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11-052 David J Powers & Associates, Initial Study, Home of Christ Churchlmll DAVID J. POWERS ta~~ May 10, 2011 Colin Jung, Senior Planner City of Cupertino, Community Development Department 10300 Torre Avenue Cupertino, CA 95014 RE: Home of Christ Church-2nd Revised Scope of Work Sent via email: CoJfoJ@cupe1tino.org Dear Mr. Jung: David J. Powers & Associates, Inc. (DJP&A) is pleased to provide you with this revised scope of work for the preparation of an Initial Study that satisfies the requirements of the California Environmental Quality Act (CEQA) and the regulations of the City of Cupertino for the proposed Home of Christ Church project. EXHIBIT A The Home of Christ Church project site is approximately five acres and consists of two contiguous parcels: Parcel A (APN 357-20-019) and ParcelB (APN 357-20-038). Parcel A is located at 10340 Bubb Road and is developed with a 30,000 square foot building that is currently occupied by the Home of Christ Church. Parcel Bis located at 10420 Bubb Road and developed with a 50,830 square foot light industrial building that is currently unoccupied. The project proposes to expand the existing church use on Parcel A to Parcel B. In order to do this, the project proposes to: 1. Change the General Plan land use designation on Parcel A from Quasi-Public/Institutional to Industrial/Residential/Commercial; 2. Rezone Parcel A from BQ -Quasi-Public to ML-re -West Valley Light Industrial; 3. Amend the ML-re -West Valley Light Industrial Zoning District to allow church uses (excluding childcare, private school, and professional senior car center and hospitals) as a conditional use. This amendment would allow for church uses (with a conditional use permit) on prope1ties within the ML-re -West Valley Light Industrial Zoning District that submit applications during a specified timeframe. This scope of work assumes that through the City's wording of the amended zoning district, the only properties in the ML-re -West Valley Light Industrial Zoning District to be considered for church uses are Parcel A and B. This scope of work does not include analyzing other ML-rcfL West Valley Light b;dustrial properties within the City for a church use (which would be needed without such limited wording). 4. Amend the ML-re -West Valley Light Indush·ial Zoning District to allow incidental "Coffee/Deli and Bookstore" as a permitted use. Incidental Coffee/Deli and Bookstore use shall only serve tenants of the primary use and have the same or shorter operating hours as the primary use. Gret!n Business Sa11UCl111111C.0Unty David J. Powers & Associates, Inc. is a Certified Green Business 1871 The Alameda• Suite 200 •San Jose, CA 95126 Tel: 408-248-3500 •Fax: 408-248-9641 ° www.davidjpowers.com ·The project requires a ConditionalU se Permit to allow church uses on Parcels A .and B. It is our understanding that no new development, construction, or demolition is proposed as part of the project. Attached is a scope of work that describes the main issues to be discussed in the Initial Study, and the estimated schedule and cost for completion of the Initial Study. The scope is based upon our familiarity with the area and projects of similar scope and size. Our work will be billed on a time and materials basis, in accordance with the attached fee schedule. If we do not need all the staff hours/cost that have been budgeted, we will only charge you for the time that we actually spent completing the work. If this proposal is acceptable to you, it can be attached as a scope of work to your standard consultant agreement. Once we receive written authorization to proceed and all related project information (see page 5 of the attached scope), we can proceed. We appreciate your consideration of our firm for this work and look forward to working with you on this project. Please contact our Project Manager, Kristy Weis, or me if you have any questions about this proposal or need any additional infonnation. Sincerely, ~~\rJ.~ec- Judy Shanley President /attachment Green Business $.