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RECON Environmental Inc; 2015-03-19;
AGREEMENT WITH RECON ENVIRONMENTAL, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ' EiR 15-02 THIS AGREEMENT, made this \^"^dav of March, 2015. between the CITY OF CARLSBAD, a municipal corporafion of the State of California, hereinafter referred to as "CITY", and RECON Environmental, Inc. hereinafter refen-ed to as "CONTRACTOR". RECITALS WHEREAS, the CITY has entered into an agreement with Grand Pacific Resorts, Inc. hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as the WESTIN HOTEL AND TIMESHARE which is located and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor ofthe CITY. NOW, THEREFORE, in considerafion of their mutual covenants and condifions, the parties hereto agree as follows: 1. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Tifie 19 of the Carisbad Municipal Code and its implemenfing resolufions. In carrying out this obligafion the CONTRACTOR'S duties shall include the following: (a) The CONTRACTOR shall, consistent with the WESTIN HOTEL AND TIMESHARE SCOPE OF WORK (Attachment 2) and on file at the Planning Division, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory 1 Rev. 01/31/2013 tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the Final Environmental Impact Report at all public hearings as determined by the City before the Planning Commission and the City Council priorto the certification ofthe report; and (4) make aii reports necessary to comply with the requirements of this section. Before preparing the Draft Environmental Impact Report, the CONTRACTOR shal! submit a 1*' and 2"'' screen check Draft EIR to the City Planner for staff review. The CONTRACTOR shall revise the screen check Draft EIRs as requested by staff in order to make it suitable for Draft EIR review. (b) CONTRACTOR shall prepare and submit a Draft EIR in compliance with the WESTIN HOTEL AND TIMESHARE SCOPE OF WORK (Attachment 2) and on file at the Planning Division (unless othenA/ise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY hardcopy and digital copies of a Draft EIR consistent with WESTIN HOTEL AND TIMESHARE SCOPE OF WORK. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the City Planner who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. (d) CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public nofice that the Draft Environmental Impact Report has been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated Into the Final Environmental Impact Report. (e) CONTRACTOR'S responsibility under this agreement is owed to the CITY, rather than the APPLICANT, who is not an intended beneficiary of this agreement. Rev. 01/31/2013 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other informafion in its possession related to the proposed project. (c) The CiTY wil! review screen check Draft EIRs presented by tiie CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that fime period. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the Draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY five hardcopies of the 1 *' screen check Draft Environmental Impact Report within eight weeks of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit to the CITY copies of the Draft Environmental Impact Report as stipulated in the WESTIN HOTEL AND TIMESHARE SCOPE OF WORK within ten working days of the completed staff review of the 2"'' screen check Draft Environmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of $225,706.00 dollars for all work and prinfing costs and a maximum of $10,000.00 dollars for additional work performed by CONTRACTOR as determined necessary and authorized by the City to carry out the requirements of this agreement. Actual payment shall be based on the actual cost of the report 3 Rev. 01/31/2013 based on the hourly rates and estimated total labor hours as set forth in Cost Estimate Westin Hotel and Timeshare EIR dated February 20, 2015 on file at the Planning Division. The CONTRACTOR shall be paid within 30 days, in response to invoice, for 50 percent of the compensable services forthe satisfactory completion ofthe 1®' screen check Draft Environmental Impact Report as determined by the City in accordance with Paragraph 1 above. The CONTRACTOR will be paid up to an additiona! 30 percent upon acceptance by the CITY of the response to comments from the CONTRACTOR as adequate, the final 20 percent, plus contingency costs previously authorized by the City, will be paid, not to exceed the maximum amount provided in this agreement, within 30 days after receipt of invoice, to be submitted after the certification ofthe Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits ofthe obligation ofthe CITY under this agreement is the sum of $235,706.00 which amount is estimated to be sufficient to compensate the CONTRACTOR for all services including printing costs and contingency work performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the City Planner. CONTRACTOR will not perform any work or incur any obligation beyond said sum of $235,706.00 without appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outiining the required changes shall be fon/varded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the 4 Rev. 01/31/2013 CITY according to the procedures described in Carisbad Municipal Code Section 3.28.090. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the City Planner who will infomn a principal of the CONTRACTOR'S firm of the necessity of such action and foiiow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violafion of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discrefion, to deduct from the agreement price or consideration, or othenwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The CONTIRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. 5 Rev 01/31/2013 Upon temiinafion for reasons other than breach of this agreement, CITY shall pay CONTRACTOR the reasonable value ofthe services completed to the date of notice of determination. 10. DISPUTES If a dispute should arise regarding the perfomnance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operafing underthe provisions of this contract, shall be reduced to writing by the principal of the CONTRACTOR or the CITY PLANNER. A copy of such documented dispute shall be fon/varded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The CITY PLANNER or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be fonwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part ofthe contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigafion. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTIRACTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 etseq.. the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carisbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to 6 Rev. 01/31/2013 recover its litigation costs, including attorney's fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding wherein the CONTRACTOR may be prevented to act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debannent by another jurisdiction is grounds for the City of Carisbad to disqualify the CONTRACTOR from the selection process. F^^^ (Initial) The provisions of Carisbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 1^1/^ (Initial) 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perfonn the services provided for herein in CONTRACTOR'S own way as an independent contractor and in pursuit of 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 be accomplished, but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide services under this agreement shall not be considered employees ofthe CITY for any purposes whatsoever. The CONTRACTOR is an independent contractor ofthe CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is enfitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or his/her employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or his/her employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribufion, social security, overtime payment, or workers' compensafion payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and 7 Rev. 01/31/2013 Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organizafion by the CONTRACTOR without prior written approval ofthe CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carisbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in vt^ole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the acfive negligence, sole negligence, or willful misconduct of the City of Carisbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTOR'S indemnificafion of City shall not be limited by any prior or subsequent 8 Rev. 01/31/2013 declarafion by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negofiate, make, accept or approve, or to take part in negofiafing, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, 9 Rev 01/31/2013 either before, during or afterthe execution of this contract, shall affect or modify any ofthe terms or obligations herein contained, nor shall such verbal agreement or conversation entitie the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms, condifions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Cleri< in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". A. Coverages and Limits. CONTRACTOR shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive Genera! Liability Insurance. $1,000,000 combined single- 10 Rev 01/31/2013 limit per occun^nce for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTOR'S work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insurance coverages required herein, then the City will have the opfion to declare the CONTIRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR 11 Rev 01/31/2013 under this agreement. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf ofthe City and on behalf ofthe CONTRACTOR in connection with the foregoing are as follows: For City: Title: Name: Senior Planner Christer Westman Address: 1635 Faradav Avenue Cartsbad. CA 92008 For Contractor: Title: Name: Principal Bobbi Herdes Address: 1927 Fifth Avenue San Dieqo. CA 92101 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carisbad Business License for the durafion ofthe contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 12 Rev. 01/31/2013 Executed by CONTRACTOR this, day of March, 2015. CONTRACTOR: RECON Environmental, Inc RECON Environmental, Inc. CITY OF CARLSBAD, a municipal corpofation ofthe State of Califomia By: \^ (sigh here) Robert MacAller, President City Manager or Mayor— Ciiy /^/t>t^yiejr Don Neu ATTEST: (print name/title) (sign here)^ BARBARA ENGLESON, CiJ^Glerk Loretta L. Gross, Secretary (print name/title) (Propernotariai acknowledgment of execution by CONTRACTOR must be attached). (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowenng the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authon'zing the partner to execute this instrument). APPROVED AS TO FORM: CELIA A. BREWER, CityAttorney A^stitant City Attorney 13 Rev 01/31/2013 CALIFORKIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On March 19, 2015 Date before me, Stacev Higgins, Notary Public personally appeared Here Insert Name and Title of the Officer Robert MacAller and Loretta L. Gross Namefs) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isT^re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in liis/lisr/their authorized capacity(ies), and that by hts/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. STACEY HIGGINS I Commission # 2098012 t Nolary PHMe-CaWornte i UnmiitCnmi I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ Signature Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Certificate of Secretary RECON ENVIRONMENTAL, INC. I, the undersigned Secretary of RECON Environmental, Inc. ("Corporation"), hereby certify that the Corporation is organized and existing under and by the virtue of the laws of the State of California as a corporation for profit, with its principal office located at 1927 Fifth Avenue, San Diego, California 92101, and is duly authorized to transact business in the State of California. I further certify that at the annual meeting of the Board of Directors duly called and held on June 18, 2014, at which a quorum was present and vofing, the following resolufion was adopted: BE IT RESOLVED that the following officers are elected for the term of one year: Robert MacAller - President Loretta Gross - Secretary AND THAT the officers named above are empowered by the Board of Directors to enter into any contract or execute any instrument in the name of and on behalf of the Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on March 20, 2015, and attest that the foregoing Resolutions now stand of record on the books of the Corporation and that the Resolutions are in full force and effect and have not been modified or revoked in any manner whatsoever. CERTIFIED TO AND ATTESTED BY: Loretta L Gross Secretary corporate Seal ATTACHMENT 1 NOT TO SCALE SITE MAP 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 Carisbad 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. Cartsbad 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 Carisbad 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 designafions 