TO: Board of Supervisors
FROM: Brian D. Bordona - Director of Planning, Building & Environmental Services
REPORT BY: Trevor Hawkes - Supervising Planner
SUBJECT: Amendment No. 1 to Agreement No. 220139B with Environmental Services Associates, Inc.
RECOMMENDATION
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Director of Planning, Building and Environmental Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 220139B with Environmental Services Associates, Inc. (ESA), increasing the compensation by $36,579 for a new maximum of $374,995 and amending the scope of work to include additional analysis in the air quality technical report and further testing to determine the potential significance of archaeological resources on the project site.
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EXECUTIVE SUMMARY
On February 15, 2019, Geoff Scott, on behalf of Jackson Family Investments III, LLC (the Applicant), filed Use Permit Major Modification Application P19-00038-MOD requesting County zoning approval to redevelop 15.1 acres, covering six parcels, located at approximately the northeast and southeast corners of Lodi Lane and St. Helena Highway, in unincorporated Napa County. The proposed redevelopment consists of demolition of 3 existing structures, changes in use to existing structures, and construction of 6 structures for the operation of a 79-room hotel with restaurant, spa, and retail tenant space. Approval of the Agreement allowed the County to retain ESA, an environmental consulting firm, for purposes of assisting the County in preparing an environmental impact report (EIR) that will identify potential effects on the environment that could occur because of the project. In accordance with County policy, the Applicant is responsible for funding the full contract amount plus costs related to staff management of the consultant.
Due to changes in the regulatory environment and the results of site visits, an amendment to the approved scope of work is proposed in order to ensure the appropriate level of information is included in the Draft EIR.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
17000-02, Applicant CEQA Reviews, includes appropriations based on average expenditures for consulting services over the year. Any requested adjustments due to a higher than average need for consulting services would be brought before the Board of Supervisors for authorization. The Applicant pays for the full cost of the contract, plus County staff costs associated with consultant management, in accordance with Section 104(c) of Napa County’s Local Procedures for Implementing CEQA. |
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Is it Mandatory or Discretionary? |
Mandatory |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Depending on the extent of public comment received during the Draft EIR comment period and project public hearings, administration of the Agreement could extend into future fiscal years, with potential automatic extensions through June 30, 2024. In the event that the agreement extends into future fiscal years, revenue and expenditures would be budgeted accordingly. Consultant and consultant management costs would continue to be the responsibility of the Applicant to fund. |
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Consequences if not approved: |
The EIR will inform County decision-makers about the proposed project’s potential effects on the environment. If the Amendment is not approved, the County would be unable to conduct the required analysis of the proposed project in accordance with CEQA, and County decision-makers would be unable to make a fully informed decision about the possible environmental consequences of their action to approve or to deny the requested use permit. |
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County Strategic Plan pillar addressed: |
Healthy, Safe, and Welcoming Place to Live, Work, and Visit |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California
Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
The Applicant has applied for a Use Permit Major Modification to demolish existing structures, change the use of existing structures, and construct six new structures and site improvements for the operation of a 79-room hotel, restaurant, spa, and tenant retail space. The entire project covers 6 parcels totaling 15.1 acres at approximately the northeast and southeast corners of Lodi Lane and St. Helena Highway (Assessor’s Parcel No. 022-130-023, -024, -027, -028 & 022-220-028, -029) in unincorporated Napa County, California.
Staff and the Applicant agreed that an EIR would be appropriate in order to evaluate the potential environmental impacts that could occur as a result of a decision to approve or deny the application. The County approved the preliminary approach and scope of work dated July 30, 2021. Since approval of the July 2021 scope, ESA has performed site visits and work related to the Project technical studies, drafted several sections of the Administrative Draft EIR, and attended Project-related meetings. ESA has also performed ongoing Project management-related activities.
Based on the results of site visits/technical studies and changes in the regulatory environment since the contract was established, ESA is requesting a contract modification to cover additional costs to ensure that the appropriate level of information is included in the Draft EIR.