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18-1105_LSA ASSOCIATES, INC._E16_Agenda Report JUAN 111512018 17 A eA 4� E16 City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: fonjamin Siegel, City Manager SUBMITTED BY: Joel Rojas, Development Services Director PREPARED BY: Sergio Klotz, Assistant Development Services Director DATE. November 5, 2018 SUBJECT: Professional Services Agreement with LSA Associates, Inc- for the Preparation of an Initial Study (IS) and Subsequent Environmental Documents for the Proposed "Ganahl Lumber Development Project" (Property Owner: City of San Juan Capistrano, Applicant: Ganahl Lumber Co.) RECOMMENDATION: Approve and authorize the City Manager to execute a Professional Services Agreement with LSA Associates, Inc. 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 $221,835, to be funded by the applicant. EXECUTIVE SUMMARY: Staff has solicited and received proposals from environmental consulting firms for the preparation of an Initial Study (IS) for a proposed Ganahl Lumber Development Project on the City-owned "Lower Rosan" property, located on the north side of Stonehill Drive between San Juan Creek and the railroad right-of-way (Attachment 1). Staff has reviewed the proposals and is recommending that the City Council approve a Professional Services Agreement with LSA Associates to prepare an Initial Study and subsequent CEQA documentation (Attachment 2). DISCUSSI ONIANALYSIS: On August 1, 2717, the City Council approved an Exclusive Negotiation Agreement (ENA) with Ganahl Lumber Company for the development of the City's Lower Rosan Ranch property, The ENA establishes a period during which the parties can assess the viability of any proposed project and negotiate the terms of a Development Agreement. Approval City Council Agenda Report November 5, 2018 Page 2 of 4 of the ENA does not {rind the City in any way to a specific project or future sale of the property to Ganahl. On June 6, 2018, the Applicant formally submitted pians for the development of the Ganahl Lumber Development Project. The applicant proposes to subdivide the 15.97 acre site into five lots. Lots 1 and 2 would contain future food uses with drive-through lanes totaling approximately 5,000 square feet. Lot 3 would be developed with a Ganahl Lumber Hardware Store with approximately 130,785 square feet of commercial, storage and office space, along with associated improvements. Lots 4 and 5 have been designed to accommodate surplus vehicular storage for the adjacent auto dealers. Proposed food uses for Lots 1 and 2 have not been identified at this time and will likely require their own future entitlement review process. Ganahl Lumber has a unique operation which provides material display for walk-in customers, as well as a layout that gives customers the ability to drive vehicles into or adjacent to structures providing loading or pick-up of larger items. The project also includes parking areas for customers and employees. Adjacent to the main retail building would be a historic head saw reflective of the history of Ganahl Lumber in the region and possibly an operating wind turbine reflecting the company's commitment to utilizing green technologies. The proposed project requires entitlement applications that include a Conditional Use Permit, Architectural Control, Grading Pian Modification, Tree Removal Permit, Sign Program, Floodplain Land Use Permit, Tentative Tract Map, Development Agreement or Agreement Affecting Real Property (AARP), and preparation of the appropriate CEQA document. The submitted plans have been reviewed by the various City departments and Orange County Fire Authority for completeness. In addition, the design and layout of the proposed project was reviewed by the Design Review Committee on September 13, 2018. The application package is ready to begin the environmental review process. Environmental Consultant- Initial Study In September 2018, staff issued a Request For Proposals (RFP) to two firms on the City's list of qualified firms for the preparation of an Initial Study. An Initial Study is a preliminary analysis to determine if the proposed project may have a significant effect on the environment. The Initial Study will determine if the project qualifies for a Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR). In response to the RFP. the City received proposals from both firms. Each proposal identified the cost for preparing the Initial Study, along with the cost of each probable environmental document. The costs identified in each proposal are summarized as follows- City Council Agenda Report November 5, 2018 Page 3 of 4 ■ $35,000 $112,000 Associates $109,835 (144,835) (221,835) Placeworks $81 ,293 NA $67,153 (148,446) Staff evaluated the proposals, focusing on each firm's qualifications and experience. As a result of the review process, staff determined that LSA Associates is best suited to prepare the necessary Initial Study and subsequent environmental documents. The project Applicant is in agreement with staff's selection. 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. Once the appropriate CEQA document is completed, the CEQA document, along with the proposed project, 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 proposed agreement with LSA Associates, Inc., 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 August 1, 2017, the City Council approved an Exclusive Negotiation Agreement (ENA) with Ganahl Lumber Company for the development of the City's Lower Rosary Ranch property. City Council Agenda Report November 5, 2018 Page 4 of 4 COMWSSIONICOMMiTTEE1BOARD REVIEW AND RECOMMENDATIONS: On September 13, 2018, the Design Review Committee reviewed the Applicant's craft plans and provided informal feedback on the project's design and layout. NOTIFICATION: Interested Parties Notification List Ganahl Lumber Co. LSA Associates Placeworks ATTACHMENTS : Attachment 1 — Project Vicinity Map Attachment 2 - Professional Services Agreement with LSA Associates V i N' 4100 �' �� 4FM i - r . Z ► �� r •'y� I Site v 4• Vp J.Ar tr � _ •`�rr• r 5 A3 St°�ei Dr i r - s ■ CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of !November 5, 2018 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 principai 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 299, Irvine, CA 92614 (hereinafter referred to as "Consultant"). City and Consultant are 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 environmental document for Ganahl Lumber project (AC18-021) (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such service's. 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 $221,835- 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. 