HomeMy WebLinkAbout7/20/2005 - STAFF REPORTS (25) 4t pALM$.*
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C-94 ItN,P City Council Staff Report
DATE: July 20, 2005 Consent Calendar
SUBJECT: Consultant Services Agreement with Pacific Municipal
Consultants (PMC) for the preparation of an Environmental Impact
Report and the provision of Focused Entitlement services
associated with the proposed Smoketree Commons Shopping
Center.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
Donahue Schriber has filed applications for certain legislative actions and
development permits needed to construct the proposed Smoketree Commons
Shopping Center located southwest of the intersection of Barona Road and
East Palm Canyon Drive. The City has determined that an Environmental
Impact Report (EIR) will be required and the applicant has requested expedited
processing using the City's Focused Entitlement Program (FEP). This action
will enable the City to retain Pacific Municipal Consultants (PMC), who has
significant expertise and experience in the preparation of EIRs and who has
agreed to City's terms to provide on-demand review and processing of
development applications in conjunction'with the Focused Entitlement Program.
RECOMMENDATION:
1. Approve Minute Order No. authorizing the City Attorney to
prepare a consultant services agreement with Pacific Municipal
Consultants (PMC) to prepare an Environmental Impact Report and to
provide Focused Entitlement services associated with the proposed
Smoketree Commons Shopping Center, in an amount not-to-exceed
$125,240.
STAFF ANALYSIS:
The City has received applications from Donahue Schriber to develop the
Smoketree Commons Shopping Center located southwest of the intersection of
Item No. 2 . R .
City Council Staff Report
July 20, 2005-- Page 2
Chino Cone Community Planning services contract
Barona Road and East Palm Canyon Drive. The property is approximately 18
acres in size and the applicant proposes to construct approximately 188,000
square feet of commercial space near the existing Smoke Tree Village
Shopping Center. The City has determined that the project has the potential of
having a significant impact on the environment and is requiring the preparation
of an Environmental Impact Report (EIR).
The City has established the Focused Entitlement Program (FEP) for certain
qualified development projects that can demonstrate potential benefits to the
City such as jobs creation, revenue generation, affordable housing, etc. Under
the City's FEP, a pre-qualified contract planner is assigned to process an
applicant's development application. By assigning a contract planner to "focus"
on an applicant's development application, the City is usually able to compress
the review time needed to process a development application. As a result, an
applicant can typically move more quickly through the entitlement process than
a project that follows the normal development review process.
Donahue Schriber has submitted correspondence dated May 11, 2005
requesting that the City retain Pacific Municipal Consultants (PMC) to prepare
the EIR and to review and process their development application under the
City's FEP. A copy of this correspondence is attached for your review. The
applicant has indicated that the project needs to be under construction in 2006.
As a result, the entitlement process will need to be completed by the end of
2005. Staff has reviewed the Smoketree Commons Project and has
determined that it meets the eligibility requirements to participate in FEP.
Pacific Municipal Consultants (PMC) is a multi-disciplinary consulting firm
providing a full range of environmental, planning, and municipal services. The
firm, which was established in 1995, has established a reputation as an industry
leader in the provision of contract professional staff to cities, counties, state
agencies, and special districts. The firm currently provides experienced
planning, engineering, and building and code enforcement professionals on a
contract basis to numerous agencies in meeting their short and long-term
staffing requirements and/or to expedite the permitting process.
PMC has submitted proposals to prepare an Environmental Impact Report and
to provide on-demand review and processing of development applications in
conjunction with the City's Focused Entitlement Program. Copies of these
proposals are attached for your review. PMC has proposed a fixed price of
$125,240 to perform both services contemplated under this agreement.
FISCAL IMPACT:
The proposed Consultant Services Agreement with Pacific Municipal
Consultants will be structured as a pass-through agreement with Donahue
Schriber directly reimbursing the City for all expenditures related to the Focused
City Council Staff Report
July 20, 2005 -- Page 3
Chino Cone Community Planning services contract
Entitlement Program and for the preparation of the Environmental Impact
Report. As a result, there is no fiscal impact to the City.
Troy Butzlaff, Ssi t nt City Manager David H. Ready, City Man r
V V
Attachments:
1. Letter from Donahue Schriber dated May 11, 2005
2. Environmental Impact Report Proposal from PMC
3. Focused Entitlement Proposal from PMC
4. Minute Order
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DONAHUE MAY 2 i 2004
May 11, 2005 SCHRIBER
Troy Butzlaff
Assistant City Manager
CITY OF PALM SPRINGS
P.O. Box 2743
Palm Springs, CA 92263-2743
Subject: Focused Entitlement and Sole Source Request
Dear Troy,
Donahue Schriber recently submitted applications for development permits and
an EIR for the Smoke Tree Commons, a shopping center located at Smoke Tree
Ranch. The project qualifies for expedited processing based on revenue and
employment. As you may recall, we need to be under construction in 2006 and
that means that we need to be through the entitlement process in 2005.
Therefore, this is a request to use the "Focused Entitlement Process".
I understand that the Focused Entitlement Process requires the preparer of the
EIR to also be the contract staff to expedite the processing of the development
permits. I also understand that PMC is currently the only firm that has agreed to
contract for the City's Focused Entitlement Process and that it may be weeks
before the City has other consulting firms participating in the process. Since the
EIR is the critical path to receiving entitlements and time is of the essence, I want
to start this process immediately. I request that the City contract with PMC (sole
source) as soon as possible.
Thank you for your attention to this request. If you have questions or wish to
discuss this request please feel free contact me.
