HomeMy WebLinkAboutItem No. 2CITY OF
LADE(C2LSIIYOIZE
DREAM EXTREME.
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: WARREN MORELION, AICP
ACTING COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 16, 2012
SUBJECT: VESTING TENTATIVE TRACT MAP (VTTM) NO. 35001 -A REQUEST
TO SUBDIVIDE APPROXIMATELY 400 ACRES OF LAND INTO 1,065
TOTAL LOTS (1,056 SINGLE - FAMILY RESIDENTIAL, 1 HIGH
DENSITY RESIDENTIAL, 2 SUBURBAN VILLAGE COMMERCIAL, 2
COMMERCIAL /PUBLIC SAFETY, 2 PUBLIC PARK,1 EVMWD TANK
SITE, AND 1 DETENTION BASIN). THE TRACT MAP IS
GENERALLY LOCATED ON THE EAST SIDE OF LAKE STREET,
NEAR THE NORTHEAST CORNER OF NICHOLS ROAD AND LAKE
STREET. ENVIRONMENTAL CLEARANCE IS PROVIDED BY
ADDENDUM NO. IV TO THE 1989 FINAL ALBERHILL RANCH
SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - THE
APPLICANT IS REQUESTING APPROVAL OF AN AMENDMENT
AND RESTATEMENT TO A 1990 DEVELOPMENT AGREEMENT,
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS
65864- 65869.5, IN CONNECTION WITH THE VESTING OF CITY
REGULATIONS GOVERNING DEVELOPMENT OF
APPROXIMATELY 400 ACRES OF LAND LOCATED WITHIN
PROPOSED VTTM 35001. GENERALLY LOCATED ON THE EAST
SIDE OF LAKE STREET, NEAR THE NORTHEAST CORNER OF
NICHOLS ROAD AND LAKE STREET. ENVIRONMENTAL
CLEARANCE IS PROVIDED BY ADDENDUM NO. IV TO THE 1989
FINAL ALBERHILL RANCH SPECIFIC PLAN ENVIRONMENTAL
IMPACT REPORT.
APPLICANT /: TOM TOMLINSON, CASTLE & COOKE, LAKE ELSINORE,
WESTOWNER, INC., 6455 ALBERHILL RANCH ROAD, STREET,
LAKE ELSINORE CA 92530
PC October 16, 2012 Item No. 2
Page 1 of 86
TTM No. 35001
October 16, 2012
Page 2 of 7
BACKGROUND
In 1991, the Alberhill Ranch Specific Plan (ARSP) was amended by Brighton Homes of
Orange County to separate a 998 -acre area from the ARSP and create an entirely different
Specific Plan out of the original 1,853 acre ARSP area. The amendment became known as
the Alberhill Ranch Specific Plan Amendment #1 (Brighton ARSP #1). It was the intent of
the City in approving Brighton ARSP #1 to add dwelling units and permit development of a
maximum of 2,735 residential units, the first 18 -hole championship golf course inside the
City, and 89 acres of commercial shopping, office and higher density residential
opportunities, including affordable housing.
The Brighton ARSP #1 City entitlements included a Development Agreement (DA) approved
on July 11, 1990 and DAAmendment #1 approved on September 10, 1991 (collectively, the
Original DA) that vested development rights for the duration of the DA. In addition, the
Brighton ARSP #1 provided for smaller public parks, compared to the original ARSP, as an
open space /park tradeoff for the adjoining 34 acre, now 22.4 acre, Murdock Alberhill Ranch
Community Park at the corner of Lake Street and Nichols Road.
PROJECT REQUEST /DESCRIPTION
The project applicant and landowner, Castle and Cooke, Lake Elsinore West, Inc., proposes
Vested Tentative Tract Map No. 35001 (VTTM No. 35001), located within a portion of the
Brighton ARSP #1 for future mixed land use. VTTM No. 35001 encompasses approximately
400 -acres within a portion of the overall 998 acre Brighton ARSP #1 area for future
construction of two public parks totaling 10 acres (6.9 acres and 3.1 acres), a 38.8 acre linear
park, and up to 1,401 dwelling units and 1,358,000 square feet of commercial and office
space.
VTTM No. 35001 overlays approximately 400 acres within the current land use
designations in the Brighton ARSP #1. No Specific Plan land use changes are proposed
with the VTTM No. 35001. The remaining approximate 600 acres of the Brighton Specific
Plan area was sold by the former property owner, Tri- Valley I, to the County of Riverside in
2004 for conservation purposes (the 'Tri - Valley Transaction ") consistent with the Multiple
Species Habitat Conservation Plan. With the purchase of the 600 acres by the County,
approximately 1,334 dwelling units and 1,364,500 square feet of commercial land uses were
"removed" from the ARSP, and consequently reduced the environmental impacts previously
described within the Alberhill Ranch Specific Plan Environmental Impact Report (EIR).
The project applicant also requests approval of an Amended and Restated Development
Agreement clarifying the rights and obligations of the Developer and the City as to the
approximate 400 acres of remaining developable property. In light of the modifications and
intervening delays caused by the County acquisition of 600 acres, the adoption of the
Multiple Species Habitat Conservation Plan (MSHCP) and other factors detailed in the
proposed Amended and Restated Development Agreement, the duration of the Development
Agreement is extended to 2024.
PC October 16, 2012 Item No. 2
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TTM No. 35001
October 16, 2012
Page 3 of 7
PROJECT LOCATION
The approximate 400 acre VTTM No. 35001 site, within the Brighton ARSP #1 area is
bounded by Nichols Road and Lake Street, including a common collector Road (Alberhill
Ranch and Ridge Road) with the adjacent Murdock Alberhill Ranch Specific Plan area. The
project site is accessible from both Lake Street and Nichols Road.
ENVIRONMENTAL SETTING
The project site is bound by undeveloped /vacant land to the north and on the east, by
undeveloped single family homes within the Alberhill Ranch to the southeast; and on the
west by the Pacific Clay properties and future Alberhill Villages Specific Plan area.
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Specific Plan
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Amended and Restated Development Agreement
The VTTM No. 35001 area is a portion of the larger 998 acre Brighton ARSP #1 area subject
to the Original DA. In light of the sale of approximately 600 acres to the County of Riverside
for future conservation, the land plan now depicts a reduced development area of
approximately 400 acres, referred to as the Alberhill Ridge Project, VTTM No. 35001, for
future mixed use development. The land plan eliminates the proposed golf course which
was designated for development primarily within the 600 acre conservation area acquired by
the County of Riverside.
The Original DA was prepared in the early 1990's and vested the land uses within the 998
acres as established by the Brighton ARSP #1. The Amended and Restated Development
Agreement acknowledges the extension of the vested rights conferred by the Development
PC October 16, 2012 Item No. 2
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TTM No. 35001
October 16, 2012
Page 4 of 7
Agreement as to the approximate 400 acres of developer property covered by VTTM No.
35001 with approximately 1,401 DU's including 1,056 Single Family DU's and 345 Multi-
family DU's along with 44.4 acres of Suburban Village. A lot line adjustment is contemplated
in the future with will adjust the precise boundaries of the developer property and will likely
require a VTTM Amendment. The following are the key elements of the Amended and
Restated Development Agreement:
1. The Riverside County 600 acres permanent open space now accounts for the passive
open space described in the original DA and the golf course open space.
2. In the Original DA, the golf course was deemed to satisfy any deficiencies in the City
required park and recreation uses or Quimby in -lieu fees. The Amended and Restated
DA and the Alberhill Ridge land use plan now provides for a 10.5 acre credit against
the 22.4 acre Alberhill Ranch Community Park per the Original DA agreement and
Brighton ARSP #1, and a combination of 48.8 acres of additional active and linear
parks and connecting trails. This park acreage satisfies the City's park requirements.
3. The Original DA required a 15 acre park/school site. The Amended and Restated DA
provides for a 6.9 acre public park site adjacent to a 14.63 acre public school site for a
new total of 21.5 acres, school /park site. A new 3.1 acre public park is located on a
ridge top area next to the proposed water tank facility.
4. Developer will continue to design and construct improvements to the circulation system
including roadway widening to Lake Street and Nichols Road and Coal Road along the
Alberhill Ridge project frontage in accordance with the City's Circulation Element and
the project's Traffic Impact Analysis prepared by Lindscott, Law and Greenspan dated
February 29, 2012.
5. Developer will construct Nichols Road for approximately 3000 Lineal Feet and
construct the street section adjacent to the County owned property.
6. The duration of the Original DA was for 15 years. The Amended and Restated DA
recognizes the tolling of the DA as a matter of law and provides for an additional 12
years from the date of the Amended and Restated DA approval by the City Council.
7. Section 9.5 Fees generally provides that the Developer will pay (i) all land use
application and permit processing fees in effect at the time applications are submitted
and (ii) all existing and future citywide development impact fees in effect and at the
time building permits are issued in addition to a $3000 per DU "Development
Agreement Fee ". The project will pay MSHCP Fees in accordance with the Tri- Valley
Transaction and will be exempt from TUMF fees pursuant to the Original DA.
8. The Amended and Restated DA adds a provision that protects the subdivision map
submission of the Preliminary Water Quality Management Plan (WQMP) from
PC October 16, 2012 Item No. 2
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TTM No. 35001
October 16, 2012
Page 5 of 7
subsequent changes in the WQMP that would add additional costs, or modify the
adopted subdivision land use plan.
Vesting Tentative Tract Map No. 35001
VTTM No. 35001 proposes 1,056 single family residential lots, 1 High Density Residential lot,
2 Suburban Village Commercial lots, 2 Commercial /Public Safety lots, 2 Public Park lots, 1
EVMWD Tank Site, and 1 Detention Basin. The proposed single family detached residential
lots range in minimum lot size from 4,200 square feet to 5,000 square feet. Staff has
determined that the Vesting Tentative Tract Map complies the Single - Family I (SF 1) and
Single- Family II (SF -11) areas of the Brighton Alberhill Ranch Specific Plan, and Section 16
"Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the
California Subdivision Map Act.
The proposed subdivision is located within and regulated by the Brighton ARSP #1. The
uses proposed within the Vesting Tentative Tract Map, including attached and detached
single- and multi - family residential development, commercial and office development and
open space areas, are consistent with the Brighton ARSP #1. The proposed Vesting
Tentative Tract Map does not conflict with the intended land uses and their respective
locations, nor does the map conflict with the standards, objectives, and guidelines contained
in the Brighton ARSP #1.
The applicant is considering subdivision of the project site into single family and high density
residential lots, as well as commercial and park lots and tank and detention basin sites.
Architectural and /or building plans for future commercial, single family and multifamily areas,
plotting plans, preliminary wall and fence plans, etc, are not proposed at this time. These
issues will be addressed when the applicant submits for Design Review approval in the
future.
ANALYSIS
City Planning and Engineering staff have reviewed the proposed Vesting Tentative Tract
Map and have no concerns, as conditioned. The proposed Vesting Tentative Tract Map is
consistent with development standards contained in the Brighton ARSP #1 document in
terms of lot size, street widths, and other Planning and Engineering standards and
requirements. The proposed project is consistent with the single family and multi - family
zoning designations. The Vesting Tentative Tract Map is consistent with Sections 66424 and
66427 of the California Subdivision Map Act, and Section 16 "Subdivisions" of the Lake
Elsinore Municipal Code. Staff has reviewed the proposed Amended and Restated
Development Agreement and has no concerns.
ENVIRONMENTAL DETERMINATION
The Addendum EIR is prepared in accordance with Section 15164 of the State CEQA
Guidelines and sufficiently evaluates impacts resulting with the proposed VTTM.
PC October 16, 2012 Item No. 2
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TTM No. 35001
October 16, 2012
Page 6 of 7
The results of the EIR Addendum No. IV analysis note no significant environmental changes
as a result of adopting the VTTM No. 35001 project. This conclusion is based on two
primary factors. First, the proposed VTTM No. 35001 proposes no changes to the adopted
Specific Plan land uses that were analyzed and mitigated through the ARSP EIR and
Brighton EIR Addendum. Second, the County acquisition of the remaining approximate 600
acres of the Brighton ARSP #1 area for conservation has reduced the total dwelling units and
commercial square footage for the entire Brighton ARSP #1area. This 60% reduction in
Brighton ARSP #1 land use area resulting from the County approximate 600 -acre acquisition
for conservation has lessened the intensity of potential human urban impacts from the
planning area in all topical CEQA analysis areas. Since the environmental impacts have not
been increased, but lessened, with the proposed VTTM No. 35001, the CEQA Addendum is
the appropriate document. The CEQA Addendum analysis describes the entire ARSP area,
the historical entitlement activity within this ARSP Specific Plan area, and topical analysis of
CEQA impacts proposed with the proposed VTTM No. 35001.
Staff has no issues or concerns regarding the Addendum EIR which finds that there are no
greater impacts resulting from the Vesting Tentative Tract Map approval than the proposed
project evaluated through the Alberhill Ranch EIR and the Brighton Alberhill Ranch EIR
Addendum.
RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
Adopt Resolution No. 2012 -_, recommending that the City Council of the City of
Lake Elsinore, California, make Findings that the Project identified as Vesting
Tentative Tract Map No. 35001 is in compliance with the Multiple Species Habitat
Conservation Plan (MSHCP).
2. Adopt Resolution No. 2012 -_, recommending to the City Council of the City of Lake
Elsinore, California, adoption of findings to certify Addendum No. IV to the Alberhill
Ranch Specific Plan Final Environmental Impact Report (State Clearinghouse No.
88090517).
3. Adopt Resolution No. 2012 -_, recommending to the City Council of the City of Lake
Elsinore, California, approval of Vesting Tentative Tract Map No. 35001, based on the
attached findings, exhibits and conditions of approval.
4. Adopt Resolution No. 2102 -_, recommending to the City Council of the City of Lake
Elsinore, California, adopting findings that recommend adoption of the Amended and
Restated Development Agreement between the City of Lake Elsinore and Castle &
Cooke, Lake Elsinore West, Inc., as successor in interest to Brighton Alberhill
Associates, for Alberhill Ranch Development.
PC October 16, 2012 Item No. 2
Page 6 of 86
TTM No. 35001
October 16, 2012
Page 7 of 7
Prepared By:
Approved By:
Kirt A. Coury`t
Project Planner
Warren Morelion, AICP
Acting Community Development Director
1. Vicinity Map
2. Resolution No.
2012 --
recommending approval of the MSHCP Findings
3. Resolution No.
2012 -
recommending approval of the CEQA Addendum # IV
4. Resolution No.
2012-
recommending approval of Vesting Tentative Tract Map
35001
5. Resolution No.
2012 -
_recom mend ing approval of the Development Agreement
Amendment #2 Ordinance.
6. VTTM 35001 Conditions of Approval with CEQA Mitigation Monitoring Program
7. Amended and Restated Development Agreement
8. Tentative Tract Map 35001 (Reduction & Full Size)
9. Addendum No. IV to the Final EIR for the Brighton Specific Plan
PC October 16, 2012 Item No. 2
Page 7 of 86
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VTTM 35001
DEVELOPMENT AGREEMENT
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PC October 16, 2012 Item No. 2
Page 8'of 86
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP NO. 35001
"ALBERHILL RIDGE"
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless.
the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding
against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul
an approval of the City, its advisory agencies, appeal boards, or legislative body concerning
Vesting Tentative Tract Map No. 35001, located within the Brighton Specific Plan on the east
side of Lake Street between Nichols Road and the 1 -15 Freeway, project attached hereto.
PLANNING DIVISION
2. Vesting Tentative Tract Map No. 35001 will expire two years from date of approval unless
within that period of time a Final Map has been filed with the County Recorder, or an
extension of time is granted by the City of Lake Elsinore City Council in accordance with the
Subdivision Map Act.
3. Vesting Tentative Tract Map No. 35001 shall comply with the State of California Subdivision
Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal"
Code (LEMC), unless modified by approved Conditions of Approval.
4. Development shall comply with those standards and guidelines of the Elements contained in
the Brighton Specific Plan document.
5. Vesting Tentative Tract Map No. 35001 shall comply with the State of California Subdivision
Map Act and applicable requirements contained in the Brighton Specific Plan document and
the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of
Approval.
6. Development shall comply with those requirements and provisions contained in the Amended
and Restated Development Agreement dated as of , 2012 between the City
and Castle & Cooke Lake Elsinore West, Inc. ( "Development Agreement');;
7. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape
and Street Maintenance District, as appropriate.
8. The applicant shall provide all project - related onsite and offsite improvements as described in
the Brighton Specific Plan document and Vesting Tentative Tract Map No. 35001.
9. The applicant shall implement those mitigation measures identified in the 1990 Final Brighton
Specific Plan EIR and the 2012 CEQA Addendum No. 4 to the Final Brighton Specific Plan
EIR . Included as attachment "A" to these project Conditions of Approval.
10. The applicant shall comply with all conditions of the Riverside County Fire Department.
Future construction shall meet all Riverside County Fire Department standards for fire
protection and any additional requirements requested by the County Fire Department.
PC October 16, 2012 Item No. 2
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CONDITIONS OF APPROVAL
PAGE 2 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
11. Developer will dedicate a 2.0 acre site for future Public Fire and /or Police Facilities and
shall deposit $1 million in an escrow established by City to construct future Public Fire
and /or Police Facilities.
PRIOR TO FINAL TRACT MAP
12. All lots shall comply with minimum standards contained in the Brighton Specific Plan.
13. A precise surrey with closures for boundaries and all lots shall be provided per the LEMC.
14. Street names within the subdivision shall be approved by the Community Development
Director or Designee.
15.AII of the improvements shall be designed by the applicant's Civil Engineer to the
specifications of the City of Lake Elsinore.
16. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
PRIOR TO DESIGN REVIEW APPROVAL
17.AII future structural development associated with this map requires separate Design Review
approval.
18. Design for all drainage basins proposed with Vesting Tentative Tract Map No. 35001 shall be
approved by the City Enginee and Community Development Director or designee. Security
fencing where required shall be shown. Exposed chain -link fencing is prohibited.
PRIOR TO BUILDING PERMIT /GRADING PERMITS
19. Prior to issuance of any building permit, the Developer shall create, or annex the property into
Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal
impacts of the project on public right -of -way for landscaping and street lights in the public
right -of -way for which the City will pay for maintenance costs, water from Elsinore Valley
Municipal Water District, and electricity and a maintenance fee to Southern California Edison.
Developer shall pay to the City the appropriate non - refundable deposit to cover the cost of the
annexation process. The Developer may propose alternative financing mechanisms to fund
the annual maintenance costs, including the creation of a Mello -Roos Community Facilities
District in lieu of annexing into the existing district.
