SFC Consultants/Green Specific Plan 00PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into
by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and SFC
Consultants ("Consultant"). The parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant shall provide those services related to Consultant Services to prepare Green Specific
Plan Addendum EIR as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Consultant warrants that all
services will be performed in a competent, professional and satisfactory manner in accordance
with the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and
any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified herein,
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may
be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the performance
of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it
has thoroughly investigated and considered the work to be performed, (b) it has investigated the
site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully
considered how the work should be performed, and (d) it fully understands the facilities, difficulties
and restrictions attending performance of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the work or
as represented by City, it shall immediately inform City of such fact and shall not proceed except
at Consultant's risk until written instructions are received from the Contract Officer (as defined in
Section 4.2 hereof).
1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Consultant, and the
equipment, materials, papers and other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work by
City, except such losses or damages as may be caused by City's own negligence. The
performance of services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies
are due to the negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of this Agreement,
Consultant shall perform services in addition to those specified in the Scope of Services when
directed to do so by the Contract Officer, provided that Consultant shall not be required to perform
any additional services without compensation. Any addition in compensation not exceeding five
percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
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1.7 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the
event of a conflict between the provisions of the Special Requirements and any other provisions
of this Agreement, the provisions of the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall
complete al work outlined in the Scope of Services and shall be compensated in the amount of Five
Thousand Seven Hundred Seventy -Five Dollars ($5,775.00), except as provided in Section 1.6.
The method of compensation shall be a lump sum payable upon completion of each Case and the
budget provided for that Case. Compensation may include reimbursement for actual and necessary
expenditures for clerical expenses, reproduction costs, transportation expense, telephone expense,
and similar costs and expenses.
2.2 Method of Payment. Any month in which Consultant wishes to receive payment,
Consultant shall submit to City no later than the tenth (10th) working day of such month, in the
form approved by City's Finance Director, an invoice for services rendered prior to the date of the
invoice. Such invoice shall (1) describe in detail the services provided, including time and
materials, and (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a principal
member of Consultant specifying that the payment requested is for work performed in accordance
with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which
are approved by City pursuant to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be
performed diligently and within the time period established between the Consultant and Contract
Officer. Extensions to the time period specified by the Contract Officer may be approved in writing
by the Contract Officer.
3.3 Force Maieure. The time period specified by the Contract Officer for performance of
the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of Consultant,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental
agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of
the commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the forced delay when and if in his or her judgement such
delay is justified, and the Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services,
as determined by the Contract Officer.
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4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are hereby
designated as being the principals and representatives of Consultant authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
a. Saundra Jacobs
b. Thomas Olsen Associates
C. Paul G. Chase Associates
It is expressly understood that the experience, knowledge, capability, and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder.
The foregoing principals may not be changed by Consultant and no other personnel may be
assigned to perform the service required hereunder without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Christine di lorio and/or Jerry Herman
or such other person as may be designated by the City Manager of City. It shall be Consultant's
responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions which must be made by City
to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were a substantial inducement
for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not
contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any control
over the manner, mode or means by which Consultant, its agents or employees, perform the
services required herein, except as otherwise set forth. Consultant shall perform all services
required herein as an independent contractor of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that role.
Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports,
statistics, records or other data or information pertinent to services to be performed hereunder
which are reasonably available to Consultant only from or through action by City.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, personal and public liability and property damage insurance
against all claims for injuries against persons or damages to property resulting from Consultant's
acts or omissions rising out of or related to Consultant's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that the coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither City nor its
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insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and
naming City and its officers and employees as additional insured shall be delivered to and approved
by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the Contract Sum in
accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per accident against all
claims for injuries against persons or damages to property arising out of the use of any automobile
by Consultant, its officers, any person directly or indirectly employed by Consultant, any
subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Consultant's performance under this Agreement. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed
for travel on public roads. The automobile insurance policy shall contain a severability of interest
clause providing that coverage shall be primary for losses arising out of Consultant's performance
hereunder and neither City nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming City and its officers and employees as additional
insured shall be delivered to and approved by City prior to commencement of the services
hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's
Compensation laws.
