up to 5 fast food restaurants and area residents are concerned about blowing trash. Question: What are the developer’s plans to mitigate this issue or will it reside with each fast food establishment? We would like some assurances that a plan is in place and responsibility assigned. 6. As we all know, there are many empty storefronts and restaurants in La Quinta. In addition to the 5 fast food restaurants, the plans call for two free standing bank branches (5,000 and 6,000 sq. feet) with drive-through windows. A report on NBC showed that big banks are still shuttering their locations. Citigroup closed 7 percent of North American branches year over year. And they are looking to take up less space. Technology is dramatically changing how they do business with the ability to do more transactions by computer and phone. We are concerned that this plan is overly ambitious and may wind up with empty commercial storefronts, obsolete bank buildings, and shuttered or less than desirable fast food alternatives. Question: How does the developer plan to roll out the build-out? In addition to the Pavilions market, gas station and convenience market, what other buildings will be built first? Will any other structures be built without a firm commitment from a store, restaurant or bank? What will the empty “pads” look like as we wait for the future commitments? We welcome the addition of the new. high quality grocery store. It will be an added benefit to those of us who live in the neighborhood. We just don’t want to live next to an empty shopping center or one that appears “failed” like others in the La Quinta community because they are overbuilt or not in demand (Sam’s Club, Ralph’s across from city hall, Jules, etc.) We are all proud to call La Quinta home and want it to reflect the appearance and values of our upscale community. April 23, 2017 Ken Hulbert, President Palmilla Homeowners Association ken.hulbert@daumcommercial.com SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Hulbert: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment H-1: The primary issue concerns location and the stacking capacity of the gas pumps. The gas station has the same number of dispensers as Costco, which implies sales of over 15,000 gallons per day. That translates into roughly 1,000 vehicles per day. However, the stacking design is not as long as the one at Costco that creates a potential bottleneck and interferes with the ingress and egress, thus backing up onto 50th Question: Can you explain your methodology and assumptions for the stacking lanes, especially during peak traffic times? We contend that the movement of the gas station 200 ft north on Jefferson can easily mitigate this issue. Response H-1: The proposed fuel center is not expected serve the needs beyond the immediate community and therefore will operate at significantly less volumes than the fuel center at Costco. As planned, there will be 12 pumping stations with the capacity for 12 additional cars in waiting, for a total of 24 car parked at any one time. Based on the proposed operator’s experience, the number of pumps and queue capacity are adequate to safely and conveniently handle expected volumes even at peak hours. Comment H-2: Also at issue are concerns regarding the ingress/egress to our community from our main traffic gate on 50th. The current gas station location will force drivers to exit onto west bound traffic onto 50th. We believe that 50% of the new west bound traffic will U-turn at the entry into Palmilla to travel back east or back to Jefferson. (Via Palmilla is our street name.) Question: What were your estimates of U-turn activity and how were they based? We disagree with the EIR assessment and feel that a “no U turn sign” on 50th at our main entrance would discourage this, encourage people to exit onto Jefferson and prevent problems with our access. Response H-2: The project includes a full movement access point at the easterly driveway on Avenue 50. Vehicles exiting the shopping center on Avenue 50 would be able to turn left out of this driveway in order to go in the eastbound direction. There would be minimal U-turns at the Palmilla entrance on Avenue 50. Comment H-3: The EIR indicated that noise issues would be mitigated yet it didn’t address whether the fuel dispensers will have the small TV’s (audible devises) on top showing minute commercials. This noise travels differently than normal ambient noise. Our homeowners nearest to the gas pumps will be adversely impacted if this is the case. Question: Can we be assured that the gas pumps discussed will not have these screens? If they do, what measures will be taken to mitigate this issue? We feel strongly that this type of audible advertising is intrusive in residential adjacent areas and should not be allowed. Response H-3: Audible advertising devises are to be restricted from the pump island. Comment H-4: When our community was being built, Avenue 50 was a two-lane road. Yes, we knew it was going to be widened but the result is that homes adjacent to the street have lost value due to the noise level. Question: Is the city considering building a sound wall to or raising our community wall to mitigate the growing commercial and traffic noise issues. As the city grows and fills out, we feel that the pressure will increase from local residents to mitigate some of the impact. Response H-4: Avenue 50 has been designated as a 4-lane divided roadway in the City’s General Plan and is currently mostly built to this designation. The project would build out the rest of the roadway per the General Plan designation. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. The noise study does not show the need for additional sound walls or raising the Palmilla community wall. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Comment H-5: The developer is anticipating up to 5 fast food restaurants and area residents are concerned about blowing trash. Question: What are the developer’s plans to mitigate this issue or will it reside with each fast food establishment? We would like some assurances that a plan is in place and responsibility assigned. Response H-5: The project proposes up to 3 drive throughs which would not necessarily all be fast food restaurants. With this submittal, the applicant has not proposed any fast food drive through restaurants. The applicant has indicated that housekeeping to maintain first class standards will be incorporated within the CC & R’s. Comment H-6: As we all know, there are many empty storefronts and restaurants in La Quinta. In addition to the 5 fast food restaurants, the plans call for two free standing bank branches (5,000 and 6,000 sq. feet) with drive-through windows. A report on NBC showed that big banks are still shuttering their locations. Citigroup closed 7 percent of North American branches year over year. And they are looking to take up less space. Technology is