HomeMy WebLinkAbout2002-09-24; City Council; 16904; EIR for Proposed Cantarini Ranch & Holly SpringsCITY OF CARLSBAD -AGENDA BILL 7
m: DEPT. HD. 4B# 16,904
MTG. 9-24-02
DEPT. PLN .pf:
ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED
CANTARlNl RANCH AND HOLLY SPRINGS SUBDIVISIONS
AGREEMENTS FOR THE PREPARATION OF AN CITY AlT
EIR 02-02 CITY MGR
RECOMMENDED ACTION:
That the City ADOPT Resolution No. 2o02-286 , APPROVING agreements with Bentley
Equity, LLC and Mooney & Associates for the preparation of an Environmental Impact Report (EIR
32-02) for the Cantarini Ranch and Holly Springs subdivisions.
ITEM EXPLANATION:
Request for Proposals for the preparation of a joint EIR for the Cantarini Ranch and Holly Springs
subdivisions were sent to six (6) consulting firms, three (3) of which submitted formal proposals to
the Planning Department. The Planning Department conducted a thorough review of all three (3) of
the proposals, the responses to the scope of work, the experience of the individuals involved and the
firm itself, performance and product delivery schedules, and costs submitted.
After reviewing all of the proposals, staff recommends that Mooney & Associates be hired to prepare
the EIR for this project. The Mooney &Associates proposal was well prepared, exhibited a thorough
understanding of the scope of work, and included a schedule and cost proposal that was acceptable
to staff and the applicant given the complexities of the project. The firm, and the individuals who will
conduct the Cantarini RanchlHolly Springs Joint EIR are experienced with this type of work.
Therefore, staff recommends the attached consulting agreement with Mooney & Associates and the
agreement with Bentley Equity, LLC as the applicant be approved.
FISCAL IMPACT:
The total cost of the consulting services to prepare the EIR is $134,935.00. The funds will be
provided by the applicant, Bentley Equity, LLC, per the attached applicant agreement.
EXHIBITS:
1. City Council Resolution No.
for the Preparation of an EIR, and Attachment 2: Agreement between City and Bentley Equity, LLC
, with Attachment 1: Agreement with Consultant
for Payment of the EIR Consultant.
2002-286
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RESOLUTION NO. 2o02-286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CONSULTING
AGREEMENTS WITH MOONEY AND ASSOCIATES FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
FOR THE CANTARlNl RANCH AND HOLLY SPRINGS
SUBDIVISIONS AND AGREEMENT WITH THE CITY WITH
BENTLEY EQUITY, LLC FOR PAYMENT OF THE
PREPARATION OF THE EIR
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
I 1. That a consulting agreement with Mooney & Associates for consulting
services to prepare an Environmental Impact Report (EIR) for the Cantarini Ranch and HoH)
I Springs subdivisions (Attachment I), and an agreement with Bentley Equity, LLC for the
payment of the EIR consultant (Attachment 2) are hereby approved and the Mayor is authorized
1 to execute said agreements.
2. Following the mayor’s execution of said agreements, the City Clerk is
directed to forward copies of this resolution and said agreements to Mooney & Associates,
attention Michael Page, 9903 Businesspark Avenue, San Diego, CA 92131; Bentley Equity, LLC, 7449 Magellan St., Carlsbad, CA 92009; and the Planning Department.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 24th day of SEPTEMBER 2002, by the following vote, to wit:
AYES: Council Members Lewis, Finn,ila, Hall
NOES: None
ABSENT Council Members Kulchin, Nygaard
11 ATTEST:
NE M. WOOD, City Clerk
(SEAL)
ATTACHMENT 1
AGREEMENT WITH MOONEY AND ASSOCIATES FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR 02-02)
THIS AGREEMENT, made thisAyday of ~f'nZb.(Sb~ 20=, between the
CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "CITY", and American Pacific Environmental Consultants Inc., dba
Mooney & Associates hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS, the CITY has entered into an agreement with Bentley-Monarch, LLC
hereinafter called applicant, wherein the CITY agrees to prepare an Environmental
Impact Report (EIR) for the proposed project identified as Cantarini Ranch - CT 00-18
et. al. and Holly Springs - CT 00-21 et. al. which is located on the northeast side of El
Camino Real, east of the future extension of College Boulevard and more precisely
shown on the plat marked Attachment 1, attached hereto and made a part hereof: and
WHEREAS, the CONTRACTOR has the qualifications to prepare the required
Environmental Impact Report; and
WHEREAS, it is understood that the CONTRACTOR shall be an independent
contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual covenants and conditions,
the parties hereto agree as follows:
1. CONTRACTOR OBLIGATIONS
CONTRACTOR shall prepare an Environmental Impact Report on the subject
project in accord with the California Environmental Quality Act as implemented by the
State Guidelines and by the CITY in Title 19 of the Carlsbad Municipal Code and its
1 Rev. 08-08-97
implementing resolutions. In carrying out this obligation the CONTRACTORS duties
shall include the following:
(a) The CONTRACTOR shall, consistent with the Work Program contained in
Attachment 2, (1) make all necessary and required field explorations, reviews and tests;
(2) make all necessary and required laboratory tests and analyses; (3) appear and be
prepared to answer questions and prepare testimony on the final Environmental Impact
Report at all public hearings before the Planning Commission and the City Council prior
to the certification of the report; (4) make all reports necessary to comply with the
requirements of this section. Before preparing the draft report, the CONTRACTOR
shall submit five copies of a preliminary report (screen check EIR) to the Planning
Director for staff review. The CONTRACTOR shall revise the preliminary report as
requested by staff in order to make it suitable for draft EIR review.
(b) CONTRACTOR shall prepare a draft report in compliance with the Work
Program contained in Attachment 2 on file at the Planning Department (unless
otherwise stated in this agreement), attached hereto and made a part hereof and with
applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY
fifty copies plus a reproducible master of the draft Environmental Impact Report to the
CITY.
(c) CONTRACTOR shall attempt to determine as soon as possible in the
study of the area involved, those factors which could severely inhibit or prohibit the
proposed project. If it appears that such factors are present, CONTRACTOR shall so
inform the Planning Director who in turn will discuss with the applicant the feasibility of
continuing with the report. The objective of this subsection of the agreement is to
minimize the cost if these adverse factors exist.
2 Rev. 08-08-97
(d) CONTRACTOR shall prepare and file with the CITY written responses to
all comments received subsequent to public notice that the draft Environmental Impact
Report has been filed. CONTRACTOR shall also prepare any response necessary to
matters raised at the public hearings. The written responses shall be prepared in a form
that will permit the responses to be incorporated into the final Environmental Impact
Report.
2. CITY OBLIGATIONS
(a) The CITY will make payment to the CONTRACTOR as provided for in this
agreement.
(b) The CITY will make available to the CONTRACTOR any documents,
studies, or other information in its possession related to the proposed project.
(c) The CITY will review the Preliminary Report presented by the
CONTRACTOR within fourteen working days of their receipt and make written
comments to the CONTRACTOR within that time period.
(d) The CITY shall provide the CONTRACTOR with copies of all written
comments received on the draft Environmental Impact Report subsequent to public
notice that the draft Environmental Impact Report has been filed and is available for
public review.
3. TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is
understood that inclement weather conditions may delay the completion of field work.
The CONTRACTOR will be allowed as many additional days as are necessary to
compensate for days lost due to inclement weather. The CONTRACTOR shall submit
to the CITY five copies of the Preliminaj, Environmental Impact Report within six weeks
3 Rev. 08-08-97
of the signing of this agreement by both concerned parties. The CONTRACTOR shall
submit to the CITY fifty copies of the draft Environmental Impact Report within ten
working days of the completed staff review of the Preliminary Environmental Impact
Report.
4. PAYMENT
The CONTRACTOR will be paid a maximum of One Hundred Thirty-four
Thousand and Nine Hundred Thirty-five Dollars ($ 134,935.00) for all work necessary to
carry out the requirements of this agreement. Actual payment shall be based on the
cost of the report based on the costs as set forth in Attachment 3 on file at the Planning
Department. The CONTRACTOR shall be paid within thirty (30) days, in response to
monthly invoices, based on the percentage of the tasks completed according to
Attachment 3. The final ten (10) percent of the contract amount will be paid, not to
exceed the maximum amount provided in this agreement, within thirty (30) days after
receipt of invoice, to be submitted after the certification of the Environmental Impact
Report by the City Council.
5. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum of
$ 134,935.00 which amount is estimated to be sufficient to compensate the
CONTRACTOR for all services performed hereunder during the terms of this
agreement. In the event at any time it appears to the CONTRACTOR that said sum
may not be sufficient, he shall immediately so notify the Planning Director. He will not
perform any work or incur any obligation beyond said sum of without appropriate
amendment to this agreement.
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4 Rev. 08-08-97
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6. , CHANGES IN WORK
If, in the course of this contract, changes seem merited by the CONTRACTOR or
the CITY and informal consultations indicate that a change in the conditions of the
contract is warranted, the CONTRACTOR or the CITY may request a change in the
contract. Such changes shall be processed by the CITY in the following manner. A
letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR
to inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. After reaching mutual agreement on the proposal, a
supplemental agreement shall be prepared by the CITY and approved by the CITY
according to the procedures described in Carlsbad Municipal Code Section 3.28.172.
Such supplemental agreement shall not render ineffective or invalid unaffected portions
of the agreement. Changes requiring immediate action by the CONTRACTOR or the
CITY shall be ordered by the Planning Director who will inform a principal of the
CONTRACTORS firm of the necessity of such action and follow up with a supplemental
agreement covering such work.
The lump sum amounts detailed in this agreement shall be adjusted for changes,
either additive or deductive, in the scope of work, provided such changes are
processed according to the procedures in this paragraph.
7. COVENANTS AGAINST CONTINGENT FEES
The CONTRACTOR warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the CONTRACTOR,
to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to
pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
5 Rev. 08-08-97 7
from, the award or making of this agreement. For breach or violation of this warranty,
the CITY shall have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
8. NONDISCRIMINATION CLAUSE
The CONTRACTOR shall comply with the state and federal laws regarding
nondiscrimination.
9. TERMINATION OF CONTRACT
The CITY may terminate this agreement at any time by giving written notice to
the CONTRACTOR of such termination and specifying the effective date thereof, at
least fifteen days prior to the effective date of the termination. In the event of
termination, all finished or unfinished documents and other materials prepared pursuant
to this agreement shall become its property. Upon termination for reasons other than
breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the
services completed to the date of notice of determination.
IO. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the
CONTRACTOR or the CITY Planning Director. A copy of such documented dispute
shall be forwarded to both parties involved along with recommended methods of
6 Rev. 08-08-97 8
resolution which would be of benefit to both parties. The CITY Planning Director or
principal receiving the letter shall reply to the letter along with a recommended method
of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for
their resolution through the office of the City Manager. The City Council may then opt
to consider the directed solution to the problem. In such cases, the action of the City
Council shall be binding upon the patties involved, although nothing in this procedure
shall prohibit the parties seeking remedies available to them at law.
11. CLAIMS AND LAWSUITS
The CONTRACTOR agrees that any contract claim submitted to the City must
be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The CONTRACTOR
acknowledges that if a fake claim is submitted to the City, it may be considered fraud
and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR
acknowledges that California Government Code Sections 12650 et sea., the False
Claims Act, provides for civil penalties where a person knowingly submits a false claim
to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of information. If
the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney’s fees. The CONTRACTOR
acknowledges that the filing of a false claim may subject the CONTRACTOR to an
administrative debarment proceeding wherein the CONTRACTOR may be prevented to
act as a contractor on any public work or improvement for a period of up to five (5)
years. The CONTRACTOR acknowledges debarment by another jurisdiction is
7 Rev. 08-08-97 7
grounds for the City of Carlsbad to disqualify the CONTRACTOR from the selection
process. ': (Initial)
' '1
The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026,
3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference.
I) (Initial)
12. STATUS OF THE CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in
CONTRACTORS own way as an independent contractor and in pursuit of
CONTRACTORS independent calling, and not as an employee of the CITY.
CONTRACTOR shall be under control of the CITY only as to the result to be
accomplished, but shall consult with the CITY as provided for in the request for
proposal. The persons used by the CONTRACTOR to provide services under this
agreement shall not be considered employees of the CITY for any purposes
whatsoever.
The CONTRACTOR is an independent contractor of the CITY. The payment
made to the CONTRACTOR pursuant to the contract shall be the full and complete
compensation to which the CONTRACTOR is entitled. The CITY shall not make any
federal or state tax withholdings on behalf of the CONTRACTOR or hidher employees
or subcontractors. The CITY shall not be required to pay any workers' compensation
insurance or unemployment contributions on behalf of the CONTRACTOR or hidher
employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR
agrees to indemnify the CITY for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which the CITY may be required
to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for
8 Rev. 08-08-97 id
work done under this agreement.
The CONTRACTOR shall be aware of the requirements of the Immigration
Reform and Control Act of 1986 and shall comply with those requirements, including,
but not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and CONTRACTORS that are included in this agreement.
13. OWNERSHIP OF DOCUMENTS
All documents and materials prepared pursuant to this agreement are the
property of the CITY. The CITY shall have the unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data, or other
materials prepared under this agreement.
14. REPRODUCTION RIGHTS
The CONTRACTOR agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish
all claims to such copyrights in favor of CITY.
15. RELEASE OF INFORMATION BY CONTRACTOR
Any reports, information or other .data, prepared or assembled by the
CONTRACTOR under this agreement shall not be made available to any individual or
organization by the CONTRACTOR without prior written approval of the CITY.
16. HOLD HARMLESS AGREEMENT
CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and
its officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly
9 Rev. 08-08-97
employed by any of them or anyone for whose acts any of them may be liable, except
where caused by the active negligence, sole negligence, or willful misconduct of the
City of Carlsbad.
CONTRACTOR shall at its own expense, upon written request by the City,
defend any such suit or action brought against the City, its officers, officials, employees
and volunteers. CONTRACTORS indemnification of City shall not be limited by any
prior or subsequent declaration by the CONTRACTOR.
17. ASSIGNMENT OF CONTRACT
CONTRACTOR shall not assign this contract or any part hereof or any monies
due or to become due thereunder without prior written consent of the CITY.
18. SUBCONTRACTING
If the CONTRACTOR shall subcontract any of the work to be performed under
this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the
CITY for the acts and omissions of its subcontractor and of the persons either directly or
indirectly employed by its subcontractor, as it is for the acts and omissions of persons
directly employed by it. Nothing contained in this contract shall create any employee or
contractual relationship between any subcontractor of CONTRACTOR and the CITY.
The CONTRACTOR shall bind every subcontractor and every subcontractor of the
subcontractor by their terms of this contract applicable to its work unless specifically
noted to the contrary in the subcontract in question approved in writing by the CITY.
19. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the CITY
to negotiate, make, accept or approve, or to take part in negotiating, making, accepting
or approving any architectural, engineering, inspection, construction, or material supply
10 Rev. 08-08-97
contract or subcontract in connection with the construction of the project, shall become
directly or indirectly interested personally in this contract or in any part thereof. No
officer, employee, architect, attorney, engineer or inspector of or for the CITY who is
authorized in such capacity and on behalf of the CITY to exercise any executive,
supervisory or other similar functions in connection with the performance of this contract
shall become directly or indirectly interested personally in this contract or any part
hereof.
20. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee or the
CITY, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained, nor shall such verbal agreement or
conversation entitle the CONTRACTOR to any additional payment whatsoever under
the terms of this contract.
21. SUCCESSOR OR ASSIGNS
Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
23. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest Code.
11 Rev. 08-08-97
The CONTRACTOR shall report investments or interests in all four categories.
24. INSURANCE
The CONTRACTOR shall obtain and maintain for the duration of the contract
and any and all amendments insurance against claims for injuries to persons or
damage to property which may arise out of or in connection with performance of the
work hereunder by the CONTRACTOR, its agents, representatives, employees or
subcontractors. Said insurance shall be obtained from an insurance carrier admitted
and authorized to do business in the State of California. The insurance carrier is
required to have a current Best's Key Rating of not less than "A-V" and shall meet the
City's policy for insurance as stated in Resolution No. 91-403.
A. Coveraqes and Limits.
CONTRACTOR shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
CONTRACTORS work for the City). $1,000,000 combined single-limit per accident for
bodily injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
12 Rev. 08-08-97
.I 4
Employer's Liability limits of $1,000,000 per accident for bodily injury.
B. Additional Provisions.
CONTRACTOR shall ensure that the policies of insurance required under
this agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation.
2. The CONTRACTOR shall furnish certificates of insurance to the
City before commencement of work.
3. The CONTRACTOR shall obtain occurrence coverage. '
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the CONTRACTOR fails to maintain any of the insurance
coverages required herein, then the City will have the option to declare the
CONTRACTOR in breach, or may purchase replacement insurance or pay the
premiums that are due on existing policies in order that the required coverages may be
maintained. The CONTRACTOR is responsible for any payments made by the City to
obtain or maintain such insurance and the City may collect the same from the
CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR
under this agreement.
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13 Rev. 08-08-97
c - d
25. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the CONTRACTOR in connection
with the foregoing are as follows:
For City: Title: Associate Planner
Name: Barbara Kennedv
Address: City of Carlsbad Plannins Department
1635 Faradav Avenue
Carlsbad. CA 92008
For Contractor: Title: Senior Proiect Manaser
Name: Michael Paae
Address: 9903 Businesspark Avenue
San Dieso, CA 92131
ArchitectlLicense Number: NIA
ArchitectILicense Number: NIA
26. BUSINESS LICENSE
CONTRACTOR shall obtain and maintain a City of Carlsbad Business License
for the duration of the contract.
27. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
Ill
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14 Rev. 08-08-97 1 icc
hereof may be amended, modified, waived or discharges except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by CONTRACTOR this .%k/ day of ../%:, , , ,20 2. &
(Name of Contractor)
c
g- 22 -c
(sigh here) I
z
ATTEST: !