Consultant shall procure professional errors and omissions liability insurance in an amount
acceptable to City.
All insurance required by this Section shall be kept in effect during the term of this Agreement and
shall not be cancelable without thirty (30) days written notice to City of proposed cancellation.
The procuring of such insurance or the delivery of policies or certificates evidencing the same shall
not be construed as a limitation of Consultant's obligation to indemnify City, its officers,
employees, contractors, subcontractors, or agents.
5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its
officers, employees, representatives and agents, from and against those actions, suits,
proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys'
fees, for injury to or death of person(s), for damage to property (including property owned by City)
and for errors and omissions committed by Consultant, its officers, employees and agents, which
arise out of Consultant's negligent performance under this Agreement, except to the extent of
such loss as may be caused by City's own negligence or that of its officers or employees.
5.3 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option:
Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
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b. Order Consultant to stop work under this Agreement and/or withhold any
payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies City
may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain
or secure appropriate policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Consultant may be held responsible for payments of
damages to persons or property resulting from Consultant's or its subcontractors' performance of
work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such
reports concerning Consultant's performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept
and prepared in accordance with generally accepted accounting principals. The Contract Officer
shall have full and free access to such books and records at all reasonable times, including the
right to inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records,
documents and other materials, whether in hard copy or electronic form, which are prepared by
Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of City and shall be delivered to City upon termination of this Agreement or upon
the earlier request of the Contract Officer, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all subcontractors
to. assign to City any documents or materials prepared by them, and in the event Consultant fails
to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said documents
and materials without written verification or adaptation by Consultant for the specific purpose
intended and causes to be made or makes any changes or alterations in said documents and
materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from
said change. The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records, documents and
other materials prepared by Consultant in the performance of services under this Agreement shall
not be released publicly without the prior written approval of the Contract Officer or as required
by law. Consultant shall not disclose to any other entity or person any information regarding the
activities of City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
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7.1 California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall
be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party in writing of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such notice and completes the
cure of such default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an immediate danger
to the health, safety and general welfare, City may take such immediate action as City deems
warranted. Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not be
a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to Consultant
sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably
believes were suffered by City due to the default of Consultant in the performance of the services
required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting
party on any default shall impair such right or remedy or be construed as a waiver. City's consent
or approval of any act by Consultant requiring City's consent or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, at law or at equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of
this Agreement, except as specifically provided in the following Section 7.8 for termination for
cause. City reserves the right to terminate this Agreement at any time, with or without cause,
upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for all services
rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3.
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7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant
to fulfill its obligations under this Agreement, City may, after compliance with the provisions of
Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and
Consultant shall be liable to the extent that the total cost for completion of the services required
hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable
efforts to mitigate such damages), and City may withhold any payments to Consultant for the
purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party arising
out of or in connection with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION.
8.1 Non -liability of City Officers and Emlloyees. No officer or employee of City shall be
personally liable to Consultant, or any successor in interest, in the event or any default or breach
by City or for any amount which may become due to Consultant or to its successor, or for breach
of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any personal interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which she or he is, directly or indirectly, interested, in
violation of any State statute or regulation. Consultant warrants that it has not paid or given and
will not pay or give . any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin or ancestry in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication either party
desires or is required to give the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail to the address set forth below. Either party
may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this section.
To City:
CITY OF LA QUINTA
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92253
Attention: Christine di lorio
To Consultant:
SFC CONSULTANTS.