dramatically changing how they do business with the ability to do more transactions by computer and phone. We are concerned that this plan is overly ambitious and may wind up with empty commercial storefronts, obsolete bank buildings, and shuttered or less than desirable fast food alternatives. Question: How does the developer plan to roll out the build-out? In addition to the Pavilions market, gas station and convenience market, what other buildings will be built first? Will any other structures be built without a firm commitment from a store, restaurant or bank? What will the empty “pads” look like as we wait for the future commitments? Response H-6: In addition to the market, fuel center and convenience market, the initial build-out will include Shops 1 along the north end of the development. In addition, all the infrastructure for the development including all perimeter street improvements, sidewalks and landscaping will be completed with the initial development. Any building area not included with the initial build-out will be treated with a dust control agent and dressed out with decorative ground cover. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta LETTER I April 22, 2017 Cheryl L. Flores Senior Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta CA, 92253 RE: INITIAL STUDY (IS) FOR THE COMMERCIAL PROJECT TO BE LOCATED ON THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50. Dear Ms. Flores: Please see the following comments regarding the IS for the above noted project. A) General Comment: The prepared Initial Study is a biased document, since it was commissioned by the applicant and it is only considering the additional (approximate) 20,000 q.ft. that has been added to the project, since the approval of the original Specific Plan (SP) in 1999. Please note that the entire project and its cumulative impacts of building a full shopping center shall be consider, since the original SP was prepared in 1999, where there was no development within two (2) square mile of the project (please see the County of Riverside GIS maps from 1996 & 2011 or see attached). B) Traffic Comments: Based on the Initial Study the traffic study was done in June 2017, and the traffic study refers to the preparation date as March of 2017 (page 14 of traffic study). Collecting the traffic data in June is not accurate, sine it is outside of the season and collecting the traffic data in March is not either, since it is at the tail end of the season. The traffic study is based on the first site plan that delineates an exit on Derek Allen; however, the final site plan does not show this exit. Therefore, the traffic study needs to be updated to show where the cars that "originally" were supposed to exit Derek Allen would go, what is their impact on the other driveway approaches (to and from the site), and on the overall site's circulation. The drive thru for building number two (2) shall be redesign. The proposed design will not work. The turning radius is too sharp and the space is very limited; therefore, the cares need do a three-point turn and back up i.nto the main drive aisle in order to get to the drive thru. This will create a safety problem. Page 1 of 6 1-1 1-2 300 C) Lighting Comments: The site proposes 14, 40-foot light poles. 40' is the height of a three and half story 1-3 building. The proposed height is not acceptable for commercial centers that are abutting residential neighborhoods. D) Noise Comments: The noise study states that: "It is assuming that the development will not operate through the night" (page 3 of noise study). This assumption is wrong, since based on the Specific Plan the convenience store will operate from 5:00 am to 12:00 (until midnight). Therefore, the proposed mitigation measures will not mitigate the noise pollution, since the mitigation measures only may reduce the noise during day and not addressing the noise during night. The noise data was collected from 4:50 pm to 5:50 pm on May 30, 2017 (page 5 of Noise Study). The data (table 2, page 9 of Noise Study) indicates that the noise level exceeds 50 db. (please note 50 db. is the acceptable noise level for sensitive land uses such as residential uses). Even with applying the mitigated measures, the noise level will exceed acceptable noise level (50 db.) for sensitive uses such as residential uses. All above noted issues will impact on the health and the quality of life of the people living adjacent to the proposed Center. Therefore, I respectfully request the City to response to my comments and perhaps update the above noted studies to reflect the actual situation. Should you have any questions please feel free to contact me. Sincerely, Leila arnvar 49590 Ali Ct La Quinta CA, 92253 leilanamvar@yahoo.com Cc: Linda Evans, Mayor of La Quinta Kathleen Fitzpatrick, Mayor Pro Tem John Pena, Council Member Robber Radi, Council Member Steve Sanchez, Council Member Page 2 of 6 Irll 301 Paul Quill, Planning Commission Chair Kevin McCune, Planning Commission Vice Chair Michael Proctor, Planning Commissioner Loretta Currie, Planning Commissioner Michael Proctor, Planning Commissioner Mary Caldwell, Planning Commissioner Robert "Bob" Wright, Planning Commissioner Frank J. Spevacek, City Manager Gabriel Perez, Planning Manager Page 3 of 6 302 April 23, 2017 Leila Namvar 49590 Ali Ct La Quinta, CA 92253 leilanamvar@yahoo.com SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Leila: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment I-1: The prepared Initial Study is a biased document, since it was commissioned by the applicant and it is only considering the additional (approximate) 20,000 q.ft. that has been added to the project, since the approval of the original Specific Plan (SP) in 1999. Please note that the entire project and its cumulative impacts of building a full shopping center shall be consider, since the original SP was prepared in 1999, where there was no development within two (2) square mile of the project (please see the County of Riverside GIS maps from 1996 & 2011 or see attached). Response I-1: The Lead Agency determined that it was appropriate to consider the additional square footage added to the project as allowed by CEQA Section 15162 regarding subsequent environmental analysis. Since the project has already been approved previously and no substantial changes to the project were proposed, the analysis of the additional square footage was appropriate. Cumulative impacts were based on the analysis of the City’s 2035 General Plan since the project site is zoned and general planned for commercial use; therefore, the project would have been considered in the General Plan EIR. Comment I-2: Based on the Initial Study the traffic study was done in June 2017, and the traffic study refers to the preparation date as March of 2017 (page 14 of traffic study). Collecting the traffic data in June is not accurate, sine it is outside of the