Preparing an Environmental Impact Report for the
Lemoore Walmart Project
City of Lemoore
May 10, 2011
Project Overview
The 29.43-acre project site is located on the west side of the City of Lemoore. The project site is bounded by undeveloped land (west), the San Joaquin Valley Railroad and the Leprino Foods facility (north), Belle Haven Drive and undeveloped land (east), and Bush Street and undeveloped land (south). The site is designated “Regional Commercial” by the City of Lemoore 2030 General Plan and zoned “Central Commercial” by the Lemoore Zoning Ordinance.
CEI Engineering, on behalf of Walmart Stores, Inc., is proposing to develop just under 200,000 square feet of retail and restaurant uses on the project site. The site would be subdivided into two parcels, described as follows:
A 191,440-square-foot (including a 5,762-square-foot outdoor garden center) Walmart store would be
developed on a 19.77-acre parcel. Slightly more than half of the interior would be devoted to general merchandise sales, which will be adjoined by an outdoor garden center. Approximately 31,214 square feet of the interior sales floor area would be devoted to the sales of groceries, including fresh produce, meat, and alcohol. A food service area and various service uses, which may include uses such as a bank, vision center, pharmacy, medical clinic, and salon, are planned at the front of the store. The Walmart store entrance would face Bush Street. The store would be served by a four-bay enclosed loading dock in the rear of store. The Walmart store would operate 24 hours a day, 7 days a week.
A 0.92-acre outlot would be located in the southwest corner of the project site, adjacent to Bush
Street. The EIR will evaluate two alternate uses of this outlot area in equal levels of detail: (1) A 2,800-square-foot drive-thru restaurant; and (2) an on-site detention basin intended to capture the project site’s water runoff until the City’s storm drainage plans for the area are completed and formal connections are implemented, consistent with General Plan Policy COS-I-21 (requiring developers to construct and maintain permanent water control facilities for new development in the Westside to control storm water and protect areas from flooding; and General Plan Policy COS-1-20 requiring the City to impose temporary on-site storm drainage basins in development proposals, if needed, until the City’s storm drainage plans for the area are completed and formal connections are implemented). If the City’s regional water detention basin provides adequate capacity to handle the Walmart site’s runoff, the 0.92-acre outlot would then be available for commercial use.
A total of 935 parking spaces would be provided onsite. The project would involve the construction of a portion of Semas Drive along the western project frontage. In addition, the project would involve improvements to Bush Street along the project frontage. Vehicular access to the project site would be available from four locations: one point each on Belle Haven Drive and Bush Street and two points on Semas Drive.
Offsite potable water and sewer work will be required, including the installation of a water pipeline and a sewer pipeline.
The applicant may also enter into a development agreement with the City of Lemoore, which would constitute one of the project approvals and would be addressed in the EIR.
Approach and Proposed Work Plan
MBA has thoroughly reviewed the proposed project site plan and has retained highly qualified economic and traffic consultants to assist in preparing the EIR. We are poised to initiate work with the City and the applicant in preparation of the EIR and associated technical studies, in addition to providing a thorough peer-review of any assessments or studies performed by the applicant. MBA is prepared to take responsibility for the following tasks to assist the City and the applicant to the extent presented in the scope of work below:
Initiation and organization
Data compilation
Impact assessment
Development of mitigation measures
Compilation and distribution
Response to public comments on the Draft EIR
Public meetings and hearing attendance
Assistance in the coordination between the City and the MBA project team
Preparation of a mitigation monitoring and reporting program
Report format and content will be in full compliance with CEQA Guidelines. EIR organization will include existing conditions, impacts, and mitigation measures addressing typical issues. We will supplement text with graphics and summary tables to present information in a concise and easy-to-understand format.
The proposed scope of work that follows is organized into major tasks. Refinements to the scope of work, budget, and project schedule will be discussed during the initial task, if needed.
Task 1: Project Initiation
The MBA project manager will meet with City staff and the applicant to obtain information necessary for preparation of complete project and alternatives descriptions, establish early communication among various project team members, and become familiar with the issues and concerns identified for analysis.
To facilitate this process, MBA will:
Attend an initial orientation meeting with City staff and the applicant to review the proposed project
scope of work and confirm the elements that will be included in descriptions of the project and alternatives to the proposed project.
Ensure the receipt of complete project information from the City and the applicant to be used in
developing an EIR project description. Information will include project objectives, land use data and statistical summary, and graphics.
Receive alternative site criteria, conceptual site plans, land use data, and narrative program
descriptions of project alternatives from the City and the applicant sufficient to develop the EIR description of alternatives to the proposed project.
Refine the project schedule based upon information discussed at the initial meeting, if needed.
Receive all existing reference and research materials related to the project, the project site and
vicinity, including base maps, aerial photographs, relevant environmental documentation related to the City’s General Plan and other nearby projects (i.e. Leprino Foods expansion, West Hills College), information regarding the City’s newly-adopted West Side Traffic Fee Program and related
documentation as may be needed by KHA to prepare the traffic impact study for the project. Review of site-specific data, conduct a field visit, interview City staff and applicant to document baseline conditions, and review the City’s CEQA procedures, as appropriate.
Task 2: Notice of Preparation and Scoping Meeting
MBA will prepare a Notice of Preparation (NOP) in accordance with requirements of CEQA Guidelines Section 15082. Issuance of the NOP is the first milestone in the CEQA process and announces a lead agency’s intent to prepare an EIR. The NOP will identify the project location, provide a summary of the proposed project, and
list probable environmental effects, supported by color graphics. MBA will be responsible for distributing the NOP to the State Clearinghouse and will provide copies to the City for local distribution. An Initial Study will not be prepared, pursuant to CEQA Guidelines Section 15060(d).
Following release of the NOP, this scope of work assumes that the City will hold a scoping meeting in Lemoore, which MBA representatives will attend. MBA will be available to present an overview of the NOP and CEQA process at the scoping meeting. All public comments received at the scoping meeting will be documented in the Draft EIR.
Deliverables:
One (1) electronic version (via email) of the draft NOP
Fifteen (15) hard copies of the final NOP and the Notice of Completion to the State Clearinghouse
Ten (10) hard copies and one (1) electronic version (via email) of the final NOP to the City of Lemoore
Task 3: Administrative Draft EIR
MBA will prepare an Administrative Draft EIR in accordance with the applicable requirements contained in CEQA Guidelines Sections 15120 through 15132. The Administrative Draft EIR will contain analysis supported by studies, surveys, graphics and tables. The document will identify potentially significant impacts, feasible mitigation measures, and the residual significance after mitigation has been implemented. This scope of work assumes that the level of detail and depth of analysis in the Lemoore Walmart EIR will be consistent with the recently certified Walmart EIRs prepared for the Cities of Patterson and Los Banos, CA and will tier from portions of the City’s General Plan Update 2030 EIR, certified in 2008, as appropriate. The contents of the Administrative Draft EIR will be as follows:
Executive Summary
MBA will prepare a summary presenting the significant conclusions of the EIR in a manner that is easy to understand. A summary table format will be used to identify the significant impacts and the effectiveness of the recommended mitigation measures. A summary of the alternatives analyses, issues still to be resolved, and issues subject to potential controversy will be presented, as required by CEQA compliance procedures. Introduction
MBA will prepare the introduction including the purpose and background of the project, the determination of the lead agency, scope of the EIR, and the document’s organization.
