HomeMy WebLinkAbout2009-11-24 CC Item No.7 CITY OF
LAKE L LSINOKE
DREAM EXTREME,.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: NOVEMBER 24, 2009
SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO MODIFY AN
EXISTING CONTRACT WITH ESA FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT ADDENDUM FOR THE CANYON
HILLS SPECIFIC PLAN AMENDMENT NO. 3
Background
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for the preparation of the necessary
information and, depending on the scope and size of the project, will either prepare the
environmental documents in -house or have a consultant prepare the documents and
studies. The cost of preparing the environmental analysis is paid for by the project
applicant through the application fee process and cost recovery system. Generally, the
project applicant will select a consultant to complete environmental documents with the
City acting as a "third party" to ensure that all CEQA Guidelines and procedures are
followed.
Discussion
The applicant, Pardee Homes, has submitted an application for Amendment No. 3 to
the Canyon Hills Specific Plan. The project is located within the adopted Canyon Hills
Specific Plan (88 -1), within the eastern portion of the City of Lake Elsinore. The
Specific Plan area is partially developed and was the subject of the Canyon Hills
Specific Plan certified Final EIR (SCH 87111606) certified in 1989 and two previous
Addendums. The Specific Plan Amendment is being proposed to make minor changes
in residential land use location and intensity within the 1,970 acre specific plan area.
The Amendment will allow the transfer of density units within Planning Areas No.'s 7
and 8. The density shift will not exceed the specific plan residential unit maximum cap
or result in any reduction in open space acreage. Based upon the size of the project,
and the anticipated level of significance of impacts, the scope prepared by the
CC November 24, 2009 Item No. 7
Page 1 of 12
ESA Contract Services
November 24, 2009
Page 2
consultant estimated the costs associated with preparation of an Addendum to the EIR
for Pardee Homes.
At the request of Pardee Homes, the City initially entered into a contract with ESA in
March, 2009 to prepare an Addendum to the Canyon Hills Specific Plan, EIR and to
manage the technical consultants necessary to support that effort. It should be noted
that the consultant (ESA) was selected by the applicant to prepare the identified
documents. Staff has worked diligently with the applicant and consultant, however,
unforeseen circumstances and issues have been raised during the preparation of the
Addendum. The most notable issue involved a substantial amount of additional cultural
resources field work, report preparation, and coordination with the Pechanga tribe
regarding potential impacts to archaeological sites.
The proposed cost of preparing the additional technical studies, as well as the
reanalysis, field surveys, meetings and document coordination is estimated at $16,000
to complete the EIR Addendum process (an amount in addition to the originally
approved $37,000, for a total of $53,000).
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
applicant through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendations
Staff recommends that the City Council authorize the City Manager to enter into a
contract with ESA for a new total amount estimated at $53,000.
Prepared by: Kirt A. Coury.
Project Planner 1
Reviewed by: Tom Weiner Iw
Acting Director of Community Development
Approved by: Robert A. Brad
City Manager �""'
Attachments:
1. Vicinity Map
2. ESA Contract Amendment Proposal
3. ESA Original Contract Proposal
CC November 24, 2009 Item No. 7
Page 2 of 12
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CC November 24, 2009 Item No. 7
Page 3 of 12
1 i 9191 Towne Centre Drive
Suite 340 www.esassoc.com
San Diego, CA 92122
858.638.0900 phone
858.638.0910 fax
October 21, 2009
ATTACHMENT NO. 2
Mr. Kirt Coury
Planning Consultant
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, CA 92530
RE: Contract Amendment No. I - Preparation of an Environmental Impact Report Addendum — Canyon
Hills Specific Plan Amendment No. 3 — City of Lake Elsinore
Dear Mr. Coury:
ESA appreciates the opportunity to continue our involvement with preparation and processing of the EIR
Addendum for the Canyon Hills Specific Plan Amendment No. 3. We have prepared this contract amendment for
your review and authorization as we are currently out of budget for the Canyon Hills SPA 3 Addendum EIR, due
to several reasons including: 1) numerous unanticipated rounds of EIR Addendum text and graphics revisions
based on ongoing land plan and SPA 3 document modifications, 2) unavailable applicant land plan /project
description information that ESA had to generate, 3) a substantial amount of additional cultural resources field
work , report preparation and coordination with the applicant and the Pechanga tribe, 4) additional unanticipated
project meetings and coordination with the applicant, Kunzman & Associates and the applicant's legal counsel,
and 5) additional coordination with the City of Lake Elsinore and project team. ESA will complete the additional
work for $16,000, in addition to our existing budget of $37,000, for a total new budget of $53,000.
Should the need arise for additional professional services beyond those set forth in the scope of services due to
revisions to the project, regulatory environment, requirements exceeding our specific budget allowances, ESA
will only undertake such additional services upon receipt of authorization by the City of Lake Elsinore.
