HomeMy WebLinkAbout1996-09-10; City Council; Resolution 96-289b
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RESOLUTION NO. 9 6 - 2 8 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS
BETWEEN THE CITY OF CARLSBAD AND
COTTON/BELAND/ASSOCIATES, INC. AND THE CITY OF
CARLSBAD AND HSLBPMICHAN LIMITED
PARTNERSHIP TO PREPARE AN ENVIRONMENTAL
IMPACT REPORT FOR THE POINSETTIA PROPERTIES
SPECIFIC PLAN
CASE NAME: POINSETTIA PROPERTIES SPECIFIC PLAN
CASE NO.: EIR 96-01
The City Council of the City of Carlsbad, California, does hereby re:
follows:
1. That certain agreements between the City of Carlsbt
CottonBelandAssociates, Inc. and the City of Carlsbad and HSLBPMichan,
Partnership for consulting services to prepare an Environmental Impact Report for the PC
Properties Specific Plan (SP 210), copies of which are on file in office of the City CB
incorporated herein by reference, are hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized and dir
execute said agreements for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the (
City Council on the 10th day of September 1996, and thereafter.
AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: None
Member Finnila
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk\
(SEAL) 1
R 0
u AGREEMENT WITH CONTRACTOR FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT
THIS AGREEMENT, made this 12th day of SEPTEMBER , 1996
between the CITY OF CARLSBAD, a municipal corporation of the State of California
hereinafter referred to as “CITY”, and COTTON/BELAND/ASSOCIATES, INC.
he reinafter referred to a “CONTRACTOR . ”
RECITALS
WHEREAS, the CITY has entered into an agreement with HSUBP/MICHAN
LIMITED PARTNERSHIP hereinafter called applicant, wherein the CITY agrees tc
prepare an Environmental Impact Report (EIR) for the proposed project identified as the
POINSETTIA PROPERTIES SPECIFIC PLAN which is located west of Avenida
Encinas, east of Carlsbad Boulevard, and north and south of Poinsettia Lane, and more
precisely shown on the plat marked Attachment 1, attached hereto and made 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 independenl
contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual covenants and conditions,
the parties hereto agree as follows:
...
1 Rev. 9/13/9/4
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w 1. DUTIES OF THE CONTRACTOR
CONTRACTOR shall prepare an Environmental Impact Report on the subjec
project in accord with the California Environmental Quality Act as implemented by thc
State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and it:
implementing resolutions. In carrying out this obligation the CONTRACTOR’S dutie:
shall include the following:
(a) The CONTRACTOR shall, consistent with the Work Program contained it
Attachment 2, (I) make all necessary and required field explorations, reviews, an(
tests; (2) make all necessary and required laboratory tests and analyses; (3) appea
and be prepared to answer questions and prepare testimony on the final Environments
Impact Report at all public hearings before the Planing Commission and the Cit!
Council prior to the certification of the report; (4) make all reports necessary to compl!
with the requirements of this section. Before preparing the draft report, tht
CONTRACTOR shall submit five copies of a preliminary report (screen check EIR) tc
the Planning Director for staff review. The CONTRACTOR shall revise the preliminar
report as requested by staff in order to make is suitable for draft EIR review.
(b) CONTRACTOR shall prepare a draft report in compliance with the Worl
Program contained in Attachment 2 on file at the Planning Department (unlesr
otherwise stated in this agreement), attached hereto and made a part hereof and wit1
applicable state law and CITY ordinances. The CONTRACTOR shall submit to CIT’
fifty copies (25 in 3-ring binders and 25 cornbound) plus a reproducible master of thc
draft Environmental Impact Report and one disk copy to the CITY.
...
2 Rev. 9/13/6
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. (c) CONTRACTOR shall attempt to determine as soon as possible in tht
study of the area involved, those factors which could severely inhibit or prohibit thc
proposed project. If it appears that such factors are present, CONTRACTOR shall s(
inform the Planning Director who in turn will discuss with the applicant the feasibility o
continuing with the report. The objective of this subsection of the agreement is tc
minimize the cost if these adverse factors exist.
(d) CONTRACTOR shall prepare and file with the CITY written responses tc
all comments received subsequent to public notice that the draft Environmental lmpac
Report has been filed. CONTRACTOR shall also prepare any response necessary tc
matters raised at the public hearings. The written responses shall be prepared in i
form that will permit the responses to be incorporated into the final Environmenta
Impact Report.
2. DUTIES OF THE CITY
(a) The CITY will make payment to the CONTRACTOR as provided for in thi:
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 writter
comments to the CONTRACTOR within that time period.
(d) The CITY shall provide the CONTRACTOR with copies of all writter
comments received on the draft Environmental Impact Report subsequent to public
L 3 Rev. 9/13/91
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. notice that the draft Environmental Impact Report has been filed and is available fo
public review.
3. TERMINATION OF AGREEMENT
The CITY may terminate this agreement at any time by giving written notice tc
the CONTRACTOR of such termination and specifying the effective date thereof, a
least fifteen days prior to the effective date of the termination. In the event o
termination, all finished or unfinished documents and other materials prepared pursuan
to this agreement shall become its property. Upon termination for reasons other that
breach of this agreement CITY shall pay CONTRACTOR the reasonable value of thc
services completed to the date of notice of determination.
4. RELEASE OF INFORMATION BY CONTRACTOR
Any reports, information or other data, prepared or assembled by tht
CONTRACTOR under this agreement shall not be made available to any individual 01
organization by the CONTRACTOR without prior written approval of the CITY.
5. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF
ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIALS
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 report, data, or othe
materials prepared under this agreement.
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.
4 Rev. 9/13/9L
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I 6. PAYMENT
The CONTRACTOR will be paid a maximum of $44,870.00 dollars for all worl
necessary to carry out the requirements of this agreement. Actual payment shall bc
based on the cost of the report based on the costs as set forth in Attachment 2 on file a
the Planning Department. The CONTRACTOR shall be paid within 30 days, ii
response to invoice, for 60 percent of the compensable services for the completion o
the screen check draft Environmental Impact Report in accordance with Paragraph
above. The CONTRACTOR will be paid up to an additional 30 percent upot
acceptance by the CITY of the response to comments from the CONTRACTOR, thc
final IO percent will be paid, not to exceed the maximum amount provided in iti
agreement, within 30 days after receipt of invoice, to be submitted after the certificatioi
of the Environmental Impact Report by the City Council.
7. TIME OF COMPLETION
Time is of the essence in carrying out the terms of this agreement. It is
understood that inclement weather conditions may delay the completion of field work
The CONTRACTOR will be allowed as many additional days as are necessary tc
compensate for days lost due to inclement weather. The CONTRACTOR shall submi
to the CITY ten copies of the Preliminary Environmental Impact Report within six week$
of the signing of this agreement by both concerned parties. The CONTRACTOR shal.
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 Impaci
Report.
...
k 5 Rev 9/13/9L
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w 8. LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is the sum o
$44,870.00 which amount is estimated to be sufficient to compensate thc
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 sur
may not be sufficient, he shall immediately so notify the Planning Director. He will no'
perform any work or incur any obligation beyond said sum of $44,870.00 withou
appropriate amendment to this agreement.
9. 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
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.
IO. NONDISCRIMINATION CLAUSE
The CONTRACTOR shall comply with state and federal laws regarding
nondiscrimination.
...
'/ 6 Rev. 9/13/94
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11. DISPUTES
If a dispute should arise regarding the performance of work under thi:
agreement, the following procedure shall be used to resolve any question of fact o
interpretation not otherwise settled by agreement between parties. Such questions, i
they become identified as a part of a dispute among persons operating under tht
provisions of its contract, shall be reduced to writing by the principal of tht
CONTRACTOR or the CITY Planning Director. A copy of such documented disputt
shall be forwarded to both parties involved along with recommended methods o
resolution which would be of benefit to both parties. The CITY Planning Director o
principal receiving the letter shall reply to the letter along with a recommended methoc
of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to tht
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council fo
their resolution through the office of the City Manager. The City Council may then'op
to consider the directed solution to the problem. In such cases, the action of the Cit!
Council shall be binding upon the parties involved, although nothing in this procedun
shall prohibit the parties seeking remedies available to them at law.
12. CHANGES IN WORK
If, in the course of this contract, changes seem merited by the CONTRACTOR o
the CITY and informal consultations indicate that a change in the conditions of thc
contract is warranted, the CONTRACTOR or the CITY may request a change in thc
contract. Such changes shall be processed by the CITY in the following manner. /
letter outlining the required changes shall be forwarded to the CITY or CONTRACTOF
/ 7 Rev. 911319
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to inform them of the proposed changes along with a statement of estimated changes it
charges or time schedule.