&inl•Oaro. County David J. Powers & Associates, Inc. is a Certified Green Business 1871 The Alameda• Suite 200 •San Jose, CA 95126 Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com ==~ DAVID J. POWERS B~f'fil DAVID J. POWERS & ASSOCIATES Initial Study Scope of Work Preparation of the Initial Study The Initial Study will describe the proposed project and existing environmental setting, and include an Initial Study checklist that is consistent with the CEQA Guidelines. Each possible impact identified in the checklist will be addressed, including a discussion of its significance and the mitigation measures that would reduce impacts to a less than significant level. This scope is based on the understanding that the project would be eligible for a Mitigated Negative Declaration, assuming that there are no significant impacts, or mitigation measures are included in the project to reduce any impacts to a less than significant leveL1 The main components of the Initial Study are described below. Project Description Based on information to be provided to DJP&A by the City/project applicant (see page 5), the Initial Study will provide a detailed description of the project, including the proposed land use and physical characteristics (e.g., building square footage, parking, landscaping, circulation, etc.) of the project. Maps and graphics of the project site and proposed project will be included to illustrate the text. Environmenta_l Setting, Impacts, and Mitigation An overview of the environmental setting will be provided. The Initial Study wiUinclude a checklist based on the form recommended by the CEQA Guidelines. Each possible impact identified in the checklist will be addressed, including a discussion of its significance as well as mitigation measures to reduce impacts, if warranted. We anticipate that the primary issues to be addressed for the Home of Christ Church project will include land use and hazards and hazardous materials. • Land Use -Parcel A has a General Plan.viand use designation of Quasi-Public/Institutif)flal and is zoned BQ-Quasi-Public. Parcel A is developed with a 30,000 square foot building that is occupied by a church. Parcel B has a General Plan land use designation of Industrial/Residential/Commercial and is zoned ML-re -West Valley Light Industrial. Parcel B is developed with a 50,830 square foot light industrial building that is currently unoccupied. The Initial Study will describe the existing land use on the site and in the site 1 In the event that the project would result in a significant, unavoidable impact, or you do not propose to include necessary mitigation, then an Environmental Impact Report (EIR) would be required. DJP&A could prepare the EIR under a separate scope and budget. David J. Powers & Associates Scope of Work vicinity. The Initial Study will discuss the land use impacts of the proposed General Plan, rezoning, and Zoning District amendments, including possible land use conflicts with nearby uses. Mitigation measures will be identified to reduce land use impacts, as appropriate. • Hazardous Materials -The proposed project would allow for the expansion of an existing church use in a light industrial area. The Initial Study will evaluate the potential for hazardous materials stored and/or used by neighboring properties to impact the project based on a Phase I Environmental Site Assessment provided to us by the City and a Vicinity Hazardous Materials User Survey to be completed by Belinda P. Blackie, P.E., P.E.A. This scope of work assumes the Phase I will be complete and adequate for CEQA purposes. To quantify the risk associated with increasing the number of sensitive receptors (children and seniors) in an industrial area, a Vicinity Hazardous Materials User Survey will be prepared by Belinda P. Blackie, P.E., P.E.A. This survey will include the following: - A visual survey of the areas surrounding the project site to identify readily observable names and addresses of businesses located within a 0.5-mile radius which appear to use, handle, and/or store significant quantities of hazardous substances; -An evaluation of whether the identified businesses may have hazardous aif emissions and/or potentially toxic or hazardous substances; -An evaluation of whether railroad tracks that facilitate transport of potentially toxic or hazardous substances are located within 0.5 miles of the project site. - A review of available hazardous materials files at the Santa Clara County Fire Department; and A review of the Santa Clara County Department of Environmental Health CalARP files to identify businesses located within a one-mile radius of the project site that fall under CalARP regulations. The survey will evaluate the significance of the presence of identified toxic or hazardous substances on the proposed project, if fill accidental release were to occur at nearby hazardous materials users. If the results of the hazardous materials users survey identifies facilities that may have an impact on the project site in the event of an accidental chemical release, supplemental risk assessments will be needed. In the event that risk assessments are needed, we can complete that work on a time and materials basis, upon your authorization. If significant impacts are identified, mitigation