HomeMy WebLinkAboutItem No. 11 - Professional Services Agreement with VCS Environmental, Inc. for Environmental D11)Professional Services Agreement with VCS Environmental, Inc. for Environmental
Documentation for the East Lake Villas Senior Living Community Project
Approve and authorize the City Manager to execute a Professional Services Agreement
with VCS Environmental, Inc. in an amount not to exceed $71,545 to prepare California
Environmental Quality Act (CEQA) Compliance documents, in such final form as approved
by the City Attorney.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Damaris Abraham, Community Development Director
Date:October 8, 2024
Subject: Professional Services Agreement with VCS Environmental, Inc. for
Environmental Documentation for the East Lake Villas Senior Living
Community Project
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with VCS
Environmental, Inc. in an amount not to exceed $71,545 to prepare California Environmental
Quality Act (CEQA) Compliance documents, in such final form as approved by the City Attorney.
Background
The City of Lake Elsinore is the lead agency to evaluate the environmental impacts of
development projects proposed within the City. The Community Development Department is
responsible for preparing the necessary information and, depending on the scope and size of the
project, will either prepare the environmental documents in-house or have a consultant prepare
the documents and studies. Through the application fee process, the project applicant (Keystone
DCS, Inc.) pays for the cost of preparing the environmental analysis.
Discussion
The applicant has submitted an entitlement application for a new Senior Housing Community
development located on the southerly edge of East Lakeshore Drive, east of Lucerne Street and
West of Marian Street within the East Lake Specific Plan. (APNs: 373-260-007, 008, and 010)
The East Lake Villas project proposal consists of a total of 336-units that includes 192-units of
independent living facility and a 144-bed (or 144-units) of assisted living and memory care facility
with on-site amenities and related site improvements located on an approximately 9.9-acre site.
The project also includes Tentative Tract Map No. 37948 which proposes to subdivide the subject
property into five parcels ranging in size from 0.99 acres to 4.38 acres.
East Lake Villas (VCS Environmental, Inc.)
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The project must prepare technical studies such as a Traffic Impact Report, Air Quality Report,
Greenhouse Gas Emissions Report, Energy Report, Noise Report, Hydrology Report,
Biological Report, Cultural Resources Report, Phase 1 Environmental Site Assessment,
Paleontology Report, and Geotechnical. VCS Environmental, Inc. will utilize the above referenced
technical studies to prepare a detailed environmental analysis for the project as required by
CEQA.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the developer
through the City’s cost recovery program. All administrative staff time and consultant costs are
paid from the applicant’s fees. No General Fund budgets will be allocated or used for the
completion of the CEQA documents for the project.
Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
temp_2085D6.docx Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
VCS ENVIRONMENTAL, INC.
East Lake Villas
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of October 8, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and VCS Environmental, Inc., a California corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Prepare and process a limited CEQA document under Section 15183 in accordance with the
California Environmental Quality Act (CEQA) for the PA 2019-89 East Lake Villas Senior Living
Community Project
B. Consultant has submitted to City a proposal, dated July 16, 2024, attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed Seventy-
One Thousand Five Hundred and Forty-Five dollars ($71,545) without additional written
authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultant provides services. Consultant’s bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
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b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, reimburse the City for the cost of defense.
and hold harmless the City and its officials, officers, employees, agents, and volunteers from and
against any and all losses, liability, claims, suits, actions, damages, and causes of action arising
out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any
federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful
misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or
agents, by acts for which they could be held strictly liable, or by the quality or character of their
work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life,
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damage to property, or violation of law arises from the sole negligence or willful misconduct of the
City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its
employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage
to property, or violation of law.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
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may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
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to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: VCS Environmental, Inc.
Attn: Julie Beeman, President
30900 Rancho Viejo Road, Suite 100
San Juan Capistrano, CA 92675
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
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Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
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29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
VCS ENVIRONMENTAL, INC., a California
corporation
By: Julie Beeman
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
1. As set forth in the cover letter to Proposal dated July 16,2024
VCS Environmental provides CEQA/NEPA, Biological, Regulatory & Cultural Services
30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675 | 949.489.2700
September 17, 2024
Carlos Serna, MPP, Associate Planner
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Dear Carlos:
Thank you for the opportunity to provide this proposal to prepare and
process a limited CEQA document under Section 15183 in accordance
with the California Environmental Quality Act (CEQA) for the PA 2019-
89 East Lake Villas Senior Living Community Project located in Lake
Elsinore, California.
Vandermost Consulting Services, Inc. dba VCS Environmental (VCS) is a
California S. Corporation founded in 1996 by Julie Vandermost Beeman
who remains the sole owner. VCS is a certified Small Business/
Disadvantaged Business Enterprise (SBE/DBE) with a 30-member staff
specializing in full service environmental consulting headquartered in
San Juan Capistrano, California. VCS regularly prepares and peer reviews CEQA/NEPA documents and
technical studies. We also specialize in Biological, Cultural and Regulatory Permitting Services. VCS has a
wide variety of experience working on jobs ranging from smaller development projects to $1.8 billion
transportation improvements. Our clients include builders/developers, cities, regional transportation
agencies, water districts, school districts and the State of California.
The VCS Team will be led by Director of Environmental Services, Eric Turner, who will be the Project
Manager/Primary Contact for the proposed work. Biological and cultural studies will be reviewed in-house.
Our trusted subconsultant team will peer review the following technical reports: Vista Environmental will
review the Air Quality, Energy, Greenhouse Gas, and Noise technical studies with TA-Group DD reviewing
the Phase I Environmental Site Assessment.
We look forward to the opportunity to work with you. Please do not hesitate to contact me at 949.234.6070
or at jbeeman@vcsenvironmental.com should you have any questions or would like additional information.
Sincerely,
Julie Beeman
President
VCS Environmental
30900 Rancho Viejo Road,
Suite 100
San Juan Capistrano, CA 92675
www.vcsenvironmental.com
WBE | SBE | DBE
Julie Beeman
President
Phone: 949.234.6070
jbeeman@vcsenvironmental.com
Eric Turner
Project Manager | Primary Contact
Phone: 949.234.6075
eturner@vcsenvironmental.com
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES | PA 2019-89 East Lake Villas Project
VCS Environmental Page | i
TABLE OF CONTENTS
Section 1.0 Qualifications and Experience ................................................................................................................... 1
Firm Overview ................................................................................................................................................. 1
Qualifications ................................................................................................................................................... 2
Subconsultants ............................................................................................................................................... 3
Project Experience ......................................................................................................................................... 3
Section 2.0 Method of Approach ................................................................................................................................. 16
Project Understanding and Approach ................................................................................................ 16
Scope of Work .............................................................................................................................................. 19
Section 3.0 Proposed Schedule .................................................................................................................................... 23
Section 4.0 Project Budget ............................................................................................................................................. 24
Attachment A: Example CEQA Section 15183 Exemption for La Perch
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1.0 QUALIFICATIONS AND EXPERIENCE
Firm Overview
Vandermost Consulting Services, Inc. doing business as VCS Environmental (VCS) was founded in 1996. VCS
is a California S Corporation specializing in CEQA/NEPA, Biological, Regulatory and Cultural Resources. Our
corporate office is located at 30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675.
VCS Environmental is dedicated to delivering quality, personalized, multi-disciplinary services to a variety
of municipalities, private sector clients, and state and federal agencies. Our services include:
CEQA/NEPA
PREPARATION OF CEQA/NEPA DOCUMENTS
■ Prepare/process California Environmental Quality Act (CEQA) documents
■ Prepare/process National Environmental Policy Act (NEPA) documents
■ Public presentations/technical translation of CEQA/NEPA documents to the community and
decision makers
BIOLOGICAL
MAPPING, ENDANGERED SPECIES SURVEYS, AND REPORTS
■ Biological technical reports
■ Vegetation mapping
■ Focused surveys for endangered species
■ Biological assessments and Endangered Species Act Section 7 consultations
■ Western Riverside County Multiple Species Habitat Conservation Plan, surveys, reports, and HANS
process
■ Conservation easements
■ Construction monitoring
REGULATORY
REGULATORY PERMITS AND WETLANDS/WATERS DELINEATIONS
■ Delineation of wetlands and waters of the U.S. and State
■ U.S. Army Corps of Engineers, Section 404 permits
■ U.S. Army Corps of Engineers, Section 408 processing
■ California Department of Fish & Game, Section 1602, and maintenance agreements
■ Regional Water Quality Control Board, Section 401 certifications
■ Regional Water Quality Control Board, Waste Discharge Requirements
■ U.S. Environmental Protection Agency 404(b)(1) alternatives analyses
■ Constraints and feasibility analyses
■ Biological Monitoring
CULTURAL
■ Area of potential effect mapping
■ Phase I cultural and paleontological assessments
■ Phase II resource evaluation and testing
■ Phase III data recovery/mitigation studies
■ Phase IV construction monitoring mitigation programs
■ Historic resources evaluation reports
■ Worker environmental awareness training
■ Native American scoping and consultation
■ Fossil salvage, identification, evaluation, and preparation for curation
■ Caltrans studies and documentation (HPSR, ASR, HRER, FOE, PIR, PER, PMP, et al.)
■ Site recordation on DPR 523 series site recording forms
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■ Section 106 of the National Historic Preservation Act compliance
■ Construction monitoring
ADDITIONAL SERVICES
MITIGATION BANKING AND HABITAT RESTORATION
■ Mitigation Bank document preparation, processing and sales
■ Habitat Mitigation, Monitoring, and Reporting Plans (HMMP) and Implementation
■ HGM and CRAM analyses
■ Coordination with landscape design and maintenance contractors
■ Preparation of annual reports
PEER REVIEW AND DUE DILIGENCE
■ CEQA/NEPA documents and technical studies
■ Regulatory permit applications and strategies
■ Project sites and/or existing permits and documents for clients considering property acquisitions
FHA
Qualifications
CEQA/NEPA Services
VCS’s services include Categorical Exemptions/Exclusions; Initial Studies, Environmental Assessments;
Preliminary Environmental Assessments and Studies, Addendums, Revalidations, Environmental Impact
Reports, and accompanying technical studies. All analyses will be completed by trained staff who are
experienced in public and private projects. All technical reports will contain an adequate level of
information so that they may be used to support environmental determinations, and serve as reference for
environmental documentation, permitting, and other project decisions.