26012 Marguerite Parkway, Suite H-424
Mission Viejo, CA 92692
Attention: Ms. Saundra Jacobs
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9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties
and all previous understanding, negotiations and agreements are integrated into and superseded
by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual consent of
the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
's-4- ZOe Q
Date
ATTEST:
EMIR
APPROVED AS TO FORM:
/i /"' - " �4 q V)
DAWN C. HONEYWELC, City Attorney
Date:
CITY OF LA QUINTA a,
California municipal corporation
THOMAS P. GENOVESE, City Manager
CONSULTANT, SFC CONSULTANTS
By: v -4
Name: J.n(k,
Title: P0'-.'r719fr;&rrJ
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Exhibit A
Scope of Services
See attached
Exhibit B
Schedule of Compensation
Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for
the actual hours submitted in conformance with Section 2.2 of the Agreement. Total
compensation for all work under this contract shall be $5,775.00 except as specified in Section
1.6 - Additional Services of the Agreement.
Exhibit C
Schedule of Performance
Consultant shall complete all services within ninety (90) calendar days from the date of this
Agreement.
FINAL ADDENDUM
ENVIRONMENTAL IMPACT REPORT
FOR
Green Specific Plan
Addendum to the Certified E/R
SCH# 94112047
Prepared For
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Contact: Ms. Christine Di lorio
Prepared By.
SFC Consultants
26012 Marguerite Parkway, Suite H424
Mission Viejo, CA 92692
Contact: Ms. Saundra F. Jacobs, REA
(949) 348-1233
May 5, 2001
Table of Contents
ITEM PAGE
Introduction 3
Role of the Addendum EIR 3
Decision to prepare an Addendum EIR 3
Background 4
Project Description 4
Approved EIR Project Description 4
Addendum Project Description 4
Findings and Facts
6
Land Use
6
Traffic and Circulation
6
Noise
7
Air Quality
8
Water Resources
9
Soils/Geology/Seismic
9
Hydrology
9
Biology
10
Aesthetics/Visual
13
Cultural Resources
13
Recreation
13
Population, Housing and Employment
14
Risk of Upset
14
Public Services and Utilities
15
Regional Location Map 16
Local Vicinity Map 17
Site Plan 18
W
Introduction
Role of the Addendum EIR
SFC Consultants (SFC) understands that the City of La Quinta, in compliance with the California
Environmental Quality Act (CEQA), as amended 1999, requires that an Addendum Environmental
Impact Report (AEIR) be prepared for minor additions or clarifications to the Final EIR for the
Travertine and Green Specific Plans (SCH# 94112047), certified as adequate on June 6, 1995.
Regional, Local and Site Plan Exhibits have been attached to this Addendum EIR.
Modifications are proposed to Parcel 3 of the Green Specific Plan by redirecting a private street
from within Parcel 2 of the Green property. A total of 1.8 acres, out of the 211.51 acres within
Parcel 4, will be disturbed. The private street is proposed to be extended from the northern most of
three potential entry points along Jefferson (However, no tentative tract maps or internal design
layouts have been approved by the City). The private street will be approximately 3,000 lineal feet
from Jefferson Street to the boundary of Parcel 3 within a right-of-way width of 50-feet. However,
only 1,600 lineal feet (1.8 acres) will cross through Parcel 4 were there was previously no
disturbance. Refer to the project description on Page 5 for this Addendum for a detailed
discussion.
The private street addition is proposed within the boundary of the Green Specific Plan area and will
require the following land use approvals:
An amendment to the Circulation Plan within the Green Specific Plan is required because
the original access to Parcel 3 was proposed from The Quarry developed to the north.
Access is now proposed from one of the three potential access points along Jefferson
Street within Parcel 2 (medium and low density land use), through Parcel 4 (open
space/recreation), to gain access to Parcel 3 (very low density land use).
A Conditional Use Permit is required to allow the private street to cross the hillside within
Parcel 3, per Zoning Code Section 9.1.40.040.
A parcel map for the subdivision of property is required in order to separate the open
space area (Parcel 4) from developable areas (Parcels 1, 2 and 4). The private street is
proposed as an easement from Jefferson Street to Parcel 3. The road will facilitate the
future development of Parcel 3.
No land use designations are proposed to change with the Addendum EIR.
The AEIR is the appropriate CEQA document based on CEQA Article 11, Section 15164(a, c, d, e),
Addendum to an EIR. These CEQA sections state the following:
Section 15164(a)
The lead agency or a responsible agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have occurred.