Project Description
One of the first key actions will be to formulate a working description for the project and project alternatives. MBA will work with the City to prepare a description that articulates the project’s overall objectives. MBA will prepare the project description section of the EIR, based upon information provided during project initiation and comments received on the NOP, to include:
Regional and local setting
Project history
Project goals and objectives
Intended uses of the EIR (as required by CEQA Guidelines Section 15124(d)) will be provided, including a list of responsible and other agencies expected to use the EIR in decision making, and a list of approvals for which the EIR will be used.
The project description will also describe the tiering process that is set forth in CEQA Guidelines Section 15152 and identify the topical areas that will tier-off the analysis and conclusions contained in the City of Lemoore General Plan EIR. A short summary of the General Plan 2030 EIR’s conclusions from each topical section will be provided and an explanation as to why the proposed project would not yield a more severe finding that previously disclosed would be provided. Based on MBA’s review of the project plans and General Plan EIR, the following topical areas are adequately addressed in the City’s General Plan 2030 EIR and are anticipated to be tiered:
Agricultural Resources (depending on findings of Land Evaluation and Site Assessment model)
Aesthetics, Light, and Glare
Geology, Soils, and Seismicity
Hazards and Hazardous Materials
Land Use
In addition, certain issues within other topical areas are anticipated to be tiered as well (e.g., public services— landfill capacity).
Establishment of Thresholds of Significance.
MBA will work with the City to establish thresholds of significance for each environmental issue to be addressed in the EIR. In addition to the general standards of significance identified in the CEQA Guidelines, there are established thresholds applicable to this project including but not limited to air quality and greenhouse gas emissions (San Joaquin Valley Air Pollution Control District [SJVAPCD]), hydrology and water quality (City, Regional Water Quality Control Board), noise (City), traffic (City and Caltrans), and energy (Appendix F, Energy Conservation, CEQA Guidelines). The thresholds will be stated in each topical section of the EIR to illustrate the analytical process used to identify potential project effects.
Effects Identified as Potentially Significant.
MBA will conduct an environmental analysis of the proposed project to include the documentation of baseline conditions, conducting project and cumulative impact evaluations, and formulating mitigation measures for each environmental issue. We have included in this scope of work technical studies or analysis of air quality and greenhouse gas emissions, biological resources, cultural resources, noise, traffic, and urban decay. We assume the project applicant’s engineer will provide the following technical studies or documents for our use in preparing the EIR: Phase I Environmental Site Assessment, hydrology and drainage study, and utility loads projections. MBA will review the studies and data for CEQA adequacy. After determining the studies are adequate, we will summarize and incorporate them into the EIR. Traffic analysis and an economic study (urban decay) will be conducted by Kimley-Horn and Associates, Inc. and the Natelson Dale Group, respectively. The MBA project team will address the remaining issues in the EIR. The following issues are anticipated to be of primary concern:
Air Quality and Greenhouse Gas Emissions
Biological Resources
Cultural Resources
Hydrology and Water Quality
Public Services and Utilities
Transportation
Urban Decay
MBA understands this list is not exhaustive and may be supplemented with additional issues following the initial meeting with the City and project scoping.
Because the EIR will consider both the development of a drive-thru restaurant or a detention basin on the 0.92-acre outlot abutting the Bush Street / Semas Drive intersection, the analysis within certain topical sections will consider the “worst case” scenario of the two options. For example, the drive-thru restaurant would generate new vehicle trips, while the detention basin would not, and, therefore, this option will be used for assessing operational-related impacts to air quality, noise, and transportation. Likewise, construction of the detention basin could potentially result in more intensive grading activities than the drive-thru restaurant and, therefore, this option would be used for assessing construction-related impacts associated with air quality and noise.
Air Quality and Greenhouse Gas Emissions. MBA will prepare an Air Quality Analysis that will quantify project emissions and identify mitigation measures to reduce potentially significant air quality impacts to the extent feasible. A detailed discussion of MBA’s scope of work for an air quality study is provided below.
Subtask AQ 1 - Data Collection. MBA will collect relevant project and site background information,
including base graphics showing the project area and vicinity, the proposed project and adjacent land uses, and a copy of the traffic study prepared for the project. Ambient air quality data for the project area will be collected from the SJVAPCD and the California Air Resources Board (CARB). We will identify the current attainment status of federal and state standards, and current SJVAPCD attainment plans. Project description and related documents will be reviewed for potential air quality impacts and to identify project design features and sustainability features that help reduce air quality impacts.
Subtask AQ 2 - Emissions Calculations. Construction and operational emissions will be estimated
using emission factors and methodologies developed by CARB, SJVAPCD, and other agencies. Construction and operational emissions will be quantified using the URBEMIS 2007 Version 9.2 transportation and land use program. Vehicle emission factors will be generated for the proposed project using CARB’s EMFAC2007 v2.3. Our operational analysis will evaluate the increase in operational emissions above the existing site operations that are attributable to the proposed project, and quantitatively or qualitatively include project design features and sustainability features as appropriate.
In addition, we will identify how compliance with SJVAPCD Rule 9510 (Indirect Source Review) requirements will reduce air quality impacts from the project, and will provide a concise list of project design features that may be used towards compliance of Rule 9510 emission reduction requirements.
The localized impact assessment will include a CO Hot-Spot Analysis. If preliminary screening indicates that potential exists for a CO hot spot, a minimum of three intersections will be evaluated. These intersections would have the highest potential for congestion using the California Department of Transportation CALINE4 and the EMFAC2007 models. If these intersections are predicted to exceed the CO standard, remaining intersections that meet the criteria for further analysis will also be modeled for CO hotspot impacts. Up to ten intersections may be evaluated.
The SJVAPCD now requests that air quality impact assessments include dispersion modeling to determine if the project would result in an exceedance of the new federal nitrogen dioxide (NO2) standard in the immediate vicinity of the project site during operation. This assessment will use the same input data as required to prepare the health risk assessment.
Subtask AQ 3 - Health Risk Assessment. MBA will prepare a stand-alone Health Risk Assessment
that will identify cancer and non-cancer risks at nearby sensitive receptors. In accordance with SJVAPCD guidance, MBA will evaluate health risks associated with diesel particulate matter from truck operations (including Transportation Refrigeration Units) and polycyclic aromatic
hydrocarbon and naphthalene emissions from the proposed fast food restaurant. Emissions will be calculated using the EPA’s AERMOD air dispersion model and SJVAPCD guidance for air dispersion modeling.