VCS is experienced in analyzing projects to meet the requirements of CEQA, including state and federal
regulations, local agency General Plan goals and policies, and local agency Municipal Code and Zoning
Regulations. VCS is aware that the preparation of environmental documents begins with the understanding
of existing environmental baseline conditions and relevant laws, regulations, guidelines, codes, goals,
and/or policies that apply to the site in order to accurately understand the threshold of impacts for a
particular project. The process for complying with CEQA is outlined in the CEQA Guidelines. All technical
studies and environmental documents required for CEQA approval will be completed by VCS in accordance
with these guidelines in a format approved by the City. In this case, the project is within the East Lake
Specific Plan (ELSP). VCS prepared the Environmental Impact Report (EIR) for the ELSP. This project’s CEQA
document is expected to tier off the ELSP EIR. Pursuant to the Hilltop Group Inc. v. County of San Diego, the
project appears to qualify for a CEQA Section 15183 analysis, which will allow CEQA analysis of only those
topics not covered in the ELSP EIR. Namely, biology and cultural along with site hydrology.
The documents will evaluate the significance of the effects of the project alternatives on the environment
and, if required, will identify mitigation measures to reduce these effects.
VCS is very skilled in presenting projects to appointed and elected municipal bodies. We are able to attend
Planning Commissions and City Council meetings as requested and we have several project managers who
are excellent public speakers should staff request us to make any project or new policy presentations. We
have extensive experience creating PowerPoint presentations and presenting technical information to the
public.
PROGRAM MANAGEMENT AND QA/QC
Daily Directors’ and staff briefings facilitate the seamless flow of information, while maximizing project
efficiency and eliminating gaps in communication. VCS prepares a project schedule for all CEQA documents
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to sequence project activities most efficiently. Schedules are maintained throughout the project. VCS
employs the use of internal review by Senior Staff and a final production review to ensure Quality
Assurance/Quality Control in all deliverables. This internal review ensures high quality deliverables and
enables VCS to adhere to project schedules.
PEER REVIEW
VCS has been peer reviewing documents for the past 28 years. Depending on the project size and
complexity, we have our subconsultants review certain technical studies. We review the documents for
clarity, quality, typographic errors and grammatical errors (trying not to edit for style but for actual errors).
We check the mitigation measures and highlight those that need engineers and/or construction review to
ensure their appropriateness.
Subconsultants
AIR QUALITY | GREENHOUSE GAS | ENERGY | NOISE
1021 Didrickson Way
Laguna Beach, California 92651
(949) 715-3628
Vista Environmental specializes in air quality, greenhouse gas emissions, health risk assessments (HRAs) and
noise impact analyses for governmental agencies and the business community and has completed numerous
complex air and noise studies that conform to the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA) requirements. Vista Environmental has worked with VCS over the past seven
years on our CEQA documents.
PHASE I ENVIRONMENTAL SITE ASSESSMENT
3146 Tiger Run Court, Suite 118
Carlsbad, California 92010
(760) 473-0645
TA-Group DD, LLC, provides consulting and technical services as a project manager, expert witness, and
technical expert for investigation and cleanup efforts at sites impacted by heavy metals, petroleum
hydrocarbons, pesticides, PNA and PCB, solvents, and radionuclides. TA-Group DD will provide consulting
and technical services for Hazardous Materials with their experience in Phase 1 studies for CEQA
compliance.
Project Experience
VCS has a wide variety of experience providing environmental services for projects ranging from smaller
site development projects to industrial development projects to more expansive transportation
improvements. VCS provides environmental services to several private developers across Southern
California, including projects in Riverside County, namely Beaumont, Fallbrook, Jurupa Valley, La Quinta,
Lakeland Village (unincorporated Riverside County), Banning as well as Lake Elsinore. VCS staff have a deep
understanding of how federal, state, and local laws and polices all play a contributing role in determining
the appropriate legal and procedural environmental review and regulatory processes for a given project.
Descriptions and details for representative projects that are ongoing and completed are included on the
following pages. We believe these examples illustrate our experience in working on projects of similar size
and scope. In addition, key members full resumes are provided following our example projects. These team
members are supported by additional staff members with the skills and expertise necessary to respond to
the needs of any project.
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EAST LAKE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT
Project
Description:
VCS prepared the Environmental Impact Report (EIR) and supported City staff with development
of the East Lake Specific Plan. The goal of this project was to overhaul land uses, development
regulations, and architectural guidelines. This area is particularly challenging due to the local
hydrology, presence of environmental resources, complex regulatory requirements and
multiple landowners within the planning area. In order to be responsive to changing market
conditions, evolving lifestyle preferences and the specific needs of potential developers, the
Specific Plan incorporates flexibility for type and intensity of development, so land use decisions
can be made without having to go through a specific plan amendment process. To ensure that
the East Lake Specific Plan is consistent with the General Plan, a review of the General Plan’s
goals and policies was completed and included in the Specific Plan. VCS also provided biological
and cultural resources reports.
HOME SWEET HOME INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Project
Description:
VCS prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the Home Sweet
Home Project in 2019. The site is regionally located in unincorporated Riverside County within
the Lakeland Village of the Elsinore Area Plan. The 7.16-acre project site is located between
Grand Avenue and Brightman Avenue. The current General Plan designation is Mixed Use, and
the current zoning is General Commercial (C-1/C-P). Historically, the property was vacant land
up until the 1920’s when agricultural activities began and continued to about the 1970’s when
the agricultural activities ceased. Presently, the property is vacant and surrounded by residential
uses to the north, south, east and a fire station and vacant land to the west. The Proposed
Project includes a Zone Change request from General Commercial to Mixed Use and the
approval of a tentative tract map. Primary issues analyzed within the Initial Study/Mitigated
Negative Declaration were air quality/noise (construction-related and long-term operational),
biological resources, cultural resources, traffic impacts to the local roadway network and land
use compatibility.
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TUSCANY CREST RESIDENTIAL PROJECT ADDENDUM TO MITIGATED NEGATIVE DECLARATION
Project
Description:
VCS prepared an addendum to Mitigated Negative Declaration (MND) 2006-4 that identified
project-specific impacts associated with developing a portion of the Ramsgate Specific Plan
area. The Scope of Work included the implementation and revision of the Ramsgate Specific
Plan to facilitate water/sewer service connections and address minor revisions to the local
roadway network. The proposed action is subject to a discretionary review process by the City
of Lake Elsinore; thus, an addendum to the MND was prepared to demonstrate California
Environmental Quality Act (CEQA) compliance.
JD RANCH RESIDENTIAL PROJECT ENVIRONMENTAL IMPACT REPORT
Project
Description:
VCS is preparing an Environmental Impact Report for the JD Ranch Residential Project located
in the City of Norco. The project site is a former dairy farm. The proposed project requests
approval of a General Plan Amendment, a Zone Change, and Tentative Parcel Map, to allow for
the development of a 68-unit single family detached housing project. Additionally, the proposed
project involves the reconfiguration of Assessor’s Parcel Numbers (APNs) 121-110-003 and 121-
110-001 to allow for the development of the proposed project. As part of the Memorandum of
Understanding with the City of Norco, the project proposes to deed 7.20 acres (Lot B) to the
City of Norco as open space. In exchange, the City of Norco would deed 8.2 acres of the City of
Norco owned parcel to TACRD Investment to be incorporated into the proposed project. The
EIR for this project is currently out for public review.
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TRUMARK RESIDENTIAL PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Project
Description:
VCS prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the Trumark
Residential Project. The project site is located in the City of Mission Viejo, within the City of
Riverside. Locally, the 13.4-acre project site is located within the northeastern area of the City
of Mission Viejo on El Toro Road between Marguerite Parkway and State Route 241 (SR-241).
The project includes the development of 91 multiple-family dwelling units. The General Plan
land use designation was amended from Open Space/Recreation to Residential Planned
Development 30 (RPD-30) and the Zoning on the site was changed from Recreation to
Residential Planned Development 30 (RPD-30). The project required a Planned Development
Permit approval, Lot Line Adjustment and requested variances to the City’s Zoning Code site
development standards. Primary issues analyzed within the Initial Study/Mitigated Negative
Declaration were air quality/noise (construction-related and long-term operational), biological
resources, cultural resources, traffic impacts to the local roadway network and land use
compatibility.
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JULIE VANDERMOST BEEMAN | Experience: 30+ years
VCS President | Role: Contract Administrator
ABOUT
Julie Vandermost Beeman is President and founder of Vandermost Consulting
Services, Inc., doing business as VCS Environmental, a full-service environmental
firm headquartered in San Juan Capistrano. VCS was founded in 1996 and
specializes in CEQA/NEPA, biology, regulatory and cultural services. Julie leads a
24-member team that serves private sector and public agencies throughout
Southern California.
SELECT PROJECTS
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) ON-CALL
Julie manages the SBCTA On-call contract for the San Bernardino County
Transportation Authority. The first five-year contract was $3.7 million. VCS is in its
second $3 million, five-year contract to provide staffing services on an as-needed
basis for major transportation projects throughout San Bernardino County. Julie
assigns and manages staff to assist with projects and leads key projects, including:
• 33-Mile I-10 Express Lanes | SBCTA, San Bernardino County
• I-15/I-215 Devore Interchange | SBCTA | San Bernardino
• 15-Mile I-15 Express Lanes | SBCTA | San Bernardino County
• Numerous Interchanges and Grade Separations
EAST LAKE SPECIFIC PLAN | LAKE ELSINORE, CA
Julie worked with the City to prepare an Opportunities & Constraints report
related to the Lake Elsinore Back Basin. A major Specific Plan Amendment was
prepared by the City as a result of this effort, which modified land uses to
maximize the City’s “Dream Extreme” development goals. Julie also oversaw the
VCS preparation of the Environmental Impact Report for the Specific Plan
Amendment.
TRUMARK RESIDENTIAL PROJECT | MISSION VIEJO, CA
The proposed project involved approval of a General Plan Amendment, Zone
Change, Planned Development Permit, Tentative Tract Map and Variances to
allow for the construction and operation of a 91-unit multiple-family dwelling
residential development project. Julie provided project oversight.