season and collecting the traffic data in March is not either, since it is at the tail end of the season. The traffic study is based on the first site plan that delineates an exit on Derek Allen; however, the final site plan does not show this exit. Therefore, the traffic study needs to be updated to show where the cars that "originally" were supposed to exit Derek Allen would go, what is their impact on the other driveway approaches (to and from the site), and on the overall site's circulation. The drive thru for building number two (2) shall be redesign. The proposed design will not work. The turning radius is too sharp and the space is very limited; therefore, the cares need do a three-point turn and back up into the main drive aisle in order to get to the drive thru. This will create a safety problem. Response I-2: The Mitigated Negative Declaration discussed the impacts of the closure of the Derek Alan Drive driveway. The closure has little to no impact on-site circulation or on- street circulation/access. A limited number of residents living in the surrounding residential neighborhood would be impacted by the closure since they would have to drive on arterial streets (Jefferson St. and Avenue 50) to access the project rather than being able to access the project directly from Derek Alan Drive. Regarding on-street circulation, it is unlikely that northbound Jefferson Street motorists destined to the Shopping Center would drive past the left-turn access driveway on Jefferson Street to turn on to Derek Alan Drive only to have to make another left-turn into the site. Likewise, it is unlikely that southbound Jefferson Street traffic would turn right in large numbers on to Derek Alan Drive in order to make a sharp left-turn to enter the far corner of the Shopping Center when they can just continue straight on Jefferson and make a right-turn at one of the other project driveways closest to their destination within the Center. The applicant will be conditioned to redesign the entry to the drive thru at Building 2. The plan does meet the minimum driveway width required of 12 ft. Comment I-3: The site proposes 14, 40-foot light poles. 40' is the height of a three and half story building. The proposed height is not acceptable for commercial centers that are abutting residential neighborhoods. Response I-3: The site is zoned for Community Commercial use which allows a maximum building height of 40 ft. The parking lot design standards in Municipal Code Section 9.150.100 state that light poles in the parking areas are allowed to be the same height as allowed in the underlying zone or 18 ft., whichever is greater. The light poles would be allowed to be 40 ft. per this section of the code. Additionally, the lighting plan for the project shows that there would be no light spillage onto surrounding properties. Comment I-4: The noise study states that: "It is assuming that the development will not operate through the night" (page 3 of noise study). This assumption is wrong, since based on the Specific Plan the convenience store will operate from 5:00 am to 12:00 (until midnight). Therefore, the proposed mitigation measures will not mitigate the noise pollution, since the mitigation measures only may reduce the noise during day and not addressing the noise during night. The noise data was collected from 4:50 pm to 5:50 pm on May 30, 2017 (page 5 of Noise Study). The data (table 2, page 9 of Noise Study) indicates that the noise level exceeds 50 db. (please note 50 db. is the acceptable noise level for sensitive land uses such as residential uses). Even with applying the mitigated measures, the noise level will exceed acceptable noise level (50 db.) for sensitive uses such as residential uses. Response I-4: The City’s Noise Ordinance shows that normal acceptable levels in residential areas are up to 60 dB. Noise limits are 65 dBA from 7 am to 10 pm. The hours of operation for the fuel center would be 7 a.m. to 10 p.m. The projected noise levels from the shopping center would not exceed the normal acceptable levels of 60 dBA or the noise limits in the City’s ordinance of 65 dBA. Additionally, the Mitigated Negative Declaration incorporated mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta April 23, 2018 La Quinta City Council and Planning Commission La Quinta City Hall, 78495 Calle Tampico, La Quinta, California Ladies and Gentlemen, Thank you for the opportunity to provide feedback on the proposed Pavilion Palms development located at the Northwest corner of Avenue 50 and Jefferson. As it is currently designed, the development will adversely affect the neighboring communities of Palmilla, Renaissance, Mountain View, Citrus, and Estancia. The plan should undergo close scrutiny and extensive modification to minimize noise, light and air pollution, as well as traffic and telecommunications overload. At a minimum, the fuel center/mini mart and five drive through buildings should be eliminated from the plans for several reasons. Noise/light pollution/air quality •Light pollution from the 24 hour operation of a fuel center. •Noise levels from intercoms and drive through service windows. •Off hour and frequent deliveries to a large Pavilions market and restaurants will cause continuous disturbances for the adjacent residences. •Emissions from fast food restaurants and cars idling at drive through service windows will diminish the air quality. Traffic/telecommunication overload •Ave 50 and Jefferson intersection is already heavily traveled and the addition of 300+ cars will create an unsafe traffic egress due to the poorly planned location of the fuel center •There is no transit stop nearby and vehicular traffic will intensify. •Both Avenue 50 and Jefferson are main access routes during festival season and events with high traffic congestion. •Existing telecommunication service in this part of La Quinta is already suboptimal and more development will add to an existing problem. A "LA-Style" strip mall of this magnitude at this location diminishes property values and does not truly fit the small town La Quinta lifestyle. A development with a "village vibe" and farmers market style amenities would better suit the needs and aesthetics of the community. With so much vacant commercial space within the city of La Quinta, we request that the Planning Commission significantly downsize this proposed development and keep large scale commercial developments within the Highway 111/Washington Street corridors. Thank you for your consideration. rec Robert L g 50460 Via Amante La Quinta, CA. 92253 April 23, 2017 Robert and Marilyn Lang 50460 Via Amante La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. and Ms. Lang: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment J-1: Noise/light pollution/air quality • Light pollution from the 24 hour operation of a fuel center. • Noise levels from intercoms and drive through service windows. • Off