HomeMy WebLinkAboutCC Resolution 11870 (EIR Services; LSA Associates)RESOLUTION NO. 11870
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LSA
ASSOCIATES, INC. FOR ASSISTANCE NEEDED TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT FOR THE
LINCOLN AND MISSION RESIDENTIAL CONDOMINIUM PROJECT
(Term of Agreement: from December 20, 2005 to December 19, 2006, for an amount not to exceed $98,297.00)
WHEREAS, the City of San Rafael requires the services of a qualified environmental consultant to
prepare an Environmental Impact Report for a proposed 36 -unit condominium development proposed for
property located at 1203-1211 Lincoln Avenue. The 29,621 square foot site is currently occupied by 24
apartment units and a single-family residence. All existing structures are to be demolished to accommodate
construction of the proposed five -story condominium development.
WHEREAS, LSA Associates, Inc. has prepared a proposal for services to prepare the environmental
document for the project, which is provided as Exhibit "A"; and
WHEREAS, the proposal for services includes a not -to -exceed budget of $98,297.00, which includes
completion of all necessary tasks through document certification; and
WHEREAS, the developer has agreed to pay all consultant costs associated with the preparation of the
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby
authorize the Interim City Manager to execute, on behalf of the City of San Rafael, an Agreement for
Professional Services with LSA Associates, Inc., as attached.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday,
the 19fl' day of December, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEkNNE M. LEONCINI, City Clerk
PROFESSIONAL SERVICES AGREEMENT WITH
LSA ASSOCIATES, INC. FOR PREPARATION OF AN
ENVIVIRONMENTAL IMPACT REPORT FOR THE
LINCOLN AND MISSION RESIDENTIAL CONDOMINUM DEVELOPMENT
This Agreement is made and entered into this 19t' day of December 2005, by and between the City
of San Rafael (hereinafter "CITY"), and LSA Associates, Inc. (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR has submitted its proposal for the performance of services, which is
attached hereto and incorporated by reference herein as Exhibit A; and
WHEREAS, CITY desires to retain CONTRACTOR to perform professional services necessary to
render advice and assistance to the CITY, the CITY's Planning Commission, City Council and staff in the
preparation of an Environmental Impact Report (EIR); and
WHEREAS, CONTRACTOR represents that it is qualified to perform such services and is willing
to perform such professional services as hereinafter defined.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the CITY and CONTRACTOR as follows:
PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes under
this Agreement. Principal Planner, Bill Meeker is hereby designated the PROJECT
MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of
the progress and execution of this Agreement.
B. CONTRACTOR. shall assign a single PROJECT DIRECTOR to have overall
responsibility for the progress and execution of this Agreement for CONTRACTOR.
Lynette Dias, Principal is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the
CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
A. CONTRACTOR shall perform the duties and/or provide services as described in Lincoln
and Mission Residential Condominiums EIR — Scope of Work and Budget, attached hereto
and incorporated herein as Exhibit A.
B. Commencement. CONTRACTOR agrees to commence work immediately after the date
of signing this contract.
C. Completion. Tasks described in Lincoln and Mission Residential Condominiums EIR —
Scope of Work and Budget shall be completed as set forth in the schedule outlined in Lincoln
and Mission Residential Condominiums EIR — Scope of Work and Budget, attached and
incorporated by reference herein, as Exhibit A.
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DUTIES OF CITY.
CITY shall perform the duties and/or provide services as outlined in Lincoln and Mission
Residential Condominiums EIR — Scope of Work and Budget, attached and incorporated herein, as
Exhibit A.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall pay
CONTRACTOR an amount not to exceed $95,007 based upon the budget shown in Lincoln and
Mission Residential Condominiums EIR — Scope of Work and Budget, to be compensated on a time
and material basis. Payment will be made upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR. CITY will pay CONTRACTOR within 30 -days of
receipt of invoice.
TERM OF AGREEMENT.
The term of this Agreement shall be for one (1) year commencing on December 20, 2005 and ending
on December 19, 2006. Upon mutual agreement of the parties, and subject to the approval of the
City Manager the term of this Agreement shall be extended for an additional period.
TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30)
days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written
notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving
such notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur
additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall
be delivered to CITY as soon as possible, but not later than thirty (30) days after
termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with the
performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use
said property for any purpose, including projects not contemplated by this Agreement.