20. Prior to issuance of any building permit, the Developer shall annex the property into
Community Facilities District No. 2006 -5 (Park, Open Space and Storm Drain Maintenance) to
offset the annual negative fiscal impacts of the project for public parks, open space and storm
drain for which the City will pay for maintenance costs, water from Elsinore Valley Municipal
PC October 16, 2012 Item No. 2
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CONDITIONS OF APPROVAL
PAGE 3 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
Water District, and electricity from Southern California Edison. Developer shall pay to the City
the appropriate non - refundable deposit to cover the cost of the annexation process. The
Developer may propose alternative financing mechanisms to fund the annual maintenance
costs in lieu of annexing into the existing district.
21. Developer shall supplement, as needed, the Park Maintenance CFD for the first 2 years of
Operation & Maintenance for the 3.1 acre and the 6.9 acre Public Park.
22. Prior to issuance of any building permit, the Developer shall annex the property into
Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) to
offset the annual negative fiscal impacts of the project on providing public safety services.
Developer shall pay to the City the appropriate non - refundable deposit to cover the cost of the
annexation process. The Developer may propose alternative financing mechanisms to fund
the annual public safety services costs in lieu of annexing into the existing district.
23. Prior to issuance of any grading permit and /or building permit, the applicant shall sign and
complete an "Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department.
24. The applicant shall obtain all necessary State and Federal permits, approvals, or other
entitlements, where applicable, prior to each phase of development of the project.
25. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved
by the Fire Department for future development. Said Plan and Program shall show those
special treatments necessary to achieve an acceptable level of risk in regard to the exposure
of structures to flammable vegetation and shall describe the method of removal and
installation, and provisions for maintenance. The City's Landscape Architect shall ensure
compliance of said program.
26. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve
letter) to the City Engineer, for all required utility services.
27.The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
28. The applicant shall pay applicable fees and obtain proper clearance from the appropriate
School District prior to issuance of building permits.
29. The applicant shall provide connection to public sewer for each lot within any subdivision. No
service laterals shall cross adjacent property lines and shall be delineated on engineering
sewer plans and profiles for submittal to the EVMWD.
30. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan
addressing the following:
PC October 16, 2012 Item No. 2
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CONDITIONS OF APPROVAL
PAGE 4 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
• Show that a masonry or decorative block wall will be constructed along the entire tract
boundary.
• Show materials, colors, and heights of rear, side and front walls/fences for proposed lots.
• Show that front return walls shall be decorative masonry block walls. Front return wood
fences shall not be permitted.
• Show that side walls for corner lots shall be decorative masonry block walls.
• Show that those materials provided along the front elevations (ie. brick, stone, etc.) will
wrap around the side elevation and be flush with the front return walls.
31. The applicant shall submit plans to the electric utility company for a layout of the street lighting
system. The cost of street lighting, installation as well as energy charges shall be the
responsibility of the developer and /or the association. Said plans shall be approved by the
City and shall be installed in accordance with the City Standards.
32. The applicant shall meet all requirements of the providing electric utility company.
33. The applicant shall meet all requirements of the providing gas utility company.
34. The applicant shall meet all requirements of the providing telephone utility company.
35. A security is required guaranteeing the removal of all trailers used during construction.
36. All signage shall be subject to Planning Division review and approval prior to installation.
37. Any alterations to the topography, ground surface, or any other site preparation activity will
require appropriate grading permits. A Geologic Soils Report with associated
recommendations will be required for grading permit approval, and all grading must meet the
City's Grading Ordinance, subject to the approval of the City Engineer and the Planning
Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim
and permanent erosion control measures are required. The applicant shall bond 100% for
material and labor for one year for erosion control landscaping at the time the site is rough
graded.
38. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall
not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction
activity shall not take place on Saturday, Sunday, or any Legal Holidays.
39. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site
identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M.,
Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal
holidays) and a statement that complaints regarding the operation can be lodged with the City
of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be installed prior
to the issuance of a grading permit.
PC October 16, 2012 Item No. 2
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CONDITIONS OF APPROVAL
PAGE 5 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
40. At least 30 days prior to any rough grading related ground disturbance activity, the City will
contact the appropriate Native American Tribe (Tribe) to notify the Tribe of the initiation of
rough grading on the Project site. It is anticipated that the Pechanga Tribe will be the
"appropriate" Tribe due to prior and extensive coordination with the City and project applicant
in determining potentially significant impacts and appropriate mitigation measures due to its
demonstrated cultural affiliation with the project area. The Community Development Director
(Director) or his Designee shall have the authority to designate the Tribe to select a Native
American Tribal Monitor (Monitor) volunteer for the Project site. The designated Monitor will
conduct the Monitor activities at a fee not to exceed $5,000 their sole costs. The Tribe and
Archaeologist shall independently report via email or other writing any and all archaeological
related artifact findings to the Director or his Designee during rough grading of the Project site.
A copy of any findings may be provided to the Developer by the Director or his Designee
provided appropriate non - disclosure agreements have been executed by the Developer. All
monitoring shall be limited to the rough grading being undertaken during each rough grading
phase. The Director shall meet with the Developer and Tribe prior to any rough grading
activities to develop appropriate protocols for the Operations and Archaeological Monitor
activities on each rough grading phase which shall comply will all terms of the Rough Grade
Plan. The Protocols shall address the conduct of Archaeological and Tribal Monitoring and the
disposition of any Archaeological Artifacts or human remains discovered on the Project Site in
accordance with the appropriate laws. The Director or his Designee shall have the authority
to modify, direct and re- direct the appropriate actions for any rough grading activity on the
Project site in regards to any archaeological findings within the rough grading work areas after
consulting with Monitor, Developer and Archaeologist.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
41. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust
suppression along Nichols Road and Lake Street to minimize fugitive dust generation shall be
applied. Fugitive dust suppression techniques may include soil watering, application of soil
binders, and /or placement of gravel or other appropriate material to minimize vehicle
generated dust.
42. Open space lots shall be dedicated to the City in accordance with the requirements of the
Brighton Specific Plan and as shown on VTTM 35001.. Maintenance of these open space
lots shall be in accordance with the maintenance schedule shown on VTTM 35001 — Sheet 4.
ENGINEERING DIVISION
43. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
developer shall be required to contract with CR &R Inc. for removal and disposal of all waste
material, debris, vegetation and other rubbish generated during cleaning, demolition, clear
and grubbing or all other phases of construction.
44. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by
development of the site and or diversion of drainage.
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CONDITIONS OF APPROVAL
PAGE 6 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
45. Any grading that affects "waters of the United States ", wetlands or jurisdictional streambeds,
shall require approval and necessary permits from respective Federal and /or State agencies.
46. The developer shall provide a copy of an encroachment permit or any approval documents
from the Riverside County Flood Control District for encroaching, grading, or discharging into
County flood control facilities right of way.
47. All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by
a Registered Civil Engineer.
48. Each final map phase shall be subject to discretionary review and associated conditions of
approval.
49. Prior to issuance of the first building permit, the developer shall create or annex the
property into Lighting and Landscaping Maintenance District No. 1. Developer shall deposit
appropriate, non - refundable funds with the City for the processing of the annexation. An
alternative financing mechanism to fund the annual maintenance costs, including creation
of a Mello -Roos Community Facilities District in lieu of annexing into the existing district will
be considered by the City.
FEES
50. The developer shall pay all Engineering Division assessed, Development Impact Fees and
Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include:
Stephens Kangaroo Habitat Fee (K -Rat), Traffic Infrastructure Fee (TIF), , and Area Drainage
Fee.
51. Development Impact Fees will be assessed at the effective rate at time of payment in full.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design:
52.A final WQMP shall be prepared, filed, and approved by the City Public Works Department
prior to issuance of a rough grading permit for the development of the subdivision. The final
WQMP will be prepared in accordance with the City of Lake Elsinore 2010 MS4 Permit (R8-
2010 -003) and the County of Riverside Drainage Area Management Plan (DAMP) dated July
2011 based on the Preliminary Water Quality Management Plan (PWQMP) prepared by KWC
Engineers dated October 16, 2012. The 2010 SAR MS4 Permit requires implementation of
LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified
for the project, in the following manner (from highest to lowest priority): (Section XII.E.2,
XII.E.3,and XII.E.7).
53. The project shall implement LID practices that treat the 85th percentile storm.
PC October 16, 2012 Item No. 2
Page 14 of 86
CONDITIONS OF APPROVAL
PAGE 7 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
54. Hydromodification / Hydraulic Conditions of Concern — The project shall identify potential
Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of
natural water bodies and drainage systems; conserve natural areas; protect slopes, channels
and minimize significant impacts from urban runoff.
Construction:
55. Both a Storm Water Pollution Prevention Plan ( SWPPP) is required for this project
56. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated as
necessary and be available for review upon request. Projects that are not subject to
coverage under the General Permit— Construction will prepare and implement an Erosion and
Sediment Control Plan in compliance with the California Building Code and Local Ordinances.
57. Prior to grading or building permit the applicant shall demonstrate that compliance with the
permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the
State Water Resources Control Board and a copy of the letter of notification of the issuance of
a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of
the City Engineer.
58. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the
applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment
Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance
with the City's NPDES Program and state water quality regulations for grading and
construction activities. The Erosion and Sediment Control Plan shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent
transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall
also describe how the project will ensure that all BMPs will be maintained during construction
of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as
applicable, kept updated as needed to address changing circumstances of the project site, be
kept at the project site and available for review upon request.
Post Construction
59.A. preliminary WQMP shall be approved during the project entitlement stage. The level of
detail in a preliminary Project - Specific WQMP will depend upon the level of detail known
about the overall project design at the time project approval is sought. At a minimum, the
preliminary Project - Specific WQMP shall identify the type, size, location, and final ownership
of Stormwater BMPs adequate to sere new roadways and any common areas, and to also
manage runoff from an expected reasonable estimate of the square footage of future roofs,
driveways, and other imperious surfaces on each individual lot
PC October 16, 2012 Item No. 2
Page 15 of 86
CONDITIONS OF APPROVAL
PAGE 8 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
60.The applicant shall use the Water Quality Management Plan for the Santa Ana Region of
Riverside County guidance document and template for preparation of the final WQMP.
61. WQMP — The Water Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used onsite to control identified pollutants of
concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan
(DAMP), Model WQMP, and LID Guidance Manual for reference, and the MS4 Permittee's
WQMP template for submittal. This WQMP shall include the following:
• Vector issues are addressed in the BMP design, operation and maintenance.
• GIS coordinates for all LID and Treatment Control BMPs
HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post
construction condition from a 2 year and 10 year 24 hour rainfall event will not cause
significant adverse impacts on downstream erosion and receiving waters, or measures
are implemented to mitigate significant adverse impacts to downstream public facilities
and water bodies. Design goal to replicate pre - development hydrologic regime.
62. Operation and Maintenance (O &M) Plan that (1) describes the long -term operation and
maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that
will be responsible for long -term operation and maintenance of the referenced BMPs; and (3)
describes the mechanism for funding the long -term operation and maintenance of the
referenced BMPsAII storm drain inlet facilities shall be appropriately marked "Only Rain in the
Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system.
63. As required by the City Engineer, detension basin's shall be designed to include a 15 -foot
wide access road extending from the entrance to the basin floor. Maintenance road lengths
extending 500 -feet or more will require a turn - around at the bottom of the entrance ramp.
TENTATIVE TRACT MAP
64. Provide a copy of the Preliminary Title Report.
65. Show on the Vesting Tentative Tract Map:
• Note Tax Assessor's Parcel Numbers on Map
• Provide Legend for identification of Utilities.
66. Provide written confirmation that RCFCD will maintain the existing proposed detention basin
#1060 or remove maintenance statement from tentative map.
67. The location of LID BMPs to be used shall be based on the PWQMP dated 10/08/12 on file
with City.
FINAL TRACT MAP
68. The developer shall submit for plan check review and approval a final map.
PC October 16, 2012 Item No. 2
Page 16 of 86
CONDITIONS OF APPROVAL
PAGE 9OF15
VESTING TENTATIVE TRACT MAP NO. 35001
69. The Final Tract Map or Parcel Map shall include the phasing boundaries consistent with the
lots of the Tentative Tract. The phasing boundaries or lots shall be processed as separate
tract maps.
70. Revisions to the phasing plan shown on VTTM shall be approved by the City Engineer prior to
issuance of any permits.
71. Prior to City Council approval of the Tract Map, the developer shall, in accordance with
Government Code, have constructed all improvements or noted on the title sheet of the map
the improvements to be constructed or have improvement plans submitted and approved,
agreements executed and securities posted.
UTILITIES:
72. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway shall be the responsibility of the property owner or his agent. All overhead utilities
shall be undergrounded in accordance with Chapter 12.16 of the Lake Elsinore Municipal
Code (LEMC)
73. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley
Municipal Water District.
74. The developer shall apply for, obtain and submit to the City Engineering Division a letter from
Southern California Edison (SCE) indicating that the construction activity will not interfere with
existing SCE facilities (aka SCE NIL).
75. The developer shall comply with the "Will Serve" letter dated 07/31/12. Developer shall
supply to the City Engineering Division a copy of the "Will Serve' letter from Elsinore Valley
Municipal Water District stating that water and sewer arrangements have been made for this
project.
IMPROVEMENTS
Design
76. The development of each Planning Area or Phase shall be subject for specific review and
conditions of approval.
77. Sight distance at all intersections shall comply with CALTRANS Standards.
78. The developer shall install permanent bench marks at the following locations, Lake & Nichols,
Lake & Alberhill Ridge Road, and Alberhill Ridge Road & "B" Street per City of Lake Elsinore
Standards and at locations to be determined by City Engineer.
PC October 16, 2012 Item No. 2
Page 17 of 86
CONDITIONS OF APPROVAL
PAGE 10 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
79. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Lake Elsinore Standards.
80. The developer shall coordinate with Riverside Transit Authority for location and installation of
bus transit facilities.
81.10 -year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be
contained within the street right -of -way. When one of these criteria are exceeded, drainage
facilities shall be provided.
82. All drainage facilities in this project shall be constructed to Riverside County Flood Control
District Standards.
83.A drainage study shall be provided. The study shall identify the following: identify storm water
runoff from and upstream of the site; show existing and proposed off -site and onsite drainage
facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage
system shall be designed to ensure that runoff from a 10 -yr storm of 6 hours or 24 hours
duration under developed condition is equal or less than the runoff under existing conditions of
the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to
determine the detention basin capacities necessary to accomplish the desired results.
84. All natural drainage traversing the site shall be conveyed through the site, or shall be collected
and conveyed by a method approved by the City Engineer. All off -site drainage, if different
from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners
by a letter of drainage acceptance, or conveyed to a drainage easement.
85. Developer shall maintain the existing detention basin (Lot 1060) until transfer of maintenance
responsibility is accepted by RCFC &WCD.
86. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
87. The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
88.All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works
Standard Plans.
89. The Developer and its successors in interest, shall cause a Traffic Study to be prepared and
submitted to the City of Lake Elsinore Public Works Department at the completion of the first
200 Certificate of Occupancy (CofO's) of the Alberhill Ridge project and every 100 CofO's
thereafter until completion of the project in order to evaluate the actual traffic impacts of the
Alberhill Ridge development and determine consistency with the trigger to construct the
Nexus Improvements as identified in the LLG Traffic Study Report dated, February 291h 2012.
PC October 16, 2012 Item No. 2
Page 18 of 86
CONDITIONS OF APPROVAL
PAGE 11 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
Any identified traffic improvements in the periodic traffic studies shall be constructed within
100 CofO's or 18 months of the acceptance of the Traffic Study by the City of Lake Elsinore
whichever occurs first.
90. The Traffic Study shall consist of conducting AM and PM peak period traffic counts at the
study intersections identified as being impacted during the phased horizon year analysis
consistent with original traffic impact analysis (TIA), dated February 29, 2012, and performing
AM and PM peak hour level of service (LOS) analyses, accordingly. The Traffic Study Report
shall consist of a letter report complete with existing traffic volume figures, a LOS summary
table, appendix material presenting the existing traffic counts and LOS calculations, and a
summary of the Nexus and traffic improvements required.
91.The Developer shall construct the northerly half street improvements in Nichols Road (120'
RNV) adjacent to the County of Riverside +/ -598 acre property from the easterly project
boundary of VTTM 35001 to the westerly boundary of VTTM 30836 prior to the 800th
residential Certificate of Occupancy of VTTM 35001.
92. The developer shall construct full width street improvements and dedicate the right of way on
Alberhill Ridge Road, "A" to "H ", "J" to "M ", "Q ", "R ", "U" to "Z" as shown on the map and /or per
design guidelines in the Specific Plan. "B" Street shall be constructed and dedicated as a 90
It right -of -way, with a 14 ft median, and two (2) 20 foot travel lanes as shown on the tentative
map. Streets "A" and "C" shall be constructed and dedicated as a 54 foot right -of -way, 40 foot
roadway consistent with the tentative map with flared (widened) roadway at the intersections
as approved to the satisfaction of the City Engineer.
93. Street improvement plans shall be prepared by a Registered Civil Engineer and the plans
shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and
drainage improvements.
94. The developer shall provide signing and striping plans for the required improvements of this
project. The plans shall also incorporate traffic calming measures on local streets.
95. If existing improvements are to be modified, the existing improvement plans on file shall be
modified accordingly and approved by the City Engineer.
Permitting /Construction
96. An Encroachment Permit shall be obtained prior to any work on City and /or State right -of -way.
The developer shall submit the permit application, required fees and executed agreements,
security and other required documentation prior to issuance.
97.AII compaction reports, grade certifications, monument certifications (with tie notes delineated
on 8 '' /2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of
public works improvements will be scheduled and approved.
PC October 16, 2012 Item No. 2
Page 19 of 86
CONDITIONS OF APPROVAL
PAGE 12 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
98.The developer shall be responsible for acquiring right -of -ways in which the developer or the
City has no legal title or interest. If the developer is unsuccessful in acquiring such right -of-
ways, the City could assist the developer in the Eminent Domain process at developer's cost.
99. All streets shall be constructed per Lake Elsinore City Standards and /or applicable specific
plan. Any deviation from City standards shall be approved by the City Engineer.
Acceptance of Improvements
100. A portion of the required improvements for this development may be covered under the Traffic
Impact Fee (TIF) or Area Drainage Fee program. Request for reimbursement or credits shall
be approved by the City Engineer and based on allowable costs in the fee program and
availability of funds.
101. The developer shall submit a written request for acceptance to the City Engineer.
102. As -built plans shall be completed and signed by the City Engineer.
GRADING
Design:
103. A grading plan signed and stamped by a California Registered Civil Engineer shall be
submitted for City review and approval for all addition and /or movement of soil (grading) on
the site. The plan shall include separate sheets for erosion control, haul route and traffic
control. The grading submittal shall include all supporting documentation and be prepared
using City standard title block, standard drawings and design manual (available at www.lake-
elsinore.org).
104. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate
existing drainage pattern.
105. The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
106. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a
Hydrology and Hydraulic Report for review and approval by City Engineer shall be required
prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or
topography shall be approved by the City Engineer.
107. A seismic study shall be performed on the site to identify any hidden earthquake faults,
liquefaction and /or subsidence zones present on -site. A certified letter from a registered
geologist or geotechnical engineer shall be submitted confirming the absence of this hazard.
PC October 16, 2012 Item No. 2
Page 20 of 86
CONDITIONS OF APPROVAL
PAGE 13 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
108. The developer shall obtain all necessary off -site easements and /or permits for off -site grading
and /or drainage acceptance from the adjacent property owners.
Perm it/Construction:
109. Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
110. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
111. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge
Identification (WDID) letter issued by the Regional Water Quality Control Board for the
National Pollutant Discharge Elimination System (NPDES) program
112. Prior to commencement of grading operations, developer is to provide to the City with a map
of all proposed haul routes to be used for movement of export material. All such routes shall
be subject to the review and approval of the City Engineer. Haul route shall be submitted prior
to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City
Council. (LEMC 15.72.065)
113. Export sites located within the Lake Elsinore City limits must have an active grading permit.
114. Applicant to provide to the City a video record of the condition of all proposed public City haul
roads. In the event of damage to such roads, applicant shall pay full cost of restoring public
roads to the baseline condition. A bond may be required to ensure payment of damages to
the public right -of -way, subject to the approval of the City Engineer.
115. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper
than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the
City.
116. Submit an approved environmental clearance document to the Engineering Division. This
approval shall identify and clear all proposed grading activity anticipated for this project.
117. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in the Development Agreement or VTTM No.
35001
PRIOR TO ISSUANCE OF BUILDING PERMIT
118. Provide final soils, geology and seismic report, including recommendations for parameters for
seismic design of buildings, and walls prior to building permit.
PC October 16, 2012 Item No. 2
Page 21 of 86
CONDITIONS OF APPROVAL
PAGE 14 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
119. All required public right -of -way dedications and easements shall be prepared by the developer
or his agent and shall be submitted to the Engineering Division for review and approval prior
to issuance of building permit.
120. Prior to issuance of certificates of use and occupancy or building permits for individual tenant
improvements or construction permits for a tank or pipeline, uses shall be identified and, for
specified uses (where the proposed improvements will store, generate or handle hazardous
materials in quantities that will require permitting and inspection once operational), the
developer shall propose plans and measures for chemical management (including, but not
limited to, storage, emergency response, employee training, spill contingencies and disposal)
to the satisfaction of the County /City Building Official(s).
121. The applicable phased Final Map shall be recorded.
122. All street improvement plans, traffic signal plans, signing and striping plans shall be completed
and approved by the City Engineer per the Traffic Impact Analysis.
123. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
124. Comply with the recommendations of the approved Traffic Study Report.
125. All signing and striping and traffic control devices for the required improvements of this
development shall be installed.
126. All public improvements shall be completed in accordance with the approved plans or as
condition of this development to the satisfaction of the City Engineer.
127. In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition. All hauling
activity shall comply with the City's Grading Ordinance.
128. All final studies and reports, grade certifications, monument certifications (with tie notes
delineated on 8 '/2 x 11" mylar) shall be submitted in .tif format on a CD /DVD. Studies and
reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc.
129. All plan sets and recorded maps shall be digitized and provided on CD /DVD as follows:
• Final Map(s) - GIS Shape files* and .tif of recorded map.
• Improvement Plans — GIS Shape files* and .tif of approved as built mylar.
• Grading Plans - .tif of approved as built mylar.
• GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California
Zone VI U.S. Fleet.
PC October 16, 2012 Item No. 2
Page 22 of 86
CONDITIONS OF APPROVAL
PAGE 15 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
130. Documentation of responsibility for slope maintenance along right -of -ways and open spaces
to be maintained by the City LLMD or CFD shall be applied for prior to occupancy /final.
131. Developer shall pay all outstanding applicable processing and development fees including but
not all inclusive: MSHCP, TIF, and area drainage prior to occupancy /final approval in
accordance with the Development Agreement dated
PC October 16, 2012 Item No. 2
Page 23 of 86
EXISTI'QG COHDlTl N&
A. Geology, Soils & Saismicsay
Approximalcly 5Gq acre,, of
rite 1,853 acre Alberhill
Rands Specific Plan site
ha.-e be.n mined for clay,
resulting in deep cuts and
se's',d aGeration of the
.r.m,t! topography_ W alker
Canyon, containing
Temes,cal Creek, crosses
the site in a northwesterly
direction. On -site
elevations range from
3,200£ to 1,900'. The site
contains extensive areas of
257. slop.. A number of
Faulk are prtsen! on -site,
although no [O.thsive
evidence (.'active faulting
was found. Liquefaction is
tiktly within the lower
drainoge areas in the
northwest portion of the
site.
PP.O7F.CT IMPACTS:
From a geotechnical
standpoint, the site will be
suitable for development.
Project implementation will
alter the existing na oral
landform. R.medialgrading
and racomouring will be
necestnr_v in the mined out
areas Of Lire site. Grading
will also be needed to
stabdi a potential landslide
areas. There is the
potential for sail
settlement and liquefaction
imnacts during a seismic.
*Fart. Project grading is
anticipated to balance on-
site. The project proposes
retention of the nsajority
of the primary ridgaline
whicb extends through the
water of the site. Also,
169 acres are proposed for
development at a density
of0.2d.uJacre, minimizing
grading impacts in the
scutlnerty portion of the
site. Another 133 acres
are proposed for
designation as 'RCD',
Residential Constraint
Designed, clustering units
to minimize grading. Areas
of uncertified fills will
require either full or
Partial removal and
rectunpacdom
1 -1
Within landslide areas,
partial remccal and/or
buttressing will be
required. Additional slope
stabith» analyses shall be
performed_ The prc'ence
or absaoce of susptctcd
faults on-site shal3 be
confirmed by trantmnl;.
Erosion of slopes shall be
controlled. Additional
study is needed to develop
mitigations for lique-
faction prone soils.
Project grading for the
Alberhill Ranch Specific
Plan will blend with the
natural topography :u'
much as possible, by
clustering development,
:erracfng on hill <_ldts and
by preserving 331 acre, cf
natural open syace.
PC October 16, 2012 Item No. 2
Page 24 of 86
F.i( PRO yrc °t�;� PAC•m Vt,.,1T�uAT;0,11,- ,�AStsxps
B, Hydrology
Drainage to the site is
tributary to the Santa Ana
River through Temesral
Crack, which ultimately
flows imo the Pacific
ocean near Newport Bench.
Temescai Crack is the main
drainage course on the
site, collecting runoff from
the Walker Canyon area In
addition, drainage flows
from Rice Canyon into
Walker Canyon an -okra,
then flow, west to lira
Fred, flood Control Basin.
The City of Lake F'.AMemc
Cenurai Plan designates a
small portion of the site
near Walker Canyon as
"flood plain and flood
way
C, Noise.
A major noise Corrid,,
mists along Interstate 15,
with noise travels directly
adjacent to F 15 exceeding
70 CNEL. Secondary noise
corridors ivehlde Riverside
Drive and Lakeshore Drive,
with noise levels exceeding
65 CNEL.
project development wiB
increase runoff on -site,
increasing flows in Walker
Cmlyon Creek and o €her
downstream facilities. The
proposed storm drain
system would discharge
flows into Walker Canyon
Creek just west of I -]S.
Due to the magnitude of
the flow at the discharge
point, energy dissip a ter,
are required to prevenz
erosion of the stream bed.
Some improvements
pninima0to Walker Canyon
Creek are anticipated
adjs(cnl to the proposed
C,no n ,,.ial area to prevent
channel erosion and to
respond to potential flood
hazards in this area-
Runoff entering the Creek
will contain minoranwunts
of Pollutants typical of
nrb:m use_
co.strurlion noise
represents a short term
impact on ambient noise
levels. Traffic generated by
the Albarhill Ranch
Specific plan will result in
substantially increased
noise levels along on -zits
and off -site roadways. Of
the off-site roadway links
experiencing a noise
increase greater than 3 dB,
only two are adjacent to
existing residential tee:
-2
All drainage fazliidcs
shall conform to the
standards of the Riverside
County Flood Control and
Water Conservali.11
District and the City of
Lake Elsinore Commun8 y
Development Department.
Erosion control device€
and an energy
diisipatating device shell
be provided in order to
protect the existing
strcuu bad of Walk -,
Canyon Crack, if
necessary.
Construction hours will he
limited to minimize noise
impacts to existing
residential development.
All on-site rasidemm! lots
and dwellings shall be
sound attenuated so as
not to exceed an astern,
standard of 65 dB CNEL
in outdoor living areas
and an interior standard
of 45dB CN$L in all
habitable roams, The
project proponent shall
participate in trey i¢ -place
City off -site highway
noise mitigation progrmn.
PC October 16, 2012 Item No. 2
Page 25 of 86
rXISTDPTG CONDITIONS.- PRO1rCTPvIPACTS MITIGATION MEASURES
D. Climate and Air Qoaiily
The project site is located
in the South Coast Air
flasin Quality hlanngeenem
District (SCAQMD). The
Basin has been designated
A mm..ttainment area for
ozone, carbon monoxide,
nitrogen dioxide, tot.?
suspended particulates and
lead. The closest air
monitoring stwi.r. to the
site is in Perris.
Terra Cotta Road between
Nichols and Lakashore; and
Robb Road between Coal
and Terra Cotta. Along
Terra Cotta Road, the 65
CNEL contour is projected
to extend 2 feet past the
right-of-way. Along Robb
Road, the 55 CNEL contour
is projected to extend 49
feet past the right -of -way.
On-Ale lots along Lake
Street, Robb Road acid Coal
Road may experience noise
levels over 45 CNEL
Without mitigation.
Temporary air quality
impacts will result from
project construction. When
the project is completed
and occupied, 1110 project
area ail, be directly
affected by: (1) vehicle
emissions from project
traffic, (2) indirectly io-
fluemcad by pollutants am-
ivied by power generation
plaint: which serve the
project in the South Cans;
flasin. Projected total
emissions will increase
existing subxegionat em-
issions by 10,7%-23.3%
within Source Receptor 25.
The balanced land uses
proposed by the Alberhill
Ranch Specific Plan will
One, residents to satisfy
their recreational,commer-
cial and educational needs
Within the project bound-
ary, thereby reducing resi
dints' reliance on motor
v.hiclve. Bicycle/Pedes-
trian paths are provided
between land uses. Air
quality impacts are cansid-
eyed a significant adverse
impact of the project.
1 -3
To vmmnuize duet gate-
ration SCQAMD Rule 403
requiring watering during
grading operations sheil
be adhered to.
PC October 16, 2012 Item No. 2
Page 26 of 86
BXFSTING CONDITIONS PROPECT MEAM YJ1MAT1ONMEA U� R E &
E- Wildlife and Vegetation
Native coastal sage scrub
vegetation is found over
the steeper hillsides on-
site. Coastal sage scrub
supports a moderate .
diversity of wildlife.
Several bird species were
observed foraging within
the coastal sage scrub,
including raptorial birds -
Relatively large areas of
introduced grasslmnd are
found tin the more gentle
soutbfacing hillsides of the
site, replacing native
conrmunitios following
drytand farming. Native
species have been replaced
with ndvenriri,rs'weed_v-
species. Introduced grass -
land supports a lurtitad
diversity of wild ".ife. The
riparian /freshwater marsh
vegetation complex forms n
continuous border along
most of Temescal Creek,
,.rying in width from 30'
to 100'- This habitat
suppors abundant And
diverse wildlife habitats.
These habitats serve as
wildlife disparsior. carriders
important to regional wild-
life popuinions. A
Stephens' kangaroo rat
trapping program deter-
mined that the SKR (an
endangeredapeciesioccurs
on -site. The endangered
least baits vireo may also
be present on-site along
Temntcnl Creek.Thare aro
three sensitive plant
species believed to exist on
the southwesterly flank. of
Alberbiit hdounrajn on -site
(Allum fjMhriatttm var
munzii, Du ova multicaulis
and kl tat Imcr7j-
Project impiamenuMion will
require the removal of
vegetation ou approxiusately
1,300 acres of the site,
which will destroy wildlife
habitats as well. However,
the A)berhill Ranch
Specific Plmt retains 531
acres of open space,
parmnnently preserving
sensitive ripe;ian habitats
along Temescal Creek,
nvoiding impacts to the
least bells vtrea.
Development in areas
presently occupied by the
SKR will eliminate existing
populations of the species.
The three sensitive plant
species known to exist on
the saothwes :arn flank of
Albarhi €l Moanmin will be
removed by project
development, resulting in
the loss of sensitive
resources potoatially
occurring here. These
io feloli arc Considered
'significaw,
i -4
An erosion .control plan
shall be prepared for all
development areas
draining into Temescai
Creek. Any modificetlon
to the Creek will require.
permits from the
Department of Fish And
Game and the U.S. Fish
and Wildlife Service.
Revegela @on of slopes
shall utilize native
species. As the SKR is on
the Federal En;imtgarad
Species list, prajcet
development will require a
parraiI from the U'.S. Fish
and Wildlife. Service. An
Assessment Study shall be
undertaken rag.,chng the:
potential aximence of the
three sensitive plant
species believed to exist
oa the southwester, flank
of Alberhill Mounten.-
PC October 16, 2012 Item No. 2
Page 27 of 86
F%ISTINC CISNt311LONS: PROJECT INIPACTB: MITIGATION h7EASlJRLS;
F. Land Use
All bat eight acres of the
1,553 acre Aiborhill Ranch
Specific Plan and all of the
822 acre Annexation Aran
are currently located in
unincorporated Riverside
County, within the Sphere
of Influence of the City of
Lake Elsinore. Clay mining
activities were conducted
oil the Specific Plan site
for the past 100 years,
thought they were recently
discontinued. The 822 tier¢
Annexation Area is
,opposed arrive physically
"Paretc areas to tl:e
north, wut and south of
the Specific Irian site The
area is largely vacant.
though same residences
axis is the Nichols
Road /Terra Cotta Road
area. The majority of the
Specific Plan site and some
of the Annexation Area is
designated far ;Mineral
Resources" on the County
of Riverside Open Space
imd Conservation Map.
reclines of the site and
Annexation Area are de-
signated "Areas Not De-
signated as Open Space and
"Mountainous ". Surrounding
land use ineinde Clay
mining activities to the
west of the site, near Lake
Street interchange. To the
north and east, where terr-
ain is steeper, is primarily
vacant land with rural res-
idesidid uses. Residential
development has recently
occurred immediately south
and west of the project
size.
Project approval will result
in the annexation of 2,667
acres into the City of Lake
Elsinore. On -site land use
within timAurrexation Area
will nut be altered by
project approval, ass no
development is proposed.
Proposed prezoniag
designations within the
Nichols Road /Terra Cotta
Road portion of the
Annexation A reo include 45
acres of R-I zoning,
allowing 270 d-u. and 71
acres of R-S, adowine 36
el.u. The rest of the
Annexation Area is pro-
posed for designation as
'SPA', Specifie Plan Area.
For the Alberhill Ranch
Specific Plan site, project
approval . will result in a
'Specific Plan' resignation
an the City L':eneral Plan
and the construction of
3,705 d.u. on 896 acres of
the site, S31 acres of open
space, 254 acres of
commercial use, 30 acres
parks and 50 acres of
school /park sites. .A gross
density of approximately 2
d.m /acre is achieved by the
Proposed Speckle Plan,
which is comparable m lm
residential densities
immediatelyadjacent to the
site. In the extreme
southern portion of the.
site, 169 acres are
designated 'Rural
Residential' (2
which is compatible with
the very tow density
residential uses existing
off-sim can of Terra Cotm
Roar'.
z -s
The preparation of the
Alberhili Ranch Specific
Plan complies with the
City of Lake Elsinore
General Plen designation
and it contains special
land me and design
controls that are not
available when ]and
develops on a. tract by
tract basis. Adequate
school facilities, parks and
open space, circulation,
etc, are provided, as am
design goideimes, site
Planning criteria, etc. Na
additional mitigation for
impacts to land use ar.-
recommended.
PC October 16, 2012 Item No. 2
Page 28 of 86
EXISTING CONDITIONS
G_ Population And Housing
The City of Lake Elsinore
had a 1988 population of
12,804. SCAG GMA -1
Baseline Projections call
for a 2010 population of
45,597 within 20,739 d.u.
Central Riverside had a
1988 population of 237,100,
with a projected population
of 381,400 for the year
2074.
H. Energy Rewurces
Since the termination of
HAY mining ac4i,,ifes on-
site, the project site
consumes little or na
energy.
Utilizing the factors
established by the City of
Lake Elsinore for park
dedication requirements, a
population of 11,841
parsons would be generated
by the Alberhiil Ranch
Specific Plan. A population
of 1,114 persons would be
gtntretad within the
portions of the Annexation
Area pospsed for pre -
zoning as R -1 and R'S.
The resulting 12,955
population repr"aws a
100% increase to the 1988
City population; however,
SCAG GMA -1 Baseline
Projections are not
exceeded. The Alberitill
Ranch Specific Plan also
proposed 254 Acres of
commercial use. creal ing an
estimated 3,097 jobs for
project and area residents,
enhancing the job /housing
balance in the region.
The Alberhiil Ranch
Specific Plan will create z
demand for 749,200 cubic
feel of natural gas per tiny
and 182,946 kWh of
electricity. per day. Tha 306
units which could be
accommodated within the
R-t and R -S zoning of the
annexation area will
consume 69,983 cubic feet
of natural gas and 6,400
kWh of eloctricity.
A'6
MITiGATiON N1.Eti§J RLS
No mitigation measures
are recommended for ;he
increased housing and
population gancrotad Lg
the project. Mitigation
measures relative to the
increased demand for
service as a result of the
annexation request are
discussed In Section lv.
M_, Public Facilities and
Services.
The Architectural
Gaidelines in, the
Alberhiil Ranch Specific
Plan. requires that fuaura
development comply with
several measures relavng
to energy conservation.
PC October 16, 2012 Item No. 2
Page 29 of 86
I. Aesthetics
The 1,853 -acre Alxrhill
Ranch site is traversed by
a major ridgcline located
west of and parallel io 1-
15, se that the primary
appearance of the site from
areas to the gall is one of
undeveloped 'hillsides and
upon space. Within the
interior of the site, the
natural terrain lass been
extensively altered by clay,
mining activities over the
past 100years, resnhing in
large pits, access roads,
de- siting ponds, etc.