Sincerely,
Donahue hr' ealty Group, LP
Michael Leberman
Senior Construction Manager
200 E Baker Street
Suite 100
Costa Mesa, CA 92626
(714) 545-1400
FAX (714) 545-4222
http 11www donahueschnber com
r
July 14, 2005
Troy Butzlaff, Assistant City Manager
CITY OF PALM SPRINGS
3200 E Tahquitz Canyon Way
Palm Springs, CA 92263-2743
RE: SCOPE OF SERVICES — FOCUSED ENTITLEMENT—
SMOKETREE COMMONS
Dear Mr. Butzlaff:
Pacific Municipal Consultants (PMC) thanks you for the opportunity to
submit this Scope of Services for the processing of development
applications for the Smoketree Commons proposed shopping center. Our
proposal to participate in the City's Focused Entitlement Program has
already been submitted. The Focused entitlement Program (FEP) has
been established to provide expedited processing of development
applications for qualified projects. As noted in the firm's Statement of
Qualifications, on file in the Palm Springs planning Department, PMC
offers a wide range of professional and experienced planners that can
meet aggressive processing schedules. Finally, it is our understanding
that the applicant has requested PMC as sole source because of our
firm's ability to meet aggressive schedules leading to construction in
2006.
Understanding the Assignment
Donahue Schriber has filed and application for various legislative actions and
development permits to construct a shopping center next to the existing Smoke Tree
Ranch and shopping center. The applications include requests for General Plan
amendments to both the Land Use Element and Circulation Element. The development
permits involve a planned development district, a subdivision, architectural approvals for
the shopping center and for a sign program. The preparation of an Environmental
Impact Report is also required.
Scope of Services
The consultant would be responsible for all aspects of development application review.
This would begin with review of application materials for completeness and end with the
presentation to the decision makers. The consultant would be responsible for all
noticing, inter-departmental coordination responses for requests for information and/or
materials, review for consistency with applicable laws, regulations and policies,
preparation of staff reports and resolutions, etc. Focused Entitlement requires close
coordination between the preparation of the environmental documents and the
processing of the entitlements, hence the requirement for the same consulting firm to do
both. PMC has significant experience in providing these services and it has specific
experience with Palm Springs codes, policies and procedures.
Fees
PMC will provide the FEP service on a time and materials basis. This project will be
staffed by the equivalent of the City's Principal Planner at an hourly rate of $100. PMC
anticipates that all review can be completed for $15,000, or less. However, this is not a
"not to exceed" estimate. There are many factors, which are out of the control of PMC
that can contribute to a more costly review. PMC will submit monthly invoices for all
work and expenses incurred that month.
Schedule
PMC anticipates that the Smoketree EIR will be complete for Planning Commission
review in December 2005 with recommendations to the City Council by late December
or early January 2006. All processing of the legislative items and the development
permits will be complete concurrently with the final EIR.
Management and Quality Assurance
Gary Wayne will serve as the Project Director. He will coordinate with the City's
Planning Director. He will review all products for quality and adherence to legal and
technical standards. He will also serve as a planning resource to the assigned staff.
Sincerely,
PACIFIC MUNICIPAL CONSULTANTS
Gary E. Wayne
Director of Planning Services
Mobile: (760) 803-1209
TABLE OF CONTENTS
TABLE OF CONTENTS
FirmOverview............................................................................................................................................................................. 1
ProjectUnderstanding,Approach, and Staffing....................................................................................................................... 4
ProjectUnderstanding................................................................................................................................................. 4
ProjectApproach and Staffing.................................................................................................................................... 5
OrganizationalChart.................................................................................................................................................... 6
Project Team Roles and Responsibilities................................................................................................................... 7
Subconsultants............................................................................................................................................................ 8
Scopeof Work............................................................................................................................................................................ 9
Task 1 - Project Initiation/Review Existing Reports/Team Meetings...................................................................... 9
Task 2 - Prepare Administrative Draft Environmental Impact Report(ADEIR) ....................................................... 9
Task 3 - Preparation, Production and Distribution of Draft EIR.............................................................................17
Task 4 - Preparation, Production and Distribution of Final EIR.............................................................................17
Task 5 - Mitigation Monitoring and Reporting Program and CEQA Findings.........................................................18
Task 6 - Project Management and Meetings..........................................................................................................18
Budget......................................................................................................................................................................................19
Notesand Assumptions............................................................................................................................................19
ProjectCost Estimate................................................................................................................................................20
ProjectSchedule......................................................................................................................................................................21
Abilityto Comply.......................................................................................................................................................................22
City of Palm Springs
� C]
SmokeTree Commons EIR
PROJECT UNDERSTANDING, APPROACH, AND STAFFING
PROJECT UNDERSTANDING, APPROACH, AND STAFFING
PROJECT UNDERSTANDING
The SmokeTree Commons project would involve development of 188,246 square feet (sf) of retail space near the
existing SmokeTree Village Shopping Center. The project includes 14 retail buildings consisting of seven major stores,
four pads and three shops, outdoor plaza areas, parking, and landscaping. The project would also construct all
necessary on-site infrastructure as well as install a traffic signal at the intersection of East Palm Canyon Drive and the
main entrance of the project site.
The proposed SmokeTree Commons project is located in the southern portion of the City of Palm Springs, in Riverside
County. The project site is located on the southwest corner of the intersection of East Palm Canyon Drive and Barone
Road.The site is to the east of the of the existing SmokeTree Village development.
The project site consists of ten parcels (510-020-034, -039, -041, -042, -043, -044, -045, -046, -047, -048) under
single ownership that encompasses approximately 17.48 acres. The site is rectangular measuring approximately
1,000 feet in length east-west along East Palm Canyon Drive and approximately 752 feet north-south. The site is
relatively flat,with a gradual slope to the northeast. Elevations on the site range from 400 to 420 feet above mean sea
level (amsl).
The site has historically been used for horse stables. The stables were closed in 1967 and the site is currently vacant
and covered with desert vegetation, trash (lumber, concrete, a tire, aerosol cans, etc.) and two homeless areas. An
asphalted concrete frontage road traverses the northern boundary of the site parallel to East Palm Canyon Drive. A wall
is located along the western property line separating the site from adjacent commercial development which includes a
restaurant, a bank, and a small supermarket.