By:
(sign here)
(print namehitle)
(Proper notarial acknowledgment of execution by CONTRACTOR must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
signing to bind the corporation.)
certified by the secretary or assistant secretary under corporate seal empowering the oficer(s)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: p&hdhlnn
eputy City Attorney
15 Rev. 08-08-97
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Ausust 22 !2W before me, vhlvit2 a &Inn IYPZ
Notary Public, personally appeared Mi%& L. Paae
[ ] personally known to me - or W proved to me on the basis of satisfactory evidence to
be the person@) whose name(+ - ishe subscribed to the within instrument and
acknowledged to me that he/skeCUley - executed the same in K/kefftkeir authorized
capacity&@, and that by - hiswr signatureo on the instrument the person@), or
J
r
the entity upon behalf of which the person@ acted. executl
__c I
WITNESS my hand and official seal. b
ed the instrument.
i
ATTACHMENT 1
CANTARINVHOLLY SPRINGS JOINT EIR
EIR 02-02
ATTACHMENT 2
CANTARlNl RANCHIHOLLY SPRINGS SUBDIVISIONS
AND RELATED APPLICATIONS
ENVIRONMENTAL IMPACT REPORT SCOPE OF WORK
EIR 02-02
SCOPE OF CONSULTANT SERVICES
The consultant shall prepare an Environmental Impact Report for the Cantarini Ranch
and Holly Springs subdivisions and related applications which is acceptable to the City.
The EIR shall be prepared pursuant to all applicable'state laws and shall conform to the
California Environmental Quality Act (CEQA) and State EIR guidelines.
The consultant shall be responsible for the accuracv and completeness of all
information contained in the Final Draft EIR. If the Consultant does not wish to
accept responsibilitv for the information contained in the technical studies, the
Consultant snall provide to the Citv statements sisned bv the appropriate
technical consultant acceptins responsibilitv for the accuracv and completeness
of anv studiesheports prepared bv that technical consultant. These sisned
statements of responsibilitv shall be made a part of the appendices of the EIR.
The Consultant shall:
1. Obtain all reference material and conduct all research and field data collection
necessary to prepare the EIR.
2. Identify, discuss and develop appropriate mitigation monitoring programs for any
impacts which may be associated with the short-term and/or long-term
development of the site.
3. Provide five (5) screen check draft documents for city staff review which will be
consistent with CEQA and the Carlsbad Environmental Protection Ordinance
(Title 19 of the Carlsbad Municipal Code) within six (6) weeks from entering into
agreement with the City.
4. Provide five (5) copies of the revised Draft EIR text, including appendices and
exhibits, which incorporate staffs written recommendations and revisions to the
screen check Draft EIR, in addition to the first draft of a Mitigation Monitoring and
Reporting Program and Candidate Findings of Fact within ten (10) weeks from
entering into agreement with the City.
5. Provide fifty (50) copies plus one (1) reproducible master of the City-approved
Draft EIR with appendices, exhibits, and Mitigation Monitoring and Reporting
Program. Twenty-five (25) of those copies shall be in 3-ring, loose-leaf binders,
and twenty-five (25) shall be spiral-bound copies.
6. Provide ten (10) copies of the City-approved Draft EIR with appendices. exhibits,
and Mitigation Monitoring and Reporting Program on CD's, including one (1)
Master CD from which copies can be made.
7. Respond to comments made during the Draft EIR public review period.
Consultant shall submit written responses to comments and provide five (5)
screen check Final EIR documents which include all comments on the Draft EIR
within two (2) weeks after the public review period. In addition five (5) copies of
the Candidate Findings of Fact incorporating staff's comments shall be
submitted.
8. Provide five (5) copies of the Final Draft EIR, including appendices and exhibits,
which shall incorporate staffs written recommendations and revisions to the
screen check Final EIR, a Mitigation Monitoring and Reporting Program and a
separate submittal consisting of the Candidate Findings of Fact within two (2)
weeks of receiving the written comments from City Staff on the responses to
comments and the Final EIR.
9. Provide fifty (50) copies plus one (1) reproducible master of the City-approved
Final EIR with appendices and exhibits. Twenty-five (25) of those copies shall
be in Wing, loose-leaf binders, and twenty-five (25) shall be spiral-bound copies.
10. Provide ten (10) copies of the City-approved Final EIR with appendices, exhibits,
and Mitigation Monitoring and Reporting Program on CD's, including one (1)
Master CD from which copies can be made.
1 1, Attend up to ten (1 0) meetings, including but not limited to:
One (1) kick-off meeting with City Staff.
One (1) public scoping meeting.
Two (2) meetings with staff to discuss issues regarding the preparation of
One (1) meeting with staff to review comments on the screen check draft.
One (1) meeting with staff to review responses to public comments and
Up to three (3) public hearings with presentations as necessary as
the screen check draft.
the final draft.
determined by City staff.
1. In addition, as part of the proposal, the consultant should provide a detailed
Work Program designed to comprehensively address and analyze the scope of
issues identified and described below:
-2-
INTRODUCTION AND EXECUTIVE SUMMARY
The introductory chapter and executive summary is a required section under CEQA.
This section should provide sufficient detail to evaluate and review the environmental
impacts of the project, but not excessive detail. It may be used as a “stand alone”
document.
- Tasks:
1. The consultant shall prepare an introductory chapter and executive summary
pursuant to all applicable CEQA requirements. This section should identify the
project location and boundaries on detailed regional maps. It should include a
general description of the project’s technical, economic, and environmental
characteristics. It should include a statement briefly describing the intended
uses of the EIR. It should also list the agencies which are expected to use the
EIR in their decision-making and the approvals for which the EIR will be used.
This section must itemize and discuss briefly each significant effect of the
project, as well as proposed mitigation measures required and alternatives which
would reduce or avoid that impact. It should identify areas of controversy and
issues raised by agencies or the public. Issues which would remain to be
resolved should be called out, including the choices among alternatives and
whether or how to mitigate the significant impacts.
The EIR shall comprehensively address and analyze the scope of issues identified and
described below:
AGRICULTURAL RESOURCES
Proiect Backaround
About a third of the combined project area is being used for on-going agricultural
activities. Agricultural uses were established on the site between 1928 and 1960.
Approximately 70 acres of farmland will be impacted due to the proposed development.
If the HMP is adopted, the project will be required to pay an agricultural mitigation fee to
off-set the impacts. Although none of the property is listed as “prime” agricultural land,
the southwest portion of the site is designated as “S” Farmland of Statewide Importance
and the southeast portion is designated as “L” Farmland of Local Importance according
to the San Diego County Important Farmlands Map, California Department of
Conservation, 1992. Further analysis is necessary to determine if that loss is
significant.
- Tasks:
1. The consultants shall describe the project‘s agricultural setting and analyze the
agricultural quality of the site and the impact of the project on state and local
-3-
agricultural resources. This shall include an analysis of type, amount, location,
and economic value of the farmland which will be converted to non-farming uses,
It shall also identify any impacts conflicts with thresholds for farmland conversion
established by the State Department of Conservation.
2. The consultant shall identify the criteria used to determine significance; identify any significant and less than significant and/or direct and indirect impacts
resulting from the project: recommend appropriate mitigation measures as may
be required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
AIR QUALITY
Proiect Backaround
The project contains a pedestrian and bicycle trail system which will connect to the
citywide trail system. While this system will provide for these alternative forms of
transportation to the automobile it is not anticipated that it will result in a significant
reduction in average daily vehicle trips. Mass transit will be limited to bus routes
determined to be feasible by the North County Transit District (NCTD).
Although the project has been designed to encourage pedestrian traffic to the greatest
extent possible and to accommodate public transit adjacent to the multi-family housing
project, the development of the proposed project will result in an incremental increase
in local and regional air pollution. Grading for the project may also contribute
significantly to the generation of fugitive dust. The San Diego Air Basin is classified as
a “severe” non-attainment area for both federal and state standards for ozone (smog).
The San Diego Air Basin also exceeds the state standard for airborne particulate
matter.
Impacts from the project may include construction emissions, equipment exhaust,
fugitive dust, and vehicle emissions. The project’s impact may be significant as the
region presently does not meet air quality standards. Additional mitigation measures
may be necessary such as providing for public transit in the project design and
development of the trail system to serve both recreational and non-motorized
transportation purposes.
1. The consultant shall discuss the project setting, including a review of the regional
meteorology. The consultant shall review and address both short-term and long-
term air quality impacts of the project. Recommended analysis to determine
emissions resulting from the project may include:
A. Provision of a summary of required emissions data;
-4-
2.
3.
B. Calculations of air quality impacts and emissions during construction and
operation of the project; and,
C. Modeling of air quality impacts, including modeling of ambient air quality.
Air quality impacts shall be analyzed in regard to the following:
A. Project emissions from vehicular and stationary sources
B. Grading/Blasting and Construction
C. Compliance with federal and state standards as well as regional air quality
attainment plans.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
The Cantarini Ranch project area was surveyed for cultural resources in 1998 which
resulted in the identification of seven cultural resource locations. A subsequent
Significance Evaluation was prepared and determined that none of the sites were
considered unique under CEQA guidelines, since the sites were found to have
undergone dramatic transformation and did not contain the quantity, quality, or variety
of artifacts necessary to address important research questions. The report concluded
that no additional testing, preservation, or monitoring during construction would be
necessary.
The Holly Springs area was also surveyed for cultural resources in 1999. No cultural
resource sites were identified, nor were there any previously recorded cultural resource
sites identified through research of archives and documents.
The subject sites are located in an area identified by the General Plan as an area which
could contain potentially significant fossil areas. Some areas of the project site consist
of soil formations (Pleistocene-aged Terrace Deposits and soils of the Santiago and
Lusardi Formations) which have a high potential to contain fossils. Mass grading
required for development of the proposed project may result in potentially significant
impacts to paleontological resources. These impacts may be mitigated to below a level
of significance by incorporation of a monitoring program and collection of fossils, if any
are identified during cutting.
-5-
Tasks:
1, The consultant shall demonstrate that he meets the minimum qualifications for
Cultural Resource Professionals required by the "City of Carlsbad Cultural
Resource Guidelines" dated December 1990.
2. The consultant shall perform a third party review of the cultural resource reports
and incorporate the findings of the review into the text of the EIR.
3. The consultant shall evaluate the site with respect to soil types known to contain
possible paleontological resources. These areas shall be surveyed and
mitigated if found significant. The City has a standard two phased program
which is required to be undertaken to avoid possible significant impacts on
paleontological resources.
4. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
BIOLOGICAL RESOURCES
Proiect DescriDtion
Impacts to biological resources are expected to occur as a result of the proposed
project. Portions of the site have been previously graded to accommodate the
agricultural uses. Native vegetation exists on the majority of the Holly Springs site and
primarily on the west half of the Cantarini property. Recon has prepared Biological
Resources Reports and Impact Analysis for both the Cantarini and Holly Springs sites.
These studies shall be utilized in the preparation of this section of the EIR. Much of'the
project site will be preserved in open space through the City's draft Habitat
Management Plan (HMP), adopted by the City Council. Although the HMP has not yet
been adopted by outside agencies, the mitigation measures contained in the draft HMP
will be applicable to these projects.
1. The consultant shall describe the biological setting and shall perform a third-
party review of the Biological Resources Report and Impact Analysis, and
Wetlands Delineation Reports. The consultant shall evaluate the methodologies
and conclusions contained in the reports for legal and scientific adequacy and
accuracy to ensure that the impact and mitigation analyses are of a scale and
level of effort appropriate to the requirements of the project. The consultant shall
-6-
2.
3.
4.
5.
6.
7.
identify any flaws in the methodologies and/or conclusions and, if no flaws are
found, shall incorporate the findings of the review into the text of ttle EIR.
The Consultant shall evaluate the proposed draft HMP “hardline” revisions to
determine if “equal to or better“ habitat conservation will be achieved.
Light and glare impacts on the preserve areas shall be analyzed,
Project impacts to wetlands areas and feasibility of the proposed enhancements
to the Cantarini Ranch pond area shall be evaluated.
The consultant shall identify any additional impacts to open space areas
resulting from road easements to service utility or drainage areas.
The consultant shall identify any impacts to open space resulting from the
proposed trail system and potential users including, but not limited to
pedestrians, cyclists, and equestrians.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
GEOLOGYlSOlLS
Project Background
The subject property consists of ridges and steeply sloping hillside and valley terrain to
gently sloping low, broad hills and shallow valleys in the central and southern portions
of the site. Surface rock outcrops are common within higher elevations of the property.
Elevations range from a high of approximately 420~ feet mean sea level (msl) in the
corner of the site to a low of 70+ feet (msl) along the extreme southwestern boundary.
Natural drainage is accomplished through a network of small drainages and canyon
areas, while the site ultimately drains in a southwesterly direction to an east-west
trending canyon (south of the site). A number of natural seepages or springs are
located in the eastern portions of the Cantarini and Holly Springs properties. These
seepage areas feed the pond in the Cantarini property and the small pond in the Holly
Springs property.
As determined by the geotechnical reports prepared for the subject properties, the
geologic units present on the sites consist of undocumented fill soils, Topsoil, Alluvium
and Colluvium, Terrace Deposits, Santiago Formation, Point Loma Formation, Lusardi
Formation, and Cretaceous Granitic Rock.
-7-
A Phase I Environmental Site Assessment was prepared for the Holly Springs property
and Phase I and II Environmental Site Assessments were prepared for the Cantarini
property. These studies provide information relating to soils, groundwater, and the
presence of hazardous materials on the site.
Tasks:
1,
2.
3.
4.
5.
The consultant shall describe the geological setting, including existing soil and
geologic conditions. The consultant shall perform a third-party review of the
Geotechnical Reports and the Phase I and Phase II Environmental Site
Assessments prepared for the project sites. The consultant shall evaluate the
analysis and conclusions contained in the reports and site assessments and
evaluate the adequacy of the impact analysis, particularly with regard to unstable
soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground
shaking, subsidence, settlement, surcharging, liquefaction, proposed slope
stability, and groundwater impacts. The consultant shall identify any
flaws/inadequacies in the analyses and conclusions and, if no
flaws/inadequacies are found, shall incorporate the findings of the
reports/assessments into the text of the EIR.
The consultant shall also evaluate the applicability and limit of ripping andlor
blasting and the additional environmental impacts such operations would have
particularly on nearby developed properties.
The consultant shall also evaluate the potential for over-excavation, removal,
recompaction, or export of unsuitable soils relative to creating additional impacts
on habitat preservation areas.
An analysis of groundwater and the potential for groundwater impacts to the
proposed project, roads, and structures will be required.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
-8-
HAZARDS
Proiect Backpround
The project site and vicinity has the potential to be impacted by natural hazards such as
floodplains and high fire hazard areas. These potential hazards as they relate to the
project require analysis to determine if project approval would put persons and properly
at an unacceptable risk.
Tasks:
1.
2.
3.
The consultant shall evaluate all available floodplain mapping and source
documents to determine the boundaries of the floodplain as they,apply to the
project site. Grade alterations proposed by the development shall be reviewed
to determine their impact on the floodplain. The consultant shall also review the
Crty of Carlsbad Floodplain Regulations to determine if the project is in
compliance with the requirements contained within the ordinance.
The consultant shall identify the areas of the project site which are considered to
be high fire hazard areas. The City’s Fire Marshal shall be consulted as to the
acceptability of proposed development sites adjacent to high fire hazard areas as
well as possible mitigation measures needed to reach an acceptable level of
safety, especially with regard to response time requirements as identified by the
City’s Growth Management Plan.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
LAND USE COMPATIBILITY
Proiect Backaround
The project includes a number of discretionary permits including a General Plan
Amendment, Zone Change, Local Facilities Management Plan Amendment for Zone
15, Tentative Map, Site Development Plan, Hillside Development Permit, and Special
Use Permit. The area is surrounded primarily by undeveloped land although several
properlies have project applications on file that are being reviewed. The City Council’s
adoption of the Draft Habitat Management Plan (HMP) for the properly has established
the areas to be preserved and those areas which may be developed. The HMP
provides for amending the General Plan to designate the preserve areas as open space
and changing land use designations on the areas to be developed. The General Plan
Amendment will also provide for a transfer of the allowed project density to the multi-
-9-
family site resulting in a higher-density land use designation than currently exists on the
site. The precise location of the open space on the existing General Plan Land Use
Map needs to be analyzed and may be slightly altered in some locations to be in
compliance with the preserve boundaries. The City's General Plan contains a process
and required findings to adjust the boundaries of General Plan designated Open Space.
Tasks: -
1.
2.
3.
4.
5.
6.
The consultant shall describe the'environmental setting of the project. This will
include a discussion of any inconsistencies between the proposed project and
the City's adopted General Plan and zoning, and any applicable regional plans.
The consultant shall examine the existing physical conditions as well as the
potential future conditions.
The consultant shall perform a detailed project review to confirm the project's
compliance with City ordinances and policies. The ordinances and policies shall
include: 1) the City of Carlsbad General Plan, 2). the Draft Habitat Management
Plan, 3) the Carlsbad Zoning Ordinance (Title 21) including the Hillside
Development Regulations, Floodplain Regulations, and Growth Management
Chapter, 4) McClellan Palomar Airport Comprehensive Land Use Plan, 5) Scenic
Corridor Guidelines, 6) Landscape Manual, 7) Open Space and Conservation
Resource Management Plan, 8) El Camino Real Corridor Development
Standards, and 9) Subdivision Regulations (Title 20).
The consultant shall analyze the land use compatibility between the proposed
multi-family development and surrounding existing and proposed development.
The consultant shall analyze the impacts of the proposed General Plan
Amendment and related applications on the subject site.
The consultant shall analyze the project's compatibility with Palomar Airport in
terms of proposed land uses, noise and height restrictions.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
NOISE
Proiect Backaround
Transportation noise impacts from the College Boulevard would be the primary noise
source in the future. Impacts associated with construction of the project will also
-10-
introduce additional noise into the area. Increases in traffic volumes in the area will add
incremental noise.
Tasks:
1. The consultant shall perform a third party review of the noise report and
incorporate the findings of the review into the text of the EIR.
2. Recommendations for mitigation measures or requirements for additional studies
shall be presented as necessaty in the EIR.
3. The McClellan-Palomar Airport Land Use Plan shall also be reviewed to
determine whether the identified noise levels and proposed land uses will be
compatible and what additional requirements of the airport plan shall be imposed
in the project.
4. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impact’s resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
POPULATIOWHOUSING
Proiect Backaround
The proposal will not cumulatively exceed official regional or local population
projections in that the Zone 15 LFMP estimated approximately 675 dwelling units for
the project area based on a density of 2.88 units per net developable acre within the
Sunny Creek Specific Plan area and 3.2 units per net developable acre within the
remaining project area. A total of 228 dwelling units are proposed. Of these, 105 will
be market-rate single-family estate type homes within Cantarini Ranch, 43 homes
within Holly Springs are proposed as custom home lots, and the remaining 80 units will
be within the proposed apartment project. This multi-family housing site will be used to
satisfy the 15% inclusionary (affordable) housing requirements for the Cantarini Ranch
and Holly Springs projects.