Toxic air contaminant emission factors will be generated using approved methodologies from the CARB, SJVAPCD, or EPA for relevant mobile sources and other sources of toxic air contaminant emissions. Various emission parameters—including location on the project site, operational profiles, and emission rates required to perform the air quality analysis—will be established. Such informational needs include a site plan, expected inventory of delivery trucks to each of the project’s loading docks, and Transportation Refrigeration Unit use data. Note some of these items may not be readily available. In this case, every effort will be made to quantify these items using the best available information for comparable data sources.
Cancer and non-cancer health risks associated with project-generated emissions will be predicted using the cancer risk potency factor method for cancer risk due to diesel particulates, and the Reference Exposure Level for non-cancer health risks of diesel particulates, developed by Office of Environmental Health Hazard Assessment. The appropriate modeling information will be used to identify the maximum exposed individual resident, the maximum exposed individual worker, and the maximum individual cancer risk.
Subtask AQ 4 – Climate Change Analysis. The Air Quality section of the EIR will describe the
basics of climate change and provide the federal, state, and local regulatory environment for climate change and greenhouse gases. The analysis will follow guidance in the San Joaquin Valley Air Pollution Control District’s Guidelines adopted in December 2009 and the CEQA Guidelines as amended in December 2009.
The Natural Resources Agency approved CEQA Guidelines Amendments pursuant to SB 97 pertaining to greenhouse gas emissions on December 30 2009. The CEQA Guideline
Amendments include two new checklist questions pertaining to greenhouse gas emissions, listed below:
– Would the project generate greenhouse gas emissions, either directly or indirectly, that may
have a significant impact on the environment?
– Would the project conflict with any applicable plan, policy or regulation of an agency adopted
to reduce the emissions of greenhouse gases?
The analysis would include project design features and sustainability measures that reduce direct and indirect greenhouse gas emissions from the project. MBA will assess the project’s
implementation of current California greenhouse gas emission reduction strategies. The SJVAPCD threshold for greenhouse gases is based on achieving a 29-percent reduction from business as usual emissions in 2020 including regulations that result in reductions during that time-period and mitigation measures and design features applied to the project to reduce emissions. MBA will use this approach to significance for climate change impacts.
Subtask AQ 5 – Develop Mitigation Measures. The air quality analysis will address reasonable ways to mitigate air pollutant and greenhouse gas emissions through strategies such as
construction best practices, energy conservation, shorter or fewer vehicle trips, increased use of alternative transportation, etc.
Subtask AQ 6 – Ambient Air Quality Analysis. In accordance with the SJVAPCD’s air dispersion
modeling guidance, MBA will apply the USEPA AERMOD air dispersion model to estimate
concentrations of the various criteria pollutants including recognition of the new federal nitrogen dioxide and sulfur dioxide air quality standards. A point source representation of idling trucks and transport refrigeration units will be applied in the air dispersion modeling. The resulting air quality impacts will be compared to the applicable ambient air quality standards and significance
thresholds defined in Subtask AQ 1. MBA will gather the relevant information on sources of truck emissions and receptor locations as well as the proposed project site plan that were identified in the EIR.
MBA will summarize the findings of the Air Quality Analysis, Health Risk Assessment, and Climate Change Analysis in the EIR. The Health Risk Assessment, and detailed emission calculations and modeling outputs from the Air Quality Analysis will be provided as an appendix to the EIR.
Deliverables - Technical Study
- Criteria and greenhouse gas emissions modeling data (prepared by MBA) - Health Risk Assessment (prepared by MBA)
Biological Resources. The project site was previously assessed for the potential presence of biological resources in 2008 by Rincon Consultants. Because the land use characteristics of the project site have not visibly changed since that time, MBA proposes to have a qualified biologist conduct a field survey to re-confirm the previous findings. (In the event that the biologist determines that significant changes have occurred that may result in more severe impacts that originally disclosed by the Rincon study, MBA will prepare a stand-alone biological resources assessment as part of a separate scope and fee.) MBA will summarize the 2008 Rincon Consultants report and findings of the MBA survey in the EIR and recommend mitigation measures as appropriate.
Please note that MBA’s review of the aerial photographs indicates that there are no major water features within the project boundaries. As such, this scope of work does not include a Jurisdictional Delineation. If, in the course of field reconnaissance, it is determined that potential “Waters of United States” are present within the project boundaries, MBA will prepare a separate scope and fee for a Jurisdictional Delineation.
Deliverables - Technical Study
- 2008 Biological Resources Report and supplemental maps and field data (prepared by MBA), if necessary
Cultural Resources. The project boundaries contained undeveloped land and, therefore, may contain previously undiscovered, subsurface cultural resources. As such, MBA will prepare a cultural
resources analysis to evaluate the potential for discovery of undiscovered, subsurface cultural resources. The analysis will involve the following activities:
Review of any previous cultural documentation prepared for the project site
Record searches at the Southern San Joaquin Valley Information Center and the Native American
A field survey consisting of transect intervals of 15 to 20 meters walked in a zigzag pattern to ensure complete coverage
The preparation of an EIR section that will detail the results of the record searches, field
investigation, and any resources discovered, and identify recommended measures (as necessary) MBA will summarize our findings in the EIR and include maps, field data, etc. as an appendix to the EIR.
Deliverables - Technical Study
- Maps, field data, etc. (prepared by MBA)
Hydrology and Water Quality. The proposed project would involve construction and operation activities that have the potential to generate polluted runoff, increase impervious surface coverage, and create downstream drainage problems. MBA will evaluate the hydrologic and water quality conditions within the project site and evaluate potential impacts that may occur from proposed project. MBA will use information provided by the project applicant about the feasibility of the proposed on-site detention basin located on the 0.92-acre outlot area and stormwater pollution prevention measures, and information from the City regarding existing and proposed drainage facilities, and planned upgrades to existing facilities that may alleviate the need for an on-site detention basin. MBA will also review readily available information from authoritative information sources about local hydrological conditions (e.g., waterways, drainage patterns, etc.). MBA will also obtain from the City all documentation relating to the City’s stormwater basin that is utilized by West Hills College and others, including documentation relating to any recent upgrades to the basin or changes to the amount of discharge permitted by the college into the basin. MBA will summarize the findings of this research in the EIR.
Noise. The proposed project would have the potential to create noise and vibration impacts that could adversely affect surrounding land uses. MBA will prepare a Noise Analysis, which will consist of:
Subtask Noise 1 – Data Collection. Identify transportation-related noise sources such as major
arterial roadways, railroads, and aircraft noise, and stationary (non-transportation related) noise impacts from land uses adjacent to the project study area. The purpose of this sub-task is to characterize the existing ambient noise environment in order to identify the predominant noise sources. As part of this sub-task, the applicable noise regulations and thresholds of significance will also be identified.
Subtask Noise 2 - Noise Monitoring. Evaluate the existing noise environment and obtain up to
eight (8) short-term noise measurements and up to four (4) 24-hour noise measurements both on and in the vicinity of the project site in order to determine the ambient noise conditions and to obtain reference noise measurements of the existing onsite stationary noise sources. Onsite noise measurements at a comparable Walmart location will capture the noise generated from specific noise sources (e.g., outdoor garden center, trash compactor, parking lot activities, etc.), and loading dock operations, which outlines procedure for noise measurement).