Surrounding Land Uses
The SmokeTree Commons project would be adjacent to the SmokeTree Village Shopping Center to the west, East Palm
Canyon Drive and apartments to the north, low-density residential uses to the south, and Barona Road, apartments and
low density residential to the east.
Project History
The proposed project is located within a 40.4 acre parcel that was previously designated as NCC (Neighborhood
Convenience Center) and RC(Resort Commercial) on the Palm Springs General Plan Land Use Map. On May 15, 2002,
the Palm Springs City Council adopted Resolution No. 20334 to amend the general plan designations for this site from
NCC and RC to Community Shopping Center (C-S-C). The proposed action is known as the "Smoke Tree General Plan
Amendment" and resulted in the addition of a new Area Plan designation to the Palm Springs General Plan. The
Amendment includes the property containing the existing Smoke Tree Shopping Center and the expansion area to the
east, adjacent to and south of East Palm Canyon Drive between LaVerne Way (the southerly extension of the Sunrise
Way) and Barona Road (the southerly extension of Farrell Drive). The Smoke Tree Area Plan overlayed Assessor's
Parcel Numbers (APN) 510-020-001, -002, -003, -010, -012, -023, -025, -030, -031, -041, -042, -043, -046, -047, -
048, and a portion of-034,-039,-040, and -045.
Given the project's location,the following key issues are anticipated to be raised regarding the project:
• Project consistency with the Palm Springs General Plan.
• Traffic impacts to local roadways within the area.
City of Palm Springs y
SmokeTree Commons EIR
2
PROJECT UNDERSTANDING, APPROACH, AND STAFFING
Visual impacts of the project to views along East Palm Canyon.
• Biological and water resource impacts to the conditions of the project area.
Wastewater service issues and potential impacts to local groundwater resources.
• Economic effects of the project on existing commercial uses in the area and whether the project could
result in adverse effects to existing businesses to the point of resulting in blight.
PROJECT APPROACH AND STAFFING
PMC will provide all the services necessary to complete the preparation of an Environmental Impact Report (EIR) that
will allow the City to take action on the proposed project within an aggressive timeline (a focused entitlement process
has been formally requested). To achieve this objective, this proposed work program provides a scope of work broken
out by specific work tasks.We have provided a budget and project schedule that identifies the timeline to complete our
work commensurate with the desired aggressive schedule.
The project approach emphasizes use of available environmental information, while providing specific studies that PMC
believes are required in order to fulfill CEQA requirements.This information will be integral to determining whether any
significant impacts would be created by the project that could not be mitigated to a less than significant level.
City of Palm Springs
SmokeTree Commons EIR
3
PROJECT UNDERSTANDING, APPROACH, AND STAFFING
ORGANIZATIONAL CHART
CITY OF PALI1 SPRING$
LEAD AGENCY
PACIFIC MUNICIPAL CONSULTANTS
PMG, PROJECT DIRECTOR
PAT ANGELL
o C 11 ,C fl°'"dC�"� PROJECT MANAGER
KEVIN GRANT
GENERAL RESEARCH &ANALYSIS
CHNSTINA KELLER
ALEXIS STEWART
BIOLOGICAL ANALYSIS CULTURAL RESOURCES VISUAL RESOURCES
JOYCE HUNTING ANALYSIS CHRIS JORDAN
JOHN NADOLSKI
NOISE GROUNDWATER AI 11 R QUALITY tj
LSA ANALYSIS LSA
LSA
City of Palm Springs M.�A
SmokeTree Commons EIR J� I
4
PROJECT UNDERSTANDING, APPROACH, AND STAFFING
PROJECT TEAM ROLES AND RESPONSIBILITIES
PATRICK ANGELL,AICP, SENIOR ASSOCIATE
Mr. Angell will serve as Project Director for the project. Mr. Angell serves as Project Director and Project Manager for a
variety of projects. Mr. Angell specializes in environmental and urban land use planning, and has performed tasks for
projects such as water and wastewater facilities, energy facilities,flood control projects, residential subdivisions, mixed-
use urban developments, and redevelopment plans. Mr. Angell has been the project manager for several EIRs
throughout the State of California.
KEVIN GRANT, PROJECT MANAGER
Mr. Grant will serve as Project Manager. As a Senior Planner, Mr. Grant responsibilities include contract services within
client agencies, policy document preparation, and environmental planning. Mr. Grant has extensive experience with
preparing EIRs.
CHRISTINA KELLER, ENVIRONMENTAL PLANNER
Miss Keller has extensive experience in CEQA/NEPA documentation. She has experience with research, analysis and
project management in support of environmental document preparation and production, as well as long-range planning
experience. Miss Keller has assisted a variety of communities throughout Southern California with their environmental,
urban land use planning, and community development needs.
ALEXIS STEWART,ASSISTANT PLANNER
Mrs.Stewart will provide research and document preparation support on the project. She has experience with research,
analysis and project management in support of environmental document preparation and production.
JOHN NADOLSKI, CULTURAL AND HISTORICAL RESOURCES COORDINATOR
With over 30 years of experience in cultural resource investigation and documentation, Mr. Nadolski brings a wealth of
understanding and expertise in Cultural Resources to the Project. Cultural resources staff of PMC has previous
experience in Palm Springs City and the surrounding area. Mr. Nadolski has successfully managed several commercial
development projects, and meets the Secretary of Interiors Professional Qualifications Standards.
JOYCE HUNTING, SENIOR BIOLOGIST
Ms. Hunting will act as PMC's biological resources specialist. Ms. Hunting has more than 20 years of technical and
practical experience in working in California's diverse natural environments. She has 14 years of experience in
preparing and managing the preparation of environmental documents that comply with the requirements of the
National Environmental Policy Act(NEPA), California Environmental Quality Act(CEQA), Federal Endangered Species Act
(FESA), California Endangered Species Act (CESA), California Public Utilities Commission, California Department of
Transportation,State Reclamation Board, and local jurisdictions.
CHRIS JORDAN,VISUAL RESOURCES
Mr. Jordan will act as PMC's visual resources specialist. Mr. Jordan will prepare visual simulations from existing
architectural renderings as provided by the project applicant.