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 1 0 1147.02100\10974 777.2 Undated April 2018 ATTACHMENT 2 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, 2019. The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. 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 shalt, 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_ Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/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 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- 2 1147.02 1{3011 09 74 777.2 Updatui April 2018 9. Assignment and Subconsultant 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 stall 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 skull 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. Commercial General Liability (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. (il) 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 (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 3 61 147.0210010974777 Updated Apni 2018 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 Liabiiit (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' CompensationlEmptoyer's Liability_ (i) Consultant certifies that hels he is aware of the provisions 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 lErrur_s_and Omissions At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in 4 6114702 1 00\10974 777.2 Updawd April 2018 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 Poll(, Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,400 per occurrence Professional Liability $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. Ail 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 (10) days prior written notice of cancellation of any such policy due to nor -payment of premium_ If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General 5 51 147.021 GM 10974777.2 Updated April 2018 Liability Additionai Insured Endorsement to the City at least ten (10) 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-matte 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 toss. 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) A0 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:VI1 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 (1) 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 #imlted to, the {provisions concerning indemnification. 6 h 1 147.021UDII IJ97}777.= Updarod April?[118 (i1) 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), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in !aw or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any 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 damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 13. California 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 7 G 1 147.02100\10974777-2 updaItsd April 2018 ("Prevailing Wage Laws"). 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. 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 (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Cone Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777,1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the smalt project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement 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. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services. including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of industrial Relations against Consultant or any subcontractor. 14. Verification 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 1985, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. Reserved. 16. Laws and Venue- 6 1 enue.61 14 7.02 1 0111 0974 7 7 7 !V&iicd April 1018 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. 17 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the worm under this Agreement by giving ten (10) calendar days written notice to Consultant. in such event, City shah 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 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 va#ue 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. 18 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. 19. Organization Consultant shall assign Ryan Bensley as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. t_imitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. 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. 9 61 14 7.02100\10974777.1 1lpduled Apri12018 CITY= CONSULTANT: City of San Juan Capistrano LSA Associates, Inc, 32400 Paseo Adelanto 20 Executive Park, Suite 200 San Juan Capistrano, CA 92675 Irvine, CA 92614 Attn: Sergio Klotz., AICP, Assistant Attn. Rob McCann, Chief Executive Officer Development Services Director and shall be effective upon receipt thereof 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment- 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. 24. Entire Agreement Th1s 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- 25 Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26- 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. 27. Non-Waiver 10 [r V 1 d 1.021{}IA f 11974777.2 t1pdated April 20t8 None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. 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. 30. 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 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 s 1 147.02100%10974777.; Opd.ud April:{118 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREENFENT BETWEEN THE CITY OF SAN JUAN CAPLSTRANO AND LSA ASSOCIATES,INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO LSA ASSOCIATES, INC. - ' � Benjamin Siegel City Manager its, Printed Name: t tide -fn,-4 ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney 12 611410210011 9747772 Updowd Apmd 2018 EXHIBIT A Ganahl DevelopmentProject The City of San Juan CapistranoSCOPE OF WORK STATEMENT OF UNDERSTANDING Introduction The proposed project would be located on an approximately 16.5-acre site in the City of San Juan Capistrano in southern Orange County. LSA understands that the proposed project includes the subdivision of the project site to facilitate the development of restaurant uses with drive-through lanes, a Ganahl Lumber Hardware Store with approximately 130,785 square feet of commercial, storage, and office space, and surplus vehicle storage for nearby auto dealers. LSA understands that the proposed project would require multipie discretionary actions from the City,which are described below. Existing Project Site The project site is located on approximately 16.5 acres on the north side of Stonehill Drive, adjacent to San Juan Creek to the west, an existing mobile home neighborhood to the