CONTRACTOR shall be relieved of any and all liability associated with CITY's use of such
property, other than as intended.
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S. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection
and audit, all documents and materials maintained by CONTRACTOR in connection with its
performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY
or its agent in any such audit or inspection.
ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to
CITY, the following insurance policies:
A comprehensive general liability insurance policy in the minimum amount of one
million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury,
or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in
the minimum amount of one million dollars ($1,000,000) per occurrence.
If any licensed professional performs any of the services required to be performed
under this Agreement, a professional liability insurance policy in the minimum
amount of one million dollars ($1,000,000) to cover any claims arising out of the
CONTRACTOR's performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by Section 10. A. shall also meet
the following requirements:
The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any
contribution.
2. Except for professional liability insurance, the insurance policies shall be endorsed
for contractual liability and personal injury.
Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and
volunteers, as additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager: (a) Certificates of
Insurance evidencing the insurance coverage required herein; and (b) specific
endorsements naming CITY, its officers, agents, employees, and volunteers, as
additional named insureds under the policies.
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5. The insurance policies shall provide that the insurance carrier shall not cancel,
terminate or otherwise modify the terms and conditions of said insurance policies
except upon thirty (30) days written notice to City's Risk Manager.
6. If the insurance is written on a Claims Made Form, then, following termination of
this Agreement, said insurance coverage shall survive for a period of not less than
five years.
7. The insurance policies shall provide for a retroactive date of placement coinciding
with the effective date of this Agreement.
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation and
employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all
liability for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be
declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, attorney's fees and
defense expenses.
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents,
employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including attorney's fees and administrative costs, arising out of, or resulting from the
negligent acts, errors or omissions of CONTRACTOR or CONTRACTOR's officers, agents and
employees in the performance of their duties and obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex,
race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any
third party, any benefit or right owed by one party, under the terms and conditions of this Agreement,
to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY: Bill Meeker
Principal Planner
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Lynette Dias
Project Director
LSA Associates, Inc.
2215 Fifth Street
Berkeley, CA 94710
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and
employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY.
CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its
officers, agents and employees be that of an Independent Contractor and not that of an employee of
CITY.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject matter of
this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except by a
written amendment to this Agreement signed by the CONTRACTOR and the CITY.
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E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and
conditions of the attached exhibits or the documents expressly incorporated by reference, the
terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under
this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement,
contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other
amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of this
Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other
term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of
the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law,
ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or
arising out of the performance of this Agreement, may recover its reasonable costs (including claims
administration) and attorney's fees expended in connection with such action.
21. 'CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business
license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state
and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number
is 94-2341614, and CONTRACTOR certifies under penalty of perjury that said taxpayer
identification number is correct.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year
first above written.
CITY OF SAN RAFAEL
ZN,�& �1RDHOFF, Interim Cilil�✓Iagiager
CONTRACTOR
By:
Name: Robert H. McCann
Title: President
ATTEST:
City Clerk
T. RAGA NTI, Oty Attorney
EXHIBIT A: Lincoln and Mission Residential Condominiums EIR — Scope of Work and Budget,
November 2005 (Revised January 9, 2006).
EXHIBIT A
LINCOLN AND MISSION RESIDENTIAL
CONDOMINIUMS EIR
Scope of Work and Budget
(Revised January 9, 2006)
L S A
January 2005
SCOPE OF WORK
LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR
This scope of work and budget are a response to the City of San Rafael's request for a consultant to
prepare an Environmental Impact Report (EIR) for the Lincoln and Mission Residential
Condominiums project (project). The following discussion details LSA's understanding of the
proposed project, provides a brief description of our project team, outlines the work program that we
will undertake, and provides a preliminary schedule and cost estimate.
The EIR will be prepared pursuant to CEQA section 21083.3. This section permits an EIR to be
prepared that analyzes only the "effects upon the environment which are peculiar to the parcel or to
the project and which were not addressed as significant effects in the prior environmental impact
report, or which substantial new information shows will be more significant than described in the
prior environmental impact report." Such an EIR may only be prepared when a project is consistent
with the zoning regulations or General Plan of an agency, and the zoning regulations or General Plan
were the subject of a certified EIR. Because the proposed project is consistent with the General Plan
designation for the project site (High Density Residential) and an EIR was certified for the San Rafael
General Plan, the proposed project is eligible for the limited environmental review described in
section 21083.3.
