HomeMy WebLinkAboutGrand Pacific Resorts Inc; 2015-03-18;AGREEMENT BETWEEN CITY AND GRAND PACIFIC RESORTS. INC.
FOR PAYMENT OF EIR CONSULTANT
EIR 15-02
THIS AGREEMENT is made this |<if^ day of March, 2015, between the CITY
OF CARLSBAD, a municipal corporation ofthe State of California, hereinafter referred to as CITY,
and Grand Pacific Resorts, Inc. hereinafter referred to as "APPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for approval of a
proposed project identified as EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-
01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06A/ 14-03-WESTIN HOTEL AND
TIMESHARE 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 ofthe covenants and conditions, it is agreed
as follows:
1. The CITY will engage the firm of RECON Environmental, Inc. 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 1 and made a part of this agreement.
2. It is understood that the CONTRACTOR services shall conform to the
WESTIN HOTEL AND TIMESHARE SCOPE OF WORK attached as Attachment 2 and made a
part of this agreement, and may require:
a) Field exploration;
b) Weekly communication with the City staff;
1 Rev. 01/31/2013
c) Written reports; and
d) Such other work necessary to properly evaluate the proposed
project as directed by the City Planner.
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 and product. Such cost shall be based on the hourly rates, estimated
total labor hours, and estimated printing costs set forth in Cost Estimate Westin Hotel and
Timeshare EIR (Attachment 3). The APPLICANT has advanced the sum of $ 235,706.00 as
payment on account for the actual cost of the CONTRACTOR'S 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 actuai 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 CONTRACTOR shall be an independent contractor
ofthe CITY and CITY shall not be liable for any negligent acts or omissions ofthe CONTRACTOR.
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 CONTRACTOR'S responsibility will be solely to the
CITY, and that the CONTRACTOR'S accountability will be solely to the CITY, and not the
APPLICANT, who is not an intended beneficiary ofthe CITY's agreement with the CONTRACTOR
2 Rev. 01/31/2013
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
Executed by APPLICANT this day of March, 2015.
APPLICANT: Grand Pacific Resorts, Inc.
GnvYV^ (kt(v. (Ufirk Xl<
(Name of Applicant)
(sign here)
(print name here/title)
By^
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Gity Manager or Mayor C.j'^y Pl<\y^»neJ^
Don Neu
ATTEST:
BARBARA ENGLESON, CMOerk
(print name here/title)
(Propernotariai acknowledgment of execution by Contractor must be attactied.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otiierwise, tfie corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the officer(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:
CELIA A. BREWER, City Attorney
By:
istant City Attorney
Rev. 01/31/2013
forthe processing and monitoring ofthe Environmental Impact Report.
7. 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.
8. 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 ifthe City's approval is not validated.
Rev. 01/31/2013
Ackno-wledgement
State of California
County of San Diego
On March 18. 2015. before me, Diane Marie Proulx. Notary PubHc. personally appeared Timothy J.
Stripe, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacityfies), and that by his/her/their signature^ on the
instrument the person^, or the entity upon behalf of which the person{s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESSSny4THiT#i*«4,official seal.
Signature. (Seal)
DIANE MARIE PROULX
Commission # 2070722 |
Notary Public - California ^
San Diego County |
My Comm. Expires Jun 7.20181
EXHIBIT A
A
RESOLUTIONS
[Attached]
UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS
OF
GRAND PACIFIC RESORTS, INC.,
a Califomia corporation
We, the undersigned, being all the members of the Board of Directors of GRAND PACIFIC
RESORTS, INC., a California corporation ("Corporation"), by our signatures below or on a counterpart
hereof, hereby adopt the following resolutions and consent to their adoption:
WHEREAS, the Corporation filed with the City of Carlsbad ("City) a request for approval of a
proposed project commonly referenced as Westin Hotel and Timeshare ("Project") requiring an
Environmental Impact Report;
WHEREAS, the City will engage the firm of RECON Environmental, Inc. and has presented
the Corporation with an Agreement Between City and Grand Pacific Resorts, Inc. for payment of EIR
Consultant EIR 15-02 ("Payment Agreement"), a copy of which is attached hereto as Exhibit A, and
incorporated herein by this reference;
WHEREAS, the Corporation desires to execute the Payment Agreement as presented.
NOW THEREFORE BE IT RESOLVED, each Co-President of the Corporation (i.e.
DAVID S. BROWN or TIMOTHY J. STRIPE), jointly or acting alone, is directed and authorized to execute,
acknowledge and deliver, on behalf of the Corporation the Payment Agreement and any documents as
may be necessary or desirable in connection with the Project, on such terms as such Co-President deems
advisable, proper or necessary; and it is
RESOLVED, any such execution and delivery by such Co-President will be conclusive evidence of
it deeming such document reasonable and necessary for the benefit and in the best interest of the
Corporation; and it is
RESOLVED, any actions taken by either Co-President prior to the date of the foregoing
resolutions adopted hereby that are within the authority conferred thereby are hereby ratified, confirmed
and approved as the acts and deeds of the Corporation; and it is
This unanimous written consent is executed pursuant to subdivision (b) of Section 307 of the
Califomia Corporations Code and is to be filed with the Minutes of the Board proceedings.