The project could induce growth since the project will bring roads and utilities into a
relatively undeveloped area and will provide utilities and access to adjacent
undeveloped properties.
Tasks:
1. The consultant shall make a comparison to the General Plan and Zone 15
Dwelling Unit allowances for the proposed project.
-1 1-
2. The consultant shall analyze the proposal to determine if it will induce substantial
growth in the area either directly or indirectly.
3. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures a: may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
PUBLIC SERVICES AND UTILITIES
Proiect Background
The proposed project includes the preparation of an amendment to the Local Facilities
Management Plan for Zone 15. The proposed General -Plan Amendment would revise
the land uses for the property, thereby creating the requirement to amend the existing
Zone 15 LFMP and determine if the demand on public services and facilities will be
significant.
Tasks:
1.
2.
3.
4.
The consultant shall describe the project setting and shall determine the
demands of the entire project for the following: a) water; b) reclaimed water; c)
sewer treatment capacity; d) gas and electric services; e) schools; f) police
services; and g) fire protection.
Review and comment on the adequacy of the proposed potable water system
layout for Cantarini and Holly Springs as prepared by Dexter Wilson Engineering,
Inc. dated July 31,2001.
Review and comment on the hydraulic model of the potable water system to
verify the proposed transmission and distribution lines are adequate to serve the
potable water, irrigation and fire protections needs for this project and other
project that will be served by these improvements. Verify there is adequate
water storage to serve this project. Include all mitigation measures required to
serve the project are included in the EIR. The infrastructure layout will also be
included as part of the LFMP amendment for this zone.
Review and comment on the sewer study of the proposed project identifying
peak sewer flows of this project and future areas that will be served of the gravity
sewer lines installed by this project. Ensure the measures required to serve the
project are included in the EIR. The infrastructure layout will also be included as
part of the LFMP amendment for this zone.
-12-
5. Review and comment on the recycled water study detailing the demand (in gpm
and MGD) required by this project and adjacent areas that wili be served by
these improvements. Ensure the measures required to serve the project are
included in the EIR. The infrastructure layout will also be included as part of the
LFMP amendment for this zone.
6. The emergency response plans of the City of Carlsbad shall be analyzed in
conjunction with the proposed project to determine if the project will interfere with
existing plans.
7. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
TRANSPORTATlONlClRCULATlON
Proiect Backwound
The change in land uses proposed by this project will alter the densities in various
areas and have corresponding changes in the amount of traffic generated. The
consultant shall perform a third party review of the Cantarini Property Traffic Analysis,
dated June 28, 2001 and the Hol/y Springs Property Traffic Analysis, dated November
13, 2000 (Reports, hereinafter). The environmental analysis for that portion of College
Boulevard that will serve Cantarini and Holly Springs is covered by the EIR prepared for
the Calavera Hills Master Plan Amendment (EIR 98-02).
- Tasks:
1.
2.
3.
4.
5.
Review the traffic report prepared as part of EIR 98-02 and verify that the land-
use/density assumptions for Cantarini and Holly Springs areas are not exceeded.
Review the Reports to ensure that all requirements of the City of Carlsbad’s
Growth Management Program are satisfied.
Ensure the study limits of the Reports extend to those road segments and
intersections where 20% or more of project-generated traffic is expected impact.
Ensure that the Reports identify the level-of-service (LOS) for the road segments
and intersections for current, near-term and build-out scenarios are identified as
it relates to the proposed project.
Identify locations of signalized intersections.
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6.
7.
8.
9.
10.
11:
12.
13.
14.
15.
Review the Repofls for conformance against SANTECATE Guidelines for Traffic
Impact Studies in the San Diego Region.
Review the Reports against the assumptions made within the City’s latest build-
out traffic model.
Review the Tentative Map exhibits for both Cantarini and Holly Springs to verify
that public roads meet the City of Carlsbad’s Circulation Element requirements.
Review the Tentative Map exhibits for both Cantarini and Holly Springs and verify
the project is constructing all required infrastructure to ensure that the City
Growth Management standards are met.
Review the Tentative Map exhibits for both ‘Cantarini and Holly Springs to identify
any potential conflicts for intersection sight distance and vehicular decisions
associated with the project, using Caltrans standards.
Identify if the proposed project offers potential impacts to areas outside the City
of Carlsbad, and if the project requires any mitigation measures.
Ensure that all required mitigation measures identified in the Repods and the
Tentative Maps for Cantarini and Holly Springs are included in the EIR this
project.
The components of the traffic/circulation analysis should include vehicular traffic,
public transportation, bike and pedestrian traffic, and parking. An evaluation of
the pedestrian and bicycle circulation system for potential hazards shall also be
completed.
The consultant’s analysis should make a determination as to the provision of
adequate access to adjacent properties in compliance with City of Carlsbad
access requirements.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project: recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
VISUAL AESTHETICS/GRADING
Proiect Background
The project site is visible from El Camino Real which is designated as a scenic highway
and the site contributes to the “back country vistas” seen along this roadway. The
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rr
” ..-
I
potential grading/landform and aesthetic impacts associated with this project include cut
and fill slopes in the hillside topography, alteration of the existing topography, and
alteration of natural features such as rock outcroppings. An analysis of the potential
visual impacts is also needed to insure that the project is consistent with the Sunny
Creek Specific Plan intent of maintaining the "ruraliestate character" of the Sunny
Creek area.
Tasks:
1.
2.
3.
4.
5.
6.
The consultant shall describe the existing visual setting of the site including
elevations and topography.
A total of six visual simulations of the final graded project, taken from two key
observation points, shall be prepared and evaluated. The visual simulations
should include 1) existing conditions, 2) the proposed graded pads, and 3) the
graded pads with the proposed maximum building heights depicted. Areas of
particular concern are views from El Camino Real, Views from College
Boulevard, and views of areas containing knolls and rock outcroppings.
The consultant shall analyze the proposed landform alteration for compliance
with the City's Hillside Development Ordinance.
The changes to the visual setting shall be analyzed based on conformance with
the General Plan, Sunny Creek Specific Plan, and El Camino Real Scenic
Corridor policies to determine if the project would result in a significant negative
visual impact.
An evaluation of the aesthetic impacts associated with the proposed phasing of
grading particularly with stockpile and borrow sites shall be completed.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project: recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
-15-
WATER QUALlTYlHYDROLOGY
The proposed projects will incorporate required erosion and sedimentation control
devices to mitigate potential water quality and biological impacts from erosion.
Increased runoff from newly created impervious surfaces such as paving combined with
urban pollutants associated with the proposed development may significantly impact
Agua Hedionda Creek and the Agua Hedionda Lagoon. Mitigation measures to reduce
these impacts as prescribed by the California Regional Water Quality Control Board
(RWQCB), San Diego Region, will be required. Development and implementation of
Best Management Practices (BMP) and compliance with National Pollutant Discharge
Elimination System (NPDES) permit requirements is required for urban pollutant runoff
mitigation. The hydrology studies prepared for the proposed projects shall be utilized in
the preparation of this section of the EIR.
Tasks:
1.
2.
3.
4.
5.
6.
7.
8.
9.
The consultant shall review and identify deficiencies in the Hydrology/
HydraulicdStorm Water Management studies prepared for the project.'
The consultant shall identify impacts to groundwater as it relates to the proposed
detention basin.
Using available data, the consultant shall describe the hydrological setting
(existing hydrological conditions) of the site and general drainage characteristics.
A discussion of existing water quality, based on available RWQCB data for the
project, shall also be included in the EIR.
The consultant shall evaluate the proposed drainage systems adequacy in
regulating the discharge rates of drainage from the project site.
The consultant shall evaluate the degree to which the project will alter existing
drainage patterns to determine if a significant impact will be created.
The consultant shall address and recommend appropriate mitigation measures
to reduce erosion potential onsite.
The consultant shall analyze and evaluate the potential impacts to Agua
Hedionda Creek and Agua Hedionda Lagoon and ensure that the reports identify
all pollutants of concern for this project and the BMP measures required to
address them.
The consultant shall evaluate the proposed project for National Pollutant
Discharge Elimination System permit compliance.
The consultant shall ensure that all permanent detention/pollution control basins
have all-weather vehicular access roads to ensure maintenance.
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10.
11.
12.
13.
The consultant shall ensure that annual maintenance of the permanent
detention/pollution control basins is included in the EIR.
The consultant shall identify maintenance requirements of the structural BMP
measures being implemented with this project.
The consultant shall evaluate the proposed project for impacts to wetlands.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than. significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
CUMULATIVE IMPACTS
The development of the proposed project may lead to several cumulative impacts which
need to be addressed. These cumulative impacts may include, but may not be limited
to: a) degradation of air quality; b) increased traffic congestion; c) increased
requirements for public facilities/utilities; and d) habitat loss.
- Task:
1. As required by CEQA, the EIR shall address cumulative impacts for the
proposed project. This shall include an identification of past, present, and
reasonably anticipated future projects producing related or cumulative impacts,
and shall include a summary of the environmental impacts expected to result
from those projects. It should contain an analysis of the cumulative impacts of
relevant projects and any reasonable options for mitigating or avoiding any
significant cumulative impacts of the proposed project.
2. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
GROWTH INDUCEMENT
The project site is located adjacent to the proposed extension of College Boulevard.
No development other than a few scattered single-family residences currently exists
around the immediate perimeter of the site. The proposed development will extend
existing utilities and construct a portion of College Boulevard.
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1. As required by CEQA, the EIR shall address the impacts of growth inducement
created by the proposed project.
2. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impac!s resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
ALTERNATIVES
As required by CEQA, the consultant shall analyze various project alternatives and
provide an assessment of the potential impacts associated with each alternative. The
consultant shall include in the EIR some discussion .of why each of the selected
alternatives was chosen for analysis. The consultant shall provide a listing of the
environmental advantages and disadvantages of each alternative. The alternatives
shall include the following:
1. Proiect Alternative 1 - “No Proiect” Alternative - This alternative shall analyze the
impacts associated with no development on the entire site.
2. Proiect Alternative 2 - “Land Use Alternative” - The consultant shall evaluate a
variation of the project which is based on the existing General Plan Land Use
Designations and Growth Management dwelling unit projection outlined in the
existing Zone 15 LFMP.
3. Proiect Alternative 3 - “Environmentallv SuPeriodReduced Impact Alternative” -
This alternative would be based on the results of a biological study to avoid
wetland impacts. It should also analyze a project plan which is designed to
reduce landform/grading alterations, VisuaVaesthetic impacts, and other impacts
which are identified.
4. Proiect Alternative 4- “Alternative Sites Analvsis” - The consultant shall analyze
one alternative site for the proposed project. This off-site alternative analysis
shall provide a general level review of all of the environmental issues which were
evaluated for the proposed project site. The alternative site will be identified in
consultation with City staff.
CEQA MANDATED SECTIONS
The consultant shall include all sections mandated by CEQA in the EIR.
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FORMAT
Attached is a sheet titled "Required Format and Contents of an Environmental Impact
Report for the City of Carlsbad" which the EIR document should be prepared in
conformance with.
Attachment: "Required Format and Contents Of an Environmental Impact Report for
the City of Carlsbad.
-19-
Required format and Contents of an
Environmental Impact Report for the City of Carlsbad
Table of Contents
Summary Significant Effects, Proposed Mitigation and Alternatives
Areas of Controversy
Issue to Be Resolved
Project Location Maps
Statement of Objectives
Technical, Economic and Environmental Characteristics
Intended Uses of the EIR
Agencies Expected to Use the EIR
List of Permits and Approvals Required
Baseline Environmental Conditions
Resources Unique to the Region
Consistency with Regional Plans
Significant Effects
Significant Effects Which Cannot Be Avoided or Mitigated
Significant Irreversible Changes
Growth 1nducing.lmpacts
Mitigation Measures
Project Description
Environmental Setting
Consideration and Discussion of Environmental Impacts
Measure proposed by the Applicant
Measures recommended by the Clty or others
Discussion of alternative mitigation measures
Alternatives
Effects Not Found to be Significant
Organizations and Persons Consulted
Discussion of Cumulative Impacts
For Final EIR:
The DElR or a revision of it
Comments and Recommendations Received on the DElR
Persons, Organizations, and Public Agencies commenting on the DElR
Responses to Comments
Table 2. Mooney Associates Cost Estimate
Citv of Carlsbad ATTACHMENT 3
Cantarhi Ranch and Holly Springs EIR
T.sk I .. Project Initiation and Scoping (kick-off mtg in Task 9 below)
Senior Principal
Senior Project Manager
Environmental Planner(Asst. Proj. Mg.)
Task 2 - Renew End Complete Tefhnicd Studies
2.1 Air Quality (Report Preparation)
2.2 Archamlogical and Paleontological Resources (Rcport Review)
Subconsultant - Investigative Science and Engineering
2.3 Biological Resources (includes Wetland Delineation)
Senior Archamlogist
Senior Biologist
Assdate Biologisf
CNDDB Search
2.4 Geology/Soilr (Report Review)
2.5 Noise (Report Review)
Subconsulmt - Ninyo & Moore
2.6 Public Services and Utilities (Potable Water Report Review Only)'
Subconsulmt - Investigative Science and Engineering
2.7 TransponatiodCirculation (Report Review)
Subconsultant - Poumey
2.8 Visual AestheticdGrading (includes Visual Simulations)
Subconsultant - Kau. Okirsu &Associates
Principal Landscape Architect
GIS Coordinator
CAD operator 11
2.9 WaIaQuality~ydrology (Technical Smdy Review Only)
Subconsultant - Poumey
Task 3 - Prepnrnlion of Drnll EIR Sections
3.1 lnvoduction and Executive Summary
Senior Project Manager
Environmental Planner
3.2 Agricultural Resources
Senior Project Manager
Environmental Planner
3.3 Air Quality
Senior Project Manager
Environmental Planner
3.4 Archaeological and Paleontological Resources
Senior Archaeologist
Environmental Planner
3.5 Biological Resources
Senior Biologist
Environmental Planner
$125
$115
$60
$80
$75
$65
$105
$75
$75
SI I5
$60
$115
$60
$115
$60
$80
$60
$75
$60
4
4
12
I2
40
40
20
21
80
24
8
6
24
2
4
2
4
24
40
s 500.00
$ 4m.w
$ 720.00
$1.680.00
16 2.200.00
s 960.00
$ 3,000.00 s 2,600.00
$ 300.00
$ 4.700.00
s 500.00
$ 4.000.00
5 5.000.00
5 2.100.00
S 1575.00
S 6.000.00
$ 6.220.00
$39,155.00
S 2.760.00
$ 480.00
$ 690.00
$ 1,440.00
$ 230.00
$ 240.00
$ 160.00
$ 240.W
$ 1,800.00
S 2,400.00
Page 1
Table 2. Mooney Associates Cost Estimate
City of Carlrbad
Cantmini Ranch and Holly Springs ElR
Task Slflff Rate Hours Cmt Task Suhtotsl
3.6 GeologylSoils
Senior Roject Manager
Environmental Planner
3.7 Hazards
Senior Roject Manager
Environmental Planner
3.8 Land Use Compatibility
Senior Project Manager
Environmental Plm~
3.9 Noire
Senior Project Manager
Environmental planner
3.10 PopulationRlouring
Senior Fmject Manager
Environmental Planner
3.1 I Public Services and Utilities
Senior Project Manager
Envimnmcntal Planner
3.12 TransportuonlCimulation
Senior Project Manager
Environmental Planner
3.13 Visual AeslhcucdGrading
Senior Project Manager
Environmental Planner
3.14 WaterQuahtyMydmlogy
Senior Project Manager
Environmental Planner
3.15 Cumulative Impacts
Senior Project Manager
Environmental Planner
3.16 Growth Inducement
Senior Project Manager
Environmental Planner
3.17 Alternatives
Senior Project Manager
Environmmtal Planner
3.18 Ofher CEQA Mandated Sections
Senior Project Manager
Environmental Planner
Task 4 - Revisions to Drnn EIR
Senior Principal
Senior Project Manager
Environmental Planner
Graphic Coordinator
Word Rocessor
$1 15
$60
$115
$60
$115
$60
$115
$60
SI15
$60
$115
$60
$I I5
$60
$115
$60
$115
$60
$115
$60
$115
560
$115
$60
SI I5
$60
$125
$I 15
$60
$65
$45
2
16
4
12
16
48
2
8
4
8
32
4
4
16
8
24
12
32
40
16
4
8
I2
36
4
12
4
12
36
12
A
S 230.00
5 960.00
$ 460.00
$ 720.00
a 1.840.00
s 2.880.00
S 230.00
$ 480.00
s 460.00
5 480.00
$ 460.00
$ 1.920.00
s 460.00
s 960.00
$ 920.00
s l.440.00
S 1.380.00
$ 1.920.00
$ 1.840.00
$ 2.400.00
5 460.00
$ 480.00
$ 1.380.00
$ 2,I60.00
s 460.00
S 720.00
$ 500.00
$ 1.380.00
$ 780.00
$ 2,I60.00
$ 180.00
UgS40.W
55,000.00
Page 2
r-t , I
Tabk 2. Mooney Associates Cost Estimate
City of Culsbad
Cantarini Ranch and Holly Springs EIR
Task Staff Rate Hours COS1 Task Subtotal
Task 5 -. Response lo Public and Agency CommenLF'
5. I Response to Comments
Senior Pnncipal
Senior Project Manager
Envimnmenlal Planner
Graphic Coordinator
Word hersor
5.2 Revise Response IO Comments
Senior ProJcct Manager
Envimnmental Planner
Graphic Coordinator
Word Rocessor
Task 6 -- Preparation of bdidak Findings and "Rp
6. I Repare Candidafc Findings and MMRP
Envimnmmtal Planner
Senior Project Managa
Graphic Coordinator
Word Rocessor
6.2 Revise Candidate Findings and MMRP
Senior Project Managa
Envimnmenlal Planner
Task 7 .- Repantion of Find EIR
Senior Project Manager
Envimnmental Planner
Graphic Coordinator
Word Rocessor
Task 8 - Report Plinling and Assembly
Quality ConmliArrcmbly
Production ManagerlAssernbly
Screen Check Draft EIR
Revixd Screen Check Draft EIR
Draft EIR + Appedices
Draft EIR + Appendices on CD'
Screen Check Final EIR
Findings of Fact
Revised Screen Check Final EIR. Findings, & MMRP
Final EIR + Appedices
Final EIR + Appendices an CD'
Miscellaneous reproduction, fax, postage etc.