Subtask Noise 3 - Noise Modeling. Utilize SoundPlan Version 7.0 with the FHWA TNM algorithm
and the reference construction equipment noise level provided by the Federal Highway Administration’s Roadway Construction Noise Model (RCNM) Version 1.00 to analyze potential noise impacts associated with construction activities and identify measures to minimize the noise impacts. Analyze potential vibration impacts associated with construction activities through application of the methodology used in the Transportation- and Construction-Induced Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans.
– Utilize a version of the Federal Highway Administration (FHWA) prediction model to calculate the existing and future offsite traffic noise contours at up to twenty (20) roadway segments. MBA will use the roadway traffic data provided in the Traffic Study prepared for the proposed project.
– Calculate the future project exterior traffic noise contributions by comparing the pre-project
and post-project noise contours on the study area roadways and compare the results with the City of Lemoore exterior noise standards.
– Calculate the future interior noise levels at nearby sensitive receptors based on the FHWA
prediction model for the long-term with project traffic scenario and compare the results with the City of Lemoore interior noise standards
– Utilize SoundPlan Version 7.0 with the FHWA TNM algorithm to calculate the onsite vehicular
noise impacts from the surrounding roadways and provide noise contours of the traffic noise impacts.
– Utilize SoundPlan Version 7.0 to calculate the onsite stationary noise impacts onto the nearby
sensitive receptors from the following operational features: roof-mounted mechanical equipment, loading dock areas including fork lifts, TRUs, truck routes, parking lot activities (e.g., street sweeping), trash compactors and from any other stationary noise sources identified during the development of the EIR’s noise analysis, and provide noise contours of the stationary noise impacts.
– Analyze the Project’s combined operations-related traffic noise and the stationary
source/operational noise source impacts, provide noise contours documenting the forecasted near-term and long-term combined noise levels for the project site and compare the results with the applicable City of Lemoore noise standards. Recommend mitigation, if and as appropriate.
– Analyze potential vibration impacts associated with the ongoing operations activities,
including potential impacts from mechanical equipment and from onsite truck routes through application of the methodology used in the Vibration Guidance Manual, prepared for Caltrans.
Subtask Noise 4 – Prepare Noise Technical Appendix. MBA will present the results of the noise
analysis in the EIR noise section. The modeling results and technical analysis will be compiled in a technical appendix to the EIR.
Deliverables - Technical Study
- Noise modeling data (prepared by MBA)
Public Services and Utilities. MBA will evaluate existing public service and utility service levels within the project vicinity and evaluate potential impacts that may occur from the proposed project. In particular, MBA will consider the effects of 24-hour store operations on public service providers. MBA will consult with affected public service and utility purveyors to assess potential impacts of the proposed project affect. This work plan assumes that the project applicant will provide information about the proposed project’s utility loads and drainage information. In addition, this work plan assumes the City or the relevant water agency will provide MBA with a copy of all water supply planning documents, including the most recent documentation and any prior documentation that remains in the City’s files that addressed the same topics or issues (e.g., the Urban Water
Management Plan, water supply evaluations, etc). The following services, facilities, and utility systems will be analyzed:
- Police Protection
- Water Supply
- Wastewater
- Storm Drainage
- Solid waste
- Energy (Appendix F of the CEQA Guidelines)
Questionnaires describing the proposed project will be sent to all service and utility agencies. Answers will be requested to document existing and planned facilities’ current and planned usages and excess capacities. The additional capacity required to meet projected needs will be described. MBA will assess anticipated impacts and recommend appropriate mitigation measures.
Transportation. The proposed project would generate new trips, alter traffic circulation patterns, create a need for roadway improvements, and increase the use of public transit, bicycle, and
pedestrian modes of transportation. MBA has retained Kimley-Horn and Associates (KHA) to evaluate transportation-related impacts. KHA’s scope is as follows:
Subtask Trans 1 – Data Collection and Review: Several elements of information will be needed to
complete the traffic analysis. KHA will work with MBA, the project applicant, City of Lemoore, Kings County Association of Governments (KCAG), Caltrans, and Dowling Associates to receive the following:
– Project site plan showing building square footage, accesses, parking, proposed uses, hours of
operation, etc.
– Inventory of existing street network and traffic signal operations.
– List of programmed street improvements to be in place at the time the project is completed
by 2014 or will be completed in the cumulative horizon year (2035).
– List of past, approved and pending projects that will add traffic to the study area roadways by
the project’s opening year (2014), including traffic studies of approved developments.
– Adopted traffic impact fee program information, including documentation and staff reports
regarding the 2010 adoption of the West Side Fee Traffic Program, reimbursement
provisions/ procedures applicable to the applicant and the underlying traffic study supporting the Fee Program.
– Year 2035 future year cumulative travel forecast information from KCAG or their approved
traffic consultant (i.e. Dowling Associates).
Because of the size of the proposed project, several intersections may be affected and will therefore be studied. Based upon prior consultation the City, KHA has identified the following intersections for evaluation in the traffic impact study:
– 1. Bush Street/Belle Haven Drive
– 2. Bush Street/SR-41 Southbound Ramps
– 3. Bush Street/ SR-41 Northbound Ramps
– 4. Bush Street/ 19½ Avenue
– 5. Bush Street/19th Avenue
– 6. Hanford Armona Road/Belle Haven Drive
– 7. Hanford Armona Road/SR-41
– 8. SR-198 Westbound Ramps/SR-41
– 10. SR-198/19th Avenue
– 11. SR-198 Westbound Ramp/Lemoore Avenue
– 12. SR-198 Eastbound Ramp/Lemoore Avenue
– 13. Bush Street/Semas Avenue (future)
– 14. Bush Street/Walmart Access (future)
– 15. Walmart/Belle Haven Drive (future)
Level of service at signalized study intersections will be evaluated using Highway Capacity Manual 2000 methodology within SYNCHRO software. Stop controlled intersections will be evaluated using Highway Capacity Manual 2000 unsignalized methodology from SYNCHRO software. Signal settings in the SYNCHRO software will correspond to recommendations provided by Caltrans in a letter dated May 28, 2010 to KHA.
In addition, at the request of Caltrans, the following highway segments will also be studied:
– 1. Northbound SR-41 between SR-198 and Bush Street
– 2. Northbound SR-41 between Bush Street and Hanford Armona Road
– 3. Southbound SR-41 between Hanford Armona Road and Bush Street
– 4. Southbound SR-41 between Bush Street and SR-198
– 5. Westbound SR-198 between 19th Avenue and SR-41
– Level of service on highway segments will be evaluated using Highway Capacity Manual 2000
methodology.
KHA will meet with the City of Lemoore and Caltrans to understand their preferred approach to the impact study and prepare a memorandum detailing the basis of assumptions prior to completion of any analysis. The purpose of this memorandum is to memorialize the analysis assumptions so that the traffic study can proceed without risk of later change to the assumptions. The City and Caltrans will be requested via email to confirm their agreement of the appropriate assumptions to be incorporated into the traffic study.