hour and frequent deliveries to a large Pavilions market and restaurants will cause continuous disturbances for the adjacent residences. • Emissions from fast food restaurants and cars idling at drive through service windows will diminish the air quality. Response J-1: Impacts from noise, light pollution and air quality were considered in the project’s Mitigated Negative Declaration. The fuel center operating hours will be limited to the hours of 7 a.m. to 10 p.m. Additionally, the project’s lighting plan shows that there would be no light spillage onto surrounding properties. Mitigation measures will be implemented during project construction and operations to reduce impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Comment J-2: Traffic/telecommunication overload • Ave 50 and Jefferson intersection is already heavily traveled and the addition of 300+ cars will create an unsafe traffic egress due to the poorly planned location of the fuel center • There is no transit stop nearby and vehicular traffic will intensify. • Both Avenue 50 and Jefferson are main access routes during festival season and events with high traffic congestion. • Existing telecommunication service in this part of La Quinta is already suboptimal and more development will add to an existing problem. Response J-2: The proposed project has been planned for in the City’s General Plan and was factored into the growth projections of the General Plan. The Mitigated Negative Declaration evaluated traffic impacts and incorporated Mitigation Measure TRAF-1 to reduce traffic impacts. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Additionally, the City continuously coordinates with Sunline Transit Agency to identify opportunities for transit stop locations. At this time, no transit stops are needed, however, that may change in the future. Telecommunication services are continuously being updated as available. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta April 20, 2018 La Quinta – Renaissance Cheri L. Flores clflores@la-quinta.org Senior Planner City of La Quinta Planning Department 78495 Calle Tampico La Quinta, CA 92253 Dear Ms. Flores, As a resident of Renaissance at La Quinta, please accept my respectful opposition of the proposed Pavilion Palms Development on the corner of Jefferson and Ave 50th. Although I appreciate the right of the builder to develop his commercially zoned property, I strongly oppose to the type of use and the potential negative impact on those neighborhoods surrounding the project as well as the City of La Quinta as a whole. The City of La Quinta’s General Plan 2035, among other things, aims to reduce air pollution and greenhouse gasses, to provide high quality community design, to promote efficient use of car, to advocate for expansion of other non-motorized means of transportation, to encourage transportation options that do not rely as much on the automobile, and to improve the health of residences by promoting healthy living practices. The proposed commercial project is upsettingly auto oriented. It is more suitable for the I-10 corridor or Highway 111, not a neighborhood community. The project (among other retail uses) is proposing 2 drive-thru fast food facilities, a late night gas station and mini mart selling alcoholic beverages similar to that proposed on the corner of Washington and avenue 50 a few years back, which was not approved. I do not believe you will find any type of similar development with a gas station, mini mart and fast food drive-thru restaurants off of the Hwy 111 corridor in La Quinta. I don’t believe this location should be the first for our beautiful City or neighbors. Concerns from our neighbors as it relates to noise, increased traffic and its impact on air quality; lighting from a late night gas station, minimart and fast food restaurants; possible increase in crime and an impacted view of the Santa Rosa Mountains are just a few reasons this project should be removed from consideration. Also, as we understand from our April 11th meeting which the developer himself attended, the proposed project does not meet the approved requirements in regards to square footage and density. As a result, an amendment to the approved additional environmental review is needed. Please note the developer has a shopping center within the City of Indio (Showcase at Indio Shopping Center). That center is not being maintained properly. The center is full of trash and debris, with vacant dirt pads that are partially covered with weeds. The trash enclosures are dirty and full of trash. The buildings’ paint is faded and 30% of the parking lot trees are either missing or dead. There are shops with boarded and broken windows. It should also be noted that the Center has not been completed since its approval on 2006 and there are still several empty pads including an empty anchor, Super Target, which closed over a year ago. During our meeting with the Developer on Wednesday April 11th, he stated that he only has the Pavilions committed and once again we could end up with the same scenario as indicated above. Less than half occupied and dying landscape. We already have this at the closed Sam’s club location. An empty warehouse, closed gas station and dying landscape. I would like to add that approving this project, the way it has been proposed, will be a huge missed opportunity for the City of La Quinta and the community as whole. The Applicant does not live in our City or even in the Valley. The Applicant owns a great piece of commercial real estate in La Quinta and plans to build it for financial gain “ONLY”, without paying attention to the City’s General Plan and/or basic elements of urban planning. I find this project to be a public health and safety risk for the citizens and visitors of the great City of La Quinta. I do encourage you to review this proposal thoroughly and reject it to be re-designed and to conform to the City’s General Plan. Should you have any questions please feel free to contact me directly. Respectfully, Steven Cenicola 79963 Julee court La Quinta, CA. 92253 scenicola@thevintageclub.com Cc: Linda Evans, Mayor of La Quinta Kathleen Fitzpatrick, Mayor Pro Tem Avail Property Management April 23, 2017 Steve Cenicola 79963 Julee Court La Quinta, CA 92253 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Mr. Cenicola: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment K-1: Concerns from our neighbors as it relates to noise, increased traffic and its impact on air quality; lighting from a late night gas station, minimart and fast food restaurants; possible increase in crime and an impacted view of the Santa Rosa Mountains are just a few reasons this project should be removed from consideration. Response K-1: The Mitigated Negative Declaration evaluated impacts regarding noise, traffic, air quality and lighting. Regarding noise, hours of operation in the center would be limited to 7 