$125
$115
$60
$65
$45
$115
$60
$65
545
$I I5
$60
$65
545
$115
$60
$115
$60
$65
$45
$105
$75
$45
$45
$75
$45
$20
$95
$95
4
16
24
8
4
4
8
4
2
12
24
8
4
2
4
8
16
4
4
12
I8
rn)
5
5
51
5
5
5
51
$ 500.00
S 1.840.00
16 520.00
$ 1.440.00
$ 180.00
I 460.00
$ 480.00
s 260.00
5 90.00
$ 1.380.00
I 1.440.00
a 520.00
$ 180.00
$ 230.00
$ 240.00
$ 920.00
$ 960.00
16 260.00
$ 180.00
$ I,Z60.00
$ 1,350.00
$ 225.00
$ 225.00
$ 3.825.00
$ 500.00
$ 225.00
$ 100.00
$ 475.00
5 4.845.00
s 500.00
$ 1,200.00
$5,770.00
w.990.00
w20.00
$14.730.00
Page 3
Table 2. Mooney Assoclatter Cost Lrtimate
City of Cnrlsbad
htarini Ranch and Holly Springs EIR
Task staff Rate Hours cart Tsk Subtotal
Task 9 -. Meetings (7) and Hearipgs (3)
9.1 Roject Meetings (7)
Senior Principal $125 8 s l.ooo.00
Senior Roject Manager $1 15 24 $ 2,7M).00
Environmental Planner $60 32 $ 1.920.00
Technical Subconsultants (2 meetings per sub) $ 2.870.00
9.2 Public Meetings and Hearings (3)
Senior Principal $125 12 $ ISW.00
Senior Roject Manager $115 12 $ 1.380.00
$11,430.00
Task 10 .- Roject Mamgcmmt/EdiIiug
Senior Principal $125 24 S 3,000.00
Senior Roject Manager $115 56 $ 6,440.00
Envimnmmtal Planner (ASSL Roj. Mp.) 560 48 $ 2,880.00
SI2320.00
TOTAL s134,935.00
‘Public Services and Utilities: Tasks identified in the RFP as items 3,4,5. & 6 are included as optional tasks in Table 3 below.
’Response to comments includes up to 30 individual comments. Fees quoled do not include responses to comments requiring additional
or comments raising legal challenges which require attorney review will be evaluated at the end of the public review period.
research. additional lechnical studies, or significant revisions to technical studies. Cosu to respond to an extensive number of comments
exhibits. and graphics prepared by the client will be available to us in Adobe Acrobat (.pdn format. Additional expenses will be incurred
’&r cost estimate to provide CD versions of the han and Final EIRE with appendices and exhibits assumes that technical repom.
.: if we are required to scan or digitally re-format documents prior to producing the requested CDs. ..
Page 4
AGREEMENT BETWEEN CITY AND BENTLEY EQUITY, LLC
FOR PAYMENT OF EIR CONSULTANT
THIS AGREEMENT is made this 277% day of L@T&dE& 20*,
between the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and Bentley Equity, LLC hereinafter referred to as
"APPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for
approval of a proposed project identified as Cantarini RanchlHolly Springs requiring an
Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequate in
number to process the Environmental Impact Report in a timely and thorough manner;
and
WHEREAS, APPLICANT in order to ensure the expeditious processing of
said Environmental Impact Report desires to pay to CITY the amount necessary to hire
a CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions, it
is agreed as follows:
1. The CITY will engage the firm of Mooney 8, Associates hereinafter
referred to as "CONTRACTOR to perform the necessary work in the processing and
monitoring of the Environmental Impact Report for that area more particularly depicted
upon a site map attached as Attachment "A" and made a part of this agreement.
Ill
Ill
1 Rev. 07/31/00
2. It is understood that the CONTRACTOR services shall conform to
the Proposal attached as Attachment "B" and made a part of this agreement, and may
require:
a) Field exploration;
b) Weekly communication with the City staff;
c) Written reports; and
d) Such other work necessary to properly evaluate the
proposed project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONTRACTOR to
complete a draft and final Environmental Impact Report at the earliest feasible time.
The CITY will advise the APPLICANT in writing of any impacts which may render the
proposed project infeasible within a reasonable time after CITY has received the
CONTRACTOR'S conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONTRACTOR 's services. Such cost shall be based on the costs set forth in
Attachment "C". The APPLICANT has advanced the sum of One Hundred Thirty-four
Thousand Nine Hundred Thirty-five Dollars ($ 134,935.00) as payment on account for
the actual cost of the CONTRACTORS services. In the event it appears, as the work
progresses, that said sum will not be sufficient to cover the actual cost, the CITY will
notify the APPLICANT of the difference between the amount deposited and the new
estimated cost. CITY will ensure, to the extent feasible, that no further work will be
performed by the CONTRACTOR incurring an obligation beyond the amount advanced
without an appropriate amendment to this Agreement. If the actual cost of preparing
the report is less than the APPLICANT'S advance, any surplus will be refunded to
2 Rev. 07/31/00
APPLICANT by CITY.
5. It is understood that the CONTRACTOR shall be an independent
contractor of the CITY and CITY shall not be liable for any negligent acts or omissions
of the CONTRACTOR. The APPLICANT agrees to permit the CONTRACTOR to enter
upon his property and to perform all work thereon as the CONTRACTOR deems
necessary to complete the Environmental Impact Report. It is agreed that the
APPLICANT will not interfere with the CONTRACTOR in the performance of such work
or attempt to influence such CONTRACTOR during the course of his investigation and
report.
6. It is understood that the CITY will attempt to bring the
Environmental Impact Report to Planning Commission and City Council as soon as
possible, barring no delays from the APPLICANT.
7. The City shall not be required to defend any third party claims and
suits challenging any action taken by the City with regard to any procedure or
substantive aspect of the City’s environmental process and approval of development of
the property. If the City, in its sole and absolute discretion defends such action or
proceeding, the Applicant shall be responsible and reimburse the City for whatever
legal fees and costs, in their entirely, may be incurred by the City in defense of such
action or proceeding. The City shall have the absolute right to retain such legal counsel
as the City deems necessary and appropriate. Applicant shall reimburse the City for
any award of court costs or attorney fees made against City in favor of any third party
challenging either the sufficiency of a negative declaration or EIR or the validity of the
City’s approval of the application. This obligation survives until all legal proceedings
have been concluded and continues even if the City’s approv,al is not validated.
3 Rev. 07/31/00
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
Executed by APPLICANT this day of I 20".
APPLICANT:
Bentley Equity, LLC a California limited
liability company,
by its Managing Member,
David M. Bentley
(Name of Applicant) !
(sign here)
(print name herekitle)
By:
(sign here)
(print name herehitle)
ATTEST:
LORRANE M. WOOD, City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the ofTcer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv: ~/ihWA?q
eputy City Attorney
4 Rev. 07/31/00
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ALC os^ '7 9 ,'4a;2 before me, AALr5 F fs4C Hi"
Notary Public, personally appeared OAil i 0 M . &F/UTL F 3 [ 1 PdY
knewahzme - ork] proved to me on the basis of satisfactory evidence to be the person(@ whose
name(*) idax subscribed to the within instrument and acknowledged to me that helskekkej,
executed the same in hismsFCtkeir authorized capacity(k), and that by hishedthen signature(8)
on the instrument the person@), or the entity upon behalf of which the person(@ acted, executed
the instrument.
WITNESS my hand and official seal.
..'.. (Signature ofNotary) , -.
ATTACHMENT A
CANTARINI/HOLLY SPRINGS JOINT EIR
ElR.02-02
ATTACHMENT B
CANTARlNl RANCHlHOLLY SPRINGS SUBDIVISIONS
AND RELATED APPLICATIONS
ENVIRONMENTAL IMPACT REPORT SCOPE OF WORK
EIR 02-02
SCOPE OF CONSULTANT SERVICES
The consultant shall prepare an Environmental Impact Report for the Cantarini Ranch
and Holly Springs subdivisions and related applications which is acceptable to the City.
The EIR shall be prepared pursuant to all applicable state laws and shall conform to the
California Environmental Quality Act (CEQA) and State ElR guidelines.
The consultant shall be responsible for the accuracv and completeness of all
information contained in the Final Draft EIR. If the Consultant does not wish to
accept responsibilitv for the information contained in the technical studies, the
Consultant snall provide to the Citv statements sianed bv the appropriate
technical consultant acceptinq responsibilitv for the accuracv and completeness
of any studieslreports prepared by that technical consultant. These sianed
statements of responsibility shall be made a part of the appendices of the EIR.
The Consultant shall:
1.
2.
3.
4.
5.
Obtain all reference material and conduct all research and field data collection
necessary to prepare the EIR.
Identify, discuss and develop appropriate mitigation monitoring programs for any
impacts which may be associated with the short-term and/or long-term
development of the site.
Provide five (5) screen check draft documents for city staff review which will be
consistent with CEQA and the Carlsbad Environmental Protection Ordinance
(Title 19 of the Carlsbad Municipal Code) within six (6) weeks from entering into
agreement with the City.
Provide five (5) copies of the revised Draft EIR text, including appendices and
exhibits, which incorporate staffs written recommendations and revisions to the
screen check Draft EIR, in addition to the first draft of a Mitigation Monitoring and
Reporting Program and Candidate Findings of Fact within ten (10) weeks from
entering into agreement with the City.
Provide fifty (50) copies plus one (1) reproducible master of the City-approved
Draft EIR with appendices, exhibits, and Mitigation Monitoring and Reporting
-1-
Program. Twenty-five (25) of those copies shall be in 3-ring, loose-leaf binders,
and twenty-five (25) shall be spiral-bound copies.
6. Provide ten (IO) copies of the City-approved Draft EIR with appendices, exhibits,
and Mitigation Monitoring and Reporting Program on CD's, including one (1)
Master CD from which copies can be made.
7. Respond to comments made during the Draft EIR public review period.
Consultant shall submit written responses to comments and provide five (5)
screen check Final EIR documents which include all comments on the Draft EIR
within two (2) weeks after the public review period. In addition five (5) copies of
the Candidate Findings of Fact incorporating staffs comments shall be
submitted.
8. Provide five (5) copies of the Final Draft EIR, including appendices and exhibits,
which shall incorporate staffs written recommendations and revisions to the
screen check Final EIR, a Mitigation Monitoring and Reporting Program and a
separate submittal consisting of the Candidate Findings of Fact within two (2)
weeks of receiving the written comments from City Staff on the responses to
comments and the Final EIR.
9. Provide fifty (50) copies plus one (1) reproducible master of the City-approved
Final EIR with appendices and exhibits. Twenty-five (25) of those copies shall
be in 3-ring, loose-leaf binders, and twenty-five (25) shall be spiral-bound copies.
10. Provide ten (1 0) copies of the City-approved Final EIR with appendices, exhibits,
and Mitigation Monitoring and Reporting Program on CD's, including one (1)
Master CD from which copies can be made.
1 1. Attend up to ten (1 0) meetings, including but not limited to:
W One (1) kick-off meeting with City Staff.
W One (1) public scoping meeting.
W Two (2) meetings with staff to discuss issues regarding the preparation of
W One (1) meeting with staff to review comments on the screen check draft.
W One (1) meeting with staff to review responses to public comments and
W Up to three (3) public hearings with presentations as necessary as
the screen check draft.
the final draft.
determined by City staff.
1. In addition, as part of the proposal, the consultant should provide a detailed
Work Program designed to comprehensively address and analyze the scope of
issues identified and described below:
-2-
INTRODUCTION AND EXECUTIVE SUMMARY
The introductory chapter and executive summary is a required section under CEQA.
This section should provide sufficient detail to evaluate and review the environmental
impacts of the project, but not excessive detail. It may be used as a “stand alone”
document.
Tasks:
1. The consultant shall prepare an introductory chapter and executive summary
pursuant to all applicable CEQA requirements. This section should identify the
project location and boundaries on detailed regional maps. It should include a
general description of the project’s technical, economic, and environmental
characteristics. It should include a statement briefly describing the intended
uses of the EIR. It should also list the agencies which are expected to use the
EIR in their decision-making and the approvals for which the EIR will be used.
This section must itemize and discuss briefly. each significant effect of the
project, as well as proposed mitigation measures required and alternatives which
would reduce or avoid that impact. It should identify areas of controversy and
issues raised by agencies or the public. Issues which would remain to be
resolved should be called out, including the choices among alternatives and
whether or how to mitigate the significant impacts.
The EIR shall comprehensively address and analyze the scope of issues identified and
described below:
AGRICULTURAL RESOURCES
Proiect Backaround
About a third of the combined project area is being used for on-going agricultural
activities. Agricultural uses were established on the site between 1928 and 1960.
Approximately 70 acres of farmland will be impacted due to the proposed development.
If the HMP is adopted, the project will be required to pay an agricultural mitigation fee to
off-set the impacts. Although none of the property is listed as “prime” agricultural land,
the southwest portion of the site is designated as “S” Farmland of Statewide Importance
and the southeast portion is designated as “L” Farmland of Local Importance according
to the San Diego County Important Farmlands Map, California Department of
Conservation, 1992. Further analysis is necessary to determine if that loss is
significant.
- Tasks:
1. The consultants shall describe the project’s agricultural setting and analyze the
agricultural quality of the site and the impact of the project on state and local
-3-
agricultural resources. This shall include an analysis of type, amount. location,
and economic value of the farmland which will be converted to non-farming uses.
It shall also identify any impacts conflicts with thresholds for farmland conversion
established by the State Department of Conservation.
2. The consultant shall identify the criteria used to determine significance; identify any significant and less than significant and/or direct and indirect impacts
resulting from the project; recommend appropriate mitigation measures as may
be required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
AIR QUALITY
Proiect Backwound
The project contains a pedestrian and bicycle trail system which will connect to the
citywide trail system. While this system will provide for these alternative forms of
transportation to the automobile it is not anticipated that it will result in a significant
reduction in average daily vehicle trips. Mass transit will be limited to bus routes
determined to be feasible by the North County Transit District (NCTD).
Although the project has been designed to encourage pedestrian traffic to the greatest
extent possible and to accommodate public transit adjacent to the multi-family housing
project, the development of the proposed project will result in an incremental increase
in local and regional air pollution. Grading for the project may also contribute
significantly to the generation of fugitive dust. The San Diego Air Basin is classified as
a ”severe” non-attainment area for both federal and state standards for ozone (smog).
The San Diego Air Basin also exceeds the state standard for airborne particulate
matter.
Impacts from the project may include construction emissions, equipment exhaust,
fugitive dust, and vehicle emissions. The project’s impact may be significant as the
region presently does not meet air quality standards. Additional mitigation measures
may be necessary such as providing for public transit in the project design and
development of the trail system to serve both recreational and non-motorized
transportation purposes.
1. The consultant shall discuss the project setting, including a review of the regional
meteorology. The consultant shall review and address both short-term and long-
term air quality impacts of the project. Recommended analysis to determine
emissions resulting from the project may include:
A. Provision of a summary of required emissions data;
-4-
2.
3.
8. Calculations of air quality impacts and emissions during construction and
operation of the project; and,
C. Modeling of air quality impacts, including modeling of ambient air quality
Air quality impacts shall be analyzed in regard to the following:
A. Project emissions from vehicular and stationary sources
8. GradinglBlasting and Construction
C. Compliance with federal and state standards as well as regional air quality
attainment plans.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
The Cantarini Ranch project area was surveyed for cultural resources in 1998 which
resulted in the identification of seven cultural resource locations. A subsequent
Significance Evaluation was prepared and determined that none of the sites were
considered unique under CEQA guidelines, since the sites were found to have
undergone dramatic transformation and did not contain the quantity, quality, or variety
of artifacts necessary to address important research questions. The report concluded
that no additional testing, preservation, or monitoring during construction would be
necessary.
The Holly Springs area was also surveyed for cultural resources in 1999. No cultural
resource sites were identified, nor were there any previously recorded cultural resource
sites identified through research of archives and documents.
The subject sites are located in an area identified by the General Plan as an area which
could contain potentially significant fossil areas. Some areas of the project site consist
of soil formations (Pleistocene-aged Terrace Deposits and soils of the Santiago and
Lusardi Formations) which have a high potential to contain fossils. Mass grading
required for development of the proposed project may result in potentially significant
impacts to paleontological resources. These impacts may be mitigated to below a level
of significance by incorporation of a monitoring program and collection of fossils, if any
are identified during cutting.
-5-
Tasks:
1, The consultant shall demonstrate that he meets the minimum qualifications for
Cultural Resource Professionals required by the "City of Carlsbad Cultural
Resource Guidelines" dated December 1990.
2. The consultant shall perform a third party review of the cultural resoE:ce reports
and incorporate the findings of the review into the text of the EIR.
3. The consultant shall evaluate the site with respect to soil types known to contain
possible paleontological resources. These areas shall be surveyed and
mitigated if found significant. The City has a standard two phased program
which is required to be undertaken to avoid possible significant impacts on
paleontological resources.
4. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
BIOLOGICAL RESOURCES
Proiect Description
Impacts to biological resources are expected to occur as a result of the proposed
project. Portions of the site have been previously graded to accommodate the
agricultural uses. Native vegetation exists on the majority of the Holly Springs site and
primarily on the west half of the Cantarini property. Recon has prepared Biological
Resources Reports and Impact Analysis for both the Cantarini and Holly Springs sites.
These studies shall be utilized in the preparation of this section of the EIR. Much of'the
project site will be preserved in open space through the City's draft Habitat
Management Plan (HMP), adopted by the City Council. Although the HMP has not yet
been adopted by outside agencies, the mitigation measures contained in the draft HMP
will be applicable to these projects.
Tasks:
1. The consultant shall describe the biological setting and shall perform a third-
party review of the Biological Resources Repqrt and Impact Analysis, and
Wetlands Delineation Reports. The consultant shall evaluate the methodologies
and conclusions contained in the reports for legal and scientific adequacy and
accuracy to ensure that the impact and mitigation analyses are of a scale and
level of effort appropriate to the requirements of the project. The consultant shall
-6-
2.