Additional locations can be completed as an additional service if needed. KHA will collect weekday AM and PM peak period intersection turning movement counts for the existing study intersections. Traffic counts will be collected on Tuesday, Wednesday, or Thursday when local schools are in session. Traffic counts will also be collected at midday on a Saturday at the same intersections.
MBA and KHA will reconfirm intersection configurations and roadways in the vicinity of the study intersections since some have changed since the earlier TIS. Other factors such as nearby transit service and bicycle and pedestrian facilities will be reconfirmed. This information will be used during the analysis of the different development conditions and in recommendations contained in the traffic report.
In order for MBA and KHA to conduct the traffic analysis, the City will provide MBA a list of past, pending and approved projects (i.e. location, size, type, etc.) within the traffic study area. This information will be used to identify the opening day increases in background traffic that will exist in the “without project” scenario, i.e. regardless of the Walmart. This information was collected previously but the passage of time necessitates the City’s compilation of an accurate list to be used during the preparation of the EIR.
MBA and KHA will also coordinate with KCAG (or their designated transportation consultant) to receive the most recent travel forecast model projections for use in the cumulative analysis. Requested information will include calibration year model run and City General Plan 2035 buildout year model run without project. Because of the downturn in the development market, KHA will coordinate with the City and KCAG to request that KCAG update land uses in the travel forecast model to reflect a more realistic growth assumption.
Subtask Trans 2 –Existing Traffic Conditions Analysis (2011): KHA will conduct an existing (2011)
analysis of existing AM and PM peak hour level of service and vehicle queuing. This step in the analysis establishes the baseline of traffic operations at the study intersections. Peak hour traffic signal warrants at unsignalized intersections will be checked using Warrant 3 of the California Manual on Uniform Traffic Control Devices (MUTCD).
Subtask Trans 3 –Existing Plus Project Traffic Conditions Analysis (2011): Existing plus project
traffic volumes will be evaluated to determine levels of service and vehicle queuing under this development condition. Peak hour traffic signal warrants at unsignalized intersections will be checked using Warrant 3 of the California MUTCD.
Subtask Trans 4 – Near-Term Traffic Conditions Analysis (2014): Approved and pending
development traffic, as referenced above, will be added to the existing traffic volumes to
determine near-term background traffic volumes for the 2014 opening year scenario. Near-Term background traffic volumes will be evaluated to determine background levels of service and vehicle queuing under this development condition. This step in the analysis makes it possible to identify what near-term traffic impacts are expected, regardless of the proposed project. Peak hour traffic signal warrants at unsignalized intersections will be checked using Warrant 3 of the California MUTCD.
Subtask Trans 5 – Project Trip Generation, Distribution, and Assignment: KHA will prepare trip
generation, distribution, and assignment for the proposed project. Trip generation rates will be obtained from the current edition of Trip Generation published by the Institute of Transportation Engineers. Trip generation will be adjusted as appropriate and in consideration of the effects of nearby uses, access to alternative modes, pass-by trips, and other trip reduction factors. Distribution and assignment to the roadway network will be based on existing traffic distribution information collected from traffic counts, locations of complimentary land uses, and forecast data. KHA will also prepare trip generation for up to three other project alternatives. Trip generation for the alternatives will be summarized in a table to be submitted separate from the impact study.
Subtask Trans 6 – Near-Term Plus Project Traffic Conditions Analysis (2014): Total near-term plus
project traffic volumes will be evaluated to determine levels of service and vehicle queuing under this development condition. Peak hour traffic signal warrants at unsignalized intersections will be checked using Warrant 3 of the California MUTCD.
Subtask Trans 7 –Cumulative Analysis Without Project (2035): Traffic forecasts provided by KCAG
will be furnished to generate cumulative turning movement counts. Based on the forecast we will conduct an analysis of future AM and PM peak hour traffic conditions and vehicle queuing. This step in the analysis makes it possible to identify what long-term cumulative traffic impacts are expected, regardless of the proposed project.
Subtask Trans 8 –Cumulative Analysis With Project (2035): KHA will add project traffic to the
cumulative forecast data to determine the increase in traffic volumes within the study area based on the proposed project. Based on the forecast we will conduct an analysis of future AM and PM peak hour traffic conditions and vehicle queuing with the project.
Subtask Trans 9 – Multi-Modal Connections: KHA will evaluate the project in connection with nearby transit, bicycle, and pedestrian facilities. We will recommend improvements or modifications as deemed necessary.
Subtask Trans 10 – Railroad Crossing Evaluation: After early consultation with the California
Public Utilities Commission (CPUC), MBA/KHA will evaluate the project’s potential impacts on the operation of the at-grade railroad crossing on Belle Haven Drive north of the project site. Observations will focus on railroad conflicts with vehicular, pedestrian, and bicycle traffic, as well as potential blocking of the crossings by queued traffic or unsafe traffic practices. The effect of project traffic on the operation of the crossings will also be considered and comments provided by the CPUC will be addressed in the resulting analysis. Results of the observations and evaluation will be documented in the traffic report along with recommended improvements, if needed. Recommendations will be in harmony with improvements the City previously required the nearby Leprino Foods to implement when its expansion was approved.
Subtask Trans 11 – Saturday Analysis: KHA will prepare an analysis of traffic impacts as outlined
in Subtask Trans 2 through Subtask Trans 8. Results of the analysis will be documented in the traffic report. If Saturday traffic counts confirm that weekend traffic levels are less than weekday levels, KHA will consult with MBA to determine if it is still necessary to perform detailed Saturday analysis at study intersections.
Subtask Trans 12 – Mitigation Analysis and Recommendations: Working with MBA, KHA will
identify locations and facilities that would be impacted by the proposed project and make recommendations for improvements to mitigate the project’s impacts. Potential transportation impacts during site construction activities will also be identified and recommended mitigation will be included in the TIS.
Mitigation is anticipated to consist of, as appropriate for the particular impact: the payment of City traffic impact fees; fair share contributions toward roadway improvements that are not included in the City’s traffic fee program for the Westside; and for some opening-day impacts, physical improvements to the roads abutting the Project site, with offsets against traffic impact fees provided, as appropriate, in cases where the applicant is not 100% responsible for the improvement being constructed.
KHA will prepare calculations regarding the project’s fair share contributions towards traffic mitigation improvements identified in the traffic impact study that are not included in the City’s Westside Traffic Fee Program. Calculations will follow Caltrans methodology contained in Guide for the Preparation of Traffic Impact Studies. Those fair share calculations shall serve as the basis for (1) the applicant’s payment to the City toward the cost of the construction of a future improvement for which the applicant bears only a percentage of the responsibility and (2) identifying the applicant’s potential eligibility for reimbursement for opening day improvements.
Subtask Trans 13 – Site Circulation Evaluation: KHA will evaluate on-site operational aspects such
as vehicular access and internal circulation, vehicle queuing at project driveways, adequacy of parking, delivery truck access and circulation, pedestrian and bicycle access and circulation.