Section 15164(c)
An addendum need not be circulated for public review but can be included in or attached
to the final EIR or adopted negative declaration.
Section 15146(d)
The decision -making body shall consider the addendum with the final EIR or
adopted negative declaration prior to making a decision on the project.
Section 15164(e)
A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendum to an EIR, the lead agency's
findings on the project, or elsewhere in the record. The explanation must be
supported by substantial evidence.
Decision to prepare an Addendum EIR (Section 15164(e))
Pursuant to Section 15162, a brief explanation of the decision not to prepare a subsequent EIR has
been included in this Addendum EIR for inclusion with the City's findings on the project.
Section 15162(a)(1) — Substantial changes are not proposed and will not require major
revisions to the previous EIR.
The modification to Parcel 3 of the Green Specific Plan is a minor technical addition, as described
by CEQA Section 15161(a)(1), which will include redirecting a private street from within Parcel 2,
through the northern portion of Parcel 4. The Facts and Findings outlined in this Addendum EIR
are based on review of the previously approved Draft EIR and Technical Appendices, and Volumes
I and II of the Final EIR. Volume I of the Final EIR contains the Comments and Response to
Comments on the Draft EIR after public circulation. Volume II of the Final EIR contains the
Mitigation Monitoring Program, No significant new environmental impacts, not previously
addressed, are anticipated. Previous reports are applicable to the Green Specific Plan, as
proposed to be revised. The previously approved Mitigation Monitoring Program remains
applicable and enforceable.
Background
The Travertine and Green Specific Plans were both certified as adequate by the La Quinta City
Council on June 6, 1995. The Green Specific Plan development provides design guidelines and
development standards for 277 housing units on approximately 331 acres. Approximately 231
acres are above the toe of slope and have been reserved as open space. Access to Parcel 3 in
the northwest portion of the Green Property was originally proposed as an extension from The
Quarry residential and golf course development to the north of the site. Subsequent to approval in
1995, access from The Quarry has been changed to the proposed private street.
M
The Keith Companies (TKC) previously prepared the Draft and Final EIRs for the Travertine and
Green Specific Plans in March 1995. The Draft and Final EIR studied the impacts associated with
development of the Green and Travertine properties. Mitigation measures were outlined within a
Mitigation Monitoring Program with regard to mitigating impacts to less than significant levels. In
some cases, mitigation measures only mitigated impacts to the extent feasible. These impacts
were approved by the La Quinta City Council with overriding considerations. The private street
addition neither adds to existing impacts nor requires additional mitigation measures, which may
necessitate re -circulation of the document.
Project Description
Approved Green Specific Plan EIR Project Description
The Green Specific Plan project description included design guidelines and development standards
for 277 housing units on approximately 331 acres. Approximately 231 acres are above the toe of
slope and have been reserved as open space. The gross project density would be less than 1 unit
per acre. The three product types approved for the Green Specific Plan are as follows: 1) Cove
lots (medium density) with a minimum 8,000 square foot lot size, are located on the eastern portion
of the site; 2) Estate lots (low density) and Cove lots on 10,000 square foot minimum lots, with a
buffer on the open space areas on the west; and 3) Custom lots (very low density) located at the
northwestern corner of the project site adjacent to The Quarry development, which consists of
30,000 square foot lots.
Project access would be provided via three entry points off of the proposed Jefferson Street
alignment. Access to the ten custom lots in the northwest portion of the Green Property was
originally proposed as an extension from The Quarry residential and golf course development to
the north of the site. Subsequent to approval in 1995, and as discussed below in the Addendum
Project Description, access from The Quarry has been changed to the proposed private street.