3.
4.
5.
6.
7.
identify any flaws in the methodologies and/or conclusions and, if no flaws are
found, shall incorporate the findings of the review into the text of the EIR.
The Consultant shall evaluate the proposed draft HMP "hardline" revisions to
determine if "equal to or better" habitat conservation will be achieved.
Light and glare impacts on the preserve areas shall be analyzed.
Project impacts to wetlands areas and feasibility of the proposed enhancements
to the Cantarini Ranch pond area shall be evaluated.
The consultant shall identify any additional impacts to open space areas
resulting from road easements to service utility or drainage areas.
The consultant shall identify any impacts to open space resulting from the
proposed trail system and potential users including, but not limited to
pedestrians, cyclists, and equestrians.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
GEOLOGY/SOILS
Proiect Backaround
The subject property consists of ridges and steeply sloping hillside and valley terrain to
gently sloping low, broad hills and shallow valleys in the central and southern portions
of the site. Surface rock outcrops are common within higher elevations of the property.
Elevations range from a high of approximately 420+ feet mean sea level (msl) in the
corner of the site to a low of 70+ feet (msl) along the extreme southwestern boundary.
Natural drainage is accomplished through a network of small drainages and canyon
areas, while the site ultimately drains in a southwesterly direction to an east-west
trending canyon (south of the site). A number of natural seepages or springs are
located in the eastern portions of the Cantarini and Holly Springs properties. These
seepage areas feed the pond in the Cantarini property and the small pond in the Holly
Springs property.
As determined by the geotechnical reports prepared for the subject properties, the
geologic units present on the.sites consist of undocumented fill soils, Topsoil, Alluvium
and Colluvium, Terrace Deposits, Santiago Formation, Point Loma Formation, Lusardi
Formation, and Cretaceous Granitic Rock.
-1-
A Phase I Environmental Site Assessment was prepared for the Holly Springs property
and Phase I and II Environmental Site Assessments were prepared for the Cantarini
property. These studies provide information relating to soils, groundwater, and the
presence of hazardous materials on the site.
T_asks:
1.
2.
3.
4.
5.
The consultant shall describe the geological setting, including existing soil and
geologic conditions. The consultant shall perform a third-party review of the
Geotechnical Reports and the Phase I and Phase II Environmental Site
Assessments prepared for the project sites. The consultant shall evaluate the
analysis and conclusions contained in the reports and site assessments and
evaluate the'adequacy of the impact analysis, particularly with regard to unstable
soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground
shaking, subsidence, settlement, surcharging, liquefaction, proposed slope
stability, and groundwater impacts. The consultant shall identify any
flawslinadequacies in the analyses and conclusions and, if no
flaws/inadequacies are found, shall incorporate the findings of the
reports/assessments into the text of the EIR.
The consultant shall also evaluate the applicability and limit of ripping and/or
blasting and the additional environmental impacts such operations would have
particularly on nearby developed properties.
The consultant shall also evaluate the potential for over-excavation, removal,
recompaction, or export of unsuitable soils relative to creating additional impacts
on habitat preservation areas.
An analysis of groundwater and the potential for groundwater impacts to the
proposed project, roads, and structures will be required.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
-8-
HAZARDS
Proiect Backsround
The project site and vicinity has the potential to be impacted by natural hazards .such as
floodplains and high fire hazard areas. These potential hazards as they relate to the
project require analysis to determine if project approval would put persons and property
at an unacceptable risk.
Tasks:
1. The consultant shall evaluate all available floodplain mapping and source
documents to determine the boundaries of the floodplain as they apply to the
project site. Grade alterations proposed by the development shall be reviewed
to determine their impact on the floodplain. The consultant shall also review the
City of Carlsbad Floodplain Regulations to determine if the project is in
compliance with the requirements contained within the ordinance.
2. The consultant shall identify the areas of the project site which are considered to
be high fire hazard areas. The City’s Fire Marshal shall be consulted as to the
acceptability of proposed development sites adjacent to high fire hazard areas as
well as possible mitigation measures needed to reach an acceptable level of
safety, especially with regard to response time requirements as identified by the
City’s Growth Management Plan.
3. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
LAND USE COMPATIBILITY
Proiect Backaround
The project includes a number of discretionary permits including a General Plan
Amendment, Zone Change, Local Facilities Management Plan Amendment for Zone
15, Tentative Map, Site Development Plan, Hillside Development Permit, and Special
Use Permit. The area is surrounded primarily by undeveloped land although several
properties have project applications on file that are being reviewed. The City Council’s
adoption of the Draft Habitat Management Plan (HMP) for the property has established
the areas to be preserved and those areas which may be developed. The HMP
provides for amending the General Plan to designate the preserve areas as open space
and changing land use designations on the areas to be developed. The General Plan
Amendment will also provide for a transfer of the allowed project density to the multi-
-9-
family site resulting in a higher-density land use designation than currently exists on the
site. The precise location of the open space on the existing General Plan Land Use
Map needs to be analyzed and may be slightly altered in some locations to be in
compliance with the preserve boundaries. The City's General Plan contains a process
and required findings to adjust the boundaries of General Plan designated Open Space.
Tasks:
1, The consultant shall describe the environmental setting of the project. This will
include a discussion of any inconsistencies between the proposed project and
the City's adopted General Plan and zoning, and any applicable regional plans.
The consultant shall examine the existing physical conditions as well as the
potential future conditions.
2. The consultant shall perform a detailed project review to confirm the project's
compliance with City ordinances and policies. The ordinances and policies shall
include: 1) the City of Carlsbad General Plan, 2) the Draft Habitat Management
Plan, 3) the Carlsbad Zoning Ordinance (Title 21) including the Hillside
Development Regulations, Floodplain Regulations, and Growth Management
Chapter, 4) McClellan Palomar Airport Comprehensive Land Use Plan, 5) Scenic
Corridor Guidelines, 6) Landscape Manual, 7) Open Space and Conservation
Resource Management Plan, 8) El Camino Real Corridor Development
Standards, and 9) Subdivision Regulations (Title 20).
3. The consultant shall analyze the land use compatibility between the proposed
multi-family development and surrounding existing and proposed development.
4. The consultant shall analyze the impacts of the proposed General Plan
Amendment and related applications on the subject site.
5. The consultant shall analyze the project's compatibility with Palomar Airport in
terms of proposed land uses, noise and height restrictions.
6. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
NOISE
Proiect Background
Transportation noise impacts from the College Boulevard would be the primary noise
source in the future. Impacts associated with construction of the project will also .
-1 0-
introduce additional noise into the area. Increases in traffic volumes in the area will add
incremental noise. - Tasks:
1. The consultant shall perform a third party review of the noise report and
incorporate the findings of the review into the text of the EIR.
2. Recommendations for mitigation measures or requirements for additional studies
shall be presented as necessary in the EIR.
3. The McClellan-Palomar Airport Land Use Plan shall also be reviewed to
determine whether the identified noise levels and proposed land uses will be
compatible and what additional requirements of the airport plan shall be imposed
in the project.
4. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
POPULATlONlHOUSlNG
Proiect Backaround
The proposal will not cumulatively exceed official regional or local population
projections in that the Zone 15 LFMP estimated approximately 675 dwelling units for
the project area based on a density of 2.88 units per net developable acre within the
Sunny Creek Specific Plan area and 3.2 units per net developable acre within the
remaining project area. A total of 228 dwelling units are proposed. Of these, 105 will
be market-rate single-family estate type homes within Cantarini Ranch, 43 homes
within Holly Springs are proposed as custom home lots, and the remaining 80 units will
be within the proposed apartment project. This multi-family housing site will be used to
satisfy the 15% inclusionary (affordable) housing requirements for the Cantarini Ranch
and Holly Springs projects.
The project could induce growth since the project will bring roads and utilities into a
relatively undeveloped area and will provide utilities and access to adjacent
undeveloped properties.
Tasks:
1. The consultant shall make a comparison to the General Plan and Zone 15
Dwelling Unit allowances for the proposed project.
-11-
2. The consultant shall analyze the proposal to determine if it will induce substantial
growth in the area either directly or indirectly.
3. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
PUBLIC SERVICES AND UTILITIES
Proiect Backaround
The proposed project includes the preparation of an amendment to the Local Facilities
Management Plan for Zone 15. The proposed General -Plan Amendment would revise
the land uses for the property, thereby creating the requirement to amend the existing
Zone 15 LFMP and determine if the demand on public services and facilities will be
significant.
Tasks:
1.
2.
3.
4.
The consultant shall describe the project setting and shall determine the
demands of the entire project for the following: a) water; b) reclaimed water; c)
sewer treatment capacity; d) gas and electric services; e) schools; f) police
services; and g) fire protection.
Review and comment on the adequacy of the proposed potable water system
layout for Cantarini and Holly Springs as prepared by Dexter Wilson Engineering,
Inc. dated July 31, 2001.
Review and comment on the hydraulic model of the potable water system to
verify the proposed transmission and distribution lines are adequate to serve the
potable water, irrigation and fire protections needs for this project and other
project that will be served by these improvements. Verify there is adequate
water storage to serve this project. Include all mitigation measures required to
serve the project are included in the EIR. The infrastructure layout will also be
included as part of the LFMP amendment for this zone.
Review and comment on the sewer study of the proposed project identifying
peak sewer flows of this project and future areas that will be served of the gravity
sewer lines installed by this project. Ensure the measures required to serve the
project are included in the EIR. The infrastructure layout will also be included as
part of the LFMP amendment for this zone.
-12-
5. Review and comment on the recycled water study detailing the demand (in gprn
and MGD) required by this project and adjacent areas that will be served by
these improvements. Ensure the measures required to serve the project are
included in the EIR. The infrastructure layout will also be included as part of the
LFMP amendment for this zone.
6. The emergency response plans of the City of Carlsbad shall be analyzed in
conjunction with the proposed project to determine if the project will interfere with
existing plans.
7. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
TRANSPORTATlON/ClRCULATlON
Proiect Backaround
The change in land uses proposed by this project will alter the densities in various
areas and have corresponding changes in the amount of traffic generated. The
consultant shall perform a third party review of the Cantarini Property Traffic Analysis,
dated June 28, 2001 and the HoUy Springs Property Traffic Analysis, dated November
13, 2000 (Reports, hereinafter). The environmental analysis for that portion of College
Boulevard that will serve Cantarini and Holly Springs is covered by the EIR prepared for
the Calavera Hills Master Plan Amendment (EIR 98-02).
Tasks:
1.
2.
3.
4.
5.
Review the traffic report prepared as part of EIR 98-02 and verify that the land-
use/density assumptions for Cantarini and Holly Springs areas are not exceeded.
Review the Reports to ensure that all requirements of the City of Carlsbad’s
Growth Management Program are satisfied.
Ensure the study limits of the Reports extend to those road segments and
intersections where 20% or more of project-generated traffic is expected impact.
Ensure that the Reports identify the level-of-service (LOS) for the road segments
and intersections for current, near-term and build-out scenarios are identified as
it relates to the proposed project.
Identify locations of signalized intersections.
-13-
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Review the Reports for conformance against SANTECllTE Guidelines for Traffic
Impact Studies in the San Diego Region.
Review the Reports against the assumptions made within the City’s latest build-
out traffic model.
Review the Tentative Map exhibits for both Cantarini and Holly Springs to verify
that public roads meet the City of Carlsbads Circulation Element requirements.
Review the Tentative Map exhibits for both Cantarini and Holly Springs and verify
the project is constructing all required infrastructure to ensure that the City
Growth Management standards are met.
Review the Tentative Map exhibits for both Cantarini and Holly Springs to identify
any potential conflicts for intersection sight distance and vehicular decisions
associated with the project, using Caltrans standards.
Identify if the proposed project offers potential impacts to areas outside the City
of Carlsbad, and if the project requires any mitigation measures.
Ensure that all required mitigation measures identified in the Reports and the
Tentative Maps for Cantarini and Holly Springs are included in the EIR this
project.
The components of the traffic/circulation analysis should include vehicular traffic,
public transportation, bike and pedestrian traffic, and parking. An evaluation of
the pedestrian and bicycle circulation system for potential hazards shall also be
completed.
The consultant’s analysis should make a determination as to the provision of
adequate access to adjacent properties in compliance with City of Carlsbad
access requirements.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
VISUAL AESTHETICS/GRADING
Proiect Backaround
The project site is visible from El Camino Real which is designated as a scenic highway
and the site contributes to the “back country vistas” seen along this roadway. The
-14-
potential gradingllandform and aesthetic impacts associated with this project include cut
and fill slopes in the hillside topography, alteration of the existing topography, and
alteration of natural features such as rock outcroppings. An analysis of the potential
visual impacts is also needed to insure that the project is consistent with the Sunny
Creek Specific Plan intent of maintaining the “rural/estate charactei‘ of the Sunny
Creek area.
Tasks:
1
2,
3.
4.
5.
6.
The consultant shall describe the existing visual setting of the site including
elevations and topography.
A total of six visual simulations of the final graded project, taken from two key
observation points, shall be prepared and evaluated. The visual simulations
should include 1) existing conditions, 2) the proposed graded pads, and 3) the
graded pads with the proposed maximum building heights depicted. Areas of
particular concern are views from El Camino Real, Views from College
Boulevard, and views of areas containing knolls and rock outcroppings.
The consultant shall analyze the proposed landform alteration for compliance
with the City’s Hillside Development Ordinance.
The changes to the visual setting shall be analyzed based on conformance with
the General Plan, Sunny Creek Specific Plan, and El Camino Real Scenic
Corridor policies to determine if the project would result in a significant negative
visual impact.
An evaluation of the aesthetic impacts associated with the proposed phasing of
grading particularly with stockpile and borrow sites shall be completed.
The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
-15-
WATER QUALITY/HYDROLOGY
The proposed projects will incorporate required erosion and sedimentation control
devices to mitigate potential water quality and biological impacts from erosion.
Increased runoff from newly created impervious surfaces such as paving combined with
urban pollutants associated with the proposed development may significantly impact
Agua Hedionda Creek and the Agua Hedionda Lagoon. Mitigation measures to reduce
these impacts as prescribed by the California Regional Water Quality Control Board
(RWQCB), San Diego Region, will be required. Development and implementation of
Best Management Practices (BMP) and compliance with National Pollutant Discharge
Elimination System (NPDES) permit requirements is required for urban pollutant runoff
mitigation. The hydrology studies prepared for the proposed projects shall be utilized in
the preparation of this section of the EIR.
- Tasks:
1.
2.
3.
4.
5.
6.
7.
8.
9.
The consultant shall review and identify deficiencies in the Hydrology/
Hydraulics/Stonn Water Management studies prepared for the project.
The consultant shall identify impacts to groundwater as it relates to the proposed
detention basin.
Using available data, the consultant shall describe the hydrological setting
(existing hydrological conditions) of the site and general drainage characteristics.
A discussion of existing water quality, based on available RWQCB data for the
project, shall also be included in the EIR.
The consultant shall evaluate the proposed drainage systems adequacy in
regulating the discharge rates of drainage from the project site.
The consultant shall evaluate the degree to which the project will alter existing
drainage patterns to determine if a significant impact will be created.
The consultant shall address and recommend appropriate mitigation measures
to reduce erosion potential onsite.
The consultant shall analyze and evaluate the potential impacts to Agua
Hedionda Creek and Agua Hedionda Lagoon and ensure that the reports identify
all pollutants of concern for this project and the BMP measures required to
address them.
The consultant shall evaluate the proposed project for National Pollutant
Discharge Elimination System permit compliance.
The consultant shall ensure that all permanent detention/pollution control basins
have all-weather vehicular access roads to ensure maintenance.
-16-
10. The consultant shall ensure that annual maintenance of the permanent
detention/pollution control basins is included in the EIR.
11. The consultant shall identify maintenance requirements of the structural BMP
measures being implemented with this project.
12. The consultant shall evaluate the proposed project for impacts to wetlznds.
13. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
CUMULATIVE IMPACTS
The development of the proposed project may lead to several cumulative impacts which
need to be addressed. These cumulative impacts may include, but may not be limited
to: a) degradation of air quality; b) increased traffic congestion; c) increased
requirements for public facilitieshtilities; and d) habitat loss.
Task:
1. As required by CEQA, the EIR shall address cumulative impacts for the
proposed project. This shall include an identification of past, present, and
reasonably anticipated future projects producing related or cumulative impacts,
and shall include a summary of the environmental impacts expected to result
from those projects. It should contain an analysis of the cumulative impacts of
relevant projects and any reasonable options for mitigating or avoiding any
significant cumulative impacts of the proposed project.
2. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
GROWTH INDUCEMENT
The project site is located adjacent to the proposed extension of College Boulevard.
No development other than a few scattered single-family residences currently exists
around the immediate perimeter of the site. The proposed development will extend
existing utilities and construct a portion of College Boulevard.
-17-
- Task:
1. As required by CEQA, the EIR shall address the impacts of growth inducement
created by the proposed project.
2. The consultant shall identify the criteria used to determine significance; identify
any significant and less than significant, direct and indirect, impacts resulting
from the project; recommend appropriate mitigation measures as may be
required; and, identify any impacts remaining after implementation of the
recommended mitigation measures.
ALTERNATIVES
As required by CEQA, the consultant shall analyze various project alternatives and
provide an assessment of the potential impacts associated with each alternative. The
consultant shall include in the EIR some discussion .of why each of the selected
alternatives was chosen for analysis. The consultant shall provide a listing of the
environmental advantages and disadvantages of each alternative. The alternatives
shall include the following:
1. Proiect Alternative 1 - “No Proiect” Alternative - This alternative shall analyze the
impacts associated with no development on the entire site.
2. Proiect Alternative 2 - “Land Use Alternative” - The consultant shall evaluate a
variation of the project which is based on the existing General Plan Land Use
Designations and Growth Management dwelling unit projection outlined in the
existing Zone 15 LFMP.
3. Proiect Alternative 3 - “Environmentallv SuperiodReduced Impact Alternative” -
This alternative would be based on the results of a biological study to avoid
wetland impacts. It should also analyze a project plan which is designed to
reduce landfordgrading alterations, VisuaVaesthetic impacts, and other impacts
which are identified.
4. Proiect Alternative 4- “Alternative Sites Analvsis” - The consultant shall analyze
one alternative site for the proposed project. This off-site alternative analysis
shall provide a general level review of all of the environmental issues which were
evaluated for the proposed project site. The alternative site will be identified in
consultation with City staff.