A. PROJECT UNDERSTANDING
The project site is located near downtown San Rafael at 1203 and 1211 Lincoln Avenue, at the
intersection with Mission Avenue. The site is approximately 29,621 square feet (approximately 0.7
acres) and is surrounded by multi -family residential uses and commercial uses. Lincoln Avenue and
Mission Avenue are two major thoroughfares in San Rafael. The project site currently contains two
structures: 1203 Lincoln Avenue is a former motor court (constructed in 1937) that contains 24
apartment units; the property at 1211 Lincoln Avenue is a single-family residence that is thought to
have been constructed in 1907.
As part of the proposed project, the two structures located within the project site would be
demolished. These existing uses would be replaced with a five -story condominium complex
containing 36 units. The project would include 56 on-site parking spaces in a ground -level parking
garage. The garage would be accessed from Lincoln Avenue. The architecture of the proposed
condominium project would feature Mission Revival elements, including arches, clay tile roofs, and
stucco siding. The building would also contain an interior courtyard.
The City prepared an Initial Study/Mitigated Negative Declaration for the proposed project in the
summer of 2005. A historical resources evaluation prepared by Page and Turnbull for the two
existing structures on the site indicated that these buildings are considered historic resources pursuant
to CEQA. Based on this finding, and the desire for a more comprehensive environmental evaluation,
the City subsequently determined that an EIR is the appropriate document to analyze the
environmental effects of the proposed project, pursuant to CEQA.
0 NROPOSAU05059-LI-1—d Mission Cood—ii—P,oj¢tMt.visad S,op,1.9.06.d.(1/9/2006)
LSA ASSOCIATES. INC.
JANUARY 2006
SCOPE OF WORK
LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR
The project applicant is seeking the following entitlements as part of the project: 1) Environmental
and Design Review Permit to demolish existing buildings within the project site and to construct the
condominium building; 2) a Vesting Tentative Map to permit the construction of a 36 -unit
condominium building; and 3) a Use Permit for a height bonus (for affordable housing) that will
allow the height of the project to exceed 36 feet.
B. PROJECT TEAM
LSA will serve as the prime consultant, providing overall project management and maintaining close
contact with the City throughout the environmental
review process. Our in-house technical staff will Table 1: Work Program Summary
address all of the needed topical analyses (with the
exception of the visual simulations). We will also
TASK A. STARTMEETINGS
attend all meetings with City staff and other involved
TASKB. SITEVISIT
agencies/parties.
TASK CC. BASE MAP PREPARATION
TASK D. DATA GATHERING AND EVALUATION
The LSA team will be directed by Lynette Dias,
Principal, who will be assisted by Adam Weinstein,
Senior Planner. Lynette will oversee project
management, and ensure that all tasks are completed
in an efficient, cost-effective and timely manner.
Adam will assist Lynette in day-to-day project
management, including coordination of our in-house
staff and our subconsultants. Other LSA staff who
will work on this project include:
• Amy Fischer, Senior Planner, will prepare the
air quality and transportation analyses.
• Christian Gerike, Principal, will oversee the
archaeological resources evaluation.
TASK E. NOTICE OF PREPARATION
TASK F. PREPARE PROJECT DESCRIPTION
TASK G. SCOPING SESSION
TASK H. SIGNIFICANCE CRITERIA
TASK L SETTING, IMPACTS AND MITIGATION MEASURES
1. Land Use and Planning Policy
2. Traffic and Circulation
3. Air Quality
4. Noise
5. Cultural Resources
6; Visual Resources
TASK J. CUMULATIVE AND GROw rH INDUCING IMPACTS
TASK K. ALTERNATIVES
TASK L. CEQA CONCLUSIONS
TASK M. PREPARE ADMINISTRATIVE DRAFT EIR
TASK N. PREPARE SCREENCHECK DRAFT Ent
In addition, we will be supported by Andrew TASK O. PREPARE PUBLIC REVIEW DRAFT EIR
McNichol, who will prepare visual simulations of the TASK P. PREPARE RESPONSES TO COMMENTS DOCUMENT
project. Andrew is an experienced graphic artist with TASKQ• MITIGATION MONITORING AND REPORTING PROGRAM
experience creating massing models and architectural TASK R. PUBLIC HEARINGS, MEETINGS, AND PROJECT
renderings, and preparing visual analyses. MANAGEMENT
LSA is committed to working closely with City staff
to facilitate the environmental documentation and planning process. Our proposed work program
includes several team meetings, in addition to opportunities to meet with other agencies, as
appropriate. LSA could also be available to assist in the preparation of staff reports, resolutions,
findings, and other planning documents, if requested by City staff.