BORBA SCHAEFER AVENUE STORAGE PROJECT | ONTARIO, CA
The Borba Schaefer Avenue Storage Center Specific Plan provides for the
development of 229,200 square feet of indoor self-storage area and 645 vehicle
storage spaces. The Plan includes construction of self-storage buildings along
Archibald Avenue and Schaefer Avenue. A landscape program, including a
landscaped neighborhood edge, is proposed to complement the building
architecture and to enhance streetscape views for motorists and pedestrians. The
proposed project would amend the Avenues Specific Plan and change the existing
Medium Density Residential zoning on the project site to Retail/ Commercial. The
project is also within the Ontario International Airport and Chino Airport Influence
Areas. Key environmental topics in the IS/MND include hazardous materials due
to contamination associated with the site’s previous farming uses, water quality,
vehicle miles traveled, biological issues, and historical farm structures. Julie is the
Project Manager.
EDUCATION
B.A. Sociology, Minor in
Criminal Justice: California
State University, Fullerton
1987
PROFESSIONAL AFFILIATIONS
Building Industry Association
(BIA)
American Planning Association
(APA)
Association of Environmental
Professionals
Association of State Wetlands
Managers
Ecological Restoration Business
Association
Orange County Women’s
Transportation Seminar
(WTS)
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ERIC TURNER | Experience: 14 years
Director of Environmental Services | Role: QA/QC
ABOUT
Eric has worked with interdisciplinary teams in support of transportation,
infrastructure, port, coastal, commercial, and residential projects in the southern
California area since 2010. He has also provided technical support for various
port, coastal, rail, and roadway projects in northern California, Georgia, Maryland,
Washington, and Virginia. Prior to his consulting career, Eric worked for the City
of San Diego Environmental Services Department. VCS responsibilities include
preparing and processing environmental documents in compliance with the
California Environmental Quality Act (CEQA), the National Environmental Policy
Act (NEPA), regulatory permits with the U.S. Army Corps of Engineers (USACE),
Regional Water Quality Control Board (RWQCB), California Department of Fish
and Wildlife (CDFW) and United States Fish and Wildlife (USFWS); and mitigation
compliance. Eric appreciates the importance of fine project details and how they
fit within the larger context of project goals, having managed projects through all
phases: scoping, environmental review, permitting, construction and close-out.
His primary strength is his ability to foresee potential obstacles early in the project
scoping phase and identify appropriate actions to take in advance to maintain
project schedules and budgets.
SELECT PROJECTS
SAN JACINTO RESIDENTIAL DEVELOPMENT PROJECT TTM 38202 | SAN
JACINTO, CA
The project proposed developing an approximately 33.8-acre vacant site
with up to 181 single-family residential homes and associated
infrastructure. Eric was the environmental project manager and primary
author of the Initial Study/Mitigated Negative Declaration, with technical
studies for air quality/greenhouse gas, biological resources, cultural
resources, hazardous materials, and transportation. The project was
certified in January 2024.
SAN JACINTO RESIDENTIAL (TTM 38202) | SAN JACINTO, CA
The project would develop an approximately 33.8-acre vacant site with up to 181
single-family residential homes and associated infrastructure, including
connecting to existing utility systems, frontage improvements, and a portion of
the San Jacinto Valley Master Drainage Plan storm drain system. Eric is the Project
Manager and primary author of the CEQA Initial Study/Mitigated Negative
Declaration (IS/MND). He is also overseeing production of the biological
resources, cultural resources, air quality, greenhouse gases, energy and noise
technical studies and integrating findings of the traffic, hydrology, hazardous
materials, and water quality studies into the IS/MND. The project site is located
within the Western Riverside Multiple Species Habitat Conservation Plan
burrowing owl and narrow endemic plant survey areas.
MCLEISH RANCH TENTATIVE TRACT 31466 | SAN JACINTO, CA
The McLeish Ranch Residential Project requests approval of Tentative Tract Map
31466, Planned Development Permit, and Site Plan approval to allow for the
development of 424 single-family homes. The project site consists of 84.4 acres
with 11.6 acres of open space and landscape areas. Eric is the Project Manager
and is preparing the Initial Study/Mitigated Negative Declaration as well as
assisted with jurisdictional waters avoidance strategy and provided support for
production of the biological resources and cultural resources technical studies.
EDUCATION
MURP (emphasis in
Environmental Planning &
Policy), Cal Poly Pomona, CA
2010
B.A., History, Minor in
Psychology, University of
California, San Diego, CA,
2001
PROFESSIONAL AFFILIATIONS
Association of Environmental
Professionals (AEP)
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DONNA DECKER | 31 years
Director of Planning Services | Role: Project Manager/Day-to-Day Contact
ABOUT
Donna Decker received her Master of Planning and Development Studies
from the University of Southern California (USC). At VCS, Donna is the Director
of Planning Services and her primary responsibilities are the preparation of,
management, and conformance to the requirements of CEQA. This includes
the range of CEQA documents, from Categorical Expemptions, Initial Studies,
Negative Declarations, Mitigated Negative Declarations, Mitigation
Monitoring Plans to Environmental Impact Reports. She has also been lead
planner for deliverables of various documents, including Annexations,
General Plans, General Plan Amendments, Community Plans, and Specific
Plans. She has been the lead project manager in the development of policy
documents for local government; and is a specialist in the preparation of
underwriting procedures for CDBG Disaster Recovery Multi-Family Housing
Policy.
SELECT PROJECTS
CHANDLER PARK SUBDIVISION IS/MND PROJECT | GRIDLEY, CA
The project consisted of the annexation of 40 acres of land through the Local
Agency Formation Commission (LAFCO) process for the entitlement of 203
single-family residential units, 2.3 acres of parkland and detention basin, with
a General Plan Amendment from Residential, Very Low Density to Residential,
Low Density. The parcels ranged from 3,500 square feet to 7,500 square feet
providing affordable-by-design units with reduced side yard setbacks. The
project was designed to provide an open space corridor along the Union
Pacific Railroad (UPRR) right-of-way meeting the park/detention basin area
and connection south to the Heron Landing Subdivision. Donna prepared the
Initial Study/Mitigated Negative Declaration (IS/MND), coordinated
conditions from other departments, and completed the annexation process
throug LAFCO.
KIWI VINEYARD ESTATES IS/MND PROJECT | GRIDLEY, CA
The proposed project subdivided a 20-acre parcel into 56 lots reserving three
large 1-acre lots for existing units. The remaining area was developed into 53,
6,000 square-foot residential single-family lots. The project consisted of
entitlements for annexation and General Plan and Zoning amendments. As
the Planning Director for the City, Donna was the liaison between
departments, the applicant, and LAFCO. She also prepared the IS/MND,
presented the project to the decision-makers from the Planning Commission,
City Council, and then to LAFCO.
EDLER ESTATES | GRIDLEY, CA
The project consisted of the development of 42 single-family lots on an 8.49-
acre parcel. This project required a General Plan Amendment from R-S,
Suburban Residential to R-1 Single Family Residential. The development
included an internal street system connected to two additional subdivisions,
and the development of a shared stormwater detention basin. Donna
prepared the IS/MND, resolutions and ordinances for the entitlements and
ensured that the project coordination between agencies and departments
was seamless.
EDUCATION
B.S., Anthropology-Geography,
Cal Poly Pomona, 1990
Land Use and Environmental
Planning Certification,
University of California,
Irvine, 2000
CERTIFICATIONS
Licensed Landscape Architect,
California, No. 3737, Expires
9/2025
California Construction
General Permit – CASQA
QSP/QSD Certificate No.
20068 Expires 9/2025
PROFESSIONAL AFFILIATIONS
American Planning Association
(APA)
Association of Environmental
Professionals (AEP)
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WADE CAFFREY | Experience: 14 years
Vice President | Role: Biological Resources Lead
ABOUT
Wade Caffrey is the Vice President of VCS Environmental. Wade oversees the
Biological Resources and Regulatory Permitting Department. Wade manages the
biological surveys, biological technical reports, regulatory permitting, and habitat
mitigation work at VCS. His field work includes monitoring mitigation sites and
conducting biological surveys and assessments of onsite resources including
special status species and other sensitive resources. Wade manages the
preparation of and prepares biological reports and planning documents such as
habitat mitigation and monitoring plans (HMMPs), mitigation monitoring reports
(MMRs), California Rapid Assessment Method (CRAM) analysis reports, CEQA,
biological technical reports, species survey reports, jurisdictional delineations,
and habitat conservation plan compliance documents. Wade has extensive
expertise in regulatory services, such as the preparation of United States Army
Corps of Engineers (USACE) Section 404 Permits, United States Fish and Wildlife
Service Section 7 and Section 10 permits, California Department of Fish and
Wildlife (CDFW) Section 1602 Streambed Alteration Agreements, and Regional
Water Quality Control Board (RWQCB) Section 401 Water Quality Certifications.
SELECT PROJECTS
SHADY VIEW | CHINO HILLS, CA
The project proposes the development of a single-family residential subdivision.
The proposed subdivision would consist of 159 single-family residential homes, a
community recreation center, private interior streets, debris basins, utility
infrastructure, and other associated improvements. Wade is preparing and
processing a Regional Water Quality Control Board (RWQCB) Section 401 Permit,
a U.S. Army Corps of Engineers (USACE) 404 Permit, and a California Department
of Fish and Wildlife (CDFW) Section 1602 Streambed Alteration Agreement permit
application submittal.
SBCTA ON-CALL | SBCTA | SAN BERNARDINO COUNTY, CA
Under the on-call environmental contract for San Bernardino County
Transportation Authority (SBCTA), Wade manages all aspects of regulatory
permitting. He prepares U.S. Army Corps of Engineers (USACE) Section 404
Permits, California Department of Fish and Wildlife (CDFW) Section 1602
Streambed Alteration Agreements, and Regional Water Quality Control Board
(RWQCB) Section 401 Water Quality Certifications. Wade also coordinates with
regulatory agencies to process permits.
NEW MODEL COLONY INFRASTRUCTURE IMPROVEMENTS | ONTARIO, CA
The New Model Colony development is comprised of multiple specific plans for
an 8,200-acre area annexed by the City of Ontario. Wade prepared a biological
report for multiple infrastructure related projects, a California Department of Fish
& Wildlife (CDFW) Section 1602 Streambed Alteration Agreement, and a U.S.