a.m. to 10 p.m. A noise study was prepared for the project that evaluated the project’s noise impact on the area and was included in the Mitigated Negative Declaration. The existing ambient noise in the area which is generated from traffic along Jefferson Street and Avenue 50 is approximately 65 decibels. The noise study shows that the project would not generate noise levels in excess of this. Additionally, the Mitigated Negative Declaration included mitigation measures to reduce noise impacts to less than significant levels. Mitigation Measures: NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier close to the device; • Reduce the number of audible devices, such as one device to serve two drive throughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise-producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to between 7:00 a.m. to 10:00 p.m. Regarding traffic and air quality, Mitigation Measures will be implemented to reduce impacts to less than significant levels. Mitigation Measure TRAF-1: Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. Mitigation Measures: Fairway Plaza Amendment 1 - Resolution 2002-006: • All construction equipment shall be maintained in good operating condition, and shall be properly serviced and repaired as needed. ꞏ • Prior to the issuance of the first grading permit, the project proponent shall demonstrate, or cause to be demonstrated to the Community Development Department that all construction equipment to be utilized shall be low emission, or how the use of low emission construction equipment is infeasible. • Low VOC paints, primers and coatings shall be required for all buildings on the project site. All paints shall be applied using either a high volume/low pressure spray or by hand. • The proposed project shall provide a bus turnout, shelter and associated improvements on Jefferson Street and on Avenue 50, unless Sunline Transit provides written confirmation-that no such turnout(s) or shelters are needed. • As required by the Municipal Code, the businesses operating within the proposed project shall conform to the Transportation Demand Management requirements in place at the time they begin operation. • Deliveries to the project site shall occur during off-peak periods. Mitigation Measures: AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. (added per request by South Coast Air Quality Management District) AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. (added per request by South Coast Air Quality Management District) Additionally, a lighting plan has been designed to result in no light spillage onto surrounding properties. Comment K-2: Also, as we understand from our April 11th meeting which the developer himself attended, the proposed project does not meet the approved requirements in regards to square footage and density. As a result, an amendment to the approved additional environmental review is needed. Response K-2: The applicant has prepared a Specific Plan Amendment and updated Mitigated Negative Declaration for the proposed project which addresses the increase in square footage. The Mitigated Negative Declaration was circulated for public review March 23, 2108 through April 23, 2018. Additionally, the maximum Floor Area Ratio (FAR) allowed under the Community Commercial Zone is 0.30, which would allow up to approximately 162,000 square feet. The project proposes approximately 122,000 square feet, which results in a FAR of 0.22. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta Sunl1ne TRANSIT AGENCY A Public Agency April 20, 2018 Cheri Flores, Senior Planner City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Pavilion Palms Dear Ms. Cheri Flores: MEMBERS: Desert Ho t Springs Palm Springs Ca thedral City Rancho Mirage Palm Desert Indian Wells La Quinta Indio Coachella Riverside County This letter responds to your request for comments regarding the proposed Pavilion Palms located on the northwest corner of Jefferson Street and Avenue 50 within the La Quinta. The SunLine Transit Agency (SunLine) staff has reviewed the project and offers the following comments. SunLine staffs assessment conclu des the proposed project will have no impact on transit services. Please keep staff informed of any approvals and/or future changes to the proposed project so we can keep all existing bus stops and services routes current. Additionally, if there is a need for transit service and/or transit amenities in the future, SunLine staff will coordinate it with the City of La Quinta. Should you have questions or concerns regarding this letter, please contact me at 760-343- 3456, ext. 1603. Transit Communications Service Specialist cc: Lauren Skiver, General Manager Stephanie Suriel, Deputy Chief of Administration 32-505 Harry Olive r Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-1986 www.sunline.org April 23, 2017 Anita Petke, Transit Communications Service Specialist 32-505 Harry Oliver Trail Thousand Palms, CA 92276 SUBJECT: RESPONSE TO COMMENTS ON EA 2017-0006 PAVILION PALMS SHOPPING CENTER MITIGATED NEGATIVE DECLARATION Dear Anita: Thank you for your comments on the Mitigated Negative Declaration for the proposed Pavilion Palms Shopping Center. The comment letter has been marked and is attached. Responses are as follows: Comment L-1: SunLine staff’s assessment concludes the proposed project will have no impact on transit services. Please keep staff informed of any approvals and/or future changes to the proposed project so we can keep all existing bus stops and services routes current. Additionally, if there is a need for transit service and/or transit amenities in the future, SunLine staff will coordinate it with the City of La Quinta. Response L-1: Thank you for your comments. The City will continue to work with Sunline on transit service coordination. Thank you for your participation in the public review process. Cheri L. Flores, Senior Planner City of La Quinta City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND Revisions in Response to Comments Received Revisions have been made to the text of the Draft MND for clarification and in response to comments received during the public review period from South Coast Air Quality Management District regarding air quality mitigation measures and in response to revisions in the traffic study. The added air quality mitigation measures reflect typical practices that have been updated since the previous MND was certified in 1999. Following the public comment period for the Draft MND, various Planning Commission and City Council hearings were held between 2018 and 2020 regarding the Project, but the City did not adopt the Draft MND at the time in an effort to continue to work with the developer on aesthetic and other aspects of the Project. In reviewing the November 2020 revisions to the Specific Plan, it was determined that the Project was largely the same as assessed in the March 2018 Initial Study