C. PROPOSED WORK PROGRAM
This section details the work program that LSA will undertake to complete an EIR to evaluate the
physical effects of the proposed project. Table 1 provides a summary of the proposed work program.
O.NROPOSAU05059-Linculo wd Missive CondominiumPrjaNlevud_Swpel-9-06.d=(1/9/2006)
LSA ASSOCIATES. INC.
JANUARY 1006
TASK A. START-UP MEETING
SCOPE OF WORK
LINCOLN AND MISSION RESIDENTIAL OONDOMINIUMS EIR
LSA will meet with City staff to discuss expectations regarding the tasks to be undertaken as part of
the environmental documentation effort, the methodology of the analysis, and anticipated findings.
Our proposed budget allocates time for LSA to attend one start-up meeting.
TASK B. SITE VISIT
As one of the initial steps in this scope of work, LSA will undertake a site visit with as many
members of our project team as possible. We find this task useful as a way to better understand the
site and its surroundings, share observations, and make sure that all potential environmental issues
will be completely covered in the EIR.
TASK C. BASE MAP PREPARATION
A base map of the project site and vicinity will be prepared by LSA based on materials submitted by
the project applicant. The project site base map will be used to illustrate street/highway and lot
layouts in the vicinity of the project site, the project site's relationship to surrounding blocks,
surrounding land uses, and General Plan and zoning designations. The base map will also be
available to City staff for use during meetings and presentations.
TASK D. DATA GATHERING AND EVALUATION
Existing data and analyses applicable to the project site and vicinity will be collected and evaluated.
At this point, we expect that the City will have supplied us with all the completed technical reports for
the project, including the Illingworth and Rodkin noise analysis and the W -Trans traffic report. As
part of this task, LSA will contact responsible or potentially -affected agencies to identify concerns
about the proposed project and to clarify the scope of the analysis that will be desired by these
agencies.
TASK E. NOTICE OF PREPARATION
LSA will prepare and distribute a Notice of Preparation (NOP). As part of this task, we will ask the
City to provide a mailing list that LSA will use to send out the NOP. Following the 30 -day NOP
review period, LSA will review all comments received on the NOP. Recommendations regarding
scope and budget refinements will be made, as appropriate.
TASK F. PREPARE PROJECT DESCRIPTION
LSA will prepare the project description based on application materials, the already -prepared Initial
Study and discussions with City staff. This document will include a description of the project site and
vicinity (including existing structures within the site), project objectives, details of the proposed
project, the approval process, and development schedule. A draft of the project description will be
submitted to the City for review and comment prior to undertaking any impact analysis.
O \PROPOSAU05059-Lincoln sod Mission Condominium psaj=\Rcvism Smpel-9.06 doc (11911006)
LSA ASSOCIATES, INC.
JANUARY 1006
SCOPE OF WORK
LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR
TASK G. COUNCIL MEETING (CONTRACT ADOPTION)
LSA will attend a City Council meeting to adopt the proposed contract. At this meeting, LSA will
also transcribe verbal comments about the scope of the EIR. These comments will be reviewed to
ensure the scope of the EIR is adequate.
TASK H. SIGNIFICANCE CRITERIA
LSA will develop a list of significance criteria for confirmation by the City prior to undertaking any
impact analysis. The draft significance criteria will include proposed criteria for each topical issue to
be addressed in the EIR.
TASK I. SETTING, IMPACTS AND MITIGATION MEASURES
Documentation of the environmental setting, impacts, and mitigation measures for each of the issue
areas described below will be incorporated into the EIR. LSA will provide a discussion of any of the
topics that are focused out in the CEQA conclusions section of the EIR (see Task J, CEQA
Conclusions).