After reaching mutual agreement on the proposal, a supplemental agreemen
shall be prepared by the CITY and approved by the CITY according to the procedure!
described in Carlsbad Municipal Code Section 3.28.172. Such supplement2
agreement shall not render ineffective or invalid unaffected portions of the agreemenl
Changes requiring immediate action by the CONTRACTOR or the CITY shall bc
ordered by the Planning Director who will inform a principal of the CONTRACTOR':
firm of the necessity of such action and follow up with a supplemental agreemer
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 arc
processed according to the procedures in this paragraph.
13. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and it
officers, officials, employees and volunteers from and against all claims, damages
losses and expenses including attorney fees arising out of the performance of the wor
described herein caused in whole or in part by any willful misconduct or negligent act c
omission of the contractor, any subcontractor, anyone directly or indirectly employed b
any of them or anyone for whose acts any of them may be liable, except where cause
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at his own expense, upon written request by the City, defen
any such suit or action brought against the City, its officers, officials, employees an
8 Rev. 9/13/E 1
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volunteers. Contractor's indemnification of City shall not be limited by any prior 01
subsequent declaration by the contractor.
14. rivsuwivcE
The Contractor shall obtain and maintain for the duration of the contract and an!
and all amendments insurance against claims for injuries to persons or damage tc
property which may arise out of or in connection with performance of the worl
hereunder by the contractor, his agents, representatives, employees or subcontractors
Said insurance shall be obtained from an insurance carrier admitted and authorized tc
do business in the State of California. The insurance carrier is required to have i
current Best's Key Rating of not less than "A-:V' and shall meet the City's policy fo
insurance as stated in Resolution No. 91-403.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limit
indicated herein, unless a lower amount is approved by the City Attorney or Cit:
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combinec
single-limit per occurrence for bodily injury, personal injury and property damage. If thc
submitted policies contain aggregate limits, general aggregate limits shall appl)
separately to the work under this contract or the general aggregate shall be twice thc
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fc
contractor's work for the City). $1,000,000 combined single-limit per accident for bodil
injury and property damage.
/c 9 Rev. 9/13/9
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3. Workers' Compensation and Employer's Liability. Workers
Compensation limits as required by the Labor Code of the State of California anc
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 thi
agreement contain, or are endorsed to contain, the following provisions.
I. The City shall be named as an additional insured on all policie:
excluding Workers' Compensation.
2. The contractor shall furnish certificates of insurance to the Citl
before commencement of work.
3.
4.
The contractor shall obtain occurrence coverage.
This insurance shall be in force during the life of the agreement an(
any extension thereof and shall not be canceled without 30 days prior written notice tc
the City sent by certified mail.
5. If the contractor fails to maintain any of the insurance coverage:
required herein, then the City will have the option to declare the contractor in breach, o
may purchase replacement insurance or pay the premiums that are due on existins
policies in order that the required coverages may be maintained. The contractor i:
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 frorr
any sums due the contractor under this agreement.
....
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/L 10 Rev. 9/13/91:
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15. STATUS OF THE CONTRACTOR
The CONTRACTOR shall perform the services provided for herein ii
CONTRACTOR’S own way as an independent contractor and in pursuit c
CONTRACTOR’S independent calling, and not as an employee of the CITY
CONTRACTOR shall be under control of the CITY only as to the result to bc
accomplished, but shall consult with the CITY as provided for in the request fc
proposal. The persons used by the CONTRACTOR to provide services under thi
agreement shall not be considered employees of the CITY for any purpose
whatsoever.
The CONTRACTOR is an independent contractor of the CITY. The paymer
made to the CONTRACTOR pursuant to the contract shall be the full and complet
compensation to which the CONTRACTOR is entitled. The CITY shall not make an
federal or state tax withholdings on behalf of the CONTRACTOR or hidher employee
or subcontractors. The City shall not be required to pay workers’ compensatio
insurance or unemployment contributions on behalf of the CONTRACTOR or his/he
employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACT01
agrees to indemnify the CITY for any tax, retirement contribution, social securit!
overtime payment, or workers’ compensation payment which the CITY may be require
to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR fc
work done under this agreement.
The CONTRACTOR shall be aware of the requirements of the lmmigratio
Reform and Control Act of 1986 and shall comply with those requirements, includin!
i 11 Rev 9/13/:
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but not limited to, verifying the eligibility for employment of all agents, employees
subcontractors and CONTRACTORS that are included in this agreement.
16. ASSIGNMENT OF CONTRACT
CONTRACTOR shall not assign this contract or any part hereof or any moniez
due or to become due thereunder without prior written consent of the CITY.
17. SUBCONTRACTING
If the CONTRACTOR shall subcontract any of the work to be performed unde
this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to thc
CITY for the acts and omissions of its subcontractor and of the persons either directly o
indirectly employed by its subcontractor, as it is for the acts and omission of person:
directly employed by it. Nothing contained in this contract shall create any employee o
contractual relationship between any subcontractor of CONTRACTOR and the CITY
The CONTRACTOR shall bind every subcontractor and every subcontractor of thc
subcontractor by their terms of this contract applicable to its work unless specificall)
noted to the contrary in the subcontract in question approved in writing by the CITY.
18. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the Cln
to negotiate, make, accept or approve, or to take part in negotiating, making, acceptin!
or approving any architectural, engineering, inspection, construction, or material suppl!
contract or subcontract in connection with the construction of the project, shall becomt
directly or indirectly interested personally in this contract or in any part thereof. Nc
officer, employee, architect, attorney, engineer or inspector of or for the CITY who i!
authorized in such capacity and on behalf of the CITY to exercise any executive
8’: 12 Rev. 9/13/9
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supervisory or other similar functions in connection with the performance of this contraci
shall become directly or indirectly interested personally in this contract or any pari
hereof.
19. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement of conversation with any officer, agent or employee or thc
CITY, either before, during or after the execution of this contract, shall affect or modifi
any of the terms or obligations herein contained, nor shall such verbal agreement o
conversation entitle the CONTRACTOR to any additional payment whatsoever unde
the terms of this contract.
20. SUCCESSOR OR ASSIGNS
Subject to the provisions of Paragraph 10, “Hold Harmless Agreement,” a1
terms, conditions, and provisions hereof shall insure to and shall bind each of thc
parties hereto, and each of their respective heirs, executors, administrators
successors, and assigns.
21. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writter
above.
22. CONFLICT OF INTEREST
The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerl
in accordance with the requirements of the City of Carlsbad Conflict of Interest Code
The CONTRACTOR shall report investments or interests in all four categories.
/c 13 Rev. 9/13/91
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Executed by CONTRACTOR this q+ day of ,&&$/x* 119%.
CONTRACTOR:
COTTON/BELAN D/ASSOC IATES, I NC.
(Name of CONTRACTOR)
5?$z?g L&c%-+& ATTEST:
(Signatufe)
t&+yx.t/ g&z2zGz+G5 a& ./ 4&
(Print Name) ALETHA L. RAUTEfNKRANZ, City Cle)lE
pflJuL%/F4& - bn3M/&ww/
(Title and Organization of Signhtory)@&ppRovED AS To FORM: RONALD R. BALL, City Attorney
&LuL,q
(S ig nature) -- CITY ATTOQNJY
/3-ii F.
(Print Name)
(Title and Organization of Signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR must b
attached)
(President or vice-president and secretary or assistant secretary must sign fc
corporations. If only one officer signs, the corporation must attach a resolution certifie
by the secretary or assistant secretary under corporate seal empowering that officer t
bind the corporation).
14 Rev 9/13/E
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Ac)~L)sT~~. iqqb
Notary Public, personally appeared Tmd .!Z &‘ZiDOES- t -5w- or a proved to me on the basis of satisfactory evidence tc
be the person@) whose name(%) @e subscribed to the within instrument an(
acknowledged to me that@s%/tky executed the same in @M/tMr authorize(
capacity(w), and that by(@k/tMr signaturem on the instrument the person(@, o
the entity upon behalf of which the person(@ acted, executed the instrument.
before me, &MA s. SVClcwn, de@ huC
WITNESS my hand and official seal.
/Q&&i&YL
(S ig nature 6f Notary )
/ 15 Rev 91131
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I,* ' a
COITON/BELAND/ASSOCIATES, INC.