PMC's administrative staff will also assist in document preparation (formatting),graphics production and copying.
SUBCONSULTANTS
PMC also proposes to utilize the following sub-consultant technical studies to assist in this project:
• LSA has provided Traffic, Cultural Resources, Geotechnical, Noise, Phase I Environmental Assessment,and
Air Quality studies.
• Development Resource Consultants, Inc provided the Drainage Report& Detention Basin Calculations.
City of Palm Springs PM,CA
SmokeTree Commons EIR
5
SCOPE OF WORK
SCOPE OF WORK
Presented below is the proposed Scope of Work for preparation and processing of a project EIR, based on PMC's
understanding of the proposed project. For purposes of this scope of work, it is assumed that once the detailed project
description has been established, the proposed project will not change during the preparation of the EIR. Once the
technical studies are underway, any project modification resulting in the need for new or revised technical analysis may
be considered a significant change to the project and potentially subject to a contract amendment.
TASK I: PROJECT INITIATION/REVIEW EXISTING REPORTS/TEAM MEETINGS
PMC will attend up to two meetings with City staff to review and finalize the proposed scope of work and to coordinate
key steps in the program approach. PMC will gather and review all relevant documents in orderto understand the range
of issues associated with this project and for use in conducting the environmental analysis. PMC will also prepare a
detailed project description for City review during Task 1. PMC will prepare the Notice of Preparation. Should the City
hold a public seeping meeting associated with the release of the Notice of Preparation, PMC will attend the meeting
and provide assistance to the City.
TASK 2: PREPARE ADMINISTRATIVE DRAFT ENVIRONMENTAL IMPACT REPORT (ADEIR)
ADMINISTRATIVE DRAFT EIR
PMC will prepare an Administrative Draft EIR and submit five hard copies for review by City staff. The Administrative
Draft EIR(ADEIR)will contain an analysis of potentially significant, adverse environmental effects of the project, and will
document if any mitigation is needed in order to reduce impacts to a less-than-significant level. The ADEIR will be
written in a clear and concise way de-emphasizing technical jargon to create a document that is accessible and easily
understood by the general public. PMC will remain in close contact with the City and discuss with them any significant
impacts that, in the view of PMC, may not be possible to mitigate to a less-than-significant level. PMC will utilize
existing technical information prepared by LSA Associates.
Following one round of comments from City staff on the Administrative Draft EIR PMC will revise the ADEIR as needed
and will prepare and deliver Fifteen (15) copies of the Draft EIR to the State Clearinghouse, and fifty (50) hard-copies
and one electronic copy of the document to the City for the City's public notification process.
The EIR will be prepared in accordance with the requirements of CEQA and the City of Palm Springs. The content of the
EIR and the work tasks for the individual topic areas are described below.
The DEIR will include the following:
Introduction
The introductory section will discuss the legal authority for preparing the EIR under CEQA and will describe the City's
environmental review process. The introduction will also include a list of issues addressed in the EIR, as well as those
issues that clearly do not pertain to the project. Included will be a discussion of the discretionary approvals and
permits required by the City and other agencies relying on the EIR for environmental information. Also included will be a
brief background discussion on the planning history of the City, as well as relevant General Plan policies concerning this
site.
Executive Summary
This section will include a brief description of the project and a summary table, which lists all of the potential impacts
identified in the EIR by topic, along with the corresponding mitigation measures and the level of significance after
mitigation.
City of Palm Springs
SmokeTree Commons EIR
6
SCOPE OF WORK
Project Description
The project description will provide a clear and concise description of the project setting conditions, project objectives,
project features and requested entitlements. The project description shall be consistent with the requirements of State
CEQA Guidelines Section 15124 and relevant case law.
Environmental Setting, Impacts, and Mitigation Measures
This is the main chapter of the EIR, and will include separate sections for each environmental topic, with the discussion
for each topic formatted under the subheadings Environmental Setting, Impacts, and Mitigation Measures.This chapter
will be formatted so that the impact statements and corresponding mitigation measures will stand out from the text for
easy reference. Findings will be made as to the level of significance of each impact after mitigation. The topics that are
expected to be evaluated in the EIR are described below.
Aesthetics[Visual Resources
The project site is level and can be seen in its entirety from East Palrn Canyon. The following tasks shall conducted to
address potential visual resource impacts: _
• Describe the existing landscape characteristics of the project area based on field review and photographs.
This will include a description of current nighttime lighting conditions.
• Identify applicable Palm Springs City General Plan, policies and guidelines regarding visual resources and
architectural design. This will also include consideration of the Palm Springs City Zoning Ordinance regarding
viewsheds.
• PMC will utilize visual simulations based on architectural renderings provided by the project applicant to
present the future impact to the gateway region resulting from the construction of the proposed project. PMC
will prepare the visual simulations for the proposed project. An initial site visit will include collecting
measurements, assessing the existing condition of the site, and identifying and analyzing the landscape
context. Photographs of the existing condition will be taken and will be documented in relation to the existing
condition survey. This task will include walking the site to gain an understanding of the existing conditions
including topography, views to and from the site, and the general context of where the property is located. We
will utilize existing natural features and other methods to take site photographs for the existing conditions
based on predetermined locations by Palm Springs City for use when developing simulations. In addition,
existing surrounding structures will be photographed for context imagery and perhaps to use on the final
simulations. The three dimensional modeling process consists of the construction of a digital model of the site
and building massing. The proposed structures will be modeled in massing form only and will be "generic" in
nature. A topographic imap of the site and a preliminary site design will be provided to the City. This phase will
also be completed for one project alternative at the same level of detail. The three dimensional model will be
merged with the existing photos and applicant renderings to create approximate illustrations of the project and
the alternative. This will include approximate placement of proposed landscaping elements within the digital
photographs.
• In addition to visual simulations, PMC will qualitatively assess the anticipated impacts of nighttime lighting of
the project.
• Mitigation measures will be identified for any significant visual resource impacts identified.