Significant topographic
features in the southern
portion of the site also
shield the interior of klte
site from view. The site's
appearance is also
influenced by the riparian
habitat found along
Temescnl Creek oo -site.
Implementation of the
Alberhill Ranch Specific
Plan will permanentlyaiter
the nature aad appearance
of the site through grading
and development. Approxi-
merely 531 acres of the
Silt will remain as open
space, encompassing the
significant ridgeline located
west of and parallel to I-
15, as well as the riparian
vegetation associated with
Temewaf Creek. Nograding
is proposed within tlus
arei'; tb Crafora appearaM vN
or the site from portions
of 1 -15 will not be
impacted by project
development. Project
approval will siguiflcmnfv
improve the appearance of
the mined area on-sue. In
addilion,(he Spaciric Plan
Contains Developmaat
Standards and Design
Guidelines which regulate
future dove mpmcat within
the project.
J. Historic and Prehistoric Resources
One previously recorded
archaeological site is
present m ire and two
new sites were located
during survey activities.
One new site supported a
short -term use such as
atone tool. manufacture.
Site two appears to be a
mate-orieated flaking
station. One historical site
is located nn -site,
consisting of remnant
mining activities of Pacific
Sewer Pipe, possibly dated
1890. Five previously -
recorded paleontological
sites were identified and
two new localities were
found.
Project grading could
result in the destruction of
known and unknown on-
site nrchaeoingicel Aug
paleontological resources,
without proper mitigation,
All known sites will be
directly impacted by
dcvelopmanl. The mining
historical site will be
removed as a result of
project development;
however, its recordation is
adequate mitigation.
1 -7
The Specific Plan praises
land uses, standards and
design guidelines which
mitigate visual impacts of
project dovelepraeut_ N.
Additional mitigation
an e a S Urea are
recommended.
For archaeologicai
resources, data collection
for site one shall be
Performed and data
coilaukiorittesting
program
Shall tie performed for
site two, An archaeologist
shall be cotttacted if any
cultural resources are
found during grading.
Samples shall be collected
from known sites prior to
project grading. Grading
in the ncibrncnts of the
Silverado, Paub. and
Older Alluvium shalt be
monitored fell time to
permit the collection of
specimens.
PC October 16, 2012 Item No. 2
Page 30 of 86
EXMING CONDITIONS PROJECT IMPACTS MITIGATIONMEASURFS
Fossils of several species
were recovered within the
5i3verada Formation, whici:
has a high paleontologic
sea n iv"ty.
K. Mineral Resources
Clay has been mined ..-
site for the pat 100 years.
though Pacific Clay
P red are is recent ly
terminated mining on-site,
becnnse it became
economically infeasible.
Clay mining has severely
altered the natural
topography on
approximately 500 acres of
the sate. Portions of the
clay deposits on-sim have
been clnssifs'ed by the State
Division of Mines and
Geology ns MRZ -2,
Significanl Mineral
Deposits. in respvnsa to
Stare MRZ zoning, the
County of Riverside
General Plan designates the
site for 'Mineral
Reso"'ceii use.
L. Circulation
Roadways that will be
utilized by the project
Include 1 -15, Lake St.,
Robb Rd., Nichols Rd., Coal
Rd., Terra Cotta Rd.,
Collier Ave., Lakeshore Da,
Lincoln St. and Riverside
Dr. All intersections in the
vicinity of the site operate
at a Level of Service C or
better for existing p.m.
peak hour condition, except
for the intersection of
Machado SL at Lakeshore
Dr., which needs
signatization.
Project development will
preclude future use of the
site for clay extraction;
howexnr, this use has been
found to be economically
inreaible. The Specific
Plan proposal would
eliminate the .Stale MRZ
zone from the site. The
mined area of the site will
require "reclamation' in
order to uccommodale the
Project,
The Alberhill Ranch
Specific Plan proposes an
ou -site circulation system
which implements the
Riverside county and City
of Lake Elsinore
Circulation Elements. Bike
trails, pedestrian walkways
and an equestrian /hiking
trail are also proposed. The
project will genera #e 80,070
external trips and 576,500
miles of travel per day. All
intersections hot one in
the project area are
projected to operate at
�a
An amendment to a
previously-approved
Reclamation Plat, for the
mined area must le,
reviewed and approved by
the City and/or the State
)tinning Board.
Improve Lake St. between
Coal Rd, and 1-15 to an
Arterial; improve Coal Rd..
between Lake St. And
Terra Cotta Rd, to a
Major, improve Nichols
Rd, between Coal Rd, and
the project boundary east
of I-15 to A Major;
improve Robb Rd. to an
Arterial between Coal Rd.
and Lakeshore Dr, and
improve Terra Carta Rd.
to a Modified Secondary
between Nichols Rd. and
Lakeshore Dr. Inferyaelihn
PC October 16, 2012 Item No. 2
Page 31 of 86
EXISTING CONDITIONS PROJECT I]iPACTS WrIGATIONMfEASURES
M, P.Mk Facilities and Services
The project area is
provided services by the
fc ➢owing agencies: Fire
protection - California
Dept. of Forestry and
Riverside County Fire
Dept; Police Protection-
Riverside County Sheriff
Dept.; Schools - Luke
Elsinore and Elsinore Union
High School Districm
Parka and Recreation -
Lake Elsinore Recreational
and Park District;
Electricity Southern
California £disom Natural
Gas - Sauvhorn California
Gs Co„ Telephone -
General Telephone; Solid
Paste- County Dept. of
Waste Management,
Level of Service (LOS) C
or better in the pan. peak
hour, with proposed.
improvements. For future
traf €in conditions with area
wide growth and
surrounding development
plus the project, all
intersections but one in
the vicinity of the site will
operate at LOS C or
better, To achieve LOS C
at all iaterfoctiorrs, Lake
St. should be upgraded to
an urban arterial bciween
1-15 and Co.] Road.
Then, are presently an fire
stetiores within the required
respotuo time far the
Proposed Category 11 urban
development, though the
City of Lake Elsinore may
be acquiring a site on
Lincoln St., north of
Machado which would be
capable of providing an
acceptable Tavel of service.
Project implementation will
result in the need for 22
additional deputies in order
to achieve the desired
officer/resident ratio. The
Alberhiil Randh project
would generate an
estimated 2,224 students
and proposes two 15 -acre
elementary school and one
20 -acre junior high school
sites. The Alberhill Ranch
Specific Plan and the 306
units which could be
accommodated within the
R-1 and R-S portions of
the Annexation Area would
result in a 2,973 average
day and 5,776 NfGD maxi-
mum day demand for water.
gaomUrica recommended
by the Traffic Study
should be implemented.
For existing, plus project
traffic conditions, traffic
signals are warranted at
10 intersections.
The project will be
required to satisfy City
and County Fire Depnr.-
mew standards for fire
stations. A Mello -Roos
District may be formed to
pay for certain projeu
expenses. hhe project wilt
be subject to school
impact fees imposed by
All 2926. All condltlom
pertaining to wyler and
waslewates requirednan's
as specified by the
Elsinore Valley Muni ipal
Water Dist. shat[ be
folt6,ved. In order to
conserve water, the
project shall comply with
Title 20 of the Calif.
Admin. Code. Pork lands
shall be provided in
accordance with City of
Lake £lxiuore Ordinance
85-34. Building energy
consorvation shall be
achieved by compliance
with TWe 24 of the Calif.
Admin. Code. The Specific
Plan includes gaidelmoi
for provision of trash
collection stations.
PC October 16, 2012 Item No. 2
Page 32 of 86
EX a MC>.MDITIONS PROMU IMPACTS MITIGATION MEASURES
A water distribution system
is proposed to serve the
project area. Portions of
the site would have to be
served by the ISMS
pressure Zone system,
which has no facilities at
this time and will r.quirea
regional pump station, Imes
and storage reservoirs.
Tow) average daily flows
of 1.3893 MGD of sewage
are anticipated. To provide
sewage facilities, the
masler planned treatment
plant westerly of Ternascal
Road tons; be constructed.
although an interim plan is
available for a portion of
the project, utihting the
existing Cheney Street
facility. The project will
create a demand for 58.73
acres of recraalion
Ie£rlrne' per Cav
Resolution 85-34. The
Alberhill Ranch Specific
Plan proposes a total of 80
acres of schools anti parks,
including a 30-acr.
Community Park. The
pro;ecl proposes a 14'
equotrsan /hiking trail from
Nichols Road north through
the open space, providing a
connection to Lake Street
for future off -aitc
recreational was as part of
the County Park Deport-
ment's proposed trail
.sysletn. The project will
create a demand for
182,946 kwb of electricity
per day and 1,140,581 c.f,
of natural gas per month.
The project will generate
46 tons of solid waste per
day, shortening the fife of
the Double Sun. and rl
Solarante Disposal sites.
I -1i!
PC October 16, 2012 Item No. 2
Page 33 of 86
RESOLUTION NO. 2012-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE MAKE FINDINGS THAT THE PROJECT
IDENTIFIED AS VESTED TENTATIVE TRACT MAP NO. 35001 IS IN
COMPLIANCE WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
WHEREAS, Castle and Cooke, Lake Elsinore West, Inc., has submitted an
application for Vested Tentative Tract Map No. 35001 (Project Site), located on
approximately 400 acres on the west side of the 1 -15 Freeway at the Nichols Road and
Lake Street intersections and commonly identified as Assessor Parcel Numbers (APNs
389- 020 - 062, 389 - 020 - 064, 389 - 080 - 055, 389 - 080 - 056,390- 139 - 026,390- 130- 028,390-
160 -003, 390 -160 -006, 390 - 190 -014, 390 - 190 -015, 390 - 190 -017, 390 - 190 -018, 390-
200- 008, 390- 200 - 010, 390- 210 -021); and,
WHEREAS, Castle & Cooke, Lake Elsinore West, Inc., purchased an
approximate 400 acre portion of the approximate 1,000 acre Brighton Alberhill Ranch
Specific Plan Amendment No. 1 area; and,
WHEREAS, the Project site is now owned by Castle & Cooke, Lake Elsinore
West, Inc., successor in interest to the Tri- Valley I and is covered by the terms of the
Acquisition Agreement between the Tri - Valley I and the County of Riverside entered into
on February 10th, 2004 and related memoranda of Understanding (the "tri- Valley
Transaction ") whereby the County acquired approximately 598 acres for conservation
purposes and setting forth the MSHCP Section 6.1, A, 1, a. Alternate Habitat Evaluation
and Acquisition Negotiation Strategy (HANS) and is, therefore, complete in complying
with the MSHCP; and,
WHEREAS, pursuant to the terms of the MSHCP, the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines
(14 C.C.R. §§ 15000 et seq.), have been complied with, and therefore, after MSHCP
HANS approvals, no further CEQA is required; and,
WHEREAS, public notice of the Project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on October 16, 2012.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission acknowledges the Tri - Valley
Transaction which implements the HANS and completes the MSHCP process for the
Project. Because the Project has completed the HANS process the Project is not
required any further regulations under the MSCHP, the Planning Commission takes no
further MSHCP action with regard to this Project.
PC October 16, 2012 Item No. 2
Page 34 of 86
PLANNING COMMISSION RESOLUTION NO. 2012- _
PAGE 2OF3
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2012, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Rick Morsch, Chairman
Lake Elsinore Planning Commission
ATTEST:
Warren Morelion, AICP
Acting Community Development Director
PC October 16, 2012 Item No. 2
Page 35 of 86
PLANNING COMMISSION RESOLUTION NO. 2012 -
PAGE 3 OF 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Warren Morelion, Acting Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2012 - as adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th
day of October 2012, and that the same was adopted by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
Warren Morelion, AICP
Acting Community Development Director
PC October 16, 2012 Item No. 2
Page 36 of 86
RESOLUTION NO. 2012-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS TO CERTIFY
ADDENDUM NO. IV TO THE ALBERHILL RANCH SPECIFIC PLAN FINAL
ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO.
88090517)
WHEREAS, an application has been filed with the City of Lake Elsinore by Castle
& Cooke, Lake Elsinore West, Inc., for Vested Tentative Tract Map No. 35001 and an
Amended and Restated Development Agreement Between The City of Lake Elsinore
and by Castle & Cooke, Lake Elsinore West, Inc. as the successor in interest to
Brighton Alberhill Associates for Alberhill Ranch Development ( "the Project'), located
within a +/- 400 acre portion (the "Site ") of the original 998 acre area within the Brighton
Alberhill Ranch Specific Plan Amendment #1 ('Brighton ARSP #1 "); and
WHEREAS, the requirements of the California Environmental Quality Act (Cal.
Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation
of CEQA (title 14, Cal. Code Regs. §§ 15000 et seq.: the "CEQA Guidelines ") are
applicable to discretionary projects, which are defined in CEQA Guidelines Section
15357 as "a project which requires the exercise of judgment or deliberation when the
public agency or body decides to approve or disapprove a particular activity, as
distinguished from situations where the public agency or body merely has to determine
whether there has been conformity with applicable statutes, ordinances, or regulations ";
and
WHEREAS, in June 1989, the City certified Final Environmental Impact Report,
State Clearinghouse No. 88090517 (the "FEIR ") for the Alberhill Ranch Specific Plan;
and
WHEREAS, in September 1991, the City approved the Brighton ARSP #1 and
related Addendum to the FEIR, and,
WHEREAS, Section 15164 (a) of the CEQA Guidelines provides that "The lead
agency shall prepare an addendum to a previously certified EIR if some changes or
additions are necessary but none of the conditions described in Section 15162 calling
for preparation of a subsequent EIR have occurred "; and
WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has
been certified or negative declaration adopted for a project, no subsequent EIR shall be
prepared for that project unless the lead agency determines, on the basis of substantial
evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require
major revisions of the previous EIR or negative declaration due to the
involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
PC October 16, 2012 Item No. 2
Page 37 of 86
PLANNING COMMISION RESOLUTION 2012 -
PAGE 2 OF 4
2. Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of
the previous EIR or negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence
at the time the previous EIR was certified as complete or the negative
declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not
discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially
more sever than shown in the previous EIR;
(C) Mitigation measures or -alternatives previously found not the be
feasible would in fact be feasible and would substantially reduce
one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or
alternative; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative "; and
WHEREAS, public notice of the Project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on October 16, 2012.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered Addendum No. IV
prepared for the Project. The Planning Commission determines that, based upon the
following findings, Addendum No. IV was prepared in conformance with CEQA and is
the appropriate environmental document for the Projects:
1. Addendum No. IV to the FEIR is complete, contains all required information,
and has been completed in compliance with CEQA, utilizing criteria set forth
in Section 15164 of the CEQA Guidelines.
2. Addendum No. IV is the appropriate document because changes and
PC October 16, 2012 Item No. 2
Page 38 of 86
PLANNING COMMISION RESOLUTION 2012-
PAGE 3 OF 4
modifications proposed by the Project are necessary but do not trigger any of
the conditions set forth in CQEA Guidelines Section 15162 (see below).
3. The Project does not introduce any new significant environmental effects, nor
will they result in any new significant unavoidable project impacts beyond
those previously identified in the FEIR.
4. The Project does not propose substantial changes to the project as analyzed
under the FEIR, which will require major revisions to the FEIR due to new
significant environmental effects or a substantial increase in the severity of
previously identified significant environmental effects.
5. No new information of substantial importance exists, which was either
unknown or could not have been known at the time that the FEIR was
certified, to show that the Project will have significant effects that were not
described in the FEIR, that significant effects that were examined in the FEIR
will be more severe as a result of the Project, that mitigation measures or
alternatives previously found infeasible would in fact be feasible, or that new
mitigation measures are necessary for the Project.
SECTION 2. Based upon the foregoing, and based upon all oral and written testimony
and other evidence presented, the Planning Commission hereby recommends that the
City Council of the City of Lake Elsinore adopt Addendum No. IV to the FEIR.
SECTION 3. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED this 16th day of October 2012, by the following
vote:
Rick Morsch, Chairman
City of Lake Elsinore
ATTEST:
Warren Morelion, AICP
Acting Community Development Director
PC October 16, 2012 Item No. 2
Page 39 of 86
PLANNING COMMISION RESOLUTION 2012 -
PAGE 4 OF 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, WARREN MORELION, Acting Community Development Director of the City of
Lake Elsinore, California, hereby certify that Resolution No. 2012- was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 16th day of October 2012, and that the same was adopted by the following vote:
AYES:
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Warren Morelion, AICP
Acting Community Development Director
PC October 16, 2012 Item No. 2
Page 40 of 86
RESOLUTION NO. 2012-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL
OF VESTED TENTATIVE TRACT MAP NO. 35001.
WHEREAS, an application has been filed with the City of Lake Elsinore by Castle
& Cooke Lake Elsinore West, Inc., for the Vested Tentative Tract Map (VTTM)
subdivision of 1,056 single family lots, 1 High Density Multi Family lot and 2 Suburban
Village lots, all having legal access consisting of 400.3 acres ( "the Project ") for
development purposes only. The Project is generally located on the east side of Lake
Street at Temescal Road and north side of Nichols Road, further identified as Assessor
Parcel Numbers (APNs 389 - 020 -062, 389 - 020 -064, 389 - 080 -055, 389- 080- 056,390-
139 -026, 390 - 130 - 028,390- 160 -003, 390 - 160 -006, 390 - 190 -014, 390 - 190 -015, 390-
190 -017, 390 -190 -018, 390 - 200 -008, 390 - 200 -010, 390 - 210 -021); and,
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
Vested Tentative Tract Maps; and,
WHEREAS, on October 16, 2012 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Prior to making a recommendation to the City Council, the Planning
Commission has reviewed and analyzed Vested Tentative Tract Map No. 35001
pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions)
of the Lake Elsinore Municipal Code ( "LEMC").
SECTION 2. The Planning Commission hereby finds and determines that
Vested Tentative Tract Map No. 35001 is subject to the California Environmental Quality
Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for
Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA
Guidelines "). Specifically, the Planning Commission finds that the Project Specific Plan
was subject to a full EIR and the Vested Tentative Tract Map No. 35001Addendum IV to
the EIR adequately evaluates the Project changes and finds that there are no
significant affects on the environment pursuant to CEQA caused by these changes.
SECTION 3. That in accordance with State Planning and Zoning Law and the
Lake Elsinore Municipal Code, the Planning Commission makes the following findings
for approval of Vested Tentative Tract Map No. 35001:
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan. The proposed subdivision is
PC October 16, 2012 Item No. 2
Page 41 of 86
PLANNING COMMISSION RESOLUTION NO. 2012-
PAGE 2 OF 3
compatible with the objectives, policies, general land uses and programs
specified in the General Plan (Government Code Section 66473.5).
