17-1017_LSA ASSOCIATES INC_E13_Agenda Report10/17/2017
City of San Juan Capistrano
Agenda Report
TO : Honorable Mayor and Members of the City Council
FROM : $en Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Directo ~
PREPARED BY: Art Bashmakian, Contract Planner
DATE:
SUBJECT:
October 17, 2017
Consideration of a Professional Services Agreement with LSA
Associates, Inc. for the Preparation of an Initial Study (IS) and
Subsequent Environmental Documents for a Proposed General
Plan Amendment/Specific Plan for ''The Farm" Residential
Development Project. (Property Owner: Vermeulen Ranch LLC,
Applicant: Spieker Senior Development)
RECOMMENDATION:
Approve and authorize the City Manager to execute a Professional Services Agreement
with LSA for the preparation of an Initial Study (IS) and subsequent environmental
documents, as necessary, pursuant to the California Environmental Quality Act (CEQA),
at a cost not-to-exceed $228,260 to be funded by the applicant.
EXECUTIVE SUMMARY:
City staff has solicited and received proposals from environmental consulting firms for
the preparation of an Initial Study (IS) for a proposed General Plan Amendment/Specific
Plan that would allow a 34-acre vacant commercial nursery property with a General
Plan designation of Agri-Business to be developed with up to 180 residential units. The
34-acre project site is part of the larger 43-acre Vermeulen Ranch property, located
generally between Del Obispo Street and Alipaz Street, which includes an existing 9-
acre retail center anchored by an Armstrong Nursery. Staff is recommending that the
City Council approve a Professional Services Agreement with LSA Associates to
prepare the Initial Study and subsequent CEQA documentation (Attachment 1 ).
DISCUSSION/ANALYSIS:
On October 21, 2014, the City Council approved applications and certified an
E13
City Council Agenda Report
October 17, 2017
Page 2 of 4
Environmental Impact Report (EIR) for a development project known as "Spieker
Continuing Care Retirement Community," which proposed 407 independent living units
and a 1 01-unit health care center for residents needing daily assistance. As part of the
City Council's action, a General Plan Amendment was approved changing the land use
designation of the project site from Agri-Business to Specific Plan/Precise Plan . On
December 16, 2014, in reaction to a referendum petition, the City Council repealed the
previously approved General Plan Amendment. As a result, the General Plan land use
designation of the property reverted back to Agri-Business.
On September 20, 2016 , the City Council initiated a study of a potential General Plan
Amendment that would allow a commercial and residential development project referred
to as "The Farm on Del Obispo." The development proposal called for a maximum of
40,000 square feet of commercial space and up to 180 dwelling units on approximately
34 acres of the 43-acre Vermeulen Ranch Property. On May 30, 2017, the Applicant
submitted an application to amend the General Plan's land use designation of the
subject property from Agri-Business to Specific Plan/Precise Plan, along with a
Proposed Specific Plan that would allow the subject property to be developed with up to
180 residential dwelling units utilizing the City's RS-4000 development standards . The
submitted application package eliminated the commercial component of the project and
did not include any entitlement applications. Entitlement applications would be sought if
and when the Applicant is successful in amending the General Plan. Evaluation of the
proposed project is subject to an environmental assessment in accordance with CEQA.
En vironmental Co nsulta nt-Ini tia l Stud y
The City issued a Request For Proposals (RFP) to its list of qualified firms and posted
the scope of work requirements and the RFP on its website for the preparation of an
Initial Study, which is a preliminary analysis conducted by the lead agency to determine
if a project may have a significant effect on the environment (Attachment 2). The Initial
Study will determine if the project qualifies for an Addendum to the previously certified
EIR (Spieker Continuing Care Retirement Community), a Subsequent EIR or
Subsequent Mitigated Negative Declaration (MND), or a new MND or EIR for the current
project. In response to the RFP, the City received proposals from two (2) firms:
De Novo
Pl a nning
Gr o up
LSA
Associates
Addendum Subsequent Subsequent New MND New EIR
to EIR EIR MND
$69,300
$143,260
$104 ,300
$228 ,260
Not
Applicable
Not
AQplicable
$6 4 ,300 $134 ,300
$163 ,260 $228,260
It should be noted that De Novo Planning Group deferred the cost of various technical
studies to be determined after its review of existing technical documents which
contributed to its lower cost proposal.
City Council Agenda Report
October 17 , 2017
Page 3 of 4
Staff evaluated the proposals, which included conversations with the firms' project
managers to evaluate qualifications and experience. As a result of the review process,
staff determined that LSA Associates is the most qualified firm to prepare the necessary
Initial Study and subsequent environmental documents. LSA Associates prepared the
Environmental Impact Report and Traffic Impact Analysis for the previous project and is
familiar with the site and the environmental setting .
Upon execution of this Agreement, LSA Associates will commence preparation of an
Initial Study which is expected to be completed in 14 weeks. The completed Initial Study
will identify the appropriate CEQA document that will need to be prepared for the
proposed project. The time needed to complete the appropriate CEQA document
generally ranges from 2-3 months (EIR Addendum) up to 12 months (New or
Subsequent EIR). Once the appropriate CEQA document is completed, the CEQA
document, along with the proposed General Plan AmendmenUSpecific Plan, will be
presented to the Planning Commission for review. The Planning Commission's
recommendation on the proposal will ultimately be presented to the City Council for a
final decision.
FISCAL IMPACT:
All environmental work for the proposed project, including technical studies such as a
Traffic Impact Analysis (TIA), will be solely funded by the project Applicant. Should the
City Council approve the agreement, the Applicant will be required to deposit the entire
contract amount prior to the City issuing a Notice to Proceed to the consultant.
ENVIRONMENTAL IMPACT:
The action to select a consultant is not a project under State CEQA Guidelines §
15378(a) because it has no potential to result in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment.
Further, the action is exempt from CEQA under the commonsense exemption in State
CEQA Guidelines section 15061 (b), which exempts any activity for which it can be seen
with certainty that there is no possibility of a significant effect on the environment.
PRIOR CITY COUNCIL REVIEW:
On September 20, 2016, the City Council initiated a study of a potential General Plan
Amendment (GPA16-0001) to allow a proposed commercial and residential
development project referred to as The Farm at Del Obispo.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION :
Interested Parties Notification List
LSA Associates
Vermeulen Ranch LLC
Spieker Senior Development
City Council Agenda Report
October 17, 2017
Page 4 of 4
A TT ACHMENT(S):
Attachment 1 -Professional Services Agreement with LSA Associates
Attachment 2 -Request for Proposals (RFP) for Preparation of an Initial Study
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of , 2017 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and LSA Associates Inc., a California
Corporation with its principal place of business at 20 Executive Park, Suite 200, Irvine,
California 92614 (hereinafter referred to as "Consultant"). City and Consultant ~re sometimes
individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Preparation of an Initial Study (IS) and subsequent environmental document, as required by the
initial study, for the Farm, San Juan Capistrano project, which will likely include the following
entitlements: General Plan Amendment (GPA) 16-001, Specific Plan, Lot Line Adjustment and
Development Agreement (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $228,260. This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work.
ATTACHMENT 1
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If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted , it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4 . Maintenance of Records .
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance .
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed "). Consultant shall complete the services required hereunder by December 31, 2018.
The Notice to Proceed shall set forth the date of commencement of work .
6. Delays in Pe rformance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions ; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances ; strikes , lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compl ia nce wi th Law .
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cai/OSHA requirements .
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
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Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. A ss ignm ent and Sub cons ultan t
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason . Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates , and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement , subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Co mmercial Gene ra l Liab ili ty
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following :
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
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(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City .
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers' Compensation/Emp loyer's Liability
(i) Consultant certifies that he/she is aware of the prov1s1ons of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section .
d. Professional Liability (Errors and Om issions)
At all times during the performance of the work under this Agreement the Consultant
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shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Single Limit
$1 ,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
$1 ,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (1 0) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
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during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (1 0) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend, with
counsel of City's choosing and at Consultant's own cost, indemnify and hold the City, its
officials, officers, employees, agents and volunteers free and harmless from any and all claims,
demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments,
awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, (collectively, "Claims') in any manner arising out of,
pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its officials, officers, employees, agents or volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
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witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. Californ ia Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verif ication of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
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of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes , written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City .
18. Organization
Consultant shall assign Ashley Davis as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City .
19. Lim itation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn : Art Bashmakian , Contract Planner
and shall be effective upon receipt thereof.
21. Third Party Rights
CONSULTANT:
LSA Associates
20 Executive Park, Suite 200
Irvine, CA 92614
Attn: Rob McCann, Chief Executive Officer
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportun ity Employment.
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Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City 's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
10
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND LSA ACCOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Ben Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
LSA Associates
By:
Its: CEo
Printed Name : -&ob H\ C (a(\\'\ •
12
EXHIBIT A
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
Scope of Services
Based on LSA's understanding of the project and project area, LSA anticipates that preparation
of an IS with supporting technical work will be adequate for the City to determine the level of
documentation required for compliance with CEQA . Tasks 1 through 4, described in detail
below, outline LSA 's Scope of Services for the proposed project. In order to adequately respond
to the IS checklist questions, LSA has included preparation of technical analyses to address
impacts related to air quality/GHG emissions, biological resources, cultural resources, noise, and
traffic, outlined in Task 2.0.
Task 1.0: Project Initiation and Project Description
LSA will prepare a thorough Project Description for use in the IS preparation. LSA will meet in
person with the City team and the Applicant at a project kick-off meeting to refine the Project
Description and develop a mutual understanding of the scope and approach to be used in
completing the work tasks outlined herein. The Project Description will include the following:
• The precise location and boundaries of the proposed project shown on a detailed
topographic map
• A statement of the project's proposed objectives
• A general descript i on of the project's technical, economic, and environmental
characteristics
• A discussion of supporting public service facilities
• A statement of the intended use of the IS, including a list of public agencies that are
anticipated to use the document in their decision-making
• A list of discretionary approvals required
• A discussion of the existing and proposed land uses, zoning map classifications, and General
Plan land use designations
LSA will submit the Project Description to the City for review and approval. The overall schedule
and budget are based on the assumption that substantive changes to the Project Description
will not be made later in the process .
Deliverable: Project Description in Microsoft Word format for the City's review and approval
Task 2.0: Technical Analyses
In order to substantiate the findings of the IS, preparation of supporting technical analyses with
respect to air quality/GHG emissions, biological resources, noise, and traffic are proposed.