north, and railroad right-of- way to the east. The project site has been used to store excess new vehicle inventory for nearby auto dealerships since approximately 2008. Regional access to the project site is provided by Interstate 5 (I-5),which traverses San Juan Capistrano in a north south direction. The project site has a General Pian Land Use designation of Quasi Industrial and is zoned as a Commercial Manufacturing District. Existing land uses surrounding the project site include a mobile home neighborhood to the north, railroad tracks and car dealerships to the east, a plant nursery to the south, and San Juan Creek and park space to the west. Land uses to the north and east of the project site are within San Juan Capistrano, and land uses to the south and west of the project site are within the neighboring city of Dana Point. Project History On August 1, 2017, the City Council approved an Exclusive Negotiation Agreement (ENA) between the City of San Juan Capistrano and Ganahl Lumber Company (Applicant) for the development of the City's Lower Rosan Ranch property. The ENA establishes a period when the City and the Applicant desire to explore the feasibility of the Applicant acquiring the project site for the purpose of constructing and operating the proposed project. Approval of the ENA does not bind the City in any way to a specific project or future sale of the property to the Applicant. Proposed Project The proposed project includes the subdivision of the project site into five lots. Lots 1 and 2 would contain future restaurant uses with drive-through lanes totaling approximately 5,000 square feet. Lot 3 would be developed with a Ganahl Lumber Hardware Store with approximately 130,785 square feet of commercial, storage, and office space along with associated improvements. Lots 4 and 5 have been designed to accommodate surplus vehicular storage for nearby auto dealers. Proposed restaurant uses for Lots 1 and 2 have not been identified at this time and will likely require their own future entitlement 3 IdIENL 1.. Ganahl Development T-he City of San Juan Capistrano review process.At this time,only landscaping along the perimeter and access points are identified along with the potential locations of structures and drive-through lanes on the site. Located on Lot 3, the Ganahl Lumber Hardware Store reflects the improvements proposed to facilitate the operation of a commercial store. Ganahl Lumber has a unique operation that provides material display for walk-in customers as well as a layout that gives customers the ability to drive vehicles into or adjacent to structures providing loading or pick-up of larger items. The project also includes parking areas for customers and employees. Adjacent to the main retail building would be a historic head saw reflective of the history of Ganahl Lumber in the region and possibly an operating wind turbine reflecting the company's commitment to utilizing green technologies. The project will require a number of discretionary actions for full implementation. Required discretionary actions include the following: Architectural Control (AC), Grading Plan Modification (GPM), Tree Removal Permit (TRP), Sign Permit Program (SP), Floodplain Land Use Permit (FP), Discretionary Use Permit/Conditional Use Permit (CUP), and Tentative Tract Map (TTM). Additionally, one or more of the following will be executed between the City and the Applicant; a Development Agreement (DA), Disposition and Development Agreement (DDA) or Agreement Affecting Real Property (AARP). Discretionary actions associated with the proposed project are described in further detail below. Required Discretionary Actions • Architectural Control (AC): The proposed project would require review and approval of the site plan, architectural design of the structures, lighting, site amenities, and landscape. The applicant introduced associated architectural plans to the City's Design Review Committee (DRC) on September 13, 2018.The DRC comments did not affect the site plan as proposed. • Grading Plan Modification (GPM): The proposed project would require approval of on-site grading and elevations to create building pads, parking areas, and pedestrian access. Tree Removal Permit (TRP): The proposed project would require the review and evaluation of any project impacts related to the removal of trees. Sign Permit Program (SP): The proposed project would require the review and evaluation of the project's sign program. • Floodplain Land Use Permit (FP):The proposed project would require the review and evaluation of any potential impacts to San Juan Creek. • Discretionary Use Permit/Conditional Use Permit (CLIP): The proposed project would require the review and evaluation of any potential impacts related to the drive-through restaurants. • Tentative Tract Map(TTM):The proposed project would require review of the proposed subdivision of the project site to create five buildable lots. - 4 rhe City of San Juan Capistrano• Development Agreement (DA), Disposition and Development Agreement (DOA) or Agreement Affecting Real Property (AARP): The proposed project would require an agreement between the City and the Applicant outlining obligations of both parties and specifying the standards and conditions that will govern the sale and development of the project site. PROJECT APPROACH LSA's experience working directly on the project site, as well as experience working elsewhere in the City (e.g., The Farm Specific Plan) has afforded LSA an opportunity to gain an in-depth understanding of the existing conditions and environmental constraints in the project vicinity as well as an understanding of the sensitive environmental issues within San Juan Capistrano (e.g., cultural resources, architectural compatibility, traffic). This knowledge will allow LSA to effectively and efficiently analyze the proposed project. LSA proposes to supplement preparation of the Initial Study with supporting technical work, including a Traffic Impact Analysis (TIA). The Applicant will be responsible for providing the supporting technical analyses with respect to air quality/GHG emissions, biological resources, cultural and paleontological resources, hazardous materials, geology and soils, noise, hydrology, and water quality, which will be peer reviewed by LSA. This will ensure the Initial Study will he adequate for the City to determine the level of documentation required for CEQA compliance. Once the Initial Study is complete, LSA will meet with City staff to review the conclusions in the document. The Initial Study may determine that the proposed project has the potential to result in significant