The General Plan designates the site for a mixed land use Specific Plan.
Consistent with that designation, the Vested Tract Map can accommodate future
mixed land uses. The Tract Map is consistent with the designated land use,
development and design standards, and all other appropriate requirements
contained in the General Plan, and Subdivision Map Act.
2. The effects this project is likely to have upon the housing needs of the region, the
public service requirements of its residents and the available fiscal and
environmental resources have been considered and balanced.
The Vested Tract Map is consistent with the Development Agreement
Amendment No. 2, land use plan, development and design standards, and
programs, and all other appropriate requirements contained in the General Plan.
Vested Tentative Tract Map No. 35001 is consistent with the future mixed land
use specific plan designation and applicable development and design standards.
3. Subject to the attached conditions of approval, the proposed project is not
anticipated to result in any significant environmental impact.
The project has been adequately conditioned by all applicable departments and
agencies and will not therefore result in any significant environmental impacts
because it is not for development purposes but only for parcel conveyances for
financing purposes. The proposed use, together with the conditions applicable
thereto, will not be detrimental to the public health, safety, or welfare or materially
injurious to properties or improvements in the vicinity.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby recommends that the
City Council approve Vested Tentative Tract Map No. 35001.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, this 16th day of October, 2012.
Rick Morsch, Chairman
City of Lake Elsinore
PC October 16, 2012 Item No. 2
Page 42 of 86
PLANNING COMMISSION RESOLUTION NO. 2012 -
PAGE 3 OF 3
ATTEST:
Warren Morelion, AICP
Acting Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Warren Morelion, Acting Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2012 - as adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th
day of October 2012, and that the same was adopted by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
Warren Morelion, AICP
Acting Community Development Director
PC October 16, 2012 Item No. 2
Page 43 of 86
RESOLUTION NO. 2012-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT RECOMMEND TO
THE CITY COUNCIL ADOPTION OF THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE
AND CASTLE & COOKE, LAKE ELSINORE WEST, INC., AS SUCCESSOR IN
INTEREST TO BRIGHTON ALBERHILL ASSOCIATES., FOR ALBERHILL
RANCH DEVELOPMENT
WHEREAS, Castle and Cooke, Lake Elsinore West, Inc., has submitted an
application for an Amended and Restated Development Agreement Between the City of
Lake Elsinore and Castle & Cooke, Lake Elsinore West, Inc., as successor in interest to
Brighton Alberhill Associates, for property located on approximately 400 acres on the
west side of the 1 -15 Freeway at the Nichols Road and Lake Street intersections (the
"Project Site ") and commonly identified as Assessor Parcel Numbers (APNs 389 -020-
062, 389 - 020 -064, 389 - 080 -055, 389 - 080 - 056,390- 139 -026, 390 - 130 - 028,390- 160 -003,
390 - 160 -006, 390 - 190 -014, 390 -190 -015, 390 - 190 -017, 390 - 190 -018, 390 - 200 -008,
390 - 200 - 010,390- 210 -021); and,
WHEREAS, the Project Site is an approximate 400 acre portion of the
approximate 1,000 acre area within the Brighton Alberhill Ranch Specific Plan
Amendment No. 1 ( "Brighton ARSP IV') which was the subject of a 1990 Development
Agreement between the City and to Brighton Alberhill Associates and Amendment No. 1
thereto (collectively, the "Original DX) that vested certain development rights for the
Brighton ARSP #1 area; and,
WHEREAS, the Project Site is now owned by Castle & Cooke, Lake Elsinore
West, Inc., successor in interest to the former Brighton Homes and Tri- Valley I, and is
covered by the terms of the Original DA and the proposed Amended and Restated DA;
and,
WHEREAS, Castle and Cooke, Lake Elsinore West, Inc., has also submitted an
application for approval of Vested Tentative Tract Map No. 35001 to subdivide the
Project Site for development purposes consistent with the Brighton ARSP IV; and
WHEREAS, the proposed Amended and Restated DA will vest the development
rights under the Brighton ARSP #1 and the VTTM No. 35001 consistent with the
Original DA and purpose and intent of Government Code Sections 65864 through
65869.5 (the "Development Agreement Law ") and Lake Elsinore Municipal Code
Chapter 19.12 establishing rules and regulations for the consideration of Development
Agreements; and
WHEREAS, public notice of the Amended and Restated DA has been given, and
the Planning Commission has considered evidence presented by the Community
Development Department and other interested parties at a public hearing held with
respect to this item on October 16, 2012.
PC October 16, 2012 Item No. 2
Page 44 of 86
PLANNING COMMISSION RESOLUTION NO. 2012 -
PAGE 2 OF 4
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission held a duly noticed public hearing on the
Amended and Restated Development Agreement on October 16, 2012 and based on
the information presented, the Planning Commission makes the following findings in
accordance with Section 19.12.080 of the LEMC:
1. The proposed Amended and Restated Development Agreement is consistent
with the objectives, policies, general land uses and programs specified in the
General Plan.
The Amended and Restated Development Agreement is consistent with the
Project Site's Brighton ARSP #1 land use designation.
2. The proposed Amended and Restated Development Agreement is compatible
with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is located.
The property that is subject to the proposed Amended and Restated
Development Agreement is located within the Brighton ARSP #1 planning area
and vests those uses permitted by the Brighton ARSP #1.
The proposed Amended and Restated Development Agreement conforms to the
public convenience and general welfare and reflects good land use practices.
The proposed Amended and Restated Development Agreement conforms to the
public convenience and general welfare because the Agreement provides for
residential and commercial development which will expand the City's revenue
base and provide new neighborhoods and neighborhood shopping and other
commercial conveniences for City residents.
4. The proposed Amended and Restated Development Agreement will not be
detrimental to the health, safety and general welfare of the community.
The proposed Amended and Restated Development Agreement will not be
detrimental to the health, safety and general welfare of the community because
the Agreement incorporates all of the land use approvals for the Project Site and
requires compliance with all conditions of approval and mitigation measures
associated therewith to protect and health, safety and general welfare of the
community.
5. The proposed Amended and Restated Development Agreement is consistent
with the provisions of Government Code Sections 65864 through 65869.5.
PC October 16, 2012 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2012-
PAGE 3 OF 4
The form and content of the proposed Amended and Restated Development
Agreement is consistent with the requirements of the Development Agreement
Law.
SECTION 2. The City has properly reviewed and assessed the Amended and
Restated Development Agreement pursuant to the California Environmental Quality Act
(Cal. Publ. Res. Code § §21000 et seq.), the State CEQA Guidelines (14. Cal. Code
Regs § §15000 et seq.) and the City's Procedures for Implementing the State CEQA
Guidelines (hereinafter collectively referred to as "CEQA "); and has prepared and
approved CEQA Addendum No. IV to the Alberhill Ranch Specific Plan EIR finding that
the proposed Amended and Restated Development will not have any significant
adverse environmental impacts.
SECTION 3. Based on the foregoing findings and the testimony received during
the public hearing and submitted by the applicant and by City staff, the Planning
Commission recommends to the City Council approval of the Amended and Restated
Development Agreement by and between the City of Lake Elsinore and Castle & Cooke,
Lake Elsinore West, Inc.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2012, by the
following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Rick Morsch, Chairman
Lake Elsinore Planning Commission
ATTEST:
Warren Morelion, AICP
Acting Community Development Director
PC October 16, 2012 Item No. 2
Page 46 of 86
PLANNING COMMISSION RESOLUTION NO. 2012 -
PAGE 4 OF 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Warren Morelion, Acting Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2012 - as adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th
day of October 2012, and that the same was adopted by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
Warren Morelion, AICP
Acting Community Development Director
PC October 16, 2012 Item No. 2
Page 47 of 86
Recording Requested By and
When Recorded Return to:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Clerk
Fee Exempt — Gov't Code §27383
(Space above for Recorder's Use)
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF LAKE ELSINORE
AND
CASTLE & COOKE LAKE ELSINORE WEST, INC.,
SUCCESSOR -IN- INTEREST
TO BRIGHTON ALBERHILL ASSOCIATES FOR ±400.3 ACRES
OF THE 998 ACRE ALBERHILL RANCH DEVELOPMENT, ET AL.
Approved 2012
Ordinance No.
Amended and Restated Brighton Alberhill DA 101112.doc
PC October 16, 2012 Item No. 2
Page 48 of 86
TABLE OF CONTENTS
1. DEFINITIONS ...................................................................................................... .............................23
2. EXHIBITS ............................................................................................................. .............................36
3. MUTUAL BENEFITS ........................................................................................ ...............................
37
3.1 Benefits to City ............................................................................................ ...............................
38
3.2 Benefits to Developer .................................................................................. ...............................
40
3.3 Project Amenities and Consideration .......................................................... ...............................
41
4. RESTATEMENT .................................................................................................. .............................47
5. COMPLIANCE WITH LAWS AND GOVERNMENTAL REQUIREMENTS ...............................
47
5.1 Compliance with Governmental Requirements.......::.: :.:.........................._ ...............................
47
5.2 Project as a Private Undertaking . .................................................................... ...........................
48
6. DURATION OF AGREEMENT ..............................::.:....................................... ...............................
50
7. DEVELOPMENT OF ALBERHILL RIDGE PROJECT ON DEVELOPER PROPERTY
.............. 51
7.1 Permitted Uses .............. ............................:.............................................................................
51
7.2 Subsequent Development Approvals........................................................ ... ...............................
54
8. PHASING AND TIMING OF DEVELOPMENT ....... ................................ ..................................
56
8.1 Timing of Development ...... ............................... .................................. ...............................
56
8.2 Annual Progress Report ............................................................................... ...............................
60
9. PERIODIC REVIEW ................................ ..............................' .......................... ...............................
63
10. VESTING OF RULES, REGULATIONS AND OFFICIAL, POLICIES .......... ...............................
65
10.1 Existing Land Use Regulations ................................................................... ...............................
65
10.2 Subsequent Actions and Approvals ..::......................................................... ...............................
67
10.3 Processing .............................:........................................................................ .............................70
10.4 Initiatives and Moratoria ...:........................................................................ ...............................
74
10.5 Other Governmental Permits` .....................:.............................................. ...............................
78
10.6 Subsequent Changes in State or Federal Laws ............................................ ...............................
79
10.7 Life of Subdivision Maps;. ....... ...........:...................................... ...............................
80
10.8 Fees, Conditions and Dedications ............................................................... ...............................
81
10.9 Financing of Public Facilities and /or Services ............................................ ...............................
85
10.10 Construction of Facilities and Provision of Public Services ................... ...............................
89
10.11 Participation in LLMD No. 1, CFD No. 2006 -5 and CFD No. 2007-1 .. ...............................
91
10.12 Reimbursement Agreements .................................................................... ...............................
95
11. AMENDMENTS; OPERATING MEMORANDA ............................................. ...............................
97
11.1 Amendments ....:............................................................................................. .............................97
11.2 Operating Memoranda ................................................................................. ...............................
98
12. RELEASE, INDEMNIFICATION, COOPERATION AND COVENANT OF
FURTHER
ASSURANCES................................................................................................. ...............................
102
12.1 Release Prior Claims ................................................................................. ...............................
102
12.2 Indemnification .......................................................................................... ...............................
104
12.3 Further Assurances ........................................................ ............................... ............................
110
12.4 Covenant of Good Faith and Fair Dealing ................................................. ...............................
111
13. PERMITTED DELAYS AND EXTENSION OF TIME OF PERFORMANCE .............................
112
14. ESTOPPEL CERTIFICATES ..:........................................................................ ...............................
114
15. DEFAULT ............................................................................. ............................... ............................116
15.1 Events of Default ....................................................................................... ...............................
116
Amended and Restated Brighton Alberhill DA 101112.doc 1
PC October 16, 2012 Item No. 2
Page 49 of 86
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Amended and Restated Brighton ^|b^rhiou^/w|u.dwo
PC October 10'2012 Item No. 2
Page 50of86
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
(Brighton Alberhill Ranch)
This Amended and Restated Development Agreement ( "Agreement ") is entered
into as of 2012 between the City of Lake Elsinore, a California municipal
corporation ( "City ") and Castle & Cooke Lake Elsinore West, Inc., a California corporation,
successor -in- interest to Brighton Alberhill Associates for Alberhill Ranch Development
( "Developer "). City and Developer are sometimes singularly referred to herein as a "Party" and
are collectively referred to herein as the "Parties."
RECITALS
A. On July 11, 1990, pursuant to City Ordinance No. 890, the City approved
and adopted that certain "DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE
ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES FOR _ ALBERHILL RANCH
DEVELOPMENT," which Agreement was recorded on July 23, 1990 in the Official Records of
Riverside County, California as Instrument No. 269654 (the "1990 Development Agreement').
B. The 1990 Development Agreement, among other things, vests land use
development rights for an approximately 998 acre portion of the project known as Alberhill
Ranch as depicted in Specific Plan No. 89 -2 (the "Alberhill Specific Plan "), including the
development of 2,235 residential units, 2,722,500 square feet of commercial and industrial uses,
open space and related uses.
C. By Resolution No. 91-68 adopted on August 27, 1991 the City approved
Alberhill Specific Plan Amendment No. 1 for the development of an 18 -hole golf course facility,
2,735 dwelling units, 2,722,500 square feet of commercial and industrial uses, open space and
incidental uses. The City concurrently, adopted General Plan Amendment No. 91 -1 ensuring
consistency between the City's 'General Plan and the Alberhill Specific Plan as amended by
Amendment No. 1 thereto.
D. To further ensure consistency among the Alberhill Specific Plan and the
Lake Elsinore General Plan, the City and Brighton Alberhill Associates for Alberhill Ranch
Development ( "Brighton Alberhill Associates ") entered into Amendment No. 1 to the
Development Agreement dated iSeptember 10, 1991 and recorded on October 8, 1991 in the
Official Records of Riverside t`County, California as Instrument No. 348094 (the "First
Amendment "). The 1990 Development Agreement and the First Amendment are collectively
referred to herein as the "Original Development Agreement ".
E. The duration of the Original Development Agreement was 15 -years from
July 23, 1990, the date the Original Development Agreement was recorded.
F. Section 12 of the Original Development Agreement provides for
"Permitted Delays" for such reasons as "moratoria; acts or neglect of City; or unanticipated
restrictions imposed or mandated by other governmental entities," and provides that "the term of
this Agreement will be extended by the period of any such delay."
Amended and Restated Brighton Alberhill DA 101112.doc 1
PC October 16, 2012 Item No. 2
Page 51 of 86
G. The Development Agreement Law (California Government Code Section
65864 et seq.) allows for "tolling" of the term of a development agreement and specifically
provides that: "In the event that state or federal laws or regulations, enacted after a development
agreement has been entered into, prevent or preclude compliance with one or more provisions of
the development agreement, such provisions of the agreement shall be modified or suspended as
may be necessary to comply with such state and federal laws or regulations." (Cal. Gov't Code §
65869.5.)
H. Beginning in 2001, the United States Fish & Wildlife Service ( "USFWS ")
and California Department of Fish & Game ( "CDFG ") began scoping and planning efforts for
the development of the Western Riverside County Multiple Species Habitat Conservation Plan
( "MSHCP ").
I. On January 13, 2004, the City executed the Joint Powers Agreement and the
Implementing Agreement for the MSHCP and, on January 31, 2004, adopted Resolution 2004 -11
adopting procedures and requirements for implementation of the MSHCP. On June 22, 2004,
USFWS issued the MSHCP Incidental Take Permit covering a region of 153,000 acres including
the approximately 998 acres within the Alberhill Specific Plan covered by the Original
Development Agreement.
J. On February 10, 2004, the County of Riverside and Tri- Valley 1, a
California Limited Partnership and successor in interest to Brighton Alberhill Associates, entered
into an Acquisition Agreement and associated Memorandum of Understanding for the purchase
and sale of approximately 598 acres of the Alberhill Specific Plan property for conservation
purposes (the "County Property "). On November 9, 2004, the County, City and Tri- Valley I
entered into an Addendum to the Memorandum of Understanding that acknowledged and ratified
the acquisition of the County Property and established rights and obligations with respect to the
remaining developable portion of the Alberhill Specific Plan property pursuant to the City's
LEAP procedure under the MSHCP (collectively, the Acquisition Agreement, Memorandum of
Understanding, and Addendum are hereinafter referred to as the "Tri- Valley Transaction ").
K. The MSHCP cell criteria and the conservation area acquired through the
Tri- Valley Transaction modify the open space plan and development areas depicted in the
Alberhill Specific Plan and the Original Development Agreement. The County Property
acquired for conservation purposes includes a majority of the area designated for development of
the proposed golf course pursuant to the Original Development Agreement thereby frustrating
the development of the proposed golf course and converting the County Property to passive open
space.
L. In 2006, Developer acquired the approximately 400 remaining
developable acres (the "Developer Property ") within the Alberhill Specific Plan and as successor
in interest assumed all of the rights, title and interest in the Original Development Agreement
and the Tri- Valley Transaction as to the Developer Property.
M. In 2007, the 22.4 acre Alberhill Ranch Community Park was accepted by
the City. Based on provisions of the Alberhill Specific Plan, and the Original Development
Amended and Restated Brighton Alberhill DA 101112.doe 2
PC October 16, 2012 Item No. 2
Page 52 of 86
Agreement, the completion of this park in 2007 provided 10.5 acre Turn -Key Quimby park credit
toward the park requirements required for the Alberhill Ridge Project.
N. City and Developer mutually desire to finalize the boundaries of the
County Property conservation acres and the Developer Property development acres designated
by the Tri- Valley Transaction by way of a lot line adjustment or other entitlement consistent with
the terms and conditions of the Tri- Valley Transaction (the "LLA "). The purpose of the LLA is
to establish a topographically, biologically, and economically superior final boundary between
the County Property conservation area and the approximately 400 acres of developable property
comprising the Developer Property. If and when the LLA is perfected, any land areas within the
LLA shall be deemed part of the Developer Property and shall be subject to this Agreement.
O. In addition to the LLA, site planning and engineering by the Developer for
the development of the remaining approximately 400 acres comprising the Developer Property
covered by the Original Development Agreement was further delayed by the City's processing
and adoption of a General Plan Update ( "GPU "), Climate Action Plan ( "CAP ") and Housing
Element Update ( "HEU ") approved and adopted on December 20, 2011. The GPU, CAP, and
HEU are collectively referred to hereinafter as the "Legislative Approvals.