Dated: March 18, 2015 DIRECTORS
DAVID S. BROWN
TIMOTHY J
GRAND PACIFIC RESORTS, INC. PAGE 1
UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS
CERTIFICATE
OF
GRAND PACIFIC RESORTS, INC.,
a California corporation
The undersigned, DAVID S. BROWN, being a Co-President and the Secretary of GRAND
PACIFIC RESORTS, INC., a California corporation hereby certifies as follows:
1. Attached hereto as Exhibit A is a true, correct and complete copy of the
Corporation's resolutions dated March 18, 2015 (the "Resolutions"), which Resolutions have not
been amended or revoked and are in fiill force and effect.
5. The persons designated on Exhibit B have been duly authorized to act by or on
behalf of the Corporation with respect to the execution and delivery of (a) the Payment Agreement
(as defined in the Resolutions) and (b) any other docviment or instrument necessary to consummate
the Project application, and set forth on Exhibit B opposite their names are the genuine signatures
of such persons.
IN WITNESS WHEREOF, the undersigned has executed tiiis Certificate on March 18,
2015.
GRAND PACIFIC RESORTS, INC.,
a California corporation
By:
DAVID S. BROWN, Co-President and Secretary
EXHIBIT B
INCUMBENCY
NAME
DAVID S. BROWN
TiMOTHYj. STRIPE
TITLE
Co-President
Co-President
SIGNATURE
ATTACHMENT 1
NOT TO SCALE
SITEMAP
Westin Hotel and Timeshare
GPA 14-03 / ZC 14-02 / LCPA 14-03 /
CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 /
CDP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02
ATTACHMENT 2
WESTIN HOTEL AND TIMESHARE
SCOPE OF WORK
ENVIRONMENTAL IMPACT REPORT
BACKGROUND
The City of Carlsbad has a population of approximately 104,000. The City is located along the
northern coast of San Diego County thirty miles north of downtown San Diego. It is bordered to
the north by the City of Oceanside, to the south by the City of Encinitas and to the east by the
cities of Vista and San Marcos. Carlsbad has a combination of industrial, commercial and
residential development, including a large regional shopping center, an auto-retail center, a
large industrial park area, the LEGOLAND California Educational/Recreational Park, and a
regional airport. The City contains three lagoons, limited agricultural areas and large tracts of
preserved open space. The total area of the City of Carlsbad is approximately 40 square miles.
PROJECT LOCATION & DESCRIPTION
Location
The project site is generally located north of Palomar Airport Road, south of Cannon Road, east
of Legoland Drive, and west of The Crossings golf course at the northwest terminus of the cul-
de-sac of The Crossings Drive. The site is vacant with the exception of a city-owned water tank
and related utility lines.
Summarv Proiect Description:
The project includes a General Plan Amendment, Zone Change and Local Coastal Program
Amendment to change the property land use designations of Unplanned Area (UA), Planned
Industrial (PM), and Office (O) to Travel Recreation Commercial (TR) and to change the
property Zoning from Exclusive Agriculture (EA), Planned Industrial (PM), and Office (O) to
Commercial Tourist with a Qualified Overlay (C-T-Q). Development of the project also includes
the removal of an existing municipal 1,500,000 gallon water tank, grading of the property
resulting in an export of approximately 14,610 cubic yards, and the subsequent development of
a four-story, 81,200 square foot 71 room hotel building, and a four-story 62,680 square foot 36
unit plus 16 lock-off unit timeshare building including an underground garage. A range of
project alternatives will need to be provided.
Proiect Setting:
The site consists of two parcels: Assessor's Parcel Number (APN) 211-023-07 is approximately
.45 acres in size. The parcel, owned by the Carlsbad Municipal Water District, contains an
existing water tank. Assessor's Parcel Number (APN) 212-271-02 is approximately 2.69 acres
in size. The parcel, owned by the City of Cartsbad, has been graded per a previous approval
and therefor consists of a pre-graded pad and manufactured slopes. Utility lines and
easements associated with the water tank cross the developed pad. The project includes a
boundary adjustment by means of an easement resulting in a combined site area of 3.66 acres.
GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CD 14-29/HDP
14-06A/ 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE
February 5, 2015
Page 2
The properties are located at the northwestern terminus of Crossings Drive. Vehicular access
to the site is only available from The Crossings Drive. City of Cartsbad owned open space that
is part of The Crossings golf course is to the north, Mar Brisa Resort timeshares is to the south,
City of Cartsbad owned open space and The Crossings golf course is to the east, and the
Sheraton Carisbad Resort lobby and conference building is to the west. The site is surrounded
on the west, south, and east sides by existing development. The remaining north side, at the
toe of the manufactured slope, it is adjacent to an existing Hardline Preserve per the City of
Carisbad Habitat Management Program.
The overall site has been pre-disturbed through grading and also the construction of the
existing water tank and its associated utility lines. The site would be prepared for the hotel and
timeshare development through demolition/removal of the water tank and utility lines, and
related onsite grading for building pads, parking, landscaping and related facilities. The site is
not located within a hardline preserve area of the city's Habitat Management Plan.
Land Use Designations Overview:
Development of the properties with hotel and timeshare rooms require a change to the existing
designations of the General Plan Land Use Element and the Cartsbad Municipal Code Zoning
Ordinance. The existing land use designations and zoning as well as the project proposed
changes to land use and zoning are summarized in Table A below. The project site is within
the Coastal Zone of the City of Cartsbad which affects the necessary permits outlined in the
required entitlements section below:
Table A
Existing and Proposed Land Use Designations and Zoning
APN Existing General
Plan
Proposed General
Plan
Existing Zoning Proposed Zoning
211-023-07 Unplanned Area
(UA)
Travel/Recreation
Commercial (T/R)
Exclusive
Agriculture (EA)
Commercial
Tourist with
Qualified Overtay
Zone (C-T-Q)
212-271-02 Planned
Industrial/Office
(Pl/O)
Travel/Recreation
Commercial (T/R)
Planned
Industrial/Office
(PM/O)
Commercial
Tourist with
Qualified Overtay
Zone (C-T-Q)
GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CD 14-29/HDP
14-06A/ 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE
February 5, 2015
Page 3
Required Entitlements:
Project Components:
The proposed hotel and timeshare development consists of the following components:
• 71 room hotel building: 45 feet tall with four habitable levels
• Hotel square footage: 81,200 square feet (SF) includes a basement of 3,000 SF.