Army Corps of Engineers (USACE) 404 Permits. Additionally, Wade conducted
biological surveys and monitoring.
TAPESTRY MITIGATION BANK | HESPERIA, CA
Wade and his team have prepared the draft Prospectus for the 2,500-acre
Tapestry Mitigation Bank located in Hesperia, California. Several title/
stakeholders have been identified for this Bank and Wade is responsible for
building consensus among the parties. To date, a jurisdictional delineation has
been conducted for the site and a mitigation plan identified. Wade and his staff
are now working on the Bank Enabling Instrument and coordinating frequently
with the Internal Review Team (IRT).
EDUCATION
B.S. Biology, San Diego State
University, San Diego, CA
2009
CERTIFICATIONS
SEATAC, County of Los
Angeles, March 2022
Wetland Training Institute
Certified, July 2011
CRAM Certified, 2013
SPECIALIZED TRAINING
Association of Environmental
Professionals
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PATRICK MAXON | Experience: 29 years
Director of Cultural Resources | Role: Cultural Resources Lead
ABOUT
Patrick Maxon M.A., RPA is a Registered Professional Archaeologist who meets
the Secretary of Interior's standards for historic preservation programs for
archaeology and who has a permit to perform work on Bureau of Land
Management land. Patrick has 29 years of experience in all aspects of cultural
resources management, including prehistoric and historic archaeology,
paleontology, ethnography, and tribal consultation. He has expertise in
compliance with NEPA, CEQA, the National Historic Preservation Act (NHPA), the
Archaeological Resources Protection Act, and the Clean Water Act, among others.
He has managed a number of projects within the jurisdiction of the USACE, the
Bureau of Land Management, the Bureau of Reclamation, and other federal
agencies that require compliance with Section 106 of the NHPA. He has also
completed projects throughout Southern California under CEQA for State and
local governments and municipalities.
SELECT PROJECTS
HOME SWEET HOME PROJECT | UNINCORPORATED RIVERSIDE COUNTY, CA
The site is regionally located in unincorporated Riverside County within the
Lakeland Village of the Elsinore Area Plan. The 7.16-acre project site is located
between Grand Avenue and Brightman Avenue. The current General Plan
designation is Mixed Use and the current zoning is General Commercial (C-1/C-P).
Historically, the property was vacant land up until the 1920’s when agriculture
activities began and continued to about the 1970’s when the agricultural activities
ceased. Presently, the property is vacant and surrounded by residential uses to
the north, south, east and a fire station and vacant land to the west. The Proposed
Project includes a Zone Change request from General Commercial to Mixed Use
and the approval of a tentative tract map.
TRUMARK RESIDENTIAL PROJECT | MISSION VIEJO, CA
Pat is the Cultural Resources Manager for the ongoing Cultural Resources services
for the Trumark Residential Project. The proposed project involves approval of a
General Plan Amendment, Zone Change, Planned Development Permit, Tentative
Tract Map and Variances to allow for the construction and operation of a 91-unit
multiple-family dwelling residential development project. The Phase I study
consists of a records search and literature review, a pedestrian survey of the
project site, Native American scoping, and preparation of a technical report
describing the results of the study. The Project site is within the Upper Aliso Creek
Archaeological District and is sensitive for the presence of cultural resources.
Subsequently, he assisted in the identification of AB 52/SB 18 consulting parties
and participated in the consultation meetings.
BORBA SCHAEFER AVENUE STORAGE PROJECT | ONTARIO, CA
Pat is the Cultural Resources Manager the Borba Schaefer Avenue Storage Center
Specific Plan provides for the development of 229,200 square feet of indoor self-
storage area and 645 vehicle storage spaces. A series of self-storage buildings are
proposed along Archibald Avenue and Schaefer Avenue. The proposed project
would amend The Avenue Specific Plan would change the existing Medium
Density Residential zoning on the project site to Retail/Commercial. The Phase I
study consists of a records search and literature review, a pedestrian survey of
the project site, Native American scoping, and preparation of a technical report
describing the results of the study.
EDUCATION
Master of Arts Anthropology:
California State University,
Fullerton, 1994
B.A. Psychology, Sociology:
Towson State University,
Towson, MD, 1987
CERTIFICATIONS/TRAINING
Riverside County Transportation
and Land Management Agency
Certified Archaeologist (No.
226)
California Energy Commission
Cultural Resources Specialist
Registered Professional
Archaeologist (National)/No.
11468/Register of Professional
Archaeologists
Orange County Certified
Archaeologist, 1999
National Historic Preservation Act
Section 106 Compliance
Advanced Certification, 2002
Principal Investigator, Southern
California/Bureau of Land
Management
Qualified Archaeologist –
Secretary of the Interior
Standards and Guidelines of
Professional Qualification &
Standards for Archaeology, as
per Title 36, Code of Federal
Regulations, Part 61/
PROFESSIONAL AFFILIATIONS
Pacific Coast Archaeological
Society
Society for California Archaeology
Society for American Archaeology
American Cultural Resources
Association
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WILLA SUMER | Experience: 12 years
Assistant Project Manager | Role: GIS Specialist
ABOUT
Willa has been working in public and private sector urban planning since 2009,
with an emphasis on water resource management and Geographic Information
Systems (GIS) technology applications. Duties include preparation and processing
of environmental documents and regulatory permits, coordinating with team
members, and conducting research and spatial analysis. Prior to joining VCS, Willa
worked for the San Diego Association of Governments and the New York City
Department of Parks and Recreation. Willa’s main strength is her ability to identify
key issues and perform complex analysis to effectively problem-solve.
SELECT PROJECTS
ANITA STREET WET WELL AND COASTAL ACCESSWAY IMPROVEMENT PROJECT |
LAGUNA BEACH, CA
The proposed project involves the removal of the Anita Street Lift Station and the
construction of a wet well to increase reliability, robustness, and to improve the
efficiency of operations and safety. Additionally, the project would rehabilitate
the Anita Street Coastal Accessway to create a more visually appealing beach
access to Anita Beach. Willa assisted with vegetation, and other mapping and
spatial analysis for the project.
GATE KING INDUSTRIAL PARK TRACT 50283 | SANTA CLARITA, CA
The Gate King Industrial Park Tract 50283 Project was an industrial park on
approximately 250 acres. Willa assisted with the regulatory permitting and
coordinated with the VCS biological team to amend environmental permits from
the United States Army Corps of Engineers and the California Department of Fish
and Wildlife.
SUMMERLY | LAKE ELSINORE, CA
Summerly by McMillin Companies, LLC, is a master planned golf community in
Lake Elsinore for which VCS provided strategic environmental planning and
regulatory permitting services. Willa has prepared background research on
project history and regulation and utilized ArcGIS to perform analysis and create
informational graphics.
CALIFORNIA HIGH-SPEED RAIL | STATE OF CALIFORNIA
VCS conducted peer-review of technical reports produced as part of the Palmdale
to Burbank Section of the California High-Speed Rail project. Willa reviewed these
technical reports for both editorial and methodological content and provided
feedback to the Environmental/Engineering Services team.
BORBA SHAEFER AVENUE STORAGE PROJECT| ONTARIO, CA
The Borba Schaefer Avenue Storage Center Specific Plan provides for the
development of 229,200 square feet of indoor self-storage area and 645 vehicle
storage spaces. A series of self-storage buildings are proposed along Archibald
Avenue and Schaefer Avenue. The proposed buildings have been provided with a
variety of articulations, massing, textures, and colors to provide visual interest. A
landscaped program, including a landscaped neighborhood edge, is proposed to
complement the building architecture and to enhance streetscape views for
motorists and pedestrians. Willa is preparing acreage calculations for soil type and
vegetation, in addition to analysis of state- and federally-listed species.
EDUCATION
MURP, University of California,
Irvine, 2015
B.A., Environmental Policy and
Economics, Fordham
University, New York, 2010
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LINDA BO | Experience: 33 years
CEQA/NEPA Production Coordinator | Role: CEQA Production Coordinator
ABOUT
Linda has over 30 years of experience working with CEQA documents and joined
VCS in January 2020. She coordinates, prepares, and produces large, complex
documents, presentations, and papers within critical, time-sensitive deadlines,
ensuring quality of materials produced in compliance with formatting and
graphics standards and expectations. Her attention to quality control and detailed
document management adds to VCS’s commitment to producing high-quality,
error-free work product.
SELECT PROJECTS
HOME SWEET HOME PROJECT | COUNTY OF RIVERSIDE, CA
VCS prepared the Initial Study/Mitigated Negative Declaration for the Home
Sweet Home Project. The 7.16-acre project site is located between Grand Avenue
and Brightman Avenue in the Lakeland Village. The proposed project included a
Zone Change request from General Commercial to Mixed Use and the approval
of a tentative tract map. Linda assisted with the distribution and noticing for the
project.
TUSCANY CREST TENTATIVE TRACT MAP 333725 PROJECT | LAKE ELSINORE, CA
VCS prepared the Initial Study/Mitigated Negative Declaration Addendum for the
Tuscany Crest Tentative Tract Map 333725 Project. Linda assisted with key
sections of the Addendum.
MCLEISH RANCH TENTATIVE TRACT 31282 PROJECT | SAN JACINTO, CA
McLeish Ranch Residential Project requests approval of Tentative Tract Map
31466, Planned Development Permit, and Site Plan approval to allow for the
development of 424 single-family homes. The project site consists of 84.4 acres
with 11.6 acres of open space and landscape areas. Linda is assisting with
research/investigation, key sections of the Initial Study/Mitigated Negative
Declaration and all distribution and noticing for the project.
MONTEOLIVO SUBDIVISION PROJECT | CORONA, CA
VCS prepared the Initial Study/Mitigated Negative Declaration Addendum for the
Monteolivo Project. The proposed project modifications documented and
evaluated in Addendum 1 include construction of the offsite sewer line,
construction of onsite stormwater management improvements, the conversion
of a wastewater treatment pond into a water quality treatment detention basin
and a proposed new secondary access into the Monteolivo Subdivision. Linda
assisted with the preparation of the Addendum.