CEQA MANDATED SECTIONS
The consultant shall include all sections mandated by CEQA in the EIR.
-1 8-
FORMAT
Attached is a sheet titled “Required Format and Contents of an Environmental Impact
Report for the City of Carlsbad” which the EIR document should be prepared in
conformance with.
Attachment: “Required Format and Contents of an Environmental Impact Report for
the City of Carlsbad”.
-19-
Required format and Contents of an
Environmental Impact Report for the City of Carlsbad
Table of Contents
Summary
Significant Effects, Proposed Mitigation and Alternatives
Areas of Controversy
Issue to Be Resolved
Project Location Maps
Statement of Objectives
Technical, Economic and Environmental Characteristics
Intended Uses of the EIR
Agencies Expected to Use the EIR
List of Permits and Approvals Required
Baseline Environmental Conditions
Resources Unique to the Region
Consistency with Regional Plans
Significant Effects
Significant Effects Which Cannot Be Avoided or Mitigated
Significant Irreversible Changes
Growth Inducing Impacts
Mitigation Measures
Project Description
Environmental Setting
Consideration and Discussion of Environmental Impacts
Measure proposed by the Applicant
Measures recornmended by the City or others
Discussion of alternative mitigation measures
Alternatives
Effects Not Found to be Significant
Organizations and Persons Consulted
Discussion of Cumulative Impacts
For Final EIR:
The DElR or a revision of it
Comments and Recommendations Received on the DElR
Persons, Organizations, and Public Agencies commenting on the DElR
Responses to Comments
Table 2. Mooney Associates Cost Estimate
Citv of Carlsbad ATTACHMENT C
Cantarhi Ranch and Holly Springs EIR
Task StaU Rate Hours cost Task Subtotal
Task 1 - Project Initiation and Scoping (kick-ofimtg in Task 9 below)
Senior Principal
Senior Project Manager
Environmental Planner (Arst. Proj. Mgr.)
Task 2 -*Review and Complete Technical Studies
2.1 Air Quality (Repon Reparation)
2.2 Archaeological and Paleontological Resources (Report Review)
Subconsultant - Investigative Science and Engineering
2.3 Biological Resources (includes Wetland Dclineation)
Senior Archaeologist
Senior Biologist
CNDDB Search
Associate Biologist
2.4 Ceology/Soils (Repon Review)
2.5 Noise (Repon Review)
Subconsultant - Ninyo & Moore
Subconsultant - Investigative Science and Engineering
2.6 Public Services and Utilities (Potable Waler Repon Review Only)'
Subconsultant - Poumey
2.7 TransprtatiorJCirculation (Repon Review)
Subconsultant - Kau. Okitsu & Associates
2.8 Visual AestheticdGrading (includes Visual Simulations)
Principal Landscape Architect
GIS Coordinator
CAD operator n
2.9 Water Qualitymydrology (Technical Study Review Only)
Subconsultant - Poumey
Task 3 -- Prepamtion of Dmfl EIR Sections
3.1 Introduction and Executive Summary
Senior Project Manager
Environmental Planner
3.2 Agricultural Resources
Senior Project Manager
Environmental Planner
3.3 Air Quality
Senior Project Manager
Environmental Planner
3.4 Archaeological and Paleontological Resources
Senior Archaeologist
Environmental Planner
3.5 Biological Resources
Senior Biologist
Environmental Planner
$125
$115
$60
$80
$75
$65
$105
$75
$75
$115
$60
$115
$60
$I 15
$60
$80
$60
$75
$60
4
4
12
12
40
40
20
21
80
24
8
6
24
2
4
2
4
40
24
5oo.on
460.00
720.00
SL.680.00
2.200.00
9M.00
3.wo.00
2,Mx).00
300.00
4.700.00
500.00
4.wo.00
5.wo.00
2,100.00
1,575.00
61)Oo.OO
6.220.00
$39,155.00
2,760.00
480.00
690.00
1.440.00
230.00
240.00
IM.00
240.00
I .8W.00
2.400.00
Page 1
Table 2. Mooney Associates Cost Estimate
City of Culsbad
Cantarlni Ranch and Holly Springs EIR
Task Stnff Rate Hours cost Task Suhtotnl
3.6 GeologylSoilr
Senior Roject Manager
Environmental Planner
3.7 Hazards
Senior Rojecr Manager
Envimnmental Planner
3.8 Land Use Compatibility
Senior Project Manager
Environmental Planner
3.9 Noise
Senior Project Manager
Environmental Planner
3.10 PopulationMousing
Senior Project Manager
Environmenlal Planner
3.1 I Fublic Senices and Utilities
Senior Project Manager
Envimnmental Planner
3.12 Transpmation/Circulation
Senior Project Manager
Environmental Planner
3.13 Visual AestheticdGrading
Senior Project Manager
Envimnmental Planner
3.14 WataQualityMydmlogy
Senior Rojecr Manager
Envimnmental Planner
3.15 Cumulative Impacts
Senior Project Manager
Envimnmental Planner
3.16 Gmwlh Inducement
Senior Roject Manager
Environmental Planner
3.17 Alternatives
Senior Project Manager
Envimnmental Planner
3.18 Other CEQA Mandated Sections
Senior Roject Manager
Environmental Planner
T.sk 4 __ Revisions to Draft EIR
Senior Principal
Senior Project Manager
Environmental Planner
Graphic Coordinator
Word Rocerror
$115
$60
$115
560
$115
$60
$1 15
$60
$115
$60
$115
$60
$I I5
$60
$1 I5
560
$115
$60
$115
$60
$115
$60
$115
$60
$115
560
$125
$115
$60
$65
$45
2
16
4
12
16
48
2
8
4
8
4
32
4
16
8
24
32
12
16
40
4
8
I2
36
4
12
4
36
I2
I2
4
.5 230.00
5 ,960.00
$ 460.00
$ 720.00
16 1.840.00
5 2.880.00
$ 230.00
$ 480.00
$ 460.00
$ 480.00
$ 460.00
$ 1.920.00
$ 460.00
$ 960.00
$ 920.00
a I.44o.W
$ 1.380.00
$ 1,920.00
$ 1,840.00
$ 2.m.00
$ 460.00
$ 480.00
$ 1.380.00
$ 2.160.00
$ 460.00
6 720.00
$ 500.00
5 1.380.00
$ 2,160.00
$ 780.00
$ 180.00
$38540.00
ss,ooo.oo
Page 2
Table 2. Mooney Assodates Cost Estimate
City of Carlsbad
Cantarini Ranch and Holly Springs ElR
Task Stall Rate Hours cost Task Subtotal
Task 5 .. Response to Public and Agency Comment?
5.1 Response IO Comments
Senior F’rincipal $125 4 $ 500.00
Senior Fmject Manager $1 15 16 $ 1.860.00
Environmental Planner $60 24 S 1,440.00
Graphic coordinator $65 8 $ 520.00
Word Rocessor 545 4 s 180.00
5.2 Revise Response to Comments
Senior Fmject Manager
Environmental Planner
Graphic Coordinator
word Fmccssor.
Task 6 -- Preparation of Candidale Findings and MMRP
6. I Prepare Candidate Findings and MMRP
Senior Fmject Manager
Environmental Planner
Graphic Coordinator
Word Rocessor
6.2 Revise Candidate Findings and MMRP
Senior Fmject Manager
Environmental Planner
Task 7 ._ Preparation of Find EIR
Senior Fmject Manager
Environmental Planner
Graphic Coordinator
Word Processor
Tnrk 8 -_ Report Printing and Assembly
Quality ContmVAnsembly
Fmduction ManagedAssembly
Scrren Check Draft EIR
Revised Screen Check Draft EIR
Draft EIR + Appedices
Draft EIR + Appendices on CD’
Screen Check final EIR
Findings of Fact
Revised Screen Check Final EIR. Findings. & MMRP
Final EIR + Appedices
Final EIR + Appendices on CD’
Miscellaneous reproduction. far. postage etc.
$115
$60
$65
145
5115
$60
$65
$45
$115
$60
$115
$60
565
$45
5 IO5
$15
$45
$45
$75
$45
$20
$95
$95
4 $ 4m.w
8 S 480.00
4 $ 260.00
2s 90.00
55,770.00
12 5 1,380.00
24 $ 1,440.00
8 $ 520.00
4 a 180.00
2s
4s
8$
16 $
4%
45
230.00
240.00
53.990.00
920.00
960.00
260.00
180.00
$2320.00
1.2m.00
1.350.00
225.00
225.00
3.825.00
500.00
225.00
I00.W
475.00
4,845.00
500.00
1.2w.00
$14,730.00
Page 3
Table 2. Mooney Associates Cost btimrte
City of Carlrbad
Cantarini Ranch and Holly Springs EIR
Task StnfI Rate Hours cost Task Suhtalnl
Task 9 -. Meetings (7) and Hcnrings (3)
9.1 Roject Meetings (7)
Senior Principal
Senior Fmject Manager
Environmental Planner
Technical Subconsultants (2 meetings per sub)
9.2 Public Meetings and Hearings (3)
Senior Rincipal
Senior Project Manager
Task 10 --Project MpnngemenllEditing
Senior Rincipal
Senior Roject Manager
Envlmnmcnlal Planner (Arst. Fmj. Mgr.)
$125
$115
$60
$125
$115
$125
$115
$60
8
24
32
12
12
24
56
48
$ 1.000.00
5 2.760.00
$ 1,920.00
$ 2.870.00
$ 1.500.00
$ 1.380.00
$ 3.000.00
$ 6,440.00
$ 2.880.00
$11,430.00
$12320.00
TOTAL 5134,935.M)
'Public Services and Utilities: Tasks identified in Ihe RFF' as items 3.4.5. & 6 are included as optional tasks in Table 3 below
'Response to comments includes up to 30 individual comments. Fees quoted do not include responses to comments requiring additional
research. additional technical studies. or significant revisions to technical studies. Costs to respond to an extensive number of comments
or comments raising legal challenges which requlre attorney review will be evaluated at the end of the public review period.
'Our cost estimate to provide CD versions of the Drafl and Final ElRs with appendices and crhibits assumes that technical repom.
exhibits. and graphics prepared by he client will be available to us in Adobe Acrobat (.pdn format. Additional expenses will be incurred
if we are required to scan or digitally re-format documents prior to producing he requested CDs.
Page 4
CERTIFICATE OF MANAGING MEMBER
OF
BENTLEY EQUITY, LLC
The undersigned hereby certifies that he is the Managing Member of Bentley
Equity, LLC, a California Limited Liability Company (CA Secretary of State Number
199922310036), and that he is authorized and directed to execute on behalf of Bentley
Equity, LLC any adall documents, including but not limited to, consultant contracts and
other agreements for services and payment thereof, escrow instructions, deeds,
conveyances, assignments, loan documents, subdivision documents, and development
and permit applications; and to do all acts and things which may be deemed necessary
or advisable in order to carry out the business of Bentley Equity, LLC.
IN WITNESS WHEREOF, this Certificate of Managing Member has been duly
executed on this 30ih day of August, 2002. .
David M. Bentley, Managing Member
DISCLAIMER The information displayed here is current as of Aug 30,2002 and is updated weekly. It is
not a complete or certified record of the Limited Partnership or Limited Liability Company.
LPILLC
BENTLEY EQUITY, LLC
Number: 199922310036 I(Date Filed: 8/10/1999 IIStatus: active I Jurisdiction: CALIFORNIA II
Pri~ ncipal Address I1
IICARLSBAD, CA 92009 I I! Agent for Service of Process I BOB LADWIG
703 PALOMAR AIRPORT ROAD, STE. 300
CARLSBAD, CA 92009
~~~ ~
Fees and instmctions for requesting certification of limited partnership andlor limited liability company
records are included on the LPILLC Records Order Form.
Blank fields indicate the information is not contained in the computer file
If the agent for service of process is a corporation, the address of the agent must be requested in writing. Fees
and instructions for requesting this information are included on the Corporate Records Order Form.
http:/Pltepler.ss.ca.govlcorpdatalShowLpllcAllList?Quer~L~l~~N~~b~~199922310036&p ... 09/03/2002
BENTEQ
SECRETARY OF STATE
1, BILL JONES, Secretary of State of the State of California,
hereby certify:
That the attached transcript of page(s) was
prepared by and in this office from the record on file, of
which it purports to be a copy, and that it is full, true
and correct.
IN WITNESS WHEREOF, I execute this c.ertilicate and affix the Creat Seal of
the Statc of California this day of
AU6 I 1 1999
-. .- -
Secretary ol State
E IENTEQ 520 577 4E3i W6:L"'Ci; k'3.i.tr 7 .eA-
%-
State of California
Bill Jones
Secretary of State - I
LIMITED LIABILITY COMPANY AUG 1 0 1999
ARTICLES OF ORGANIZATION 84
IMPORTANT - Read instructions before completing this fonn.
A f70.00 filing fee must accompany this form. RU JONES. Secretary01 Shlc U
This Space for Filing Use Only
I. Nameotlhelimlledliabil~tycompany (e~~~~elUlh(MuOrQI'Um~(ld~~~any."L~.~cyb.'wtheabhmu~loru"LLCor
.L.L.C.")
Bentley Equity, LLC
I. The purpose of the limited liabilii company is lo engage in any lawful act or activity lor which a limited liability company may be
organized under me Beverly-l(iUea limned liability company act.
3 Name the agenl lor service 01 process and check the appropriate provision below:
Robert Ladwig which is
[ 3 an tndividual rending in California. Proceed 10 Item 4.
[ ] a corporation which has filed a cenihesfe pursuant to section 1505. Proceed lo Item 5.
I If an Inatvldual. California address of the agent for service of process:
Address: 703 Palomar Airport Road, Ste. 300
CI h, : Cerlsbad $tale CA Zip Code: 92009
5 The limiled liability company will be managed by: (check one)
[ ] onomanager [ ] more than one manager llmlted llabili company membem
; Other matters to be Included In tnis cenficate may be sei fonn on separate attacbed pages and are mado a part of this certificate.
i Number of pages attached. it any:
Olher mattefs may include the blest dale on which the limited IlablllN commnv is IO dissOlve.
Type of business 01 the limited Irabdiiy company
Real Estate Development
declared that I am the perron who executed this instrumenl. which execution IS my acl and deed
~.
Stgnature 01 Organtzer
Chervl C. Deardcn
Type or Prmt Name of Organizer
June 22, 1999
Date
-.
SEUSTAIE IREV. 1/99) FORM LLCl - FILING FEE S70.00 wov& by sRIF(anl et SINe
- LIMITED UABILITY COMPANY - STATEMENT OF INFORMATION
A S1O.M) FILING FEE MUST ACCOMPANY THIS FORM.
IMPORTANT- Read Instructions On Back Before Completing This Form. r ~~ !. UMlTED LU8lLlTY COMPANY NAME
Bentley Equity, LLC
THIS SPACE FOR ClLlElG USE ONLY
2. SECRRARV OF STATE FILE NUMBER 1 3. NRISDICMN OF FORMITION ~~ ~
199922310036 aliEornia
.L AOORESS OF PQINCIPAL EZECUTNE OFFCE ClTi AN0 STATE LIP CODE
3561 E. Sunrise Drive, Suite 231 Tucson, AZ 85718
5. ADDRESS IN CALIFORNU OF owcE WHERE RECO~OS ARE MAINTAINED (FOR WMESTIC OmLrl Cm ZIP CODE
4 LIST THE NAME AND COMPLETE ADDRESS OF ANY MANAGER OR MANAGEAS. AND CHIEF WCUTIVE OFFICER. IF ANY, OR IF NONE HAVE 1 BEEN APPOINTED OR ELECTED. PROVIDE THE NAME AND ADDRESS OF WH MEMBER. (CHECK THE APPROPRIATE OSIGNAWN).
STTACH ADDITIONAL PAGZS IFNECESSADY.
6 NAW David X. Bentley 1x1 MANAGER
703 Palomar Airpore Road, Suire 300 Cnrlsbad CA 92009
ADDRESS 3561 E. Sunrise Drive, Suite 231 [ I CHIEF UECLmvE OFFICER
.. I ADDREs5356! E. Sunrise Drive, Suitc 231 I 1 CNlEF EXECUTIVE OFFICER [
I Robert Ljdvig
$4 AN INDIVIDUAL RESIDING w CALIFORNIA. PRGCEED TO ITEM 9.
. WMCn IS
9. -ADDRESS OF%€ AGENT FOR SnvlcE OF PROCESS IN CALIFORNU.
1 I A CORWRATIW WHICH HAS %EO A CERTIF~CATE PURSUANT TO SEmoN ,505 PRWEED W ITEM $0. cm ZIP COO€ I 703 Pslomnr Airport Road, Suice 300 Carlsbad c~ 92009 I
Rcal Lscace lnvestmrnc $0 DESCRIBE 7VP€ OF OUSINESS OF THE LlMlTED LIABILITY COMPINY. I I I. NUMBER OF PAGES ATIACHED. IF ANI.
:?. I DECIARE 7HAT THIS STATEMENT IS TRUE. C3ARECT AND COMPLETE.
*7 r,d 724-ij
SitnArlilEOP lhMVIIUAbIUI*OW.EDTO YCN OATE
David 3. Benrlry
r npE om PRWT NV~E mo n ,:E OF PC~SOI( :GN,VG
State of California
Bill Jones
Secretary of State
LIMITED LIABILITY COMPANY - STATEMENT OF INFORMATION
Filing Fee $20.00 -If Amendment, See InstrucKIom
IMPORTANT- Read Inrtructims Before Completing Thls Form
1, LlWlTED LIABILITY COMPANY NAME (Do nol aNCr I ndme 85 W'cr*n"W I
EENTLEY EQUITY. LLC
7569 MAGELLAN ST
CARLSBAO CA 92008
. ___._ ..3 CHMEE IN'AWOFTHE IN~ORMAnON'CONTAJNEDIN WE LASTSTATEMEPJTC
STATE FILE NUM8ER
NIA SECRETARY,OF STATE. CHECK THE BOX AND PROCEED TO ITEM 12. .,
199922310036 3. STATE OR PLACE OF ORGAN1 T ON t!A
d. PRINCIPAL EXECUTIVE OFFICE
mAODR6SS I
CITY STATE ZIPCODE
5. CALIFORNIA OFFICE WHERE RECOROS ARE MAINTAINED (FOR DOMESTIC ONLY)
mADDnESS
CITY STATE CA ZIP CODE * CHECK THE APPROPRIATE PROVISION BELOW AND NAME WE AGENT FOR SERWCE OF PROCESS I 1 AN INDIVIDUAL RESIDING IN CALIFORNLA
[ 1 A CORPORATION WHICH HAS FILE0 A CERTIFICATE PURSUANT TO CALIFORNIA CORPORATIONS CODE SECTION 1505.