Addendum Project Description
The project proponent proposes a modification to the Green Specific Plan by redirecting a private
street from within Parcel 2 of the Green property. The private street is proposed to be extended
westerly from the northern most of three potential entry points along Jefferson within the Green
property. The private street is proposed to be approximately 3,000 lineal feet from Jefferson to the
boundary of Parcel 3 with a right-of-way width of 50-feet. However, only 1,600 lineal feet will cross
through Parcel 4 were there was previously no disturbance proposed. Therefore, a total of 1.8
acres of land, out of the 211.51 acres within Parcel 4, will be disturbed. The access point from
Jefferson for this private street will likely be from the northeast corner of the Green property. A
secondary emergency access point will be required by the City through The Quarry development.
Findinas and Facts
The Travertine and Green Specific Plan EIR identified significant or potentially significant
environmental effects associated with the project covered in Section III of the EIR. The findings,
and facts supporting the findings, are required by Section 21081 of the California Environmental
Quality Act (CEQA) and Section 15091 of the State CEQA Guidelines. The Facts and Findings
previously approved in the EIR are still applicable and enforceable.
➢ Land Use:
The current zoning for the Green property consists of the following: LDR-Low Density
Residential. This zoning is based on Specific Plan 94-025 approved by the City of La Quinta
City Council in 1995.
Findings
The imposition and enforcement of the conditions and mitigation measures resolve
inconsistencies within existing City General Plan and zoning map designations. The
proposed private street will not require the conversion of any portion of previously
approved open space areas within the Green property.
Emergency access would be improved by the proposed Addendum Project. No significant,
short-term, or long-term negative impacts are anticipated. No cumulative negative impacts
are anticipated.
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. The proposed private street will not require the conversion of any portion of the
previously approved open space areas within the Green property.
➢ Traffic and Circulation:
A Traffic Impact Study was prepared by Endo Engineering in October 1994 for the Travertine
and Green Specific Plan EIR. The Traffic Impact Study provided the basis for the mitigation
outlined in the Certified EIR. Jefferson Street is not currently constructed and is proposed for
improvement as part of the developments for both Travertine and Green properties. The
Green Specific Plan provides three possible access points from Jefferson Street. No tentative
maps or street alignments have been approved by the City for the Green property. The current
Addendum EIR proposed for this private street extension would utilize one of the three access
points (northerly most). Access to Parcel 3 in the northwest portion of the Green property was
originally proposed as an extension from The Quarry residential and golf course development
6
to the north of the site. Subsequent to approval in 1995, access from The Quarry has been
changed to the proposed private street.
Findings
The capacity of a typical two-lane road is 10,000 to 12,000 vehicle trips per day. Parcel 3
(10-lots) within the Green property will generate approximately 150 trips per day. No
additional traffic impacts will be generated with the extension of the private street.
The private street addition will require an amendment to the Circulation Plan within the
Green Specific Plan, and as such, a Conditional Use Permit is required to allow the private
street within the hillside per Zoning Code Section 9.1.40.040, and parcel map for the
subdivision of property.
Access would be improved by the proposed Addendum Project. A secondary emergency
access point will be required by the City though The Quarry development. No significant,
short-term, or long-term negative impacts are anticipated. No cumulative negative impacts
are anticipated.
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. The proposed private street will not generate additional traffic impact not already
addressed in the Green Specific Plan EIR.
➢ Noise:
A Noise Impact Study was prepared by Endo Engineering in November 1994 for the Travertine
and Green Specific Plan EIR. The Noise Impact Study provided the basis for the mitigation
outlined in the Certified EIR.
Findings
Within the Draft and Final EIR, Parcel 3 was originally proposed to gain access from The
Quarry development to the north. The noise formerly associated with traffic within The
Quarry will be transferred to the new proposed access road. No additional noise impacts
will be generated with the extension of the road.
As noted above in the Traffic section, Parcel 3 within the Green property will generate
approximately 150 trips per day. These 150 vehicle trips will not increase the noise levels
not already discussed in the Travertine and Green Specific Plan Draft and Final EIR.
Noise related to construction of the road will be required to abide by the mitigation
measures approved within the Certified EIR.
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. The proposed private street will not generate additional noise impacts not already
addressed in the Green Specific Plan EIR.