City of Palm Springs
_PMC]Commons EIR
SCOPE OF WORK
Air Quality
Palm Springs City is within the South Coast Air Quality Management District.The project is within the jurisdiction of
the South County Air Quality Management District(SCAQMD). The SCQAMD Governing Board adopted the 2003 Air
Quality Management Plan (AQMP) on August 1, 2003. The 2003 AQMP updates the attainment demonstration for
federal standards for ozone and PM10; replaces the 1997 attainment demonstration for the federal carbon
monoxide (CO) standard and provides a basis for a maintenance plan for CO for the future; and updates the
maintenance plan for the federal nitrogen dioxide (NO2) standard that the South Coast Air Basin has met since
1992. The revision of the AQMP points to the urgent need of additional emissions reductions (beyond those
incorporated in the 1997/99 Plan) from all sources, specifically those under the jurisdiction of the California Air
Resources Board and the US EPA which account for approximately 80 percent of the ozone precursor emissions in
the Basin (www.agind.gov/aqmp/). We will provide an analysis of the potential air quality impacts that may result
from construction of the proposed project on two scales: the local scale and the regional scale. The analysis
described below will be consistent with policies and criteria of the South Coast Air Quality Management District.
Local impact analysis tasks would include:
• Emissions from equipment exhaust and wind blown dust. The potential for adverse health effects or
nuisance would be assessed
• Estimate carbon monoxide impacts near roadways and intersections most impacted by project traffic using
CALINE 4 program.
The step required to prepare the regional impact of the proposed project are:
• Prepare an analysis of regional changes in emissions due to construction of the project based on regional
travel data provided by the project transportation consultant and utilizing the URBEMIS-2002 computer
program
• Assess significance of regional impact using the thresholds of significance recommended by the South
Coast Air Quality Management District.
Valley Fever
Residents adjacent to the proposed project have expressed concern that grading operations for the project may
cause an increase in the incidence of "Valley Fever." Valley Fever is caused by a fungus that lives in the soil and
produces spores during wet conditions. After the soil dries, the spores may be distributed by dust storms, close
contact with the soil, agricultural or construction grading. While many persons are not affected by the fungus, other
individuals may develop a very serious disease from an infection. Valley Fever is particularly prevalent in
California's Central Valley and Arizona areas, but may also be present in the Coachella Valley. Persons with
compromised immune systems may be particularly susceptible.
Biological Resources
PMC will coordinate the biological study for the project. PMC biologists will conduct an independent evaluation of all
existing biological resources reports and studies for their objectivity and suitability for purposes of the preparation of
the Biological Resources section of the EIR. Applicable data from the U.S. Geological Survey (USGS), U.S. Fish and
Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) will be analyzed and reviewed. Pertinent
information will be compiled and utilized in the document.
PMC biologists will evaluate the following documents and information:
• Coordination Results with Federal and State Resource Agencies
City of Palm Springs
SmokeTree Commons EIR � �'
SCOPE OF WORK
The following tasks shall be preformed:
• Utilizing existing data from agencies and recent field surveys, a reconnaissance field survey will verify
existing conditions, examine areas of concern, and identify recent changes in habitats for special-status
species and wetlands. Field reconnaissance will focus on habitat areas and locations where specials-
status species and habitats exist or may occur.
• Describe relevant state and local regulations and policies associated with biological resources. This would
include the Palm Springs City General Plan, Palm Springs City Zoning Ordinance provisions. This would
include specific consideration of Palm Springs City Zoning Ordinance Sections
Based on review of available technical reports regarding the project site and project area, describe
potential impacts to special-status species, habitats and resources of local importance.
• Identify mitigation measures for any significant biological resources.
Cultural Resources
PMC will develop the Cultural Resources section of the EIR. The cultural resources section will include both
archaeological and paleontological components and will include review of existing archaeological work that has been
done in the area. Construction activities associated with site development may result in significant impacts on historic
and cultural resources. The following tasks shall be performed.
• A record search and docurnentary research at local historical societies and City agencies as dictated by
project needs.
• A sacred lands search conducted by the Native American Heritage Commission and consultation with
appropriate Native American groups/individuals and other interested parties (e.g., local historical
societies).
• A search of the University of California, Berkeley Museum of Paleontology records to determine the
paleontological sensitivity of the project site.
• Archaeological survey of the Area of Potential Effects (i.e., an approximately 20 acre area) associated with
the project and recording and/or updating of one archaeological or historic site.
• Discussion of relevant federal,state and local provisions regarding cultural resources.
• Completion of a report and/or cultural resources EIR section documenting the results of cultural resources
and paleontological investigations that will conform to established standards and guidelines. The length
and detail of the report will reflect the results of investigations.
Geology and Soils
Given the level terrain associated with the project site, no substantial geologic or soil impacts are anticipated. However,
the following tasks will be conducted to document the existing geologic conditions of the site and its suitability for
development.
Describe the existing geologic and soil conditions of the project site and its features based on existing
documentation for the project area and region. This will include a description of the soil suitability for site
development.
• Identify relevant City policies and development standards associated with geologic stability and soil conditions.
City of Palm Springs
SmokeTree Commons EIR M-��
SCOPE OF WORK
Describe any mitigation measures required to address potential geologic and/or soil stability issues
associated with project development, including potential expansion of existing wastewater disposal system
associated with the SmokeTree Commons.
Hazards/Risk of Upset
Since the project does not involve demolition of alder structures, the use of hazardous materials, or construction
adjacent to a site with use of hazardous materials, it is anticipated that no substantial hazard issues will be identified in
the EIR. The following tasks will be conducted.
• PMC staff will perform a field review of the project site for any signs of hazardous materials (e.g., vent pipes,
stressed vegetation, etc). This review will include a review of City, Regional, State and Federal records.
Review and analyze Phase I.
• Identify any potential significant impacts and mitigation measures for any significant hazards associated with
site development.