AGENTS NAME: ~ _,.. ~
I
7. MORESS~F THE AGENT FOR SERVICE OF PROCESS IN CALIFORNIA. IF AN INOIVIDUAL I I ADDRESS
CIN
8. DESCRl8E WPE OF BUSWESS OF TWE LIMITED LIAEILIN COMPANV.
9. LIST THE NAME AND COMPLETE ADDRESS OF ANY MANAGER OR MANAG!SS, OR K NONE HAVE BEEN APPOINTED OR ELECTED.
2. NAME
STATE CA ZIP CODE
PROVIDE THE NAME AND ADDRESS OF EACH MEMBER. ATlACH ADDITIOHU PAGES, IF NECESSARY. -. . . "" - - " - " .. __
ADDRESS
CITY STATE . . - b. NAME
ZIP CODE
ADDWSS
CITY - ." ... C NAME
STATE ZIP CODE
AOMCSS I .~.
CIN STATC ZIP CODE I
10. CHIEF EXECUTIVE OFFlC€F??~EO]. IF ANY: ~
ADDRESS
NAMt
CRY
11, NUM~ER OF PAGES ATTACHED. IF ANY:
STATC I_ ZIP CODE
A 12. THIS STATEMENT IS TRUE, CORRECT, AND COMPLETE. / \ //
DUE DATE: 08110/2002
SECISTATE FORM LLC-12Fl (REV. 1OpLOOl 1 er' lgJZ
APPROVEDBYSECRETARYOFSTATE
BENTEQ
REAL ESTATE
CONFIDENTIAL FAX TRQNSMITTA
DATE: September 3,2002
TO: Ms. Michele Masteraon, Management Analyst
CITY OF CARLSBAD
VIA Fax: 760402.8559
16 pages, ineludw this cover
FROM: David M. Bcntlcy, CClM
Managing Pvnner
RENTLEY-MONARCH
CANTARWI RANCH
RE: RENTLEY EQUITY, LLC
Miehelc:
Pcr nnr discussion, armehed is the opcmting ereemcot for Bentley Equity, LLC.
subscqucnt annual fdings all comhtc didy tu Chi company. In addition, tbc Secretary ul
You'll find that the original Secretary of State ccrtMente. dated August 11.19!?9. and thc
State's wcb site oflers vn immediate verification process.
Given thc avallablc information, Including the documents and certification I've provided, I don't
duly euthnrixed repmntatlvc. If It would help to have my attorney contuct someone at thc city
believe thew can be a lqitirnate challenge made p1 to the validity of the company or my role as IU
rttorncy'r office, 1'11 be hppy to initiate that conact.
Thank you.
T00'd deSST0 Z0/€0/60 ZEB6 LLS 02s
r OPERATTNG AGREEMENT
FOR
BENTLEY EQtJITY, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
This Operatiny Agreement (his “Agrmt”) is entered into as of August I I, 1999, by
and between the parties listed on the signature pages hereof(collectivcly rcferred to as the ”Munbcrs”
or individually as a “Member”), with rcfcracc to the following facts:
A. The Members have caused to be filed Articles of Organization (the “Articles“)
for Bentley Equity, LE (the “Company”), a limited liability company under the laws of the State of
California. with the California Secretary of State.
B. The Members dcsire to adopt and approve an operating agnement for .the
Company under the Bevcrly-Killea Limited Liability Company Act (the “Act”).
NOW, THEREFORE, the Members by this Agreement set forth the operating agreement
for the Company upon the terms and subject to the conditions of this Agrcemcnt.
r ARTICLE I
ORGANUATIONAL MATTERS
1.1 -.- Name. The name of the Company shall bc “Bantlcy Equity, LLC.” Thc
Company may conduct business under that name or any other name approved by the Members.
1.2 m. Thc term of the Company commenced as of the date of the filing ofthe
Articles and, unless sooner terminated under Scaion 9.1, shall terminate on December 3 1,2029.
1.3 office and m. The Company shall continuously maintain an office and
registered agent in the State ofCaliinda as required by the Act. The principal office of the Company
shall be at 3561 E. Sunrise Drive, Suite 231, Tucson, Arizona 85718 or such location as the Members may detennine. The registered agcnt shall be as stated in the Artides or as otherwise determined by
the Members.
1.4 Business of the ComDaqy. Notwithstanding the purpose ofthe Company which
is described in the Articles, the Company shall not engage in any business other than the following
without the consent of all ofthe Members:
(a) the business ofacquirins developing holding for investment, managing.
selling andor exchanging rcal property; and
(b) such other activities direly related to the foregoing business as may be
necessary or advisable in the reasonable opinion ofthe Members to knher such business.
Z00’d d6S I T0 Z0/€0/60
r ARTICLE IK
CAPITAL CONTRIBUTIONS
r
11.1 7. Each Mcmber shall mRke a cash contribution to the
capital ofthe Company in the amount shown opposite the Mrmba’s name on Exhibit A attached
hereto. NO Member shall be required to make any additional contributions to the capital of the
Company. Additional contributions to the capital of the Company shall be made only with the
unanimous consent of the Members. Except as provided in this Agreement, no Member may
withdraw his or her capital contribution.
..
TT.2 -1tal Ac-. The Cow shall establish an individual capital account
(“Capital Account”) for each Member. The Company shall determine and maintain each Capital
Account in accordance with Treasury Regulations Seaion 1.7061(b)(2)(iv). Upon a valid transfer
of a Member‘s interest in the Company (“Membership Interest”) in accordance with Article V1, such
Member’s Capital Account shall cany over to the new owner.
11.3 No. The Company shall not pay any intcrest on capital contributions.
11.4 barn. With the approval of all Members, any Membcr 6om time to time may
lend the Company funds on such terms as the Members may approve.
ARTICLE 1LI MEMBERS
III. 1 p. Additional Members may be admitted with
the approval of all Members. Additional Members will participate in “Net Profits”, “Na Losses” (as
such terms are defined in Section 5.1)* and distributions of the Company on such terms as are
determined by the Membm. Exhibit A shall be amended upon the admission of an additional
Member to set forth such Member‘s name and capital contribution.
.. ..
111.2 7. Except as specified in this Agreement or pursuant to a
rransaction permitted by Section 4.6, no Member or person or entity controlled by, controlling or
under common control with the Member (each such person or entity is dcfined as an “mate”). is
entitled to remuneration for sdces rendered or sods provided to the Company, Howew. the
Company shall reimburse the Members and their Affiliates for organizarional expenses (including,
without limitation, legal and accounting fees and costs) incurred to form the Company, prcpage the
Articles and this Agreement and, as approved by the Members, for the actual. cost of goods and
materials used by the Company.
ARTICLE W
MANAGEMENT AND CONTROL OF THE COMPANY
N. I Management and ‘Powers. The business, property and affairs of the Company
shall bf mawed by the Members Accordingly, unless otherwise limited by the Articles or this
Agreement. each Member shall have full, and complete authority, power, and discretion to manage
and control the businas. prop- and affairs of the Company, to make all decisions regarding those
e00.d d6SIT0 Z0/€0/60 zeae LLS 02s
mattem and to perform any and all orher acts or activities customary or incident to the management
P of the Company‘s business, property and a&rs. Each Member is authorized to endorse checks,
drafts, and other evidence of indebtedness made payable to the order ofthe Company, and may tip
all checks, drafts, and other instruments obligating the Company to pay money. and may sign
contracts and obligations on behalf of the Company.
IV.2 wens on Power of Members. Notwithstanding any other provisions of this
Agreement. no debt or liability of more than $10,000 may be contracted on behalf of the Company
by any Member without the opptoval of all the then Members. Additionally, no Member shall have
authority to cause the Company to engage in the following transactions without first obtaining the
approval of all Members:
(i) The sale. exchange or other disposition of all. or substantially aU,
of tho Company’s assets occurring as part of a single transaction or pla or in multiple transactions
over a 12 month period. except in the orderly liquidation and winding up of the business of the
Company upon its duly authorized dissolution.
(ii) The merger of the Company with another limited liability
company or corporation. general partncrship, Emitcd partnership or 0th entity (except that any act
which would cause a Member to incur personal liability for the obligations of the Company or its
successor shall also require the consent of such Member).
(iii) An alteration ofthe authorized businesses ofthe Company as set r forth in Section 1.4.
(iv) Any act which would make it impossible to any on the ordinary
business of the Company.
(v) The confession of a judgment against the Company.
(vi) Any other transaction dcsuibed in this Agreement as requiring
the approval, consent or vote of the Members.
W.3 Member Am. No mud or regular meetings of the Members are required
to be held. However, if such meetings are held, such meetings shall be noticed, held and conducted
pursuant to the Act. In any instance in which the approval of the Members is required under this
,Agreement, such approval may be obtained in any manner permitted by the Act. Unless otherwise
provided in thii Agramcnt, approval of the Members shall mean the approval of Members who.hold
n majority of the Membership lntcmts.
IV.4 DevotibnofTime. Each Member shall devote whatever time or effo‘on as he or
she deems appropriate for the funhcrance of the Company’s business.
IV.5 ComDetina Activitics. Thc Members and thcir Af€iiiatcs may mpgc or invest
in any activity, including without limitation those that might be in direct or indirect competition with r the Company. Neither the Company nor any Member shall have any right in or to such other
activities or to the income or proceeds derived therefrom. NO Member shall be obligated to present r any investment opportunity to the Company, even if the opportunity is of the character that, if
premted to the Company, could be taken by the Company. Each Member shall have thc risht to
hold any investment opportunity for his or hcr own account or to recommend such opportunity to
persons other than the Company. The Members acknowledge that catah Members and their
Affiliates own and/or manage other businesses. including businesses chat may compete with the
Company and for the Members' time. Each Member hereby waives any and all tights and claims
which he or she may otherwise have agtinst the other Members and their Affiliates as a result of any
of such activities.
IV.6 Transactions between the Comaanv and the Mmh. Notwithstanding that it
may constitute a conflict of interest. the Members and their Aaliates may engage in any transaction
with the Company so long as such tranwion is not expressly prohibited by this Ageemmt and so
long as the tcrms and conditions of such transaction, on an overall basis, are fair and reasonable to
the Company and are at lcast BS favorable to the Company as those that arc generally available 6om
persons capable of similarly pcrforming them or if Members holding a majority of the Membaship
Interests held by the Members having no interest in such transaction (other than their intaests as
Members) approve the transaction in writing.
ARTICLE V
ALLOCATIONS OF NET PROFITS AND NET LOSSES AND DISTRIBUTIONS
r' V. 1 Definitions. When used in rhis Agrcemcnt, the following tms shall have the meanings set for&h below:
"Q&" shall mean the Internal Rmnue Code of 1986. as amended from time
to time. the provisions of succeeding law, and to the exte.nt applicable, the Treasury Rcgulations. .. -" shall have the meaning ascribed to the term
"Partnership Minimum Gain" in the Treasuv Regulations Section 1.704-2(d).
"Member Nonrecourse D&" shall have the meaning ascribcd to the term
"Partner Nonrecourse Debt" in Treaw~y Regulations Section 1.704-2@)(4).
Nonrecourse Dedt~&m" shall mean items of Company loss,
deduction, or We Seaion 705(a)(2XB) expenditures which are amiutable to Member Nonrcwurse
Debt.
"Net Prom and 'm shall mean the income, gain, loss, deductions,
and credits of the Company in the aggregate or separately stated. as appropriate. determined in
accordance with the method of accounting at the clox of each fiscal year employcd on thc Company's
information tax return filed for federal income tax purposes.
"&~"IW shall have the meaning spt forth in Treasury Regulations
Section 1.752-1(a)(2).
500.d dl7S1T0 20/€0/60
4
zem LLS 02s
"Trcasurv Rmlationt" shall man the find or temporary rcgulations that have r been issued by the US. Department of Treasury pursvant to its authority under the Code. and any
suuxssor regulations.
V.2 Allwtions ofNet Profit and Net Loss.
A. Net LOSS. Net Loss &.all be allocated to the Members in proporti,on to
their embers ship Interest. Notwithstanding the previous sentence, loss allocations to a Member shall
be made only to the extcnt that such loss dlocations will not mats a deficit Capital Account balance
for that Member in excess of an mount, if any, equal to such Member's share of Company Minimum
Gain that would be realized on a foreclosun of the Company's propeny. Any loss not allocated to
a Member because of the foregoing provision shall be allocated to the other Membcrs (to the extent
the other Members arc not limited in respect of the allocation of losses under this Seaion 5.2A). Any
loss reallocated under this Section 5.2A shall be taken into account in computing subsequent
allocations of income and losscs pursuant to this Article V, so that the net mount of any item so
allocated and the income and losses allocated to each Member pursuant to this Article V, to the extern powile, shall be equal to the net amount that would have been allocated to each such Member
pursuant to this Article V if no reallocation of losses had occurred under this Section 5.2A.
B. Net Profir. Net Profit shall be allocated to the Members in proportion
to their Membership Interests.
r v.3 -. Notwithstanding Seaion 5.2.
A. M-. If there is a net decrease in Company
Minimum Gain during any fiscal year, each Member shall be specialiy allocated items of Company
income and gain for such fiscal year (and, ifnacssary. in subsequent fiscal yclus) in an amount equal
to the portion of such Member's share of the net decreasc in Company Minimum Gain that is allocable
to the disposition of Company property subject to a Nonrecourse Liabity. which share of such net
d-sc shall be determined in aceordance with Treasury Regulations Section 1.704-2(g)(2).
Allocetions pursuant to this Section 5.3A shall be made in proponion to the amounts required to be
allocsred to each Member under this Section 5.3A. The items to be x) allocated shall be determined
in accordance with Trcasury Rcplations Section 1.704-2(9. This Scaion 5.3A is intended to comply
with the minimum gain chargeback requirement contained in Treasury Rcgulatioos Section 1.704-2(f)
and shall be interpreted consistently therewith.
B. er Nonrmm
=tt. Tf there is a net decrease in Company Minimum Gain attributable lo a Member Nonrecourse
Debt, during any fiscal year, each member who has a share of the Company Minimum Gain
attributable to such Membcr Nonrccoursc Debt (which share shall be determined in accordance with
Treasuly Regulations Section I .704-2(i)(S)) shall be specially allocated items of Company income
and gain for such fiscal year (and, if necessary7 in subsequent fiscal years) in an amount equal to that
portion of such Member's share of the net decrease in Company Minimum Gain atmbutabk to such Memba Nonrccoursc Debt that is allocable to the disposition of Company property subject to such r Member Nonrecourse Debt (which share of such net decrease shall be detcrnhd in accordance with
Tremry Regulations Section 1.704-2(i)(S)). Allocations pursuant to this Section 5.3B shall be made
900'd dtStT0 Z0/C0/60
in proportion to the amounts required to be all4 to cach Member under this S-n 5.3B. The
items to be so allocated shall be determined in accordance with Treasury Regulations Section 1.704-
2(i)(4). This Section 5.3B is intended to comply with the minimum gain chargeback rquiremcnt
contained in Treasury Regulations Section 1.704-2(i)(4) and shall bc interpreted consistently
therewith.
C. Nonrecourse Dedu- Any nonrecourse deductions (as ddied in
Trtasury Regulations Section 1.704-2(b)(I j) for any fiscal year or other period shall be specially
allocated to the Members in proportion to their Membership Interests.
D. Member N0nrm.m. Those items of Company loss,
deduction, or Code Secrion 70S(n)(Z)(B) expenditures which are attributable to Member Nonrccourso
Debt for any fiscal year or other period shall be specially allocated to the Member who bears the
economic risk of loss with respect to the Member Nonrecourse Debt to which such items are
amibutable in accordance with Treasury Regulations Section 1.704-2(i).
E. Oualified Income Of&. If a Member unexpectedly receivcs any
adjustments, allocations. or distributions dcscribcd in Treasury Regulations Section 1.704-
I@)(2)(ii)(dX4). (5) or (6). or any other went creates a ddicit balance in such Member's Capital
Account in excess of such Member's share of Company Minimum Gain, items of Company income
and gain shall be specially allocated to such Member in an amount and manner sufficient to eliminate
such excess defiat balance as quickly as possible. Any speaal allocations of items of income and gain
pursuant to this Section 5.3E shall be taken into account in computing subsequent allocations of
income and yain pursuant to this Article V x) that the nct amount of any item so allocated and the
income, pain, and losses allocated IO each Member pursuant to this Section 5.3E to the extent
possible, shall bc qual to the net amount that would have been allocated to each such Member
pursuant to the provisions of this Article V if such unexpcctcd adjustments* allocations, or
distributions had not occurred.
V.4 Code Se@-ion 7Wc) Allocations. Notwithstanding any other provision in this
Anicle V. m accordance with Code Section 704(c) and the Treasury Regulations promulgated
thereunder, incomq gain, bss, and deduction with respect to any property contributed to the capital
of the Company shall. solely for tau purposes, be allocated amon8 the Members so as to take account
of any variation between the adjusted basis of such propercy to the Company for fcdd income tax
purposes and its fair markex value on the date of contribution. Allowions pursuant to this Section
5.4 are solely for purposes of federal. state and local taxes. As such. they shall not Hect or in any
way be taken into account in computing a Member's Cnpital Account or share of profits, losses, or
orha items of distributions pursuant to any provision of this Agreement.
v.5 Distribution -sets bv the C-. Subject to applicable law and any
limitations contained elsewhcre in this Agreement, Members holding a majority of the Membershrp
Interests may elect from time to time to cause the Company to make distributions. Distributions shall
be first to the Members in proponion to their unreturned capital conmiutions until each Mcmber has
recovesed his or hcr capital contribution.. and then to the Members in proportion to their Membership r Interests.