• Hotel parking: 40 outdoor spaces at grade; 86 spaces required and the remainder to be
shared parking with adjacent Sheraton Cartsbad and Mar Brisa resorts.
• Onsite hotel amenities include a swimming pool, spa, and deck area.
• Timeshare structure with 36 timeshare units plus 16 lock-off units @ 47.5 feet tall with
three habitable levels over a partially subterranean parking basement/garage with 40
spaces; 44 parking spaces required and the remainder to be shared with the adjacent
Sheraton Carisbad and Mar Brisa resorts.
• Timeshare structure square footage: 62,680 SF includes a basement of 22,430 SF.
• Onsite amenity is a passive outdoor garden with hardscape and overhead structures.
The project is depicted on a 39-sheet exhibit package dated January 23, 2015, incorporated
here by reference.
COVERAGE OF THE EIR
The EIR will cover/analyze all of the associated legislative and discretionary actions which will
be under consideration by the Planning Commission and City Council. The following actions are
required:
LEGISLATIVE:
1. General Plan Amendment (GPA 14-03) is necessary to change the proposed General
Plan land use designations as outlined above in Table A.
2. Zone Change (ZC 14-02) is necessary to change the proposed zoning designations as
outlined above in Table A.
3. Local Coastal Program Amendment (LCPA 14-03) is necessary to bring the Land Use
and Zoning sections of the Local Coastal Program into conformance with the City
General Plan Land Use map and Zoning Ordinance.
DISCRETIONARY:
4. Tentative Tract Map (CT 14-08) is necessary to reconfigure the lot lines of the existing
parcels and to subdivide the airspace ownership of the timeshare building (C.M.C Title
20).
5. Non-Residential Planned Unit Development (PUD 15-01) is necessary for the
subdivision of airspace timeshare units (C.M.C. Chapter 21.47).
6. Conditional Use Permit (CUP 15-03) is required pursuant to the Commercial Tourist (C-
T) zone (C.M.C. Chapter 21.42) for approval of timeshare uses.
GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CD 14-29/HDP
14-06A/ 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE
February 5, 2015
Page 4
7. Site Development Plan (SDP 14-11) is required for development within the Qualified
Overiay (Q) Zone (C.M.C. Chapter 21.06).
8. Coastal Development Permit (CDP 14-29) is necessary for all development within the
Coastal Zone (C.M.C Chapter 21.201).
9. Hillside Development Permit (HDP 14-06) is required for the development of "hillside
slopes" as defined pursuant to the Hillside Development Ordinance (C.M.C. Chapter
21.95).
10. Variance (V 14-03) is requested for the approval of development that does not comply
with development standards of the Zoning Ordinance (C.M.C. Title 21). The Variance is
requested for three development components: (1) the CT zone allows a maximum
habitable building height of 45 feet and three levels; the project is proposing to comply
with the 45 foot height maximum but is requesting a variance to allow for four levels of
commercial tourist development for both the resort and timeshare structures; (2) the CT
zone requires a ten foot building setback from property lines for buildings that are 45
feet in height; the project is designed with two foot setbacks to property line; and (3) the
CT zone has a maximum habitable building height of 45 feet with an allowance of 55
feet for architectural features; the project is designed with a 75 foot elevator tower.
11. Specific Plan Amendment (SP 207(K)) may be an alternative to a request for a Variance
if the required findings to support and approve a Variance cannot be made.
Additional Actions/Permits:
• Grading Permit/Public Improvement Plans
• Building Permit
TOPICS OF DISCUSSION IN THE EIR WILL INCLUDE:
Aesthetics/Grading
Agriculture
Air Quality
Biological Resources
Cultural /Paleontological Resources
Geology/Soils
Greenhouse Gas Emissions
Hazards/Hazardous Materials
Hydrology/Water Quality
Land Use Planning
Noise
Public Services
Transportation/Circulation
Utilities and Service Systems
Mandatory Findings of Significance
GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CD 14-29/HDP
14-06A/ 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE
February 5, 2015
Page 5
AVAILABLE INFORMATION
The following studies and pertinent information are available for review and use in the
preparation of this Environmental Impact Report.
Site-Specific Reports/Letters/Exhibits
1. Geotechnical Investigation, Lot 9 and CMWD Water Tank Site, MTGL Inc. dated
October 20, 2014
2. Drainage Study, Lot 9 Development, Excel Engineering, dated January 22, 2015
3. Phase 1 Environmental Site Assessment, Assessor's Parcel Numbers 211-023-07 and
212-271-02, SCS Engineers, September 22, 2014
4. Biological Resources Study, Brian Smith & Associates **
5. Cultural Resources Study, Brian Smith & Associates **
6. Traffic Study, LLG **
7. Greenhouse Gas & Air Quality Study, Rincon Consultants, Inc.**
** Reports 4-7 are being prepared and will be provided prior to executing a Consultant
Agreement.
