HomeMy WebLinkAboutOrd. No. 2017-1368 Sports FacilityORDINANCE NO. 2017 -1368
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2016 -01 FOR AN
APPROXIMATELY 520,000 SQUARE FOOT INDOOR COMMERCIAL SPORTS
FACILITY ON 23.12 ACRES OF DISTURBED VACANT LAND
Whereas, Stephen Harrison, on behalf of the LE Diamond Sports Center (Applicant), has
requested approval of Development Agreement 2016 -01 (Exhibit A) for an approximately
520,000 square foot indoor commercial sports facility on 23.12 acres of disturbed vacant land.
The Project site is located adjacent to and north of the Lake Elsinore Storm baseball stadium,
east of the Lake Elsinore /San Jacinto River Inlet, west of Diamond Drive and south of Lakeshore
Drive. The Assessor Parcel Numbers of the site are 373 - 210 - 037 -8, 373 - 210 - 038 -9, 373 -210-
039-0, 373 - 210- 043 -3, 363- 150- 006 -2, 363- 161- 029 -7, 363- 161- 030 -7, 363- 161- 031 -8, 363-
161- 032 -9, 363- 161 - 033 -0, 363- 161 -034 -1 and 363- 161 - 035 -2; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 19.12 (Development
Agreements) the Planning Commission (Commission) has been delegated with the
responsibility of reviewing and making a recommendation to the City Council whether the
development agreement is consistent with the City's General Plan and whether to approve the
development agreement; and,
Whereas, on February 7, at a duly noticed Public Hearing, the Commission considered evidence
presented by the Community Development Department and other interested parties with respect
to this item and adopted Resolution 2017 -13 recommending that the City Council approve
Development Agreement 2016 -01; and,
Whereas, pursuant to LEMC Chapter 19.12 the Council of the City of Lake Elsinore (Council)
has the responsibility of making decisions to approve, modify or disapprove recommendations
of the Commission for development agreements; and,
Whereas, on February 14, at a duly noticed Public Hearing, the City Council has considered
evidence presented by the Community Development Department and other interested parties
with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES
ORDAIN AS FOLLOWS:
Section 1. On October 18, 2016, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and other
City departments, property owners, residents and other interested parties and such other
matters as are reflected in the record of the noticed public hearing on the Project, the
Commission adopted Resolution No. 2016 -71 finding and determining that Addendum 1 to the
Diamond Specific Plan Environment Impact Report (EIR) (SCH 2009031084) is adequate and
prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA), including a determination that Elsinore Valley Municipal Water District (EVMWD) has
sufficient water supply available to meet projected water demands for the Project and that
additional capacity would remain.
Section 2. On October 25, 2016, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and other
City departments, property owners, residents and other interested parties and such other
matters as are reflected in the record of the noticed Public Hearing on the Project, the Council
adopted Resolution No. 2016 -127 finding and determining that that Addendum 1 to the Diamond
CC Ord. No. 2017 -1368
Page 2 of 3
Specific Plan EIR (SCH 2009031084) is adequate and prepared in accordance with the
requirements of the CEQA, including a determination that EVMWD has sufficient water supply
available to meet projected water demands for the Project and that additional capacity would
remain.
Section 3. That in accordance with California Planning and Zoning Law and the LEMC Chapter
19.12, the City Council makes the following findings regarding Development Agreement No.
2016 -01:
1. It is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan; and,
The proposed Development Agreement will facilitate the development of a large regional Sports
Complex Facility. The proposed facility is located in the Specific Plan General Plan Land use
designation and is located within the Ballpark District planning district. The Ballpark planning
district calls for an emphasis on mixed use entertainment, commercial, and residential uses.
Goal 1 implementation program asserts the City shall support land use applications consistent
with the Specific Plan. The use is permitted subject to the approval of a Conditional Use Permit.
Further, the proposed project is consistent with all development standards identified in the
Diamond Specific Plan Amendment No. 1. In addition, the proposed facility proposes an
entertainment oriented development which emphasizes the contemporary theme of the adjacent
Lake Elsinore Storm baseball stadium.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is located; and,
The proposed Development Agreement will facilitate the development of a large sports complex
facility. The project is located in the Diamond Specific Plan Amendment No. 1 and is located in
the Mixed Use district. The Mixed Use District specifies the use of a Sports Arena is a permitted
use subject to the approval of a Conditional Use Permit, which was previously approved by the
City Council on October 25, 2016. At the time of the approval the project was found to be
consistent with uses authorized in the Diamond Specific Plan.
3. It is in conformity with public convenience, general welfare and good land use practices; and,
The approved Sports Complex development which will be facilitated through the proposed
Development Agreement was found to be a high value development which will have beneficial
impacts to the surrounding community. Furthermore, the approved Addendum 1 to the Diamond
Specific Plan Environmental Impact Report (EIR) (SCH 2009031084) identified adverse impacts
and mitigation to reduce these impacts to levels of less than significant.
4. It will not be detrimental to the health, safety and general welfare; and,
The proposed Development Agreement will facilitated the development a large regional sports
complex. The previously approved sports complex was found not to be detrimental to the health,
safety and general welfare.
5. It will not adversely affect the orderly development of property or the preservation of property
values; and,
The proposed Development Agreement will facilitated the development a large regional sports
complex. The previously approved sports complex was found not to adversely affect the orderly
development of property or the preservation of property values.
CC Ord. No. 2017 -1368
Page 3 of 3
6. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreement includes all mandatory provisions required by
Government Code § 65865.2 and does not include any provisions that are not authorized by the
Development Agreement Act.
Section 4. Based upon the evidence presented, the above findings, the City Council approves
Development Agreement 2016 -01.
Section 5. If any provision of this Ordinance or its application is held invalid by a court of
competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications
of the Resolution which can be given effect without the invalid provision or application, and to
this end each phrase, section, sentence, or word is declared to be severable.
Section 6. This Ordinance shall take effect thirty (30) days after the date of its final passage or
such later date as may be designated by the City Council. The City Clerk shall certify as to
adoption of this Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
PASSED and ADOPTED at the Regular meeting of the City C uncil of the City of Lake Elsinore,
California, on the 28t" day of February, 2017.
l
obert E. Magee ayor
Attest:.. �
Susan- omen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017 -1368 was introduced at the Regular meeting of February 14,
2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of
February 28, 2017, by the following vote:
AYES: Council Members Manos and Tisdale;
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
Mayor Pro Tern Johnson and Mayor Magee
x
Susan M. Domen, MMC
City Clerk
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City of Lake Elsinore )
130 South Main Street )
Lake Elsinore, California 92530 )
Attention: City Clerk )
(Space above for Recorder's use.)
(Exempt from Recording Fees Per Govt Code §27383.)
DEVELOPMENT AGREEMENT
by and between
CITY OF LAKE ELSINORE
and
LE DIAMOND HOLDINGS, LLC
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TABLE OF CONTENTS
1. DEFINITIONS .................. ...............................
Page
3
2. PURPOSE AND ANALYSIS .............................................................. ..............................ti
2.1. Vested Right in Existing Land Use Regulations ................................ ..............................5
2.2. Agreement Does Not Authorize Development ................................... ..............................5
2.3. No Significant Environmental Impact ............................................... ..............................5
3. RULES, REGULATIONS AND OFFICIAL POLICIES GOVERNING
DEVELOPMENT................................................................................ ..............................6
3.1. Existing Land Use Regulations ........................................................... ..............................6
3.2. New Rules ............................................................................................. ..............................6
3.2.1. Procedural Regulations ........................................................... ..............................6
3.2.2. Regulations Governing Construction Standards .................. ..............................6
3.2.3. Non - Conflicting Regulations...... ............................................. ..............................6
3.2.4. Certain Conflicting Regulations ............................................. ..............................7
3.2.5. Regulations Needed to Protect the Health and Safety .......... ..............................7
3.3. Regulation by Other Public Agencies ................................................ ..............................7
3.4. State and Federal Laws ....................................................................... ..............................7
3.5. Police Power and Taxing Power ......................................................... ..............................7
4. FEES AND FINANCIAL RESPONSIBILITY ................................. ..............................7
4.1. Existing Development Fees .................................................................. ..............................7
4.2. Deferred Development Impact Fees ................................................... ..............................8
4.3. Allocation of Project TIF ..................................................................... ..............................8
4.4. Financial Responsibility ...................................................................... ..............................8
5. DURATION OF AGREEMENT ........................................................ ..............................8
5.1. Term ...................................................................................................... ..............................8
5.2. Timing of Development ....................................................................... ..............................4
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5.3.
Periodic Review .................................................................................... ..............................9
6.
OPERATING MEMORANDA AND AMENDMENTS .................. ..............................9
6.1.
Operating Memoranda ........................................................................ ..............................9
6.2.
Amendment ......................................................................................... .............................10
7.
COOPERATION AND COVENANT OF FURTHER ASSURANCES .....................
10
7.1.
Third Party Actions ............................................................................ .............................10
7.2.
Further Assurances ............................................................................. .............................10
7.3.
Covenant of Good Faith and Fair Dealing ....................................... .............................10
8.
PERMITTED DELAYS ..................................................................... .............................11
9.
ESTOPPEL CERTIFICATES ........................................................... .............................11
10.
RECORDATION BY CITY CLERK ............................................... .............................11
11.
DEFAULT ........................................................................................... .............................11
11.1.
Events of Default ................................................................................. .............................11
11.2.
Remedies .............................................................................................. .............................12
11.3.
No Waiver ............................................................................................ .............................12
11.4.
Effect of Termination ......................................................................... .............................12
12.
INCORPORATION BY REFERENCE ........................................... .............................12
12.1.
Recitals ................................................................................................. .............................12
12.2.
Exhibits.....,... — .................................................................................................................
12
13.
APPLICABLE LAW .......................................................................... .............................12
14.
NO JOINT VENTURE, PARTNERSHIP OR THIRD PARTY BENEFICIARY....
12
15.
COVENANTS RUNNING WITH THE LAND ............................... .............................13
16.
CONSISTENCY FINDING ............................................................... .............................13
17.
TERMS AND CONSTRUCTION ..................................................... .............................13
17.1.
Severability .......................................................................................... .............................13
17.2.
Entire Agreement ................................................................................ .............................13
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it
17.3. Signature Pages ................................................................................... .............................13
17.4. Time ...................................................................................................... .............................14
17.5. Notices .................................................................................................. .............................14
18. CONSENT OF OTHER PARTIES ................................................... .............................14
19. ASSIGNMENT AND NOTICE ......................................................... .............................15
19.1. Assignment ( General) ......................................................................... .............................15
19.2. Requirements of Notice, Consent .................................................... ............................... 15
19.3. Assignment to Affiliate as a Matter of Right ................................... ............................... 5
20. ENCUMBRANCES AND RELEASES ON REAL PROPERTY ... .............................15
20.1.