P. Facing constant downward pressure on pricing from distressed properties
on the resale market and significantly reduced demand due to historic unemployment levels and
limited credit availability outside the control of Developer, development has become
economically challenging in most markets and has stalled the development of the Developer
Property beyond the term of the Original Development Agreement. Based on the foregoing
moratoria, unanticipated restrictions, and resulting delay caused by the confluence of these
factors in the marketplace combined with the formulation and adoption of the MSHCP, the Tri -
Valley Transaction, the LLA and the Legislative Approvals, the duration of the Development
Agreement was effectively tolled and delayed as a matter of law.
Q. Pursuant to the provisions of Section 65869.5 of the Development
Agreement Law and Section 12 of the Original Development Agreement, City and Developer in
good faith mutually desire to enter into this Agreement for the purpose of settling all disputes
between the Parties relating such delays and hereby memorialize a cumulative tolling period of
twelve (12) years from the Date of Agreement to , 2024 to enable full completion of
the development of the Developer Property now known as the "Alberhill Ridge Project" within a
more reasonable schedule to accommodate state, federal, regional, and local permitted delays,
and changes in economic conditions and the housing market.
R. This Agreement is consistent with the City's General Plan, applicable
provisions of the Alberhill Specific Plan, and associated amendments, and other applicable
Existing Land Use Regulations. This Agreement is also consistent with the purpose and intent of
the provisions of the Development Agreement Law and Chapter 19.12 of the City of Lake
Elsinore Municipal Code. References herein to this "Agreement" shall mean the Original
Development Agreement and the First Amendment as modified and restated by this Agreement
with respect to the Developer Property.
Amended and Restated Brighton Alberhill DA 101112.doe 3
PC October 16, 2012 Item No. 2
Page 53 of 86
S. Concurrent with the processing of this Agreement which relates to
permitted delays and the timing and financing of previously - approved elements of the Alberhill
Specific Plan, Developer has prepared Vesting Tentative Tract Map (VTTM) No. 35001 for the
Project known as "Alberhill Ridge" on the Developer Property consisting generally of 1,056
single family residential lots, 44.4 gross acres of mixed commercial, office and residential land
uses within Suburban Village designations providing approximately 345 multi - family residential
units and 1,358,000 square feet of commercial and industrial users, and approximately 48.8 acres
of Turn-Key parks, public benefits, facilities, and infrastructure. Developer has also prepared
Addendum No. 4 to the Alberhill Ranch FIR concluding that the Alberhill Ridge Project will not
have a significant impact on the environment and is consistent with the EIR certified for the
Alberhill Specific Plant and other prior environmental determinations and with the requirements
of CEQA. VTTM No. 35001 depicts a lesser intensity of land uses than permitted by the
Alberhill Specific Plan.
T. After giving appropriate notice, the City Planning Commission held a
public hearing to consider this Agreement on October 16, 2012 and reported and recommended
to the City Council its findings on the matters stated in Section 19.12.080(B) of the City's
Municipal Code.
U. After a duly noticed public hearing the City Council approved this
Agreement pursuant to Ordinance No M mclopted a k : 2012.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the Parties agree as follows:
1. DEFINITIONS
Unless otherwise defined below, capitalized terms used in this Agreement shall have the
meaning set forth below.
"Agreement" means this Amended and Restated Development Agreement made and
entered into by and between the City and the Developer.
"Agreement Date" means the date first written above which is the date this Agreement is
approved by the City Council.
"Alberhill Ridge Project" means the proposed development of the Developer Property
consistent with the Existing Development Plan and generally including approximately 1,401
dwellings and 1,358,000 square feet of commercial and industrial land uses. Additional land uses
include commercial (neighborhood commercial and highway and office commercial), schools,
open space and recreational uses, including a ±38.8 acre Linear Park, a Lake Street Riparian
Corridor, 110.0 acres of public parks and a Quimby park credit for the 10.5 acre portion of the
existing 22.4 acre developed Turn-Key community park located within Alberhill Ranch.
"Alberhill Specific Plan" means Specific Plan No. 89 -2 as amended by Amendment No.
I thereto and as may be amended from time to time by application of the Developer.
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"CEQA" means the California Environmental Quality Act of 1970 (California Public
Resources Code Section 21000 et sea.) and the State CEQA Guidelines (California Code of
Regulations, Title 14, Section 15000 et seq.).
"City" means the City of Lake Elsinore, including its officials, officers, employees,
commissions, committees and boards.
"City Council" means the duly elected City Council of the City of Lake Elsinore.
"Developer" means Castle & Cooke Lake Elsinore West, Inc., a California corporation,
and its successors and assigns.
"Developer Property" means the real property described as such in Exhibit "A" and as
may be modified by the LLA.
"DAG Fee" is defined in Section 9.5(c) hereof.
"Development" means the improvement of the Developer Property for the purposes of
constructing and otherwise effecting the structures, improvements and facilities comprising the
Alberhill Ridge Project as set forth in this Agreement including but not limited to grading, the
construction of infrastructure and public facilities related to the Alberhill Ridge Project (whether
located within or outside the Developer Property), the construction of structures and buildings
and the installation of landscaping consistent with the Alberhill Specific Plan and applicable
Existing Land Use Regulations and Governmental Requirements.
"Development Agreement Law" is defined in Recital G.
"Development Impact Fees" means those fees imposed on development within the City
pursuant to Government Code Section 66000 et seq. and City's Quimby Act Resolution No. 89-
44 and as set forth in Exhibit "C ".
"Effective Date" means that date which is the later to occur of (a) the expiration of the
time for filing a referendum petition relating to this Agreement, if no such petition is filed within
such period, or (b) if a referendum petition is filed within the applicable period and this
Agreement is approved, the date of the certification of the results of the referendum election.
"EIR" means the environmental impact report prepared, approved and certified by the
City Council for the Alberhill Specific Plan in accordance with the provisions of CEQA.
"Existing Development Approvals" means those certain land use entitlements, permits
and approvals (including all conditions of approval thereto) issued, approved and /or certified as
of the Effective Date by the City Council or the City's Planning Commission including the
General Plan Amendment 91 -1, the Legislative Approvals, the Alberhill Specific Plan, EIR and
Addendum No. 4 thereto, VTTM No. 35001, this Agreement, the Water Quality Management
Plan standards as of September 1, 2010 (including Riverside County MS4 Permit and Drainage
Area Management Plan), and the Alberhill Ridge Preliminary Water Quality Management Plan
(PWQMP) report dated October 16, 2012.
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"Existing Development Plan" means the Existing Land Use Regulations and the Existing
Development Approvals.
"Existing Land Use Regulations" means all those land use ordinances, resolutions,
policies, rules and regulations adopted by City in effect on the Effective Date of this Agreement,
including but not limited to those which govern the permitted uses of land, the density and
intensity of use, subdivision codes, exactions, growth management, design improvement and
construction standards and specifications applicable to development of the Developer Property.
"Governmental Requirements" means all applicable federal, state, and local statutes,
laws, ordinances, resolutions, regulations, rules, official policies, judgments, consent decrees,
common law doctrines, licenses, permits, and other governmental authorizations or approvals
governing or relating to the development, construction, and use of any portion of the Developer
Property, including without limitation any fees, charges, conditions, or exactions relating thereto.
"LLA" is defined in Recital M.
"MSHCP" is defined in Recital H.
"Original Development Agreement" is defined in Recital D.
"Subsequent Development Approval(s)" means site specific plans, maps, permits and
other entitlements (including all conditions of approval thereto) to use of every kind or nature
approved or granted by City in connection with the development of Project on the Developer
Property including but not limited to General Plan and Specific Plan amendments, environmental
impact reports, negative declarations, categorical or statutory exemptions, site plans,
development plans, lot line adjustments, tentative and final subdivision tract maps, vesting
tentative maps, parcel maps, conditional and special use permits, grading, encroachment and
building permits, and other similar permits, maps, plans, authorizations, licenses and entitlements
obtained by Developer after the Effective Date.
"Tri- Valley Transaction" is defined in Recital J.
"Turn-Key" means design and construct according to City specifications and subject to
City acceptance.
2. EXHIBITS
The following documents are referred to in this Agreement, attached hereto and
incorporated herein by this reference: The following documents are referred to in this
Agreement, attached hereto and incorporated herein by this reference:
Exhibit Designation Description
A Legal Description of Developer Property
B Schedule of Performance
C Fee Schedule
D Reserved
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3. MUTUAL BENEFITS
This Agreement is entered into for the purpose of carrying out the Existing Development
Plan for the Alberhill Ridge Project in a manner that will insure certain anticipated benefits to
both City and Developer. The Alberhill Ridge Project will require a significant investment by
Developer in public facilities and onsite and offsite improvements. City and Developer agree
that, due to the size and duration of the Alberhill Ridge Project, certain assurances on the part of
each Party will be necessary to achieve those desired benefits.
3.1 Benefits to City.
This Agreement will further the goals and objectives of City's land use planning
policies by eliminating uncertainty in planning for and securing orderly Development of the
Alberhill Ridge Project so that adequate long -term plans regarding the provision of necessary
infrastructure for existing and future City residents can be developed and implemented. The
benefits conferred by Developer herein will facilitate the installation of certain public
improvements and will help increase traffic capacity for the City's road system, enhance
property values, provide for quality residential neighborhoods, provide open space, park and
other amenities and the payment of fees by Developer, all of which will promote the health,
safety and general welfare of existing and future City residents. This Agreement promotes
residential and commercial development which enhances the City's revenue base.
3.2 Benefits to Developer.
Developer has expended and will continue to expend substantial amounts of time
and money on the planning engineering, design and construction of the Alberhill Ridge Project.
In addition, Developer will expend substantial amounts of time and money in constructing public
improvements and facilities and in providing for public services in connection with the Alberhill
Ridge Project and providing the mitigation set forth in the EIR and Addendum No. 4 thereto.
Developer would not make such additional expenditures without this Agreement and such
additional expenditures will be made in reliance upon this Agreement. The benefit to Developer
under this Agreement consists of the assurance permitted by the Development Agreement Law
that Developer will preserve the right to develop the Developer Property in accordance with the
Existing Development Plan, subject to the terms and conditions set forth in this Agreement.
3.3 Proiect Amenities and Consideration.
City and Developer agree that the following amenities and improvements
provided by Developer as part of the planning, financing and construction of the Alberhill Ridge
Project to be completed in accordance with the Existing Development Plan and the terms and
conditions of this Agreement, including the timely completion of such improvements in
accordance with the Schedule of Performance attached hereto as Exhibit `B ", will result in
substantial general public benefit and provide consideration for this Agreement:
• Participation in widening of and installation of regional drainage
improvements for the major Arterial Roadways of Lake Street and Nichols Road.
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• Creation of +38.8 acre Turn -Key Linear Park along Lake Street that
includes Pedestrian Pathways, Utility Access Road, Bike Trails, Water Quality Management
Plan ( "WQMP ") features, and Stream Bed Area (the "Linear Park ").
• Restoration of the Lake Street Drainage Course previously impacted by
mining activity into a Low Flow Streambed with Riparian Habitat (the "Lake Street Riparian
Corridor ").
• Dedication of a Turn -Key +6.9 (gross) acre public park adjacent to the
designated location for a ±14.6 (gross) acres potential school site (the "Neighborhood Park ").
• Dedication of a Tum -Key +3.1 (gross) acre public park site (the
"Trailhead Park ")
• Participation in the implementation of the EVMWD Master Water Plan
with the construction of a +2.8 MG Water Tank on 1.1 acres along with related facilities
including Transmission Pipelines and Booster Pump improvements.
• Participation in the implementation of the EVMWD Master Sewer Plan by
financial participation in the construction of the Alberhill Wastewater Treatment Plant and
related Trunk Sewer Lines.
• Provision for Wildlife Corridors through the Alberhill Ridge Project and
along Nichols Road and Lake Street.
• Dedication of a 2.0 acre site for future Public Fire and /or Police Facilities
and contribution of $1,000,000 for site improvements.
• Project design support and coordination with SCE to provide Right -of-
Way (easements) adjacent to Lake Street and Nichols Road for SCE's 115 KV Power System to
supply redundant power supply to the City.
• Improvements to Nichols Road adjacent to the County Property from the
easterly project boundary of VTTM 35001 to the westerly boundary of VTTM 30836.
4. RESTATEMENT
This Agreement is an amendment and restatement of the Original Development
Agreement with respect to the Developer Property, and shall, upon the Effective Date, replace
and supersede the Original Development Agreement in its entirety.
5. COMPLIANCE WITH LAWS AND GOVERNMENTAL REQUIREMENTS.
5.1 Compliance with Governmental Requirements.
Developer shall carry out the work of developing the Alberhill Ridge Project on
the Developer Property in conformity with all applicable Governmental Requirements; provided,
however, that nothing in this Agreement constitutes a waiver by Developer of its right to
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challenge the validity of any such Governmental Requirements on their face or as applied to
Developer or the Developer Property.
5.2 Project as a Private Undertaking.
It is specifically understood and agreed by and between the Parties hereto that
with the exception of public works and improvements required to be installed by Developer as a
condition of approval to the Existing Development Plan and Subsequent Development
Approvals, the development of the Alberhill Ridge Project is a private and not a public sector
development, that neither party is acting as the agent of the other in any respect hereunder, and
that each party is an independent contracting entity with respect to the terms, covenants and
conditions contained in this Agreement. No partnership, joint venture or other association of any
kind is formed by this Agreement. The only relationship between City and Developer is that of a
government entity regulating the development of private property by the owner of such property.
6. DURATION OF AGREEMENT
Pursuant to Government Code Section 65865.2, the duration of the Development
Agreement was for fifteen (15) calendar years from and after the effective date thereof.
As a result of tolling and permitted delay as a matter of law, the term of this Agreement
shall expire on , 2024. Said term may be extended by the circumstances set forth in
Section 12.
7. DEVELOPMENT OF ALBERHILL RIDGE PROJECT ON DEVELOPER PROPERTY
7.1 Permitted Uses.
The permitted uses of the Developer Property, the density and intensity of use, the
maximum height, bulk and size of the proposed buildings on the Developer Property, the design
standards for such construction, and provisions for reservation or dedication of land for public
purposes are all set forth in the Existing Development Approvals and are incorporated herein by
this reference. During the term of this Agreement, Developer shall have a vested right to develop
the Alberhill Ridge Project in accordance with the terms and conditions of this Agreement, and
in accordance with, and to the extent of the Existing Development Plan, but subject to any
remaining Subsequent Development Approvals required in order to complete the Alberhill Ridge
Project as contemplated by the Existing Development Plan. Except as otherwise specified in this
Agreement, the Existing Development Plan shall control the overall design, development and
construction of the Alberhill Ridge Project and all onsite and off -site improvements and
appurtenances in connection therewith, including, without limitation, all mitigation measures
required in order to minimize or eliminate material adverse environmental impacts. The
permitted uses of the Developer Property, the density and intensity of use, the maximum height
and size of proposed buildings, the provisions for reservation and dedication of land for public
purposes and other terms and conditions of development applicable to the Developer Property
shall be those set forth in the Existing Development Plan.
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7.2 Subsequent Development Approvals.
City further agrees to grant and implement Subsequent Development Approvals for the
Alberhill Ridge Project related to building construction or remodeling confined within the
exterior perimeter of the building footprints identified by the Existing Development Plan. Any
such building construction or remodeling shall be subject to the maximum height and exterior
architectural design specifications set forth in the Alberhill Specific Plan. The aforementioned
subsequent discretionary approvals shall be granted and approved or conditionally approved by
City on a timely basis, provided applications for such approvals are submitted to City during the
term of this Agreement.
This Agreement shall not prevent City from denying or conditionally approving any
Subsequent Development Approvals on the basis of the Existing Land Use Regulations and those
rules and regulations set forth in Section 10.2 of this Agreement. Developer's failure to develop
the Alberhill Ridge Project shall not result in any liability for Developer except as is provided in
this Agreement.
8. PHASING AND TIMING OF DEVELOPMENT
8.1 Timing of Development.
Construction of the Alberhill Ridge Project covered by this Agreement will be
diligently undertaken in accordance with the Existing Development Plan and Subsequent
Development Approvals. City and Developer acknowledge that Developer cannot at this time
accurately predict the time schedule within which the Alberhill Ridge Project will be developed,
except that it will be completed within the aforesaid term. Such decisions with respect to the rate
of Development of the Alberhill Ridge Project will depend upon a number of circumstances not
within the control of Developer, including market factors, demand, the state of the economy, and
other matters. Therefore, so long as the Alberhill Ridge Project is constructed in accordance with
the Existing Development Plan and Subsequent Development Approvals, Developer shall have
the right to construct the Alberhill Ridge Project at the rate and in the sequence deemed
appropriate by Developer within the exercise of its sound business judgment; provided, however,
that Developer shall complete performance of certain obligations within the times set forth in the
Schedule of Performance (Exhibit `B ").
It is Developer's present reasonable expectation that Development of the Alberhill
Ridge Project will be completed within the term of this Agreement. For purposes of this
Agreement, completion of the Alberhill Ridge Project shall mean the date on which a certificate
of occupancy or comparable instrument is issued for the last improvement or structure
constructed pursuant to this Agreement. Following the expiration of the term, this Agreement
shall be deemed terminated and of no further force and effect, provided, however, that such
termination shall not affect any right of Developer arising from Existing and Subsequent
Development Approvals.
8.2 Annual Progress Report.
Developer shall use its best efforts to commence and diligently work to complete
Development of the Alberhill Ridge Project within a commercially reasonable schedule;
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provided, however, Developer shall complete specific components of the Alberhill Ridge Project
not later than the times established therefor in the Schedule of Performance. Annually not later
than December 31, 2013 and each year thereafter following the Effective Date, Developer shall
demonstrate reasonable progress toward the Development of the Alberhill Ridge Project and
shall prepare and submit to the City Manager and the Director of Community Development a
written comprehensive report in order to enable the City to monitor and verify Developer's
progress and the status of the Alberhill Ridge Project. The Annual Progress Report shall include,
without limitation, (i) the financial investment by Developer in the planning, engineering, design
and construction or installation of any and all public and private improvements to be completed
on the Developer Property; (ii) the anticipated schedule for commencement and completion of
such improvements; (iii) the economic and market conditions influencing the timing of
Development; (iv) Developer's marketing efforts for the Alberhill Ridge Project; (v) the status
and progress of the Alberhill Ridge Project in comparison to other Developer projects, including
without limitation, Alberhill Ranch and Alberhill Villages; and (vi) such other information
and /or documentation that the City Manager, the Director of Community Development and /or
the City Council reasonably request or that that Developer deems appropriate.