Preparation of these technical analyses, along with the technical reports that were previously
analyzed in the Spieker CCRC EIR, will assist in determining the appropriate level of
environmental documentation for the proposed Farm Specific Plan. Although these technical
studies could be prepared at a later date, they will be required for any future CEQA
lSA
7
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
documentation in order to provide substantial evidence, as required under CEQA when
evaluating a project's potential impacts. Preparation of these studies at the time the IS is
prepared will provide the City with a more comprehensive and legally defensible document
upon which to make a determination for future documentation.
Task 2.1: Air Quality and Greenhouse Gas Emissions Memorandum. LSA will prepare an air
quality and GHG emissions technical memorandum in compliance with applicable CEQA
procedures and requirements.
Air Quality Analysis. LSA will prepare the air quality section, which will focus on the criteria
pollutants of greatest concern in the South Coast Air Basin (Basin) that would be generated
by project construction and operation. Those pollutants include ozone precursors (volatile
organic compounds [VOCs] and oxides of nitrogen [NOxl), carbon monoxide (CO), sulfur
dioxide (S0 2 ), and inhalable particulate matter (PM 10 and PM 2•5 ). The air quality analysis will
address all of the five air quality issues identified in the IS checklist in Appendix G of the
State CEQA Guidelines. The air quality study will consist of the following tasks.
LSA will evaluate whether the project would conflict with or obstruct implementation of the
Air Quality Management Plan (AQMP). The.existing air quality in the vicinity of the project
site will be characterized, including local meteorology and existing pollutant levels, based on
data obtained from nearby air quality monitoring stations. LSA will describe the existing
State and federal ambient air quality standards, the Basin's attainment status with regard to
those standards, and the South Coast Air Quality Management District's (SCAQMD) AQMP .
LSA will analyze whether construction and operational emissions will result in a violation of
air quality standards. The impact evaluation will be based on SCAQMD's Air Quality
Significance Thresholds in its CEQA Air Quality Handbook. LSA will estimate construction
emissions, including diesel truck and heavy duty equipment exhaust and fugitive dust based
on available information from the project applicant and the City . If the project-specific
construction equipment and schedule are not available, a generalized schedule will be used
along with the default construction equipment anticipated in the model. LSA will calculate
future operational emissions associated with the net increase in motor vehicle activity and
on-site energy consumption. Construction and operational emissions will be estimated using
the California Emissions Estimator Model (CaiEEMod), which includes OFFROAD and
California Emission Factor Model (EMFAC) emission factors to calculate off-road
construction equipment and on-road vehicle emissions.
LSA will evaluate whether the project could lead to the potential exposure of sensitive
receptors to substantial concentrations of air toxics emissions . The evaluation of the
potential for CO and toxic air contaminants will be assessed in a qualitative manner because
the project is not expected to result in a significant increase in traffic congestion.
LSA will assess whether the project would result in a cumulatively considerable net increase
of any criteria pollutant for which the Basin is in nonattainment under an applicable federal
or State Ambient Air Quality Standard. The evaluation of cumulative impacts will follow the
procedure outlined in SCAQMD's CEQA Air Quality Handbook.
LSA
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
LSA will evaluate whether the proposed project would create objectionable odors affecting
a substantial number of people, based on the guidance provided in SCAQMD's CEQA Air
Quality Handbook guidelines. However, due to the nature of the project being residential
uses, objectionable odors are not anticipated to be a significant concern for this project.
Greenhouse Gas Analysis. Because the City does not have a qualified Climate Action Plan,
LSA will prepare a GHG emission analysis that complies with SCAQMD's interim CEQA GHG
Significance Thresholds. The analysis will focus on the GHG emissions that would be
generated by project construction and operation (primarily carbon dioxide, methane, and
nitrous oxide). In addition, the GHG analysis will be prepared in response to the two GHG
questions in the Appendix G checklist of the State CEQA Guidelines. The GHG analysis will
include the following tasks.
LSA will prepare a discussion of the potential GHG emission impacts. This discussion will
describe the methodology used to estimate GHG construction and operational emission
impacts and (if applicable) will identify mitigation measures. LSA will estimate project-
related GHG emissions using the CaiEEMod software program. The analysis will include the
five primary sources of GHG emissions (as applicable): motor vehicle vehicular traffic,
generation of electricity, natural gas consumption/combustion, solid waste generation, and
water usage.
LSA will compare the net annual increase of GHG emissions from the project to regulatory
thresholds. Should the project exceed the 3,000 metric ton per year emission threshold for
the residential development site, the project must prepare a consistency analysis to
demonstrate the reduction in GHG emissions.
LSA will provide mitigation strategies to reduce GHG emissions if the project is determined
to not be consistent with applicable regulatory strategies to reduce GHG emissions. This
could include vehicle mile reduction, energy/water conservation measures, Leadership in
Energy and Environmental Design (LEED) certification, carbon sequestration, or contribution
to available regional and State mitigation programs to reduce GHG impacts to a less than
significant level.
Local GHG emission background information will be obtained from the California Air
Resources Board's ambient GHG background and Scoping Plan for the State and from the
City's General Plan . LSA will conduct a consistency analysis to determine whether the
project conforms to these plans in accordance with the procedures set forth by the
California Air Resources Board.
LSA will prepare the air quality and GHG sections detailing the results of the analyses
identified above.
Task 2.2: Biological Resources Memorandum. The approach to the biological resources review
will be to evaluate the current site conditions and effects of the revised project relative to the
finding of the previous biological resources assessment. LSA will conduct an updated site-
specific database records search for federal and State lists of special-status species via review of
the California Department of Fish and Wildlife's California Natural Diversity Database, the
LSA
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of
California, and the United States Fish and Wildlife Service's Information for Planning and
Conservation database.
Because site conditions have changed since the Spieker CCRC EIR was prepared (i.e.,
improvements associated with the previous use as a nursery have been removed), LSA
recommends a site visit and survey. LSA biologists will conduct the site visit to compare the
existing site conditions to the findings of the previous evaluations, with an emphasis on special-
status biological resources, to determine whether the effects of the revised project differ
substantially from those in the previous determinations. In particular, LSA will check for the
potential development of habitat on the fallow site and will evaluate the status of the drainage
system associated with the prior site operations. Following the site survey, LSA will incorporate
the results of the records search and survey into a letter report suitable for attachment to the
CEQA document. The report will briefly recap the project setting and will describe the
personnel, methods, resources evaluated, and existing conditions. The report will focus on any
differences in project impacts to existing biological resources from those identified in the
previous documentation and will include any necessary avoidance measures . If any potentially
significant adverse impacts are identified, LSA will recommend appropriate mitigation measures.
This proposal does not include a scope of work or budget to conduct focused surveys for
sensitive plant or wildlife species because these are not expected to occur. Similarly, a
jurisdictional delineation of waters of the United States or identification of wetlands is not
expected to be necessary and are not included. However, the statutory limits of waters of the
United States pursuant to the Clean Water Act will be discussed in the report and it may
ultimately be in the project proponent's interest, depending on the findings of the updated
assessment, to prepare a jurisdictional delineation.
Task 2.3: Noise Memorandum. LSA will prepare a project-specific noise memorandum for use
in responding to the CEQA IS checklist questions. The following tasks will be completed for this
effort.
Applicable Noise and Vibration Criteria and Existing Noise Levels. LSA will review the City
Municipal Code and General Plan to identify applicable noise regulations related to mobile
and stationary noise sources. LSA will then conduct up to two long-term noise
measurements and two short-term noise measurements at the boundaries of the project
site and the surrounding uses. These measurements will help identify the existing noise
levels, including the nighttime ambient noise levels during which noise impacts are
perceived to be the loudest, and the noise impacts from adjacent uses .
Short-Term Construction Impacts. Noise and vibration impacts from construction sources
will be analyzed based on information from the Federal Highway Administration's Roadway
Construction Noise Model and the Federal Transit Administration (FTA). The construction
noise impact will be evaluated in terms of maximum levels (Lmax), hourly equivalent
continuous noise levels (Leq), and the frequency of occurrence at adjacent sensitive receptor
locations. Analysis requirements will be provided based on the sensitivity of the area
directly adjacent to the project site and the City's noise control ordinance specifications.
Where applicable, FTA construction noise and vibration criteria will be used to determine
significance.
LSA
10
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
Future Noise Level Impacts at the Project Site. To determine the on-site noise
environment, LSA will review and evaluate the most recent site plans for the sensitive
residential uses in order to determine noise impacts from surrounding roadways and other
uses.
Traffic noise impacts will be evaluated pursuant to the 24-hour averaged/weighted
Community Noise Equivalent Level (CNEL). Model input data needed include average daily
or peak-hour traffic volumes, vehicle speeds, ground attenuation factors, and roadway
widths. Traffic parameters necessary for the model input will be obtained from the traffic
volumes included in the Traffic Impact Analysis (TIA), City's Circulation Element, and the
vehicle mix observed in the project area. In addition to traffic noise impacts, off-site
operational impacts will be analyzed based on reference information and noise
measurements gathered during LSA's fieldwork.
The City's noise criteria for outdoor living areas, where appropriate, will be assessed, as well
as the State/City's interior noise standard. Potential noise impacts that are expected to
exceed the exterior noise level standards established by the City will be identified, and
where necessary, mitigation (e.g., noise barriers) will be recommended. In order to assess
the potential interior noise impacts for noise-sensitive uses within the proposed project,
standard recommended building exterior-to-interior noise attenuation will be used in the
screening process to determine whether further site-specific noise mitigation measures are
required. Building fa!;ade enhancements (e.g., exterior walls and/or windows and doors with
sound transmission class ratings higher than standard building practice) will be identified to
meet the interior noise standard, if required. Sound attenuation mechanisms for roofs and
other openings will also be identified where necessary.
Future Off-Site Traffic Noise Level Impacts to Off-site Noise Sensitive Uses. In order to
determine the off-site noise impacts associated with traffic generated from the proposed
project, the Federal Highway Traffic Noise Prediction Model (FHWA RD-77-108) will be used.
Traffic noise impacts will be evaluated pursuant to the 24-hour averaged/weighted CNEL.