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 Overiay (C-T-Q). Development of the project also includes the removal of an exisfing 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 Cartsbad 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 Carisbad, 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 14-06/V 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 Carisbad owned open space that is part of The Crossings golf course is to the north. Mar Brisa Resort fimeshares is to the south. City of Cartsbad owned open space and The Crossings golf course is to the east, and the Sheraton Cartsbad Resort lobby and conference building is to the west. The site is surrounded on the west, south, and east sides by exisfing development. The remaining north side, at the toe of the manufactured slope, it is adjacent to an existing Hardline Preserve per the City of Cartsbad 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 ufility lines, and related onsite grading for building pads, parking, landscaping and related facilifies. 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 Carisbad 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 Carlsbad 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 Overiay 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 Overiay 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 Paqe 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 Carisbad and Mar Brisa resorts. • Onsite hotel amenifies 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 considerafion by the Planning Commission and City Council. The following acfions are required: LEGISLATIVE: 1. General Plan Amendment (GPA 14-03) is necessary to change the proposed General Plan land use designafions as oufiined above in Table A. 2. Zone Change (ZC 14-02) is necessary to change the proposed zoning designations as oufiined 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 fimeshare building (C.M.C Title 20). 5. Non-Residential Planned Unit Development (PUD 15-01) is necessary for the subdivision of airspace fimeshare units (C.M.C. Chapter 21.47). 6. Condifional Use Permit (CUP 15-03) is required pursuant to the Commercial Tourist (C- T) zone (C.M.C. Chapter 21.42) for approval of fimeshare 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 Overlay (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. Tifie 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 Facilifies Management Plan Zone 8, dated March 23, 1999. 2. Citv of Carisbad 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 Carisbad Municipal Code). 5. Citv of Carisbad Landscape Manual, adopted by City Council on November 13, 1990. 6. Citvwide Trails Program Report, City of Carisbad, June 2001. 7. Citv of Carisbad 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 Communifies in the Citv of Carisbad dated November 2004. 10. Open Space and Conservafion 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 anv 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 ofthe 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 Mifigafion 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 acfion on the EIR documents by the approving City body, provide five (5) spiral bound copies of the Final EIR with technical appendices, exhibits, Mifigafion 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 certificafion process public hearing. 11. Attend up to nine (9) meefings with City staff regarding the preparafion of the EIR documents and three (3) public hearings with presentafions 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 Regulafions, section 15000 et seq.). In addifion, 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 descripfion 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 Inifial 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 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 9 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 simulafions should include 1) exisfing condifions, 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 setfing 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 mifigafion 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 mifigafion 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 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 10 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) Calculafions of air quality impacts and emissions during construcfion 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 implementafion of the recommended mitigafion measures. BIOLOGICAL RESOURCES Project 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 mifigafion 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 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 14-06/V 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE February 5, 2015 Page 11 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 setting. 4. The Consultant shall evaluate the project for consistency with the Carlsbad HMP. 5. The consultant shall identify any addifional 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 mifigafion measures. CULTURAL RESOURCES Project 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 fiaws in the methodologies and/or conclusions and, if no flaws are found, shall incorporate the flndings 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 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 mifigafion measures. 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 12 GEOLOGY/SOILS Proiect Background The site's soils and underiying geology has been assessed and described in a study prepared by MTGL, Inc. forthis environmental issue. Tasks: 1. The consultant shall review the Geotechnical Invesfigafion, 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, particularty 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 fiaws/inadequacies in the analyses and conclusions and, if no fiaws/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 Invesfigafion 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 resulfing from the project; recommend appropriate mitigation measures as may be required; and, identify any impacts remaining after implementafion of the recommended mitigafion measures. GREENHOUSE GAS EMISSIONS 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 Greenhouse Gas Emissions impacts, and related mitigation measures if necessary. Tasks: The consultant shall review the Greenhouse Gas Emissions study prepared by Rincon Consultants, Inc. 