9. PERIODIC REVIEW
City shall, in accordance with applicable state law, review this Agreement at least
once every twelve (12) months following Developer's submittal of the Annual Progress Reports
from and after the Effective Date. During each such periodic review, City and Developer shall
have the duty to demonstrate their good faith compliance with the terms and conditions of this
Agreement. Both Parties agree to furnish such evidence of good faith compliance as may be
reasonably necessary or required City's failure to review at least annually Developer's
compliance with this Agreement shat l not constitute or be asserted by either Party as a breach of
the other Party.
10. VESTING OF RULES, REGULATIONS AND OFFICIAL, POLICIES
10.1 Existing Land Use Regulations.
Except as otherwise provided in this Agreement, the written rules regulations,
official policies and conditions of approval (as adopted by ordinance, resolution, minute order or
other such official method) governing permitted uses for the Alberhill Ridge Project
development density and intensity of use, design, improvement construction and building
standards occupancy and specifications applicable to the Alberhill Ridge Project and all on -site
and off -site improvements and appurtenances in connection therewith, including without
limitation the conditions of approval shall be the Existing Land Use Regulations.
City and Developer agree that unless this Agreement is amended or terminated
pursuant to its provisions, this Agreement shall be enforceable by any Party hereto
notwithstanding any change hereafter enacted or adopted in any General Plan amendment,
Specific Plan, zoning ordinance, subdivision ordinance, or any other land use ordinances or
building ordinances, resolutions or other rules, regulations or policies of City which change, alter
or amend the rules, regulations and policies applicable to the Development of the Alberhill Ridge
Project as of the Effective Date of this Agreement.
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10.2 Subsequent Actions and Approvals.
In accordance with Government Code Section 65866, this Agreement shall not
prevent City in subsequent actions applicable to the Developer Property from applying the
following new rules, regulations and policies:
(a) Processing fees and charges imposed by City to cover the estimated actual
costs to City of processing applications for development approvals, for monitoring compliance
with any development approvals, or for monitoring compliance with environmental impact
mitigation measures.
(b) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals and any other matter of
procedure.
(c) Regulations governing construction standards and specifications
including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code,
Electrical Code and Fire Code provided that such construction standards and specifications are
applied on a City -wide basis.
(d) Regulations which are not in conflict with the Existing Development Plan
or this Agreement.
(e) Regulations which are in conflict with the Existing Development Plan or
this Agreement if such regulations have been consented to in writing by Developer.
(f) Citywide Development Impact Fees; provided, however, in the event this
Agreement is modified by the City imposition of TUMF fees on the Alberhill Ridge Project, the
Developer has the sole and absolute right to terminate the Agreement.
10.3 Processing.
If necessary or required, upon satisfactory completion by Developer of all
required preliminary actions and payments of appropriate filing and processing fees, if any, City
shall use its best efforts to promptly commence and diligently proceed to complete all steps
required or necessary for the implementation of this Agreement and the Development by
Developer of the Alberhill Ridge Project in accordance with the Existing Development Plan,
including but not limited to the following:
(a) City will use its best efforts to diligently process any and all Subsequent
Development Approvals necessary to begin and complete construction of the Alberhill Ridge
Project.
(b) City shall use its best efforts to schedule, convene and conclude all
required public hearings in a diligent manner consistent with applicable laws and regulations in
force as of the Effective Date.
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(c) Developer agrees to process such permits as may be necessary for its
Linear Park and Lake Street Riparian Corridor plans with the U.S. Army Corps of Engineers,
U.S. Fish and Wildlife Service and California Department of Fish and Game.
Developer will use its best efforts to timely provide City with all documents
applications, plans and other information necessary for City to carry out its obligations hereunder
and cause Developer's planners, engineers and all other consultants to submit in a timely manner
all required materials and documents therefore. It is the express intent of Developer and City to
cooperate and diligently work to implement any Subsequent Development Approvals which are
necessary or desirable in connection with the development of the Alberhill Ridge Project in
substantial conformance with this Agreement.
10.4 Initiatives and Moratoria.
Notwithstanding the provisions of Section 10.2 of this Agreement, in the event an
ordinance resolution or other measure is enacted whether by action of City, by initiative,
referendum or otherwise which relates to the rate, timing or sequencing of the Development or
construction of the Alberhill Ridge Project on all or any part of the Developer Property, City
agrees that such ordinance, resolution or other measure shall not apply to the Alberhill Ridge
Project, the Developer Property, or the Existing Development Approvals to the extent that such
ordinance, resolution or other measure is in conflict with this Agreement, without limiting the
foregoing. City agrees that no moratorium or other limitation (whether or not relating to the rate,
timing or sequencing of Development) affecting subdivision maps, building permits or other
entitlements to use which are approved or to be approved, issued or granted within City, or
portions of City, shall apply to the Alberhill Ridge Project, the Developer Property or the
Existing Development Approvals to the extent it is in conflict with this Agreement. To the
maximum extent permitted by law, City agrees to use its best efforts to prevent any such
ordinance, measure, moratorium or other limitation from invalidating or prevailing over all or
any part of this Agreement, and City agrees to cooperate with Developer in a reasonable manner
in order to keep this Agreement in full force and effect. City shall not support or adopt any
initiative, referendum, moratorium, ordinance, policy or take any other action (including but not
limited to the delay or stoppage of the development, processing or construction of the proposed
project) which would violate the intent of this Agreement. Developer reserves the right to
challenge any such ordinance or other measure in a court of law should it become necessary to
protect the development rights vested in the Alberhill Ridge Project and the Developer Property
pursuant to this Agreement.
10.5 Other Governmental Permits.
In addition, Developer shall apply in a timely manner for such other permits and
approvals as are required by other governmental agencies having jurisdiction over the Alberhill
Ridge Project in connection with the development of, or provision of services to, the Alberhill
Ridge Project. City shall, at no cost to City, cooperate with and use its best efforts to assist
Developer in coordinating the implementation of the Alberhill Ridge Project with such other
governmental agencies and in obtaining permits approvals and services from those agencies as
may be necessary to implement the Alberhill Ridge Project.
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10.6 Subsequent Changes in State or Federal Laws.
In the event that state or federal laws or regulations enacted after the Date of
Agreement prevent or preclude compliance with one or more of the provisions of this
Agreement, such provisions of this Agreement shall be modified or suspended as may be
necessary to comply with such state or federal laws or regulations; provided, however, that this
Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws
or regulations and to the extent such laws or regulations do, not render such remaining provisions
impractical to enforce.
10.7 Life of Subdivision Maps.
In accordance with the provisions of Section 66452.6 of the California
Government Code, tentative subdivision map(s) or tentative parcel map(s), heretofore or
hereafter approved in connection with development of the Alberhill Ridge Project, shall be
granted an extension of time for the term of the Development Agreement or as provided by the
California Subdivision Map Act, which ever period is longer.
10.8 Fees, Conditions and Dedications.
Developer shall make only those dedications and pay only those fees expressly
prescribed in this Agreement, the Existing Development Plan, and Subsequent Development
Approvals, provided that such dedications and fees are imposed on a city -wide basis.
(a) Filing and Processing Fees. Developer shall pay all City processing,
permit and land use application fees for all Subsequent Development Approvals in effect on a
city -wide basis at such time as such Subsequent Development Approval applications are
submitted or Subsequent Development Approval permits are issued.
(b) Development Impact Fees. Except as otherwise provided in the Fee
Schedule attached hereto as Exhibit "C ", Developer shall pay all existing and all future citywide
Development Impact Fees in effect and at the rate in effect at the time each building permit is
issued for the Alberhill Ridge Project.
(c) DAG Fees. In addition to the forgoing, and while this Agreement in
effect, Developer agrees to pay a Development Agreement Fee ( "DAG Fees ") in the amount of
Three Thousand Dollars ($3000) for each residential dwelling unit within the Developer Property
at the time of building permit issuance. City agrees to provide Developer with a periodic
accounting, or upon reasonable request by Developer, setting forth the amount of Development
Agreement Fees levied and collected by City and the specific purposes and /or projects for which
such fees are expended.
(d) Taxing power. Nothing in this Agreement shall prohibit the adoption and
application of a special tax approved by City's voters, provided that such tax is imposed on a
city -wide basis.
(e) Commercial rent control or office condominium conversion. During the
term of this Agreement City shall not impose or enact any ordinance, regulation, fee or condition
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which directly or indirectly controls or otherwise restricts market forces on commercial or
residential rents charged within the Developer Property, or applies directly or indirectly to the
conversion of office or residential rental units to condominiums within the Developer Property.
10.9 Financing of Public Facilities and /or Services.
Developer may elect and City will use its best efforts to establish one or more
community facilities districts (pursuant to the Mello -Roos Community Facilities Act of 1982 as
set forth in Government Code Section 53311 et seq.; "CFD(s) ") and such other assessment,
improvement or maintenance districts as may be appropriate, for the purpose of funding the
planning design, construction and maintenance of public facilities including related fees
(including Development Impact Fees) and the acquisition of land therefore, and /or the provision
of public services for the Alberhill Ridge Project. The Parties expect that bonds, assessments,
liens or other such financing devices would be issued or levied to provide sufficient funds for the
above - mentioned purpose. It is also understood that multiple CFDs may be established over
portions of the Developer Property in order to facilitate the funding of public improvements and
facilities to correspond with the phased development of the Project. The parameters of the
CFD(s) shall be as follows or as otherwise required to meet minimum requirements of California
law, as the same may be amended from time to time: (i) a minimum loan -to -value ratio of 1 to 3;
(ii) a total property tax /assessment payment not to exceed two percent (2%) per year per parcel;
(iii) a debt service coverage ratio not to exceed 1 to 1 (unless adequate credit enhancement is
provided to the reasonable satisfaction of the City); and (iv) an annual escalator on the CFD tax
and debt service of two percent (2 %) per year (and subject to appropriate increases in the special
tax upon defaults by other properties within the CFD). City acknowledges that completion of
proceedings to establish on or more public financing districts as discussed above is important to
provide the Parties with security for performance by Developer of its obligation to commence
and complete construction of major infrastructure.
10.10 Construction of Facilities and Provision of Public Services.
The Alberhill Ridge Project provides for an integrated roadway system, public
facilities including water and sewer facilities, parks, a potential elementary school and storm
drains. The construction and installation of such facilities and infrastructure improvements by
the Developer and the phasing thereof shall be in accordance with the Existing Development
Plan and Subsequent Development Approvals. Construction and installation of infrastructure and
other public improvements shall be phased with the development of the Alberhill Ridge Project
pursuant to the phasing plan contained in the Existing Development Plan. In addition to
constructing and installing the infrastructure improvements necessary for the Project, Developer
shall also participate in and pay Development Impact Fees as set forth in Section 9.5
10.11 Participation in LLMD No. 1, CFD No. 2006 -5 and CFD No. 2007 -1.
Developer shall participate in the following financing districts:
(a) Developer shall create, or annex the Developer Property into Lighting and
Landscape Maintenance District No. I to offset the annual negative fiscal impacts of the project
on public right -of -way for landscaping and street lights in the public right -of -way for which the
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City will pay for maintenance costs, water from Elsinore Valley Municipal Water District, and
electricity and a maintenance fee to Southern California Edison. Developer shall pay to the City
the appropriate non - refundable deposit to cover the cost of the annexation process. The
Developer may propose alternative financing mechanisms to fund the annual maintenance costs,
including the creation of a Mello -Roos Community Facilities District in lieu of annexing into the
existing district.
(b) Developer agrees to annex the Developer Property into the City of Lake
Elsinore Community Facilities District No. 2006 -5 (Park, Open Space and Storm Drain
Maintenance) to offset the annual negative fiscal impacts of the project for public parks, open
space and storm drain for which the City will pay for maintenance costs, water from Elsinore
Valley Municipal Water District, and electricity from Southern California Edison. Developer
shall pay to the City the appropriate non - refundable deposit to cover the cost of the annexation
process. The Developer may propose alternative financing mechanisms to fund the annual
maintenance costs in lieu of annexing into the existing district. Upon City's acceptance of the
Neighborhood Park and the Trailhead Park required to be completed and dedicated pursuant to
this Agreement and the Existing Development Plan, Developer shall make a park maintenance
advance in an amount equal to the City's reasonably estimated costs to maintain the park for a
period of two (2) years from the date of acceptance.
(c) Developer agrees to annex the Developer Property into the City of Lake
Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic
Services) to offset the annual negative fiscal impacts of the project on providing public safety
services. Developer shall pay to the City the appropriate non - refundable deposit to cover the cost
of the annexation process. The Developer may propose alternative financing mechanisms to
fund the annual public safety services costs in lieu of annexing into the existing district.
10.12 Reimbursement Agreements.
To the extent that the infrastructure required by City to be constructed by
Developer is in excess of the needs and demands of the Alberhill Ridge Project and will be
utilized by future developments, City agrees to use its best efforts to cause such future
developments to contribute to the costs of the infrastructure (including but not limited to the
formation of an assessment district) and, from such funds, cause appropriate reimbursement
payment(s), including interest at the legal rate to be made to Developer after first reimbursing the
public financing district to the extent district funds were expended to construct the infrastructure.
11. AMENDMENTS; OPERATING MEMORANDA
11.1 Amendments.
Except as otherwise provided herein, this Agreement may be amended in whole
or in part only by mutual written consent of the parties and in the manner provided by
Government Code Section 65868. Any minor deviation from this Agreement, as discussed below
does not require an amendment to this Agreement.
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11.2 Operating Memoranda.
The Parties acknowledge that Development of the Alberhill Ridge Project may
demonstrate that clarifications to this Agreement and the Existing Land Use Regulations are
appropriate with respect to the details of performance by City and Developer hereunder. To the
extent allowable by law, the Parties shall retain a certain degree of flexibility as provided herein
with respect to all matters, items and provisions covered in general under this Agreement. When
and if the Parties find it necessary or appropriate to make changes, adjustments or clarifications
to such general matters, items or provisions, the Parties shall effectuate such changes,
adjustments or clarifications through operating memoranda the "Operating Memoranda ")
approved by the Parties in writing which reference this Section 11.2 and which, after execution,
shall be attached hereto as an addenda and become a part hereof. Operating Memoranda are not
intended to constitute an amendment to this Agreement but mere ministerial clarifications;
therefore public notices and hearings shall not be required. The City Manager shall be
authorized, upon consultation with, and approval of, the Developer, to determine whether a
requested clarification may be effectuated pursuant to this Section 11.2 or whether the requested
clarification is of such character to constitute an amendment to this Agreement within the
meaning of Section 65868 of the Development Agreement Law which requires compliance with
the provisions of Section 11.1.
Notwithstanding the foregoing, the following matters shall not be considered
administrative changes or amendments, but shall be considered substantive amendments which
shall be reviewed by the Planning Commission and approved by the City Council in accordance
with the provisions of Section 11.1: (a) alteration of the permitted uses of the Developer
Property; (b) increase in the density or intensity of use or the number of lots; (c) increase in the
maximum height and size in permitted buildings; (d) deletion of a requirement for the reservation
or dedication of land for public purposes except for minor boundary adjustments approved by the
City Manager; and (e) any amendment or change requiring a subsequent or supplemental
environmental impact report pursuant to Public Resources Code Section 21166.
12. RELEASE, INDEMNIFICATION, COOPERATION AND COVENANT OF FURTHER
ASSURANCES
12.1 Release Prior Claims.
Developer and City hereby waive, release, and discharge forever each other from
any and all Claims arising out of or in any way connected with the Original Development
Agreement prior to the Agreement Date.
Developer and City are aware of and familiar with the provisions of Section 1542
of the California Civil Code, which provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor."
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To the extent applicable to this Section 11.1 Developer and City hereby waive and
relinquish all rights and benefits which they may have under Section 1542 of the California Civil
Code.
12.2 Indemnification.
Developer shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City of Lake Elsinore, its officials, officers, employees, and agents ( "Indemnified
Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses (including
reasonable attorneys' fees and experts' fees) causes of action, claims, demands, orders,
administrative or judicial proceedings, injunctive relief, judgments, remedial and /or enforcement
actions of any kind (each a "Claim" and collectively "Claims ") arising from or in any way
connected with: (i) injury to or the death of any person, or physical damage to any property,
resulting from any act, omission, condition, or other matter related to or occurring on or about
the Developer Property, regardless of cause, (ii) the approval of this Agreement, (iii) the validity
of any provision or obligation specified in this Agreement; (iv) any Claim arising out of the
approval or issuance of any Development Approval in connection with the Alberhill Ridge
Project, (v) and any Claim arising from the City's determination that the Alberhill Ridge Project
is exempt from payment of TUMF. City shall cooperate in good faith with Developer, at no cost
to City other than City's administrative and overhead cost, in defending such Claims. In the
event of a Claim arising from Developer's exemption or payment of any fees, Developer may, at
Developer's option, choose to voluntarily pay the amount of the disputed fees and upon such
payment, Developer's obligation to defend, indemnify, and hold the Indemnified Parties
harmless from such Claim shall be satisfied in full. The Parties agree that any court action or
proceeding brought by any third party to challenge this Agreement or any Development
Approval required from City or any other governmental entity for development of the Alberhill
Ridge Project shall constitute a permitted delay under Section 12 hereof. Developer and City
shall cooperate in defending any action or proceeding instituted by any third party challenging
the validity of any provision of this Agreement or any action taken or decision made hereunder.
Developer agrees to assume the lead role in the defense of any such action or proceeding so as to
minimize litigation expenses incurred by City, In addition, any court action or proceeding
brought by any third party to challenge this Agreement or any other permit or approval required
from City or any other governmental entity for Development or construction of all or any portion
of the Alberhill Ridge Project covered by this Agreement shall constitute a permitted delay under
Section 12. Notwithstanding the foregoing, the filing of any third party litigation against City
and/or Developer relating to this Agreement or any provision thereof shall not be a reason to
delay or stop the Development, processing or construction of the Alberhill Ridge Project
(including but not limited to the issuance of building permits or certificates of occupancy) unless
the third party obtains a court order preventing the activity. City will not stipulate to the issuance
of any such court order.
12.3 Further Assurances.
Each Party covenants on behalf of itself and its successors and assigns to take all
actions and do all things and to execute with acknowledgments or affidavits if required any and
all documents and writings that may be necessary or proper to achieve the purposes and
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objective of this Agreement. Each Party shall take all necessary measures to see that the
provisions of this Agreement are carried out in full.
12.4 Covenant of Good Faith and Fair Dealine.
Except as may be required by law neither Party shall do anything which shall
have the effect of harming or injuring the right of the other Party to receive the specified and
described benefits of this Agreement; each party shall refrain from doing anything which would
render its performance under this Agreement impossible or impractical; and each Party shall do
everything which this Agreement describes that such party shall do.