CONSENT TO ACTION BY BOARD OF DIRECTORS WITHOUT MEETING
The undersigned directors of Cotton/Beland/Associates, Inc., a California Corporation, hereafter referred to as the "Corporation", consent to the following
action of the board of directors of the Corporation without a meeting by
unanimous consent of all directors of the Corporation:
The following Resolution of the Bo,ard of Directors is adopted:
WHEREAS, R. Dale Beland has resigned from the Corporation,
RESOLVED, that Donald A. Cotton, in his absence, may authorize
P. Patrick Mann or John E. Bridges to execute agreements for professional services on behalf of the Corporation.
Dated: May 17, 1994 &@mi
Donald A. Cotton, President
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Scope of Services and Schedul
This section describes the specific tasks CBA proposes 1 perfom and the schedule to be followed in preparing tE Environmental Impact Re ort for the Poinsettia Propertit
methods are described for each work task.
Task 1. Project Description
The purpose of this task is to pre are a project descriptic
foundation for the EIR.
Draft Project Description Related Projects List Final Pro ect Description
Specific Plan EIR. Tas K objectives, work products an
Scope of
Services
Objective based on the intensity of deve P opment to provide tl.
Notice o I Preparation
Producfs Product D:
Subtasks CBA will review necess information related to the proje
7.7 Review available from the Ci an other agencies and sources. The
have been prepared for the roject, the draft Local Faciliti Management Plan (Zone 227, the General Plan Master E1 associated technical reports, mitigation monitoring a~ reportin programs, CEQA findings, and other related studi
CBA will survey the project area and surrounding areas identi@ local conditions of the natural environment, land UI traffic and general environmental setting of the project.
A detailed draft project description will be prepared a submitted for review by the City staff. This step is to ens1 that CBA understands all aspects of the project befi beginning detailed analyses. The project descnption narrat, and maps will include the project locaaon, potenl interactions with nearby projects, related actions associal with the Specific Plan, the relationship of the project to 10 and regional plans, and a list of the agencies required to act the project proposal and the sequence of approvals.
The Project Description will also include the project objectii and a statement of benefits that inay accrue and what needs met by the project. The pro ect objectives and statement
with City staff. A final Project Description will be prepa
Documents documents include xy e environmental technical studies tk
include li in the City's existing environmental database.
7.2lnspecf
Projecf Area
1.3Projecf
Description
justification will be prepare i by the CBA after consultat
City of Carlsbad Poinsettia Properties S ecrjic 1 Work Program . 1 flogram
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whch incorporates revisions based on City staff review of tk draft.
CBA will also prepare the Notice of Preparation (NOP). Ci staff will prepare an Initial Study and will be responsible for tl distribution of the NOP to other public agencies and interestc parties. CBA will conduct one public scoping meeting solicit comments from interested parties related to preparatic of the EIR.
cumulative impacts, related pro ects must 1 defined ear y in the EIR process. CBA will wor with the Ci to prepare a draft list of related projects for review. CBA w also identi@ assumptions regarding regional growth forecas and General Plan buildout, absorption rates, and other facto important in estimating cumulative impact for use in analysis 1 traffic and other impacts.
Task 2. Screencheck Draft ETR
The purpose of this task is to prepare a complete screenche draft EIR, mitigation monitoring and reporting progrz (MMRP), and technical appendices for review by City sti prior to publication. The document organization described designed to meet the requirements of CEQA and the CEC guidelines for an EIR. The screencheck draft will include text, tables and figures.
Products Product D 4
To identify k 1.4 Relafed
Projecfs
Objecfive
Screencheck Draft EIR, MMRP, and Appendices to City (10 copies)
Subtasks
2.7 Agency
Confacfs
CB A will contact appropriate agencies and individuals identified by the City regarding otential impacts of the projt on those agencies and individu ap s, to obtain information for f Drafi EIR.
2.2 Screencheck
Draft EIR
Section 7
lnfroducfion
The Introduction will summarize the le al role and purpose the EIR in the development process, an t the use, structure, E scope of the EIR.
The Executive Summary will identifj each significant effect the project; areas of controversy including issues raised encies and the public; and issues to be resolved including 3oice among alternatives and whether or how to mitig significant effects. The Executive Sunmm-y will be format to clearly identifjr appropriate agency findings with regard
Section 2
Executive
Summary
City of Carlsbad Poinsettia Properties Sjwmj?c 1 Work Program 2 I rogram
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mitigation measures and significant effects of the project each environmental issues area analyzed. (Exhibits: Projc Maps, Project Description Table, Environmental Impacts a Mitigation Measures Table, and Comparison of AlternatiL Table)
The pro ect description will include a description of t
Description alternative. The project description will include project ma locating and describing the proposed project and characteristics, related plans, required discretionary actions, a a table and diagrams describing the alternatives considered the EIR. (Exhibits: Regional Setting Map, Project Locati and Boundaries Map, Parcels Table, Comparison Alternatives Table, others as appropriate)
This section will briefly describe the regional and loc
Environmental environmental setting of the proposed project. A m( detailed descri tion of the environmental setting will
mitigation measures.
This section will discuss the environmental setting, basis I thresholds) for determining impact si nificance, sipifici environmental effects and unavoida E le adverse impac mitigation measures for each of the project impacts, level significance after mitigation (residual impact), and the MMI relationship for organized in accordance with the CE( Guidelines.
Each environmental factor with potentially significant effe will be discussed in the following sections:
This section will describe the environmental setting for t
Setting environmental factor, including the current state of 1 environment, and any applicable local or regional pk affecting the environmental factor.
This section will describe the standards or criteria which act the basis for determining whether or not a project impaci significant. CBA will work directly with City staff to devel thresholds based on existing City policy and standards, or otl recognized impact standards. This section provides important part of the evidence in the record that courts se when determining whether or not an agency has properly fou
an effect to be significant or not significant.
Project-level and cumulative impacts will be described in t
Impacts section. Impacts will be qualitatively and quantitativl anaIyzed to the extent possible. Where it is possible quantitatively measure impacts (e.g., emergency serv response times, water service availability, etc.), fact
Section 3
Project propose B project, project alternatives, and the "no projec
Section4
Setting included in the P ollowing section discussing project impacts a
Section 5
Environmental
lmpacts and
Mitigation
Measures
Environmental
Threshold of
Significance
Environmental
City of Carlsbad Work Program 3 I rogram I'oinsc((ra Properties ,5pecijic i
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a proved by the Ci will be utilized. Whenever appropris
with input regarding threshold standards from t e affec service providers (Le., school districts, etc.).
The discussion of mitigation measures will distinguish betwt
mitigation measures included in the EIR, and other measu not included but which could reasonably be expected to redl lmpacfs adverse impacts if included in the proposed project. Wh several mitigation measures are available, the basis for select from among these measures will be discussed. The discuss of mitigation measures will provide the background findings under Section 15091 (a) of the CEQA guidelin Mitigation measures will be discussed in sufficient detail provide the basis for a mitigation monitoring and report program.
This section will provide conclusions regarding the significa of the environmental im act, at the project and cumulat levels, following the app P ication of recommended mitigat Mitigation measures. Mitigation may reduce significant enviromner impacts to less than significant, or may reduce the impact wf environmental effect remains significant.
Environmental factors to be analyzed in the EIR are descril below:
The majority of the Specific Plan area was previously utili; for agricultural pu oses however, no portion of the prope
The Specific Plan area lies within the Coastal Agricultt Overlay Zone of the Mello I1 Segment of the City's LCP. C1 will utilize the agricultural feasibility study prepared for site. Potential impacts to agricultural resources will described in tenns of: a the feasibility of contini agricultural operations and via ility where project rading n affect otherwise suitable agricultural soils; and b the loss agricultural lands as a resource under the Coastal Act. Possi mitigation measures include the payment of impact fees conversion of the site to urban uses.
The proposed project is expected to result in an incremei increase in local and regional air pollution. Short-term : long-term impacts to air quality will result from pro4 implementation. Impacts to air quality will be describec terms of a) project emissions fi-om vehicular and station sources; b) construction-related emissions; and c) relatior existing state and federal standards, and regional air- qua attainment plans.
x stands t K e quantitative anaysis ? will be based on the Ci
Mitigation
Measures for
Significant
lmpact Significance
Affer
5.1 Agricultural
Resources is subject to a Wil ? iamson Act Land Conservation Contri
i! 7
5.2 Air Qualify
Yoinseltia Propcrlres S ieci IC A City ofCarlsbad Work Program 4 I rogmm u-
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CBA will utilize the new air quality modelling progra designed by SCAQMD -- Mobile Assessment for Air Quali Impacts (MAAQI) -- and other spreadsheets developed by CB which implement the methods of the SCAQMD CEQ handbook, to estimate vehicular and energy emissior
MAAQI is an air quality modelling program designed 1 SCAQMD to estimate vehcular and energy emissions. Vehic tri , electricity and gas emissions will be projected. MAA(
mitigation measures to address significant air quality impac by selecting appropriate mobile and stationary sour mitigation measures.