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 13 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 flndings 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 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 ufilize the Governor's Office of Planning and Research CEQA Guidelines, Section 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 implementation 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 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 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 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 14 project; recommend appropriate mitigation measures as may be required; and, identify any impacts remaining after implementation of the recommended mitigation 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 regulafions 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 mitigafion 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 setfing (existing hydrological conditions) of the site and general drainage characteristics. 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 Carisbad's Drainage Master Plan are satisfied. 5. The consultant shall evaluate the proposed drainage systems adequacy in regulating 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 Carisbad Floodplain Regulations to determine if the project is in compliance with the requirements contained within the ordinance. 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 15 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 potenfial 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/pollufion control basins is included in the EIR. 13. The consultant shall identify maintenance requirements of the 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 mitigation measures. LAND USE PLANNING Project Background The project includes land use designafion 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: The consultant shall describe the land use setting of the project. This will include a discussion of any inconsistencies between the proposed project and the City's adopted General Plan and Zoning Code, habitat plan and regional plans. 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 14-06/V 14-03/SP 207(K) - WESTIN HOTEL AND TIMESHARE February 5, 2015 Page 16 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 potenfial 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 Hafbitat Management Plan, 3) the Carisbad Environmental Protection Procedures (Title 19), 4) the Carisbad Subdivision regulafions (Title 20), 5) the Carisbad Zoning Ordinance (Tifie 21) including the Growth Management, Inclusionary Housing, Hillside Development Regulations, Environmental Protecfion, and Flood Plain Development Regulations, 6) the McClellan Palomar Airport Comprehensive Land Use Plan, 7) Landscape Manual, and 8) the Open Space and Conservation 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 resulting from the project; recommend appropriate mitigation measures as may be required; and, identify any impacts remaining after implementation of the recommended mitigation measures. NOISE Proiect Background 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 Cartsbad Noise Guidelines Manual shall be consulted to assure proposed mitigation measures do not confiict with adopted policies and guidelines. 3. The 2010 Airport Land Use Compatibility 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 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 Paqe 17 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 facilities, ufilifies, 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 facilifies (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 Carisbad 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 implementation of the recommended mitigafion measures TRANSPORTATION/CIRCULATION Proiect 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. 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 18 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 flaws are found, shall incorporate the flndings 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 implementafion of the recommended mifigafion 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 listing of the environmental advantages and 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 19 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- Project 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. Project 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. Project 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 Characterisfics Intended Uses ofthe EIR Agencies Expected to Use the EIR List of Permits and Approvals Required Environmental Setfing 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 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 20 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, Organizations, and Public Agencies commenting 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. Unverzagt W, filaddux G. Scheid Associate J, Domeier D.DeMars G. Kazmer J. Fleming H. Price Assistant Production Graphics Hourly Rates $238 $197 $160 $112 $90 1. 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 8 0 6 0 0 2 0 Cultural Resources (RECON) $1,460 10 0 0 8 0 2 0 Geotechnical Investigation (Ninyo & Moore) $3,208 ------- 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 Simulafions (DDS/GA) $12,000 ------- Technical Studies Subtotal $19,126 49 0 2 33 6 4 4 5. Draft EIR (Prepare/Revise per City Comments) Aesthetics $8,936 58 2 0 48 0 4 4 Agriculture $5,958 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 $5,956 38 2 0 32 0 4 0 Greenhouse Gas $6,744 42 2 4 32 0 4 0 Hazards/Hazards Materials $5,584 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 Transportation/Traffic $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 $7,822 47 4 0 40 0 3 0 . Prepare Copies of Final EIR - . . . -$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 1233 82 70 907 6 136 32 Total Print Cost $5,000 Contingency $10,000 Total Cost $235,706 RECON Environmental, Inc. February 20, 2015 Donna Heraty From: Donna Heraty Sent: Wednesday, April 01, 2015 4:23 PM To: 'bherdes@reconenvironmental.com' Cc: Michele Masterson; Shelley Collins; Sherry Freisinger Subject: Form 700 - Conflict of Interest Dear Consultant: Regarding your agreement with the City of Carisbad for preparation of an Environment Impact Report, EIR 15-02, Westin Hotel and Timeshare - // your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Cartsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Ccityof Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carisbad 1200 Carisbad Village Drive Carisbad, CA 92008-1949 www.carisbadca.gov 760-434-2917 I SheHev.CoHinsg)carisbadca.gov Connectjtvjf/, ,15 Facebook j Twitter j You Tube | Flickr | Pinterest | Enews