and the revisions proposed are refinements to enhance the Project in accordance with input from the community and City leaders. Because there were no new environmental impacts as a result of the Project revisions, it was unnecessary to re-circulate the Initial Study for public review and comment. The addition of this text does not constitute a substantial revision per Section 15073.5 (c)(1) of the CEQA Guidelines. All revisions to the Draft MND are done with new text being underlined, and deleted text stricken through. Text to be revised in Section 1 Introduction, page 1: The Rancho Cielo Specific Plan (SP 1998-034) was approved in May 1999, for a 111,000 sq. ft. shopping center on 12.5 acres at the northwest corner of Jefferson Street and Avenue 50. A GPA, ZC, and TPM (TPM 29052) were also approved. In May 1999, the City of La Quinta approved Specific Plan Amendment No. 1, renamed the Fairway Plaza Shopping Center Specific Plan, of for Land Use and associated parcel map to allow for the development of 100,460 square feet of a supermarket-anchored shopping center with adjacent retail pads on 12.5 acres at the northwest corner of Jefferson Street and 50th Avenue. The parcel is designated and zoned for Community Commercial (CC) use. The Specific Plan adoption included adoption of a Mitigated Negative Declaration. In 2002, an amendment to the Specific Plan was also adopted. To date, that the project has not been constructed. Currently In May 2018, the Lundin Development is requesting requested the City to authorize Amendment No. 2 to the Fairway Plaza Specific Plan to change the name of the approved Specific Plan to “Pavilion Palms” and construct a total of up to 125,800 square feet of a supermarket-anchored shopping center and adjacent retail pads on the 12.5-acre site at the corner of Jefferson Street and 50th Avenue, within the same area of the previously-approved Fairway Plaza Specific Plan, and its subsequent amendment. Amendment No. 2 would add up to 25,340 square feet of retail and ancillary uses. Proposed uses within the commercial center development are similar to the previously approved plan, and include banks, restaurants, gasoline service station, and grocery store (Figure 2). Text to be added to Section 1 Introduction, pages 2-3: The City of La Quinta circulated the “Initial Study/Mitigated Negative Declaration for the Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center, La Quinta, CA” for a public comment period beginning March 23, 2018 and April 23, 2018. The Initial Study concluded that there were no significant impacts where mitigation measures could not be adopted to reduce potential impacts to less City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND than significant. The Initial Study concluded that the City could adopt a Mitigated Negative Declaration. Following the public comment period for the Initial Study, various Planning Commission and City Council hearings were held between 2018 and 2020 regarding the Project, but the City did not adopt a Mitigated Negative Declaration at the time in an effort to continue to work with the developer on aesthetic and other aspects of the Project. The applicant was asked to revise the Specific Plan to include the following: • Revise the site plan to provide better pedestrian circulation; • Make the gathering spaces a more cohesive part of the plan; • Incorporate improved shade features; • Consider reducing the amount of parking for the center, in favor of more neighborhood design features; • Move the fuel center further to the north along Jefferson Street to create a more iconic corner at Avenue 50 and Jefferson Street; • Explore not having a left out at the eastern driveway on Avenue 50; • Consider what incorporating mixed uses could do for the center; • Show more detail of the corner plaza; • Revise corner building footprints to have better usable indoor space; and • Show renderings of plaza from outside the center. An additional traffic study was conducted at the request of the City. The results are included in Appendix F and Section XVI. The results of the study revealed no additional impacts. In reviewing the November 2020 revisions to the Specific Plan, it was determined that the Project was largely the same as assessed in the March 2018 Initial Study and the revisions proposed are refinements to enhance the Project in accordance with input from the community and City leaders. Because there were no new environmental impacts as a result of the Project revisions, it was unnecessary to re-circulate the Initial Study for public review and comment. The November 2020 revision to the Initial Study reflects the Project revisions/refinements and the results of the assessment of the revisions/refinements. Text to be revised in Section 3, Detailed Project Description, pages 5-6: Lundin Development, a private entity, is requesting authorization from the City of La Quinta to amend the previously approved Fairway Specific Plan by changing the name to “Pavilion Palms,” and constructing a total of maximum 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Amendment No. 2 would add up to 25,340 square feet of retail and ancillary uses to the 100,460 square feet previously approved. The site zoning is Community Commercial, which allows for a 0.30 Maximum Floor Area Ratio ([FAR] gross floor area of all buildings divided by the building site area). The amended Project, with up to 125,800 square feet represents approximately 0.22 0.23 FAR, below the maximum allowed under the City’s General Plan. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND The Project site consists of five parcels that total approximately 12 acres. The proposed Project will be anchored by Pavilions grocery store and includes restaurants, banks, and retail units, as well as a fuel center/convenience market. In total, the proposed development would provide approximately up to 125,800 square feet (sf) of gross floor area, which is detailed by building and proposed use in Table 1. The Project proposes to split the parcels to a total of 13 to facilitate overall site management. The project is anticipated to be constructed and opened to the public in approximately two years. For this analysis, the project opening day is assumed to be in the year 2020 2021. Access to the Project is proposed via five driveways (labeled A-E in Figure 3): two to the south on Avenue 50 and, two to the east on Jefferson Street. , and one to the north on Derek Alan Drive. (Table 1 Note: This table was used in the March/April 2018 Initial Study to illustrate the various uses. Project revisions have decreased the overall square footage by approximately 810 square feet. Because the November 2020 proposal represents a slight reduction in square footage, it is not necessary to revise this table). Text to be revised in Section 4, Environmental Checklist form, #8 Project Description Summary, page 10: Lundin Development, a