The ma ority of the roject site was surveyed for archaeologic
PaleoServices. CBA will utilize the existing cultural resour information for inclusion in the ETR. Our review of the cultui report indicates that no significant impacts would occur archaeological resources and no mitigation measures s required. The Galle os cultural resources report meets t
preparation required by City guidelines.
Based on our preliminary review of the report, their wc included the completion of a literature review and recc search, as well as a survey of the project site. The field sum included the collection of surface artifacts and site map ing
CBA will also rely upon the aleontological resources rep(
resources. The report identifies a moderate potential for t existence of paleontological resources. Because the existen of such resources cannot be determined until grading activ commences, the initi ation for potential significant impacts u
Because most of the site has been previously graded agricultural purposes, impacts to biological resources : limited. CBA will utilize the existin biology study and ven
sensitive plant and animal s ecies present on site that may affected by the project; and b P any new federal and state listir of endangered plant and animal species associated with the SI No repeated surveys or directed surveys for specific species, spring annuals are anticipated to be necessary. No signific resources have been identified on-site however, mitigat] measures may be recommended to reduce any potential impa to the existing vernal pool located iininediately off-site.
wi P 1 be used to estimate emissions after implementation
and pa i eontologica P resources by Gallegos & Associates a
qualifications for cu B tural resource professionals and rep(
identifjr location of surface artifacts and important lan (P forn
prepared by PaleoServices to B escribe potential impacts to su
be addressed throug f; a monitoring and collection program.
P pool letter re ort prepared by Dude i and Associates. Im a to biologica P resources will be described in terms o
5.3 Achaeological
and
f aleontological
Resources
5.4Biological
Resources
City ojearlsbad l’oinset fin 1’ropcrlic.y Sj7ecific 1 Work Program 5 I rogram
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5.5 Traffic/
Circulation
Substantial traffic will be generated by the proposed proje
which will rely upon City streets and Interstate 5 for access
and from the site. CBA will utilize the City-approv transportation analysis prepared for the project by Urb Systems Associates to prepare this section of the E1 Traffic/circulation impacts will be described in terms of: vehicular trips generated by the project which will utilize C roadway segments and intersections, and 1-5 interchanges; analyze the safety and adequacy of pedestrian corrido connections, and c) analyze the ade uacy of the vehicu
Mitigation measures identified will be based recommendations contained in the USA report.
The proposed project will result in an increase in populati and housing in the area as a result of new resident
development. Analysis of population and housing impacts M include direct and indirect impacts, and cumulative impac The analysis will compare planned land use populatiodhousi ca acity with growth rojections for the area and housing nee
will describe mitigation measures available to reduce a significant population and housing impacts.
The proposed project relies upon amendments to the Gene 5.7 Land Use Plan, Local Coastal Plan, Local Facilities Management PI; The pro ect propoc Compatibility and other discretionary residential and commerci uses and is genera ly compati with sumrounding uses.
Project impacts will be described in terms of: a) land compatibility between the proposed development and adjac uses; and b) conformance with current City lans, policies i
Local Coastal Program, Zoning Ordinance, Scenic Corri Guidelines, Landscape Guidelines, and 01
Space/Conservation/Resource Management Plan. In so instances, the proposed project relies upon changes to exist plans and policies, and the amendment of these plans i policies to accommodate the project will be analyzed significance.
The project site is subject to railroad and traffic noise, : traffic generated by the project will add incremental noise in area. Construction activity will also constitute a source temporary noise during develo inent of the site. CBA 7 utilize the noise analysis prepare B by Mestre Greve Associa
Noise impacts associated with the project will be describe( terms of: a) consistency with General Plan Noise Eleir policy and standards; and b) City noise ordinance standards requirements. Mitigation for- impacts will focus on design
connections to the mixed-use project inc 't uding bus connectioi
5.6
and Housing
Population
in ip ormation containe a in the City's Housing Element. The E
afenni ts- i
ordinances, including the General Plan, Me1 P o I1 section of
5.8 Noise
City of Carlsbad I'oin.se(tra 1~roper~ie.s .5$1ecrJc j Work Program 6 I rogrcrm
0
construction techniques which can reduce noise impacts proposed and surrounding land uses.
The Local Facilities Management Plan for Zone 22 must amended to accommodate the pro ect. Impacts of the propos
Utilities project on public services and i acilities will be described terms of a) demands for water, reclaimed water, sev treatment capaci , gas and electric service, schools, poll
providing such services to respond to projected emand; and effect on City emergency response plans.
5.70 Visual The proposed project will result in landform alterati
Aesfheficd associated with grading for project development, and 1
Grading development of buildings on currently vacant la Development of the site has the potential to result in visi impacts. CBA will prepare an analysis of visual aesthetic a grading impacts utilizing the a plicant prepared compu
modeling should this service be required. We have I included a 3-D modeling work effort in the project budge1 this time.
CBA will assess visual impacts in terms of a) landfo changes resulting from grading of the site; and b) hh building inasses on site followin development. Specifical views from Interstate 5, Carlsba Lf Boulevard, Poinsettia La Avenida Encinas, Lanakai Mobile Hoine Park, Lake Shc Gardens Mobile Home Park and Sea Pointe project will analyzed. Mitigation measures will be proposed for s identified visual impacts.
Increased runoff from additional impervious surfaces, dc with urban pollutants generated by the various land u proposed may impact area water courses in the Batiqui Lagoon and vernal pool adjacent to the project. CBA v utilize the hydrology study prepared by O'Day Consultants E groundwater quality information from the GEOCON repon prepare a water quality analysis which will provide the basis this section of the EIR. Impacts to water quality will described in terms of a) adequacy of the proposed storm wi management concept; b) on-site erosion potential, and general drainage characteristics, surface flow direction, i quantities. Mitigation will generally be aimed at reduc runoff and implementing best inanageinent practices to redl potential impacts.
As described in the CEQA Guidelines, CBA will prepare EIR that describes a ran e of reasonable alternatives to project which can feasib y attain the basic objectives of project, while focusing on alternatives capable of eliininat any significant adverse environmental effects or reducing th to a level of insignificance.
0
5.9 Public
Services and
!? Of agent
protection and 7 ire protection; b) the abili
modeled views. CBA has the abi P ify to prepare 3-D compu
5.17 Wafer
Qua/ify/Hydro/ogy
Secfion 6 f Alternatives
City ofCarlsbad Pornsetrrn Propcrtres ,Jjleci'c A Work Program 7 I rogrom
a
CBA will examine up to four alternatives, including the "n pro ect" alternative, in the EIR. The specific description of or an d' off-site alternatives will be based on discussion an
agreement between the City and CBA. (Exhibits: Tab1
com aring environmental effects of alternatives, graph]
alternatives to be selected, CBA assumes the inc usion of or off-site alternative, one on-site altemative evaluating a land us variation of the project, and one on-site alternative focusing c changes in project design to reduce significant adver: environmental impacts.
To allow decision makers to easily weigh the advantages an disadvantages of the alternatives compared to the propose project, CBA will include a matrix comparing the relati1 impacts of each alternative and a narrative description of ti environmental advantages and disadvantages of ea( alternative.
Senate Bill 749 (Thompson) has deleted the requirement that EIR must set forth the relationship between local short-ter uses of the environment and long-tem productivity and a significant irreversible environmental chan es caused by t
cumulative impacts, growth-inducing impacts, unavoidak significant impacts, and areas of no significant impact.
This section will identify the potential cumulative effec resulting froin 'this project, and other known projects identifi by City staff and other agencies. All cumulative effects will discussed in this section to clearly separate the project effec from effects which are only significant when combined WI effects of other projects. Other known projects include t development in Carlsbad and surrounding communities.
The potential for the project to induce growth in nearby are through the extension of urban services will be identifit Indirect and direct impacts of employment generated by f project will be estimated.
Based on analysis rovided in the EIR, areas of signific
e
'i exhi E its of alternatives as appropriate) Amon the projec
Section 7
Analysis of
Long-Term
Effects
project. Therefore, long-term effects wi f 1 be focused 1
7. I Cumulafive
Impacfs
7.2 Growth-
Inducing
lmpacfs
7.3 Unavoidable
Significanf
Environmenfal
lmpacfs
7.4 Areas of
No Significanf
lmpacf
Secfion 8
References
im act that cannot e e reduced to a less than significant le wi P I be identified.