2886 LLS 02s
t ARTICLE VI
TEUNSFER AND ASSIGNMENT OF INTERESTS
VI.1 Transfer and Assime. No Memba shall be entitled to transfer,
Wigrs convey. encumber or in any way alienate all or any part of his or her Membership Interest
(~llccti~ely, "transfer") except with the prior approval of all Members, which approval my be givm
or withheld in the sole discretion of thc Memh.
vI.2 Substitution of "e. A transferee of a Membership lnterest shall have the
right to bcMme a substimc Member only if (i) consem of the Members is given in accordance with
Section 6.1. (i) such person executes an instrument satisfactory to the Members accepting and
adoptiny the terms and provisions of this Agreement, and (iii) such person pays any reasonable
expenses in connection with his or her admission as a new Member. The admission of a substitute
Member shall not release the Member who assigned the Membership lnterm from any liability that
such Member may have to the Company.
VI.; x-on ofthis of Partial Mcmbhi~ m. Upon a transfer in violation of this Attide VI, the transfenc shall have no right to vote or
participate in the mamagemat of the Company or to excrcise any rights of a Member. Such
transferee shaU only be cntitlcd to receive the share of he Company's Net Profits, Net Losses and
distributions of the Company's assets to which the transfiror wdd othenvisc be emitled.
Notwithstanding the immediately preccdine, sentences, if, in the determination of the remaining
Members, a transfer in violation of this Article Vl would cause the termimion of the Company undcr
the Code, in the sole discretion of the remaining Members. the transfer shall be null and void.
ARTICLE Wl
CONSEQUENCES OF DlSS0LU"ION EVENTS AND
TERMINATION OF MEMBERSHIP INTEREST
vu. 1 wtion Eves. Upon the occurrence of the death. withdtawal, resignation,
retirement, insanity. bankruptcy or dissolution of any Member ("Dissolution Event"), the Company
shall dis~oive unless dl ofthe remaining Members ("Remaining Members") consent within ninety (90)
days of the Dissolution Event to the continuation of the business of the Company. if the Remaining
Members so consent, the Company ador the Remaining Members shall have the right to purchase.
and if such right is exercised, the Member (or his or her lyal representative) whose actions or
conduct resulted in the Dissolution Event ("'Former MemW) shall sell, the Former Member's
Membership Interest ("Former Member's Interest") as provided in this Article V11.
M1.2 w. Notwithstandiig Section 7.1. upon thc withdrawal by a Member
in accordance with Section 3.2 such Member shall be treated as a Former Member, and, unless the
Company dissolves BS a result of such dhdrawal the Company andlor the Remaining Members shall
have the right to purchase, and if such right is exercised, the Former Member shall sell, lhe Former
Mmbds Interest as provided in this Article VII.
f
M1.3 kc&-. The purchase pricc for the Former Member's Interest shall be r the fir market due of the FonnSr Membef'8 Is d#enined by M indcpcndcnt 8ppisa
jointly sclectcd by the Former Member ad by R~amhbg Membm holding a majority of the
remaining Membership Interests. The Company and the Fmer Member shall each pay one-half or
the cost of the appraisal. Notwithstanding the foqoing. if the Dissolution Event results 6om a
breach ofthis Ageemeat by the Fonner Member. the purchase price shall be reduced by an mount
equal to the damages suffered by the Company or the Remaining Mctnbers as a result of such breach.
vll.4 Notice of Intent to bms. Wzthin thirty (30) days after the fair market valuc
of the Former Membds Merest has been de!ermincd in accordance with Section 7.3. each Ranaining
Member shall notify the Members in writing of his or her desire to purchase a portion of the FO~R
Mcmbds Interest. The failure of any Ranaininy Mcmber to submit a notice within the applicable
period shall constitute an election on the pan of the Member not to purchase any of the Former
Member's Interest. Each Remaining Member so elding to purchase shall be entitled to purchase a
portion of'the Former Membds Interest in the same proportion that the Manbcrship Interest of the
Remaining Member bcan to the aggregate of the Membership Interests of all of the 'Remaining
Members electing to purchase the Former Mcmbds Interest.
V11.5 -nfir- All of the Former Member's Tntcrc&{. If any
Remaining Maber cks to purchase none or less than all of his or her pro rata share of the Former
Member's Interest. then the Remaining Members can elect to purchase more than their pro rata sharc.
lfthc Remaining Members fail to purchase the entire intaest of the Former Member. the Company
may purchase any remaining share of the Former Member's Interest. r
V11.6 w". Thc Company or the Remaining Members, as the
case may be, shall pay at thc closing one-fifth ( 1/5) of the purchase price and the balance of the
purchase price shall be paid in four qual annual principal installments, plus accrued interest, and be
payable each yea on the anniversary date of the closing. .The unpaid principal balance shall BCCN~
interest at the current applicable federal rate BS provided in the Code for the month in which the initial
payment is made, but the Company and the Ranainirrg Membcrs shall have the right to prepay in hll
or in part at any time without penalty. The obligation of each purchasing Remaining Member, and
the Company, as applicable, to pay its portion of the balance due shall be evidenced by a separate
promissory note executed by the respective purchasing Remaining Mmbm or the Company. as
applicable. Each such promissory note shall be in nn original principal amount qual to the portion
owed by the respective purchasing Remaining Member or the Company, as applicable. The
promissory note executed by each purchasing Remaining Mcmk shall be secured by a pledge of that
portion of the Former Memba's lntercst purchased by such Remaining Member.
V11.7 Closins of Purcw-ber's Interest. The closing for tk. sale of a
Fonner Member's lnterest pursuant to this Article W shall be held at 1O:OO am. at the ptincipal
office of Company no later than sixty (60) days after the determination of the purchase price, accept
that if h closing date falls on a Saturday. Sunday, or California legal holiday, then the closing shall
be held on the next succcedmg business day. At the closing, the Former Mmber shall deliver to the Company or the Remaining Members an inment oftransfer (containing warranties oftitle and no r cncumbranccs) conveying tbe Fmer Membcr's Interest. The Former Member, the Company and
the Remaining Members shall do all things and execute and deliver all papers as may be reasonably
necessary fully to consummate such sale and purchase in accordance with the terms and provisions r OfthiSAgrtnncnt.
ARTICLE VU
ACCOUNTING, RECORDS, RETORTING BY MEMBERS
VIII. I &&Lwd Records. The books and records of the Company shall be kept in
accordance with the accounting methods followed for federal income tax purposes. The Company
shall maintain at its principal office in Califomia all ofthe following:
A A current list of the full name and last known business or residence
address ofeach Member set forth m alphabetical der, together with the capital contfibutior& capital
account and Membership Intern of each Member,
B A copy of the Arricles and any and all amendments thereto together with
executed copies of any powen of attorney pursuant to which the Anides or any amendments thereto
have been executed;
C Copies of the Company's federal. state, and local income tax or
information returm and reports, if any, for the six (6) most recent taxable years;
D A copy of this Agreement and any and all amendments rhereto together r with executed copies of any powers of attorney pursu~t to which this Agrumat or any amendments
thereto have been executed;
E Copies of the financial statanenrs of the Company. if any, for the six (6)
most recent fiscal ycan; and
F The Company's books and records as they rdate to the internal affairs of
the Company for at least the current and past four (4) fiscsl years.
VI11.2 -. The Company shall cause to be filed, in accordance with the As all
reports and documents required to be fled with any governmental agency. The Company shall cause
to be prepared a1 least annually information concerning the Compq's operations necessary for the
completion of the Members' federal and state income tax mm. The Company shall send or cause
to be sent to each Member within ninety (90) days atla the end of each taxable year (i) such
information as is necessary to complete the Members' federal and aate iocome tax or information
returns and (ii) a copy of the Companys federal, stnte, and local income tax or information returns
for the year
MI1.3 Bank. The Members shall maintain the funds ofthe Company in one
or more separate bank accounts in the name of the Company, and shall not permit the funds of the
Company to k commingled in any fashion with the hds of any other person. Any Member, acting r alone, is authorized to endorse checks. drafts, and other evidences of indcbtedness made payable to
the order of the Company, but only for the purpose of deposit into the Company's accounts. All
checks. drafts. and other insmmcnts obligating the Company to pay money may be signal by thc
Manager, acting #one.
VlU.4 Tax Matters for the Corn. David M. Bmtlty is designwed as "Tax Matters
Partner" (as defiaed in Code Section 623 1). to represent the Company (at the Company's expense)
in connection with all examination of the Company's &i by tax authorities and to crpcnd Company funds for professional services and costs associated therewith.
ARTICLE M
DISSOLUTlON AND WINDING UP
1x. 1 wons oflXswhrtion. The Company shall dissolve upon the occurrence of
any of the following events:
A Upon the happeaing of any event of dissolution specified in the Anides;
B Upon the entry of a decree of judicial dissolution pursuant to Section
1735 1 ofthe Corporations Code;
C Upon the vote of Members holding at least seventy-five percent (75%)
of the Membership Interests; r D The OCCUHCIW of a Dissolution Event and the failure of the Remaining
Members to consent in accordance with Settion 7.1 to continue the business afthe Company within
ninety (90) days after the occurrence of such event: or
E The sale of all or substantially all of the assets of Company
IX.2 rd&Q. Upon the dissolution ofthe Company. the Company's assets shall
be disposed of and its affairs wound up. The Company shall give written notin of the
commencement of the dissolution to all of its known creditors.
IX.3 . .. . After determining that all the
known debts and liiiies of the Company have been paid or adequately provided for, the remaining
assets shall be distributed to the Members in accordance with rheir positive capital account balances,
after taking into account income and loss allofations for the Company's taxable year during which
liquidation occurs.
lX.4 'Limitations on Pavments Made in Dissolution. Except as othenvist specif~cally
provided in this Agreemcm, each Mcmba shall be cndtlCp to look only to rhe asws of the Company
for the return of his or her positive Capital Account balance and shall have no recourse for his or her
Capital Contribution and/or share of Ner Profits against any other Member except as provided in
Article X. r
110'd des110 Z0/C0/€0 ZE86 LLS 02s
C catificme of~iu~lutirm upon the dioohrtion ofthc Company and a certifioate ofcan~datition upan
IX.5 Cenificates. The Company shall file with the California Secretary of State a
the completion of the winding up of the Company's firs.
ARTICLE X
INDEMNIFICAT#ON
X:I X. The Company shall indemnify any Manbcr and may
indemnify any person who was OT is a PMY or is rhrearcned to be madc a party to any threatcned,
pending or completed action, suit or proceeding by reason of the 5ct that he or she is or was a
Member, 0ffice.r. employee or other agent of the Company or that. being or having been such a
Member, officer, employee or agent. he or she is or was sening at the request of the Company as a
manager, director. officer. unployee or other agan of another limited liability company. corporation,
partnership, joint venture, trust or other enterprise (all such persons being referred to hereinafter as
an "agent"), to the fullsst extent permitted by applicable law in effect on the date hereof and to such
greater extent as applicable law may hereafter from time to time permit.
ARTICLE XI
INVESTMENT REPRESENTATIONS
Each Member hereby represents and warrants to, and agrees with, the Members and the r company as fo~~ows:
XI. 1 P-SlW! Rel&ys. He or she has a preexisting personal or
business relationship with the Company or one or more of its officers or controlling persons, or by
reason of his or her business or financial experience, or by reason of the business or financial
cxpcricnce of his or her financial advisor who is unaffiliated with and who is not compensated,
directly or indirectly, by the Company or any afllliie or selling apt of the Company, hc or she is
capable of evaluating the risks and merits of an investment in the Company and of protecting his or
her own interests in connection with this invesment.
..
X.2 &A&. He or she has not seen, received becn presented with, or been
solicited by any Icaflct. public promotional meeting article or any othm fonn of advertising or gmral
solicitation with respect to the sale of the Membmhip Interest.
XI.3 -. He or she is acquiring thc Manbcrship Interest for investment
purposes for his or her own account only and not with a view to or for sale in connection with any
distribution of all or any part of the Membership Interest, No other person will have any direct or
indirect beneficial interest in or right to thc Membership htcrcst.
c ARTICLE XU
~LLANEOUS
m.1 to the CQ~PBIIY. Counsel to the Company may also be counsel to any
Member or any Affiliate of a Member. The Membas may execute on behalf of the Company and the Members any consent to the repmon of the Company rhat counsel msy request pursuant to the
California Rules of Professional Conduct or similar rules in any other jurisdiction ("Rulas"). The
Company has initially selected Zevnik Horton Guibord & McGavan. LLP ("Company Counsel") as
legal counsel to the Company. Each Member acknowledges that Company Coud does not
represent any Member in the absence of a clear and explicit agrement to such dfect between the
Member and Company Counsel. and that in the absence of any such written agreement Company
Counsel shall owe no duties directly to a Member. Notwithstanding any adversity that may develop.
in the event any dispute or controversy arises between any Members and the Company, then each
Member apes that Compiny Counsel may represent either the Company or such Member in any
such dispute or controversy to the extent pcrmittd by the Rules, and each Member hereby consents
to such representation. Each Member funher aclmowledge6 that Company Counsel has represented
the interests of the Managing Member in connection with the formation of the Company and the
prepdon and negotiation of this Agreement.
Xn.2 -. This Agreement and the Articles constitute the complete
and nrclusive statement of agreement among the Members with respect to the subject matter herein
and therein and replace and supersede all prior written and oral agrrancnts atnong the Manbcrs. To
the extat that any provision of the Arijdts conflict with any provision of this Agemmt, the Mdes r control.
XII.3 Byldlnn. Subject to the provisions of this Agreement relating to
transferability, this Apanmt will be binding upon and inure to the benetit of the Manbers, and their
respective succcssor~ and assigns.
..
XI1.4 -. All pronouns shall be deemed to refer to the masdine. feminiw
or neuter, singular or plural, as the context in which tky are used may quire. AI1 headings herein
are inserted only for convenience and ease of reference and are not to be considered in the
interpretation of any provision of this Agreement. Numbered or lettered articles, sections and
subsections herein contained refer to articles, sections and subsections of this Agreement unless
otherwise expressly stated. In the event any claim is made by any Member relating to any Connict,
omission or ambiguity in this Agrcunen~ no presumption or burden of proof or persuasion shdl be
implied by vinue of the fact that this Agreement was prepared by or at the request of a particular
Member or his or her counsel.
XIT.5 Juridiaion. Each Member hereby consents to the exclusive jurisdiction of the
State and federal courts sitting m California in any action on a claim arising out of, under or in
connection with this Agreement OT the transactions mntempkted by this Agacment. Each Member
further agrcss that personal jurisdiction over him or her may be eff!ecred by service of process by
registered or certified mail addressed as provided in Section 12.8 ofthis Agreement, and that when r so made shall be as if served upon him or her personally within the State of California.
XII.6 &~-utj~:rsn. Except as otherwise provided in this Agreetnent. any controversy r betwem the partiaa arising out of this A- drall be submitted to the American Arbitntiin
&sochion for ahitration in Sen Diego, California. The cos& of the arbifation. including any
American Arbitration Association adminisIration kc, the prbior's fy and costs for the use of
facilities during the hearings, shall be borne equaily by the partics to the arbitration. Attorneys' focs
may be awarded to the prevailing or most prevailing party at the discdon of the arbitrator. The
provisions of Sections 1282.6. 1283. and 1283.05 ofthe California Code of Civil Procedure apply
to the arbitration. The arbitrator shall not haw any power to alter, md. modi6 or change any of
the terms of this Ageement nor tn grant any remedy which is either prohibited by the terms ofthis
Ament, or not available in a court of law.
xll.7 SmbiliE. If any provision of this Agreement or the application of such
provision to any person or circumstance shall be held Mid, the reminder ofthis Agrement or the
application of such provision IO persons or circumstances other than those to which it is held invalid
shall not be affected thereby.
Xl1.8 ms. AnynoticctobegiMnortobeservedupontheCompanyoraayparry
hereto in connection with this Agreement must be in writing (which may include facsimile) and will
be deemed to have been given and received when ddivered to the address specified by the party to
receive the notice. Such notices will be given to a Member at the addms specified in Exhibit A
hueto. Any party may, at any time by giving five (5) days' prior written notice to the other Members.
designate any other address in substitution of the foregoing address to which such notice will be
XII.9 Amendments. All amendments to thii Agrcetnm will be in writing ad signed
by all of the Membas.
XI. 10 vCwmeroans. This Agreement may be exemted in two or more coun-
terparts, each of which shall be dd an original, but all of which shall constitute one and the same
instrument.
X11.11 &ornev Fees. In the event that any dispute between the Company and the
Members or among the Members should rrsult m litigation or &itration. the prevaibg psny in such
dispute shall be entitled to remver from the other pany all reasonable fees. costs and expaw of
enforring any right of the prevailing pmy, indudiq without hitation. rrasonatik attorneys' fas and
experues, all of which shall be dmed to have accrued upon the commencement of such action and
shall be paid whether or not such action is prosecuted to judgment. Any judgment or orda enrered
in such action shall contain a specific provision providing for the recovery of attorney fees and costs
incurred in enforcing such judgment and an award of prjudgmnn interest hm the date of the breach
at the maximum rare dowed by law. For the purposes ofthis Section: (a) attorney &IS shall mdude,
without limitation. fees incurred in the following: (1) post-judgmmt motions; (2) contempt
proceeding.; (3) garnishment, levy, and debtor and third parry examination% (4) discovery; and (5)
bankruptcy litigation and @) prevailiig party shall mean the party who is determined in the
proceeding to have prevailed or who prevails by dismissal. default or otherwise. r
c shall not exclude any other remedies to whicb any pmon may be lawfully entitled.
XI. 12 Remedies Cumulative. The remedies under this Agreement are cumulative and
EXHJBIT A
CAPlTM, CONTRIBUTlON AND ADDRESSES OF MEMBERS
Member’s Capital Member’s
Membds Name Cbtnbutme mer‘s ..
hlrem
-0
David M. Bentley 3561 Easl Sunrise 51.000 So??
Drive, Suite 23 1
Tucson, AZ 85718
Maggie Bentley 3561 East Sunrise sl.m 50?h
Drive, Suite 25 1
Tucson, AZ 85718
s2.000
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: BENTLEY MONARCH, LLC
pescrl.’otm
EIR02002
- 5294 a8/30/02 0002 01 02
134,935.00 CGP 134?35.0(
Receipt Number: ROO29377
Transaction Date: 08/30/2002
Pay Type Method Description Amount
”””_”_ _”“””_ ”””””“”” ““”””
Payment Check ,1992 52,489.71
Payment Check 7149 82,445.29
c r n - -
0 n
.. - 0 3
.- ..