Discretion to Encumber ...................................................................... .............................15
20.2.
Entitlement to Written Notice of Default .......................................... .............................16
20.3.
Property Subject to Pro Rata Claims ................................................ .............................16
21.
CONSTRUCTION, NUMBER AND GENDER .............................. .............................16
22.
INSTITUTION OF LEGAL ACTION ............................................. .............................16
23.
INDEMNIFICATION ........................................................................ .............................16
24.
RIGHT OF ENTRY /ENCROACHMENT PERMITS.......... .......... .............................17
25.
PROCESSING OF APPLICATIONS AND PERMITS .................. .............................17
26. FINANCING OF IMPROVEMENTS .............................................. .............................17
26.1. Potential Improvements Financing District ..................................... .............................17
26.2. Maintenance Financing District ........................................................ .............................17
Attachment No. I .................................... ............................... Legal Description of the Property
Attachment No. 2 ... ............................... ..........................Title Report Exhibit Land Ownership
Attachment No. 3 .................... ............................... Selected Analysis of Estimated Permit Fees
Attachment No. 4 .................................................... ............................... Financial Responsibility
Attachment No. 5 ..................................................... ............................... Conditions of Approval
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iii
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF LAKE ELSINORE AND LE DIAMOND HOLDINGS, LLC
This Development Agreement ( "Agreement ") dated for identification purposes only as of
, 2017 ( "Date of Agreement ") is entered into by and between the City of Lake Elsinore,
California, a municipal corporation ( "City ") and LE DIAMOND HOLDINGS, LLC, a
California limited liability company ( "Vested Party "). The City and the Vested Party are
hereinafter sometimes referred to individually as a "Party" and collectively as "Parties."
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk of development, the legislature of the
State of California adopted the "Development Agreement Act," Government Code Sections
65864 through 65869.5. The Development Agreement Act authorizes the City to enter into an
agreement with any person having a legal or equitable interest in real property regarding the
future development of such property.
B. Pursuant to the Development Agreement Act, the City adopted Ordinance No.
996 establishing procedures and requirements for consideration of development agreements as
set forth in Lake Elsinore Municipal Code Chapter 19.12 (the "Development Agreement
Ordinance "),
C. JIC -CP Diamond Development, LLC, a California limited liability company
( "JIC -CP "), is the current fee owner of approximately twenty -three (23) acres consisting of nine
(9) parcels of unimproved land generally located north of Pete Lehr Drive and west of Diamond
Drive within the Diamond Specific Plan in the City of Lake Elsinore, California (collectively, the
"JIC -CP Property ") more particularly described in the LEGAL DESCRIPTION attached hereto
as Attachment No. 1 and incorporated by this reference herein.
D. Subsequent to the execution of this Agreement, Vested Party will be acquiring fee
ownership of the JIC -CP Property.
E. The parcels of land comprising the JIC -CP Property, as well as other parcels of
land in the JIC -CP Property's vicinity, are legally described and depicted in the "TITLE
REPORT EXHIBIT LAND OWNERSHIP" attached hereto as Attachment No. 2 and
incorporated by this reference herein. The JIC -CP Property is identified in Attachment No. 2, as
is property presently owned by the City, to wit, a portion of Campbell Road and the land located
at the corner of Diamond Drive and Pete Lehr Drive (the "City Parcels "), color -coded yellow and
green, respectively. By Resolution No. 2016 -122, the City Council approved the sale of the City
Parcel to JIC -CP Diamond Development, LLC for the Project. Subsequent to execution of this
Agreement, a remnant portion of the current Diamond Drive, generally located at the northwest
corner of Pete Lehr Drive and Diamond Drive (the "Corner ") and extending to the north, will be
identified as a new parcel, and be vacated and conveyed to JIC -CP, Vested Party or an Affiliate,
to be integrated as part of the Project site (the "City Vacation Parcel "). Said conveyance shall
LE DIAMOND HOLDINGS DA - 022817
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occur concurrent with recordation of Final Parcel Map 37149, which will realign Diamond Drive
in a manner consistent with the approved preferred alignment. The City Vacation Parcel includes
the Corner, as realigned and defined by Final Parcel Map 37149, and extends north between
Parcel J to the west, and Parcels A through and including F, and a portion of Parcel G to the east.
In the aggregate, the JIC -CP Property, the City Parcel, and the City Vacation Parcel comprise the
property that will be owned by JIC -CP, Vested Party or an Affiliate, and is subject to this
Agreement (the "Property ").
F. Vested Party wishes to develop a multi -use sports complex facility ( "Project ") on
the Property and has obtained the following Land Use Entitlements from the City: (i) Tentative
Parcel Map 37149, (ii) Conditional Use Permit 2016 -02 and Commercial Design Review 2016-
02. The City Council has determined that the Project is consistent with the sports - themed
development encouraged in the City's General Plan and the Diamond Specific Plan and would
generate significant economic benefits to the City, including without limitation, creation of new
jobs, generation of increased sales taxes and increased name recognition and status.
G. The proposed Project requires significant financial investment by Vested Party
and in order to bring certainty and stability to the City's regulations applicable to the processing
of the Land Use Entitlements and future Development of the Property, the Vested Party and the
City intend to vest the General Plan, the Specific Plan and Existing Land Use Regulations.
H. On February 7, 2017, the City of Lake Elsinore Planning Commission held a duly
noticed public hearing to consider Vested Party's application for this Agreement and
recommended to the City Council approval of this Agreement.
I. On February 14, 2017, the City Council held a duly noticed public hearing to
consider this Agreement and found and determined that (a) this Agreement is compatible with
the orderly development of the Property and the surrounding area; (b) this Agreement will have
an overall positive effect on the health, safety and welfare of the residents of and visitors to the
City; (c) this Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Development Agreement Act and Development Agreement Ordinance; (d)
this Agreement is entered into pursuant to and in compliance with the requirements of the
Development Agreement Act and the Development Agreement Ordinance; and did therefore, in
approving this Agreement introduce for first reading Ordinance No. _ (the "Enabling
Ordinance "). On February 28, 2017 the City Council conducted the second reading of the
Enabling Ordinance thereby approving this Agreement, to become effective thirty (30) days after
the adoption thereof (i.e., effective on March 30, 2016).
J. This Development Agreement has been processed, considered and executed in
accordance with the Development Agreement Act and the Development Agreement Ordinance.
The foregoing true and correct Recitals constitute a substantive part of this Agreement, and the
Parties have materially relied upon them as such in their respective determinations to execute this
Agreement.
LE DIAMOND HOLDINGS DA - 022817
2
DEFINITIONS.
All initially - capitalized words, terms, and phrases used, but not otherwise defined,
in the Recitals and this Agreement shall have the meanings assigned to them in this Section 1,
unless the context clearly indicates otherwise.
1.1. "Affiliate" means (i) JIC -CP, RJ LEDSC Management, LLC, a California
limited liability company, LE Diamond Holding Company, LLC, a Delaware limited liability,
company, LE Diamond Sports Park, LLC, a California limited liability company, and LE
Diamond Sports Center, LLC, a California limited liability company (each an "Enumerated
Entity," (ii) any limited liability company named after the Date of Agreement, via filing with the
Secretary of State of the State of California by Vested Party or an Enumerated Entity, of an
"LLC -2," i.e., an "Amendment to Articles of Organization of a Limited Liability Company
(LLC)," (a "Renamed Entity "), (iii) any member or manager of, or investor in Vested Party, any
Enumerated Entity, and /or a Renamed Entity, (iv) any legal entity, unformed as of the time of
this Agreement's execution, that includes Vested Party, an Enumerated Entity, or any Renamed
Entity, as a member or manager thereof, or an investor therein, and /or (v) any person or entity
that individually or collectively, directly or indirectly, controls, is controlled by, or is under
common control with Vested Party, an Enumerated Entity, and /or a Renamed Entity.
1.2. "Agreement" means this Development Agreement.
1.3. "CEQA" means the California Environmental Quality Act, Public
Resources Code Section 21000, et seq. and the implementing regulations promulgated
thereunder as the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et
seq.) and the City's local guidelines.
1.4. "City" means the City of Lake Elsinore, a municipal corporation.
1.5. "City Council" means the duly elected City Council of the City.
1.6. "Development" means grading, construction and /or installation of public
improvements, infrastructure and facilities related to the Project (whether located within or
outside the Property) and the construction and /or installation of private improvements, structures,
buildings and facilities and the installation of landscaping.
1.7. "Development Agreement Act" is defined in Recital A of this Agreement.
1.8. "Development Agreement Ordinance" is defined in Recital B of this
Agreement.
1.9. "Diamond Specific Plan" means that certain specific plan adopted
pursuant to California Government Code Section 65450 et seq. and LEMC Chapter 17.204 by
the City Council by Ordinance No. CC- 2010 -1278 on June 22, 2010 and Amendment No. 1
thereto adopted by the City Council by Ordinance No. 2015 -1340 on June 9, 2015.
1.10. "Effective Date" means the date the Enabling Ordinance approving this
Agreement becomes effective which is 30 days after the Date of Agreement first entered above.
1.11. "Existing Development Fees" means any Land Use Entitlement
application and permit processing fees and charges, development impact fees, linkage fees, or
LE DIAMOND HOLDINGS DA - 022817
exactions or other similar impact fees or charges (whether collected as a condition to issuance of
grading and /or building permits, or otherwise) imposed by the City on and in connection with
new development pursuant to the Existing Land Use Regulations and set forth in Attachment No.
3, the "Selected Analysis of Estimated Permit Fees" attached to this Agreement and incorporated
by this reference herein.
1.12. "Existing Land Use Regulations" means all ordinances, resolutions, codes,
rules, regulations and official policies of the City governing the development and use of land in
effect on the Effective Date, including, without limitation, the Development Agreement
Ordinance, the City's General Plan, the Diamond Specific Plan, Tentative Parcel Map 37149,
Conditional Use Permit 2016 -02 and Commercial Design Review 2016 -02 and /or any other
ordinance, resolution or Land Use Entitlement governing the permitted use of land, the Existing
Development Fees imposed by the City and reflected in Attachment No. 3, the density or
intensity of use, subdivision requirements, the maximum height and size of proposed buildings,
the provisions for reservation or dedication of land for public purposes (including without
limitation the action taken by the City in Resolution No. 2016 -137 approving Tentative Parcel
Map 37253, adopted on December 13, 2016 and providing for the dedication of that portion of
Diamond Drive owned by "CIVIC PARTNERS IDAHO, LLC," reflected on Attachment No. 2
as a portion of the parcel of land color coded orange) the granting of encroachment permits and
the conveyance of rights and interests that provide for the use of or the entry upon public
property, and the design, improvement and construction standards and specifications applicable
to the processing of Land Use Entitlements and Development of the Property.