Areas of no significant impact identified in the Initial S~L prepared by City staff and the EIR will be listed with a b~ justification for the finding.
This section will identie organizations, persons and docume consulted in preparation of the EIR. Firms and individc involved in the preparation of the document will also iden ti fied.
City of Carlsbad /'oriwct(ia Properlies S P ecfic I Work Program 8 I rograni
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Appendices The Appendices will include a copy of the NOP, Responses 1 Comments on the Draft EIR and Cormnent Letters, and tk associated EIR technical reports.
A separate Mitigation Monitoring and Reporting Program wj be repared with the Screencheck Draft, Draft and Final E1 an8 will include monitoring team qualifications, specif monitoring activities, a reportmg system for evaluating tl success of mitigation measures.
Task 3. Draft EIR
Objective The pyose of this task is to pre are a Draft EIR, MMRP, iu Appen ices for distribution an a public review.
Products Product D:
Mifigafion
Moniforing and
Reporfing Program
City Comments on Screencheck Draft EIR to CBA f
Revised Screencheck Draft EIR, MMRP and
Notice of Completion, Pub IC Review Drafi EIR, MMRP, and Ap endices to City for distribution
A pendices to City (1 0 copies) P Aut R orization from City to rint draft documents
(50 copies anfl reproducible master with 25 three-ring binders and 25 combound)
Subfasks
3.1 Cify
Review
The City will review the screencheck draft EIR and prep; revisions in the fonn of a marked-up copy of the documc indicating all desired changes, corrections and areas : expansion, etc. CBA will prepare the Notice of Completi and forward to City for inclusion with distributed copies of 1 public review Draft EIR.
CBA will incorporate City comments on the Screencheck ii
a revised screencheck draft EIR for fmd City review. Up completion of Ci review of the revised screencheck, the C
to pmt the public review draft documents. The public revi Draft EIR will be printed and copies will be rovided to
agencies and parties.
Task 4. Response to Comments, Final Em
The pTose of this task is to prepare responses to comments the pub IC and public agencies on the Draft EIR, and comp the Final EIR mcorporating changes in response to commt received.
Product I
Draft EIR Comments to CBA Screencheck Final EIR and MMRP to City (1 0 copies)
3.2 Drat?
Revisions
will provide any ? mal direction for changes and authorize CI
City for distribution to a list of City/CBA i B entified pul
Objective
Products
City of Carlsbad Poinsettia Properties S$wcijc 1 Work Program 9 1 rogram
15
e
copies) 1;
City coinments on Screencheck Final EIR to CBA Revised Screencheck Final EIR and MMRP to City (10
0
Authorization from City to print final documents Final EIR, MMRP and Appendices to City for
distribution (50 copies, 1 reproducible master, and 1 disk copy with 25 three-ring binders and 25
1: 11
combound)
Our project budget includes an hours allowance for respons to comments and modifications to the Draft EIR that fo Comments normally sufficient for projects that are not hi h controversial. If a large number of comments are receivef, if comments raise new issues or require additional analysis n anticipated by the budget for preparation of the Draft EIR, tl allowance is likely to be exceeded. Should this occur, costs f completion of responses are considered additional services.
CBA will prepare a screencheck Final EIR for review by c: staff prior to publication, and a Final EIR including t following changes to the Draft EIR:
Revised cover page Revised table of contents Revised text of EIR incorporating changes Comments received and responses to comments on the Drr
As an optional task not presently included in the project budg CBA will prepare draft Findings of Fact ursuant to CEC
and a draft Statement of Overriding Considerations if requii for City Council action.
Task 6. Meetings and Hearings
The purpose of this task is to meet with City staff and rovide expert testimony at meetings and public hearir %efore the City Council (up to 11 meetings will be attendec
CBA staff will meet up to 7 times with City staff and ot City-identified parties to initiate the project, conduct the puk scoping meeting, manage EIR preparation and resolve issu review staff comments on screencheck draft documents i review.
The CBA Principal and Project Manager will prov resentations and expert testimony at up to four public hearii [efore the Planning Commission and City Council.
CB A will maintain the following project schedule, subjec the timely provision of information and response to d
4.1 Responses
4.2 Final EIR
and MMRP
EIR
5.0 CEQA
Findings
and Sfafement
of Overriding
Considera fions
and (Optional
Task)
Guidelines for significant environmental ef P ects of the proje
Objective
Subtasks
6.7 Meefings
6.2 Hearings
Project
Schedule materials by the City:
City of Carlsbad Poinseltia Properties 5j7ecil;c A Work Program 10 I rogram
0
Day 1: Contract Initiation
Day 6: Draft Project Description Related Projects List
Final Pro ect Description Day 14: Notice o Preparation for City distribution
Day 42: Screencheck Draft EIR, MMRP and Appendices to City
Day 63: City comments on Screencheck Draft EIR to CBA
Day 76 Revised Screencheck Draft EIR, MMRP and Appendices to City
Day 81 Authorization from City to print draft documents
Day 85 Notice of Completion, Public Review Draft EIR, MMRP, and Appendices to City for distribution
Draft EIR Comments to CBA
Screencheck Final EIR and MMRP to City
City comments on Screencheck Final EIR to CBA
Revised Screencheck Final EIR and MMRP tc City
Authorization from City to print final documents
Final EIR, MMRP and Appendices to City fol distribution
0
i!
Day 130
Day 144
Day 158
Day 172
Day 177
Day 182
City of Carlsbad Poinsettia Properties S$mijic 1’1 Work Program I1 I rogram E
0 a
Poinsettia Properties Specific Plan
Budget
3.2 Draft Rmkions
Principal-mChargeJ’rojcct Manager - John E. Bridges
Project Planner -Tim Gnibus
Tcctmician/Craptiics - Shawn S. Shamlou
e!!
C:bxceRfileskbr-spa XIS
0 0
AGREEMENT BETWEEN CITY AND APPLICANT
FOR PAYMENT OF EIR CONSULTANT
THIS AGREEMENT is made this 12th day of SEPTENBER , 1996
between the CITY OF CARLSBAD, a municipal corporation of the State of California
hereafter referred to as “CITY,” and HSUBP/MICHAN LIMITED PARTNERSHIF
hereinafter referred to as “APPLICANT.”
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request fo
approval of a proposed project identified as POINSETTIA PROPERTIES SPECIFIC
PLAN requiring an Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequate ir
number to process the Environmental Impact Report in a timely and thorough manner
and
WHEREAS, APPLICANT in order to ensure the expeditious processing a
said Environmental Impact Report desires to pay to CITY the amount necessary to hin
a CONSULTANT.
NOW, THEREFORE, in consideration of the covenants and conditions,
is agreed as follows:
1. The CITY will engage the firm of COTTON/BELAND/ASSOClATES INC
hereinafter referred to as “CONSULTANT” to perform the necessary work in th
processing and monitoring of the Environmental Impact Report for that area mor
1 Rev. 4-194
0 0
particularly depicted upon a site map attached as Attachment “1” and made a part of
this agreement.
2, It is understood that the CONSULTANT services shall conform to the
Proposal attached as Attachment “2” and made a part of this agreement, and may
require:
a. Field exploration;
b.
c. Written responses; and
d. Such other work necessary to properly evaluate the proposec
Weekly communication with the City staff;
project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONSULTANT to complete I
draft and final Environmental Impact Report at the earliest feasible time. The CITY wi
advise the APPLICANT in writing of any impacts which may render the propose
project infeasible within a reasonable time after CITY has received th
CONSULTANT’S conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of tt-
CONSULTANT’S services. Such cost shall be based on the costs set forth
Attachment “2”. The APPLICANT has advanced the sum of $44,870.00 as payment c
account for the actual cost of the CONSULTANTS services. In the event it appears, i
the work progresses, that said sum will not be sufficient to cover the actual cost, tl
CITY will notify the APPLICANT of the difference between the amount deposited a
the new estimated cost. CITY will ensure, to the extent feasible, that no further wc
will be performed by the CONSULTANT incurring an obligation beyond the amoi
2 Rev. 4-19
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advanced without an appropriate amendment to the Agreement. If the actual cost of
preparing the report is less than the APPLICANT’S advance, any surplus will be
refunded to APPLICANT by CITY.
5. It is understood that the CONSULTANT shall be an independent
contractor of the CITY and CITY shall not be liable for any negligent acts or omission of
the CONSULTANT to enter upon his property and to perform all work thereon as the
CONSULTANT deems necessary to complete the Environmental Impact Report. It is
agreed that the APPLICANT will not interfere with the CONSULTANT in the
performance of such work or attempt to influence such CONSULTANT during the
course of his investigation and report.