measure will be identified to lessen or avoid the impacts where feasible. The Initial Study will also address all other issues in the checklist, including aesthetics, agricultural resources, biological resources, cultural resources, geology and soils, hydrology and water suality impacts, mineral resources, noise, p@pulation and housing, public services, recreation, and utilities and service systems. It is anticipated that the Home of Christ Church project would not result in significant air quality, greenhouse gas emission, or transportation impacts. The Home of Christ Church project is below the BAAQMD CEQA Guidelines screening thresholds for significant air quality and greenhouse gas emission impacts. Therefore, the project would not result in significant air quality or greenhouse gas emission impacts and no technical analyses are required. David J. Powers & Associates 2 Scope of Y{.ork In terms of traffic, we do not think the Home of Christ Churcli project warrants a traffic impact analysis. The project proposes a General Plan Amendment (GPA) to change the land use designation on Parcel A to Industrial/Commercial/Residential. Likely development on Parcel A under the proposed Industrial/Commercial/Residential land use designation could include the existing building on-site. The existing building is currently occupied and traffic trips associated with that building exist on the road today. Therefore, we do not believe a traffic impact analysis is required for the proposed GP A. The proposed rezoning and amendment to the ML-re -West Valley Light Industrial Zoning District to allow church uses as a conditional use would not require a full traffic impact analysis or result in significant traffic impacts because the existing and proposed church uses generate fewer trips than light industrial uses. In addition, church trips do not typically occur during the weekday and/or AM or PM peak hour. The Initial Study will include a qualitative discussion of existing traffic conditions (based on infonnation provided to DJP&A by the City) and the proposed church expansion trip generation. Revisions to the Initial Study DJP&A will provide two hard copies of the Administrative Draft Initial Study (ADIS) to City of Cupertino Staff for review and comment. An electronic version of the ADIS, in Word format, will . be provided to City Staff, so that they may insert comments via the "track changes" mode. Revisions will be made to the ADIS, based on comments received. After the revisions to the document have been made, a Word version of the "Screencheck" Initial Study will be provided to City Staff for final review. After final revisions, if any, to the "Screencheck" have been made, a PDF copy of the Initial Study will be provided to the City for printing and public distribution. Preparation of the Mitigation Monitoring and Reporting Program DJP&A will prepare a draft Mitigation Monitoring and Reporting Program (MMRP) for the project prior to circulation of the Initial Study. The MMRP will summarize the mitigation measures identified for all significant impacts, the responsible implementation agency, the monitoring phase, and the enforcement or monitoring agency. Public Comments DJP&A will respond to substantive comments received on the Initial Study during the public review period, and will make any necessary changes to the Initial Study, based upon the comments received. This scope of work includes approximately eight hours to respond to written comments received from the public and/or various governmental agenciei? as a result of circulation of the Initial Study. In the event additional comments are received, responses can be prepared on a time and materials basis upon authorization by the City. Meetings This scope of work includes DJP&A attendance at one project "kick-off' meeting with City Staff. DJP&A can attend additional meetings on a time and materials basis, per your authorization. David J. Powers & Associates 3 Scope of Work ESTIMATED SCHEDULE DJP&A proposes the following optimum schedule for preparation of the Initial Study. DJP&A can commit to maintaining the schedule in the areas which are within our control. Completion of the Initial Study, as described in the schedule below, is based upon receipt of all necessary project infmmation upon receiving authorization to proceed. Delays in receiving requested information or responses by others will result in at least day-for-day delays in the overall schedule. Substantial changes in the project descriptions made after work on the Initial Study has begun, including proposed land use, number of parking spaces, etc., would also result in delay while the document