Please review the above scope of work and if acceptable, authorize and return one copy to ESA. We look
forward to working with you and the City of Lake Elsinore, and providing professional planning and
environmental services to the City of Lake Elsinore. Please contact me at your convenience should you have any
questions concerning the proposed scope of work and /or budget augmentation.
Sincerely,
Eric J. Ruby
Senior Vice President / Regional Director
Authorization:
City of Lake Elsinore DaE Nuverrrtm 24, 2009 Item No. 7
Page 4 of 12
CITY OF �N
LAKE LS I NO E ATTACHMENT NO. 3
K U
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MARCH 10, 2009
SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO
CONTRACT WITH ESA FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT ADDENDUM FOR THE CANYON
HILLS SPECIFIC PLAN AMENDMENT NO. 3
Background
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for the preparation of the necessary
information and, depending on the scope and size of the project, will either prepare the
environmental documents in -house or have a consultant prepare the documents and
studies. The cost of preparing the environmental analysis is paid for by the project
applicant through the application fee process and cost recovery system.
Discussion
The applicant, Pardee Homes, has submitted an application for Amendment No. 3 to
the Canyon Hills Specific Plan. The project is located within the adopted Canyon Hills
Specific Plan (88 -1), within the eastern portion of the City of Lake Elsinore. The
Specific Plan area is partially developed and was the subject of the Canyon Hills
Specific Plan certified Final EIR (SCH 87111606) certified in 1989 and two previous
Addendums. The Specific Plan Amendment is being proposed to make minor changes
in residential land use location and intensity within the 1,970 acre specific plan area and
will not exceed the specific plan residential unity maximum cap or result in any reduction
in open space acreage. Based upon the size of the project, and the anticipated level of
significance of impacts, the scope prepared by the consultant estimated the costs
associated with preparation of an Addendum to the EIR.
It should be noted that staff is in the beginning stages of correspondence with the
applicant to discuss the details of the proposed Specific Plan Amendment. The
CC November 24, 2009 Item No. 7
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ESA Contract Services
March 3, 2009 ATTACHMENT NO 3
Page 2
proposed environmental scope of work is critical and necessary to the forward
movement of the proposed application.
Due to the technical nature of this proposal, staff with the concurrence of the Applicant,
has requested that ESA prepare, or contract to be prepared, the appropriate CEQA
documents for this project. The proposed cost of preparing the technical studies and
environmental documents is not to exceed $37,000 for the EIR Addendum process.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
applicant through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendations
Staff recommends that the City Council authorize the City Manager to enter into a
contract with ESA for an amount not to exceed $37,000.
Prepared by: Kirt A. Coury
Project Planner
Approved by: Robert A. Brady
City Manager
Attachments:
1. Vicinity Map
2. ESA Contract Proposal
CC November 24, 2009 Item No. 7
Page 6 of 12
1 t \ 9191 Towne Centre Drive
Suite 340 www.esassoc.com
1
San Diego, CA 92122
858.638.0900 phone
858.638.0910 fax
ATTACHMENT NO. 3
February 18, 2009
Mr. Kirt Coury
Planning Consultant
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, CA 92530
RE: Proposal for Preparation of an Environmental Impact Report Addendum — Canyon Hills Specific Plan
Amendment No. 3 — City of Lake Elsinore
Dear Mr. Coury:
ESA appreciates the opportunity to prepare this proposal for an EIR Addendum for the Canyon Hills Specific
Plan Amendment No. 3. We have prepared this proposal based upon our discussions with you, review of the
proposed specific plan amendment site plan, and to outline the tasks required to complete the project
environmental documentation. The proposed project is located within the adopted Canyon Hills Specific Plan
(88 -1), within the eastern portion of the City of Lake Elsinore. The Specific Plan area is partially developed and
was the subject of the Canyon Hills Specific Plan certified Final EIR (SCH 87111606) certified in 1989 and two
previous Addendums. The Specific Plan Amendment is being proposed to make minor changes in residential
land use location and intensity within the 1,970 acre specific plan area and will not exceed the specific plan
residential unity maximum cap or result in any reduction in open space acreage.
SCOPE OF WORK
The following scope of work has been developed based on discussion with you, and review of the existing and
proposed site plans for the Specific Plan Amendment (SPA). The EIR Addendum will be prepared in compliance
with Section 15164 of the CEQA Guidelines and include an analysis of: (1) project entitlement history, (2)
current project description, (3) a comparative analysis of environmental findings between the certified Final EIR
(including all previous Addendums) and the current project description for all pertinent factors and topical CEQA
sections.