➢ Air Quality:
An Air Quality Impact Study was prepared by Endo Engineering in November 1994 for the
Travertine and Green Specific Plan EIR. The Air Quality Impact Study provided the basis for
the mitigation outlined in the Certified EIR.
Findings
The air quality impacts associated with traffic from Parcel 3 was originally discussed and
mitigated to the extent feasible within the Travertine and Green Specific Plan Draft and
Final EIR. Significant short-term impacts to air quality will result with implementation of the
Green Specific Plan. However, no additional air quality impacts will be generated with the
extension of the road.
Air Quality impacts related to construction of the road will be required to abide by the
mitigation measures approved within the Final EIR.
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
The Green Specific Plan will result in significant short-term impacts to air quality (as
identified in the Certified EIR).
Overriding considerations were approved by the City Council for impacts within the
Green Specific Plan that remained significant after mitigation.
c. The proposed private street will not generate additional air quality impacts not already
addressed in the Green Specific Plan EIR,
➢ Water Resources:
Findings
Construction of the private road will not increase the water supply/demand or sewer needs
discussed in the Certified EIR.
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
The proposed private street will not generate additional water/sewer issues not already
addressed in the Green Specific Plan EIR.
➢ Soils/Geology/Seismic:
Findings
The private road extension would be constructed within Carsitas Gravelly Sand and would
not result in significant impacts from a soils and geology standpoint. In addition, the Green
property, including the proposed private street right-of-way, are not located on designated
prime agricultural soils, nor are they within the Coachella Valley Blowsand region.
Therefore, with implementation of the existing mitigation measures from the Certified EIR,
impacts associated with soil, geology and seismicity on the private road would be less than
significant. No additional soil, geology or seismic impacts will be generated with the
extension of the road.
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. The proposed private street will not generate additional soil, geology or seismic
impacts not already addressed in the Green Specific Plan EIR.
➢ Hydrology:
A stormwater analysis was prepared by Mainiero, Smith and Associates, Inc. August 29,
2000, and was performed for the proposed private street extension using the Riverside
County Flood Control/AES unit-hydrograph program. A summary of the stormwater
analysis has been provided below. The report in its entirety is available at the City of La
Quinta Public Works Department.
Findings
Surface drainage under the proposed private street flows from two watershed areas. One
watershed is approximately 320 acres in size, and the second is approxi ately 125 acres.
These two watershed areas would result in a combined 100-year (Q100) stormwater flow
of approximately 522 cubic feet per second (cfs). In order to contain 5221 cfs during a 100-
year storm event, a culvert at the road drainage crossing would be required. The
stormwater analysis indicates that a double box culvert, 5 feet wide by feet deep (each
barrel) would allow the lower flows to pass under the proposed road. The full capacity of
the double box culvert would be in excess of 1000 cfs without any debris.i
The imposition and enforcement of this condition and mitigation measur will substantially
reduce the significant, or potentially significant effects of the projl on hydrology.
Therefore, project impacts will be reduced to a level of insignificance.
Existing local hydrology and hydraulics would be marginally affected an improved by the
proposed project. No significant, short-term, or long-term nega�ve impacts are
p p j
anticipated. No cumulative negative impacts are anticipated.
Facts
The City Council has based its findings upon the project's Final EIR previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts;
a. The proposed improvements will help alleviate potential "washout" �f the new private
road.
➢ Biology:
A biological assessment was conducted for the Green property by Thomas Olsen Associates
in June 1994. The biological assessment provided the basis for the mitigat on outlined in the
Certified EIR.
Findings
✓ The imposition and enforcement of the conditions and mitigation ml
Draft and Final EIR attempt to mitigate biologically related imp
significant levels. However, the loss of natural habitat, prescribe(
species habitats (including the prairie falcon, blacktailed gnatca
shrike, desert tortoise, the Palm Springs Round -tailed Ground Squ
bat species habitat's), and the loss of sensitive plants species re
after mitigation. Cumulative impacts to the Sonoran Creosote Bush
woodland plant and animal communities remained significant and
mitigation.