Model input data needed include average daily or peak-hour traffic volumes, vehicle speeds,
ground attenuation factors, and roadway widths. Traffic parameters necessary for the
model input will be obtained from the traffic volumes included in the TIA and the City's
Circulation Element. The results of the analysis will show the noise level increase on all
segments presented in the TIA while specifically identifying segments that will experience a
3 A-weighted decibel (dBA) CNEL or more increase in traffic noise as well as exceeding the
City's exterior noise level standard. The 3 dBA CNEL is not specifically a threshold in the
City's noise criteria, however, an increase of that magnitude is considered a perceptible
increase. Should segments be identified that meet this criteria, existing abatement will then
be considered to help identify whether a potential significant impact may occur.
Identification of Potential Mitigation Measures. Potential noise impacts that are expected
to exceed the exterior noise level standards established by the City will be identified, and
where necessary, mitigation will be recommended that may include, but will not be limited
to noise barriers, equipment enclosures, and hour-of-operations restrictions. These impacts
will be determined for off-site sensitive uses.
lSA
11
Proposal for Com pletion of on
Initial Study for
The Farm Specific Plan
Should impacts associated with construction activities occur, best business practices
recommended during construction as well as additional mitigations measures will be
provided.
Task 2.4: Traffic Impact Analysis. The TIA will be prepared pursuant to the City's Administrative
Policy 310, Preparation and Use of Traffic Reports; the Orange County Congestion Management
Program TIA Guidelines; and the provisions of CEQA. Although LSA completed the TIA for the
previous project proposed on the same site, the TIA is more than 3 years old and, therefore, a
new project-specific TIA is required.
The TIA for the proposed project will need to examine the following four development
scenarios:
1. Existing Conditions
2. Existing Plus Project Conditions
3. Existing Plus Project Plus Cumulative Conditions (future near-term year, corresponding to
project opening)
4. Existing Plus Project Plus Build Out Conditions (future long-range, corresponding to build out
of the City's General Plan)
The following tasks are recommended to provide a complete TIA for the proposed project .
Task 2.4.1: Coordination with City Staff. LSA will coordinate with representatives of the
Development Services Department and/or Public Works Department to confirm the scope of
work and discuss issues related to the proposed project with City staff. This will include
confirmation of specific analysis methodologies and assumptions, land use assumptions,
designation of study area intersections and roadway segments, identification of cumulative
background traffic conditions (i.e., approved/pending projects list and ambient growth rate),
and discussion of specific concerns regarding the project. One specific issue to be discussed
with City staff includes future land use assumed on the property in the General Plan
(agricultural) compared to the proposed land use (residential).
Task 2.4.2: Data Collection. Based on the meeting discussed above, LSA and City staff will
confirm the study area intersections . The following information will be needed prior to
preparation of the TIA:
• Existing Traffic Counts. LSA will request existing traffic counts from the City. If the City
does not have this data available (i.e ., counts conducted within 1 year of the notice to
proceed), LSA will conduct 3 days of new intersection turn-movement counts in the a.m.
and p.m. peak hours and 3 days of new roadway segment counts over 72 hours (as
required pursuant to the City's Administrative Policy 310). National Data & Surveying
Services will be the independent count company used to collect the data. In addition,
LSA will collect geometric and traffic control data at the study area intersections. For the
purposes of this scope of work and budget estimate, LSA will count up to
26 intersections and 22 roadway segments (consistent with the study area for the
previous project considered on site).
LSA
12
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
• Cumulative Conditions. A cumulative year (future, near-term) scenario corresponding
to the projected opening year of the proposed project will be analyzed. To determine
the cumulative baseline conditions, LSA will request from the Development Services
Department a current list of approved and/or committed projects up to the project
opening year. LSA will also request the traffic studies and/or environmental documents
for these projects to develop cumulative baseline traffic volumes . If these documents
are not available, LSA staff will assign approved/pending project trips to the study area
circulation network using the "manual method" of trip assignment . LSA anticipates using
the manual method for up to 10 projects. An ambient growth rate will be applied to
represent the near-term conditions, as discussed with City staff.
• Build-Out Conditions. A build-out year (future, long-term) scenario corresponding to the
build out of the City's General Plan w i ll be analyzed. To develop the forecast year
conditions, LSA will coordinate with the City's traffic model consultant (Urban
Crossroads, Inc.).
Task 2.4.3: Existing Conditions
Existing a.m . and p.m. peak -hour traffic conditions and levels of service (LOS) will be
assessed using the intersection capacity utilization (ICU) and Highway Capacity Manual
(HCM) methodologies (per the City 's Administrative Policy 310). An average daily traffic and
peak-hour link analysis will also be performed for the study area roadway segments using
the methodology and performance standards contained in the City's General Plan Growth
Management Element. In addition to analysis of the study area, LSA will describe the
existing transit, pedestrian, and bicycle conditions, including bus service to the project area,
locations of transit stops and stations , bicycle lanes , and pedestrian facilities providing
access to the project site.
Task 2.4.4: Project Trip Generation, Distribution, and Assignment
Daily a.m . and p.m. peak-hour trips will be generated for build out of the proposed project.
LSA will develop the trip generation estimate based on trip rates contained in the latest ITE
Trip Generation Manual. Project-related trips will be distributed through the study area
intersections based on a select zone assignment obtained from the City's Traffic Model
consultant.
Project trip generation volumes will be assigned to the arterial street system based on the
trip distribution identified above. The resulting project trip assignments will be overlaid onto
the existing and cumulative traffic bases to determine the Existing and Cumulative Plus
Project traffic volumes, respectively. Project volumes for build-out conditions will be based
on the South County Sub Area Model (SCSAM).
Task 2.4.5: Project Impact Assessment.
Ex ist i ng Plus Pro iect. LSA will analyze the Existing Plus Project traffic conditions at the
study area intersections and roadway segments to determine the ability of the
circulation system to provide acceptable LOS when the project is added to the existing
condition. The resulting Existing Plus Project traffic volumes will be examined to
LSA
13
Proposal for Completion of on
Initio/ Study for
The Farm Specific Plan
determine peak-hour intersection and roadway LOS. Project impacts will be identified
assuming existing intersection geometries.
Cumulative Plus Project. Traffic conditions for the Cumulative Plus Project condition will
be analyzed in the TIA. The cumulative traffic conditions will be developed based on
ambient growth and the contribution of committed and/or approved developments'
peak-hour traffic volumes to the City's circulation system . The previous project
proposed on site applied a 1 percent per year growth rate. The ambient growth
percentage per year will be confirmed based on discussion with City staff. In conjunction
with City staff, LSA will obtain a current approved/committed projects list, as well as the
traffic studies prepared for these developments, to derive the project study area
cumulative traffic volumes and approved circulation system improvements. For
cumulative projects without a traffic study, trip generation will be based on ITE trip
generation rates. LSA will assign the approved/committed projects' traffic volumes and
the proposed project trips to the existing traffic base to determine the Cumulative Plus
Project conditions. LSA will analyze the Existing Plus Project Plus Cumulative LOS
conditions at the study area intersections and roadway segments to determine the
ability of the circulation system to provide acceptable LOS within a short-term horizon
(the opening year of the project).
Build Out Plus Project. LSA will analyze the forecast conditions at the study area
intersections and roadway segments to determine the ability of the circulation system
to provide acceptable LOS within a long-range (General Plan Build Out) horizon. The
Build Out Plus Project condition will be based on output from the SCSAM. The City's
traffic model consultant (Urban Crossroads, Inc.) will develop the forecast data for LSA's
use in the TIA. The resulting forecast traffic volumes will be examined to determine
peak-hour intersection and roadway segment LOS.
Operational Analysis. LSA will conduct an operational analysis along Del Obispo Street
using the Synchro software. The following intersections will be analyzed: Del Obispo
Street/Plaza Drive, Del Obispo Street/Camino Capistrano, Del Obispo Street/Paseo
Adelanto, and Del Obispo Street/ Ali paz Street. Data for this operational analysis will be
based on the conditions analyzed above. LOS will be identified and compared to the
minimum standards in the City's Growth Management Element. Vehicle queues will be
reviewed to ensure adequate distance between the closely spaced intersections.
Site Plan Analysis . An on-site circulation and access analysis of the proposed internal
circulation system will be performed based on the proposed project site plan. Peak-hour
intersection operation at the proposed project driveway(s) will be addressed to
determine the adequacy of the interface with the arterial street system. LSA will also
review the potential for vehicle queues, the need for acceleration/deceleration lanes,
and adequate sight distance at the project driveway(s). LSA will review the City's
Municipal Code off-site parking requirements for the land uses proposed as part ofthe
project and determine whether adequate parking will be provided on site.
Task 2.4.6: Mitigation Measures. Based on the results of the Project Impact Assessment,
mitigation measures (physical and/or operational) will be proposed to address impacts
LSA
14
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
created by the project in the Existing, Cumulative, and Build Out conditions. Mitigation
measures (if any) will be consistent with City Council Administrative Policy 111 (Fair Share
Methodology).
Task 2.4.7: Preparation of Traffic Impact Analysis A TIA will be prepared discussing the
Existing, Cumulative, and Build Out (with and without the proposed project) conditions.
Identification of intersection, roadway segment, and on-site improvements required to
accommodate project development will be provided. References will be identified and
included in the report as appropriate. A Draft TIA will be submitted to the City for review .
Upon completion of the review, LSA will modify the draft report to address the City's
comments and submit the Final TIA.
Task 3.0: Preparation of the Initial Study
Preparation of the IS will include two separate drafts, including a Screencheck/Draft IS and a
Revised Screencheck/Draft IS. A Public Review Draft could be applicable once the CEQA
document has been determined, but would not be required for an Addendum. The drafts of the
IS, outlined in Tasks 3.1 and 3.2, will include the following:
• The Project Description as outlined in Task 2.0 and approved by the City
• A description of surrounding land uses and the project setting, with an emphasis on
environmental resources that are unique to the City (e.g., agriculture, viewsheds, historical
sites and structures, hillsides and ridgelines, and mature trees)
• A discussion of any inconsistencies between the proposed project and the General Plan,
Specific Plan, or any other applicable regional plans
• An evaluation of potential cumulative environmental impacts, including a map of planned
projects in the vicinity of the proposed project
• A list of county, State, and federal agencies that have permitting authority over any aspect
of the proposed project, and the type of permit required by that agency
• A discussion of environmental impacts, including an analysis ofthose environmental criteria
deemed to have a "Potentially Significant Impact," "Less than Significant Impact," or "No
Impact"
• Appendices containing technical documentation related to the IS analysis
• A list of references to all pertinent materials or studies, and reports from the previously
certified EIR for the Spieker CCRC project that were relied upon for preparation of the IS
Task 3.1: Screencheck/Draft Initial Study. LSA will prepare a Screencheck/Draft IS and will
submit the document to the City for review. The format will be based on City requirements and
will also meet CEQA compliance procedures. The IS will incorporate the technical analyses
identified in Tasks 2.1 through 2.4, any relevant technical information from the certified Spieker
CCRC EIR, and the project data completed for the Farm Specific Plan.
lSA
15
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
For the purposes of this scope and budget, LSA will respond to one round of comments from the
City. The Applicant will review the IS drafts at the City's discretion. All comments must be
consolidated and nonconflicting (i.e., LSA must receive one set of nonconflicting, consolidated
comments per round).