Hydrology and Water Quality
Development of the project site could result in construction and operational water quality impacts if not properly
designed with appropriate water quality control features (Best Management Practices). The project would also increase
drainage flows in the project area from an increase in impervious surfaces. The SmokeTree Commons projects have
conducted technical studies regarding future drainage flows.
The EIR shall describe the existing hydrologic conditions of the project area based on existing documentation, drainage
analysis provided by applicant and field review. This would include a description of City drainage analysis. This would
also include mapping of resources.
• Provide available information regarding groundwater conditions in the project area, including well data
• Identify relevant City water resource policies and requirements as well as applicable state and regional water
quality control board standards. This would also include Palm Springs City Zoning Ordinance.
Evaluate project construction and operation impacts on water resources and groundwater. Identify mitigation
measures to address significant impacts.
Land Use and Planning
Specific tasks that will be conducted in the analysis will include the following:
Describe the existing land use characteristics of the project area.
Identify existing land use designations, zoning and relevant land use policies and guidelines associated with
the project area. The EIR will describe the project's consistency with these provisions as required under State
CEQA Guidelines Section 15125.
• Evaluate direct and indirect environmental effects associated with the proposed land use change. The
analysis shall focus on those effects that can result in a physical effect on the environment. This would include
consideration of whether development of the project could result in blight conditions on existing businesses in
the region.
• A fiscal impact analysis and/or a market study shall be utilized to adequately analyze the potential impacts.
City of Palm Springs -
SmokeTree Commons EIR I MC1
SCOPE OF WORK
Noise
There is a potential for both short-term and long-term ambient noise increases to result. Short-tern noise issues will be
anticipated during various construction related activities. Long-tern ambient noise issues are anticipated by the
incremental increase in local traffic. The following tasks will conducted, in conjunction with the technical noise study
provided by LSA,for the analysis:
• Provide a description of existing noise setting conditions of the project area based on existing data as well as
noise measurements.
• Identify relevant General Plan and Palm Springs City Zoning Ordinance noise standards.
• The noise impact analysis will focus on if on-site activities or off-site project-generated traffic results in a
significant increase in ambient noise levels at existing noise-sensitive land uses, or exceedance of the
applicable noise standards. Specific noise sources to be evaluated include loading docks, mechanical
equipment, on-site truck circulation, parking lot activity, and off-site traffic. The analysis of noise mitigation
measures will focus on specific recommendations for noise control aimed at reducing identified noise impacts
to a level of insignificance.
Population and Housing
Specific tasks to be conducted include the following:
• Describe the existing demographic and housing conditions of the project area and surrounding area based on
2000 Census data,the applicant's Jobs/Housing Balance report and other available materials.
Identify relevant General Plan and Housing Element provisions associated with the project.
• Evaluate the direct and indirect environmental effects associated with impacts on population and housing.
The analysis shall focus on those effects that can result in a physical effect on the environment.
Public Services and Utility Services
There is a potential for the project to impact public services and utilities that could result in physical effects to the
environment.The following tasks shall be completed:
• Consult with existing public service providers (fire, sheriff's department, schools, etc) regarding the current
status service provision in the project area. This will include any current plans for expansion of services and/or
infrastructure. This will include identification of whether adequate water supply and infrastructure is available
to the site.
• Identify relevant General Plan policies associated with public service/utility provision.
Evaluate the potential for the project to result in significant public service and utility impacts. This shall focus
on the potential environmental effects associated with public service impacts.
• Provide analysis with respect to SB610
Traffic and Circulation
There is a potential for traffic increases to result in physical effects to the environment.
• Evaluate the potential for the project to result in significant traffic and circulation impacts. This shall focus on
the potential environmental effects associated with access/flow to and from the site.
City of Palm Springs
SmokeTree Commons EIR _CMG
II
SCOPE OF WORK
• The study will provide mitigation measures to impacts found to be potentially significant.
Cumulative Impacts
As required under the CEQA Guidelines, the potential impacts of the project combined with the incremental effects of
other approved, proposed and reasonably foreseeable projects in the vicinity will be addressed. This will be based on
lists of proposed, pending and approved projects, to be obtained from City Staff. The approach to assessing
significance will be based on the provision of Section 15065 of the State CEQA Guidelines which states that the effects
of a project must be "cumulatively considerable" to be considered significant. This will include quantitative and
qualitative assessment of cumulative effects of the project consistent with State CEQA Guidelines.
Effects Found Not To Be Significant
This section will include brief discussions of those topics that were found not to have significant impacts associated
with them.
Other CEQA Topics
This chapter will provide brief discussions of other topics specifically mandated by CEQA, as follows: Unavoidable
Significant Impacts;Significant Irreversible Changes; and Growth-Inducing Impacts of the Proposed Project.
Project Alternatives
The EIR will contain a discussion of the following project alternatives:
• No Project(required under CEQA)
• On-Site Design Alternatives
• Off-Site Location Alternative
Each of the alternatives will be described in detail to provide a basis for the comparative impact evaluation. (As
discussed above, a draft description of alternatives will be prepared early in the FIR preparation process for review and
verification by City staff.) The analysis of alternatives will be qualitative in nature, except where quantitative data is
available. The analysis will compare the alternatives to the proposed project, and will identify the environmentally
superior alternative. A summary table will be provided to facilitate easy comparison of impacts among the alternatives
and the proposed project.
Technical Appendices — -
The technical studies prepared for this EIR, plus any previously prepared studies which are extensively relied upon in
the EIR,will be included in a separate volume.
Printing and Delivery
Upon completion of the preliminary ADEIR, 5 copies of the ADEIR will be printed and delivered to the City staff for their
review.An electronic version (without the technical appendices)will be provided should City staff wish.
Based on comments received from the City staff,the ADEIR will be revised. Five copies of the revised document will be
printed and delivered to the City staff for their review. The technical appendices will not be reproduced, but any
revisions to the technical studies will be submitted for review.