TRUMARK RESIDENTIAL PROJECT | MISSION VIEJO, CA
The proposed project involved approval of a General Plan Amendment, Zone
Change, Planned Development Permit, Tentative Tract Map and Variances to
allow for the construction and operation of a 91-unit multiple-family dwelling
residential development project. Amidst COVID-19 conditions, Linda assisted the
Cultural Resources Director at VCS, to hold teleconferencing meetings with the
Native American Tribes and the City to obtain consensus on monitoring to close
AB 52/SB 18 consultations to maintain the project schedule. In addition, she
assisted with research, key sections of the IS/MND, and all distribution and
noticing for the project.
EDUCATION
A.A., Business Education: Rider
University, Lawrenceville, NJ;
1985
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GREG TONKOVICH, AICP | Experience: 18 years
Subconsultant: Vista Environmental | Role: Air Quality, Energy, Greenhouse Gas, Noise Analysis
ABOUT
Greg Tonkovich has over 18 years of air quality and noise analysis experience.
He specializes in air quality and noise impact analyses for governmental agencies
and the business community and has completed numerous complex air and
noise studies that conform to both the California Environmental Quality Act
(CEQA) and the National Environmental Policy Act (NEPA) requirements. Greg’s
air quality analysis experience includes global climate change analyses and
health risk assessments. He is proficient in utilizing CalEEMod, URBEMIS2007,
CALINE4, ISCST3, AERMOD, EMFAC2014, and OffRoad2011 models, in order to
quantify emissions impacts as well as to assess the efficacy of proposed
mitigation. Greg is also experienced in noise analyses and is proficient in utilizing
FHWA Traffic Noise Model (TNM), FHWA Roadway Construction Noise Model
(RCNM), FAA Integrated Noise Model (INM), and SoundPlan. In addition, he has
created and implemented a noise program based on the FHWA-RD-77-108
Standard. Through the use of the above models, he is able to efficiently
determine noise impacts to nearby sensitive land uses and assess the efficacy of
proposed mitigation. Greg is experienced in a wide range of project types,
including residential, commercial, industrial, and recreational projects as well as
public projects that include specific plans and general plans. He has completed
air quality and/or noise analyses in over 200 different local jurisdictions
throughout California.
SELECT PROJECTS
TRUMARK RESIDENTIAL PROJECT | MISSION VIEJO, CA
Prepared for VCS an Air Quality, Energy and GHG Emissions Analysis that analyzed
development of a 91-unit multiple-family dwelling residential development
project.
SCHAEFER AVENUE STORAGE CENTER PROJECT | ONTARIO, CA
Prepared for VCS an Air Quality, Energy and GHG Emissions Analysis and Noise
Impact Analysis that analyzed development of a storage facility project.
LEGACY AT COTO SENIOR LIVING RESIDENTIAL PROJECT | COTO DE CAZA, CA
Prepared an Air Quality, Energy and GHG Emissions Analysis that analyzed the
development of a 95-unit active senior living project.
BLUFFS AT BOCA | SAN CLEMENTE, CA
Prepared for VCS an Air Quality, Energy and GHG Emissions Analysis and Noise/
Vibration Impact Analysis that analyzed development of seven single-family
homes on the side of a bluff.
JD RANCH RESIDENTIAL PROJECT | NORCO, CA
Prepared for VCS an Air Quality, Energy and GHG Emissions Analysis and Noise
Impact Analysis that analyzed development of a 69-unit single-family detached
housing project on 35 acres.
CHAPMAN YORBA VIII PROJECT | ORANGE, CA
Prepared for VCS an Air Quality, Energy and GHG Emissions Analysis and Noise
Impact Analysis that analyzed development of a 158-apartment senior housing
project and a 152,653 square foot self-storage building on approximately 8.2
acres of vacant land.
EDUCATION
M.S., Electrical Engineering,
University of Southern
California
B.S., Planning and
Development, University of
Southern California
REGISTRATIONS/CERTIFICATIONS
American Institute of Certified
Planners (AICP)
American Planning Association
(APA)
Institute of Noise Control
Engineering (INCE)
State of California General ‘B’
Contractors License
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TIMOTHY LESTER, REA II, CEM | Experience: 25+ years
Subconsultant: TA-Group DD, LLC | Role: Phase I Environmental Site Assessment
ABOUT
As Managing Principal of TA-Group DD, LLC, Tim Lester provides consulting and
technical services as a project manager, expert witness, and technical expert for
investigation and cleanup efforts at sites impacted by heavy metals, petroleum
hydrocarbons, pesticides, PNA and PCB, solvents, and radionuclides (NORM). As
a remediation specialist, he has hands on experience designing, installing, and
managing large scale metals fixation, bioventing, soil vapor extraction, sparging,
and free phase hydrocarbon recovery projects. He has over 25 years of
environmental investigation and remediation experience, plus four years of
related experience in the geotechnical and petroleum exploration businesses. Mr.
Lester has been an active participant on all phases of remediation planning,
cleanup strategy, feasibility evaluation, remedial implementation, and litigation
support for a variety of industrial and commercial projects.
SELECT PROJECTS
CHAPMAN YORBA VIII PROJECT | ORANGE, CA
The proposed Chapman Yorba VIII Project involves the development of a 158-unit
apartment senior housing project and a 152,653 square foot self-storage building
on approximately 8.2 acres of vacant land. As a subconsultant to VCS, Tim
prepared the Phase I and Phase II Environmental Site Assessments (ESA) for the
project to assess the presence or likely presence of any hazardous substances or
petroleum products on the property for the Environmental Impact Report.
Geotechnical investigations identified historical disposal of construction materials
(concrete, wood, rebar, etc.) beneath the site to a depth of 27-feet below grade
(bg). Subsurface investigations including trenching, installation of soil borings and
the like have been conducted previously at the site without revealing the disposal
of hazardous waste. Tim did soil gas sampling to evaluate the potential presence
of methane gas, sampling for volatile organic compounds (VOC’s) was also
conducted in accordance with applicable regulatory guidelines.
SCHAEFER AVENUE STORAGE CENTER SPECIFIC PLAN PROJECT | ONTARIO, CA
The Schaefer Avenue Storage Center Specific Plan Project provides for the
development of up to 363,740 square feet of self-storage area on approximately
37 acres of land. As a subconsultant to VCS, Tim conducted a Phase I
Environmental Site Assessment (ESA) for the project’s Environmental Impact
Report. The site is developed with two former dairies and several residences.
JD RANCH RESIDENTIAL PROJECT | NORCO, CA
The JD Ranch residential project will create 69 single-family homes on 34.37 acres
and is located in the City of Norco. The site contains existing City water well
facilities, including several wells and related piping and utilities and two above
ground water storage reservoirs. Additionally, portions of the site have been used
by the city as a spoils/staging yard. Currently on the site are a ranch house, a
former milking barn, retail outlet, barns/sheds, and dairy related features
including pastures, impoundment, pole barns, and fencing. As a subconsultant to
VCS, Tim conducted a Phase I Environmental Site Assessment (ESA) for the
project’s Environmental Impact Report.
EDUCATION
B.S., Geology, California State
University Bakersfield, 1985
LICENSES/CERTIFICATIONS
Registered Environmental
Assessor II No. 20047, State
of California
Certified Environmental
Manager No. EM-1754,
State of Nevada
HAZWOPER 40-hour OSHA
Training
HAZWOPER Site Supervisor 8-
Thour Training
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2.0 METHOD OF APPROACH
Project Understanding and Approach
CEQA mandates that projects that are consistent with the development density established by existing
zoning, community plan, or general plan policies for which an EIR was certified shall not require additional
environmental review, except as might be necessary to examine whether there are project-specific
significant effects which are peculiar to the project or its site. This streamlines the review of such projects
and reduces the need to prepare repetitive environmental studies. The courts recently upheld this
approach in Hilltop Group Inc. v. County of San Diego.
In approving a project meeting the requirements of this section, a public agency shall limit its examination
of environmental effects to those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would be located;
(2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or
community plan with which the project is consistent;
(3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the
prior EIR prepared for the general plan, community plan or zoning action; or
(4) Are previously identified significant effects which, as a result of substantial new information which
was not known at the time the EIR was certified, are determined to have a more severe adverse
impact than discussed in the prior EIR.
In the case of the Eastlake Specific Plan (ELSP) Environmental Impact Report (EIR), the intention of the City
was to cover as many impacts as possible for future new development. It was, however, not feasible to
undertake an on-the-ground biological or cultural survey for each area of the Specific Plan. Additionally,
new CEQA categories for Transportation (Vehicle Miles Traveled [VMT]) and Tribal Cultural Resources have
been incorporated into Appendix G of the CEQA Guidelines since the adoption of the ELSP. These sections
would also be included.
The ELSP EIR required the following measures for biology and cultural analysis:
MM BIO-3 Mitigation for impacts to vegetation communities caused by development within the
Project site will be achieved through compliance with MSHCP requirements as
applicable. Each future implementing development project will go through the MSHCP
approval process. Mitigation for impacts to sensitive vegetation communities associated
with jurisdictional waters, riparian, riverine, or vernal pool resources may be satisfied
through compensatory and/or preservation requirements described below under MM
BIO-4 and MM BIO-8.
MM BIO-3a Prior to issuance of any grading permit, the project applicant of a future implementing
development project shall complete systematic wildlife and sensitive plant surveys to
document species occurrence. For sensitive species detected onsite, but not covered by
the MSHCP, project specific mitigation measures will be included in future specific plan
approvals to offset impacts. These measures shall include the preservation of
appropriate natural open space areas in perpetuity via a conservation easement and
provision of a non-wasting endowment to fund the long-term management by a CDFW-
approved local conservation entity. Preservation of open space shall occur at a minimum
1:1 ratio.
