File #: 19-473    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 3/27/2019 In control: Planning and Building
On agenda: 4/16/2019 Final action: 4/16/2019
Title: Approve an Agreement for Consultant Services for preparation of an Environmental Impact Report for the Kramer Properties, Inc. North McKay Tract General Plan Amendment, Zone Reclassification, Final Map Subdivision and Planned Development Permit, FMS15-004, ZR15-008, GPA15-005, PDP15-001, and Supplemental Budget (4/5 Vote Required)
Attachments: 1. Staff Report, 2. Attachment 1 Professional-Services-Agreement-Stantec.pdf, 3. EXHIBIT A.pdf, 4. EXHIBIT B.pdf, 5. EXHIBIT C.pdf, 6. Attachment 2 Insurance Certificate.pdf, 7. Attachment 3 Site Plan - McKay Ranch Tentative Map (6-30-15).pdf, 8. Attachment 4 Supplemental Budget Attachment.pdf
Previous Action/Referral: 23-189

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Consent

SUBJECT:
title
Approve an Agreement for Consultant Services for preparation of an Environmental Impact Report for the Kramer Properties, Inc. North McKay Tract General Plan Amendment, Zone Reclassification, Final Map Subdivision and Planned Development Permit, FMS15-004, ZR15-008, GPA15-005, PDP15-001, and Supplemental Budget (4/5 Vote Required)
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Receive the staff report, authorize the Chairperson of the Humboldt County Board of Supervisors to execute the attached Agreement for Preparation of an Environmental Impact Report (EIR) by a Special Services Consultant under Contract to the County (Agreement) (Attachment 1). The parties to this Agreement are the County of Humboldt (County) and Stantec Consulting, Inc. (Consultant);
2. Approve utilizing fund 3575, EIR Contractors, as an escrow account for depositing payments from the applicant for consulting services and for paying expenditures for consulting service;
3. Authorize supplemental budget as attached in the amount of $133,449.00; and
4. Authorize the Director of Planning and Building to execute for the county subsequent amendments to the agreement, with review and approval by County Counsel, as follows:
a. Changes in Scope of Services (Attachment 1, Exhibit A) consistent with the overall project description; and
b. Changes in Schedule of Performance (Attachment 1, Exhibit B) amending interim completion dates, final completion date and county personnel services to administer the agreement; and
c. Changes in total compensation not to exceed 50 percent of the amount of the original agreement; and
d. Changes to the term of the contract to extend for up to six (6) months upon a showing of good cause.

Body
SOURCE OF FUNDING:
All costs incurred under this agreement and associated with this project, including preparation of the EIR and development review process, will be borne by the applicant.

DISCUSSION:
The project calls for a General Plan Amendment, Zoning Map Amendment, Major Subdivision, and Planned Development of seven parcels spanning approximately 81 acres of land in unincorporated Humboldt County (community of Cutten) adjacent to the City of Eureka. The proposed entitlements would allow for the development of 154 mixed-use lots intended for affordable housing, single-family dwellings, multifamily dwellings, and neighborhood commercial land uses. A total of 320 residential units are proposed, including 110 single-family houses and 210 multifamily units. The two proposed neighborhood commercial parcels would allow for approximately 22,000 square feet of commercial building space. Other onsite improvements would include open space, access roads, utilities, landscaping, and stormwater infrastructure. The site is currently forested, and the project will require a California Department of Forestry and Fire Protection Timberland Conversion Permit (TCP) and Timber Harvest Plan (THP) for development to proceed. The project site is not located within the Coastal Zone.

Key issue areas identified by Humboldt County as requiring an intensified analysis include aesthetic resources, forest land conversion, air quality/greenhouse gases (GHG), biological resources, and hazards, specifically hazards from wildland fire. The loss of forest land could constitute a substantial effect on the existing visual character of the site and its surroundings. Additionally, the project would result in the conversion of forest land to non-forest use and is proposed in a location designated by California Department of Forestry and Fire Protection as a high Fire Hazard Severity Zone.

The county is the lead agency for the project. The preparation of an EIR is called for because there could be significant effects that are not mitigated to a level of less than significant. Under California Environmental Quality Act (CEQA), an EIR is necessary to evaluate the impact of the project, including the alternatives. A contract has been developed for the preparation of the EIR (Attachment 1) and requires the Board's approval.

FINANCIAL IMPACT:
All costs incurred under this agreement and associated with this project, including preparation of the EIR and development review process, will be borne by the applicant. $133,449.00 will be collected and placed in fund 3575, EIR Contractors. After expenses are incurred the funds will be transferred to reimburse the general fund.

STRATEGIC FRAMEWORK:
This action supports your Board's Strategic Framework by supporting business, workforce development and creation of private-sector jobs .

OTHER AGENCY INVOLVEMENT:
* County Counsel
* Auditor-Controller
* Risk Management
* County Administrative Office

ALTERNATIVES TO STAFF RECOMMENDATIONS:
Your Board could direct Current Planning Division staff to assume full or significant responsibility for the preparation of the EIR. This alternative is not recommended because the Current Planning Division staff does not have the available staff time and expertise to perform the environmental and technical analysis.

ATTACHMENTS:
Attachment 1: Agreement
Exhibit A: Scope of Services
Exhibit B: Schedule of Rates
Exhibit C: Schedule of Performance

Attachment 2: Certificate of Insurance for Consultant

Attachment 3: Site Plan

Attachment 4: Supplemental Budget

PREVIOUS ACTION/REFERRAL:
Board Order No.: n/a
Meeting of: n/a
File No.: n/a
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