Deliverables:
• Upon confirmation from the City, one CD-R disk in Microsoft Word format and two hard
copies of the Screencheck/Draft IS, including all figures, exhibits, and appendices
• A compiled draft document in Adobe Portable Document Format (PDF), including the
Screencheck/Draft IS and all figures, exhibits, and appendices
Task 3.2: Revised Screencheck/Draft Initial Study. LSA will respond to City comments on the
Screencheck/Draft IS and will complete the necessary revisions in red line/strikeout format for
ease in reviewing the changes to the Revised Screencheck/Draft IS from the previously
submitted version of the document. LSA will prepare and submit the Revised Screencheck/Draft
IS along with all applicable technical studies . At the time the Revised Screencheck/Draft IS is
submitted to the City, LSA will make a recommendation as to the appropriate level of CEQA
documentation for the project. The City will make the final determination of the documentation
required. A new scope and budget approval will be required at the time the level of CEQA
review is determined. Please see Approaches 1 through 4 under the Additional Environmental
Documentation Required section below.
Deliverables:
• Upon confirmation from the City, one CD-R disk in Microsoft Word and Adobe PDF and three
hard copies of the Revised Screencheck/Draft IS, including all figures, exhibits, and
appendices
• A compiled document in Adobe PDF, including the Revised Screencheck/Draft IS and all
figures, exhibits, and appendices
Task 4.0: Project Management and Attendance at Meetings
This task represents an active project management role to supervise the project schedule and
budget and to attend project meetings as necessary. The project management role provides a
mechanism to ensure there is an adequate exchange of information during project initiation and
preparation of the IS. This task includes notifying the City of problems as they are encountered
and working expeditiously to resolve them. To facilitate the dissemination of information, LSA's
Project Manager and Deputy Project Manager will maintain ongoing weekly verbal and email
communication with City staff.
The following project meetings are included in the proposed IS budget :
• One orientation/kick-off meeting with City staff (approximately 1 hour)
• Three project status/update meetings, as necessary (up to 5 hours total)
LSA
16
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
Additional Environmental Documentation Required
Based on the findings resulting from the analysis in the IS, LSA will recommend the preparation
of one environmental document to comply with CEQA; an Addendum to the certified Spieker
CCRC EIR, a Subsequent EIR (SEIR), a new project EIR, or a new project MND. Once the City
makes a decision based on LSA's recommendation, only one of these documents will be
prepared and the scope and budget can be refined. These options are described in more detail
below in Approaches 1 through 4 .
Preliminary Review
LSA's preliminary review indicates that an Addendum or SEIR relying on the previously certified
EIR for the Spieker CCRC project may be possible, depending on the level of environmental
impacts ofthe proposed Farm Specific Plan Project. Because potential traffic impacts would be
the likely trigger for an SEIR, LSA conducted a traffic sensitivity analysis of the Farm Specific
Plan Project, described below. This analysis was only used to test the project's traffic impacts
compared to the previously certified EIR and is not a complete analysis as required under CEQA .
The currently proposed 180 single-family detached homes (SFD) would generate 135 a.m. peak-
hour trips, 180 p.m. peak-hour trips, and 1,714 average daily trips (ADT). The Farm Specific Plan
Project constitutes a net increase of 46 a.m. peak-hour trips and 83 p.m. peak-hour trips, with a
decrease of 45 ADT, compared to the previously contemplated Spieker CCRC EIR project.
Using the certified EIR's existing traffic count data (December 2013) and the cumulative project
information from the Spieker CCRC project, LSA calculated the existing (2013) plus Farm Specific
Plan Project (180 SFD) and the cumulative plus project peak-hour and daily volumes for the
study area intersections and roadway segments. Traffix software was then used to evaluate the
peak-hour intersection LOS based on the ICU and the HCM 2000 methodologies. The LOS for the
roadway segments was then determined using the City's appropriate daily capacities by facility
type.
Based on this preliminary analysis, LSA believes there would be no significant impacts to
intersections or roadways with the proposed Farm Specific Plan Project of 180 SFD. However,
this analysis is based on traffic count data more than 3.5 years old and does not take into
account whether traffic volumes have changed in the project vicinity. In addition, this traffic
sensitivity analysis used Traffix software; the updated HCM 2010 methodology and the Synchro
Version 8 software should now be used for any current intersection analysis . Therefore, these
resu.lts cannot be guaranteed for the proposed project, but have allowed LSA to "test" the
project against the previous project's traffic conclusions.
In summary, LSA believes that a new EIR is not necessary, and an Addendum, SEIR, or MND
(Approaches 1, 2, or 3, described below) would be the appropriate documentation. However,
the City may also want to consider the controversy associated with the proposed project in
determining whether an Addendum is the appropriate approach. The SEIR and MND allow for
greater public scrutiny of the proposed Farm Specific Plan Project.
As indicated for preparation and review ofthe IS, the applicant's review of all working
documents shall be at the discretion of the City.
LSA
17
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
Approach 1 : Addendum to Previously Certified Environmental impact Report
State CEQA Guidelines Section 15164 state that an Addendum to an EIR shall be prepared, "if
some changes or additions are necessary but none of the conditions described in Section 15162
calling for preparation of a Subsequent EIR have occurred." Section 15162 of the State CEQA
Guidelines identifies the criteria that would lead to the need for an SEIR . Subsection 15162(a)(1)
states that, "substantial" changes are those changes that are proposed in the new project that
would require "major" revisions of the previous EIR due to new significant environmental effects
or a "substantial increase in the severity of previously identified significant effects ."
Therefore, if the findings in the IS analysis conclude that the proposed Farm Specific Plan Project
would not result in new significant unavoidable impacts, or more severe significant impacts than
were analyzed in the Spieker CCRC EIR, then an Addendum to that EIR could be prepared. An
explanation of the reasons an SEIR was not prepared should be included in the Addendum,
supported by substantial evidence. This is the reason that technical studies have been
recommended as part of the IS.
LSA will rely on all technical work conducted as part of the IS to prepa re the Addendum, as well
as applicable technical work from the previously certified EIR, to the extent feasible. This will
result in the most expeditious and cost-effective results.
Screencheck Draft Addendum. The Screencheck Draft Addendum will compare the Farm
Specific Plan project to the certified Spieker CCRC project to determine whether the new project
would result in any substantial changes. This requires preparation of a completely new
document in Addendum format. The Screencheck Draft Addendum will be submitted to City
staff in Microsoft Word and Adobe Acrobat PDF for review. In addition, LSA will provide five
hard copies of the Screencheck Draft Addendum for review. No more than one round of review
and comment are assumed, with no substantial new comments or new analysis required for the
second round of revisions .
Public Review. Per Subsection 15164(c) of the State CEQA Guidelines, an Addendum need not
be circulated for public review and would require no response to comments . Some jurisdictions
circulate an Addendum for public review and comments to avoid claims that the public is being
kept out of the environmental review process. However, this scope of work does not include
circulation of the Addendum for public review or responding to public or agency comments.
Circulation of the document and preparation of responses to public comments can be included
as an amendment to this contract.
Draft Addendum. LSA will revise the Screencheck Draft Addendum in response to the
consolidated set of comments received from City staff, and will submit the proposed Draft EIR
Addendum for Planning Commission recommendation and City Council approval. At this time,
LSA will also prepare a revised and updated Mitigation Monitoring Reporting Program, as
necessary .
LSA will provide 20 hard copies of the proposed Draft EIR Addendum to City staff. The Draft EIR
Addendum will be provided to the City in Microsoft Word and Adobe Acrobat PDF.
LSA
18
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
Final Addendum. Because CEQA does not require public review of an Addendum to an EIR once
approved by the City Council, a Final Addendum will be provided to the City. The Final
Addendum will become part of the administrative record to be kept on file with the Spieker
CCRC EIR for future discretionary approvals. LSA will provide five hard copies of the Final EIR
Addendum to City staff. The Final EIR Addendum will be provided to the City in Microsoft Word
and Adobe Acrobat PDF.
Notice of Determination. Upon adoption of the Final Addendum, LSA will provide the City with
the Notice of Determination (NOD) for submission to the Orange County Clerk. Though LSA will
prepare the NOD, it is the City's responsibility to file the NOD and pay the appropriate filing fees
with the Orange County Clerk. Failure to file the NOD within 5 business days of project approval
will substantially increase the period in which the project approval may be legally challenged. It
will be the City's responsibility to pay any applicable NOD fees, including California Department
of Fish and Wildlife filing fees, if applicable.
Project Management/Attendance at Meetings. Similar to the Project Management function for
preparation of the IS, this task provides a mechanism to ensure there is adequate exchange of
information during project start-up and preparation of the Addendum. Effective project
management is required to maintain the project schedule, oversee the budget, and coordinate
efforts with technical authors. LSA staff will attend one Planning Commission hearing and one
City Council hearing. A total of two meetings have been budgeted in this scope of work.
Approach 2: Subsequent Environmental Impact Report
Under State CEQA Guidelines Section 15162, an existing EIR can be relied upon if a subsequent
project will not result in new significant unavoidable impacts and will not substantially increase
unavoidable impacts that were addressed in the existing EIR. Substantial changes are those
changes that are proposed in the new project that would require "major'' revisions of the
previous EIR due to new significant environmental effects or a substantial increase in the
severity of previously identified significant effects. The IS prepared by LSA will answer these two
questions:
• Have any new significant unavoidable impacts been identified that were not identified in the
previous, certified EIR?
• Are there any significant unavoidable impacts identified in the updated analysis that are
substantially more severe than those identified in the previous, certified EIR?