,asures within the
acts to less than
I sensitive animal
:cher, loggerhead
iirrel and sensitive
rained significant
Scrub, desert dry
unavoidable after
10
In order to mitigate impacts to the extent feasible for the taking
species and the incremental loss of plant and animal communities
Valley, the following mitigation measure concerning the Mul
Conservation Plan (MSHCP) was required within the Final EIR for I
Green Specific Plans. One purpose of an area -wide mul
conservation plan was to provide a vehicle for property owners to rr
of otherwise irreplaceable biological resources.
Mitigation Measure 3.8.1 states that:
The City of La Quinta shall ensure, as proposed by the
Association of Governments, that mitigation/compensation fui
available to the Coachella Valley multi species planning pr(
habitat impacting activities (grading permit), due to this project.
be calculated on the basis of acreage of habitat disturbed, pu,
for fees which is equitably and uniformly applied throughout the
)f sensitive plant
ith the Coachella
-species Habitat
ie Travertine and
-species habitat
:iaate for the loss
achella Valley
shall be made
s prior to any
-h funds should
nt to a formula
ichella Valley.
The method of verification within the Monitoring Program f r this mitigation
measure is "Plan Review" by the Community Development Department. The Final
EIR also goes on to state that the City may choose to become the trustee of fund
contributed to CVAG until such time as the MSHCP is adopted.
✓ The biological studies prepared for the Green Specific Plan did not find desert tortoise
or Palm Springs Round -tailed Ground Squirrel habitat and therefore no mitigation was
required for this species.
✓ Since certification of the Draft and Final EIR for the Green Sp(
designation of both Essential and Critical Habitat for the Peninsular
been established by the US Fish and Wildlife Service. The Final Ell
and Green Specific Plans requires the following mitigation measure
impacts to the bighorn sheep. Although this mitigation measu
particularly for the Travertine Specific Plan, elements of the
applicable to the Green Specific Plan.
Mitigation Measure 3.8.3 states that:
The applicant shall ensure that a habitat management plan F
sheep is prepared by a biologist, reviewed by the Department
and implemented prior to issuance of grading permits.
management plant shall include the following measures. The:
required even if the preparation of the HMP is stalled or pn
adopted.
See the Travertine and Green Specific Plans Mitigation Mo
Program Checklist for the specific measures.
:ific Plan, a draft
ighorn sheep has
for the Travertine
i order to mitigate
was developed
ieasure are still
D for the bighorn
Fish and Game,
lements of the
measures will be
anted from being
ing and Reporting
m
The method of verification within the Monitoring Program for this mitigation
measure is "Approval from California Department of Fish and Ga e.,'
✓ Since certification of the Draft and Final EIR for the Green Specific Plan, the U.S. Army
Corps of Engineers have published new Nationwide Permits (N P) criteria, The
maximum impact allowed for most NWP's is %2 acre and formal A OE notification is
required where impacts exceed 1/10th acre. In addition, NWP 14 (road crossings) will
be limited to a maximum of 200 linear feet of all waters of the U.S.
The access road will require a box culvert for storm drainage of approximately 10 feet
in width. According to engineering calculations provided by the project engineer,
approximately 1/10th (0.10) acre of would be impacted. The sarne drainage was
crossed within The Quarry project to the north of the site.
✓ If blueline streams are located on the subject property and are subsequently impacted
by construction of the private street, the mitigation measures outlin d in the Certified
EIR will mitigate impacts to less than significant levels.
The following mitigation measures has been added to this Adde jdum EIR:
Based on the information obtained from a site visit by Department of Fish and
Game personnel, the Department has determined that a Lake 9ndlor Streambed
Alteration Agreement under Fish and Game Code Subsection 1,500 is required for
this project.
This mitigation measure is hereby incorporated into the Monitoring Program
prepared for the previously Certified Draft and Final EIR. The method of
verification within the Monitoring Program for this mitigation measure is "Approval
from California Department of Fish and Game." See TPM Exhibit.