unavoidable impacts to the environment. If this is the case, the preparation of an EIR is required. The Initial Study may also determine that all potentially significant impacts of the proposed project can be mitigated to a less than significant level. If this is the case, the City will have the option to prepare an ND or an MND. The City may also choose to prepare an EIR in order to be afforded a more deferential standard of judicial review(i.e.,substantial evidence vs.fair argument). CLIENT INFORMATION REQUIRED The following information will be required in order to adequately address all of the initial Study checklist questions and should be provided by the Applicant: A detailed project application, which wilt be used to develop the Project Description • Conceptual site plans, including proposed elevations of buildings, landscaping, and access points Preliminary grading information, including depth of excavation (if known) and whether import or export of soils will be required • Construction information, including length of construction and phasing, average number of daily workers,anticipated construction equipment, and staging area (if known) Air Quality/GHG Emissions Report Arborist Report • Biological Resources Report S %- •• GanahlDevelopment Project rhe Cityof Juan Capistrano • Paleontological Resources Report • Cultural Resources Report ■ Preliminary Sewer Study Soils/Geotechnical Report ■ Noise Impact Ana lysis • Hydrology and Hydraulics Analysis • Preliminary Water Quality Management Plan Lighting plans, including specifications of light fixtures and lumens, if available • Conceptual infrastructure improvement plans (e.g., water, sewer, storm drain, and electricity connections) F Hazardous studies (environmental constraints analysis) for the project site, including a Phase I Environmental Site Assessment (ESA) and/or an Environmental Data Resources, Inc. (EDR) Radius Map,or the equivalent thereof SCOPE OF SERVICES Based on LSA's understanding of the project, the project area, and the project site (a site visit was conducted by LSA in October 2018), LSA anticipates that preparation of a preliminary Initial Study 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 Initial Study checklist questions. LSA has included preparation of a T1 to address impacts related to traffic, which is outlined in Task 2.0. The Applicant will be responsible for providing the supporting technical analyses with respect to air quality/GHG emissions, biological resources, cultural and paleontological resources, hazardous materials, geology and soils, noise, hydrology, and water quality, which will be peer reviewed by LSA. Upon completion of the Initial Study, LSA and the City will determine whether an MND or an EiR will be required to adequately assess potential environmental impacts of the project under CEQA, Task 1.0: Project Initiation and Project Description LSA will prepare a thorough Project Description for use in the Initial Study preparation. LSA will meet in person with the City's 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 name of the proposes! project and the name and address of the Applicant • The precise location and boundaries of the proposed project shown on a detailed topographic map • A conceptual site plan • A statement of the project's proposed objectives - —020 - — `T 6 Ganahl Development Project -M_ I ]] The Cfty of •n Juan Capistrono + A general description of the project's technical,economic, and environmental characteristics • A discussion of supporting public service facilities A statement of the intended use of the Initial Study, including a list of public agencies that are anticipated to use the document in their decision-making A list of required discretionary approvals • 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. Task 2.0:Technical Analyses, Peer Reviews,and Related Support In order to substantiate the findings of the Initial Study, preparation of a TIA is proposed. Per the City- issued Request for Proposal {RFP} and information provided by City staff, the Applicant will provide the supporting technical analyses with respect to air quality/GHG emissions, biological resources, cultural and paleontological resources, hazardous materials, geology and soils, noise, hydrology, and water quality, which will be peer reviewed by LSA. Preparation of these technical analyses will assist in determining the appropriate level of environmental documentation for the proposed project. Although these technical studies could be prepared at a later date, they will be required for any future CEQA documentation in order to provide substantial evidence, as required under CEQA, when evaluating a project's potential impacts.The preparation of these studies at the time the Initial Study is prepared will provide the City with a more comprehensive and legally defensible document upon which to make a determination for future documentation. For each of the peer reviews outlined below, it is assumed that an LSA technical specialist will complete an initial review of the report and provide comments in a letter that will be submitted to the City for transmittal to the Applicant's consultant. The comment letter will provide recommendations for any corrections or additions needed to make the report adequate for project review under CEQA.After each report has been revised, as necessary, to address the comments raised during the peer review process, LSA's technical specialist will conduct a second review to confirm that each of its comments has been addressed and any requested modifications have been satisfactorily incorporated into the revised report. This scope of work and budget is based on the assumption that the technical analyses are generally adequate for incorporation into the Initial Study and will not require major revisions. Tusk 2.1: Traffic Impact Analysis The TIA will be prepared by LSA pursuant to the City of Soo Juan Capistrano(City)Scope of Work for the Preparation of a Focused TIA for the Ganohl Commercial Development•Project Administrative Policy 310, Preparation and Use of Traffic Reports; Orange County Congestion Management Program (CMP) TIA Guidelines; and provisions of CEQA. _ 7 Development Project - The CitV of Son rn Capistrano 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 Pius Project Plus Buildout 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. Subtask 2.1.1: Coordination with City Staff. LSA will coordinate with representatives of the Development Services Department and/or Pubec 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 staff includes the future circulation network assumptions for buildout conditions (the Master Plan of Arterial Highways network or the Constrained network). Subtask 2.1.2: Data Collection. 