private entity, is requesting authorization from the City of La Quinta to amend the previously approved Fairway Plaza Specific Plan by changing the name to “Pavilion Palms,” and constructing a total of maximum 125,800 square-foot mixed-use commercial center development project on the 12-acre vacant parcel at the intersection of Jefferson Street and Avenue 50 in the City of La Quinta. Amendment No. 2 would add up to 25,340 square feet of retail and ancillary uses to the 100,460 square feet previously approved. Text to be revised in Section 4-III Air Quality, Environmental Setting, page 21 Lundin Development is proposing a maximum 125,800 square-foot mixed-use commercial center project on approximately 12 acres. In May 1999, the City of La Quinta approved a 100,460 square-foot mixed-use commercial center Specific Plan for the 12-acre Project Site. The approval of the Specific Plan included adoption of a Mitigated Negative Declaration (MND). The City also adopted a Statement of Overriding Considerations for significant and unavoidable air quality impacts identified in the updated General Plan EIR on February 19, 2013. Therefore, the This air quality analysis herein is based on the net increase of approximately 25,340 square-feet of new uses not previously reviewed or approved in the 1999 Specific Plan and subsequent 2012 Updated General Plan. Text to be added to Section 4-III Air Quality, Mitigation Measures, page 27 and to Section 5, Summary of Mitigation Measures, page 83: AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. Text to be added to Section 4-XVI Transportation/Traffic, page 71-72: An updated traffic study was completed in July 2019 per the request of the City to study additional intersections (Appendix E). The 2017 Traffic Study studied the intersection of Jefferson Street and Avenue 50. The 2019 Traffic Study analyzed the following intersections: • Jefferson Street at Avenue 48 • Jefferson Street at Avenue 49 • Avenue 50 at Park Avenue • Jefferson Street at Avenue 50 • Avenue 50 at Madison Street • Jefferson Street at Pomelo • Jefferson Street at Avenue 52 • Jefferson Street at N project driveway • Avenue 50 at E project driveway To analyze the “existing conditions + project traffic” scenario, the expected project trips were added to the existing traffic volumes at the study intersections according to the anticipated project trip distribution, while the pass-by project trips are added back into the traffic volumes only at the project driveways. Additional traffic from a planned expansion of the existing Citrus Plaza, located across Jefferson Street from the proposed Project site, was also added to the opening day traffic volumes, based on project details obtained from the applicant developer and City of Indio staff, to ensure cumulative traffic impacts were analyzed. The 2019 Traffic study identified that all of the Project intersections operate at a similar level of service, with the Project or without the Project, and including ambient growth and growth from the neighboring Citrus Plaza. Text to be revised in Section 4-XVI Transportation/Traffic, page 73: The July 2017 traffic study indicated that without the project, the intersection of Jefferson Street and Avenue 50 will operate at LOS D, assuming a 2 percent ambient growth rate in the area (Albert Grover and Associates, July 27, 2017, Appendix E, Table 3). Assuming the ambient area growth, plus the new expected project trips, as well as the additional westbound through lane capacity, and implementation of Mitigation Measure TRAF-1 and project improvements listed above, the intersection of Jefferson Street and Avenue 50 is expected to operate at its current LOS D, which is an acceptable level of service per the General Plan and EB 06-13., and the proposed full-access driveway on Avenue 50 will operate at LOS A at opening day conditions. However, some delays are expected for vehicles entering traffic on City of La Quinta Fairway Plaza Specific Plan Amendment No. 2 “Pavilion Palms” Shopping Center EA2017-0006 Final MND Jefferson Street and Avenue 50 from the project driveways, which are expected to operate at LOS E during the PM peak hour. Per EB 06-13, however, this is considered acceptable traffic operations conditions for a stop control at a driveway location. Therefore, the impact of this criterion is anticipated to be less than significant with mitigation. The results of the 2019 Traffic Study identified that all the additional intersections studied with the Project, without the Project, and with the ambient growth of the area, including the Citrus Plaza development, will continue to operate LOS D during AM and PM peak hours, which is the same operating condition without the Project. The impact of this criterion is anticipated to be less than significant with the incorporation of Mitigation Measure TRAF-1 as previously identified. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS AESTHETICS AES-1 Provide shielding for the dual head pole in the southwest corner as per the lighting design engineering recommendations. AIR QUALITY AIR-1: Contractor is to implement at a minimum a 10-day painting schedule. AIR-2: AIR-2: To the extent feasible, project applicant shall use paints and coatings with a VOC content lower than SCAQMD Rule 1113 requires or more stringent standards if in place at the time development occurs. AIR-3: In accordance with California Air Resources Board’s idling policy guidelines, no delivery vehicles may idle for more than five consecutive minutes. BIOLOGICAL RESOURCES BIO - 1: Any grubbing, brushing or tree removal should be conducted outside of the State identified nesting season for migratory birds, which is typically March 15 through September 1. BIO – 1 (continued): If work cannot be conducted outside of nesting season, a migratory nesting bird survey within and adjacent to the project site shall be conducted by a qualified biologist within three (3) days prior to initiating the construction activities. If active nests are found during the pre-construction nesting bird surveys, a Nesting Bird Plan (NBP) will be prepared and implemented. At a minimum, the NBP will include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The NBP will include a copy of maps showing the location of all nests and an appropriate buffer zone around each nest sufficient to protect the nest from direct and indirect impact. The size and location of all buffer zones, if required, shall be determined by the biologist, and shall be based on the nesting species, its sensitivity to disturbance, and expected types of disturbance. The nests and MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS BIO – 1 (continued): buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist has determined the young birds have successfully fledged and a monitoring report has been submitted reviewed and approved by the City of La Quinta MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS CULTURAL RESOURCES CUL-1: Grading activities shall be overseen by a qualified archeological monitor. In the event unanticipated archaeological resources are discovered: • The archaeological monitor shall notify the project foreman • The Archaeological monitor has the authority to temporarily halt work in the area of archaeological discoveries until the resource has been evaluated • All work in the vicinity of the find shall halt • Work in the area of the discovery shall not resume until written notification is received from the Project archaeologist MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS CUL-2: Grading activities shall be overseen by a qualified paleontological monitor. Paleontological monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors will be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring will be reduced if the potentially fossiliferous units as described by the San Bernardino County Museum, Division of Earth Sciences May 2, 2017 report are not present, or if present are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. CUL-3: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS CUL-3 (continued): pursuant to Public Resources Code Section 5097.98. The local authorities must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. GEOLOGY AND SOILS GEO-1 Prior to grading plan approval, submit for review and approval by the City Engineer, a PMl0 management plan. GEO-2 For portions of the site not immediately under construction, ensure the stabilization of soils through the use of soil cement or re-vegetation, frequent watering. including watering during the evening and weekends during significant wind events; street sweeping or washing during construction, and the chemical stabilization of unpaved construction roadways. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS HAZARDS AND HAZARDOUS MATERIALS HAZ – 1 A hazardous spill prevention plan shall be prepared by the Applicant and submitted to the City for approval to minimize the likelihood of a spill shall be prepared prior to construction. The plan shall state the actions that would be required if a spill occurs to prevent contamination of surface waters and provide for cleanup of the spill. The plan shall follow Federal, state, and local safety guidelines and standards to avoid increased exposure to these pollutants. HAZ – 2 If a contaminated area is encountered during construction, construction shall cease in the vicinity of the contaminated area. The construction contractor shall notify all appropriate authorities, including the EPA and the City. If necessary, the contaminated site shall be remediated to minimize the potential for exposure of the public and to allow the Project to be safety constructed. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS HYDROLOGY AND WATER QUALITY HYD-1 Prior to Project approval, the Project Applicant shall prepare a Water Quality Management Plan that shall, at minimum, include the following: • Identifies all project related pollutants, impacts to the site’s hydrologic condition, and potential impacts to local waterways caused by Project post-construction runoff; • Identifies BMPs required to remove pollutants from the Projects’ post construction runoff and prevent downstream hydromodification; • Identifies parties responsible for long term operation and maintenance activities of all BMPs; • Identifies the design, operation and maintenance of the underground stormwater collection system. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOISE NOI-1 It is recommended that the Pavilions delivery dock is enclosed with walls and a roof, and that an acoustically absorptive material is used to partially line the internal walls to control noise build up. This will limit potential disturbance from unloading. NOI-2 Vehicle loading and unloading for all retail units should be carried out in a quiet manner. NOI-3 It is recommended that HVAC equipment on roofs is screened by a noise barrier from the residences. This barrier should at a minimum, provide line of sight screening. NOI-4 It is recommended that noisy HVAC equipment at grade is enclosed with CMU walls at least 2 feet higher than the equipment. NOI-5 It is recommended that noise from HVAC equipment is limited to 60 dB(A) at the site boundary. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOI-6 Reduce the noise from the audible devices for the drive-through eating establishments using any and/or all methods as follows: • Position devices away from the site boundary to the south. • Provide additional screening such as positioning of the retail buildings or a noise barrier as close to the device; • Reduce the number of audible devices, such as one device to serve two drivethroughs; • Orient the device perpendicular to the vehicle and at ear height, with the device aimed at the listener in the vehicle; • The sound from the devices should be limited to a maximum of 75 dB(A) at 3 feet; • There shall be no annunciator tones, whistles, beeps or other characteristic sounds. NOI-7 Lay out the site working to keep noise- producing activities as far as possible from residences, minimize the use of backup alarms, and minimize truck activity and truck queuing near the residential areas. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS NOI-8 Perform construction in a manner to minimize noise where practicable. For example: • Where practicable, use hydraulic rather than pneumatic impact tools • Operate equipment to minimize banging, clattering, buzzing, and other annoying types of noises • Turn off idling equipment and vehicles • All internal combustion equipment shall be fitted with properly operating mufflers and air intake silencers • All stationary equipment shall be located as far as practical from adjacent potential residential units • Phase in start-up and shut-down of site equipment • Conduct truck loading, unloading and hauling operations to keep noise to a minimum • Limit the time that steel decking or plates for street decking or covering excavated areas are in use • Limit the use of annunciators or public address systems, except for emergency notifications • All on-site deliveries shall be limited to 7.00 a.m. To 10.00 p.m. MITIGATION MEASURE RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY STATUS / DATE / INITIALS TRAFFIC TRAF-1 Prior to recordation of the Final Tentative Parcel Map, the Applicant shall enter into an agreement with the City of La Quinta and post security to design and construct at the intersection of Avenue 50 and Jefferson Street two eastbound left turn lanes on Avenue 50 to northbound Jefferson Street if required by the Planning Commission. TRIBAL AND CULTURAL RESOURCES TRC-1 Native American Monitor(s) from the Twenty-Nine Palms Band of Mission Indians or Agua Caliente Band of Cahuilla Indians should be present during the initial grading/ground disturbing activities.