If the answer to either of the above questions is "yes," an SEIR must be prepared. If the answer
to both of the above questions is "no," an SEIR is not required and an Addendum would be the
appropriate documentation (Approach 1).
Upon completion ofthe IS, if it is found that the proposed project would result in new significant
unavoidable impacts or more severe significant impacts compared to the Spieker CCRC EIR, then
an SEIR would be prepared.
LSA
19
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
Similar to Approach 1, LSA would rely on the technical work conducted as a part of the IS
(Task 2.0) to prepare the SEIR, as well as any applicable technical work from the previously
certified Spieker CCRC EIR. Preparation of an SEIR would require the following tasks.
Notice of Preparation and Scoping. After completion of the IS, LSA will prepare a Notice of
Preparation (NOP) for the proposed project per Section 15082 of the State CEQA Guidelines. The
NOP will include a Project Description, the topics to be evaluated in the SEIR, and the process for
completing the SEIR. LSA will revise the NOP in response to the City's comments and will finalize
the notice for public review.
LSA will copy and distribute up to 20 hard copies and 50 electronic copies (on COs) of the
IS/NOP. LSA will distribute the IS/NOP to the Office of Planning and Research (OPR), responsible
and trustee agencies, and interested parties identified on the City's mailing list. The City will be
responsible for placing an ad in a local newspaper and posting the IS/NOP on the City's website.
LSA, in consultation with the City, will hold a public scoping meeting during the 30-day NOP
public review period . Although City staff will administer the scoping meeting, LSA staff will be
available to provide explanations of the CEQA process and answer questions related to the
scope of the SEIR.
Screencheck SEIR. LSA will prepare a Screencheck SEIR for review by the City in accordance with
the requirements of CEQA and the State CEQA Guidelines. The document will contain all
applicable environmental components required by CEQA, including Introduction, Background,
Project Description/Characteristics/Phasing, and Discretionary Approvals; Setting, Impacts
(Project and Cumulative), Mitigation, and Level of Significance; and mandatory CEQA topics
(e.g., Growth Inducement, Alternatives, Lists of References, Persons Consulted, and EIR
Preparers). The Executive Summary impact table and draft Mitigation Monitoring and Reporting
Program (MMRP) will not be provided with the Screencheck SEIR, but will be submitted for
review with the Draft SEIR once the level of environmental impacts is agreed upon and the
mitigation measure language is close to being finalized. The SEIR that is submitted to the City
will be in screencheck form, reflecting LSA internal review and quality control.
The SEIR will compare the existing setting to the post-project environmental setting, and will
discuss how potential impacts of the Farm Specific Plan Project differ from those analyzed in the
Spieker CCRC EIR. Each topic in the Screencheck SEIR will include a discussion of the existing
setting; thresholds of significance; project analysis; cumulative impacts; mitigation measures, if
necessary; and level of significance after mitigation. Each section will discuss the potential short-
term environmental impacts associated with project construction, the long-term effects
associated with project operation, and the cumulative impacts associated with implementation
of the proposed project.
LSA proposes to analyze a maximum ofthree alternatives, which will include the No Project/No
Development Alternative as required by CEQA, as well as two other alternatives developed
during the environmental analysis process. The Alternatives section will also include a statement
identifying the environmentally superior alternative .
lSA
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
The Screencheck EIR will be submitted to the City without the Executive Summary or the MMRP .
After reviewing the Screencheck EIR, LSA will respond to comments and will prepare a second
Screencheck SEIR. Additional budget may be necessary if the review exceeds two rounds or if
LSA receives multiple sets of comments.
Draft SEIR. After receiving comments from the City on the second Screencheck SEIR, LSA will
make necessary revisions to the document, including completing the Executive Summary impact
table and the Draft MMRP. LSA will provide two preprint versions of the Draft SEIR to City staff
for a limited final review before printing the Draft SEIR. The purpose of this review will be to
review the entire document with all appendices, technical reports, and the MMRP, and to verify
that the City is satisfied with the Draft SEIR.
Before completing the Draft SEIR, LSA will work with the City to update the distribution list for
the NOP, as needed; compile the distribution list; and prepare a draft Notice of Completion
(NOC) for City review and signature and a draft public Notice of Availability (NOA) ofthe Draft
SEIR. The City will be responsible for coordinating noticing requirements, including publication
of notices in news publications and on the City's website. Reproduction and distribution of the
NOC and Draft SEIR to the State Clearinghouse and Responsible Agencies and of the NOA to
interested parties will be completed by LSA. In order to reduce reproduction and distribution,
copies of the Draft SEIR and appendices will primarily be provided on CD-ROM as PDF files. LSA
will provide 5 hard copies and 10 electronic copies of the Draft SEIR to the City in addition to the
15 copies of the Draft SEIR required to be sent to the State Clearinghouse, which will be
produced on CD-ROM as a PDF accompanied by 15 hard copies of the Executive Summary. In
addition, LSA will distribute one hard copy of the complete Draft SEIR and appendices to the
local library for public review.
Final SEIR. The Final SEIR will consist of three volumes . The Draft EIR and technical appendices
will constitute Volumes I and II, and the documentation described below will be included in
Volume Ill. Staff reports, resolutions, Findings, and the Statement of Overriding Considerations
(SOC) (if necessary) related to the proposed project and EIR will be prepared by the City. At the
City's request, LSA can provide a separate cost estimate for the preparation of the draft Findings
and SOC.
Response to Comments. During the public review period, the LSA Team will prepare
responses to comments on the Draft SEIR as received. LSA will work with the City and with
technical report consultants to determine responsibilities for preparing the responses.
Comments will be grouped by topic and subtopic. General responses will be prepared for
significant repetitive comments. LSA's objectives for the responses to comments are to
(1) be aggressive in establishing the strategy and determining responsibilities in order to
maintain the schedule and minimize later revisions; (2) prepare a document that is well
organized and usable by all parties, including the public; and (3) adequately respond to all
comments. Although the focus of the response will be on those comments that are truly
subject to CEQA review, LSA will also endeavor to answer all questions in an informative
manner.
Providing a budget estimate for responding to comments on the Draft SEIR is extremely
difficult because it is impossible to predict the volume and nature of the comments . The
LSA
21
Proposal for Completion of an
Initio/ Study for
The Farm Specific Plan
following estimate is based on LSA's knowledge of the project and projections of the volume
and nature of the comments received . Significant new analysis is not included in this task at
this time. LSA has allocated 120 hours of professional staff time and 40 hours of word
processing time to organize, prepare, and compile the Response to Comments document.
However, this estimate may need to be revisited once comments are submitted and
reviewed by the City and LSA and their actual number and nature are known .
Following finalization of the Response to Comments, LSA will provide the City with two
copies of the Response to Comments.
Mitigation Monitoring and Reporting Program (MMRP}. Following City review of the
Response to Comments, LSA will provide the City with two copies of the Response to
Comments document and will distribute the document in PDF on COs to any agency that
submitted written comments on the Draft SEIR.
As part of the Final SEIR, LSA will prepare a Final MMRP pursuant to CEQA Public Resources
Code Section 21081.6. The Final MMRP is intended to ensure compliance with mitigation
measures through project completion and during any monitoring that may be required after
project completion. The Final MMRP will contain an inventory of mitigation measures,
timing for implementation (e.g., before issuance of grading permits), the responsible staff or
agency assigned to monitor the condition, and a compliance/noncompliance statement. The
approved Final MMRP will be attached to resolutions for consideration by the Planning
Commission and the City Council.
Project Management/Attendance at Meetings. Similar to all Project Management functions,
this task is required to maintain the project schedule, oversee the budget, and coordinate
efforts with technical authors. Weekly or biweekly project team calls are also recommended .
LSA staff will attend up to two public hearings during the City's consideration of the Final SEIR.
Following the City's certification of the SEIR, LSA will prepare and file an NOD with the Orange
County Clerk and State Clearinghouse. Failure to file the NOD within 5 business days of project
approval will substantially increase the period in which the project approval may be legally
challenged. The City or the Applicant will provide a check for all necessary filing fees to be
submitted to the Orange County Clerk.
Approach 3 : New Environmental Impact Report
If none of the criteria in State CEQA Guidelines Sections 15162 or 15164 are met, which would
require preparation of an SEIR or Addendum, respectively, the Lead Agency may choose to
prepare a new project EIR. Although this option is requested in the Request for Proposals (RFP),
LSA does not recommend Approach 3 at this time.
The tasks for preparation of a project EIR mirror the tasks for preparation of an SEIR, outlined
above as Approach 2. The primary difference is that the SEIR will be analyzing the proposed
Farm Specific Plan Project as compared the previously proposed Spieker CCRC, while the project
EIR will analyze the Farm Specific Plan Project with no comparative analysis to the previously
proposed project.
LSA
22
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
Approach 4: New Mitigated Negative Declaration
Similar to Approach 3, if none of the criteria in State CEQA Guidelines Sections 15162 or 15164
are met, which would require preparation of an SEIR or Addendum, respectively, the Lead
Agency may choose to prepare a new MND as long as all environmental impacts can be reduced
to a less than significant level with mitigation .
LSA will rely on the completed IS and the technical work conducted as a part of the IS (Task 2.0)
to prepare the MND. Preparation of a new MND would require the following tasks .
Screencheck Draft IS/MND. Once the City has determined an MND may be prepared for the
proposed project, LSA will prepare a comprehensive Screencheck Draft IS/MND using the City's
latest format consistent with CEQA. The Screencheck Draft IS/MND will contain a detailed
Project Description, a discussion of the project geographical setting, and exhibits to enhance the
analysis and clarify project impacts. The Screencheck Draft IS/MND will incorporate the findings
ofthe technical studies prepared for the IS . The Screencheck Draft IS/MND will use any existing
environmental reports and information to the greatest extent practical to minimize cost and
delay.
LSA will provide up to two electronic (PDF and/or CD-ROM) copies of the Screencheck Draft
IS/MND to the City for review and comment. For the purposes of this scope and budget, LSA will
respond to one round of comments from the City.
LSA will prepare a Draft Notice of Intent (NOI) to adopt the IS/MND pursuant to Section
15072(a) of the State CEQA Guidelines. LSA will also prepare a distribution list for review and
comment by City staff.
Draft IS/MND. LSA will submit up to one electronic (PDF and/or CD -ROM) copy of the Draft
IS/MND to City staff for a limited review prior to printing. The purpose of submitting this
pre print version will be to review the changes to the document during the second round of
comments, resolve any remaining questions that arise from comments, and verify that the City
is satisfied with the overall Draft IS/MND .