The selected Consultant will be tasked with reviewing these technical documents and should
include a contingency cost that will cost a review of these documents.
General studies/reports:
1. Local Facilities Management Plan Zone 8. dated March 23, 1999.
2. Citv of Cartsbad General Plan, adopted by Carisbad City Council September 6, 1994,
and General Plan Land Use Map.
3. Citv of Carisbad Zoning Ordinance. (Title 21 of the Carisbad Municipal Code) and
Zoning Map.
4. Citv of Carisbad Environmental Protection Procedures, (Title 19 of Cartsbad Municipal
Code).
5. Citv of Cartsbad Landscape Manual, adopted by City Council on November 13, 1990.
6. Citvwide Trails Program Report, City of Carlsbad, June 2001.
7. Citv of Cartsbad Cultural Resource Guidelines, prepared by RECON, dated December
1990.
8. 2014 Traffic Monitoring Program, prepared by RBF, dated November 18, 2014.
GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CD 14-29/HDP
14-06A/ 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE
February 5, 2015
Page 6
9. Habitat Management Plan for Natural Communities in the Citv of Carlsbad dated
November 2004.
10. Open Space and Conservation Resource Management Plan. City of Carisbad, dated
June 1992.
11. San Diego Countv Important Farmland 2000. California Department of Conservation,
dated September 2002.
12. McClellan-Palomar Airport Land Use Compatibility Plan, prepared by San Diego
Regional Airport Authority, dated March 4, 2010.
SCOPE OF CONSULTANT SERVICES
The consultant shall prepare an Environmental Impact Report for the Westin Hotel and
Timeshare project and related applications which are 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 accuracy and completeness of all
information contained in the Final Draft EIR. If the Consultant does not wish to accept
responsibility for the information contained in the technical studies, the Consultant shall
provide to the City statements signed by the appropriate technical consultant accepting
responsibility for the accuracy and completeness of any studies/reports prepared by that
technical consultant. These signed statements of responsibility 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) 1*' screen check hardcopies of the Draft EIR documents for city staff
review that will be consistent with CEQA and the Carisbad Environmental Protection
Ordinance (Title 19 of the Carisbad Municipal Code) within eight (8) weeks from
entering into agreement with the City.
4. Provide five (5) 2""^ screen check hardcopies of the revised Draft EIR documents
including appendices and exhibits, which incorporate staff's written recommendations
and revisions to the 1^* screen check Draft EIR, and a first draft of a Mitigation
Monitoring and Reporting Program and Candidate Findings of Fact within two (2) weeks
from receiving 1^' screen check comments from the City.
GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CD 14-29/HDP
14-06A/ 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE
February 5, 2015
Page 7
5. Within two (2) weeks from receiving 2"'' screen check comments and City approval of
the Draft EIR documents, provide 15 copies of the City-approved Draft EIR that must be
submitted to the State Clearing House. The 15 copies may be in hardcopy or electronic
format (CD/DVD). If submitting in electronic format, 15 hardcopies of the Draft EIR
summary or executive summary must accompany the 15 CDs. Each of the 15 copies of
the Draft EIR should be collated with supporting documents, technical appendices,
and/or CDs. Lead Agencies are encouraged to submit one copy of the Draft EIR in
electronic format when submitting 15 hardcopies (CEQA Guidelines Section 15205(a)).
6. In addition, within two (2) weeks from receiving 2"^^ screen check comments and City
approval of the Draft EIR documents, provide ten (10) spiral-bound copies and twenty-
five (25) digital CD copies of the City-approved Draft EIR and ten (10) hard copies and
ten (10) digital CD copies of the technical appendices, and one digital CD copy of all
documents in a format that can be easily posted (i.e. broken down into chapters and
bookmarked) to the City's website.
7. After the close of the 45-day public review period, respond to all comments made during
the Draft EIR public review period. Provide five (5) 1^' screen check hardcopies of the
responses to comments and any amendments to EIR documents deemed necessary in
response to public comments within four (4) weeks after the close of the public review
period.
8. Within two (2) weeks of receiving the written comments from City Staff on the 1*' screen
check copies of the responses to comments and any amendments to EIR documents
provide five (5) 2""^ screen check hardcopies of the responses to comments and any
amendments to EIR documents.
9. Within two (2) weeks from receiving 2""^ screen check comments and City approval of
the Final EIR documents, provide twenty-five (25) spiral-bound copies, twenty-five (25)
digital CD copies, and one (1) un-bound reproducible copy of the Final EIR, fifteen (15)
hardcopies and fifteen (15) digital CD copies of any amended technical appendices, one
(1) digital CD copy of the Findings of Fact, one (1) digital CD copy of the Mitigation
Monitoring and Reporting Program, and one digital CD copy of all documents in a format
that can be easily posted (i.e. broken down into chapters and bookmarked) to the City's
website.
10. Within two (2) weeks after final action on the EIR documents by the approving City
body, provide five (5) spiral bound copies of the Final EIR with technical appendices,
exhibits. Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement
of Overriding Considerations (if needed and directed by the City) including one (1)
Master CD from which copies can be made which incorporate any changes made to the
Final EIR documents during the public hearing and certification process public hearing.
11. Attend up to nine (9) meetings with City staff regarding the preparation of the EIR
documents and three (3) public hearings with presentations as necessary and as
determined by the City staff.