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MM BIO-4a Whenever more than 10% of the area with long term conservation value within a future
implementing development project’s footprint is affected by that future implementing
development project’s activities and the DBESP has been prepared and approved, if the
mitigation strategy includes translocation and or seed collection with propagation to an
on-site or off-site preserved property, the receiving property must be acceptable to the
City and Wildlife Agencies. The property shall provide habitat characteristics suitable to
support the plant species, including but not limited to: appropriate soils, elevation,
hydrology and vegetation community. The property shall be conserved via recordation
of a conservation easement or deed restriction in favor of a CDFW-due diligence
approved local conservation entity to protect sensitive plant species on the property in
perpetuity. Alternatively, the land may be transferred in fee title to a CDFW approved
local conservation entity. A management fund shall be established by the Applicant and
will consist of an interest-bearing account with the amount of capital necessary to
generate sufficient interest and/or income to fund all monitoring, management, and
protection of the conservation area(s), including but not limited to, reasonable
administrative overhead, biological monitoring, invasive species and trash removal,
fencing and signage replacement and repair, law enforcement measures, long-term
management reporting (as described below), and other actions designed to maintain and
improve the habitat of the conserved land(s), in perpetuity. A Property Analysis Record,
or substantially equivalent analysis, shall be conducted by the Applicant and approved
by the City to determine the management needs and costs described above, which then
will be used to calculate the capital needed for the management of the fund. This
management fund shall be held and managed by a CDFW-approved local conservation
entity. To protect the mitigation area(s), the Applicant shall place appropriate fencing
and/or natural barriers and signage around the perimeter of each site. Except for uses
appropriate to a habitat conservation area, the public shall not have access to the
mitigation area(s), and no activities shall be permitted within the site, except
maintenance of habitat, including the removal of nonnative plant species, trash, and
debris, and the installation of native plant materials. Mitigation areas can include limited
trails to allow passive use of the land, subject to CDFW and City approval. Prior to any
ground disturbance, the Applicant shall prepare a Planting Plan (Plan) for sensitive plant
species. The Plan shall require a replacement ratio of 1:1 by area, and ensure a minimum
90 percent survivorship at the end of a five-year monitoring period, which shall be
verified by the monitoring biologist (minimum qualifications of the monitoring biologist
are specified below). At a minimum, the five-year plan shall include the following
information:
a) A description of the existing conditions of the receiver site(s), characterizing the
suitability of the site(s) for the plant, and documenting the acreage of the site.
b) A description of how the site will be preserved in perpetuity, e.g., conservation
easement, deed restriction, etc., and the name of the CDFW-approved due
diligence entity that will hold the easement/deed restriction, etc.
c) Qualifications of the monitoring biologist: At a minimum, the monitoring
biologist will possess a minimum of two-year’s experience conducting habitat
restoration projects in coastal sage scrub, chaparral and/or other native habitat
in Riverside County, California.
d) Receiver site preparation for transplanting.
e) Goals for success.
f) Schedule.
g) Propagation techniques.
h) Transplant and seedling installation methods.
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i) Plant spacing.
j) Performance criteria for success, including provision for control of non-native
and invasive species.
k) Monitoring and reporting procedures for each of the five years of the monitoring
period.
l) Adaptive management strategies, including a contingency plan should the site
fail to meet the specified success criteria.
m) Maintenance requirements that will be reviewed and approved by the City. The
Plan shall also ensure a mixture of both male and female plants (where
appropriate).
MM BIO-5 Most of the special status wildlife species with potential to occur within the Project site
are covered under the MSHCP. Therefore, mitigation for potential impacts to special
status wildlife species caused by development within the Project site will be achieved
through compliance with MSHCP requirements. Each future implementing development
project will go through the MSHCP approval process (including burrowing owl surveys
and/or other focused species surveys as appropriate for each site/development, per
MSHCP requirements).
MM BIO-6 Unless impacts can be avoided, focused surveys conducted pursuant to Appendix E of
the MSHCP, Summary of Species Survey Requirements shall be conducted to determine
presence/absence of Riverside fairy shrimp within vernal pool habitat. If fairy shrimp are
present, the City shall determine whether avoidance can be achieved. If not, and 90
percent of the occupied portions of the property that provide for long-term conservation
value for the fairy shrimp shall be conserved consistent with the MSHCP.
MM CUL-1 Prior to implementation of each implementing development project that shall occur in
undisturbed native soils, an archaeological survey shall be conducted by a qualified
archaeologist to document site conditions and any identified cultural resources. A survey
shall not be required where ground disturbance is limited to invasive plant species
removal or planting of native plant species, without the use of heavy equipment (e.g.
scrapers or excavators), for enhancement or preservation of those sites or where
documentation shows that prior disturbance greater than nine (9) feet in depth has
occurred. Examples of adequate documentation include “As-Builts”, geotechnical
reports, or similar documents reviewed by the Project’s archeologist and provided to the
City with the grading permit application. Previous archeological surveys may be utilized
provided they are no more than five years old at the time of submitting the grading
permit application (survey age requirement based on period of time where site
conditions and/or survey methodologies may have substantially changed; thus,
warranting a new survey).
If any site is confirmed to meet the eligibility criteria in Section 15064.5(a) (3) (A–D) in
the State CEQA guidelines, consultation between the City of Lake Elsinore, the developer,
the project archeologist, and the Pechanga Band of Luiseño Indians (Pechanga Band) and
Soboba Band of Luiseño Indians (Soboba Band) will be initiated in order to determine
specific disposition in compliance with Section 15126.4(b)(3) of the State CEQA
Guidelines.
The biological surveys for the project cite impacts peculiar to the project, namely the presence of waters
of the State, least Bell’s vireo, vernal pools and smooth tarplant. While these issues will be managed
through the Multiple Species Habitat Conservation Plan (MSHCP) and the California Department of Fish and
Wildlife (CDFW) Section 1602 Streambed Alteration Agreement and the Regional Water Quality Control
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Board (RWQCB) Waste Discharge Requirements, they were not disclosed to the public under CEQA.
Additionally, both agencies will require a CEQA document to recertify in order to issue their permits.
The cultural study for the project found no impact, but because a subsequent CEQA document will be
required, we believe that AB52 consultation is required, and both the Cultural and Tribal Cultural Resources
categories should be included in the subsequent IS/MND.
A discussion of hydrology will also be necessary as it relates to the protection of the avoided. vernal pools.
Based on our initial review of the focus surveys, it appears that these are the only categories that would
need to be discussed in a subsequent document. We would also prepare a letter for the City incorporating
the ELSP EIR mitigation measures by reference and go through each CEQA topic to demonstrate consistency
with the ELSP EIR, as shown in the attached example prepared for the City of Moorpark (Attachment A).
Scope of Work
TASK 1.0 PROJECT INITIATION
1.1 Project Kick-Off Meetings
Two project kick-off meetings with the Applicant and Staff and preparation of a detailed project description.
1.2 Peer Review of Technical Studies
VCS will peer review the Applicant’s technical studies to confirm their adequacy for use for the CEQA
document preparation. The following studies will be peer reviewed:
Acoustical Analysis
Air Quality and Greenhouse Gas Analysis
Biological Resources Technical Reports
Phase I Cultural Resources Assessment
Phase I Environmental Site Assessment
TASK 2.0 ADMINISTRATIVE DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
VCS will prepare an Administrative Draft IS/MND, citing CEQA Section 15183, incorporating the ELSP
document and mitigation measures by reference, a brief description of each CEQA category demonstrating
why additional analysis is not required for any topics other than those identified above. VCS will answer the
CEQA checklist questions for the following topics:
Biological Resources: This will rely on the background and mitigation measures in the ELSP EIR but
will also include a discussion of the project specific resources and mitigation. Hydrology data
related to the avoidance of vernal pools will be included in this section.
Cultural Resources: This will incorporate the project cultural report findings for use by the tribes
for AB52 analysis.
Transportation: This will cite the VMT analysis that has been prepared.
Tribal Cultural Resources: This will mirror the cultural resources section with the addition of an
AB52 discussion.
TASK 3.0 SECOND ADMINISTRATIVE DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
VCS will submit one (1) electronic copy of the Administrative Draft IS/MND for review and comment by the
City.
VCS will respond to one consolidated set of comments on the Administrative Draft IS/MND. Should the City
provide various sets of comments, a change order may be required. Upon incorporation of edits, VCS will
submit one electronic (1) “check copy” of the Revised Administrative Draft document, which will
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incorporate one complete set of comments received from the City. Changes to the draft document will be
made in track changes to assist the review. It is assumed that any substantive comments will be received
as part of the Administrative Draft review and any additional comments to the Revised Administrative Draft
document will be minimal. Upon receipt of comments on the Revised Administrative Draft, VCS will prepare
the document for Public Review.
TASK 4.0 PUBLIC REVIEW DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
VCS will prepare the Public Review Draft IS/MND and the Notice of Intent (NOI). The NOI and Mitigated
Negative Declaration will be attached to the Initial Study to summarize the proposed project and its effects.
VCS will prepare a Notice of Completion and submit the document to the State Clearinghouse. In addition,
this task includes posting of the NOI at the County of Riverside Recorder’s Office. VCS will also be available
to assist the City with the required radius mailing (assumes the Client or City provides the addresses and
labels) and newspaper notices (assumes the City contracts with the newspaper for the ad and Client pays
the required fees) required for the project. The document will be circulated for a 30-day public review and
comment period.
TASK 5.0 FINAL INITIAL STUDY/NEGATIVE DECLARATION-MITIGATED NEGATIVE DECLARATION
5.1 Responses to Comments
VCS will respond to environmental comments received on the Public Review Draft IS/MND during the public
review period. VCS will prepare thorough, reasoned, and sensitive responses to relevant environmental
issues. The Draft Responses to Comments will be prepared for review by the City and submitted
electronically. VCS will submit an electronic “check copy” of the revised Responses to Comments, which
will incorporate one complete set of comments received from the City. It is assumed that any substantive
City comments on the Draft Response to Comments will be received as part of the initial review and any
additional comments to the Revised Draft document will be minimal. Upon receipt of City comments on
the Revised Draft, VCS will prepare the Final Responses to Comments. VCS has assumed 30 staff hours for
this task.
It is noted that the extent of public and agency comments resulting from the review process is currently
unknown. We have budgeted conservatively based upon our understanding of the project and assume only
minor supplemental technical support may be necessary. Should the level of comments exceed our
estimate or require more substantial technical analysis, VCS will advise the Client and submit an additional
funding request. Similarly, if comments are minor, less funding will be required. Please note that the level
of effort required to adequately address comments is predicated on the technical nature of comments
received and the number of discrete comments received, not necessarily the number of comment letters
received.
5.2 Mitigation Monitoring and Reporting Program
VCS will prepare a Mitigation Monitoring and Reporting Program (MMRP). The MMRP will be defined
through working with City staff to identify appropriate monitoring steps/procedures and will provide a basis
for monitoring such measures during and upon project implementation. The Checklist will indicate the
mitigation measure number as outlined in the IS/MND, a list of Mitigation Measures/Conditions of Approval
(in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/
department responsible for verifying implementation of the measure), Method of Verification
(documentation, field checks, etc.), and a verification section for the initials of the verifying individual date
of verification, as well as pertinent remarks.