Once the Draft IS/MND and NOI are approved for public review, LSA will submit three printed
and bound copies and 10 electronic (PDF and/or CD-ROM) copies ofthe Draft IS/MND (including
all technical appendices) to the project team. LSA will also be responsible for distributing up to
20 copies of the Draft IS/MND on CD -ROM for public review. The document will be distributed
via an overnight delivery service (with delivery confirmation) and/or United States Postal Service
(USPS) Certified Mail. USPS Certified Mail is only recommended for Post Office boxes.
The City will be responsible for publication of the public notice in a general circulation
newspaper. LSA will file the NOI with the Orange County Clerk to begin the required 30-day
public review period . To ensure compliance with the State CEQA Guidelines, LSA will distribute
15 hard copies of the Draft IS/MND and will file an NOC with the State Clearinghouse. The City
or the Applicant will provide a check for all necessary filing fees to be submitted to the Orange
County Clerk .
lSA
23
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
FinaiiS/MND. Following completion of the Draft IS/MND, LSAwill prepare an MMRP to
implement the mitigation measures required in the IS/MND for the proposed project. LSA will
submit up to one electronic (PDF and/or CD-ROM) copy of the draft MMRP for review by the
City. For the purposes of the scope and budget, one round of review is assumed. Following
review of the MMRP, LSA will revise the MMRP for its incorporation in the FinaiiS/MND
(described further below).
LSA will review the comment letters submitted on the Draft IS/MND as they are received during
the public review period. After reviewing the comments, but prior to preparing the responses,
LSA will discuss a strategy for the response document with the project team . Comments will be
grouped by topic and subtopic, and general responses will be prepared for significant repetitive
comments. Specific/individual responses will be prepared as needed.
Providing a budget estimate for responding to comments on the Draft IS/MND is challenging
because the volume and nature of the comments cannot be predicted . LSA has allocated
60 hours of professional staff time plus 24 hours of word processing time to organize, prepare,
and compile the Response to Comments document. However, should additional time be
required to respond to comments, a contract amendment may be necessary . LSA will submit
one draft electronic (PDF or CD-ROM) copy of the Response to Comments document to the City
for review. Following review of the draft Response to Comments, LSA will revise the document
and submit a final printed copy of the Response to Comments document to the City. Public
availability of the Response to Comments document will be the responsibility of the City.
LSA will prepare the FinaiiS/MND, including the Response to Comments and the MMRP, and
supporting documentation. LSA will submit one electronic copy (PDF and/or CD-ROM) of the
preprint FinaiiS/MND for review by City staff. For the purposes of this scope and budget, one
round of City review is assumed . Following the incorporation of City revisions into the Final
IS/MND, LSA will submit up to two electronic (PDF and/or CD-ROM) copies of the FinaiiS/MND
to the City.
Project Management/Attendance at Meetings. Similar to all Project Management functions,
this task is required to maintain the project schedule, oversee the budget, and coordinate
efforts with technical authors. Weekly or biweekly project team calls are also recommended.
LSA staff will attend up to two public hearings during the City's consideration of the Final
IS/MND. Following the City's adoption of the IS/MND, LSA will prepare and file an NOD with the
Orange County Clerk and State Clearinghouse. Failure to file the NOD within 5 business days of
project approval will substantially increase the period in which the project approval may be
legally challenged. The City or the Applicant will provide a check for all necessary filing fees to be
submitted to the Orange County Clerk.
LSA
24
Proposal for Completion of an
Initio/Study for
The Farm Specific Plan
EXHIBIT B
BUDGET
LSA proposes to prepare the Initial Study (Tasks 1.0, 3.0, 4.0, and reimbursable expenses) for an
estimated fee of $28,600, as shown in Table B. The budget estimate for technical analysis (Task
2.0) is $78,660, resulting in a total estimated fee of $107,260. Appendix A provides the tabular
breakdown of all costs by position, hourly rate, task, and hours budgeted for each task as well as
an estimated budget for each study described as Approaches 1 through 4: Initial Study,
Addendum to the previously certified EIR for the Spieker CCRC project, Subsequent EIR, new EIR,
and new MND.
Table B: LSA Fee Estimate
Task Fee Estimate
Task 1.0: Project In itiation and Project Description $2,250
Task l.O: Project Initiation and Project Description Subtotal $2,250
Task 2.0: Technical Analyses -
Task 2.1: Air Quality and Greenhouse Gas Emissions Memorandum $7,355
Task 2.2: Biological Resources Memorandum $5,315
Task 2.3: Noise Memorandum $6,995
Task 2.4: Traffic Impact Analysis $58,995
Task 2.0: Technical Analyses Subtotal $78,660
Task 3.0: Preparation of the Initial Study -
Task 3.1: Screencheck/Draft Initial Study $12,150
Task 3.2: Revised Screencheck/Draft Initial Study $8,760
Task 3.0: Preparation of the Initial Study Subtotal $20,910
Task 4.0: Project Management and Attendance at Meetings $4,440
Task 4.0: Project Management Subtotal $4,440
Reimbursable Expenses $1,000
Total $107,260
LSA
31
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
Table C shows fee estimates for the required additional environmental documentation that will
be determined following preparation ofthe IS . As such, the fee estimates in Table Care
intended to provide the City an indication of the fees for such levels of environmental
documents . Therefore, fee estimates in Table C will be re-evaluated at the completion oftasks
associated with preparation of the IS.
Table C: Additional Environmental Documentation Fee Estimate
Task I Fee Estimate
Approach 1: Addendum to Previously Certified Environmental Impact Report $36,000
Approach 2: Subsequent Environmental Impact Report $121,000
Approach 3: New Environmental Impact Report $121,000
Approach 4: New Mitigated Negative Declaration $56,000
LSA
32
Proposolfor ttomplerion of on
/nih'al Study for
The Farm Spe.clflc Plan
LSA
APPENDIX A
BUDGET SPREADSHEETS
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
LSAAssoeiEs,/nc:,
J>Toposal P"'Jiared tar The Farm Speclfk Plan
. -
Task 3.2: Revised ScreenchecJVDraft IS
[ask 4: Project
P!oj«tTotal
!Task 2 : Technical Analyses
Task 2.1 : Air Quality/GHG Emissions
Task 2.2: BiologiEal Resources
Task 2.3: Noise I k Task 2.4: Traffic Impact
echnlcal Tasks Total
I
I
Initia l Study
Tedlnicall ==I Environmental
~~~~~~~-·~···S~taff~ Staff Planner
10
6
16
34 I o
4
4
4
24
36 0
0 r
0 .1
0 1 0
16 36
12 20
16 32
90 180
134 268
I I I I I
30
20
8
I 62
I • '
2
2
2
2
8
50
40
98
I
2
2
2
2
8
Total
4 I 4 1 8 1 2 Is 500 r ym
121L 26_ 2 $ soo : =
16
16 0
4
4
4
8
20
1
1
1
""'lTs"
"'41$ ~
20,400
7.B
s:ii5
6.995
58,!1115 ,..,
1·s 107.2!ill
I I I I I I ~one environmental document outlined In a.---s 1 through 4 would ultimately be required. BudgetS"" ---1-4 assume that the aboveU!Chlcal studies (Tasks 2.1 through2.4) have been completed.
Approa ch 1.: Add endum to Previously Certified El R
Awroach 2: Subsequent EI R
IApprooch 3; New EIR
'N~M ND
Notl!: BiDing rate breakdown by job dassificatlon would IN! provided upon
IS = Initial Study
EIR =Environmental Impact Report
MND = Mitigated Negative Declaration
GHG =greenhouse gas
GIS= geographic information system
LS·i A
, of the
A-1
~
-l21,000
Ul.IICIO
56,000
Proposal for Completion of on
Initial Study for
The Farm Specific Plan
Proposal Prepared for the Farm Specific Plan
Budget Spreadsheet
Approach 1: Addendum to Previously Certified EIR
Task
Task 1: Screencheck Draft Addendum
Task 2: Draft Addendum
Task 3: Final Addendum/NOD
Task 4: Project Management and Meeting Attendance
EIR = Enwonment all m pact Report
NOD = No tice of De term ination
Project Total
Proposal Prepared for the Farm Specific Plan
Budget Spreadsheet
Approach 2: Subsequent EIR
Task
Task 1: Notice of Preparation/Seeping
Task 2: Screencheck Draft Subsequent EIR
Task 3: Draft Subsequent EIR
Task 4: Final Subsequent EIR (includes Response to Comments)
Task 5: Project Management and Meeting Attendance
Project Total
EIR =Environme ntal Impact Report
LSA
Fee Estimate
$20,000
$8,500
$3,500
$4,000
$36,000
Fee Estimate
$7,500
$50,000
$30,000
$26,000
$8,500
$122,000
Proposal for Completion of an
Ini tial Study for
The Farm Specific Plan
Proposal Prepared for the Farm Specific Plan
Budget Spreadsheet
Approach 3: New EIR
Task
Task 1: Notice of Preparation/Seeping
Task 2: Screencheck Draft EIR
Task 3: Draft EIR
Task 4: Final EIR
Task 5: Project Management and Meeting Attendance
Project Total
EIR =Environmental Impact Report
Proposal Prepared for the Farm Specific Plan
Budget Spreadsheet
Approach 4: New MND
Task
Task 2: Screencheck Draft MND
Task 3: Draft MND
Task 4: Final MND
Task 5: Project Management and Meeting Attendance
Project Total
MND =Mitigated Negative Declaration
LSA
A-3
Fee Estimate
$7,500
$50,000
$30,000
$26,000
$8,500
$122,000
Fee Estimate
$28,000
$15,000
$7,000
$6,000
$56,000
Proposal for Completion of an
Initial Study for
The Farm Specific Plan
PROJECT SCHEDULE
Based on LSA's understanding of the proposed project, Table A reflects the schedule for both
the IS and additional environmental documentation that would subsequently be required. LSA
will agg r essively endeavor to keep the project on track. LSA also commits to providing sufficient
staff to be available for assignment to the Addendum . The schedule reflects a best effort to
complete the project in a timely manner, while at the same time providing the time and
attention necessary to ensure that the highest-qual ity analysis and products are received.