TASK 3 - PREPARATION, PRODUCTION AND DISTRIBUTION OF DRAFT EIR
Based on comments received on the Revised ADEIR, a preliminary Draft EIR will be prepared which incorporates the
changes requested. The revised pages of the document will be submitted to the City staff for their final review and
City of Palm Springs 1?MC
SmokeTree Commons EIR _
12
SCOPE OF WORK
concurrence prior to printing and circulation of the Draft EIR. A total of 50 copies of the DEIR will be produced and
submitted, along with one reproducible copy, one electronic copy. The 45-day public and agency review period will
commence once the documents are submitted to the State Clearinghouse and made available for public review. PMC
will take responsibility for forwarding 15 copies of the DEIR, and 15 copies of the Technical Appendices to the State
Clearinghouse (including one electronic copy). It is assumed that the City will distribute the DEIR to local agencies and
interested parties, and will prepare and file the required local notices.
PMC will plan on attending one public hearing on the DEIR. PMC will also be available, as an optional work task, to
attend one informational community meeting sponsored by the City with neighboring property owners or other local
groups to discuss the project(perhaps at the onset of the project).This latter meeting may help provide the City with a
valuable sense of how the project may be received by the community.
Preparation and distribution of all public hearing notices shall be the responsibility of the City.
TASK 4- PREPARATION, PRODUCTION AND DISTRIBUTION OF FINAL EIR
During the 45-day review period, PMC will review the comment letters received and coordinate with City staff to discuss
the responses. PMC will then prepare draft responses to comments, along with an EIR amendment section containing
text corrections and revisions based on new information received during the public and agency review process. Upon
completion, the Administrative Final EIR will be submitted to the City staff for their review. Based on the comments
received, final revisions to the document will be made. The Final EIR will include the summary of impacts and
mitigations from the DEIR,the comment letters, responses to comments, and the errata section with text amendments.
A total of 50 copies of the Final EIR will be submitted to the City, along with a reproducible original and an electronic
version.
Since it is difficult to predict the volume of comments that will be submitted on the DEIR or the degree of controversy
that the project will generate, the level of effort required to prepare responses to the comments cannot be estimated
with accuracy. We have estimated receiving up to 20 letters of varying complexity. Based on PMC's past experience
with similar projects, this should be appropriate. However, if currently unforeseen efforts are required beyond this
allocation, additional budget may be required.
PMC will plan on attending up to one public hearing on the FEIR. We will submit five (5) hard copies of the draft FEIR.
After one round of review by City Staff, PMC will produce fifteen (15) copies of the FEIR for City distribution, which will
include the following:
• All comments received
• Responses to Comments
TASK 5 - MITIGATION MONITORING AND REPORTING PROGRAM AND CEQA FINDINGS
As part of the EIR preparation effort, a comprehensive Mitigation Monitoring and Reporting Program (MMRP) will be
prepared for the project pursuant to Section 21081.6 of the Public Resources Code. PMC will coordinate with the City in
designing the monitoring and reporting program. The program will enumerate mitigation measures specified in the EIR,
identify the parties responsible, and indicate the time frame for implementation of monitoring for each mitigation
measure. PMC will provide the City with five (5) copies of the draft MMRP and after one round of comments by City
Staff, PMC will provide fifteen (15) hard copies and one(1)electronic copy of the final MMRP.
PMC will also prepare the required CEQA Findings for project consideration in coordination with City staff. The format
will be based on City input and will include a statement of overriding considerations(if required).
City of Palm Springs -
SmokeTree Commons EIR
13
SCOPE OF WORK
TASK 6-PROJECT MANAGEMENT AND MEETINGS
The PMC Project Director and manager will attend up to eight project and public meetings on the project as well as
maintain regular contact with the City on the status of the project.
City of Palm Springs PM.C7
SmokeTree Commons EIR ,.
14
BUDGET
BUDGET
The cost estimate is provided on the following page is based on the scope of work provided above and the assumptions
listed below.
NOTES AND ASSUMPTIONS
1. The budget is an estimate of the effort anticipated for this project. PMC proposes to prepare the EIR on a
time and materials bases within these estimated budget parameters. Changes to the project
circumstances or work elements will change task budget accordingly.
2. One iteration of the Administrative Draft EIR is contemplated (ADEIR and Revised ADEIR).
3. It is assumed that the proposed project will not change significantly during the preparation of the
environmental document or the subsequent administrative and public review processes. Once the
technical studies for the EIR are underway, any project modification, which would result in the need for,
new or revised technical analysis would be considered a significant change to the project and subject to a
contract amendment. In addition, if the technical studies are deemed Inadequate and require additional
work,then the budget will be subject to modification.
4. Staff time budgeted for preparation of the Final EIR is listed in the cost estimate below. If substantial
additional efforts are required, such additional efforts may be subject to a modification of the consultant
agreement depending upon the budget remaining at the time.
5. Attendance at three public hearings, two staff meetings, 1 PC, and 1 CC by a PMC project manager is
included. None of PMC's other technical subconsultants are expected to be needed at the public hearings.
6. Any additional efforts that may be required in the preparation of the EIR, beyond those specifically
included in this Scope of Work and Budget will be subject to a modification of the consultant agreement.
7. This Scope of Work and Budget are predicated on the assumption that the preparation and processing of
the EIR will proceed expeditiously without prolonged periods of inactivity that could create inefficiencies
due to stopping and restarting work.
If PMC's detailed review of technical material provided by the City reveals data gaps, inadequacies, or inconsistencies
requiring supplemental technical analysis for completeness under CEQA, it is assumed that upon request such
supplemental technical reports will be provided by the City.
A detailed project cost estimate follows this page.
City of Palm Springs
SmokeTree Commons EIR -��_
15
BUDGET
PROJECT COST ESTIMATE
Project Project Senior' En4liton. Assist. Sub-- Outside
Res
Director, Manager, Special_,_ Planner Planner Admin. Consultants Direct
Costs
"Project Initiation
'2 .''2 ri-.0 0 1
Project lnitiation/Dim Collection $270 $210 ,$0' $1360. $0 t60
Subtotal, =2 �' 2 0 I 007
I .• -
$ .