5.3 Completion of Final Initial Study/Negative Declaration-Mitigated Negative Declaration
If necessary, VCS will prepare an Errata to the Public Review Draft IS/MND for City review and approval.
The Errata will be a stand-alone document identifying any revised text in strikethrough and underline, as
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES | PA 2019-89 East Lake Villas Project
VCS Environmental Page | 21
necessary to address comments received on the Draft document. The Final IS/MND will be comprised of
the responses to comments and Errata, along with the Public Review Draft IS/MND, previously provided.
TASK 6.0 PUBLIC HEARINGS AND POST CERTIFICATION
6.1 Public Hearings
VCS will represent the environmental Project Team at public hearings and make presentations, as
necessary. For budgeting purposes, the following hearings have been identified:
• One City Planning Commission Hearing
• One City Council Meeting
Should additional hearings be necessary beyond those identified above, services will be provided on a time
and materials basis.
6.2 Post-City Adoption
After certification, a clean electronic copy of the adopted IS/MND, which incorporates changes to the Public
Review Draft IS/MND and Mitigation Monitoring and Reporting Program will be provided to you and the
City.
6.3 Notice of Determination
VCS will prepare the Notice of Determination (NOD) and file the NOD at the County of Riverside Recorder’s
Office as well as provide a copy of the NOD to the State Clearinghouse within five (5) days of IS/MND
certification and project approval, which will start the 30-day Statute of Limitations on any legal challenge
to the CEQA document.
7.0 PROJECT MANAGEMENT
Eric Turner will be responsible for management and supervision of the environmental Project Team. He will
coordinate with the City as well as internal technical staff, and support staff toward the timely completion
of the IS/MND. We have assumed 52 hours for project management. Should additional hours be required
a change order will be requested.
8.0 CIRCULATION TASKS AND REIMBURSABLES
VCS will bill mileage and deliverables at cost each month. Client to provide reprographics account number
for printing; VCS uses Crisp Imaging.
ASSUMPTIONS:
The City of Lake Elsinore will provide all available site and project information.
The City of Lake Elsinore will perform all work related to Assembly Bill 52 (AB 52) Consultation. If
the City requests VCS’ assistance in this government-to-government process, VCS may require a
change order or can bill time and materials directly.
No modifications to the Project Description will occur after approval by the City of Lake Elsinore.
Modifications to the Project Description create major text and figures editing issues that would
require a change order.
The Project is consistent with the applicable land use and zoning for the Project site and does not
require a General Plan Amendment.
Newspaper notices required for the project will be the responsibility of the City of Lake Elsinore
and paid for by the Client.
VCS will upload the IS/MND documentation to the State Clearinghouse’s CEQAnet database.
VCS will prepare the Notice of Determination (NOD) and file at the County of Riverside Recorder’s
Office as well as upload the NOD to the State Clearinghouse’s CEQAnet database.
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES | PA 2019-89 East Lake Villas Project
VCS Environmental Page | 22
Assumes the Client will provide all technical studies for the document. VCS has assumed a “typical”
amount of review time to incorporate the data from these studies into the IS/MND. If upon review
they are determined to need revisions or augments for CEQA adequacy, a change order may be
needed for the additional coordination and review effort.
Assumes the Client will provide CADD files that are georeferenced so that they line up accurately
on aerials and can be manipulated in GIS. VCS has assumed a “typical” amount of review and
conversion time to integrate the CAD into shapefiles for graphics. If upon review they are
determined to be missing information or have a complex organization system, a change order may
be needed for the additional coordination and review effort.
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES | PA 2019-89 East Lake Villas Project
VCS Environmental Page | 23
3.0 PROPOSED SCHEDULE
The following is a conceptual schedule for the preparation and processing of an Initial Study/Mitigated
Negative Declaration. A date-specific schedule will be provided subsequent to a kick-off meeting.
Project Initiation and Kick-off Meetings ........................................................................................ Week 1
Peer Review Technical Studies ................................................................................................. Week 1-2*
VCS prepares Administrative Draft IS/MND ......................................................................... Weeks 3 – 11
City Review of Administrative Draft IS/MND.......................................................................... Week 12-15
VCS completes Second Draft IS/MND .................................................................................... Week 16-17
City review of Check Copy Draft IS/MND ............................................................................... Week 18-19
Print and distribute Public Review IS/MND ................................................................................. Week 20
30-Day Public Review ......................................................................................................... Weeks 21 – 24
VCS prepares Final IS/MND ......................................................................................................... Week 25
Print and distribute Final IS/MND ............................................................................................... Week 26
Hearing ............................................................................................................................................... TBD
*Assumes technical studies will require little to no edits to maintain schedule
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES | PA 2019-89 East Lake Villas Project
VCS Environmental Page | 24
4.0 PROJECT BUDGET
TASK COST
1.0 Project Initiation
1.1 Project Kick-Off Meeting and Field Review $8,100
1.2 Peer Review Technical Studies $5,760
2.0 Administrative Draft IS/MND $18,795
3.0 Administrative Draft IS/MND $4,800
4.0 Public Draft IS/MND $6,700
5.0 Final IS/MND $0
5.1 Responses to Comments (assumes 30 staff hours) $6,910
5.2 Mitigation Monitoring and Reporting Program $795
5.3 Completion of Final IS/MND $1,205
6.0 Public Hearings and Post Certification
6.1 Public Hearings $3,180
6.2 Post-City Adoption $810
6.3 Notice of Determination $540
7.0 Project Management and Coordination (assumes 52 staff hours) $13,950
8.0 Circulation Tasks and Reimbursables At Cost
Total $71,545
The VCS project manager reserves the right to move dollars between tasks, as necessary.
REIMBURSABLE EXPENSES. Expenses incurred directly for the Client’s project will be billed at the actual cost
and are not included in the original contract amount. Expenses include, but are not limited to,
reprographics, Federal Express, necessary transportation costs including mileage by automobile at the IRS
reimbursement rate, toll road fees, meals and lodging, computer services and color photocopying.
PAYMENT DUE. Invoices are due upon presentation and shall be considered past due if not paid within 15
(fifteen) calendar days of the due date. Finance charges, computed by a “Periodic Rate” of 1.5% per month,
will be charged on all past due amounts.
OVERNIGHT & WEEKEND WORK. Over 8 hours, nighttime and Saturday monitoring are charged at time and
a half and work on Sunday is charged at double time.
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES | PA 2019-89 East Lake Villas Project
VCS Environmental Page | 25
2024/2025 Fee Schedule
Job Title Hourly Rate
President $350/hour
Vice President $285/hour
Directors $265/hour
Assistant Directors $250/hour
Senior Project Manager III $243/hour
Senior Project Manager II $239/hour
Senior Project Manager I $230/hour
Project Manager III $227/hour
Project Manager II $219/hour
Project Manager I $212/hour
Assistant Project Manager $203/hour
Project Coordinator $190/hour
Biologist $190/hour
Senior Archaeologist/Paleontologist $215/hour
Botanist $179/hour
Archaeologist/Paleontologist $192/hour
Production Coordinator $135/hour
Office Assistant $120/hour
Field Assistant $120/hour
Senior Cultural Field Monitor $115/hour
Cultural Field Monitor $110/hour
The VCS project manager reserves the right to make adjustments to staff allocations as necessary within the overall
budget.
REIMBURSABLE EXPENSES. Expenses incurred directly for the Client’s project will be billed at the actual cost and are
not included in the original contract amount. Expenses include, but are not limited to, reprographics, Federal Express,
necessary transportation costs including mileage by automobile at the IRS reimbursement rate, toll road fees, meals
and lodging, computer software and services and photocopying.
SUBCONTRACTOR ADMINISTRATION. A Management Fee of 10 percent (10%) will be added to the direct cost of all
subconsultant services to provide for subconsultant administration, insurance and billing.
EQUIPMENT CHARGES.
Small Unmanned Aircraft System (Drone) $325 per day | Field Survey Computer Software $350 per project
Submeter GNSS Surveying Device $40 per day
PAYMENT DUE. Invoices are due upon presentation and shall be considered past due if not paid within 15 (fifteen)
calendar days of the due date. Finance charges, computed by a “Periodic Rate” of 1-1/2% per month, will be charged
on all past due amounts. This scope of work will be valid for 90 days from the date of this proposal. Delays in approval
will be subject to the current VCS fee schedule.
OVERNIGHT & WEEKEND WORK. Over 8 hours, nighttime and Saturday monitoring are charged at time and a half and
work on Sunday is charged double time.
MULTI-YEAR CONTRACTS. Multi-year contracts are subject to annual billing rate increases/staff promotions.
CHANGE ORDERS. Change Orders are subject to future fee schedule increases.
VCS Environmental provides CEQA/NEPA, Regulatory, Biological, & Cultural Services
30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675 | 949.489.2700
vcsenvironmental.com
March 11, 2024
TO: City of Moorpark
FROM: Mike Tucker, VCS Environmental
SUBJECT: CEQA Section 15183 Exemption for La Perch
The California Environmental Quality Act (CEQA) Section 15183 exempts a project from further
environmental review if it is consistent with a community plan or zoning. The La Perch Project (Project) has
a General Plan land use designation of Neighborhood Low (NL), 8 du/acre. The Project proposes 120 homes
on 25.73 acres, for a density of 6 dwelling units per acre.
A February 16, 2024 Court of Appeal’s decision Hilltop Group, Inc., et al. v. County of San Diego et al. (Fourth
District Court of Appeal Case No. D081124) upheld Section 15183 provided that a project does not have:
1) “peculiar” specific impacts, 2) significant impacts not evaluated in a prior Environmental Impact Report
(EIR) for the City’s aforementioned plans, 3) significant off-site or cumulative impacts not evaluated in the
City’s prior EIRs, or 4) increased severity of impacts based on new information not known when the City’s
prior EIRs were certified.
The Moorpark General Plan 2050 Environmental Impact Report (EIR), certified in March 2023, analyzed
mitigation, and impacts for 20 CEQA categories. This memorandum will discuss how the Project is
consistent with the City’s EIR. The following information compares the City’s General Plan 2050, the
General Plan’s EIR, and the 2021-2029 Housing Element with the La Perch Project.