6. It is understood that the CITY will attempt to bring the Environmenta
Impact Report to Planning Commission and City Council as soon as possible, barrin!
no delays from the APPLICANT.
....
....
....
....
....
....
....
....
....
....
3 Rev. 4-19
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
Executed by APPLICANT this 2 3”’day of 7- L~ ,19%.
APPLICANT:
HSUBP/MlCHAN L.P., a California limited partnership
By: HBM Poinsettia L.P.,
a California limited partnership
By: Its General Partner ATTEST: Benchmark Pacific, Inc.,
ALETHA L. RAUTENKRANZ, City C@
ouglas M. Avis, President
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
?i!&pL?)
City Attorney 4 J%f
(Proper notarial acknowledgment of execution by APPLICANT must be attached).
(President or vice-president and secretary or assistant secrefary must sign fo
corporations. If only one officer signs, the corporation must attach a resolution cettifiec
by the secretary or assistant secretary under corporate seal empowering that officer tc
bind the corporation.)
4 Rev 4-19-9
e 0
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ) ss.
,
+ 9, . , \] CLC <C,'<! ,< , before me, 7 \ A( , Notar Public, persodly aQpieared
me (or proved to me on the basis of sabfactory evidence) to be the person(s) whose name(s) is/ar subscribed to the within instrument and acknowledged to me that he/she/they executed the same i hjslherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument, tb
person(s), or the entity upon behalf of which the person(s) acted, executed the hstnunent.
c\ 7
I ,hownt
On JU\ 'Ar 13 *_ I /+(,
I)p~~ k~ LA \ I? p 1 LL
WITNESS my hand and official seal.
h
(Sea Signaturei 1 ' <'u\p ,
<;
v,' x,\ I p%/<- rbk ;/Iy . x?
\
\ J
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RESOLUTION ADOPTED BY
UNANIMOUS WRITTEN CONSENT
OF
BENCHMARK PACIFIC, INC.
July 22, 1996
The undersigned as the sole member of the Bod of Directors of EErlCHMARK PACIFIC. INC.. a
corporation organized under the General Corporation Law of California. does by tlus writing consent 10
take the following actions and adopt the following resolution in its capacity as general partner of PSLBPMichan LP, a California Limited Partnership:
RESOLVED, that the partnership of HSL/BP/Michan LP.. shall enter into agreement entitled
AGREEMENT BETWEEN CITY AND APPLICANT FOR PAYMENT OF EIR CONSULTANT (herein
after the Agreement). The Agreement is between the Cic of Carlsbad and HSL/BP/Michan LP relating to
the required EnvironmentaI Impact Report for the project known as Poinsettia Properties Specific Plan.
Ths resolution gives Douglas M. Akis full authority to enter into the Agreement on behalf of Benchmark
Pacific Inc., and HSL/BPMchan LP and to bind these entities to the terms and condition of the
Agreement.
The undersigned directs that hs consent be filed with the Minutes of the proceedings of the Board of
Directors of Benchmark Pacific Inc.
Dated: July 22. 1996
Doug&& Alis, President of Benchmark Pacifc Inc.
This resolution is hereby certified by the Secretac of Benchmark Pacific Inc.
Dated: July22, 1996
\ ', 1
b
ATTACH1 0 0
YCn W
I- -
$2 gi ne
LO 5% I-0 +w We cna 2
m
5 e
ATTAC * 0
Scope of Services and Schedult
This section describes the specific tasks CBA proposes tc perform and the schedule to be followed in preparing th Environmental Impact Re ort for the Poinsettia Propertie
methods are described for each work task. Specific Plan EIR. Tas E objectives, work products anl
Scope of
Services
Objective
Task 1. Project Description
The urpose of this task is to pre are a project descriptio
foundation for the EIR.
Draft Project Description Related Projects List Final Pro ect Description
base x on the intensity of deveopment P
Notice o ti Preparation 1
to provide tk
Da
1
Products Product
Subtasks CBA will review necess information related to the proje
7.7 Review available fiom the Ci an other agencies and sources. The
have been prepared for the roject, the draft Local Faciliti Management Plan (Zone 225, the General Plan Master E1 associated technical reports, mitigation monitoring a] reportin programs, CEQA findings, and other related studi
CBA will survey the project area and surrounding areas identify local conditions of the natural environment, land u! traffic and general environmental setting of the project.
A detailed draft project description will be prepared a submitted for review by the City st&. This step is to ens1 that CBA understands all aspects of the project befc beginning detailed analyses. The project descnption narrat and maps will include the project locahon, poten1 interactions with nearby projects, related actions associa with the Specific Plan, the relationship of the project to lo and regional plans, and a list of the agencies required to act the project proposal and the sequence of approvals.
The Project Descri tion will also include the project objecti
met by the project. The pro ect objectives and statemenf
with City staff. A frnal Project Description will be prepa
Documents documents include x4 e environmental technical studies th
include if in the City's existing environmental database.
7.2Inspect
Project Area
7.3Project
Description
and a statement of g enefits that may accrue and what needs
justification will be prepare d! by the CBA after consultat
City of Carlsbad Pornsettia Properhes s ecrjic i Work Program 1 fiogram
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which incorporates revisions based on City staff review of tE draft.
CBA will also prepare the Notice of Preparation (NOP). Ci1 staffwill prepare an Initial Study and will be responsible for tE distribution of the NOP to other public agencies and intereste parties. CBA will conduct one public scoping meeting I solicit comments from interested parties related to preparatic of the EIR.
1.4 Related To identi cumulative impacts, related pro ects must \
to prepare a draft list of related projects for review. CBA w also identify assumptions regarding regional growth foreca and General Plan buildout, absorption rates, and other factc important in estimating cumulative impact for use in analysis traffic and other impacts.
Task 2. Screencheck Draft EIFt
The purpose of this task is to prepare a complete screenche draft EIR, mitigation monitoring and reporting progri (MMRP), and technical appendices for review by City st prior to ublication. The document organization descnbec
guidelines for an EIR. The screencheck draft will include text, tables and figures.
Products Product I: Screencheck Draft EIR, MMRP, and Appendices
CBA will contact appropriate agencies and individuals identified by the City regarding otential impacts of the pro-
Draft EIR.
Projects defined ear ? y in the EIR process. CBA will wor i with the Ci
Objective
designe a to meet the requirements of CEQA and the CE(
to City (1 0 copies)
Subtasks
2.1 Agency
Contacts on those agencies and individu ap s, to obtain information for
the EIR in the development process, an Lf the use, structure,
2.2 Screencheck
Draft EIR
Section 1
Introduction
The Introduction will summarize the le al role and purposl
scope of the EIR.
The Executive Summary will identify each significant effec the project; areas of controversy Including issues raise( encies and the public; and issues to be resolved inchdint Zoice among alternatives and whether or how to miti significant effects. The Executive Summary will be form: to clearly identify appropriate agency findings with regm
Section 2
Executive
summary
City of Carlsbad Poinsettia Properhes S eciflc Work Program 2 Jograt
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mitigation measures and significant effects of the project 1 each environmental issues area analyzed. (Exhibits: Proje Maps, Project Description Table, Environmental Impacts ar Mibgation Measures Table, and Comparison of Alternativc Table)
The pro ect description will include a description of tl
Description alternative. The project description will include project ma1 locating and describing the proposed project and ! characteristics, related plans, required discretionary actions, iil a table and diagrams describing the alternatives considered the EIR. (Exhibits: Regional Setting Map, Project Locati and Boundaries Map, Parcels Table, Comparison Alternatives Table, others as appropriate)
This section will briefly describe the regional and loc
Environmental environmental setting of the proposed project. A mc detailed descri tion of the environmental setting .will
mitigation measures.
This section will discuss the environmental setting, basis thresholds) for determining impact sipficance, sipfic environmental effects and unavoida le adverse unpac mitigation measures for each of the project impacts, level significance after mitigation (residual impact), and the MM relationship for organized in accordance with the CE( Guidelines.
Each environmental factor with potentially significant effc will%e discussed in the following sections:
This section will describe the environmental setting for 1 environmental factor, including the current state of environment, and any applicable local or regional pl affecting the environmental factor.
This section will describe the standards or criteria which ac the basis for determining whether or not a project impac significant. CBA will work directly with City staff to deve thresholds based on existing City policy and standards, or o recognized impact standards. This section provides important part of the evidence in the record that courts I when determining whether or not an agency has properly fo an effect to be significant or not sigruficant.