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 ti.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 Jas required pursuant to Administrative Policy 310). National Data &Surveying Services will be the independent count company used to collect the traffic counts. 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 11 intersections and 7 roadway segments (consistent with the study area of the City-issued Scope of Work for this project). 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. 8 Deveiopment Project jThe City of ►n Juan Capietrono Buildout Conditions: A buildout year (future, long-term) scenario corresponding to the build out of the City's General Plan will be analyzed. To develop the forecast year conditions, LSA will utilize the Orange County Transportation Analysis Model(OCTAM). 5ubtask 2.1.3: 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 Administrative Policy 310). An average daily traffic (ADT) 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. 5ubtask 2.1.4: 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 Institute of Transportation Engineers (ITE) Trip Generation Manual, or trip rates developed from information provided by Ganahi (to be discussed with and approved by City staff). Project-related trips will be distributed through the study area intersections based on a select zone assignment obtained from OCTAM. 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 buildout conditions will be based on OCTAM. 5ubtask 2.1.5: Project Impact Assessment. a. Existing Plus Project: 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 determine peak-hour intersection and roadway LOS. Project impacts will be identified assuming existing intersection geometrics. b. 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 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 Ganahl Development rhe City of Son Juan Capistrano roadway segments to determine the ability of the circulation system to provide acceptable LOS within a short-term horizon (opening year of the project). c. Buildout 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 Pian Buildout) horizon. The Buildout Plus Project condition will be based on output from OCTAM.The resulting forecast traffic volumes will be examined to determine peak-hour intersection and roadway segment LOS. d. 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 evaluate the potential for vehicle queues, the need for acceleration/deceleration lanes and traffic control devices, 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 of the project and determine whether adequate parking wi11 be provided on site. A traffic signal warrant will be conducted at Stone hiII Drive and the main project driveway. e. Mitigation Measures: Based on the results of the project impact assessment, mitigation measures (physical and/or operational) will be proposed to address impacts created by the project in the Existing, Cumulative, and Buildout conditions. Mitigation measures (if any) will be consistent with City Council Administrative Policy 1T1 (Fair Share Methodology). f. Preparation of Traffic Impact Analysis: A TIA will be prepared discussing the Existing, Cumulative, and Buildout (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. U pon completion of the review, LSA will modify the draft report to address the City's comments and submit the Final TIA. As part of the TIA review and approval process, LSA will attend up to six meetings and/or public hearings as outlined in the RFP. Task 2.2: Technical Peer Reviews Subtask 2.2,1: Air Quality/Greenhouse Gas Emissions Report Peer Review. LSA will review the air quality and GHG analysis for the proposed project prepared by the Applicant's consultant. The peer review will focus on the content and accuracy of the analysis in accordance with the ern ission calculation procedures from the South Coast Air Quality Management District (SCAtQMD) CEO,A Air Quality Handbook. The task will also include the evaluation of the project's consistency with the City's General Plan, the SCAQMD Air Quality Management Plan, the California Climate Change Scoping Plan, and the State Implementation Plan (SIP). Subtask 2.2.2:Arborist Report Peer Review.An LSA biologist certified as an arborist by the International Society of Arboriculture (ISA) will conduct a peer review of the arborist report prepared for the i 10 Ganahl Development ■ The City of Son Joan Capistrono proposed project by the Applicant's consultant. The report will be evaluated for consistency with local policies and ordinances regarding tree removal. Subtask 2.2.3: Biological Resources Report Peer Review. LSA will complete a peer review of the biological resources report prepared for the proposed project by the Applicant's consultant to determine compliance with State CEQA Guidelines.The review will include an evaluation of the methods and conclusions in the report for legal and scientific accuracy, in accordance with the requirements of CEQA and the State CEQA Guidelines, Subtask 2.2.4: Paleontological Resources Report Peer Review. The RFP issued by the City suggested that two separate studies prepared by the Applicant's team would address the potential to encounter paleontological resources on the project site; however, in LSA's experience, this environmental issue is typically evaluated within a single technical study. Therefore, LSA will complete a peer review of one paleontological resources report prepared by the Applicant's consultant to determine compliance with CEQA guidelines.The review will include an evaluation of the methods and conclusions in the report for legal and scientific accuracy, in accordance with the requirements of CEQA and the State CEQA Guidelines. Subtask 2.2.5: Cultural Resources Report Peer Review. The RFP issued by the City suggested that two separate studies prepared by the Applicant's team would address the potential for the project to impact culturat resources on the project site; however, in LSA's experience, this environmental issue is typically evaluated within a single technical study. Therefore, LSA will complete a peer review of one cultural resources report to determine compliance with State CEQA Guidelines and Assembly Bill (AB) 52. The review will include an evaluation of the methods and conclusions in the report for legal and scientific accuracy, in accordance with the requirements of CEQA and the State CEQA Guidelines. Subtask 2.2.5: Environmental Constraints Analysis Peer Review. LSA will review the Environmental Constraints Analysis prepared