Table A: Proposed Schedule
Task I Time Estimate
Initial Study
Task 1.0: Project Initiation and Project Description
Preparation of Project Description 1 week
Task 2.0: Technical Analyses'
Task 2.1: Air Quality and Greenhouse Gas Emissions Memorandum 4 weeks
Task 2.2: Biological Resources Memorandum 4 weeks
Task 2.3: Noise Memorandum 4 weeks
Task 2.4: Traffic Impact Analysis 6 weeks
Task 3.0: Preparation of the Initial Study
Task 3.1: Screencheck/Draft Initial Study 4 weeks
City Review of Screencheck/Draft Initial Study 2 weeks
Task 3.2: Revised Screencheck/Draft Initial Study 2 weeks
City Review of Rev ised Screencheck/Draft Initial Study 0.5 week
Decision regarding appropriate CEQA documentation 0 .5 week
Public Review Draft Initial Study Dependent upon the level of
CEQA documentation and
would occur simultaneously
with appropriate noticing
requirements (not required for
an Addendum)
Preparation of Response to Comments and Final Draft Initial Study To be completed as part of the
appropriate CEQA document
(not required for an
Addendum)
Total Initial Study Schedule 14 weeks
Additional Environmental Documentation Required (only one Approach required)
Approach 1: Addendum to Previously Certified Environmental Impact 2 to 3 months
Report
Approach 2: Subsequent Environmental Impact Report 12 months
Approach 3: New Environmental Impact Report 12 months
Approach 4: New Mitigated Negative Declaration 6 to 9 months
I Preparat1on ofTechn1 cal An alyses would occur con currently w1th preparation of th e ln1t1al Study.
CEQA =California Env i ronm ental Qualit y Act
LSA
CITY OF SAN J UAN CAPISTRANO
REQUEST FOR LETTER PROPOSALS FOR COMPLETION OF AN
INITIAL STUDY (IS) TO DETERMINE IF THE PROPOSED PROJECT QUALIFIES FOR AN
ADDENDUM TO A PREVIOUSLY CERTIFIED EIR (SPIEKER CONTINUING CARE
RETIREMENT COMMUNITY), SUBSEQUENT EIR OR MITIGATED NEGATIVE
DECLARATION, OR A NEW MITIGATED NEGATIVE DECLARATION OR EIR.
GENERAL PLAN AMENDMENT (GPA) 16-001
THE FARM SPECIFIC PLAN
SAN JUAN CAPISTRANO
E-MAIL YOUR PROPOSAL BY 4:30 PM
ON THURSDAY, SEPTEMBER 7, 2017 TO:
1. INTRODUCTION
City of San Juan Capistrano
Attn: Art Bashmakian, Contract Planner
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
abashmakian@sanjuancapistrano.org
(949) 487-4314
The City of San Juan Capistrano is soliciting proposals for the preparation of one
environmental document for a General Plan Amendment and Specific Plan including an
Initial Study (IS) for up to 180 unit residential development on a 35 acre site to
determine if the project qualifies for an Addendum to a previously certified EIR( Spieker
Continuing Care Retirement Community), a Subsequent EIR or Subsequent Mitigated
Negative Declaration, or a new Mitigated Negative Declaration or EIR for the current
project.
Issued August 17, 2017
ATTACHMENT 2
Request for Proposals (RFP)
The Farm Specific Plan and GPA 16-001 2 City of San Juan Capistrano
The Spieker Continuing Care Retirement Community project was approved and the EIR
was certified by the City Council on October 21, 2014. Among other discretionary
actions, this project involved a General Plan Land Use designation change from Agri-
Business to Specific Plan/Precise Plan and a Zone Change from A -Agri-Business
District to Specific Plan/Precise Plan
The approved project involved 407 independent living units with amenities for persons
not requiring daily assistance and a 101-unit health care center for residents needing
daily assistance including memory support or direct medical assistance on a 35 acre
site. Following the November 2014 elections, the City Council, on December 16, 2014
overturned the approval of the project. The action reverted the General Plan Land Use
Designation back to Agri-Business but the zone change did not revert back and it
remains today as Specific Plan/Precise Plan without an actual development plan.
In order to accommodate the new project, the General Plan land use designation is
again proposed to be changed to "Specific Plan/Precise Plan". The, project will also
entail an actual specific plan/precise plan with content.
2. SCOPE OF WORK
The Scope of Work requirements for the proposed project is provided in Attachment 1.
3. PROPOSAL REQUIREMENTS
Consultant proposals will include a transmittal letter including a statement of
understanding of the scope of the project, the general methodology/approach to be
used, a description of the firm 's background and experience. The Letter Proposal shall
be signed by an individual authorized to bind the consultant and shall contain a
statement that the proposal is valid for at least a 90-calendar day period. The proposal
will also include the following:
3.1 A proposed scope-of-work (SOW), consistent with the City's SOW requirements,
including a description of the specific work tasks that will be completed and work
products that will be produced.
3.2 A list of similar projects completed by the project manager and key staff to be
used on this project.
3.3 One-page resume of the project manager highlighting that individual's relevant
experience, skills, and education.
3.4 Project Schedule.
3.5 Total project budget and not-to-exceed cost including a tabular breakdown of all
costs by position, hourly rate, task, and hours budgeted for each task as well as
any reimbursable costs (i.e. travel, meeting attendance, copying, etc.). The
proposed budget may include optional tasks/budget items which may not be
critical to achieving the base scope of work but could be beneficial in
Request for Proposals (RFP)
The Farm Specific Plan and GPA 16-001 3 City of San Juan Capistrano
strengthening the overall analysis in the Initial Study.
3.6 The proposal should include individual costs for:
A. Initial Study
B. Addendum to the previously certified EIR for the Spieker Continuing Care
Retirement Community (should one ultimately be required)
C. New or Subsequent Mitigated Negative Declaration (should one ultimately
be required)
D. New or Subsequent EIR (should one ultimately be required)
4. PROPOSAL SUBMISSION
Interested firms or persons should submit their proposal in pdf format (600 dpi
resolution, color or black & white) by e-mail to abashmakian@sanjuancapistrano.org in
the Development Services Department, City of San Juan Capistrano by the time and
date indicated on the coversheet of this RFP.
5. SELECTION PROCESS
City staff will review the Letter Proposals pursuant to City Council Consultant Selection
Policy with particular emphasis on the following factors consistent with the City's
adopted Purchasing Policies and Procedures to select the most qualified consultant:
5.1 A proposed SOW including a description of the specific work tasks that will be
completed and work products that will be produced.
5.2 Completeness of proposal.
5.3 Firm's experience and resources .
5.4 Professional qualifications of key personnel.
After evaluation of the proposal the City will select the most qualified consultant with
whom to negotiate an agreement to provide the consulting services through the
completion of the Project.
The City reserves the right to reject any or all proposals, to waive any informality or
irregularity in any proposal received, and to be the sole judge of the merits of the
respective proposals received.
6. AGREEMENT /INSURANCE REQUIREMENTS
The consultant selected for the study will be required to execute a standard City of San
Juan Capistrano Personal Services Agreement (Attachment 2). Proposals will include a
statement that the submitting firm/person is amenable to all provisions in the City's
standard agreement. If a proposing firm/person takes exception to any of the terms in
the Personal Services Agreement, the firm/person must notify the City of their specific
issue(s) as soon as possible and determine whether the provision may be modified.
Request for Proposals (RFP)
T he Farm Spec if ic Plan a nd GP A 16-001 4 C ity of San Jua n Cap istran o
Insurance and indemnification requirements are not negotiable.
7. CITY'S RIGHTS
The City may investigate the qualifications of any proposer under consideration, require
confirmation of information furnished by a proposer, and require additional evidence of
qualifications to perform the services described herein. The CITY reserves the right to:
7.1 Reject any or all of the proposals and issue a subsequent Request for Proposals.
7.2 Cancel the entire Request for Proposal.
7.3 Remedy technical errors in the Request for Proposal process.
7.4 Appoint an evaluation committee to review proposals.
7 .5 Seek the assistance of outside technical experts in proposal evaluation .
7.6 Approve or disapprove the use of particular subcontractors.
7.7 Award a contract to one or more proposers.
7.8 Waive non-substantive errors or irregularities in proposals.
This RFP in no way commits the City to enter into a contract, nor does it obligate the
City to pay for any costs incurred in the preparation and submission of proposals or in
anticipation of a contract.
8. PUBLIC RECORDS ACT
Responses to this RFP become the exclusive property of the City and subject to the
California Public Records Act. Those elements in each proposal which are trade secrets
as that term is defined in Civil Code section 3426.1 (d) or otherwise exempt by law from
disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL",
or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be
liable or responsible for the disclosure of any such records including, without limitation,
those so marked if disclosure is deemed to be required by law or by an order of the
Court. Proposers which indiscriminately identify all or most of their proposal as exempt
from disclosure without justification may be deemed non-responsive .
In the event the City is required to defend an action on a Public Records Act request for
any of the contents of a proposal marked "confidential", "proprietary", or "trade secret",
the proposer agrees, upon submission of its proposal for City's consideration, to defend
and indemnify the City from all costs and expenses, including attorneys' fees, in any
action or liability arising under the Public Records Act.
9. QUESTIONS
Request for Proposals (RFP)
The Farm Specific Plan and GPA 16-001 5 City of San Juan Capistrano
Questions regarding this RFP should be sent in writing to Art Bashmakian, Contract
Planner via e-mail to: abashmakian@sanjuancapistrano.org. Questions concerning
information already contained in the RFP will be answered in writing and provided to all
firms who have been sent the RFP or have advised the City's project manager that they
are preparing a proposal. Questions requiring clarification or additional information may
be addressed in an addendum to this RFP. All City correspondence involving questions
and answers related to this RFP, will be provided to all other known proposers.
Attachments:
1-Project Description & Scope of Work Requirements
2-Standard City Professional Services Agreement (PSA)
3-D raft Specific Plan from the applicant for reference
SCOPE OF WORK REQUIREMENTS FOR THE PREPARATION OF AN
IN ITI AL STU DY (I S) TO DETERMINE IF THE PROJECT QUA LI FIES
FOR AN ADDENDUM TO TH E PREV IOUSLY CER T IFIED EI R
(S P IEKE R CO NTIN UING CARE RETIREME NT COMM U NI T Y),
SUBSEQUENT EIR OR SUBSEQUENT MITIGATED NEGATIVE
DECLARATION. OR A NEW MITIGATED NEGATIVE DECLARATION
OR EIR FOR
GENERAL PLAN AMENDMENT (GPA) 16 ~001 , THE FARM -TO AMEND THE
LAND USE DESIGNATION FROM AGRI-BUSINESS TO SPECIFC
PLAN/PRECISE PLAN TO ACCOMMODATE UP TO 180 UNIT RESIDENTIAL
DEVELOPMENT
The Initial Study for the proposed project will provide an analysis and identification of
potentially significant, adverse, environmental impacts of the proposed modification to
the previous project consistent with the provisions of the California Environmental
Quality Act and the City's adopted Environmental Review Guidelines.