1.13. "Land Use Entitlements" means Tentative Parcel Map 37149, Conditional
Use Permit 2016 -02, Commercial Design Review 2016 -02 and all other future land use and
development entitlements and approvals applied for by the Vested Party and approved by the
City, including without limitation variances, design review, review of building, landscaping or
signage plans, subdivision or tract maps, conditional use permits and building permits and
certificates of occupancy subject to and including all conditions of approval and any mitigation
measures identified and adopted pursuant to the Existing Land Use Regulations and applicable
CEQA review, if any, in accordance with the terms of this Agreement.
1.14. "LEMC" means the Lake Elsinore Municipal Code.
1.15. "Project" means the Development of the proposed multi -use sports
complex facility on the Property pursuant to the Land Use Entitlements.
1.16. "Project- Related Improvements" means public improvements located in
proximity to, and designed and constructed in connection with the Project to be completed by
Vested Party in accordance with the Conditions of Approval attached hereto as Attachment No. 5
and incorporated herein by reference.
1.17. "Property" means the real property which is the subject of this Agreement
and which is described in Recitals C and E, and more particularly described in Attachment No. 1
and Attachment No. 2.
1.18. "Term" is defined in Section 5.1 of this Agreement.
LE DIAMOND HOLDINGS DA - 022817
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1.19. "Vested Party" means LE Diamond Holdings, LLC, a California limited
liability company, and its successors in interest to all or any part of the Property, and /or to any of
the rights and obligations hereunder.
2. PURPOSE AND ANALYSIS.
2.1. Vested Right in Existing, Land Use Reglilations.
The City has determined that the proposed Project is of a high quality and
would provide significant public benefits to the City and its residents, businesses and visitors and
that entry into this Agreement will further the goals and objectives of the City's land use
planning policies, by encouraging sports - themed Development of the Property in accordance
with the Existing Land Use Regulations and eliminating uncertainty in the planning, entitlement
and Development processes.
In exchange for the Project benefits to the City and its residents,
businesses and visitors, the Vested Party wishes to receive the assurances permitted by the
Development Agreement Act and the Development Agreement Ordinance such that the Vested
Party will be deemed to have a vested interest in the applicability of the Existing Land Use
Regulations to the Development and implementation of the Project and each portion thereof. As
such, the Vested Party, if it chooses, may proceed to develop the Property in accordance with the
Existing Land Use Regulations, with certainty that Vested Party will have the ability to
expeditiously and economically complete the Project.
2.2. Agreement Does Not Authorize Development.
The Parties agree and acknowledge that this Agreement itself does not
authorize Vested Party to undertake any Development of the Property and that before any
Development activity can occur (a) the Vested Party must have submitted all necessary
applications for all Land Use Entitlements and (b) the City must have approved such Land Use
Entitlement applications pursuant to the Existing Land Use Regulations, including undertaking
whatever environmental documentation the City determines is required pursuant to CEQA.
This Agreement does not require the City to approve any Land Use
Entitlement, but only obligates the City to process all Land Use Entitlement applications
submitted by Vested Party during the Term of this Agreement pursuant to the Existing Land Use
Regulations, including without limitation consistency with Attachment No. 3 described below in
Sections 4.1 and 4.2. Consequently, the City may approve, conditionally approve or deny such
Land Use Entitlement applications on the basis of the Existing Land Use Regulations. Upon
approval by City of any of the Land Use Entitlements, as they may be amended from time to
time, such Land Use Entitlements shall become part of the Existing Land Use Regulations, and
the Vested Party shall have a "vested right," as that term is defined under California law, in and
to such Land Use Entitlements by virtue of this Agreement.
2.3. No Significant Environmental Impact.
The environmental documentation prepared and adopted /approved by the
City, as lead agency, for the Diamond Specific Plan pursuant to CEQA adequately addresses the
potential environmental impacts under this Agreement. In particular, there are no substantial
changes to the Property or the circumstances under which the Property is to be regulated and
LE DIAMOND HOLDINGS DA - 022817
5
developed under this Agreement when viewed against the Existing Land Use Regulations,
including the Diamond Specific Plan, and there is no new information of substantial importance
which would require preparation of another CEQA document pursuant to CEQA Guidelines
Section 15162. The vesting of the Existing Land Use Regulations, including the General Plan
and Diamond Specific Plan through this Agreement is exempt from the requirements of CEQA
pursuant to CEQA Guidelines Section 15061(b)(3) because there is no possibility that this
Agreement will have any significant direct, indirect, or cumulative environmental impacts apart
from or beyond those already analyzed, addressed, and mitigated as stated in the environmental
documentation prepared and adopted /approved for the Diamond Specific Plan pursuant to CEQA.
3. RULES REGULATIONS AND OFFICIAL POLICIES GOVERNING
DEVELOPMENT.
3.1. Existing l "'Ind tJsc 1�egulations.
During the Term of this Agreement, Vested Party shall have a vested right
to pursue Development of the Property in accordance with the Existing Land Use Regulations
and the City shall have authority over the Development of the Property in accordance with the
Existing Land Use Regulations. "Existing Land Use Regulations" as defined in Section 1.11 of
this Agreement does not include any City ordinance, resolution, code, rule regulation or official
policy, governing: (a) the conduct of business, professions and occupations and the issuance of
business licenses; (b) taxes and assessments; or (c) the control and abatement of nuisances.
3.2. New Rules.
Although Existing Land Use Regulations will govern uses of the Property
and any potential Development of the Property, this Agreement will not prevent the City from
applying the following new rules, regulations and policies.
3.2.1. Procedural Regulations.
Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any
other matter of procedure.
3.2.2. Regulations Governing Construction Standards.
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.
3.2.3. Non- Conflicun Re ulations.
Written regulations approved by the City that are not in material
conflict with the Existing Land Use Regulations and do not materially and adversely impact the
Development of the Property.
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3.2.4. Certain Conflicting Regulations.
Written regulations approved by the City that are in material
conflict with the Existing Land Use Regulations only if Vested Party has given its written
consent to the application of such regulations to development of the Property.
3.2.5. Re ulations Needed to Protect the Health and Safety.
Regulations which are in conflict with the Existing Land Use
Regulations if the City determines that enforcement is reasonably necessary to protect City
residents, businesses and visitors from conditions dangerous to their health, safety or both.
3.3. Rep gulation by Other Public Agencies.
The Parties acknowledge that other public agencies, not within the control
of the City, possess authority to regulate aspects of the Development of the Project and the
Property separately from the City. This Agreement does not limit the authority of such other
public agencies.
3.4. State and Federal Laws.
If State or Federal laws or regulations enacted after the Effective Date
hereof, prevent or preclude compliance with one or more of the provisions of this Agreement,
such provisions of this Agreement will be modified or suspended as may be necessary to comply
with such State or Federal laws or regulations; provided, however that this Agreement will
remain in full force and effect to the extent it is not inconsistent with such State or Federal laws
or regulations and to the extent such laws or regulations do not render such remaining provisions
impractical to enforce.
3.5. Police Power and Taxinp, Power.
The City will not impose, or enact any additional conditions, exactions,
dedications, fees or regulations through the exercise of either the police power or the taxing
power with respect to the Development of the Property except as provided in the Existing Land
Use Regulations or except as provided in this Agreement. Nothing stated in Section 3.2.5 above
shall limit the applicability of this Section 3.5.
4, FEES AND FINANCIAL RESPONSIBILITY.
4.1. Existing Development Fees.
During the Term of this Agreement, City shall impose and Vested Party
shall be required to pay only Existing Development Fees in connection with the use or
Development of the Property and the processing of applications for Land Use Entitlements
submitted by Vested Party. "Existing Development Fees" as defined in Section 1.11 do not
include impact fees, exactions, assessments or fair share charges or other similar fees or charges
imposed by other governmental entities regardless of whether the City is required to collect or
assess such fees (e.g., school district impact fees pursuant to Government Code Section 65995).
Existing Development Fees and the formulas for calculating such fees to be imposed on the
Project are set forth in the Selected Analysis of Estimated Permit Fees Attachment No. 3, which
is attached hereto and incorporated herein.
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4.2. Deferred Develo ment Impact Fees.
Notwithstanding the time for payment of development impact fees
pursuant to the Existing Land Use Regulations and as identified in the Selected Analysis of
Estimated Permit Fees (Attachment No. 3), payment of all development impact fees in
connection with the Development shall be deferred and paid at the time a certificate of
occupancy is issued for the Project. All development impact fees shall be calculated in
accordance with the fee schedule in effect as of the Effective Date and set forth in Attachment
No. 2.
4.3. Allocation of'Proiect TlF.
In furtherance of the City's desire to incentivize sports related
development, City agrees that all Traffic Impact Fees (TIF) paid by Vested Party in accordance
with LEMC Section 16.74.040 for the Development of the Project shall be exclusively allocated
by City to (a) reimburse Vested Party for any Project Related Improvements that qualify as
eligible "traffic infrastructure" in an amount not exceeding Five Hundred Thousand Dollars
($500,000), or (b) to fund eligible "traffic infrastructure" within the boundaries of the Diamond
Specific Plan or the East Lake Specific Plan. For purposes of this paragraph, the term "traffic
infrastructure" shall have the meaning as that term is defined in LEMC Section 16.74.020 within
the TIF network as specified in the City's approved Traffic Fee Study related to TIF, as that
study may be amended from time to time.
4.4. Financial Responsibility.
To ensure implementation of their shared understanding and intent as to
the allocation of financial responsibility for the design, construction, and implementation of
certain Project - Related Improvements, to wit, off -site improvements to Diamond Drive and in
the vicinity of the intersection of Diamond Drive and Pete Lehr Drive, the Parties have agreed
upon the inclusion in this Agreement of Attachment No. 4, incorporated by this reference herein.
Notwithstanding the content of Attachment No. 4, the Parties note that (i) Vested Party shall bear
the costs of designing those Project- Related Improvements identified in Attachment No. 4 as
"City Financial Responsibility," and (ii) Attachment No. 4 shall not limit, to any extent or
degree, the applicability of the Conditions of Approval reflected in Attachment No. 5 to the
Project, or any duty of Vested Party reflected in the Conditions of Approval.