by the Applicant's consultant, which is presumed to be a Phase I ESA, to determine if it provides adequate information regarding the presence of Recognized Environmental Conditions (RECs) on the project site to prepare the Hazards and Hazardous Materials section of the Initial Study. If necessary, LSA will recommend additional analysis. The review will not constitute an engineering-level review to confirm that the Phase I ESA was prepared in a manner consistent with American Society for Testing Materials(ASTM) Standard Practice E 1527-13. Subtask 2.2.7: Geotechnical Report Peer Review. LSA will review the Geotechnical Evaluation prepared for the proposed project by the Applicant's consultant to determine if it contains the necessary information to prepare the Geology and Soils section of the Initial Study. LSA will also review the Geotechnical Evaluation for its consistency with recommendations in California Division of Mines and Geology's (CQMG) (Vote 45: Guidelines for Geologic/Seismic Considerations in Environmental Impact Reports. If necessary, LSA will recommend additional analysis. The review will not constitute an engineering-level geotechnical review. Subtask 2.2,8: Noise impact Report Peer Review. LSA will conduct a peer review of the Noise Impact Report prepared for the proposed project by the Applicant's consultant. LSA will review the documented 11 T r] Ganahl Development Project II r• rhe CitV of Sun Jualle noise levels described in the report and will review the assessment of the land use compatibility associated with the project site based on City and State noise compatibility criteria. LSA will also review the findings on potential impacts related to project construction and operations to off-site noise sensitive receptors. Noise reduction measures identified in the report, if necessary, will be reviewed for adequacy in reducing noise impacts to a less than significant level. Subtask 2.2.9: Preliminary Hydrology and Hydraulics Analysis Peer Review. LSA will review the Preliminary Hydrology and Hydraulics Analysis prepared for the proposed project by the Applicant's consultant to determine whether it contains the necessary information related to storm water and flood control for preparation of the Hydrology and Water Quality section of the Initial Study. LSA will also review the Hydrology Study for consistency with the requirements of the Orange County Hydrology Manual. Review of the Preliminary Hydrology and Hydraulics Analysis will be limited to those policies, requirements, and topics relevant to the CEQA analysis and will not constitute an engineering-level technical review. Subtask 2.2.10: Preliminary Water Quality Management Plan Peer Review. LSA will review the Preliminary Water Quality Management Plan (PWQMP) prepared for the proposed project by the Applicant's consultant to determine if it contains the necessary information related to water duality for preparation of the Hydrology and Water Quality section of the Initial Study. LSA will also review the PWQMP for consistency with the requirements of the Model WQMP, Technical Guidance Document, and Hydromodification Management Plan. LSA will review the appropriateness of the pollutants of concern, downstream impairments, and Low Impact Development (LID),Site Design,Source Control,and Hydromodification 'best management practices (BMPs) identified for the project site. Review of the PWQMP will be limited to those policies, requirements, and topics relevant to the CEQA analysis and will not constitute an engineering-level technical review. Task 2.3: Native American Consultation Support under AB 52 Using the results of the Sacred Lands File Search, which is expected to be provided by the Applicant, LSA can provide support to the City in the consultation effort required under AB 52. Tasks performed by LSA may include any or all of the following: (1)drafting a letter to each identified tribe that includes a project description, an invitation to consult on the project, and a request for cultural information pertaining to the project site; (2J mailing the letters via certified mail; and (3) depending on whether a response has been received,following up with up to two telephone and/or emaiIs to ensure that the tribe has had the opportunity to comment. All details of the consultation process, including records of written and verbal communications, will be included in a letter report provided to the City. Task 3.0: Preparation of the Initial Study Preparation of the Initial Study will include two separate drafts, including a 5creencheck/Draft Initial Study and a Revised Screen check/Draft Initial Study.A Public Review Draft could be applicable once the appropriate CEQA document has been determined. The drafts of the Initial Study, which are outlined in Tasks 3.1 and 3.2, will include the following: The Project Description as outlined in Task 1.0 and approved by the City 12 DevelopmentGanahl • i' Capistrano • 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 and any 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 of those environmental criteria deemed to have a "Potentially Significant Impact," "Less than Significant Impact," or"No Impact" • Appendices containing technical documentation related to the tnitial Study analysis A list of references to all pertinent materials or studies and reports that were relied upon for preparation of the Initial Study Task 3.1:Screencheck/0roft burial 5tudy LSA will prepare a Screencheck/Draft Initial Study 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 Initial Study will incorporate the results of the TiA identified in Task 2.1 and the technical analyses provided by the Applicant, which will have been peer reviewed by LSA. For the purposes of this scope and budget, LSA will respond to one round of comments from the City, The Applicant will review the Initial Study drafts at the City's discretion. All comments must be consolidated and non-conflicting (i.e., LSA must receive one set of non-conflicting, consolidated comments per round)- Task 3 Revised Screencheck/Draft Initial Study LSA will respond to City comments on the Screencheck/Draft Initial Study and will complete the necessary revisions in redline/strikeout format for ease in reviewing the changes to the Revised Screencheck/Draft Initial Study from the previously submitted version of the document.At the time the Revised Screencheck/Draft Initial Study is submitted to the City, LSA will make a recommendation as to the appropriate level of CEQA documentation far 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 and Z under the Additional Environmental Documentation Required section below. 