13. PERMITTED DELAYS AND EXTENSION OF TIME OF PERFORMANCE
Neither Party shall be deemed to be in default for failure or delay in performance of any
of its obligations under this Agreement if caused by acts of God, earthquake, fire, flood, or other
casualty, wars, riots, terrorism or similar hostilities, civil commotion, riots, strikes, picketing, or
other labor disputes; unavoidable shortage of materials or supplies; litigation, referenda,
initiatives, moratoria, governmental restrictions imposed or mandated by other governmental
entities, enactment of conflicting City, county, state or federal laws or regulations, judicial
decisions, or similar basis for excused performance which is not within the reasonable control of
the Party to be excused. If written notice of such delay is given to either Party within thirty (30)
days of the commencement of such delay, an extension of time for such cause will be granted in
writing for the period of the enforced delay, or longer as may be mutually agreed upon.
Notwithstanding the foregoing, in no event shall Developer be entitled to a permitted delay due
to an inability to obtain financing or proceed with development as a result of general market
conditions, interest rates or other similar circumstances that make development impossible,
commercially impractical or infeasible.
14. ESTOPPEL CERTIFICATES
Either Party may at any time, and from time to time, deliver written notice to the other
Party requesting the other Party certify in writing that to the knowledge of the certifying Party:
(1) this Agreement is in full force and effect and is a binding obligation of the Parties; (2) this
Agreement has not been amended or modified, and, if so amended or modified, to identify the
relevant documents; and (3) no default in the performance of the requesting Party's obligations
under this Agreement exists or, if in default, the nature of any default. A Party receiving a
request hereunder shall execute and return the certificate within thirty (30) days following the
receipt thereof.
15. DEFAULT
15.1 Events of Default.
Subject to any written extension of time by mutual consent of the Parties, and
subject to the provisions of Section 12 regarding permitted delays, the failure of either Party to
perform any material term or provision of this Agreement shall constitute default if such
defaulting Party does not cure such failure within thirty (30) days following written notice of
default from the other Party; provided, however, that if the nature of the default is such that it
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cannot be cured within thirty (30) days, the commencement of a cure within such period and the
diligent prosecution to completion of the cure shall be deemed to be a cure within such period.
Any notice of default given hereunder shall specify in detail the nature of the alleged default and
the manner in which such default may be satisfactorily cured in accordance with the terms and
conditions of this Agreement. During the time periods herein specified for cure of a failure of
performance, the Party charged with such failure of performance shall not be considered to be in
default for purposes of termination of this Agreement, or for purposes of institution of legal
proceedings with respect thereto, or for purposes of issuance of any building or grading permit
with respect to the Alberhill Ridge Project (provided that failure of performance is unrelated to
the entitlement to obtain such permit).
15.2 Remedies; Institution of Legal Action.
Upon the occurrence of default under this section and the expiration of any
applicable cure period, the non - defaulting Party shall have such rights and remedies against the
defaulting party as it may have at law or in equity, including but not limited to the right to
terminate this Agreement.
The rights and remedies of the Parties are cumulative, and the exercise by either
Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same
time or different times, of any other rights or remedies for the same event of default or any other
event of default by the other Party.
Without limiting the generality of the foregoing, neither Developer nor City shall
in any event be entitled to, and each hereby waives, any right to seek consequential damages of
any kind or nature from the other Party arising out of or in connection with this Agreement, and
in connection with such waiver each party is familiar with and hereby waives the provision of §
1542 of the California Civil Code which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME
OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
In addition to any other rights or remedies, either Party may institute legal action
to cure, correct or remedy any default to enforce any covenants or agreements herein or to enjoin
any threatened or attempted violation thereof or to obtain any remedies consistent with the
purpose of this Agreement. Any such legal action shall be brought in the Superior Court for
Riverside County, California. In the event of any such legal action involving or arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable litigation expenses,
attorneys' fees and costs incurred.
15.3 No Waiver.
Failure by a Party to insist upon the strict performance of any of the provisions of
this Agreement by the other Party shall not constitute waiver of such party's right to demand
strict compliance by such other party in the future. All waivers must be in writing to be effective
or binding upon the waiving party, and no waiver shall be implied from any omission by a party
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to take any action with respect to such default. No express written waiver of any default shall
affect any other default, or cover any other period of time except that specified in such express
waiver.
15.4 Effect of Termination.
Termination of this Agreement by one Party due to the other Party's default shall
not affect any right or duty emanating from Existing or Subsequent Development Approvals on
the Alberhill Ridge Project, but the rights duties and obligations of the parties hereunder shall
otherwise cease as of the date of such termination. If City terminates this Agreement because of
Developer's default, City shall retain any and all benefits including money or land received by
City hereunder. If Developer terminates this Agreement because of City's default. Developer
shall be entitled to a return or a refund of all unused benefits and exactions paid, given or
dedicated to City pursuant to this Agreement.
16. APPLICABLE LAW
This Agreement shall be construed and enforced in accordance with the laws of the State
of California.
17. NOTICES
Except as otherwise provided in this Agreement or expressly provided by law, any notice,
approval, consent, waiver, or other communication required or permitted to be given or to be
served upon any Party in connection with this Agreement shall be in writing. Such notice shall
be personally served or sent by first class United States mail, postage prepaid, or by facsimile,
telegram, tested telex, cable, or by registered or by reputable overnight carrier, such as Federal
Express, and such notice shall be deemed given (i) if personally served or sent by overnight
carrier, when delivered to the Party (or the agent of the Party) to whom such notice is addressed,
(ii) if given by facsimile, telegram, telex or cable, when sent, or (iii) if given by mail, three (3)
business days following deposit in the United States mail. Any notice given by facsimile,
telegram, telex, or cable shall be confirmed in writing within two (2) business days after sent.
Such notices shall be addressed to the Party to whom such notice is given at the Party's address
set forth below:
To City: City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92330
Attn: City Manager
COPY to: Barbara Leibold, City Attorney.
Leibold McClendon & Mann PC
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
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To Developer: Castle & Cooke Lake Elsinore West, Inc.
6455 Alberhill Ranch Road
Lake Elsinore, CA 92530
Attn: Mr. M.J. "Tom" Tomlinson
copy to: Miles Law Group, P.C.
3151 Airway Avenue, Suite R -1
Costa Mesa, CA 92626
Attn: Stephen M. Miles, Esq.
18. COVENANTS RUNNING WITH THE LAND
All of the terms, provisions, covenants and obligations contained in this Agreement shall
be binding upon the parties and their respective successors and assigns. and all other persons or
entities acquiring all or any portion of the Developer Property, and shall inure to the benefit of
such parties and their respective successors and assigns, All the provisions of this Agreement
shall be enforceable as equitable servitudes and constitute covenants running with the land
pursuant to applicable law, including but not limited to California Civil Code Section 1468. Each
covenant to do or refrain from doing some act on the Developer Property covered by this
Agreement is for the benefit of such property and is a burden upon such property runs with such
property and is binding upon each party and each successive owner during its ownership of such
property or any portion thereof, and shall benefit each party and its property hereunder, and each
other party succeeding to an interest in such property. Notwithstanding the foregoing, upon the
sale or lease of a dwelling unit or office or commercial or industrial space by Developer to a
member of the public, but not upon the bulk sale thereof to any person or entity for resale to the
public, such residential unit or office, commercial or industrial space shall be automatically
released from the terms, provisions, covenants and obligations of this Agreement without the
necessity of executing or recording any specific instrument of release.
19. RESERVED
20. CONSISTENCY FINDING
By approving and executing this Agreement, City finds that its provisions are consistent
with City's General Plan and with Specific Plan No. 89 -2 the CEQA documentation, and City
further finds and determines that execution of this Agreement is in the best interests of the public
health, safety and general welfare of City's residents, property owners and taxpayers.
21. TERMS OF CONSTRUCTION
21.1 Severability.
If any term, provisions covenant or condition of this Agreement shall be
determined invalid, void or unenforceable by judgment or court order the remainder of this
Agreement shall remain in full force and effect, unless enforcement of this Agreement as so
invalidated would be unreasonable or grossly inequitable under all the circumstances, or would
frustrate the stated purposes of this Agreement.
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21.2 Entire Agreement.
This written Agreement contains all the representations and the entire agreement
between City and Developer. Any prior correspondence, memoranda, agreements, warranties or
representations are superseded in total by this Agreement. This Agreement shall be construed as
a whole according to its common meaning and not strictly for or against any party in order to
achieve the objectives and purposes of the parties hereunder. Whenever required by the context
of this Agreement, the singular shall include the plural and vice versa, and the masculine gender
shall include the feminine or neutered genders. "Shall" is mandatory and "may" is permissive.
21.3 Counterparts.
For convenience, the signatures of the Parties to this Agreement may be executed
and acknowledged on two or more counterparts each of which shall be an original which, when
attached to this Agreement, shall constitute one complete Agreement.
21.4 Time.
Time is of the essence of this Agreement and of each and every term and
condition hereof.
22. EXECUTION
22.1 Authority to Execute.
The person or persons executing this Agreement on behalf of Developer warrant
and represent that they have the authority to execute this Agreement on behalf of their
corporation, partnership or business entity and warrant and represent that they have the authority
to bind Developer to the performance of its obligations hereunder.
22.2 Consent of Other Parties.
Developer may, at its discretion elect to have other holders of legal, equitable or
beneficial interests in the Alberhill Ridge Project, the Developer Property or portions thereof,
acknowledge and consent to the execution and recordation of this Agreement by executing an
appropriate instrument therefore. It is understood by the Parties that the execution of such
document by other holders of legal, equitable, or beneficial interest in the Alberhill Ridge Project
is not a condition precedent to this Agreement.
23. ASSIGNMENT AND NOTICE
Developer shall have the right to assign or transfer all or any portion of its interests rights
or obligations under this Agreement to third parties acquiring an interest or estate, the Developer
Property or portions thereof, including but not limited to purchasers or long -term ground lessees
of individual lots, parcels, or of any of the buildings located within the Alberhill Ridge Project.
Developer shall give prior written notice to the City of its intention to assign or transfer any of its
interest, rights or obligations under this Agreement. Any failure by Developer to provide said
notice shall be curable in accordance with the provisions of Section 15 hereof, The express
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assumption of any of Developer's obligations under this Agreement by its assignee or transferee
shall thereby relieve Developer of any further obligations under this Agreement.
Notwithstanding the foregoing, Developer shall have no obligation whatsoever to provide said
notice when it intends to assign an interest in this Agreement in connection with a conveyance or
transfer to a bank or other financial institution or corporation for financing purposes of an
equitable interest in the Alberhill Ridge Project and /or the Developer Property whether by means
of a deed of trust or other instrument.
24. ENCUMBRANCES AND RELEASES ON REAL PROPERTY
24.1 Discretion to Encumber.
The Parties hereto agree that this Agreement shall not prevent or limit Developer
in any manner, at Developer's sole discretion from encumbering the Developer Property or any
portion of any improvement thereon by any mortgage deed of trust or other security device
securing financing with respect to the Developer Property. City acknowledges that the lenders
providing such financing may require certain modifications and City agrees, upon request from
time to time to meet with Developer and /or representatives of such lenders to negotiate in good
faith any such request for modification. City further agrees that it will not unreasonably withhold
its consent to any such requested modification so long as the modifications do not materially
alter this Agreement.
24.2 Entitlement to Written Notice of Default.
The mortgagee of a mortgage or beneficiary of a deed of trust, and their
successors and assigns or any mortgage or deed of trust encumbering the Developer Property, or
any part thereof which mortgagee, beneficiary successor or assign has requested notice in writing
received by City, shall be entitled to receive written notification from City of any default by
Developer in the performance of Developer's obligations under this Agreement which is not
cured within thirty (30) days.
24.3 Property Subject to Pro Rata Claims.
Any mortgagee who comes into possession of the Developer Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Developer Property, or part thereof, subject to any pro rata claims for
payments or charges against the Developer Property, or part thereof secured by such mortgage
which accrue prior to the time such mortgagee comes into possession of the Developer Property
or part thereof.
24.4 Releases.
City hereby covenants and agrees that upon completion of the public
improvements and payment of all fees required under this Agreement with respect to the
Developer Property, or any portion thereof, City shall execute and deliver to the Riverside
County Recorder appropriate release or releases of further obligations in form and substance
acceptable to the County Recorder or as may otherwise be necessary to effect such release.
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25. HOLD HARMLESS
Developer agrees to and shall hold City, its officers, agents, employees and
representatives harmless from liability for damage or claims for damage for personal injury
including death and claims for property damage which may arise out of the direct or indirect
operation of Developer or those of their contractors, subcontractors, agents, employees or other
persons acting on their behalf which relate to the Alberhill Ridge Project. Developer agrees to
and shall defend City and its officers, agents, employees and representatives from actions for
damages caused or alleged to have been caused by reason of Developer's activities in connection
with the Alberhill Ridge Project. This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by reason of the operations referred
to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans
or specifications or both for the Alberhill Ridge Project.
26. RECORDATION
Pursuant to Government Code Section 65868.5, within ten (10) days of execution of this
Agreement by the Parties, the City Clerk shall record a copy with the Riverside County
Recorder. Thereafter, pursuant to Government Code Section 65868.5, the burdens of the
Agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors
in interest to the Parties to the Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
Dated: 2012 "CITY"
ATTEST:
e
Virginia Bloom, City Clerk
CITY OF LAKE ELSINORE, a California
municipal corporation
C
Brian Tisdale, Mayor
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APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
In
Barbara Leibold, City Attorney
"DEVELOPER"
CASTLE & COOKE LAKE ELSINORE
WEST, INC., a California corporation
By:
Name:
Title:
By:
Name:
Title:
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EXHIBIT "A"
LEGAL DESCRIPTION OF DEVELOPER PROPERTY
[To be Inserted]
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EXHIBIT `B"
SCHEDULE OF PERFORMANCE
Developer shall complete performance of the following actions not later than the dates set forth
herein or sooner at the Developer's discretion and cost.
Date
Action
Within one year of the Date Developer will construct entrance monument and associated
of Agreement landscaping at a value not to exceed $25,000 at or near the
intersection of Temescal Canyon Road and Lake Street
2. Annually not later than
December 31, commencing
December 31, 2013
3. Prior to the recordation of
the Final Tract Map for
Phase 11 as shown on
VTTM No. 35001
4. Prior to issuance of the
250th residential building
permit, but not later than
6/30/21
5. Prior to issuance of the
750th residential building
permit but not later than
6/30/21
6. Prior to issuance of the
750th residential building
permit, but not later than
6/30/21
consistent with City concept plan and specifications
Developer will submit Annual Progress Report
Developer will dedicate a 2.0 acre site for future Public Fire
and/or Police Facilities
Developer to complete construction of Phase One Linear Park
Improvements in accordance with plans and specifications
approved by City and dedicate the 18.4 acres of the 38.8 acre
Turn -Key Linear Park
Developer will deposit $1 million in escrow established by
City to construct future Public Fire and /or Police Facilities
Developer to complete construction of Phase Two Linear
Park Improvements in accordance with plans and
specifications approved by City and dedicate the 20.4 acres of
the 38.8 acre Turn-Key Linear Park
7. Prior to issuance of the 750th Developer to complete construction of Neighborhood Park
residential building permit, Improvements in accordance with plans and specifications
but not later than 6/30/21 approved by City and dedicate the 6.9 acre Turn -Key
Neighborhood Park
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8. Prior to issuance of the 750th
residential building permit,
but not later than 6/30/21
9. Prior to recordation of Final
Tract Map for Phase 12 as
shown on VTTM No. 35001
but not later than 6/30/21
Developer to complete construction of Trailhead Park
Improvements in accordance with plans and specifications
approved by City and dedicate the 3.1 acre Turn -Key
Trailhead Park
Developer will complete construction of the north one half
street improvements in Nichols Road (120' R/W) adjacent to
the County Property from the easterly project boundary of
VTTM 35001 to the westerly boundary of VTTM 30836
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EXHIBIT "C"
FEESCHEDULE
Fees listed are in amounts in effect as of the Date of Agreement and are exemplary only.
Developer shall pay all existing and future citywide Development Impact Fees in such amounts
as are in effect as of the date each building permit in the Alberhill Ridge Project is issued.
FEE DESCRIPTION AMOUNT
Park Capital Improvement Fund (Quimby)
Storm Drain Capital Improvement Fund Fee
Traffic Impact Fee
Single Family Residential
Multi- Family Residential
Commercial
Office
Satisfied by credits pursuant to
Section _ of this Agreement. If
Developer of
to timely satisfy park
completion/dedication requirements,
Developer shall pay Quimby fees in
accordance with Section
$8,635 /acre'(Rice Canyon District)
$1,369 /unit
$'959 /unit
$ 3.84/sq ft of enclosed space as
determined by the City Building &
Safety Division
$ 1.45 /sq ft of enclosed space as
determined by the City Building &
Safety Division
$ 81/s ft of enclose
Riverside County TUMF
Library Capital Improvement Fund Fee
MSHCP (on or before 2/10/14, pursuant
to Tri- Valley Transaction MOU dated 2/4/04)
MSHCP (after 2/1014, pursuant to
Tri - Valley Transaction MOU dated 2/4/04)
Residential, density < 8.0 units per acre
Residential, density 8.1 -14 units per acre
Residential, density > 14.1 units per acre
Commercial /Industrial
Amended and Restated Brighton Alberhill DA 101112.doc EXHIBIT "C"
q ose space as
determined by the City Building &
Safety Division
Exempt pursuant to Original
Development Agreement
$150 /residential unit
$821 /economic development unit
$1,938 /unit
$1,241 /unit
$1,008 /unit
$6,597 /acre
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Fire Facility Impact Fee
Single Family Residential $751 /unit
Multi- Family Residential $612 /unit
Retail $489/1000 sq ft
Office $337/1000 sq ft
Industrial $159/1000 sq ft
Public Building Impact Fees
City Hall
Single Family Residential $809 /unit
Multi- Family Residential (2 -4) $696 /unit
Single Family Residential (5 +) $404 /unit
Community Centers
Single Family Residential $545 /unit
Multi- Family Residential (2 -4) $469 /unit
Single Family Residential (5 +) $272 /unit
Marina Facilities
Single Family Residential $779 /unit
Multi - Family Residential (2 -4) $671 /unit
Single Family Residential (5 +) $389 /unit
Animal Shelter
Single Family Residential $348 /unit
Multi- Family Residential (2 -4) $299 /unit
Single Family Residential (5 +) $174 /unit
Kangaroo Rat Fee, if applicable $500 /acre
Development Agreement ( "DAG ") Fees $3000 /residential unit
Amended and Restated Brighton Alberhill DA 101112.doe EXHIBIT "C"
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EXHIBIT "D"
RESERVED
Amended and Restated Brighton Alberhill DA 101112.doc EXHIBIT "D"
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