GPA 14-03/ZC 14-02/LCPA 14-03/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CD 14-29/HDP
14-06A/ 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE
February 5, 2015
Page 8
12. The EIR shall meet all of the requirements set forth in the California Environmental
Quality Act (Public Resources Code 21000 et seq.) and the State CEQA guidelines
(California Code of Regulations, section 15000 et seq.). In addition, as part of the
proposal, provide a detailed Work Program to comprehensively address and analyze the
scope of issues identified and described below.
13. The City has designated this project as a high-priority project and time is of the essence.
The Consultant shall provide a detailed timeline of the EIR process to demonstrate that
all possible efficiencies are taken into consideration throughout.
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.
SCOPE OF ISSUES
The EIR shall comprehensively address and analyze the scope of issues identified and
described below or in the attached Initial Study. Other issues to make the EIR a complete
document in compliance with CEQA and the State CEQA Guidelines should also be addressed.
All technical studies related to the project shall undergo review by the selected consultant for
the purpose of providing the EIR document consistent with CEQA and city oversight.
AESTHETICS
The proposed grading and conversion of the existing vacant site and water tank needs to be
assessed for aesthetics. The visual context of the site will change after demolition of the water
tank and development of the resort. The site enjoys scenic vistas given its location and
topographical elevation and is therefore also highly visible from several vantage points
surrounding the property. The grading concept is depicted on the project exhibits and grading
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quantities and cut/fill amounts will be regulated by the city's Hillside Development Permit and
corresponding permit, HDP 14-06.
Tasks:
1. The consultant shall prepare visual simulations of the proposed project. The visual
simulations should include 1) existing conditions, 2) the proposed graded pads, and 3)
the graded pads with the proposed maximum building heights and mass depicted.
2. The consultant shall describe the existing visual setting of the site including public and
private viewsheds, elevations and topography.
3. The changes to the visual setting, appropriateness of the quantity of grading as well as
the grading design shall be analyzed based on conformance with the General Plan and
City's Hillside Development Ordinance to determine if the project would result in a
significant negative visual impact.
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.
AGRICULTURE
No agricultural activities or resources exist onsite. In addition, the subject properties are not
required to participate in the city's agricultural conversion mitigation fee program whereby
designated sites pay a per-acre fee prior to grading permit issuance based on historic
agricultural use onsite.
Tasks
1. Assess site soils for agricultural potential recognizing no agriculture use exists onsite.
AIR QUALITY
Project Background
The project will generate short-term construction and long-term operational greenhouse gas
emissions. A study is being prepared by Rincon Consultants, Inc. and will be available for the
analysis of this environmental issue and will be used to review and assess any air quality
impacts, and related mitigation measures if necessary.
Tasks:
1. The consultant shall review the study prepared by Rincon Consultants, Inc.
2. The consultant shall evaluate the methodologies and conclusions contained in the report
for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale
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and level of effort appropriate to the requirements of the project. The consultant shall
identify any flaws in the methodologies and/or conclusions and, if no flaws are found,
shall incorporate the findings of the review, including the mitigation measures, into the
text of the EIR. If inconsistencies/flaws are identified, the EIR consultant shall work with
the consultant who prepared the study to revise the analysis/conclusions as appropriate
3. 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;
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.
4. Air quality impacts shall be analyzed in regard to the following:
a) Project emissions from vehicular and stationary sources;
b) Grading and Construction; and
c) Compliance with federal and state standards as well as regional air quality
attainment plans.
5. The consultant shall complete an Air Quality Site Assessment of the project and
incorporate the findings of the review into the text of the EIR.
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.
BIOLOGICAL RESOURCES
Proiect Background
A study prepared by Brian F. Smith & Associates, Inc. will be available for this environmental
issue and will be used to review and assess any biological resource impacts, and related
mitigafion measures if necessary.
Tasks:
1. The consultant shall review the study prepared by Brian F. Smith and Associates, Inc.
2. The consultant shall evaluate the methodologies and conclusions contained in the report
for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale
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and level of effort appropriate to the requirements of the project. The consultant shall
identify any flaws in the methodologies and/or conclusions and, if no flaws are found,
shall incorporate the findings of the review, including the mitigation measures, into the
text of the EIR. If inconsistencies/flaws are identified, the EIR consultant shall work with
the consultant who prepared the study to revise the analysis/conclusions as appropriate
3. The consultant shall describe the biological setfing.
4. The Consultant shall evaluate the project for consistency with the Carlsbad HMP.
5. The consultant shall identify any additional impacts to open space and habitat areas
resulting from the project.
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 implementafion of the recommended mitigafion measures.
CULTURAL RESOURCES
Proiect Background
The site is a known location of cultural resources. A technical study is being prepared by Brian
F. Smith & Associates, Inc. in accordance with the requirements of the "City of Carisbad
Cultural Resource Guidelines" dated December 1990, to review and assess any project impacts
to archeological, paleontological and historical resources, and recommend mitigation measures
if necessary for this environmental issue. The study will be available for the analysis of this
environmental issue and will be used to review and assess impacts and related mitigation
measures if necessary.
Tasks:
1. The consultant shall review the cultural resources study prepared by Brian F. Smith and
Associates, Inc.
2. The consultant shall evaluate the methodologies and conclusions contained in the report
for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale
and level of effort appropriate to the requirements of the project. The consultant shall
identify any flaws in the methodologies and/or conclusions and, if no flaws are found,
shall incorporate the findings of the review, including the mitigafion measures, into the
text of the EIR. If inconsistencies/flaws are identified, the EIR consultant shall work with
the consultant who prepared the study to revise the analysis/conclusions as appropriate
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 implementafion of the recommended mitigation measures.