Project-level and cumulative impacts will be described in
impacts section. Impacts will be qualitatively and quantitati analyzed to the extent possible. Where it is possiblr quantitatively measure impacts (e.&., emergency ser response times, water service avsulability, etc.), fac
Section3 Project propose d project, project alternatives, and the "no projec
Section4
Setting included in the P ollowing section discussing project impacts a
Section 5
Environmental
impacts and
Mitigation
Measures
Environmental
Setting
Threshold of
Significance
Environmental
City of Carlsbad Polnsetha Propertres s ecrfic Work Program 3 fiogrm
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approved by the Ci
with input regarding threshold standards from service providers @e., school districts, etc.).
The discussion of mitigation measures will distinguish betwet mitigation measures included in the EIR, and other measurc not included but which could reasonably be expected to reduc adverse impacts if included in the proposed project. Whe
several mitigation measures are available, the basis for selectii from among these measures will be discussed. The discussic of mitigahon measures will provide the background f findings under Section 15091 (a) of the CEQA guidelint Mitigation measures will be discussed in sufficient detail provide the basis for a mitigation monitoring and reporti program.
This Section will provide conclusions regarding the significar of the environmental im act, at the project and cumulat
measures. Mitigation may reduce significant environmer impacts to less than significant, or may reduce the impact wl environmental effect remains significant.
Environmental factors to be analyzed in the EIR are descril below:
The majority of the Specific Plan area was previously utili:
Resources for agricultural p oses however, no orhon of the ropt
, The Specific Plan area lies within the Coastal Agriculh Overlay Zone of the Mello TI Segment of the City's LCP. C will utilize the agricultural feasibility study prepared for site. Potential mpacts to agricultural resources will described in terms of a the feasibility of conth
%ct otherwise suitable agricultural soils; and b the 10s agricultural lands as a resource under the Coastal Act. POSF mitigation measures include the payment of iinpact fees conversion of the site to urban uses.
The proposed project is expected to result in an incremr increase in local and regional air pollution. Short-term long-term impacts to air quality will result from prc implementation. Impacts to air quality will be descnbe terms of a) project emissions from vehicular and statio sources; b) construction-related emissions; and c) relatic existing state and federal standards, and regional air qu attainment plans.
will be utilized. Whenever appropnat
e affecte x the quantitative an 2 ysis will be based on the Ci standarc
Mitigation
Measures for
Significant
Impacts
lrnpacf
Significance
After
Mitigation
levels, following the app P ication of recommended mitigat
5.4 Agricultural
is subject to a Wil Yf iamson Act Land e onservation 8 ontr
yding r
cultural operations and via 2 ility where project
5.2AirQuality
Poinsettia Properties S ecij?( %gra City of Carlsbad Work Program 4
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CBA will utilize the new air quality modelling progra designed by SCAQMD -- Mobile Assessment for Air Quali Impacts (MAAQI) - and other s readsheets developed by CB
handbook, to estimate vehicular and energy emissior MAAQI is an air quality modelling program designed 1 SCAQMD to estimate vehcular and energy emissions. Vehic
mitigation measures to address significant air quality impac by selecting appropriate mobile and stationary SOUI mitigation measures.
The ma'ority of the roject site was surveyed for archaeologic
PaleoServices. CB A will utilize the existing cultural resoui information for inclusion in the EIR. Our revlew of the cultu report indicates that no significant impacts would occur archaeological resources and no mibgation measures i required. The Galle os cultural resources report meets 1
preparation required by City guidelines.
Based on our preliminary review of the report, their w( included the completion of a literature review and rea search, as well as a survey of the project site. The field sun included the collection of surface artifacts and site map ing
CBA will also rely upon the aleontological resources rep
resources. The report identifies a moderate potential for existence of paleontological resources. Because the existei of such resources cannot be determined until grading actii commences, the miti ation for potential significant impacts 1 be addressed throuj$ a monitoring and collection program
Because most of the site has been previously graded agricultural purposes, impacts to biological resources limited. CBA wll utilize the existin biology study and vel
sensitive plant and animal s ecies present on site that ma) affected by the project; and b P any new federal and state listi of endangered plant and animal species associated with the 5 No repeated surveys or directed surveys for specific species spring annuals are anticipated to be necessary. No signific resources have been identified on-site however, mitigz measures may be recommended to reduce any potential imp to the existing vernal pool located immediately off-site.
which implement the metho x s of the SCAQMD CEQ
wi P 1 be used to estimate emissions after implementation
and p a/ eontologic ap resources by Gallegos & Associates a
qualifications for cu B tural resource professionals and rep
identify location of surface artifacts and important lan B fon
prepared by Palmservices to 2 escribe potential impacts to SI
tri , electricity and gas emissions will be projected. MAAI
5.3 Achaeological
and
Paleontological
Resources
5.4 Biological
Resources
pool letter re ort prepared by Dude t and Associates. '"pi to biologica P resources will be described in terms o .
City of Carlsbad Poinsettia Propertres S ecific Work Program 5 fiogran
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5.5 Traffic/
Circulation
Substantial traffic will be generated by the proposed projt which will rely upon City streets and Interstate 5 for access and from the site. CBA will utilize the City-approv transportation analysis prepared for the project by Urb Systems Associates to prepare this section of the E1 Traffic/circulation impacts will be described in terms of: vehicular trips generated by the project which will utilize C roadway segments and intersections, and 1-5 interchanges; analyze the safety and adequacy of pedestrian corridc connections, and c) analyze the ade uacy of the vehicu
Mitigation measures identified will be based recommendations contained in the USA report.
The proposed project will result in an increase in populati and housing m the area as a result of new resideni development. Analysis of population and housing impacts Y include direct and indirect impacts, and cumulative impa The analysis will compare planned land use populatiodhous acity with growth rojections for the area and housing ne zormation containkpin the City's Housing Element. The I will describe mitigation measures available to reduce significant populabon and housing impacts.
The proposed project relies upon amendments to the Gen Plan, Local Coastal Plan, Local Facilities Management P . The pro ect prop( residential and commerci uses and is gener ly compat with surrounding uses.
Project impacts will be described in terms of: a) land compatibility between the pro osed development and adjai uses; and b) conformance wi$current City lans, policies
Local Coastal Program, Zoning Ordinance, Scenic Corr Guidelines, Landscape Guidelines, and C SpacelConservatiodResource Management Plan. In sc instances, the proposed project relies upon changes to exi!: plans and policies, and the amendment of these plans policies to accommodate the project will be analyzed significance.
The project site is subject to railroad and traffic noise, traffic generated by the project will add incremental noise ii area. Construction activity will also constitute a sourc temporary noise during develo ment of the site. CBA
Noise impacts associated with the project will be describ terms of: a) consistency with General Plan Noise Ele policy and standards; and b) City noise ordinance standard! requirements. Mitigation for impacts will focus on desigr
connections to the mixed-use project inc 9 uding bus connectio
5.6
and Housing
Populafjon
5.7 Land Use
Compatibility and other discretionary ,permits a
ordinances, including the General Plan, Me1 P o I1 section of
5.8 Noise
utilize the noise analysis prepare a by Mestre Greve Associ
City of Carlsbad Poinsettia Properties S ecifii Work Program 6 8ogro
0
project on public services and i! acilities will be described
z protection and r ire protection; b) the abili
construction techniques which can reduce noise impacts 1 proposed and surrounding land uses.
The Local Facilities Management Plan for Zone 22 must 1 amended to accommodate the pro'ect. Impacts of the propost
terms of a) demands for water, reclaimed water, sew treatment capaci , gas and electric service, schools, polii
providing such services to respond to projected emand; and effect on City emergency response plans.
5.10Visual The proposed project will result in landform alterati
Aesthetics' associated with grading for project development, and t
Grading development of buildings on currently vacant lar Development of the site has the potential to result in visr impacts. CBA will prepare an analysis of visual aesthetic a grading impacts ublizing the a plicant prepared compu
modeling should this service be required. We have I included a 3-D modeling work effort 111 the project budget
this time.
CBA will assess visual impacts in terns of: a) landfo changes resulting fiom grading of the site; and b) fub buildin masses on site followin development. Specifical
Avenida Encinas, Lanakai Mobile Home Park, Lake Sh Gardens Mobile Home Park and Sea Pointe project will analyzed. Mitigation measures will be proposed for i identified visual impacts.
Increased runoff from additional impervious surfaces, alc with urban pollutants generated by the various land u proposed may impact area water courses in the Batiqui Lagoon and vernal pool adjacent to the project. CBA I utihze the hydrology study prepared by O'Day Consultants : groundwater quality information fiom the GEOCON repor prepare a water quality analysis which will provide the basis this section of the EIR. Impacts to water quality will described in terms oE a) adequacy of the proposed storm w management concept; b) on-site erosion potential, and general drainage characteristics, surface flow direction, quantities. Mitigation will generally be aimed at reduc runoff and implementing best management practices to red potential impacts.