Based upon our conversations, we are assuming that an EIR Addendum will be the appropriate document to
update the SPA related environmental information included in the certified EIR. EIR Addendums do not require
public circulation and review. EIR Addendums are appropriate when only minor modifications to the underlying
EIR are required.
The CEQA Guidelines state:
15164. Addendum to an EIR
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes
or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a
subsequent EIR have occurred.
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ESA
Mr. Kirt Coury ATTACHMENT NO. 3
February 18, 2009
Page 2
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions
are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR
or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or
adopted negative declaration.
(d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior
to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be
included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The
explanation must be supported by substantial evidence.
It is our preliminary opinion that an EIR Addendum will be adequate for the proposed project's CEQA
documentation requirements, as it fits within the Specific Plans land use amendment framework.
Task 1 — Project Management / Coordination
Project management/coordination and attendance at meetings will occur under this task. We anticipate
approximately six (6) hours per month for project management/coordination for the duration of the project (four
(4) months). We have also included costs for meetings as follows:
• Two (2) meetings with City staff to discuss the Addendum (two (2) hours each);
• Attendance at one (1) Planning Commission and one (1) City Council Public Hearing (four (4) hours
each).
Task 2 — EIR Addendum Preparation
Per discussions with the City, the proposed project will not require the preparation of the City's Initial Study
Questionnaire to formally determine the type of environmental documentation necessary to have the project
considered by the City.
ESA will prepare an administrative Draft EIR Addendum for review by the applicant and City. The
Administrative Draft EIR Addendum will be prepared in accordance with the CEQA Guidelines and in a format
similar to addendums previously prepared for the specific plan area. The following outline provides the
organization of the Addendum and a brief discussion of the work to be undertaken for each of the key areas:
Section 1.0 — Introduction: The introduction will include the purpose of the Addendum and procedural
information.
Section 2.0 — Project Description: The project description will be based on existing information and
will include project location and setting, site characteristics, and characteristics of the project. This
section will also include a list of the requested permits and approvals for the project.
CC November 24, 2009 Item No. 7
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r ESA.
Mr. Kirt Coury ATTACHMENT NO. 3
February 18, 2009
Page 3
Section 3.0 — Environmental Impact Analysis: This section will include a comparison of the
environmental setting, project impacts, mitigation measures, cumulative impacts and level of significance
after mitigation with the conclusions of the certified EIR and previous addendum. Changes resulting
from revisions to the project described in the certified EIR and addendum, and the proposed map will be
described. ESA will be responsible for the preparation of the technical analysis with regard to air quality
and noise. All other technical reports /information will be provided by the applicant (Pardee Homes) or
the city. Technical studies expected to be provided by Pardee Homes include; 1) SPA land plan, 2)
grading and hydrology information, 3) traffic study and 4) architecture /landscape architecture The
following is an overview of the approach to the key environmental issues:
3.1 — Geotechnical: ESA will utilize the available geotechnical information, to define the
potential impacts compared with the conclusions of the previous environmental documentation.
Additional mitigation measures will be recommended, if necessary, in response to conclusions of
significant project impacts.
3.2 — Flood Hazards / Water Quality: ESA will utilize technical studies prepared by the Pardee's
consultants, to define the potential impacts compared with the conclusions of the previous
environmental documentation. Additional mitigation measures will be recommended, if
necessary, in response to conclusions of significant project impacts.
3.3 — Noise: ESA will compare the potential impacts of noise from the project with the previous
environmental documentation, based on available information. Additional mitigation measures
will be recommended, if necessary, in response to conclusions of significant project impacts.
3.4 — Air Quality / Global Warming: ESA will compare the potential impacts on air quality from
the project with the previous environmental documentation. This will include evaluation of
short-term dust generation associated with construction, local impacts and long -term regional air
pollution increases. Greenhouse gas emission (GHG) will be inventoried for the proposed
project and recommendations made to minimize these emissions. Additional mitigation measures
will be recommended in response to conclusion of significant impacts.
3.5 — Visual: Existing on -site and surrounding area viewsheds, altered viewsheds and creation of
light or glare sources will be described and compared to the conclusions of the previous
environmental documentation. Additional mitigation measures will be recommended in response
to conclusion of significant impacts.
3.6 — Biological Resources: ESA will compare the potential biological impacts from the project
(including fuel modification) with the previous environmental documentation. Additional
mitigation measures will be recommended in response to conclusion of significant impacts.
3.7 — Traffic and Access: ESA will prepare a comparative traffic analysis for the proposed
project to define the potential impacts compared with the conclusions of the previous
environmental documentation. This analysis will be based upon the updated traffic report to be
provided by Pardee Homes. Additional mitigation measures will be recommended, if necessary,
in response to conclusions of significant project impacts.