5. DURATION OF AGREEMENT.
5.1. Term.
This Agreement's "Term" shall be defined as follows. This Agreement
shall become operative and commence upon the Effective Date. It shall remain in effect until
seven (7) years from and after the Effective Date, unless this Agreement is terminated, modified,
or extended upon mutual written consent of the Parties hereto or as otherwise provided in this
Agreement. Following the expiration or termination of the Term hereof, this Agreement shall be
deemed terminated and of no further force and effect; provided, such expiration or termination
shall not automatically affect any right or duty of the City or the Vested Party arising from Land
Use Entitlements relating to the Property approved or issued prior to the expiration or
termination of the Term.
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5.2. Timing of Development.
The City and the Vested Party acknowledge that the Vested Party cannot
at this time accurately predict the time schedule within which Development of the Property will
occur, if Development occurs at all. Therefore, Vested Party will have the right to pursue
Development of the Property, if at all, at the rate and in the sequence deemed appropriate by the
Vested Party within the exercise of its sound business judgment. Since the California Supreme
Court held in Pardee Construction Co. v. City of Camarillo. 37 Cal.3d 465 (1984), that the
failure of the parties therein to provide for the timing of development resulted in a later - adopted
initiative restricting the timing of development to prevail over such parties' agreement, it is the
Parties' intent to cure that deficiency by acknowledging and providing that Vested Party shall
have the right to develop the Property, if such development occurs, in such order, at such rate,
and at such time as Vested Party deems appropriate within the exercise of its subjective business
judgment. For purposes of this Agreement, completion of Development of the Property will
mean the date on which a certificate of occupancy or comparable instrument issued by the City
for the last improvement or structure constructed pursuant to this Agreement and the Existing
Land Use Regulations. Upon expiration of this Agreement, unless the Parties mutually agree to
extend this term, this Agreement will be deemed terminated and of no further force and effect.
5.3. Periodic Review.
The City will, in accordance with Government Code Section 65865.1,
review this Agreement at least once every twelve (12) months from and after the Effective Date
hereof in order to review the extent of the good faith substantial compliance by Vested Party
with the terms and provisions of this Agreement and the performance of the City of its
obligations under this Agreement. During each such periodic review, the City and the Vested
Party will have the duty to demonstrate their good faith compliance as may be reasonably
necessary, or required. The City's failure to review the Vested Party's compliance with this
Agreement, at least annually, will not constitute or be asserted by either Party as a breach by the
other Party.
OPERATING MEMORANDA AND AMENDMENTS.
6.1. Operating Memoranda.
The provisions of this Agreement require a close degree of cooperation
between the City and the Vested Party. The Development of the Property may demonstrate that
clarifications to this Agreement and the Existing Land Use Regulations are appropriate with
respect to the details of performance of the City and the Vested Party. To the extent allowable
by law, the Vested Party shall retain a certain degree of flexibility as provided herein with
respect to all matters, items and provisions covered in general under this Agreement, except for
those which relate to the (i) term; (ii) permitted uses; or (iii) density or intensity of use. When
and if the Vested Party finds it necessary or appropriate to make changes, adjustments or
clarifications to matters, items or provisions not enumerated in (i), (ii) or (iii) above, 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 6.1.
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 Vested Party, to
LE DIAMOND HOLDINGS DA - 022817
determine whether a requested clarification may be effectuated pursuant to this Section or
whether the requested clarification is of such character to constitute an amendment to this
Agreement which requires compliance with the provisions of Section 6.2 below.
6.2. Amendment.
Subject to the notice and hearing requirements of the Government Code,
this Agreement may be modified or amended from time to time only with the written consent of
both the Vested Party and the City or their successors and assigns in accordance with the
provisions of the Lake Elsinore Municipal Code and Sections 65867 and 65868 of the
Government Code.
COOPERATION AND COVENANT OF FURTHER IER ASSURANCI-iS.
7.1. Third Party Actions.
Vested Party shall defend, at its expense, including costs and attorneys'
fees, indemnify, and hold harmless City, its agents, officers, officials, commissions, councils,
committees, boards and employees from any claim, action or proceeding against City, its agents,
officers, officials, commissions, councils, committees, boards or employees to attack, set aside,
void, or annul the approval of this Agreement, the validity of any provision of this Agreement,
any breach hereunder, or any action taken or decision made hereunder, including the approval of
any permit granted pursuant to this Agreement. City shall promptly notify Vested Party of any
such claim, action or proceeding, and City shall cooperate in the defense. In any defense of City
and /or Vested Party against such an action, Vested Party shall have the right to select legal
counsel and any experts or consultants deemed necessary and appropriate by Vested Party,
subject to City's approval which shall not be unreasonably withheld. In addition, any action
instituted by any third party challenging this Agreement or any other permit or approval required
from the City or any other governmental entity, for the Development of the Project, will
constitute a permitted delay under Section 10. Notwithstanding the foregoing, the filing of any
third party action against the City and /or the Vested Party with respect to this Agreement or any
provision hereof will not be a reason to delay or stop the Development of the Property
(including, without limitation, the processing of any application of the Vested Party with respect
to the Property, the issuance of any building permit or the issuance of any certificate of
occupancy) unless the third party obtains a court order preventing such activity. Vested Party's
obligation to indemnify City hereunder shall survive any termination of this Agreement.
7.2. 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
objectives of this Agreement. Each Party will take all necessary measures to see that the
provisions of this Agreement are carried out in full.
7.3. Covenant of Good Faith and Fair I)eGI I in
Except as may be required by law, neither Party will do anything which
will have the effect of harming or injuring the right of the other Party to receive the benefits of
this Agreement and each Party will refrain from doing anything which would render
LE DIAMOND HOLDINGS DA - 022817
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performance under this Agreement impossible or impractical. In addition, each Party will do
everything which this Agreement describes that such Party will do.
PERMITTED DELAYS.
Any period of delay caused by acts of G -d; civil commotion; war; insurrection;
riots; strikes; walk outs; picketing or other labor disputes; unavoidable shortages of materials or
supplies; damages to work in progress by reason of fire, flood, earthquake or other casualty;
litigation which prohibits or delays performance of the Agreement, including without limitation
actions addressed by Section 7.1; moratoria; judicial decisions; or any other cause which is not
within the reasonable control of the Parties may extend the duration of the Agreement. Each
Party will promptly notify the other Party of any delay hereunder as soon as possible after the
same has been ascertained, and the term of this Agreement will be extended by the period of any
such delay. Notwithstanding Section 13.3, any claim for delay must be presented within 30 days
of knowledge of the cause of such delay or any entitlement to time extension will be deemed
waived. Notwithstanding the foregoing, in no event shall Vested Party 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 impracticable, or infeasible.
9. ESTOIT L CERTIFICATES.
Either Party may at any time, and from time to time, deliver written notice to the
other Party, requesting that the other Party certify in writing to the knowledge of the certifying
Party that: (a) this Agreement is in full force and effect and is a binding obligation of the
certifying Party; (b) this Agreement has not been amended or modified, except as expressly
identified; (c) no default in the performance of the requesting Party's obligations pursuant to
Agreement exists, except as expressly identified. A Party receiving a request hereunder will
execute and return the requested certificate within 30 days after receipt of the request.
10. RECORDATION BY CITY CLERK.
Pursuant to Government Code Section 65868.5, within 10 days after the Entry
Date, the City Clerk will record a copy of the Agreement in the Records of the County Recorder.
11. DEFAULT.
11.1. Events of Default.
Subject to any written extension of time by mutual consent of the Parties,
and subject to the provisions of Section 8 regarding permitted delays, the uncured failure of
either Party to perform any material term or provision of this Agreement will constitute a default.
On written notice to a Party of its failure of performance, such Party will have forty -five (45)
days to cure such failure of performance; provided, however that if the nature of the failure of
performance is such that it cannot be cured within such period, then the diligent prosecution to
completion of the cure will be deemed to be cure within such period. Any notice of default
given hereunder will be in writing and specify in detail the nature of the alleged default and the
manner in which such default may be satisfactorily cured in accordance with this Agreement.
During the time period herein be in writing and specified for the cure of a failure of performance,
the Party charged with such failure of performance will not be considered to be in default for
LE DIAMOND HOLDINGS DA - 022817
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purposes of termination of this Agreement or for purposes of institution of legal proceedings
with respect thereto and, if the Vested Party is the Party that has failed to perform, then the City
will not be excused from its performance under this Agreement during that period.
11.2. Remedies.
Upon the occurrence of a default under this Agreement and the expiration
of any applicable cure period, the non - defaulting Party will have such rights and remedies
against the defaulting Party as it may have at law or in equity including, without limitation, the
right to terminate this Agreement.
11.3. No Waiver.
The failure by a Party to insist on the strict performance of any of the
provisions of this Agreement by the other Party will not constitute a waiver of such Party's right
to demand strict performance by such other Party in the future. All waivers must be in writing to
be effective or binding on the waiving Party and no waiver will be implied from any omission by
a Party to take action. No express written waiver of any default will affect any other default or
cover any other period of time except that specified in such express waiver.
11.4. Effect of Termination.
Termination of this Agreement by one Party due to the default of the other
Party will not affect any right or duty emanating from any then existing Land Use Entitlement or
approvals with respect to the Property, but the rights and obligations of the Parties will otherwise
cease as of the date of such termination. If the City terminates this Agreement because of a
default of the Vested Party, then the City will retain any and all benefits including, without
limitation, money or land received by the City hereunder. The obligations of Vested Party to
indemnify City shall survive any termination of this Agreement.
12. INCORPORATION BY REFERENCE.
12.1. Recitals.
The Recitals in this Agreement are material and are incorporated herein by
reference as though fully set forth herein.
12.2. Exhibits.
Any Exhibit to this Agreement is incorporated herein by reference as
though fully set forth herein.
13. APPLICABLE LA
This Agreement will be construed and enforced in accordance with the laws of the
State of California.
14. NO JOINT VENTURE, PARTNERSHIP OR THIRD PARTY BENEFICIARY.
The City and the Vested Party hereby renounce the existence of any form -of joint
venture or partnership between them and expressly agree that nothing contained herein or in any
document executed in connection herewith will be construed as making the City and the Vested
LE DIAMOND HOLDINGS DA - 022817
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Party joint venturers or partners. It is understood that the contractual relationship between the
City and the Vested Party is such that the Vested Party is an independent contractor and not an
agent of the City. Furthermore, this Agreement is not intended or construed to create any third
party beneficiary rights in any person who is not a party to this Agreement.