Subtask Trans 14 – Draft Traffic Report: KHA will prepare a stand-alone traffic report for
preliminary review. The draft report will include text, charts, and figures describing the process, assumptions, and results. The report will specifically detail impacts from project traffic and recommended mitigation measures. Based on comments received on the draft traffic report from the EIR consultant, the report will be revised and included in the Administrative Draft EIR for review by City staff. Based on comments received from City staff, the CPUC and Caltrans on the Administrative Draft Traffic Report, the report will be revised as appropriate for inclusion into the
Draft EIR. It is assumed that responses to these comments will not exceed more than 15 hours of KHA staff time.
Subtask Trans 15 – Response to Comments: MBA and KHA will work together to prepare
responses to public agency and public comments on the traffic report and the corresponding section of the Draft EIR. Minor revisions to the traffic report are envisioned after all comments are provided. Any report modifications will be made through an errata section to be included in the Final EIR. Response to Draft EIR comments is assumed to include up to 30 hours of KHA staff time.
Subtask Trans 16 – Meetings: KHA will participate in up to one meeting with City staff, Caltrans,
the CPUC, and one with KCAG staff (or their transportation consultant) in the preparation of the traffic impact study. This Scope of Work also assumes KHA’s attendance at three public hearings. If KHA’s attendance at other meetings or public hearings is requested, such attendance may be subject to a contract amendment, as discussed below.
MBA will summarize the Transportation Impact Study in the EIR and include the complete technical report as an appendix to the EIR.
Deliverables - Technical Study
- Traffic Study (prepared by KHA)
Urban Decay. “Urban decay,” the potential for physical deterioration of commercial properties that are negatively affected by the introduction of new retail uses into the marketplace, has been the subject of significant scrutiny and litigation for retail projects during the past decade. Accordingly, MBA has retained The Natelson Dale Group, Inc. (TNDG) to evaluate urban decay-related impacts. TNDG’s scope is as follows:
Subtask UD 1 - Evaluation of Potential Impacts to Existing Retail Centers/Districts: Evaluation of
this issue would involve the following activities:
– Define the relevant trade area(s) for the proposed project, taking into account the locations of
other existing and proposed Walmart stores in the surrounding region.
– Complete detailed inventory of all existing retail stores (and vacant retail spaces) in the defined trade area(s).
– Compile data on retail sales trends in Lemoore and in the overall trade area, covering a
historic period of at least five years.
– Compile demographic data for Lemoore and relevant surrounding market areas. In order to
derive credible population growth forecasts for the trade area, TNDG will review a range of public and private data sources.
– Evaluate demand levels in the relevant retail categories (utilizing TNDG’s retail demand
forecasting model) to determine extent to which the trade area can support the proposed project without diverting sales from existing retailers. The demand analysis will consider both current conditions and projected growth in the market over the next five years.
– To corroborate the statistical demand analysis, TNDG will complete supplemental work to
document the degree to which there is currently demand “leakage” from Lemoore. This supplemental work will include a brief telephone survey of Lemoore residents to determine the degree to which they currently travel out of town to purchase groceries and other retail goods. To the degree that data are available from Walmart, the “leakage documentation” analysis will also include statistics about the numbers of Lemoore residents that currently shop at the existing Walmart supercenters in the surrounding area (especially Hanford).
– To the extent negative impacts are identified, evaluate the extent to which these may, in combination with other factors, indirectly result in store closures (though TNDG understands that store closures do not equate to urban decay).
Subtask UD 2 - Evaluation of Reuse Potentials for any Existing Retail Space: This evaluation would
expand on the above analysis to specifically address the reuse impacts associated with any existing retail facilities in the trade area that may become vacant due to competitive impacts from the proposed project. Evaluation of this issue would involve the following steps:
– Conduct site visit to survey existing conditions as they relate to potential reuse of any store(s) that could potentially be vacated. These conditions would include access/visibility, acreage, existing building configurations, traffic conditions, and surrounding land uses.
– Utilize TNDG’s retail demand forecasting model to evaluate potential support for additional
retail uses suitable for the vacated space, taking into account the demand that will be absorbed by the proposed project (and other proposed projects in the market area). The demand analysis will consider both current conditions and projected growth in the market over the next five years.
– Provide examples of major retail vacancies in the surrounding region that have been
re-tenanted under comparable circumstances.
– Based on the above analysis, identify those properties, if any, which are potentially subject to
long-term vacancy as a direct or indirect result of the project.
Subtask UD 3 - Evaluate Potential for Urban Decay, and Identify Mitigation Measures: If the
preceding analysis indicates the potential for long-term vacancies to occur, the following tasks would be performed:
– For each potential long-term vacancy identified, assess whether or not the owners in each
case are likely to maintain the properties in a condition suitable for re-leasing, thus reducing potential for urban decay. It is important to note that store closure by itself does not constitute urban decay; rather, it is the subsequent physical deterioration of the property (typically exacerbated by long-term vacancy and lack of maintenance of the vacant property) that can lead to urban decay.
– If the above assessment indicates a strong potential for urban decay to occur at any of the
affected properties, the report would identify mitigation measures, as appropriate to each case, which could be implemented by the City to avoid or reduce this impact.
Subtask UD 4 - Prepare Summary Reports/Attend Public Hearings: This task includes the
following activities:
– Prepare Initial Draft urban decay study summarizing TNDG’s findings from Tasks I through II.
Supporting spreadsheet tables and analyses would be attached as appendices to the narrative report. The initial draft would be reviewed by the environmental consultant, the applicant, and City staff.
– Prepare Revised Draft for inclusion in the Administrative Draft EIR.
– Prepare Draft EIR section based on comments on the Administrative Draft report.
– Prepare responses to public comments on Draft EIR, as well as responses to comments that
may be presented on the Final EIR.
– Attend Planning Commission and City Council hearings for the project to present study
findings and/or respond to questions.
MBA will summarize the Urban Decay Study in the EIR and include the complete technical report as an appendix to the EIR.
Deliverables - Technical Study
- Urban Decay Study (prepared by TNDG)
Cumulative Effects. MBA will describe the cumulative impacts, which will rely upon the list of cumulative projects provided by the City within a City-approved defined study area that may result in cumulative impacts associated with the proposed project. MBA will work closely with City staff to ensure the EIR is prepared at the appropriate level of detail and pertinent project impacts are evaluated. MBA assumes the cumulative project list will include all relevant information, such as project square footages, uses proposed, and traffic studies where available,
Cumulative projects includes those projects that are “closely related, past [i.e. approved but not built or built and not occupied], present [currently under review by city], and reasonably foreseeable
probable future projects [application has been filed].” Cumulative projects are to be identified within a specified area around the Project site. Anticipated or announced projects for which no application has yet been filed with the lead agency, generally in this economy are considered too speculative to include in a cumulative project list, unless the specific facts known to the City warrant their inclusion. It is important to note that the evaluation area for cumulative impacts would vary, depending upon the technical issue to be addressed. For instance, the evaluation area for air quality encompasses the local air basin, while the evaluation area for traffic encompasses the local roadway network surrounding the Project site. Findings of recent court cases will be used to address all pertinent issues. Cumulative projects will be discussed for each technical issue and provided in each topical chapter of the EIR
Significant Unavoidable Adverse Impacts. MBA will discuss all significant unavoidable adverse impacts, in conformance with CEQA Guidelines, Section 15126(b). The discussion will include any impacts that can be partially mitigated, but not to a level that is less than significant. Any mitigation measures considered, but eliminated from suggestion because of new impacts that would be associated with their implementation, will also be discussed.
