Report Prepared by: Francisco Mendoza-Gonzalez, Senior Planner, Development Services Department
Title
SUBJECT: Approval of a Professional Services Agreement with J.B. Anderson Land Use Planning and a Deposit and Reimbursement Agreement with Lyons Investments, a California Limited Partnership, for Preparation of an Environmental Document for the University Industrial Park to Change the General Plan Land Use Designation and Zoning Classification of Approximately 376 Acres at the Southeast Corner of Campus Parkway and State Highway 140 in the Amount of $210,486.00
REPORT IN BRIEF
Considers approving a Professional Services Agreement with J.B. Anderson Land Use Planning along with a Reimbursement Agreement with Lyons Investments, a California Limited Partnership, for preparation of an environmental document to change the General Plan land use designation and Zoning classification of approximately 376 acres, generally located at the southeast corner of Campus Parkway and State Highway 140.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Deposit and Reimbursement Agreement with Lyons Investments, a California Limited Partnership, in the amount of $231,534.60 to cover the cost of the consultant contract and staff time for the administration of the environmental review process; and,
B. Approving the Professional Services Agreement with J.B. Anderson Land Use Planning in the amount of $210,486.00 for preparation of an environmental document for the University Industrial Park General Plan Amendment and Re-Zone; and,
C. Approving an increase of revenue in the amount of $210,486.00 to account 30005020-415401 - Other Revenue Developers and appropriating the same to account 30005020-511012-Professional Services for payment to J.B. Anderson Land Use Planning; and,
D. Approving an increase of revenue in the amount of $21,048.60 to account 30005020-414003 - Cost Recovery; and,
E. Authorizing the City Manager or designee to execute the documents
Body
ALTERNATIVES
1. Approve the agreements, as recommended by staff; or,
2. Approve the agreements, subject to modifications by City Council (identify specific items to be amended in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items (to be addressed in the motion); or,
5. Continue to a future City Council meeting (date and time to be specified in the motion).
AUTHORITY
Charter of the City of Merced, Section 200
DISCUSSION
Proposed Project
Lyons Investments, a California Limited Partnership, has submitted an application for the University Industrial Park development to change the General Plan land use designation and Zoning classification for approximately eighteen (18) parcels totaling approximately 405 acres generally located at the southeast corner of Campus Parkway and State Highway 140 (Attachment 1). This environmental study would be prepared for the land use permits for this project.
The General Plan designations for University Industrial Park would include a variety land uses such as Business Park (BP), Industrial (IND), General Commercial (CG), Low Density Residential (LD), Low-Medium Density Residential (LMD), and High Density Residential (HD). The Zoning classifications for the residential land uses would be Planned Development (P-D). The proposed density ranges for the residential land uses could generate between 1,000 and 2,300 residential units, which would subsequently be processed with vesting subdivision maps in which staff would evaluate the subdivisions/developments for compliance with City standards, including Fire requirements.
As part of the review process, an environmental review in compliance with the California Environmental Quality Act (CEQA) is required. Due to the complexity and time it takes for the environmental review, City staff and the applicant have agreed to have an outside consultant prepare the environmental review document. City staff and the project applicants are recommending that J.B. Anderson Land Use Planning be selected as the environmental consultant due to their experience with similar projects and their understanding and level of analysis of the project issues in the subject area. J.B. Anderson Land Use Planning and its staff members, who will work on the project, have the required experience and qualifications to complete the proposed environmental work.
Terms of the Agreements
Attachment 3 contains the recommended agreement for professional services which includes a scope of services, budget, and the anticipated project schedule. The scope of work will include the preparation of an initial study in anticipation of the preparation of a Mitigated Negative Declaration (if it is determined that an Environmental Impact Report is required, the scope would need to be amended), and technical studies that include biological resources, air quality, greenhouse gas analysis, water supply assessment, and traffic. All the work would be performed by J.B. Anderson Land Use Planning with sub-consultants.
As indicated in the reimbursement agreement (Attachment 4), the applicant would pay for the entire consultant cost ($210,486.00). The applicants would also reimburse the City for staff time spent on administering the environmental process based, services and materials. An additional $21,048.60 (ten percent of the cost of the environmental review) is required upon execution of the agreement.
The applicants also acknowledge in Section 2 of the reimbursement agreement (Attachment 4) that "the contract with the Consultant is being entered into by the City as an accommodation to the Developer to facilitate the evaluation of the project and does not guarantee any particular result or outcome. Developer further acknowledges and agrees that it shall have no control over the work product of the Consultant, and that its payment of the costs is not dependent thereon."
IMPACT ON CITY RESOURCES
The entire cost for preparing the environmental document ($210,486.00) would be reimbursed to the City by the developers as well as the costs ($21,048.60) to cover City staff management of the consultant contract and environmental process.
ATTACHMENTS
1. Location Map
2. Proposed Land Uses
3. Professional Services Agreement with J.B. Anderson Land Use Planning
4. Deposit and Reimbursement Agreement with Lyons Investments, LP