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 13 1v it Ganahl Development Project fThe City of San ■ Capistrono ensure there is an adequate exchange of information during project initiation and preparation of the Initial Study. 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, Attendance by the Project Manager and Principal-in-Charge is anticipated at the following project meetings and are included in the proposed Initial Study budget: • One orientation/kick-off meeting with City staff(approximately 1 hour) • Up to Five project status/update reetings, as necessary G hour each) • if necessary, four public meeting/hearings(approximately 9 hours total) Additional Environmental Documentation Required Based on the findings resulting from the analysis in the initial Study, LSA will recommend the preparation of one environmental document to comply with CEQA: either an EIR or an 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 in Approaches I and 2 below. Approach I:Enwronrnental Impact Report Upon completion of the Initial Study, if it is found that the proposed project would result in significant unavoidable impacts,then an EIR would be prepared. LSA would rely on the technical work conducted as a part of the Initial Study (Task 2.0) to prepare the EIR. Preparation of an EIR would require the following tasks: Notice of Preparation and Scoping, Screencheck EIR, Draft EIR, final EIR, and Project Management/Attendance at Meetings. Notice of Preparation and Scoping, After completion of the initial Study, LSA will prepare a Notice of Preparation (NOP) for the proposed project per Section 15082 of the State CEQA Guidehnes. The NOP will include a Project Description, the topics to be evaluated in the EIR, and the process for completing the EIR. 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 CD-ROMs) of the Initial Study/NOP. LSA will distribute the Initial Study/NOP to the Office of Planning and Research (OPR), responsible and trustee agencies, and interested parties identified on the City's mailing list. LSA will be responsible for placing an ad in a local newspaper and posting the Initial Study/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 EIR. 14 Ganahl Development Project The City of .n Juan Capistrono Screencheck EIR, LSA will prepare a Screencheck FIR For review by the City in accordance with the requirements of CEQA and the State CEQA Guidelines. The document will contain all the 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 EIR, but will be submitted for review with the Draft EIR once the level of environmental impacts is agreed Upon and the mitigation measure language is close to being finalized. The FIR that is submitted to the City will be in Screencheck form, reflecting LSA internal review and quality control. Each topic in the Screencheck EIR 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 of three 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. 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 EIR. Additional budget may be necessary if the review exceeds two rounds or if LSA receives multiple sets of comments. Draft EIR. After receiving comments from the City on the second Screencheck EIR, 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 FIR to City staff for a limited final review before printing the Draft EIR. The purpose of this review wilt 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 E1R- Before completing the Draft EIR, LSA will work with the City to update the distribution list for the NOP (as needed), compile the distribution Iist,and prepare a draft Notice of Completion (N0Q for City review and signature and a draft public Notice of Availability (NDA) of the Draft EIR. LSA will be responsible for coordinating noticing requirements, and the City will be responsible for publication of notices in news pubtirations and on the City's website. Reproduction and distribution of the NOC and Draft EIR to the State Clearinghouse and Responsible Agencies and of the NOA to interested parties wi11 be completed by LSA. In order to reduce reproduction and distribution, copies of the Draft EIR 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 £1R to the City in addition to the 15 copies of the Draft FIR required to be sent to the State Clearinghouse, which will be produces! on CD-ROM as a PDF accompanied by 15 hard copies of the - Z5 Ganahl Development Fhe City of San Juan Capistrano Executive Summary. In addition, LSA will distribute one hard copy of the complete Draft FIR and appendices to the local library for public review. Final EIR. The Final FIR will consist of three volumes. The Draft FIR and technical appendices will constitute Volumes 1 and II, and the documentation described below will be included in Volume III. Staff reports, resolutions, Findings, and the Statement of Overriding Considerations (SOC) (if necessary) related to the proposed project and FIR 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 FIR as received. LSA will work with the City and with technical report consultants to determine responsibilities for preparing the responses. Cornrnents 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 FIR is extremely difficult because it is impossible to predict the volume and nature of the comments. The 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 CD-ROMs to any agency that submitted written comments on the Draft FIR. As part of the Final FIR, LSA will prepare a Final MMRP pursuant to Cf QA Public Resources Code (PRC) 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. 16 3, :f CapistranoThe City of Son Juan 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 conference calls are also re corn mended. LSA staff will attend up to four public hearings during the City's consideration of the Final EIR. Following the City's certification of the Screencheck EIR, LSA will prepare and File an NOD with the Orange County Clerk and the State Clearinghouse.The City or the Project Applicant will provide a check for all necessary filing fees to be submitted to the Orange County Clerk. Approach 2: New Mitigated Negative Declaration Upon completion of the Initial study, the Lead Agency may choose to prepare a new MND provided all environmental impacts can be reduced to a less than significant level with mitigation. LSA will rely on the completed Initial Study and the technical analyses conducted as a part of the Initial Study(Task 2.0) to prepare the M{ND. Preparation of a new MIND would require the following tasks. Screencheck Draft Initial Study/Mitigated Negative Declaration (I5/MND). Once the City has determined that 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/MNL] w0l 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 15/1VIND will incorporate the findings of the technical studies prepared for the initial Study. The Screencheck Draft IS/MND will use any existing environmental reports and information to the greatest extent practical to minimize costs and scheduling delays. 