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GEOLOGY/SOILS
Proiect Background
The site's soils and underiying geology has been assessed and described in a study prepared
by MTGL, Inc. for this environmental issue.
Tasks:
1. The consultant shall review the Geotechnical Investigation, Lot 9 and CMWD Water
Tank Site, prepared by MTGL Inc. dated October 20, 2014.
2. The consultant shall describe the geological setting, including existing soil and geologic
conditions. The consultant shall evaluate the analysis and conclusions contained in the
reports 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, liquefacfion, 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. If inconsistencies/flaws are
identified, the EIR consultant shall work with the consultant who prepared the study to
revise the analysis/conclusions as appropriate.
3. The consultant shall ensure that all required mifigafion measures identified in the
Geotechnical Investigation are included in the EIR.
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 mitigafion measures.
GREENHOUSE GAS EMISSIONS
Proiect Background
The project will generate short-term construction and long-term operational greenhouse gas
emissions. A study is being prepared by Rincon Consultants, Inc. and will be available for the
analysis of this environmental issue and will be used to review and assess any Greenhouse
Gas Emissions impacts, and related mifigafion measures if necessary.
Tasks:
1. The consultant shall review the Greenhouse Gas Emissions study prepared by Rincon
Consultants, Inc.
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2. The consultant shall evaluate the methodologies and conclusions contained in the report
for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale
and level of effort appropriate to the requirements of the project. The consultant shall
identify any flaws in the methodologies and/or conclusions and, if no flaws are found,
shall incorporate the findings of the review, including the mitigation measures, into the
text of the EIR. If inconsistencies/fiaws are identified, the EIR consultant shall work with
the consultant who prepared the study to revise the analysis/conclusions as appropriate
3. The consultant shall prepare a general summary of the State's current policy and view
of the science addressing global warming and greenhouse gas emissions. The
consultant shall utilize the Governor's Office of Planning and Research CEQA
Guidelines, Secfion 15064.4, "Determining the Significance of Impacts from
Greenhouse Gas Emissions," (effective March 31, 2010) as a guide forthe analysis.
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 implementafion of the recommended mitigafion measures.
HAZARDS/HAZARDOUS MATERIALS
Project Background
3. The project is a typical resort and timeshare project that does not generate, use,
transport or store significant hazardous materials. Phase 1 Environmental Site
Assessment, Assessor's Parcel Numbers 211-023-07 and 212-271-02, prepared by
SCS Engineer and will be used to review and assess any hazardous materials impacts,
and related mitigation measures if necessary.
Tasks:
1. The consultant shall review the Phase I report.
2. The consultant shall evaluate the methodologies and conclusions contained in the report
for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale
and level of effort appropriate to the requirements of the project. The consultant shall
identify any fiaws in the methodologies and/or conclusions and, if no fiaws are found,
shall incorporate the findings of the review, including the mitigation measures, into the
text of the EIR. If inconsistencies/fiaws are identified, the EIR consultant shall work with
the consultant who prepared the study to revise the analysis/conclusions as appropriate.
3. 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.
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
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project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementafion of the recommended mitigafion measures.
HYDROLOGY/WATER QUALITY
Proiect Background
A technical study. Drainage Study, Lot 9 Development, Excel Engineering, dated January 22,
2015 was prepared for this environmental issue and will be used to review and assess any
hydrological resource and/or water quality impacts, and related mitigation measures if
necessary. Compliance with all applicable regional and State regulations will be part ofthe EIR
effort.
Tasks:
1. The consultant shall perform a third-party review of Drainage Study, Lot 9 Development,
Excel Engineering, dated January 22, 2015.
2. The consultant shall evaluate the methodologies and conclusions contained in the report
for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale
and level of effort appropriate to the requirements of the project. The consultant shall
identify any fiaws in the methodologies and/or conclusions and, if no fiaws are found,
shall incorporate the findings of the review, including the mitigation measures, into the
text of the EIR. If inconsistencies/fiaws are identified, the EIR consultant shall work with
the consultant who prepared the study to revise the analysis/conclusions as appropriate.
3. Using available data, the consultant shall describe the hydrological setting (existing
hydrological conditions) of the site and general drainage characterisfics.
4. The consultant shall review the Hydraulic Analysis, Drainage Study and Storm Water
Management Plans to ensure that all requirements of the latest City of Cartsbad's
Drainage Master Plan are safisfied.
5. The consultant shall evaluate the proposed drainage systems adequacy in regulafing
the discharge volumes and rates of drainage from the project site as it relates between
pre and post-development conditions.
6. The consultant shall, based on a review of the Minor Subdivision, site plans, and Storm
Water Quality Report, verify if sufficient Low Impact Design features have been
incorporated into the project, to the maximum extent practicable, to ensure the post-
development scenario mimics the hydraulic characteristics of the project as compared to
pre-development conditions.
7. The consultant shall evaluate all available fioodplain mapping and source documents to
determine the boundaries of the fioodplain 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.
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8. The consultant shall evaluate the degree to which the project will alter existing drainage
patterns to determine if a significant impact will be created.
9. The consultant shall address and recommend appropriate mitigation measures to
reduce erosion potential onsite.
10. The consultant shall analyze and evaluate the potential impacts to Agua Hedionda and
Encinas Creeks, Agua Hedionda Lagoon and/or Pacific Ocean and ensure that this
project identifies all pollutants of concern, beneficial uses of the Agua Hedionda and
Encinas Creeks, Agua Hedionda Lagoon, and/or Pacific Ocean, and the BMP measures
required to address them.