Aesthetics. The Moorpark General Plan 2050 EIR identified less than significant impacts for
aesthetics and found that development would not affect scenic views, would not alter the City’s
visual character, and would not generate additional light and glare due to required compliance with
the City’s lighting standards. By conforming to the lighting standards, the Project would be
consistent with the City’s EIR.
Agriculture/Forestry. The Project site does not support Unique Farmland or Farmland of Local
Importance, nor is it within a Williamson Act contract. The Project is not zoned as forest land or
timberland. Therefore, no further CEQA analysis is warranted.
Air Quality. The buildout of the Moorpark General Plan 2050 was found to have significant and
unavoidable impacts after mitigation. The City adopted a Finding of Overriding Consideration for
air quality impacts. The EIR requires that for short-term construction impacts, projects follow the
Air Pollution Control District’s (APCD) dust control regulations, use Environmental Protection
Agency (EPA) Tier 4 interim or higher emission limits for construction equipment, limit equipment
idling, service equipment as prescribed by the manufacturer, and use Super-Compliant VOC paints
whenever possible. The Project would incorporate these requirements. For long-term air quality,
MEMORANDUM: CEQA Section 15183 Exemption for La Perch
March 11, 2024
Page 2 of 5
the Project would provide Energy Star-certified (or equivalent) appliances. By conforming to these
measures, the Project would be consistent with the City’s EIR.
Biological Resources. On June 30, 2023, VCS Environmental completed a due diligence study for
the La Perch Project site which included coastal California gnatcatcher (CAGN) and sensitive plant
focus surveys. The Project site did not support CAGN or sensitive plants. There is one wetland
area next to an inlet structure along the southern boundary of the site which the Project would
preserve. Development surrounds the Project site making this an infill site. The Project is not in a
wildlife corridor due to the surrounding development. The developer would comply with the
following conditions in accordance with the City’s EIR:
− Prepare a biological resource assessment.
− Conduct a biological reconnaissance-level survey.
− Complete a focused species survey.
− Provide a biological resources report.
− Tailor mitigation measures to the Project site.
− Demarcate work area boundaries.
− Conduct preconstruction special status species surveys.
− Provide worker environmental awareness education.
− Provide biological monitoring.
− Conduct a pre-disturbance nesting bird survey.
− Provide active nest avoidance buffers.
− Monitor nests.
With implementation of these measures, the Project would be consistent with the City’s EIR.
Cultural Resources. The Project site has no cultural resources specifically protected under the City’s
EIR. The City’s EIR designated the Project site as “high” archaeological sensitivity. The developer
would employ a qualified archaeologist to monitor all ground disturbance in native soil pursuant to
the requirements of the City’s EIR. With implementation of this measure, the Project would be
consistent with the City’s EIR.
Energy. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would
not result in a potentially significant environmental impact. The La Perch plan would not result in
wasteful, inefficient, or unnecessary consumption of resources. In addition, the Project would
follow state and local plans for renewable energy and energy efficiency. With implementation of
these measures, the Project would be consistent with the City’s EIR.
Geology/Soils. The City’s EIR states that the developer must provide a Paleontological Resources
Monitoring and Mitigation Plan (PRMMP) prepared by a qualified paleontologist. With submittal
and City approval of a PRMMP, the Project would be consistent with the City’s EIR.
Greenhouse Gas (GHG) Emissions. The City’s EIR states that the Moorpark General Plan 2050 would
have a significant and unavoidable impact on greenhouse gas emissions. The City approved a
Finding of Overriding Significance for GHG. The Project would have no increased severity of impacts
based on new information not known when the City’s EIR was certified.
MEMORANDUM: CEQA Section 15183 Exemption for La Perch
March 11, 2024
Page 3 of 5
Hazards/Hazardous Materials. The Project site is not listed on the hazardous materials site
according to the General Plan. The Project is in a Very High Fire Hazards Severity Zone. The City’s
2023 Housing Element states that the City’s building and planning departments require that
residential projects be designed and built in accordance with building and development standards
required by state and local codes to mitigate these hazards. With implementation of these
measures, the Project would be consistent with the City’s EIR.
Hydrology/Water Quality. The City’s EIR states that the implementation of the Moorpark General
Plan 2050 would not result in a potentially significant environmental impact to hydrology/water
quality. The Project would not violate any water quality standards or waste discharge requirements.
In addition, the Project would not conflict with or obstruct implementation of a water quality
control plan or sustainable groundwater management plan. The Project would be required to
comply with state and local requirements related to water quality. With implementation of these
measures, the Project would be consistent with the City’s EIR.
Land Use/Planning. The City’s EIR states that the implementation of the Moorpark General Plan
2050 would not result in a potentially significant environmental impact. The Project would not
divide an established community nor conflict with applicable land use plans. The Project is
consistent with the City’s EIR.
Mineral Resources. The City’s EIR states that the implementation of the Moorpark General Plan
2050 would not result in a potentially significant environmental impact. The Project would not
result in the loss of availability of a known mineral resource. Therefore, no further CEQA analysis is
warranted.
Noise. The City’s EIR states that noise impacts for the buildout of the 2050 Moorpark General Plan
would have significant and unavoidable impacts. The City adopted a Finding of Overriding
Consideration for noise impacts. Projects are required to implement measures adopted by the
Moorpark Planning and Building agency prior to the issuance of permits. With implementation of
these measures, the Project would be consistent with the City’s EIR.
Population/Housing. The City’s EIR states that the implementation of the Moorpark General Plan
2050 would not result in a potentially significant environmental impact. The Project would not
result in displacement of people or existing housing. The Project is consistent with the City’s General
Plan and zoning. Therefore, no further CEQA analysis is warranted.
Public Services. The City’s EIR states that the implementation of the Moorpark General Plan 2050
would not result in a potentially significant environmental impact. The payment of SB 50 fees would
fully mitigate potential impacts to school facilities. The added homes and population would not
significantly impact the Ventura County Fire District or Sheriff’s Office, according to the City’s EIR.
The Project is therefore consistent with the City’s EIR.
Recreation. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would
not result in a potentially significant environmental impact. The City’s General Plan results in new
or expanded recreational facilities to address additional residents. With implementation of City
requirements regarding parks, the Project would be consistent with the City’s EIR.
Transportation. The City’s EIR states that the implementation of the Moorpark General Plan 2050
would not result in a potentially significant environmental impact. The Project would not conflict
with any program, plan, ordinance, or policy addressing the transit, roadway, bicycle, and
MEMORANDUM: CEQA Section 15183 Exemption for La Perch
March 11, 2024
Page 4 of 5
pedestrian facilities. The General Plan would achieve a 15 percent reduction in VMT compared to
current conditions. With implementation of the City’s VMT requirements, the Project would be
consistent with the City’s EIR.
Tribal Cultural Resources. The City’s EIR identifies impacts on tribal cultural resources as less than
significant with mitigation implemented. For mitigation, developers must hire an archaeologist
(PQS) to develop and submit an Archaeological Monitoring Plan (AMP) to the City. The AMP would
include consultation with interested tribes, Native American Tribal Monitoring, and protocols in the
event of inadvertent cultural resource discoveries. With implementation of these measures, the
Project would be consistent with the City’s EIR.
Utilities/Service Systems. The City’s EIR states that the implementation of the Moorpark General
Plan 2050 would not result in a potentially significant environmental impact. The City’s EIR explains
that available water supplies are sufficient for projects which follow the Moorpark General Plan and
that no new expanded electric power, natural gas, or telecommunication facilities are required. The
City’s EIR states that the construction of expanded storm drainage facilities would not result in
significant environmental impacts. The Project is consistent with the General Plan and with
implementation of City building code requirements, the Project would be consistent with the City’s
EIR.
Wildfire. The City’s EIR states that the Moorpark General Plan 2050 would have a significant and
unavoidable impact on wildfire risk and exposure to pollutants. The City Council adopted a Finding
of Overriding Consideration for wildfire. The Project would have no increased severity of impacts
based on new information not known when the City’s EIR was certified. The Project would not
expose people or structures to significant risks due to post-fire slop instability or drainage changes.
Because of this, the Project is consistent with the City’s EIR.
The following section would discuss the four elements the Court of Appeals defined as exceptions to CEQA’s
Section 15183. By meeting the conditions of these four elements, the Project appears to require no further
CEQA review.
“No peculiar specific impacts.” The Project site is in a Neighborhood Low (NL, 8 dwelling units per
acre) zone. The density of the Project is approximately 6 dwelling units per acre. The Project
adheres to the NL zoning and is an infill development providing single-family homes at a similar
scale as the surrounding neighborhood context. Therefore, La Perch is not a Project with a peculiar
impact.
“No significant impacts not evaluated in a prior Environmental Impact Report (EIR)” for the City’s
General Plan and Housing Element.” The EIR published in 2023 provides a comprehensive and
recent analysis of impacts. La Perch does not create significant impacts not considered in the EIR.
“No significant off-site or cumulative impacts not evaluated in the City’s prior EIRs.” The City’s EIR
analyzed the Project site as a residential zone and considered cumulative impacts.
“No increased severity of impacts based on new information not known when the City’s prior EIRs
were certified.” No new information increasing the severity of impacts exists.
MEMORANDUM: CEQA Section 15183 Exemption for La Perch
March 11, 2024
Page 5 of 5
Please contact Mike Tucker at mtucker@vcsenvironmental.com or 858-610-6089 should you have any
questions or comments.
Cc: Danielle Prigmore, Shea Homes
Brooke Doi, Shea Homes
FIGURES
Figure 1 Local Vicinity
Figure 2 Land Use Diagram
Figure 3 Conceptual Site Plan
REFERENCES
Beeman, J. (2023). Due Diligence Level Review of the 7200 Walnut Canyon Road Site.
California Department of Toxic Substances Control. (2024, March 8). DTSC’s Hazardous Waste and
Substances Site List. Retrieved March 8, 2024, from https://dtsc.ca.gov/dtscs-cortese-list/.
City of Moorpark. (2023). Final Environmental Impact Report Moorpark General Plan 2050.
City of Moorpark. (2023). Draft Environmental Impact Report Moorpark General Plan 2050 Volume 1 & 2.