1. PROJECT DESCRIPTION
1.1. Project Location: The project is located in the City of San Juan Capistrano
in Southern Orange County. The proposed project is located on approximately 35
acres at 32382 Del Obispo Street. The site is currently vacant, but until 2014, it
was a commercial nursery site containing an Armstrong Garden Center and a
regional distribution and growing facility that contained several green houses,
growing areas, storage sheds, office space for employees, and associated
facilities . The project site is generally bordered to the west by Del Obispo Street,
to the east by Alipaz Street, to the south by Via Positiva and Kinoshita
Elementary School, and to the north by a 55+ mobile home park community and
a church with K-8 private academy.
1.2. Project Description: The proposed GPA 16-001 amends the City's
General Plan Land Use Designation of the project site from Agri-Business to
Specific Plan/Precise Plan to accommodate up to 180 residential units on a 35
acre site. The project is a master-planned community which would also include
walking/riding trail that would lead from Del Obispo Street to the Ecology Center
located on Alipaz Street (see attachment). A detailed project application is yet to
be submitted which would act as the project description for CEQA purposes.
Recognizing the lack of a precise project description at the time of the RFP, a
prospective consultant should rely on the general description and the information
from the previous EIR to generate an adequate proposal.
1.3 Project Background: From approximately 1938 to 1975, the land was
used for citrus and other agricultural production . In approximately 1975 , the site
began a transition from traditional in-ground agriculture production to use as a
plant and material warehousing, growing and distribution center. In 1994, the
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then current tenant paved large portions of the site to facilitate construction of
commercial glass greenhouses and loading docks for tractor trailer distribution
vehicles. No portion of the site has been used for in-ground agriculture
production since 1998. In 2014 the Agricultural tenant relocated to another
County where agricultural uses were more productive and infrastructure of both
water and work force was available.
The site was previously approved (October 21, 2014) for a Continuing Care
Retirement Community Project consisting of 407 independent living units with
amenities for residents not requiring daily assistance and a 101 unit health care
center for residents needing daily assistance including memory support or direct
medical assistance. An EIR was prepared and certified for this project. However,
Council overturned the approval of this project on December 16, 2014.
1.3. Discretionary Actions: Project implementation will necessitate approval of
the following discretionary actions: General Plan Amendment, Specific Plan,
Tentative Parcel Map, Architectural Control, and grading plan modification.
Additionally, a development agreement will be executed between the City and
the developer.
1.3.1 General Plan Amendment The General Plan land use designation
of the site will be amended from Agri-business to Specific Plan/Precise
Plan.
1.3.2 Specific Plan A specific plan will establish the land use and
development plan for the site.
1.3.3 Lot Line Adjustment To move the lot lines and entirely contain an
existing commercially developed area separate from the project area. .
1.3.4 .Development Agreement identifying the terms, conditions, and
regulations for the development of the Property; and identifying
Developer's obligations to make certain public improvements or the
payment of fees, associated with the Project.
2. TECHNICAL STUDIES/REPORTS: The consultant will review the proposed
project and determine if any additional technical studies/reports are required to be
prepared in order to determine if the project qualifies for an Addendum to the previously
certified EIR, Subsequent EIR or Mitigated Negative Declaration, or a new Mitigated
Negative Declaration or EIR. The City will provide the consultant with the Final EIR for
the Continuing Care Retirement Community project.
3. CONTENTS OF THE SCREENCHECK DRAFT INITIAL SUTYD (IS). The
contents of the screencheck draft Initial Study shall be consistent with all applicable
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prov1s1ons of the California Environmental Quality Act and include all information
required by the CEQA environmental checklist with details as follows:
A. Project Description: The project description shall provide, at a minimum,
the following information :
1. The precise location and boundaries of the proposed project shown
on a detailed topographic map, preferable a USGS seven and one-
half minute quadrangle. The general location of the project
depicted on a regionally-scaled or County map.
2 . A statement of the project's proposed objectives.
3 . A general description of the project's technical, economic, and
environmental characteristics, considering the primary engineering
proposals if any, and supporting public service facilities.
4 . A statement of the intended of uses of the initial study (IS) including
a list of the public agencies which are expected to use the initial
study (IS) in their decision-making, and a list of the public agency
discretionary approvals being sought.
5 . The name or title of the proposed project and the name and
address of the project proponent(s).
6 . A brief description of the existing and proposed land uses, Zoning
Map classifications, and General Plan Land Use designations.
B. Surrounding Land Use & Project Setting: This section shall contain a
description of the natural and built environment in the vicinity of the project
site as it exists without implementation of the project and from both a local
and regional perspective. Special emphasis shall be placed on
environmental resources that are rare or unique to the City of San Juan
Capistrano especially with respect to viewsheds, historical sites and/or
structures, hillsides/ridgelines, and mature specimen trees. This section
will include a general discussion of any inconsistencies between the
proposed project and the General Plan or any regional plans (e.g.
SCAQMD Regional Air Quality Management Plan, Orange County
Transportation Authority (OCTA) Master Plan of Streets & Highways,
Southern California Association of Governments (SCAG) Regional
Mobility Plan). This section will also include a brief description and
accompanying map of planned projects (public and private) in the vicinity
for the purpose of evaluating potential, cumulative environmental impacts.
Finally, this section will include a description of existing surrounding land
uses and an area map depicting the location of surrounding uses in
relationship to the project site.
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c . Other Required Agency App rovals: This section shall contain a list of
County, State, and Federal agencies with permitting authority over any
aspect of the project, a brief statement as to the basis of permitting
authority, a statement as to the specific project aspect requiring such
permitting, and the type of permit required by that agency (e.g. Caltrans
encroachment permit or plan approval; Orange County Flood Control
District encroachment permit or plan approval; Department of Fish &
Game Section 1600/1601 Streambed Alteration Agreement; US Army
Corps of Engineers Section 404 permit; etc.).
D. Discussion of Environmental Evaluation: This section will include a
discussion of the potentially significant environmental impacts, mitigation
measures to reduce significant impacts to a level of insignificance, and a
statement as to whether mitigation measures will reduce impacts to a level
of insignificance. The determination of significance will be based on
significance thresholds established by the City's adopted Environmental
Review Guidelines. The evaluation section will contain appropriately
detailed analysis and discussion of those environmental criteria deemed
"Potentially Significant lmpacf' and "Potentially Significant Impact Unless
Mitigated''. Where the project would result in "No lmpacf' or "Less Than
Significant lmpacf' for a particular environmental criteria, the Initial Study
will include a brief discussion which supports such a finding.
Recommended mitigation measures must comply with CEQA
requirements in terms of effectiveness and feasibility . Where alternative
mitigation measures are available to address a specific impact, the study
shall include a recommended measure and discuss the reason(s) for
selecting a particular measure over other alternative measures.
E. Process Documentation : An appendix shall be provided which contains all
official documents related to processing including the "Initial Study",
"Notice of Intent to Adopt an Negative Declaration", "Notice of
Determination (NOD)", Planning Commission meeting minutes and City
Council meeting minutes, etc.
F. Refe rences : All pertinent materials, studies, or persons consulted in the
preparation of the study shall be listed within a separate section of the
report. The identity of all Federal, State, and local agencies, or other
organizations and private individuals consulted in the preparation and the
identity of all persons, firms, and City staff preparing the study by contact
or other authorization, shall also be listed. The text shall include footnote
references or other means of reference consistent with professional style
manuals.
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4. CONTENTS OF THE REVISED SCREENCHECK DRAFT INITIAL STUDY. The
contents shall include the Screencheck Draft Initial Study with revisions as
directed by the City's project manager. The City's Environmental Administrator
will use the revised screencheck draft Initial Study along with the proposers
determination that the project either qualifies for an Addendum to the previously
certified EIR, subsequent EIR or Mitigated Negative Declaration or a new
Mitigated Negative Declaration or EIR to either confirm the proposers
determination or determine an alternative CEQA action .
5. CONTENTS OF THE PUBLIC REVIEW DRAFT INITIAL STUDY. The contents
shall include the City-approved Revised Screencheck Draft Initial Study with any
revisions directed by the City's project manager, and the appropriate notice
based on the determination of the type of CEQA document appropriate for the
project.
6. CONTENTS OF THE DRAFT LNITIAL STUDY (IS): The contents shall consist of
the following :
A. The text of the Public Rev iew D ra ft In itia l Stu dy (I S).
B. Comme nts & Responses to Co mments: All written comments received on
the proposed CEQA document during the public review process, and
appropriate responses to comments consistent with the requirements of
CEQA.
7. MEETINGS: The consultant shall include provision for attending the following
meetings and making presentations at the public meeting/hearings:
7.1 One (1) orientation/kick-off meeting with City staff (1 hour).
7.2Three (3) project status/update meetings with City staff, if needed (1 hour
each).
7.31f necessary, four (4) public meeting/hearing (9.0 hours).
8. SCHEDULE: The consultant's proposal will include a proposed schedule which
provides for the most efficient and expeditious preparation of the Initial Study to
determine if the project qualifies for an Addendum to the previously certified EIR,
Subsequent EIR or Subsequent Mitigated Negative Declaration to a previously
certified EIR, or a new Mitigated Negative Declaration or EIR.
9 . NOTICES: The consultant shall be responsible for posting~ necessary notices
with the County Clerk and State Clearinghouse (SCH) including the "Notice of
Intent to Adopt" and the "Notice of Determination (NOD)." Including Notices
related to Native American Consultation Notes & Correspondence under
Assembly Bill 52 and Senate Bill 18
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10. DELIVERABLES: The consultant shall provide the following deliverables in
accordance with the work schedule:
10.1 A CD-R disk (MS Word format) and two (2) hardcopy of the Screencheck
document.
10.2 A CD-R disk (MS Word format and pdf) and three (3) hardcopies of the
Final document.
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