This analysis will clearly describe the affected environment and the environmental consequences of
the proposed project. Where relevant, impacts will be separately identified by their occurrence during
either the construction or operation periods. A set of feasible mitigation measures (as well as the
residual impacts or effects of each measure) will be identified.
1. Land Use and Planning Policy
The project site is designated for high density residential uses in the General Plan and zoning
ordinance. This designation allows for the development of 29 residential units on the project site;
with the State -mandated density bonus for affordable housing, 36 residential units (the number of
units that would be developed as part of the project) could be developed on the site. Because the
project site is located at an interface between downtown San Rafael and a single-family residential
neighborhood, there is concern that the proposed project will adversely affect surrounding land uses.
In order to evaluate these claims, LSA will map and describe current land uses within the project site,
and land uses surrounding the project site based on information provided by City staff. The Land Use
and Planning section of the EIR will also describe the site in the context of City-wide land use
patterns and historic land uses. LSA will then evaluate the compatibility of the proposed project with
local land uses. This analysis will take into account several factors, including anticipated
development around the site, the land use effects of a continuance of existing conditions, the City's
General Plan policies, and the distribution of housing in the City.
Although policy conflicts are not considered to be significant environmental impacts in and of
themselves, we find that a concise policy analysis is useful in assisting decision -makers when they
evaluate the impacts of a project. A policy analysis can also help citizens understand how a project
fits into the overall planning context of a city. This section of the EIR will evaluate the consistency
of the proposed project with adopted planning and regulatory policies, including the General Plan,
zoning ordinance, and the California Density Bonus law. LSA staff will work closely with City staff
to prepare a summary of applicable plans and policies as they relate to the proposed project and will
describe the project's relationship to these plans and policies. Where appropriate, the policy
O.�PROPCSAU➢5059-liomW and Afiuion Condaninium Pr JalVteviwl Scopel•9-06.dot (IM/]006) 4
LSA ASSOCIATES. INC.
JANUARY 5006
SCOPE Of WORK
LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR
consistency discussion will be cross-referenced to other topical sections of the EIR (e.g., the air
quality and visual resources sections).
2. Traffic and Circulation
As discussed in the Initial Study, the project is not expected to generate a substantial number of peak
trips. W -Trans prepared a memo dated July 1, 2005 that details trip generation and distribution at the
project site. However, the W -Trans memo does not include an analysis of project impacts to
surrounding roadways and intersections, detailed site access issues, or parking. LSA will prepare the
transportation and circulation section of the EIR through completion of the following tasks, as
requested by the City's traffic engineer:
• Identify potential project impacts on Laurel Avenue and Nye Street.
• Review W -Trans memo to confirm trip generation and distribution.
• Describe existing egress and ingress within the project site.
• Determine the project's trip distribution based on two alternate circulation designs (Lincoln
Avenue access only, and driveways on both Mission Avenue and Lincoln Avenue).
• Analyze the safety and operational impacts of two alternate circulation designs.
• Collect AM and PM turning movement counts (including pedestrian and bike movements) at the
intersections of Mission Avenue and Nye Street; Nye Street and Laurel Avenue; and Laurel
Avenue and Lincoln Avenue.
• Identify impacts resulting from the project on signalized intersections in the area bounded by
Lincoln Avenue, Irwin -Street, Mission Avenue, and 2nd Street.
• Identify average daily traffic levels on Nye Street between Mission Avenue and Laurel Avenue;
and Laurel Avenue between Nye Street and Lincoln Avenue. Discuss the effects of the project on
average daily traffic levels.
• Evaluate whether proposed parking would be adequate to satisfy the demand of proposed uses.
• Evaluate access to the site based on alternative designs.
• Identify mitigation measures and recommendations to address level of service deficiencies and/or
safety concerns.
This scope of work is based on the assumption that City will review the traffic data, incorporate it into
the City model, conduct an intersection and arterial LOS analysis, and analyze the project under
baseline and 2020 cumulative conditions. The traffic and circulation analysis will take into account
traffic generated by approved (but not yet constructed) projects and pending projects in the vicinity of
the site.
3. Air Quality
LSA will prepare a brief Air Quality section for the EIR that focuses on construction -related air
quality impacts and necessary mitigation measures. The section will not include a detailed project -
specific analysis pursuant to Section 21083.3 of the CEQA statutes; instead it will provide a summary
of the analysis completed in the City's General Plan EIR.