Task l,_. .. . $270 21 .. ,40 $�1360 ' .'...,$0
Administrative Draft EIR
2 18 0 10 30 4
Intro,Exec Sum,Project Des $270 $1,890 $0 $850 $2,i00 $240 -
1 5 0 100 8
Aesthetics/Visual Resources $135 $525 $0 $0 $7,000 $480
0 8 0 0 16 0
Air Quality $0 $840 $0 $0 $1,120 $0
1 2 0 0 32 0
Land Use/Planning $135 $210 $0 $0 $2,240 $0
0 4 0 0 24 0
Public Services $0 $420 $0 $0 $1,680 $0
0 2 0 24 0 0
Hydrology and Water Quality $0 $210 $0 $2,040 $0 $0
0 4 0 1 16 0
Geology and Soils $0 $420 $0 $85 $1,120 $0
0 4 8 70 0 2
Biological Resources $0 $420 $840 $5,950 $0 $120
0 2 16 0 20 1
Cultural Resources $0 $210 $1,680 $0 $1,400 $60
0 4 0 0 10 0
Noise $0 $420 $0 $0 $700 $0
0 4 0 0 24 0
Population and Housing $0 $540 $0 $0 $1,260 $0
2 8 2 0 24 2
Traffic/Circulation $270 $840 $210 $0 $1,680 $120 $1,570
1 4 4 0 8 0
Valley Fever $135 $420 $420 $0 $560 $0
Fiscal Impact Analysis 1 4 16 0 8 2
15
BUDGET
$135 $420 $1,680 $0 $560 $120
0 2 0 0 16 0
Utilities $0 $210 $0 $0 $1,120 $0
2 8 0 0 10 0
Mandatory CEQA Topics $270 $840 $0 $0 $700 $0
4 16 0 0 32 0
Project Alternatives $540 $1,680 $0 $0 $2,240 $0
4 0 0 0 48
Printing/Graphics $0 $420 $0 $0 $0 $2,880 $930
16 16 8 0 0 8
Document Review Production $2,160 $1,680 $840 $0 $0 $480
Subtotal 30 - 119 54 _ 105 ., 370 75_
Task 11 $4,050 $12,615 $5,670 $8,925 $25,480 $4,500 $2,500
Drag
Second Administrative DEIR' .-'2 "' 24 . 2 16 20
Preparation and P,roduction $270 $2,520 $210 $I';360
•'. ,0 '8 .16 10
DEIR.Prpductlon $840 $0 ,.. .$0 $1,120; , ,$600 '
�10
,Printing., $0 $0 � $0 ,$0 i.$0 , -$480 $5,500'.
Subtotal 2 i '32 '', 2 16 36 36
Task 111, -$270 . $,3;360 .:,$210 ,$�.,360 ; __$ i520 : ::$2,160 _ $550G
Final EIR
Admin. FEIR-Response to
Comments, 4 30 4 4 50 28
Document Preparation $540 $3,150 $420 $340 $3,500 $1,680
FEIR 12 0 4 16 12
Document Preparation $0 $1,260 $0 $340 $1,120 $720
0 0 0 0 0 4
Printing $0 $0 $0 $0 $0 $240 $2,200
Subtotal 4 42 4 8 66 44
Task IV $540 $4,410 $420 $680 $4,620 $2,640 $0 $2,200
7—
Mitigation Monitoring,Program/Findings; ?
, 2. 24 -. 0 0 10 3 .. - ..
Prepare.MMRP1 Findings ',$2,70 ,$2,520 '",$0 $0 $700 $F80 -
Subtotal 2 -24 0 0 10 3
,ToskM 1270 _ �$2,520 =�'$0 .':$0 � :.'.$700 .-,,�$180
Project Management and Meetings
Subtotal 30 40 0 8 8 0
16
BUDGET
Task ,050 $4,200 $0 $680 $560 $0 $0 $600
Rro)ect T'4ta15 -., .. ...
Project Houti '. 70 259 ,'60 7.153 1`490 T59" 0
Project Cost $9;450 $27,195i'Ji$6,300 $I'8;Q05 :`�34r300 . $9,540 .�'$20,950;
'J'Assumes up to 20 letters of varying complexity.
Assumes 50 copies of DER and 15 copies of FEIR
'Y Assumes City sends notices
17
PROJECT SCHEDULE
The following is the proposed schedule for completion of the EIR process.
Baum
Project InitiationI week.
Preparation of Administrative Draft EIR 8 weeks
City Review $weeks,,
Preparation of a Revised Administrative Draft EIR 2 weeks
City'Review, I week
Completion of Draft EIR I week
'Public Review 6.s weeks
Administrative Final EIR 4 weeks
City_Review - ,2 weeks
.- .. ,. ._.. :.. ..:y .... .
Final EIR 2 weeks
MMRP and;CEQA Findings 1 week .
Total - 30.5
weeks
Palm Springs City �� ��
SmokeTree Commons EIR ._...,,C
B-18
MINUTE ORDER NO.
APPROVING A CONSULTANT SERVICES
AGREEMENT, IN A FORMAT ACCEPTABLE TO
THE CITY ATTORNEY, WITH PACIFIC MUNICIPAL
CONSULTANTS (PMC) TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT AND TO
PROVIDE FOCUSED ENTITLEMENT SERVICES
ASSOCIATED WITH THE PROPOSED
SMOKETREE COMMONS SHOPPING CENTER, IN
AN AMOUNT NOT TO EXCEED $125,240.
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving a Consultant Services Agreement, in a form
acceptable to the City Attorney, with Pacific Municipal Consultants (PMC) to
prepare an Environmental Impact Report and to provide Focused Entitlement
services associated with the proposed Smoketree Commons shopping center, in
an amount not-to-exceed $125,240, was adopted by the City Council of the City
of Palm Springs, California, in a meeting thereof held on the 20th day of July,
2005.
James Thompson, City Clerk