As described in the CEQA Guidelines, CBA will prepari EIR that describes a ran e of reasonable alternahves to project which can feasib y attain the basic objectives of project, while focusing on alternatives capable of elimina any significant adverse environmental effects or reducing tl to a level of insignificance.
0
5.9 Public
Services and
Utilities
of agenci
modeled views. CBA has the abi P ity to prepare 3-D compu
views B om Interstate 5, Carlsba 6: Boulevard, Poinsettia La
5.7 7 Wafer
Qua/ijl/Hycfro/ogy
Section 6 P Alternatives
Ciry of Carlsbad Poinsetna Properties 5' ecijic Work Program 7 gografi
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CBA will examine up to four alternatives, including the "n pro ect" alternative, in the EIR. The specific description of 01 an d off-site alternatives will be based on discussion an agreement between the City and CBA. (Exhibits: Tab com aring environmental effects of alternatives, graph
alternatives to be selected, CBA assumes the inc usion of or off-site alternative, one on-site alternative evaluatin a land UI
changes in project design to reduce significant adveri
environmental impacts.
To allow decision makers to easily weigh the advantages a disadvantages of the alternatives compared to the propos' project, CBA will include a matrix comparing the relati impacts of each alternative and a narrative description of tl environmental advantages and disadvantages of ea alternative.
Senate Bill 749 (Thompson) has deleted the requirement that EIR must set forth the relationship between local short-tei uses of the environment and long-term productivity and a significant irreversible environmental chan es caused by t
cumulative impacts, growth-inducing impacts, unavoidat significant impacts, and areas of no significant impact.
lmpacts This section will identi@ the otential cumulative effe
by City staffand other agencies. All cumulative effects will discussed in this section to clearly separate the project effe from effects which are only significant when combined v effects of other rojects. Other known projects include development in oarlsbad and surrounding communities.
The potential for the project to induce growth in nearby ar through the extension of urban services will be identifi Indirect and direct impacts of employment generated by project will be estimated.
Based on analysis rovided in the EIR, areas of signific
P exhi E its of alternatives as appropriate) Amon the projel
variation of the project, and one on-site alternative f. ocusing c
Section 7
Analysis of
Long-Term
Effects
project. Therefore, long-term effects wi f 1 be focused
resulting fiom this project, and o ti! er known projects identifi
7.1 Cumulative
7.2 Growth-
lnducing
lmpacts
7.3 Unavoidable
Significant Environmental
Impacts
7.4 Areas of
No Significant
lmpact
Section 8
References
im act that cannot E e reduced to a less than significant le wi P 1 be identified.
Areas of no significant impact identified in the Initial St prepared by City staff and the EIR will be listed with a b jushfication for the finding.
This section will identie organizations, persons and documl consulted in preparation of the EIR. Firms and individ involved in the preparation of the document will also identified.
Ciry of Carlsbad Poinsettia Properties S ecijic Work Program 8 fiogran
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Appendices The Appendices will include a copy of the NOP, Responses < Comments on the Draft EIR and Comment Letters, and tl associated EIR technical reports.
A separate Mitigation Monitoring and Reporting Program w be repared with the Screencheck Draft, Draft and Final El an8 will include monitoring team qualifications, specif monitoring activities, a reporting system for evaluabng tl
Mifigafion
Monitoring and
Reporting
Program
SUCC~SS of mitigation measures,
Task 3. Draft EIR
The p Objective ose of this task is to pre are a Draft EIR, MMRP, a
Products Product D
City Comments on Screencheck Draft EIR to CBA Revised Screencheck Draft EIR, MMRP and
Notice of Completion, Pub IC Review Draft EIR, MMRP, and Ap endices to City for distribution
Appen 7! ices for distribution an B public review.
Au tR orization fiom City to rint draft documents A pendices to City (1 0 copies)
(50 copies ancfl reproducible master with 25 three-ring binders and 25 combound)
P
Subtasks
3.1 City
Review
The City will review the screencheck draft EIR and prep revisions in the form of a marked-up copy of the docum indicating all desired changes, correcbons and areas expansion, etc. CBA will prepare the Notice of Complel and forward to City for inclusion with distributed copies of public review Draft EIR.
CBA will incorporate City comments on the Screencheck a revised screencheck draft EIR for final City review. U completion of Ci review of the revised screencheck, the (
to pnnt the public review draft documents. The public rev Draft EIR will be printed and copies will be rovided to
agencies and parties.
Task 4. Response to Comments, Final EIR
The p~se of this task is to prepare responses to cornmen' the pub c and public agencies on the Draft EIR, and corn] the Final EIR mcorporating changes in response to corn received.
Product Draft EIR Comments to CBA Screencheck Final EIR and MMRP to City (10 copies)
3.2 Draft
Revisions
will provide any x1 al direction for changes and authorize C
City for distribution to a list of City/CBA i B entified pu
Objecfive
Products
Poinsettia Properties S ecifii Aogra, City of Carlsbad Work Program 9
L
1
0
City comments on Screencheck Final EIR to CBA Revised Screencheck Final EIR and MMRP to City (1 0
a
copies) 1
Authorization from City to print final documents Final EIR, MMRP and Appendices to City for 1 1
distribution (50 copies, 1 reproducible master, and 1 disk copy with 25 three-ring binders and 25 combound)
Our project budget includes an hours allowance for responl to comments and modifications to the Draft EIR that that are not hi 1 rJects controversial. If a large num er of comments are receive$, if comments raise new issues or require additional analysis 1 anticipated by the budget for preparation of the Draft EIR, t allowance is likely to be exceeded. Should this occur, costs completion of responses are considered additional services
CBA will prepare a screencheck Final EIR for review by ( staff prior to publication, and a Final EIR including following changes to the Draft EIR:
Revised cover page Revised table of contents Revised text of EIR incorporating changes Comments received and responses to comments on the Dr
As an optional task not presently included in the project bud CBA will prepare draft Findings of Fact ursuant to CE
and a drafl Statement of Overriding Considerations if requ for City Council action.
Task 6. Meetings and Hearings
The purpose of this task is to meet with City staff anc rovide ex ert testimony at meetings and public hear gefore the 8 ity Council (up to 11 meetings will be attendc
CBA staff will meet up to 7 times with City staff and c City-identified parties to initiate the project, conduct the PL scoping meeting, manage EIR preparation and resolve ish review staff comments on screencheck draft documents review.
The CBA Principal and Project Manager will pro resentations and expert testimony at up to four public hea gefore the Planning Commission and City Council.
CBA will maintain the following project schedule, subje
4.1 Responses
to Comments normally sufficient for
4.2 Final ElR
and MMRP
EIR
5.0 CEQA
Findings
and Statement
of Overriding
Considerations
and (Optional
Task)
Guidelines for significant environmental e ff ects of the proj
Objective
Subfasks
6.1 Meetings
6.2 Hearings
Project the time1 provision of information and response to
Schedule materids x y the City:
Poinsetna Properties S ecific CI~ Work of Program Carlsbad 10 Jogra
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.. Day 6: Draft Project Description
Day 1: Contract Initiation
Related Projects List
Final Pro ect Description Notice o Preparation for City distribution
Screencheck Draft EIR, MMRP and Appendices to City
City comments on Screencheck Draft EIR to CBA
Revised Screencheck Draft EIR, MMRP and Appendices to City
Authorization from City to print draft documents
Notice of Completion, Public Review Draft EIR, MMRP, and Appendices to City for distribution
Draft EIR Comments to CBA
Screencheck Final EIR and MMRP to City
City comments on Screencheck Final EIR to CBA
Revised Screencheck Final EIR and MMRP t City
Authorization from City to print final documents
Final EIR, MMRP and Appendices to City fc distribution
i! Day 14:
Day 42:
Day 63:
Day 76
Day 81
Day 85
Day 130
Day 144
Day 158
Day 172
Day 177
Day 182
City of Carlsbad Poinsettia Properties S ecific A Work Program 11 gogram
& * a
4
v
Poinsettia Properties Specific Plan
Budget
1.3 Project Description
1.4 Related Project,
2.1 Agcncycontsck
2.2 Scrunch& Draft EIR
4.1 RespocuatocOmmcnts
4.2 Final EIR and MMRP
Principal-inUmrgdProjcd Manager - John E. Bridges
Project Planner - Tim Gnibus
TechnicidGnphiu - Shawn S. Shamlou
e!!
c:\exceNiles\cbr-spa.xls