15. COVENANTS RUNNING WITH THE LAND.
All of the terms, provisions, covenants and obligations contained in this
Agreement will be binding upon the Parties and their respective successors and assigns, and all
other persons or entities acquiring all or any part of the Property, and will inure to the benefit of
such Parties and their respective successors and assigns. All the provisions of this Agreement
will be enforceable as equitable servitudes and constitute covenants running with the land
pursuant to applicable law including, without limitation, California Civil Code Section 1468.
Each covenant to or refrain from doing some act on the Property is expressly for the benefit of
the Property and is a burden upon the Property, runs with the Property and is binding upon each
Party and each successive Vested Party during its ownership of the Property or any part thereof,
and will benefit each Party and its property hereunder, and each Party succeeding to an interest
in the Property.
16. CONSISTENCY FINDING.
By approving and executing this Agreement, the City finds that its provisions are
consistent with the City's General Plan and with the Diamond Specific Plan, and the City further
finds and determines that execution of this Agreement is in the best interests of the public health,
safety and general welfare of the City's present and future residents, property owners and
taxpayers.
17. TERMS AND CONSTRUCTION.
17.1. Severability.
If any term, provision, covenant or condition of this Agreement is
determined to be invalid, void or unenforceable by judgment or court order, than the remainder
of this Agreement will 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.
17.2. Entire Agreement.
This Agreement contains all the representations and constitutes the entire
agreement between the City and the Vested Party as to each and all matters addressed herein.
Any prior correspondence, memoranda, agreements, warranties or representations, whether
written or oral, are superseded in total by this Agreement.
17.3. Signature Pages.
For convenience, the signatures of the Parties may be placed and
acknowledged on separate pages and, when attached to this Agreement, will constitute this
document as one complete Agreement.
LE DIAMOND HOLDINGS DA - 022817
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17.4. Time.
Time is of the essence of this Agreement and of each and every term and
condition hereof.
17.5. Notices.
Any notice shall be in writing and given by delivering the same in person
or by sending the same by registered, or certified mail, return receipt requested, with postage
prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows:
If to City: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Manager
Facsimile: (951) 674 -2392
With a copy to: Leibold McClendon & Mann PC
9841 Irvine Center Drive, Suite 230
Irvine, CA 92618
Attention: Barbara Leibold
Facsimile: (949) 585 -6305
If to Vested Party: LE Diamond Holdings, LLC
13974 Boquita Drive
Del Mar, CA 92014
Attn.: Gary Jacobs
Facsimile: (858) 481 -3792
With a copy to: The Law Offices of Edward Z. Kotkin
250 El Camino Real, Suite 102
Tustin, CA 92780
Attn.: Edward Kotkin
Facsimile: (714) 384 -4550
Either City or Vested Party may change its mailing address at any time by giving written notice
of such change to the other in the manner provided herein at least ten (10) days prior to the date
such change is effected. All notices under this Agreement shall be deemed given, received,
made or communicated on the earlier of the date personal delivery is effected or on the delivery
date or attempted delivery date shown on the return receipt, air bill or facsimile.
18. CONSENT OF OTHER PARTIES.
The Vested Party may, at its discretion, elect to have other holders of legal,
equitable or beneficial interests in the Property or parts thereof, acknowledge and consent to the
execution and recordation of this Agreement by executing an appropriate instrument therefor. It
is understood by the Parties that the execution of such document -by other holders of legal,
equitable or beneficial interests in the Project is not a condition precedent to this Agreement.
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19. ASSIGNMENT AND NOTICE.
19.1. Assignment (General)
The rights and obligations of Vested Party hereunder shall not be assigned
or transferred, except that on thirty (30) days written notice to City, Vested Party, may assign all
or a portion of Vested Party's rights and obligations thereunder to any person or persons,
partnership or corporation who purchases all or a portion of Vested Party's right, title and
interest in the Property, provided such assignee or grantee assumes in writing each and every
obligation of Vested Party hereunder yet to be performed, and further provided that Vested Party
obtains the consent of City to the assignment, which consent shall not be unreasonably withheld.
Any assignment pursuant to this Section 19 shall relieve Vested Party, as assignor, of any and all
rights and obligations hereunder in accord with the nature and scope of the assignment in
question.
19.2. Requirements of Notice, Consent
Provided the Vested Party's thirty (30) day notice includes the assumption
by the assignee or grantee, the consent of the City shall be deemed to occur upon the thirtieth
(30th) day of the notice period unless within that period the City provides written notice
withholding consent and explaining the reasons it is withholding consent. The notice to City
shall include the identity of any such assignee and a copy of the written assumption of the
assignor's obligations hereunder pertaining to the portion assigned or transferred. After such
notice and the receipt of such consent, the assignor shall have no further obligations or liabilities
hereunder.
19.3. 'Assignment to Affiliate as a Matter of Ri h[
Notwithstanding anything in this Section 19 the Parties understand and
agree that Vested Party shall be permitted as a matter of right to assign all or a portion of Vested
Party's rights and obligations hereunder to any Affiliate so long as Vested Party's right, title and
interest in the Property, or corresponding portion thereof, is transferred to such Affiliate prior to
or concurrent with such assignment and such Affiliate assumes in writing each and every
obligation of Vested Party hereunder as to the Property, or corresponding portion thereof, yet to
be performed. City shall not have the authority to withhold consent to such an assignment
pursuant to this Section 19.3.
20. ENCUMBRANCES AND RELEASES ON REAL PROPERTY.
20.1. Discretion to Encumber.
The Parties agree that this Agreement will not prevent or limit the Vested
Party in any manner, at the Vested Party's sole discretion, from encumbering the Property, or
any part of the same including, without limitation, improvement thereon, by any mortgage, deed
of trust or other security device securing financing with respect to the Property or the Project.
The City agrees that it will not unreasonably withhold its consent to any modification to this
Agreement requested by a lender so long as the modification does not materially alter this
Agreement to the detriment of the City.
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20.2. Entitlement to Written Notice of Default.
Any lender of the Vested Party which has filed a written request with the
City for notice of default of Vested Party will be entitled to receive written notification from the
City of any uncured default by the Vested Party in the performance of the obligations of the
Vested Party under this Agreement.
20.3. Property Subject to Pro Rata Claims.
Any mortgagee or beneficiary which comes into possession of the
Property or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in
lieu of such foreclosure, will take the Property or part thereof, subject to (i) any pro rata claims
for payments or charges against the Property or part thereof secured by such mortgage or deed of
trust, which accrued prior to the time that such mortgagee or beneficiary comes into possession
of the Property or part thereof, and (ii) the terms and conditions of the Agreement.
21. CONSTRUCTION, NUMBER AND GENDER.
This Agreement will be construed as a whole according to its common meaning
and not strictly for or against either Party in order to achieve the objectives and purposes of the
Parties hereunder. Whenever required by the context of this Agreement, the singular will include
the plural and vice versa, and the masculine gender will include the feminine and neuter genders.
In addition, "will" is the mandatory and "may" is the permissive.
22. INSTITUTION OF LEGAL ACTION.
In addition to any other rights or remedies, either Party may institute legal action
to cure, correct or remedy any uncured default, to enforce any covenants or agreements herein, to
enjoin any threatened or attempted violation thereof or obtain any remedies consistent with the
purpose of this Agreement. In the event of any such legal action involving or arising out of this
Agreement, the prevailing Party will be entitled to recover from the losing Party, reasonable
litigation expenses, attorneys' fees and costs incurred. The Parties acknowledge that if a breach
of this Agreement by the City occurs, irreparable harm is likely to occur to the Vested Party and
damages may be an inadequate remedy. Therefore, to the extent permitted by law, the Parties
agree that specific enforcement of this Agreement by the Parties is an appropriate and available
remedy, in addition to any and all other remedies which may be available to the Parties under
law or at equity.
23. INDEMNIFICATION.
The Vested Party agrees to and will hold the City, its officers, agents, employees,
officials, commissions, councils, committees, boards 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 Vested Party's negligence with respect to its direct or indirect
activities with respect to the Project. Vested Party agrees to and will defend the City and its
officers, agents, employees, officials, commissions, councils, committees, boards and
representatives from actions for any damages caused by or alleged to have been caused by
reasons of the Vested Party's activities with respect to the Project. The obligation of Vested
Party to indemnify the City hereunder shall survive any termination of this Agreement. In the
event and course of any indemnification by Vested Party pursuant to this Section 23, Vested
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Party shall have the right to select legal counsel and any experts or consultants deemed necessary
and appropriate by Vested Party subject to City's approval which shall not be unreasonably
withheld. This "hold harmless" agreement applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the activities of Vested Party.
24. RIGHT OF ENTRY /ENCROACHMENT PERMITS.
It may be that entry on property adjacent to the Property will be required in order
for Vested Party to complete the Development of the Project. City shall cooperate with Vested
Party in any effort to obtain any required right of entry or encroachment permits. Vested Party
shall reimburse City for any legal or other expense incurred by City in City's performance under
this Section 25.
25. PROCESSING OF APPLICATIONS AND PERMITS.
City will accept and process the any and all applications for Land Use
Entitlements on as expedited a basis as may prove practicable, with each Party using its best and
good faith efforts to achieve this result. Vested Party may request that City utilize private
contract planners, plan checkers or inspectors and any other available means to expedite the
processing of the applications for Land Use Entitlements hereunder, including concurrent
processing of such applications by various City departments. Vested Party shall reimburse City,
on a deposit -based cost recovery system, for all costs of processing Land Use Entitlements by
City staff and /or private contractors.
26. FINANCING OF IMPROVEMENTS.
26.1. Potential Im rovements Financin = District.
Upon request by Vested Party, City shall commence its best efforts to
form a capital improvements financing district to assist Vested Party in funding the Development
of the Project to the maximum extent necessary, including without limitation the Development of
any and all Project- Related Improvements and City development impact fees (e.g., TIF, Fire,
Parks, City Hall, etc.) that can reasonably be included within said district in conformance with
the Diamond Specific Plan and applicable laws; provided, however, that permit fees and MSHCP
fees cannot be financed and TUMF fees can be financed only through the Western Riverside
Council of Governments (WRCOG).
26.2. Maintenance Financing District.
In accordance with Condition 172 of the Conditions of Approval
(Attachment No. 5), prior to the issuance of the first building permit, the Vested Party shall
consent to the formation of Community Facilities District or annex into the proposed Community
Facilities District No. 2015 -2 (Maintenance Services) to fund the on -going operation and
maintenance of the public right of way landscaped areas and neighborhood parks to be
maintained by the City and for street lights in the public right of way for which the City will pay
for electricity and a maintenance fee to Southern California Edison, including parkways, open
space and public storm drains constructed within the development and federal NPDES
requirements to offset the annual negative fiscal impacts of the project. Vested Party shall, make
a ten thousand dollar ($10,000) non - refundable deposit to cover the cost of the formation or
annexation process, as applicable.