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.. ESQ
Mr. Kirt Coury ATTACHMENT NO. 3
February 18, 2009
Page 4
3.8 — Education: ESA will compare the potential impacts associated with school services from
the project with the previous environmental documentation. No technical study or additional
mitigation measures are anticipated.
3.9 — Fire /Sheri ESA will compare the potential fire /sheriff service impacts from the project
with the previous environmental documentation. No technical study or additional mitigation
measures are anticipated.
3.10 — Utilities: ESA will compare the potential utility service impacts from the project with the
previous environmental documentation, including water supply, wastewater, solid waste,
electricity, natural gas, telephone, parks and recreation and library. ESA assumes that the
proposed project is covered by an existing water supply assessment and /or will -serve letter. No
technical study or additional mitigation measures are anticipated.
3.11 — Cultural: ESA will compare the potential cultural resource impacts from the project with
the previous environmental documentation. No technical study or additional mitigation measures
are anticipated.
Section 4.0 — Persons Consulted/References: This section will document all persons and sources that
contributed to the environmental analysis.
Appendices will include technical studies and other pertinent information, including the traffic report, and
Mitigation Monitoring & Reporting Plan (MMRP) for the project. The MMRP will contain a compilation of
mitigation measures presented in the Addendum and implementing mechanisms and associated timeframes.
These mitigation measures and the MMRP will be fully consistent with City policies and programs and will meet
the requirements of Section 21081.6(a) of the Public Resources Code.
ESA will submit five (5) copies of the Administrative Draft EIR Addendum to the city for review. Subsequent to
city, ESA will make any required revisions and prepare the Administrative Draft EIR Addendum for submittal to
City staff. ESA will submit three (3) copies of the Administrative Draft Addendum to City staff.
Subsequent to City staff and project team review of the Administrative Draft Addendum, ESA will prepare the
Draft Addendum, which incorporates changes identified by the City and the project team. We assume that
changes will be minimal due to close consultation with the City and project team. ESA will submit three (3)
copies to the City to confirm requested revisions have been completed. Upon City approval, ESA will submit 20
copies of the Draft Addendum to City staff for distribution to City Departments and distribute five (5) copies to
the project team.
Subsequent to City department and project team review of the Draft EIR Addendum, ESA will prepare the final
EIR Addendum, which incorporates changes identified by the City Departments and the project team. We
assume changes will be minimal. ESA will submit 20 copies of the EIR Addendum to City staff.
CC November 24, 2009 Item No. 7
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ESA
Mr. Kirt Coury ATTACHMENT NO. 3 •
February 18, 2009
Page 5
Schedule
ESA recognizes the importance of schedule for this project and that all required work must be completed in a
timely manner. The Administrative Draft EIR Addendum can be completed within four (4) weeks upon
completion/receipt of all technical studies. The following schedule is an estimate and is dependent on review
time by the City.
Schedule
Canyon Hills SPA No. 3 EIR Addendum
TASK DURATION
Task 1 — Project Management/Coordination Ongoing
Task 2 — Addendum Preparation
Prepare Administrative Draft EIR Addendum 4 weeks
Team Review 1 week
Prepare Revised Administrative Draft EIR Addendum 1 weeks
City/Project Team Review 2 weeks
Revise Administrative Draft Addendum 1 week
City Review 1 week
Prepared Draft EIR Addendum 1 week
City Department/Team Review 6 weeks
Prepare Final EIR Addendum 2 weeks
Cost Estimate
The following Cost Estimate has been prepared to outline costs associated with the above referenced tasks:
Cost Estimate
Canyon Hills SPA No. 3 EIR Addendum
TASK COST
Task 1 — Project Management/Coordination $ 3,500
Task 2 — EIR Addendum $24,750
Air Quality / GHG Analysis $ 6,500
Reimbursable Expenses (mileage, postage, etc.) $ 1,500
Document Printing x $ 750
Total $37,000
CC November 24, 2009 Item No. 7
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ESA
Mr. Kirt Coury ATTACHMENT NO. 3
February 18, 2009
Page 6
Reimbursable expenses, including travel /parking, in -house reproduction, etc. will be invoiced in accordance with
the ESA standard rate schedule.
Should the need arise for additional professional services beyond those set forth in the scope of services due to
revisions to the project, regulatory environment, requirements exceeding our specific budget allowances, ESA
will only undertake such additional services upon receipt of authorization by the City of Lake Elsinore.
Please review the above scope of work and if acceptable, authorize and return one copy to ESA. We look
forward to working with you and the City of Lake Elsinore, and providing professional planning and
environmental services to the City of Lake Elsinore. Please contact me at your convenience should you have any
questions concerning the proposed scope of work and /or fee estimate.
Sincerely,
Eric J. Ruby
Senior Vice President / Regional Director
Authorization:
City of Lake Elsinore Date
CC November 24, 2009 Item No. 7
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