Growth-Inducing Impacts. Pursuant to Section 15126(g) of the CEQA Guidelines, MBA will discuss any potential growth-inducing impacts of the proposed project. Potential sources of growth
inducement and their corresponding impacts, such as removal of obstacles to growth (i.e., extension of infrastructure), new employment generation, or major economic influences, will be qualitatively analyzed to the extent that they are applicable.
Alternatives. Pursuant to CEQA Guidelines Section 15126.6, MBA will evaluate up to four alternatives to the proposed project that are potentially feasible, and meet most of the objectives of the project. One alternative will be the CEQA-required “No Project Alternative.” Other alternatives will be formulated in consultation with the City, and it is anticipated that at least one will consider reducing the project square footage. Potential sites for an alternative project location will also be discussed. A mixed-use project and a reduced size project may also serve as project alternatives evaluated in the EIR. Each alternative will be described in sufficient detail and evaluated on a topical section basis against the proposed project to determine if it will have fewer, equivalent, or greater impacts. A matrix will be provided comparing each alternative’s impacts on the various topical areas. The Alternatives section will also include a description of alternatives that were initially considered and a brief discussion as to why said objectives were ultimately rejected from further consideration.
Effects Found Not To Be Significant. CEQA Guidelines Section 15143 establishes that EIRs shall focus on significant impacts on the environment and need not discuss in detail effects that are clearly insignificant or unlikely to occur. Accordingly, the following topical areas are anticipated to be scoped out to the Effects Found Not To Be Significant section of the EIR:
- Agricultural Resources
- Mineral Resources
- Population and Housing
- Recreation
This section will also address certain checklist items within topical areas that will be evaluated in detail in the EIR (e.g., hydrology and water quality), but which are clearly insignificant or unlikely to occur (e.g., tsunami inundation). Finally, as appropriate, this section may also cross-reference or incorporate those issues that were identified to be “tiered” from the General Plan and the analysis supporting the use of tiering.
Other CEQA-Mandated Sections. MBA will be responsible for the preparation of the following for each project:
- Table of Contents
- Irreversible and Irretrievable Commitment of Resources
- List of Organizations and Persons Consulted
- Preparers of the Environmental Document
- References
- Appendices
Technical Appendices. Pursuant to CEQA Guidelines Section 15147, supporting technical
information will be appended to the EIR as technical appendices. This includes but is not limited to technical studies, modeling data, and correspondence.
Deliverables
Five (5) hard copies and one (1) electronic version (via FTP site) of the Administrative Draft EIR to the City of Lemoore
Task 4: Screencheck Draft EIR
Upon receipt of a consolidated set of staff comments on the Administrative Draft EIR, MBA will prepare a Screencheck Draft EIR for City staff review. The Screencheck Draft EIR is intended to verify that staff comments were addressed and will document text changes in strikeout–underline format. Unresolved comments will be flagged for resolution.
Deliverables
One (1) electronic version (via FTP site or email) of the Screencheck Draft EIR to the City of Lemoore
Task 5: Draft EIR
Once City staff provides final comments on the Screencheck Draft EIR, MBA will proceed with finalizing and producing the Draft EIR for public review. MBA will provide copies of the Draft EIR to the City of Lemoore, which will be responsible for local distribution and posting. MBA will provide copies of the EIR to the State Clearinghouse, which will distribute the document to state agencies. MBA will provide the City with a Notice of Availability for local noticing purposes to coincide with the release of the Draft EIR.
Deliverables
Fifteen (15) hard copies (appendices on CD), fifteen (15) CDs, and one (1) reproducible master copy
(unbound) of the Draft EIR to the City of Lemoore
Fifteen (15) Executive Summary hard copies and fifteen (15) CDs of the Draft EIR and the signed
Notice of Completion form to the State Clearinghouse
Task 6: Administrative Final EIR
MBA will prepare an Administrative Final EIR in accordance with the applicable requirements contained in CEQA Guidelines Sections 15088 and 15089. The Administrative Final EIR will list all agencies, organizations, and individuals who submitted written comments on the Draft EIR during the public review period and provide written responses to those comments. In addition, the scope of work assumes that the City will hold a public hearing on the Draft EIR, at which time oral testimony on the document will be received. MBA will provide written responses to oral comments received at the public hearing. (Note that this scope of work assumes that the City or applicant will provide MBA with a transcript, meeting minutes, video recording, or other form of documentation of the proceedings.) To enhance readability and avoid redundancy, MBA will use Master Responses to address frequent and reoccurring comments on the Draft EIR’s analysis. Additionally, the Administrative Final EIR will contain an Errata, which will document minor changes to the Draft EIR text in strikeout–underline format.
This scope of work allocates a total of 85 hours for MBA to respond to all comments received on the Draft EIR. If the volume or complexity of comments requires more than 85 hours to respond to comments, MBA may request authorization from the City for additional budget.
Deliverables
Three (3) hard copies and one (1) electronic version (via FTP site upload or email) of the Administrative
Final EIR to the City of Lemoore
Task 7: Screencheck Final EIR
Upon receipt of a consolidated set of staff comments on the Administrative Final EIR, MBA will prepare a Screencheck Final EIR for City staff review. The Screencheck Final EIR is intended to verify that staff comments were addressed and will document text changes in strikeout–underline format. Unresolved comments will be flagged for resolution.
Deliverables
One (1) electronic version (via FTP site upload or email) of the Screencheck Final EIR to the City of
Lemoore
Task 8: Final EIR
Once City staff provides final comments on the Screencheck Final EIR, MBA will proceed with finalizing and producing the Final EIR for public review. MBA will provide copies of the Final EIR to the City of Lemoore, which will be responsible for local distribution, noticing, and posting. MBA will send copies of the Final EIR directly to state agencies that commented on the Draft EIR.
Deliverables
Fifteen (15) hard copies (appendices on CD), fifteen (15) CDs, and one (1) reproducible master copy
One (1) CD of the Final EIR to each state agency that commented on the Draft EIR (MBA will be responsible for this task)
Task 9: Prepare Mitigation Monitoring and Reporting Program
Pursuant to CEQA Guidelines Section 15097, MBA will prepare a comprehensive Mitigation Monitoring and Reporting Program (MMRP). The MMRP will contain all mitigation measures identified in the Draft EIR, as well as any text changes that are identified in the EIR, and it will provide columns for necessary actions, timing, and parties responsible for verification. The draft MMRP will be provided during the Screencheck Final EIR
submittal and the final MMRP will be provided as part of the Final EIR submittal.