✓ The proposed private street will not require the conversion of any p�rtion of previously
approved open space areas within the Green property.
Facts
The City Council has based its findings upon the project's Final EIR previous written
public comments, previous written responses to comments and all revious oral and
written testimony and other evidence presented at the public hearings 6n this project and
particularly the following facts:
a. Overriding considerations were approved by the City Council for impacts within the
Green Specific Plan that remained significant after mitigation.
b. Mitigation measures outlined in the Certified EIR for the Green S�ecific Plan will be
required for implementation of this Addendum EIR.
12
c. An additional mitigation measure has been added by the California D
and Game concerning a Lake and/or Streambed Alteration Agreemer
d. No new impacts not already addressed in the Certified EIR,
implementation of this Addendum EIR.
artment of Fish
Id result with
e. The proposed private street will not require the conversion of a y portion of the
previously approved open space areas within the Green property.
➢ AestheticsNisual:
Findings
The aesthetic impacts associated with ten lots was originally discus ed and mitigated
within the Travertine and Green Specific Plan Draft and Final EIR. No additional aesthetic
impacts will be generated with the extension of the private street
Facts
The City Council has based its findings upon the project's Final EIR' previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. The proposed private street will not generate additional aesthetic irr
addressed in the Green Specific Plan EIR.
y Cultural Resources:
A Cultural Resources Survey was conducted for the Green property by
Director of Cultural Resources with The Keith Companies in July 1994.
Findings
The Cultural Resources analysis prepared by Dr. Paul Chase for the G
property found no cultural resources. Dr. Chase confirmed for SF(
analysis encompassed the proposed road extension therefore, impli
proposed private street would not impact any new cultural resources. i`
required.
ipacts not already
Dr. Paul Chace,
yen Specific Plan
that the original
mentation of the
new studies are
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
13
a. The proposed private street will not generate additional cultural im acts not already
addressed in the Green Specific Plan EIR.
➢ Recreation:
Findings
Construction of the proposed private street would not result in the need r additional park
and recreational facilities within the Green Specific Plan area.
Facts
The City Council has based its findings upon the project's Final EIR, previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. The proposed private street will not generate the need for
recreational facilities within the Green Specific Plan EIR.
➢ Population, Housing and Employment:
Findings
No mitigations were originally proposed for this issue within the Green
However, project specific and cumulative population, housing and er
were considered significant and growth inducing within the certified EIR.
The addition of the private street will not increase the number of units
in the certified EIR.
itional parks or
is Plan EIR.
ent impacts
sly approved
Facts
The City Council has based its findings upon the project's Final EIR previous written
public comments, previous written responses to comments and all previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. Overriding considerations were approved by the City Council
impacts within the Green Specific Plan that remained significant
b. The proposed private street will not generate the need for
measures within the Green Specific Plan EIR.
growth inducing
mitigation.
itional mitigation
14
➢ Risk of Upset:
Findings
No impacts were anticipated on the Green Specific Plan property rel,
upset.
to the risk of
Facts
The City Council has based its findings upon the project's Final EIRI previous written
public comments, previous written responses to comments and all revious oral and
written testimony and other evidence presented at the public hearings co this project and
particularly the following facts:
a. The proposed private street will not create a new risk of upset Iwithin the Green
Specific Plan EIR.
Public Services and Utilities:
Findings
Law enforcement, fire protection, medical and transit services will benefi �ifrom construction
of the proposed private street. Schools, electricity, gas, telephone, cable service, solid
waste issues will not be impacted by construction of the private street.
Emergency access would be improved by the proposed Addendum Proj ct. No significant,
short-term, or long-term negative impacts are anticipated. No cumulativ negative impacts
are anticipated.
Facts
The City Council has based its findings upon the project's Final EI previous written
public comments, previous written responses to comments and all 'previous oral and
written testimony and other evidence presented at the public hearings on this project and
particularly the following facts:
a. The proposed private street will not generate the need for, additional public
services and utilities not already addressed in the Green Specifi Plan EIR.
15
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