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IN WITNESS WHEREOF, City and Vested Party have executed this Agreement
as of the date first hereinabove written.
ATTEST:
By:
Susan M. Domen, CMC City Clerk
APPROVED AS TO FORM:
Barbara Leibold, Esq.,
City Attorney
APPROVED AS TO FORM:
"CITY"
CITY OF LAKE ELSINORE,
a municipal corporation
Robert E. Magee, Mayor
"VESTED PARTY"
LE DIAMOND HOLDINGS, LLC
a California limited liability company
By:
Name:
Title:
By:
Name:
Title:
THE LAW OFFICES OF EDWARD Z. KOTKIN
IM
Edward Z. Kotkin, Esq.
LE DIAMOND HOLDINGS DA - 022817
18
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
County of
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary
(Affix seal here)
LE DIAMOND HOLDINGS DA - 022817
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
County of
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary
(Affix seal here)
LE DIAMOND HOLDINGS DA - 022817
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
County of
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary
(Affix seal here)
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 1
PROPERTY LEGAL DESCRIPTION
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as
follows:
PARCEL A:
LOT 1, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THE NORTHERLY 60 FEET AND THAT PORTION LYING EASTERLY OF THE
SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE OF
DIAMOND DRIVE, FORMERLY KNOWN AS KUHNS STREET (60 FEET WIDE) AS
SHOWN ON SAID HEALDS FIRST ADDITION TO ELSINORE; SAID SOUTHERLY
PROLONGATION TERMINATING AT THE SOUTHERLY LINE OF SAID LOT 1, BLOCK
6 OF SAID HEALDS FIRST ADDITION TO ELSINORE.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980_AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL B:
THE NORTHERLY 60 FEET OF LOT 1, BLOCK 6 OF HEALDS FIRST ADDITION TO
ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE
205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA.
PARCEL C:
LOTS 2, 3 AND 4 AND THE SOUTHERLY 10 FEET OF LOT 5, BLOCK 6 OF HEALDS
FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308
AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 1
PARCEL D:
LOT 6 AND THE SOUTHERLY 50 FEET OF LOT 7 AND THE NORTHERLY 40 FEET OF
LOT 5, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL E:
LOTS 8 AND 9 AND THE SOUTHERLY 30 FEET OF LOT 10 AND THE NORTHERLY 10
FEET OF LOT 7, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY
OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL F:
LOTS 11 AND 12 AND THE SOUTHERLY 2 FEET OF LOT 13 AND THE NORTHERLY 20
FEET OF LOT 10, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY
OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
PARCEL G:
LOTS 14 AND 15 AND THE NORTHERLY 40 FEET OF LOT 13, BLOCK 6 OF HEALDS
FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308
AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY; CALIFORNIA.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE
RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF
SAID COUNTY.
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 1
PARCEL H:
LOTS 16 AND 17, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY
OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA.
PARCEL J:
PARCEL 1 OF PARCEL MAP 27852, IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 182, PAGES
19 THROUGH 24, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 1
ATTACHMENT NO. 2
TITLE REPORT EXHIBIT LAND OWNERSHIP
(ATTACHED)
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO.
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ATTACHMENT NO. 3
SELECTED ANALYSIS OF ESTIMATED PERMIT FEES
(ATTACHED)
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 3
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ATTACHMENT NO. 4
FINANCIAL RESPONSIBILITY
(ATTACHED)
LE DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO.4
DIAMOND INDOOR SPORTS CENTER
OFF -SITE IMPROVEMENTS
FINANCIAL RESPONSIBILITY EXHIBIT
r'
DEVELOPER FINANCIAL.
RESPONSIBITY
INCLUDING DEMOLITION,
RELOCATIONS, CURB and
GUTTER, SIDEWALK, STREET
GHTS, NEW PAVEMENT, DROP
)FF AREA AND STORM DRAIN
CETY FINANCIAL RESPONSIBITY
INCLUDING DEMOLITION,
RELOCATIONS, CURB and
GUTTER, SIDEWALK, STREET
LIGHTS AND NEW PAVEMENT
NOTE: SEE SHEET 2 FOR QUANTITIES
1"=200'
W.O. 1018 -1
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SHEET 1 OF 2
DIAMOND INDOOR SPORTS CENTER
OFF -SITE IMPROVEMENTS
FINANCIAL RESPONSIBILITY EXHIBIT
Q U,A► NTITY sT[ m.A►TE
ITEM
UNIT
DEVELOPER
RESPONSIBLE
QUANTITY
CITY
RESPONSIBLE
QUANTITY
CONST. 7" AC OVER 8" C.A.B. MINIMUM OR PER SOILS REPORT
SF
84,220
24,724
JOIN EXISTING A.C. PAVEMENT PER DETAIL SHEET 2
LF
1,458
346
CONST. TYPE 6 6" INTEGRAL CURB & 24" GUTTER PER CITY STD. 200
LF
1,677
646
CONST. CROSS GUTTER PER CITY STD. 209
SF
1,135
-
CONST. NON - CONTIGUOUS SIDEWALK PER CITY STD. 211
SF
7,260
3,876
CONST. BUS TURNOUT PER CITY STD. 121
SF
1,065
-
SAWCUT & REMOVE EXIST AC PAVEMENT
SF
70,140
28,769
CONST. LOCAL DEPRESSION TYPE 'A' PER CO. OF RIVERSIDE STD.
EA
1
-
CONST. HANDICAP ACCESS RAMP TYPE 1 PER CITY STD. 214A
EA
3
1
CONST. 6" AC BERM PER CITY STD. 207
LF
95
-
GRIND AND OVERLAY EXIST. AC PAVING (0.17' MIN.)
SF
7,290
1,730
REMOVE EXISTING CURB AND GUTTER
LF
1,583
607
REMOVE EXISTING A.C. BERM
LF
180
42
REMOVE EXISTING SIDEWALK
SF
-
2,870
CONST. CONTIGUOUS SIDEWALK PER CITY STD. 210
SF
2,327
-
INSTALL 18" RCP STORM DRAIN (SEE PROFILE FOR D -LOAD)
LF
72
-
INSTALL 36" RCP STORM DRAIN (SEE PROFILE FOR D -LOAD)
LF
84
-
INSTALL 48" RCP STORM DRAIN (SEE PROFILE FOR D -LOAD)
LF
472
-
INSTALL 54" RCP STORM DRAIN (SEE PROFILE FOR D -LOAD)
LF
51
-
CONST. JUNCTION STRUCTURE PER SPPWC STD. 331 -3
EA
1
-
CONST. JUNCTION STRUCTURE PER SPPWC STD. 332- 2(CASE 1)
EA
1
-
CONST. CATCH BASIN PER SPPWC 300 -3
EA
1
-
CONST. GRATED CATCH BASIN PER SPPWC 305 -3
EA
4
-
CONST. CONCRETE COLLAR PER SPPWC STD. 380 -4
EA
1
-
W.O. 1018 -1
SHEET 2 OF 2
ATTACHMENT NO. 5
CONDITIONS OF APPROVAL
(ATTACHED)
LC DIAMOND HOLDINGS DA - 022817
ATTACHMENT NO. 5
CONDITIONS OF APPROVAL
RESOLUTIONS: 2016 -122, 2016 -123, 2016 -124, 2016 -125,
2016 -126, and 2016 -127
PROJECT NUMBER: PA 2016 -04 (TPM 37149, CUP 2016 -02, and CDR
2016 -02)
PROJECT NAME: Diamond Sports Complex
PROJECT LOCATION: APNs 373 - 210 -037, 373 - 210 -038, 373 - 210 -039, 373-
210 -043, 363- 150 -006, 363- 161 -029, 363 - 161 -030,
363- 161 -031, 363- 161 -032, 363- 161 -033, 363 -161-
034, and 363 -161 -035
APPROVAL DATE: October 25, 2016
EXPIRATION DATE: October 25, 2018
GENERAL CONDITIONS
Planning Application 2016 -04 (TPM 37149, CUP 2016 -02, and CDR 2016 -02)
consists of the development of The Project applicant is proposing the development
of an approximately 520,000 square foot indoor commercial sports facility on 23.12
acres of disturbed vacant land collectively referred to as the "project ". The sports
facility is proposed for two levels. The ground floor would have approximately
430,000 square feet that can be used for 58 indoor volleyball courts or 33
basketball courts and stadium style seating. The second level would total
approximately 89,000 square feet and provide team rooms for rent, suites around
the main volleyball court and a sports bar. The facility would include three
restaurant facilities, including a food court and family -style restaurant on the first
floor and a sports bar on the second floor. The Project site is located adjacent to
and north of the Lake Elsinore Storm baseball stadium, east of the Lake
Elsinore /San Jacinto River Inlet, west of Diamond Drive and south of Lakeshore
Drive. The Assessor Parcel Numbers of the site are 373 - 210- 037 -8, 373- 210 -038-
9, 373 - 210 - 039 -0, 373 - 210 - 043 -3, 363- 150 - 006 -2, 363- 161 - 029 -7, 363- 161 -030-
7, 363- 161- 031 -8, 363- 161- 032 -9, 363- 161- 033 -0, 363- 161 -034 -1 and 363 -161-
035-2.
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, Agents, and Consultants
agents (collectively referred to individually and collectively as "Indemnities ") from
any claim, action, or proceeding to attack, set aside, void, or annul an approval by
Indemnitees concerning approval of the project, or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto. The
Page 1 of 27
Applicants Initials:
U:IPLANNINGICURRENT PLANNINGTroject Files\PA120161PA 2016 -04 Sports CompleACOAs1PA 2016 -04
Conditions of Approval Final Dratt.docx
Applicant's indemnification is intended to include, but not be limited to, damages,
fees and /or costs awarded against or incurred by Indemnities and costs of suit,
claim or litigation, including without limitation attorneys' fees, penalties and other
costs, liabilities and expenses incurred by Indemnities in connection with such
proceeding. The City will promptly notify the applicant of any such claim, action, or
proceeding against the City. If the project is challenged in court, the City and the
applicant shall enter into formal defense and indemnity agreement, consistent with
this condition.
3. Within 30 days of project approval, the applicant shall sign and return the final
Conditions of Approval to the Community Development Department for inclusion
in the case records.