0 )PROPOSALM059-U.ml. wd Mi.,i.. Cw&.i ti— Proj.tWevum S.*P,1-9-06.dx (1/9/2006)
LSA ASSOCIATES, INC. SCOPE OF WORK
JANUARY 7006 LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR
4. Noise
LSA will prepare the noise section of the EIR using the noise impact assessment prepared by
Illingworth and Rodkin. This chapter will include a discussion of existing noise conditions, an
analysis of the effects of increased noise generated by the project (including the construction period),
and an evaluation of the effects of the existing noise environment on proposed residential uses, It is
assumed that no new quantitative analysis will be required of either existing noise conditions in and
around the project site, or noise conditions that would result from implementation of the proposed
project.
5. Cultural Resources
Based on the Page and Turnbull report, the two existing structures within the project site are
considered historic resources pursuant to CEQA. Therefore, demolition of the structures would result
in a significant unavoidable environmental effect. LSA will draft a cultural resources section based,
in part, on the existing Page and Turnbull report. Because the Northwest Information Center
recommended that a qualified archaeologist conduct further archival and field studies to identify
archaeological resources within the site, LSA will supplement the Page and Turnbull analysis with a
cultural and paleontological archival and field study. The purpose of the study will be to identify
archaeological and paleontological resources within the project site. As part of this task, LSA will
conduct a records search, background research, and field survey, and will contact Native American
organizations and other historic agencies that may have knowledge of historic and prehistoric
resources within the project site. Our proposed budget assumes that no previously unidentified
resources are located within the project site that would require evaluation.
6. Visual Resources
Construction of a five -story building within the project site will change the visual character of the
street and neighborhood. Residents in the vicinity of the site will likely be concerned about the visual
implications associated with the replacement of a single -story buildings with a five -story building.
LSA will evaluate the proposed project's potential impacts on visual resources, including the
aesthetic quality of the site and its surroundings. LSA will document existing visual conditions at and
in the vicinity of the project site. To better illustrate the visual effects of the project, Andrew
McNichol will prepared three visual simulations of the proposed project. The visual simulations will
show "before" and "after" (project implementation) views of the project site, LSA will incorporate
these simulations into the visual resources section of the EIR.
The evaluation will address a variety of visual and aesthetic issues, including project visibility from
key public viewpoints, potential view blockage, light and glare, and consistency with public plans and
policy regarding visual/urban design quality. Potentially significant visual impacts will be identified
and mitigation measures will be recommended, as appropriate.
TASK J. CUMULATIVE AND GROWTH INDUCING IMPACTS
Section 21083.5 requires that E1Rs prepared pursuant to the section include an analysis of cumulative
impacts of the project not discussed in the prior General Plan EIR. These impacts would be caused
by the project in conjunction with other foreseeable projects. In addition to cumulative impacts, the
potential growth inducing effects of the proposed project will also be evaluated. Because the
proposed project would be located on an infill parcel in an already -developed neighborhood of San
0 IPROPOSALI05059-U-1.and W.i. Conch in(wn ProjWVicv(sd Scopel-9-06 d. (1/9/3006)
LSA ASSOCIATES. INC.
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SCOPE OF WORK
LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIR
Rafael, significant growth -inducing impacts are not anticipated. Such impacts will be discussed in
the context of existing and proposed development in San Rafael.
TASK K. ALTERNATIVES
LSA will include a discussion of alternatives based on the General Plan EIR. Pursuant to section
21083.3 of the CEQA statutes, LSA will not prepare a comprehensive analysis of alternatives specific
to this project.
TASK L. CEQA CONCLUSIONS
LSA will prepare the appropriate conclusions to fulfill CEQA requirements by providing assessment
of several mandatory impact categories including:
• Unavoidable significant environmental effects;
• Significant irreversible environmental changes that would be caused by the proposed project, if
implemented; and
• Relationship between short-term and long-term uses of the environment.
This section will include brief discussions on each of the topical sections for which a separate EIR
section was not prepared (e.g., population and housing, agriculture resources, biological resources,
geology and soils, hazards and hazardous materials, mineral resources, public services and utilities,
and recreation). The substance of the effects found not to be significant discussion will be derived
mainly from the Initial Study.