is rewritten. The below schedule also assumes that no comments are received during the circulation of the Initial Study that raise any new issues, or require additional technical studies. Estimated Task Duration Elapsed Time DJP&A receives authorization to proceed and project information listed on the following page. ---1 day DJP&A subconsultant completes the Vicinity Hazardous Materials User Survey* 4 weeks 4 weeks DJP&A completes Administrative Draft Initial Study after receiving Vicinity Hazardous Materials User Survey 2-3 weeks 7 weeks Citv completes review of Administrative Draft Initial Study 2 weeks 9 weeks DJP&A revises document and prepares "Screencheck" Initial Study 2 weeks 11 weeks City completes review of "Screencheck" Initial Study 1 week 12 weeks DJP&A revises document and prepares Initial Study for oublic circulation I week 13 weeks Public Circulation of Draft Initial Study (20 days)** 3 weeks 16weeks TOTAL +/-16weeks Notes: * This schedule assumes that the survey does not find any hazardous materials users in the area that could impact the project site in the event of an accidental chemical release. ** It is anticipated that the Initial Study will qualify for t~e 20-day public circulation period. David J. Powers & Associates 4 Scope of Work INFORMATION REQUIRED FROM THE CITY/PROJECT APPLICANT Our scope and schedule are based on the assumption that DJP&A will receive the following concurrent with a Notice to Proceed: Technical Report o An updated Phase I Enviromnental Site Assessment that evaluates the entire project site (Parcels A and B). The Phase I provided to DJP&A previously only covers Parcel A. Project Detail o Wording of the proposed ML-re -West Valley Light Industrial Zoning District text amendment o ·Existing number of parking spaces o Location and size of existing utility lines that would serve the project (water, sewer, storm drain) o Estimated electricity use (if available) o Estimated water use (if available) o Utility improvements (if any) o Any features proposed to reduce energy (electricity, natural gas, fuel) and/or water use Plans (in PDF) o Site plan David J. Powers & Associates 5 Scope of Work ESTIMATED COST We anticipate that the cost to complete the Initial Study on the project will not exceed $23,300. Our work will be billed on a time and materials basis, in accordance with the attached fee schedule. Ifwe do not need all the staff hours/cost that has been budgeted, we will only charge you for the time that we have actually spent completing the work. This scope of work assumes that no issues arise that would require any additional technical analysis or documentation. In the event that additional teclmical analysis is required, we could complete that work on a time and materials basis, upon your written authorization. Tasks Estimated Cost David J. Powers & Associates, Inc. • Preparation oflnitial Study, 1 meeting, and coordination $19,175 • Reimbursables (Printing of ADIS and travel) $100 Subconsultants* • Belinda Blackie, P.E., R.E.A (vicinity hazardous materials $ 4,025 . user survey) Total $23,300 Note: *All subconsultant include our standard 15 percent administrative fee. Optional Task As an optional task in this scope of work, DJP&A can provide the City with up to 30 hard copies of the Initial Study for public distribution. The cost for this optional task is $1,400. David J. Powers & Associates 6 Scope of Work =mg DAVID J. POWERS B~~ . CHARGE RATE SCHEDULE2 SENIOR PRINCIPAL $ 250.00 PER HOUR PRINCIPAL PROJECT MANAGER $ 220.00 PER HOUR . SENIOR ENVIRONMENTAL SPECIALIST $ 195.00 PER HOUR SENIOR PROJECT MANAGER $ 175.00 PER HOUR ENVIRONMENTAL SPECIALIST $ 160.00 PER HOUR PROJECT MANAGER $150.00 PER HOUR AS SOCIA TE PROJECT MANAGER $ 135.00 PER HOUR ASSISTANT PROJECT MANAGER $110.00 PER HOUR. RESEARCHER $ 95.00 PER HOUR DRAFTSPERSON/GRAPHIC ARTIST $ 85.00 PER HOUR DOCUMENT PROCESSOR/QUALITY CONTROL $ 85.00 PER HOUR ADMINISTRATIVE MANAGER $ 85 .00 PER HOUR OFFICE SUPPORT $ 70.00 PER HOUR MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINISTRATION FEE. . MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RA TE AT THE TIME COSTS OCCUR. v SUBJECT TO REVISION JANUARY 2012 2 David J. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project proceeds, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time and materials basis. David J. Powers & Associates 7 Scope of Work RECEIVED BY: COLINJ TODAY'S DATE: 05/11/11 TIME: 08:50 1 CITY OF CUPERTINO RECEIPT NUMBER: BS000013417 PAYOR: HOME OF CHRIST CHUR REGISTER DATE: 05/11/11 REFUNDABLE DEPOSIT/RETAIN HOME OF CHRIST ENV. REV. $23,300.00 CHECK TOTAL DUE: $23,300.00 REF NUM: 247 TENDERED $23,300.00 $23,300.00 CHANGE $.00