4. Permittee shall require that all qualifying contractors and subcontractors exercise
their option to obtain a Board of Equalization sub - permit for the jobsite and allocate
all eligible sales and use tax payments to the City of Lake Elsinore. Prior to
commencement of any construction activity on -site the developer will require that
the contractor or subcontractor provide the City of Lake Elsinore with either a copy
of their Board of Equalization account number and sub - permit, or a statement that
the sales & use tax does not apply to their portion of the project. To accomplish
this, Permittee shall either cause its construction contractor to treat the project in
accordance with California Regulation 1521 (b)(2)(B), California Regulation 1521
(c)(13)(B), and California Regulation 1826(b) for sales and use tax purposes or
form a "Buying Company:" as defined in the State of California Board of
Equalization Regulation 1699(h). Permittee can adopt an alternative methodology
to accomplish this goal if such methodology is approved by the City of Lake
Elsinore City Manager, or designee prior to issuance of building permits.
Permittee shall direct use taxes on out -of -City taxable purchased construction
related items to the City of Lake Elsinore, consistent with state sales and use tax
law. Permitee shall use its best efforts, consistent with state law, to source taxable
purchases from price competition construction retail vendors within the City of Lake
Elsinore to further source sales to the City.
PLL%NNING DIVISION
5. Conditional Use Permit No. 2016 -02 shall lapse and become void two years
following the date on which the conditional use permit became effective, unless
one of the following: (1) prior to the expiration of two years, a building permit related
to the conditional use permit is issued and construction commenced and diligently
pursued toward completion; or (2) prior to the expiration of two years, the applicant
has applied for and has been granted an extension of the design review approval
pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC)
Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a
Applicants Initials: V Page 2 of 27
conditional use permit granted pursuant to the provisions of this section shall run
with the land and shall continue to be valid upon a change of ownership of the site
or structure which was the subject of the conditional use permit application.
6. Tentative Parcel Map No. 37149 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 State of California Subdivision Map Act and applicable requirements of the
Lake Elsinore Municipal Code.
7, Tentative Parcel Map No. 37149 shall comply with the State of California Subdivision
Map Act and applicable requirements contained in the Lake Elsinore Municipal Code
(LEMC), unless modified by approved Conditions of Approval.
8. Commercial Design Review No. 2016 -02 shall lapse and become void two years
following the date on which the design review became effective, unless one of the
following: (1) prior to the expiration of two years, a building permit related to the
design review is issued and construction commenced and diligently pursued
toward completion; or (2) prior to the expiration of two years, the applicant has
applied for and has been granted an extension of the design review approval
pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC)
Section 17.184.120. Notwithstanding conditions to the contrary, a design review
granted pursuant to LEMC Chapter 17.184 shall run with the land for this two -year
period, subject to any approved extensions, and shall continue to be valid upon a
change of ownership of the site which was the subject of the design review
application.
9. All Conditions of Approval shall be reproduced on page one of building plans prior
to their acceptance by the Building and Safety Division, Community Development
Department. All Conditions of Approval shall be met prior to the issuance of a
Certificate of Occupancy and release of utilities.
10. All site improvements shall be constructed as indicated on the approved building
plans, as modified by these conditions of approval.
11. Any proposed minor revisions to approved plans shall be reviewed and approved
by the Community Development Director or designee. Any proposed substantial
revisions to the approved plans shall be reviewed according to the provisions of
the Municipal Code in a similar manner as a new application. Grading plan
revisions shall be reviewed by the City Engineer.
12. All roof mounted or ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally screened or shielded
by landscaping so that they are not visible from neighboring property or public
Applicants Initials V Page 3 of 27
streets. Any roof mounted central swamp coolers shall also be screened, and the
Community Development Director, prior to issuance of building permit shall
approve screening plan.
13. A detailed on -site lighting plan, including a photometric diagram, shall be reviewed
to ensure that all exterior on -site lighting shall be shielded and directed on -site so
as not to create glare onto neighboring property and streets or allow illumination
above the horizontal plane of the fixture.
14. The property address (in numerals at least six inches high) shall be displayed near
the entrance and be easily visible from the front of the subject property and public
right -of -way.
15. The applicant shall construct trash enclosure(s) with a decorative roof to match the
colors, materials and design of the project architecture.
16. A uniform hardscape and street furniture design including seating benches, trash
receptacles, free - standing potted plants, bike racks, light bollards, etc., shall be
utilized and be compatible with the architectural style. Detailed designs shall be
submitted for Planning Division review and approval prior to the issuance of
building permits.
17. Three (3) sets of the Final Landscaping / Irrigation Detail Plans shall be submitted
to the Community Development Department with appropriate fees, reviewed by
the City's Landscape Architect Consultant and approved by the Community
Development Director or designee, prior to issuance of a building permit.
a) All planting areas shall have permanent and automatic sprinkler system with
50% plant coverage using a drip irrigation method.
b) All planting areas shall be separated from paved areas with a six inch (6 ")
high and six inch (6 ") wide concrete curb. Runoff shall be allwed from paved
areas into landscape areas.
c) Planting within fifteen feet (15') of ingress/egress points shall be no higher
than twenty -four inches (24 ").
d) Landscape planters shall be planted with an appropriate parking lot shade
tree pursuant to the LEMC and Landscape Design Guidelines.
e) No required tree planting bed shall be less than 5 feet wide.
f) Root barriers shall be installed for all trees planted within 10 feet of
hardscape areas to include sidewalks.
g) Any transformers and mechanical or electrical equipment shall be indicated
on landscape plan and screened as part of the landscaping plan.
h) The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted Landscape Guidelines.
i) All landscape improvements shall be bonded 100% for material and labor
for two years from installation sign -off by the City. Release of the
Applicants Initials: _ ..c. Page 4 of 27
landscaping bond shall be requested by the applicant at the end of the
required two years with approval /acceptance reviewed by the Landscape
Consultant and approved by the Community Development Director or
Designee.
j) All landscaping and irrigation shall be installed within affected portion of any
phase at the time a Certificate of Occupancy is requested for any building.
k) Final landscape plan must be consistent with approved site plan.
1) Final landscape plans to include planting and irrigation details.
m) Final landscape plans shall include drought tolerant planting consistent with
Elsinore Valley Municipal Water District standards subject to plan check and
approval by the City's landscape plan check consultant.
n) No turf shall be permitted.
18. Landscaping installed for the project shall be continuously maintained to the
reasonable satisfaction of the Community Development Director. If it is determined
that the landscaping is not being maintained, the Director of Community
Development shall have the authority to require the property owner to bring the
landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or
any successors in interest.
19. No individual signs are approved as part of this approval. The applicant or
designee shall submit an application for a sign permit, pay appropriate fees and
receive approval from the Community Development Department for any sign(s)
installed at the project site. OR The applicant shall submit a sign program for
review and approval of the Planning Commission prior to installation.
20. The project shall connect to sewer and meet all requirements of the Elsinore Valley
Municipal Water District ( EVMWD). The applicant shall submit water and sewer
plans to the EVMWD and shall incorporate all district conditions and standards.
21. Provisions of the City's Noise Ordinance shall be satisfied during all site
preparation and construction activity. 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 7:00 a.m. — 5:00 p.m., Monday through Friday. Only finish
work and similar interior construction may be conducted on Saturdays and may
commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m. with
no construction activity to occur on Sundays or legal holidays. The sign shall
identify the name and phone number of the development manager to address any
complaints.
22. The proposed location of on -site construction trailers shall be approved by the
Community Development Director or designee. A cash bond of $1,000 shall be
required for any construction trailers placed on the site and used during
Applicants Initials: V Page 5 of 27
construction. Bonds will be released after removal of trailers and restoration of the
site to an acceptable state, subject to approval of the Community Development
Director or designee. Such trailer(s) shall be fully on private property and outside
the public right of way.
23. Graffiti shall be removed within 24 hours.
24. The entire site shall be kept free from trash and debris at all times and in no event
shall trash and debris remain for more than 24 hours.
25. Install, operate and maintain full capture systems for all storm drains that captures
runoff from the facility or site.
26. If any of the conditions of approval set forth herein fail to occur, or if they are, by
their terms, to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall
have the right to revoke or modify all approvals herein granted, deny or further
condition issuance of all future building permits, deny, revoke, or further condition
all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation.
27. Prior to the issuance of a building permit, the applicant shall have a reciprocal
parking agreement to utilize nearby existing parking spaces or, alternatively,
demonstrate a right to utilize other off -site parking in order to satisfy the offsite
parking spaces requirement identified in the Traffic Study dated July 14, 2016.
28. Prior to recordation of a final map, applicant shall have acquired from the City that
portion of APN 363- 161 -034 that is unnecessary for right of way purposes pursuant
to an executed purchase and sales agreement.
29. The Diamond Sports Complex shall avoid having large events on the same day
and time as large events are held at the Lake Elsinore Diamond. In the event of
scheduling conflicts where large events are planned on the same day and time at
both venues, Diamond Sports Complex shall apply for a Special Event permit
pursuant to Chapter 5.108 of the LEMC and shall include with the application a
parking management plan which demonstrates the location and proposed
coordination for making off -site parking spaces available to patrons of the special
event. The parking management plan shall be by the City Engineer or designee.
30. The Diamond Sports Complex shall be limited to a maximum of occupancy of
6,032. Any event exceeding this occupancy shall obtain a Special Event permit
pursuant to Chapter 5.108 of the LEMC. Notwithstanding the foregoing, the
maximum occupancy shall not exceed that allowed by the Fire Marshall.
Applicants Initials _r,(," Page 6 of 27
31. Applicant shall submit to the City's acting Police Chief a Security Plan prepared to
the Chief's satisfaction outlining implementation of the following measures, which
shall be monitored by the Police Department. At a minimum, the security plan shall
provide the following:
a) A Closed Circuit Television System capable of viewing and recording events
inside the premises, including the entrance and exits doors to
restroom/locker room facilities, courts, food concession facilities, and visitor
viewing /seating areas.
b) A Closed Circuit Television System capable of viewing and recording events
immediately outside the premises, including all entrance /exit doors, outside
perimeter walls, and parking areas.
c) A tape or disc storage library of recorded cameras kept for a minimum of 60
days.
BUILDING AND SAFETY
GENERAL CONDITIONS
32. Final Building and Safety Conditions will be addressed when building construction
plans are submitted to Building and Safety for review. These conditions will be
based on occupancy, use, the California Building Code (CBC), and related codes
which are enforced at the time of building plan submittal.
33. All design components shall comply with applicable provisions of the 2013 edition
of the California Building, Plumbing and Mechanical Codes: 2013 California
Electrical Code; California Administrative Code, 2013 California Energy Codes,
2013 California Green Building Standards, California Title 24 Disabled Access
Regulations, and Lake Elsinore Municipal Code.
34. The application shall provide 10% voluntary green measures on the project, as
stipulated by the 2013 California Green Building Standards.