Deliverables
One (1) electronic version (via FTP site upload or email) of the draft MMRP to the City of Lemoore as
part of the Screencheck Final EIR submittal
Five (5) hard copies of the final MMRP (a copy of the final MMRP will be provided on each of the CDs
with the Final EIR) to the City of Lemoore as part of the Final EIR submittal
Task 10: Public Hearing/Late Comments
Past experience with high profile projects (such as Walmart projects) indicates that there may be late comments submitted to the City after release of the Final EIR. Typically, such comments will include detailed submittals from attorneys or technical experts (e.g., a traffic consultant). MBA and its sub-consultants, as necessary, will prepare written responses to all late comments submitted after release of the Final EIR,
including those received at the public hearings. MBA will be available to orally present the written responses at the public hearing. This scope of work allocates 50 hours for responding to late comments.
Task 11: Meetings
This scope of work assumes that MBA representatives will attend five meetings, as listed below. All meetings are assumed to occur in Lemoore. A not-to-exceed budget has been established to cover attendance at the meetings. If City staff request additional meeting attendance by MBA representatives, or if the amount of time involved in these meetings exceeds the initial budget allocation, MBA will notify the City of the additional costs and obtain authorization for the extra meeting time. Note that the meetings can be reallocated on an as-needed basis, provided that the reallocation does not exceed the total meeting budget.
Meeting Assumptions
One (1) kick-off meeting and site visit
One (1) scoping meeting
One (1) meeting to present the Draft EIR and receive public testimony
Two (2) meetings at which EIR certification and project approval will be considered
Task 12: Project Management
In addition to the research, analysis, communications, and report writing tasks described above, MBA will perform a variety of project management duties to ensure that the EIR meets the City’s standards of quality, and that it is delivered on time and on budget. These duties will include team supervision and coordination, oral and written communications with City staff, project accounting, and quality assurance review by MBA’s Project Director and Technical Editor of all deliverable products. These services also will include ongoing support to City staff, such as providing input to staff reports, regular schedule updates, and discussions of technical issues. This task assumes 100 hours of project management time by MBA staff.
Task 13: CEQA Notices
MBA will prepare certain CEQA-required notices in compliance with state legislation and guidelines. This task includes the preparation of the Notice of Availability (NOA), Notice of Completion (NOC), and Notice of Determination (NOD).
Prepare the NOA, NOC, and NOD in compliance with the CEQA Guidelines.
Submit the NOA, NOC, and NOD for City staff review and revise them, based upon staff comments.
Tasks Outside of Scope of Work
The following are tasks MBA has identified as being outside of its scope of work for the proposed project. Findings of Fact
Pursuant to CEQA Guidelines Section 15091, the lead agency must adopt findings for each of those significant effects identified in the EIR. Accordingly, MBA assumes that the City will prepare the Findings of Fact
necessary to allow for certification of the EIR. Statement of Overriding Considerations
If the EIR identifies one or more significant unavoidable impacts, CEQA Guidelines Section 15093 requires the lead agency to adopt a Statement of Overriding Considerations outlining the economic, legal, social,
technological or other benefits of the project that outweigh its environmental consequences if the decision makers elect to proceed with approval. As such, MBA assumes that the City will prepare the Statement of Overriding Considerations.
Payment of Filing Fees
MBA assumes that City staff or the applicant will file the Notice of Determination with the Kings County Clerk’s Office within five (5) business days of EIR certification. The purpose of the Notice of Determination filing is to limit the legal challenge period to 30 days. If a Notice of Determination is not filed within five (5) business days of certification, the legal challenge period defaults to 180 days. The Notice of Determination filing requires payment of the California Department of Fish and Game CEQA filing fee (currently $2,839.25) and a County handling fee (currently $50).
Schedule and Cost Estimate
Proposed Work Schedule
MBA understands that a fairly aggressive schedule for completion of the EIR is sought by City staff and the applicant. Accordingly, the following fast-track timetable is proposed.
TASK WEEK
Project Initiation and Site Visit 1
Submit draft Notice of Preparation to City 3
Receive City staff comments on draft Notice of Preparation 4
Release Notice of Preparation; Begin 30-day public review period 4
End 30-day public review period 8
Submit Administrative Draft EIR to City 14
Receive City staff comments on Administrative Draft EIR 18
Submit Screencheck Draft EIR to City 20
Receive City staff comments on Screencheck Draft EIR 22
Release Draft EIR; Begin 45-day public review period 22
End 45-day public review period 28
Submit Administrative Final EIR to City 32
Receive City staff comments on Administrative Final EIR 36
Submit Screencheck Final EIR and draft MMRP to City 38
Receive City staff comments on Screencheck Final EIR and MMRP 40
Release Final EIR and MMRP 40
Prepare Responses to Late Comments To Be Determined
Cost Estimate Methodology
Presented in this section is MBA’s cost estimate for the proposed project. The cost estimate is based on MBA’s hourly rates.
CATEGORY TASK FEE
Task 1: Project Initiation $5,000
Task 2: Notice of Preparation and Scoping Meeting $4,000
Task 3: Administrative Draft EIR $63,000
Task 4: Screencheck Draft EIR $9,500
Task 5: Draft EIR $5,500
Task 6: Administrative Final EIR $16,000
Task 7: Screencheck Final EIR $5,000
Task 8: Final EIR $3,000
Task 9: Prepare Mitigation Monitoring and Reporting Program $2,000
Task 10: Public Hearing/Late Comments $15,000
Task 11: Meetings $11,500
Task 12: Project Management $16,500
Task 13: CEQA Notices $2,000
MBA Labor
Sub-Total $158,000
Land Evaluation and Site Assessment Model Workbook (MBA) $3,500
Air Quality and Greenhouse Gas Analysis / Health Risk
Assessment (MBA) $25,000
Biological Resources Analysis (MBA) $4,000
Cultural Resources Analysis (MBA) $5,500
Noise Analysis (MBA) $10,500
Transportation Impact Analysis (KHA) $65,730
Urban Decay Analysis (TNDG) $48,500
Technical Studies
Sub-Total $162,730
Direct Costs Reprographics, Postage, Travel, Business License, etc. $7,500
The assumptions used in calculating the above fees are:
1. The fee is valid for up to 30 days from the date of this scope, after which it may be subject to revision. 2. The City will be responsible for distribution of public review documents.
3. This price is based upon completion of the work within the proposed schedule. If delays occur that are in no way attributable to MBA, its work product, or its own work schedule, an amendment of the price may be warranted to accommodate additional project management and other costs, and to reflect adjustments for updated billing rates.
4. Costs have been allocated to tasks, based upon MBA’s proposed approach. During the work, MBA may, on its sole authority, re-allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. 5. The MBA Project Manager will be the primary representative at the project meetings and public
hearings.
6. Printing costs are based on the method of printing and binding proposed, numbers of copies proposed as work products, and estimated page lengths. Document printing costs are estimated and will be finalized at the time of printing. On further clarification of the documents and reports (paper and/or digital CD) that the City will need during the preparation effort, MBA will specifically identify a detailed reproduction work plan with more specific costs.