TASK M. PREPARE ADMINISTRATIVE DRAFT EIR
The information developed in Tasks F through L will be organized into an Administrative Draft EIR
(ADEIR). Five (5) copies of the ADEIR will be submitted to City staff for review and comment.
TASK N. PREPARE SCREENCHECK DRAFT EIR
Working from a single set of consolidated and non -contradictory comments provided by City staff,
LSA will amend the EIR. Two (2) copies of the Screencheck Draft EIR will be provided to verify
that all requested changes have been made and all appendix materials, references, and final graphics
are acceptable.
TASK O. PREPARE PUBLIC REVIEW DRAFT EIR
Fifty (50) hard copies and five (5) CD-ROMs of the public review Draft EIR will be produced for
public distribution. LSA will also prepare a Notice of Completion, and will distribute the notice and
EIR to parties on the City's mailing list.
TASK P. PREPARE RESPONSE TO COMMENTS DOCUMENT
Following public review of the Draft EIR, the LSA team will formulate response to comments on the
document. The attached budget assumes that LSA will respond to a moderate number of comments.
The provision of responses to additional public comments will be completed on a time -and -materials
basis.
0:TROPOSAU05059.Unwln and NWan Condombd= Pr jm\Rc iscdScopcI-9-0d.dx (1!9/2006)
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JANUARY 1006 LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS EIA
Five (5) copies of the Administrative Draft Responses to Comments (RTC) Document will be provid-
ed to the City. Working from a single set of consolidated and non -contradictory comments, LSA will
amend the RTC Document and prepare a Screencheck version. Two (2) copies of the Screencheck
version of the RTC Document will be provided to verify that all requested changes have been made
and all appendix materials, references, and final graphics are acceptable.
Fifty (50) copies of the RTC Document will be prepared for public distribution and review. The RTC
Document will consist of an introduction outlining the EIR purpose and contents, the environmental
review process, any necessary revisions to the Draft EIR, and copies of comments with responses
following each letter or transcript.
TASK Q. MITIGATION MONITORING AND REPORTING PROGRAM
LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP). Five (5) copies of the
Mitigation Monitoring and Reporting Program will be submitted to City staff as an administrative
draft for review with the Administrative RTC Document. Once comments are received from City
staff, a final NIlVIRP will be prepared.
TASK R. PUBLIC HEARINGS, MEETINGS, AND PROJECT MANAGEMENT
Lynette Dias and Adam Weinstein will be available to attend all public hearings and meetings
associated with the proposed project and the EIR. Our budget anticipates a total of two public
hearings (8 hours each, including time, materials, and preparation) and three meetings with City staff
and/or the project applicant (5 hours each, including time, materials, and preparation). Attendance at
additional meetings will be billed on a time and material basis. In addition, this budget includes time
for general project management and administrative tasks, such as regular communication with the
City and coordination with the technical staff.
D. PROJECT SCHEDULE
A preliminary work schedule for preparation and completion of the EIR is shown in Table 2.
According to this schedule, LSA will provide City staff with an Administrative Draft EIR
approximately 5 weeks after receiving authorization to proceed on the environmental documentation.
The EIR process will be complete within an estimated 4 months of authorization to proceed.
E. PRELIMINARY COST ESTIMATE
For completion of the work program set forth above, LSA proposes a total budget of $93,227. This
budget would be billed on a time and materials basis. A detailed budget is provided in Table 3.
0 1PROPOSAL105059-Unwin and h0ssiun Omdominiom Pm1a1V4viscdS=pel-9-06.dm (IIW2006)
LSA ASSOCIATES. INC.
JANUARY 7006
Table 2: Proposed Schedule
Milestone
Authorization to Proceed
Prepare Administrative Draft EIR
Review of Administrative Draft EIR
Screencheck Draft EIR
Review of Screencheck Draft EIR
Prepare, Reproduce and Distribute Draft EIR
Public Review Period
Public Hearing on Draft EIR
Administrative Responses to Comments Document
Review of Administrative Draft Responses to Comments
Document
Reproduce and Distribute Final Responses to Comments
Document (Final EIR will be available)
SCOPE OF WORK
LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS SIR
Responsible
Cumulative
Party
Duration
Weeks
City
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