11. The consultant shall evaluate the proposed project for National Pollutant Discharge
Eliminafion System permit compliance.
12. The consultant shall ensure that maintenance of any permanent detenfion/pollution
control basins is included in the EIR.
13. The consultant shall identify maintenance requirements ofthe structural BMP measures
being implemented with this project.
14. The consultant shall evaluate the proposed project for impacts to wetlands.
15. The consultant shall ensure that all required mifigafion measures identified in the
Hydraulic Analysis, Drainage Study, and Storm Water Management Plans are included
in the EIR.
16. 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 mitigafion measures.
LAND USE PLANNING
Project Background
The project includes land use designation changes to General Plan Land Use designafions,
zoning, and Local Coastal Program land use and zoning. The Local Coastal Program land use
changes need final approval by the Coastal Commission via the Local Coastal Program
Amendment (LCPA 14-03).
Tasks:
1. The consultant shall describe the land use setfing of the project. This will include a
discussion of any inconsistencies between the proposed project and the City's adopted
General Plan and Zoning Code, habitat plan and regional plans.
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2. The consultant shall analyze the land use compatibility between the proposed project
and surrounding exisfing and proposed development (i.e. increase in density, height,
light/glare, etc.).
3. The consultant shall examine the exisfing physical condifions as well as the potential
future conditions and shall perform a detailed land use analysis on the appropriateness
and timing of the proposed use.
4. 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 Carisbad General Plan, 2) the Carisbad Habitat Management Plan, 3) the
Carisbad Environmental Protection Procedures (Title 19), 4) the Carisbad Subdivision
regulations (Tifie 20), 5) the Carisbad Zoning Ordinance (Title 21) including the Growth
Management, Inclusionary Housing, Hillside Development Regulafions, Environmental
Protecfion, and Flood Plain Development Regulafions, 6) the McClellan Palomar Airport
Comprehensive Land Use Plan, 7) Landscape Manual, and 8) the Open Space and
Conservafion Resource Management Plan.
5. The consultant shall identify the criteria used to determine significance; identify any
significant and less than significant, direct and indirect, impacts resulfing from the
project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigafion measures.
NOISE
Project Background
The project does not propose the generation of any significant noise sources given the proposal
for a typical resort development. The project site is within close proximity of the 1-5 corridor and
McClellan-Palomar Airport and may be impacted by those noise sources.
Tasks:
1. The consultant shall perform an acoustical analysis of the project and shall incorporate
the findings of the reports/assessments into the text of the EIR.
2. The Noise Element of the General Plan and City of Carisbad Noise Guidelines Manual
shall be consulted to assure proposed mitigation measures do not conflict with adopted
policies and guidelines.
3. The 2010 Airport Land Use Compafibility Plan for McClellan-Palomar Airport shall be
reviewed to determine whether the identified noise levels and proposed land uses will be
compafible and what additional requirements of the airport plan shall be imposed in the
project. Revisions are currently proposed to the plan and should be considered in the
analysis.
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
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project; recommend appropriate mitigation measures as may be required; and, identify
any impacts remaining after implementation of the recommended mitigation measures.
PUBLIC SERVICES / UTILITIES AND SERVICE SYSTEMS
Project Background
The project is located within the Zone 8 Local Facilities Management Plan (LFMP) per the city's
Growth Management Plan. It has been determined that an amendment to the Zone 8 LFMP is
not necessary for this project, however, the EIR will assess the ability for all necessary public
services, utilities and service systems to be provided for the development and operation of the
project.
Tasks:
1. The consultant shall evaluate the adequacy of public facilifies, utilities, and service
systems for the project. The consultant shall describe the project setting and determine
the demands of the entire project for the following: a) fire protection; b) police protection;
c) schools; d) parks; and e) other public facilities (government offices, etc.).
2. The consultant shall determine the ability of the agencies providing the services in item
number 1 above to meet the demands of the proposed project in order to conclude
whether a significant impact will be created. The consultant shall evaluate if sufficient
public utilities are provided for the intensity of development proposed to ensure that the
adequacy of the City's public facility plan for Zone 8 will not be adversely impacted.
3. The emergency response plans of the City of Cartsbad shall be analyzed in conjunction
with the proposed project to determine if the project will interfere with existing plans.
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 implementafion of the recommended mifigafion measures
TRANSPORTATION/CIRCULATION
Project Background
The proposed project will generate traffic which will distributed on varying roadways
surrounding the project site. A study is being prepared by Linscott, Law, and Greenspan (LLG)
and will be available for the analysis of this environmental issue and will be used to review and
assess any transportation/circulation impacts, and related mitigation measures if necessary.
Tasks:
1. The consultant shall review the LLG traffic impacts report.
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2. The consultant shall evaluate the methodologies and conclusions contained in the report
for legal and scientific adequacy and accuracy to ensure that the analyses are of a scale
and level of effort appropriate to the requirements of the project. The consultant shall
identify any fiaws in the methodologies and/or conclusions and, if no fiaws are found,
shall incorporate the findings of the review, including the mitigation measures, into the
text of the EIR. If inconsistencies/flaws are identified, the EIR consultant shall work with
the consultant who prepared the study to revise the analysis/conclusions as appropriate.
MANDATORY FINDINGS OF SIGNIFICANCE
As required by and consistent with CEQA, the EIR shall address all mandatory findings of
significance.