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 (Nal)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 15/MND. LSA will submit up to ane 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 preprint 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 pubtic review, LSA will submit three printed and bound copies and 10 electronic (PDF and/or CD-ROM) copies of the 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. ■ 17 T'�: Ganahl Development ■ - 1 of rn Juan Capistrano Fhe 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 Project Applicant will provide a check for all necessary filing fees to be submitted to the Orange County Clerk. Final IS/MND, Fallowing completion of the Draft IS/MND, LSA will 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. Foliowing review of the MMRP, LSA will revise the MMRP for its incorporation in the Final IS/MND (described below). LSA will review the comment letters submitted on the Draft 1S/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 Final IS/MND, including the Response to Comments, the MMRP, and supporting documentation. LSA will submit one electronic copy(PDF and/or CD-ROM) of the preprint Final IS/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 lS/MND, LSA will submit up to two electronic (P0F and/or CD-ROM) copies of the Final IS/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 conference calls are also recommended. LSA staff will attend up to four public hearings during the City's consideration of the Final 1S/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. The City or the Project Applicant will provide a check for ail necessary filing fees to be submitted to the Orange County Clerk. LSA zs DevelopmentGanahl ■ • IThe City of Son Juan , ■ PROJECT SCHEDULE Based on LSA's understanding of the proposed project,Table A reflects the schedule for both the Initial Study and additional environmental documentation that would subsequently be required. LSA will aggressively endeavor to keep the project on track. LSA also commits to providing sufficient staff to be available for assignment.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-quality analysis and products are received. Table A: Proposed Schedule Task Time Estimate Task 1.0:Project Initiation and Project Description _ Preparation of Project Description Z week Task 2.0:Technical Analyses,Peer Reviews,and Related Support' Task 2.1:Traffic Impact Analysis 5 weeks Task 2.2:Technical Peer Reviews 2 weeks Task 2.3:Native American Consultation Support under AB 52 4 weeks Task 3.0:Preparation of the initial Study Task 3.1:Sc ree n c h eck/Draft Initial Study 8 weeks2 —City Review of Screen chec k/D raft Initial Study 2 weeks Task 12:Revised Sc re enche ck/D raft Initial Study 2 weeks —City Review of Revised Scree nchec k/D raft 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 Preparation of Response to Comments and Final Draft Initial Study To be completed as part of the appropriate CEQA document Total Initial study Schedule 15 weeks Additional Environmental Documentation (OnN One Appnnwh is Required) Approach 1:Environmental Impact Report(EIR] 10 months Approach 2:Mitigated Negative Declaration(MNDI 4-6 months = Preparation of Technical Analyses,Technical Peer Reviews,and Related Support wouid occur concurrently with preparation of the Initial Study, ' Preparation of the 5creencheck/Draft Initial Study would be completed 2 weeks after completion of the Traffic Impart Analysis and Technical Peer Reviews. AB 52=Assembly Bili 52 CEQA=Ca I iforn la E nviron me nta I Qual i ty Act M M 26 EXHIBIT B Development Project 1� of ,n Juan Capistrano �I L� BUDGET LSA proposes to prepare the Initial Study (Tasks 1.0, 3.0, 4.0, and Reimbursable Expenses) for an estimated fee of $35,230, as shown in Table B. The budget estimate for Technical Analyses, Peer Reviews, and Related Support (Task 2.0) is$74,255,and along with Reimbursable Expenses of$350, the resulting total estimated fee is $109,835. Appendix A provides the tabular breakdown of all casts by position, hourly rate, task, and hours budgeted for each task, as well as an estimated budget for each study described in Approaches 1 and 2(i.e,, an El or an MND). Table B: LSA Fee Estimate Task I.C.Project Initiation and Project Description $3,290 Task 5.0:Project Initiation and Project Description Subtotal $3,290 Task 2.0:Technical Analyses,Peer Reviews,and Related Support — Task 2.1:Traffic Impact Analysis $53,005 Task 2.2:Technical Peer Reviews Subtask 2.2.1:Alr Quality/Greenhouse Gas Emissions Report Peer Review $3.170 Subtask 2.2.2:Arborist Report Peer Review $2,120 Subtask 2.2.3:Biological Resources Report Peer Review $1,980 Subtask 2.2.4:Pa leantologicaI Resources Report Peer Review $1,670 Subtask 2.2.5:Cultural Resources Report Peer Review $1,520 Subtask 2.2.6:Environmental Constraints Analysis Peer Review $1,280 Subtask 2.2.7:Geotechnical Report Peer Review $1,280 Subtask 2.2.8:Noise Impact Report Peer Review $3,040 Subtask 7.2.9:Preliminary Hydrology and Hydraulics Analysis Peer Review $1,680 Subtask 2.2.10:Preliminary Water Quality Management Plan Peer Review $1,680 Task 2.3:Native American Consultation Support under A9 52 $1,830 Mask 2.0:TechnicalAnalyses,Peer Reviews,and Belated 5upportSubtotal 574,255 Task 3.0:Preparation of the Initial Study — Task 3.1:Screen c heck/Dra ft Initial Study $15,760 Task 3.2:Revised Screencheck/Draft initial Study $8,690 Task 3.0:Preparation of the Initial Study Subtotal $24,450 Task 4.0:Project Management and Attendance at Meetings $7,490 Tusk 4.0;Project Management Subtotol $7,490 Reimbursable Expenses $350 TOTAL $109,835 27 ;rte. Ganahl Development a 1 � of in Juan Capisr Table C shows fee estimates for the required additional environmental documentation that will be determined following preparation of the Initial Study.As such,the fee estimates in Table C are intended to provide the City with an indication of the fees for these levels of environmental documentation. Therefore, fee estimates in Table C will be re-evaluated at the completion of tasks associated with preparation of the Initial Study. Table C:Additional Environmental! Documentation Fee Estimate TaSk Fee Estimate Approach 1:Environmental Impact Report(EIR) $112,000 Approach 2:Mitigated Negative Declaration(MND) $35,000 28