CUMULATIVE IMPACTS
Tasks:
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
Tasks:
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 mitigafion 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 lisfing of the environmental advantages and
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disadvantages of each alternative. City Staff and the consultant will agree on the alternatives to
be included. The alternatives shall include, but not necessarily be limited to, the following:
1- Proiect Alternative 1 - "No Proiect" Alternative - This alternative shall analyze the
impacts associated with the existing conditions at the time the NOP is published as well
as what would be reasonably expected to occur in the foreseeable future if the project
were not approved, based on the current General Plan and consistent with available
infrastructure and community services.
2. Proiect Alternative 2 -"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.
3. Proiect Alternative 3 - "Reduced Project" Alternative - The consultant shall evaluate a
variation of the project, which would allow for a reduced level of development intensity.
CEQA MANDATED SECTIONS
The consultant shall include all sections mandated by CEQA in the EIR.
FORMAT
The EIR should be prepared in conformance with the following:
Table of Contents
Summary
Significant Effects, Proposed Mitigation and Alternatives
Areas of Controversy
Issue to Be Resolved
Project Description
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
Environmental Setting
Baseline Environmental Conditions
Resources Unique to the Region
Consistency with Regional Plans
Consideration and Discussion of Environmental Impacts
Significant Effects
Significant Effects Which Cannot Be Avoided or Mitigated
Significant Irreversible Changes
Growth Inducing Impacts
Mitigation Measures
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Measure proposed by the Applicant
Measures recommended by the City or others
Discussion of alternative mitigation measures
Alternatives
Effects Found Not to be Significant
Organizations and Persons Consulted
Discussion of Cumulative Impacts
For Final EIR:
The DEIR or a revision of it
Comments and Recommendations Received on the DEIR
Persons, Organizafions, and Public Agencies commenfing on the DEIR
Responses to Comments
Westin Hotel and Timeshare Environmental Impact Report Cost Proposal
Cost Estimate
Westin Hotel and Timeshare EIR
Task Total Cost
Total Labor
Hours
Principal
B, Herdes
L. Sherwood
Senior
L. UnverzagI
W. Maddux
G. Scheid
Associate
J, Domeier
D.DeMars
G. Kazmer
J, Fteming
H. Pfice
Assistant Production Graphics
Hourly Rates $238 $197 $160 $112 $90 $105
I.Kick Off Meeting $1,592 8 4 0 4 0 0 0
2. Project Description $4,120 28 0 0 22 0 2 4
3. Peer Review
Greenhouse Gas & Air Quality (RECON) $2,494 16 0 2 12 0 2 0
Biological Resources (RECON) $1,362 a 0 6 0 0 2 0
Cultural Resources (RECON) $1,460 10 0 0 8 0 2 0
Geotechnical Investigation (Ninyo & Moore) $3,206 -------
Phase 1 ESA (Ninyo & Moore) $3,392 ------
Hydrology (PDC) $2,580 ------ --
Stormwater (PDC) $3,630 -------
Transportation/Traffic (LOS Engineering) $1,200 ------
Peer Review Subtotal $19,324 34 0 8 20 0 6 0
4. Technical Studies
Noise (RECON) $7,126 49 2 33 6 4 4
Visual Simulations (DDS/GA) $12,000 -------
Technical Studies Subtotal $19,126 49 0 2 33 6 4 4
5. Draft EIR (Prepare/Revise per City Commenis)
Aesthetics $8,936 58 2 0 48 0 4 4
Agriculture $5,956 38 2 0 32 0 4 0
Air Quality $6,744 42 2 4 32 0 4 0
Biological Resources $6,166 40 2 0 32 0 4 2
Cultural/Paleo Resources $5,956 38 2 0 32 0 4 0
Geology/Soils ' \.'.v- •>•..;-• • $5,956 38 2 0 32 0 4 0
Greenhouse Gas $6,744 42 2 4 32 0 4 0
Hazards/Hazards Materials ' $5,564 30 2 24 0 0 4 0
Hydrology/Water Quality $3,988 22 2 16 0 0 4 0
Land Use & Planning $10,856 70 2 0 60 0 4 4
Noise ^ $7,164 46 2 4 32 0 4 4
Public Services/Utilities $7,236 46 2 0 40 0 4 0
Transportafion/Tratfic $8,992 56 4 0 48 0 4 0
Alternatives $11,972 76 4 0 64 0 4 4
Other CEQA Mandatory sections $4,676 30 2 0 24 0 4 0
Effects Not Significant $3,396 22 2 0 16 0 4 0
Prepare MMRP $3,396 22 2 0 16 0 4 0
Prepare Copies of Draft EIR $2,500 24 0 0 4 0 16 4
DEIR Subtotal
6. Final EIR/Responses to Comments (Prepare and
Revise per City Comments)
$116,198 740 38 52 544 0 84 22
Responses to Comments $24,300 154 8 8 120 0 18 0
Prepare CEQA Findings/SOC $10,822 67 4 0 60 0 3 0
EIR/MMRP Revisions $7,622 47 4 0 40 0 3 0
......Prepare Copies of Final EIR.. ^- ^ ^ . t — $2,290 22 0 0 4 0 16 2
Final EIR/Response to Comments Subtotal $45,034 290 16 8 224 0 40 2
7. Meetings/Hearings (9 meetings, 3 hearings) -^^ $15,312 84 24 0 60 0 0 0
Total Labor Cost/Hours $220,706 7233 82 70 907 6 136 32
Total Print Cost $5,000
Contingency
Total Cost
$10,000
$235,706
I
n
RECON Environmental, Inc. February 20, 2015