35. Applicant shall provide details of all applicable disabled access provisions and
building setbacks on plans to include:
a) All ground floor units to be adaptable.
b) Disabled access from the public way to the entrance of the building.
c) Van accessible parking located as close as possible to the main entry.
d) Path of accessibility from parking to furthest point of improvement.
e) Path of travel from public right -0f -way to all public areas on site, such as
club house, trach enclosure tot lots and picnic areas.
Applicants Initials 1A Page 7 of 27
36. Applicant must obtain street addressing for all proposed buildings by requesting
street addressing and submitting a site plan for commercial or multi - family
residential projects or a recorded final map for single- family residential projects.
37. A receipt or clearance letter from the Lake Elsinore School District shall be
submitted to the Building and Safety Department to ensure the payment or
exemption from School Mitigation Fees.
38. Applicant must obtain all building plans and permit approvals prior to
commencement of any construction work.
39. Trash enclosures, patio covers, light standards, and any block walls will require
separate approvals and permits.
40. On -site sewer and water plans will require separate approvals and permits.
41. Applicant shall provide a house electrical meter to provide power for the operation
of exterior lighting, irrigation pedestals and fire alarm systems for each building on
the site. Developments with single user buildings shall clearly show on the plans
how the operation of exterior lighting and fire alarm systems when a house meter
is not specifically proposed.
AT PLAN REVIEW SUBMITTAL
42. Applicant must submit to Building and Safety four (4) complete sets of plans and
two (2) sets of supporting calculations for review and approval including:
a) An electrical plan including load calculations and panel schedule, plumbing
schematic, and mechanical plan applicable to scope of work.
b) A Sound Transmission Control Study in accordance with the provisions of
the Section 1207, of the 2013 edition of the California Building Code.
c) A precise grading plan to verify accessibility for the persons with disabilities.
d) Truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer.
P!31QR TO ISSUANCE OF GRAD ING 'PERMIT,(Q
43. Onsite water and sewer plans, submitted separately from the building plans, shall
be submitted to Building and Safety for review and approval.
44. A demolition permit shall be obtained if there is an existing structure to be removed
as part of the project.
PRIOR TO ISSUANCE OF BUILDING PERMIT(S)
Applicants Initials V page 8 of 27
45. Applicant shall provide appropriate stamp of a registered professional with original
signature on the plans.
46. A pre - construction meeting is required with the building inspector prior to the start
of the building construction.
ENGINEERING DIVISION
GENERAL
47. All slopes and landscaping within public right -of -way shall be maintained by the
property owner or property owner's association or another maintenance entity
approved by the City Council,
48. All open space and slopes outside the public right -of -way shall be owned and
maintained by property owner or property owner's association.
49. 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.
50. Developer shall mitigate to prevent any flooding and /or erosion downstream
caused by development of the site and or diversion of drainage.
51. 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.
52. 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.
53. All required soils, geology, hydrology and hydraulic, and seismic reports shall be
prepared by a Registered Civil Engineer.
FEES
54. All fees required for subdivisions under Chapter 16 of the LEMC or otherwise
authorized by ordinance or resolutions, and as required by these COA, shall be paid.
The developer shall pay all Engineering Division assessed, plan check and permit
fees (LEMC 16.34). Applicable Development Impact Fees include but not limited
to: Fire Facility Impact Fee, Library Capital Improvement Fund Fee, ), Multiple
Species Habitat Conservation Plan fees (MSHCP), Park Capital Improvement
Applicants Initials Page 9 of 27
Fund Fee, Public Building Impact Fees, Stephens Kangaroo Rat Habitat Fee,
Storm Drain Capital Improvement Fund Fee, Traffic Infrastructure Fee (TIF), and
Transportation Uniform Mitigation Fee (TUMF) .
55. Mitigation Fees will be assessed at the prevailing rate at time of payment in full.
FLOOD PLAIN
56. Site development along the wetlands shall require special grading and erosion
control requirements (LEMC Title 15)
57. Project lies within a FEMA mapped special flood hazard zone and within the
Floodplain Management area as defined at LEMC 15.68.
58. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish
floor elevation of all existing non - permitted (buildings put in place subsequent to
the original CUP) and future buildings shall be a minimum of 1267 ft. Any fill placed
in the 100 -year flood plain for the purposes of elevating the building floor out of the
flood plain shall require a CLOMR/CLOMR -F and LOMR/LOMR -F to be processed
with FEMA.
59. No improvement shall be made upon all lands below the 1265 ft elevation level in
the FEMA mapped Lake Elsinore flood plain southeasterly of the Lake levee and
no artificial change in the topography in the surface of said lands shall be made
(except terracing and soil conservation measures) without first complying with all
applicable local, State and Federal laws, rules and regulations and Section 404 of
the Clean Water Act. LEMC 15.68.052
60. Meet all requirements of LEMC 15.64 regarding flood hazard regulations to include
elevation of the lowest floor a minimum of 2 feet above the base flood elevation in
FEMA mapped special flood hazard areas (100year).
61. Provide written approval of construction activity within the wetlands from the U.S.
Department of Fish and Game and U.S. Army Corp of Engineers.
62. The project is responsible for complying with the Santa Ana Region NPDES
Permits as warranted based on the nature of development and /or activity. These
Permits include:
a)
General Permit - Construction
b)
General Permit - Industrial
c)
Scrap Metal
d)
Deminimus Discharges
e)
MS4
Applicants Initials: Page 10 of 27
63. The project shall complete and submit for review and approval to the Engineering
Division BOTH a preliminary and final WQMP, incorporating the LID Principles and
Stormwater BMPs.
64. The preliminary WQMP shall be approved prior to scheduling for Planning
Commission; the final WQMP shall be approved prior to issuance of any grading
or building permit.
65. The applicant shall use the Water Quality Management Plan for the Santa Ana
Region of Riverside County guidance document and template for WQMP
preparation.
66. 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:
a) Detailed site and project description
b) Potential stormwater pollutants
c) Post - development drainage characteristics
d) Low Impact Development (LID) BMP selection and analysis
e) Structural and Non - Structural source control BMPs
0 Site design and drainage plan (BMP Exhibit)
g) Vector issues are addressed in the BMP design, operation and
maintenance.
h) GIS coordinates for all LID and Treatment Control BMPs
i) 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.
67. 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)
a) Evaluation of highest and best use for sites discharging to Lake Elsinore.
b) Preventative measures (these are mostly non - structural measures, e.g.,
preservation of natural features to a level consistent with the MEP standard;
Applicants Initials . Page 11 of 27
minimization of Urban Runoff through clustering, reducing impervious
areas, etc.)
c) The Project shall 'Infiltrate, harvest and use, evapotranspire and/or bio -treat
the 85th percentile storm event also known as the Design Capture Volume
(DCV).
d) The Project shall consider a properly engineered and maintained bio-
treatment system only if infiltration, harvesting and use and
evapotranspiration cannot be feasibly implemented at the project site.
e) Any portion of [the DCV] that is not infiltrated, harvested and used,
evapotranspired, and /or biotreated shall be treated and discharged in
accordance with the requirements set forth in Section XII.G.
68. Parking lot landscaping shall be designed to with concave landscape grading and
provide for treatment, retention or infiltration of runoff.
69. Project hardscape areas shall be designed and constructed to provide for drainage
into adjacent landscape and permeable surfaces in low traffic roads and parking
lots.
70. Trash enclosures shall be bermed and covered.
71. Water Quality Facilities that service more than one parcel shall be placed in an
easement to provide for maintenance and prevent obstruction.
72. 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.
73. California Environmental Quality Act (CEQA) — If the environmental documents
prepared pursuant to CEQA identify resources requiring Clean Water Act Section
401 Permitting, the applicant shall obtain certification through the Santa Ana
Regional Water Quality Control Board and provide a copy to the Engineering
Division.
74. The project shall use either volume -based and/or flow -based criteria for sizing
BMPs in accordance with NPDES Permit Provision XII.D.4.
CONSTRUCTION:
75. A Stormwater Pollution Prevention Plan (SWPPP) is required for this project. A
copy of the current SWPPP shall be kept at the project site and be available for
review upon request.
Applicants Initials _ Page 12 of 27
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, California
Building Code, 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.
POST CONSTRUCTION:
76. Recorded Operation and Maintenance (0 &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; (3) describes the mechanism for funding the
long -term operation and maintenance of the referenced BMPs, and (4) provides
for annual certification of water quality facilities by a registered civil engineer and /or
the City for a fee if the service is available.
77. All 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.
78. Prior to the issuance of a certificate of use and /or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits for construction,
industrial /commercial, MS4, etc. to include:
a) Demonstrate that all structural Best Management Practices (BMP's)
described in the BMP Exhibit from the project's approved WQMP have
been implemented, constructed and installed in conformance with
approved plans and specifications.
b) Demonstrate that the project has complied with all non - structural BMPs
described in the project's WQMP.
c) Provide signed, notarized certification from the engineer of work that the
structural BMP's identified in the project's WQMP are installed and
operational.
d) Submit a copy of the fully executed, recorded Operations and
Maintenance (0 &M) Plan for all structural BMPs.
e) Demonstrate that copies of the project's approved WQMP (with recorded
O &M Plan attached) are available for each of the initial occupants
(commercial /industrial) or Owner's Association as appropriate.
Applicants Initials: _, W Page 13 of 27
f) Agree to pay for a Special Investigation from the City of Lake Elsinore for
a date twelve (12) months after the issuance of a Certificate of Use and /or
Occupancy for the project to verify compliance with the approved WQMP
and 0 &M Plan. A signed /sealed certification from the engineer of work
dated 12 months after C of 0 will be considered in lieu of a Special
Investigation by the City.
g) Provide a recorded copy of one of the following:
i) CC &R's (they must include the approved WQMP and O &M Plan)
for the project's Owners Association.
ii) A water quality implementation agreement with the approved
WQMP and O &M Plan attached; or
iii) The final approved Water Quality Management Plan and
Operations and Maintenance Plan.
79. Industrial Facilities - For industrial facilities subject to California's General Permit
for Stormwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) Code.
80. Prior to grading or building permit close -out and /or the issuance of a certificate of
use and occupancy, 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
notification of the issuance of a Waste Discharge Identification (WDID) Number or
other proof of filing to the satisfaction of the NPDES Coordinator.
81. Chemical management - Prior to the issuance of building permits for any tank or
pipeline, the uses of said tank or pipeline shall be identified and the applicant shall
submit a Chemical Management Plan in addition to a WQMP with all appropriate
measures for chemical management (including, but not limited to, storage,
emergency response, employee training, spill contingencies and disposal).
PARCEL MAP
82. The developer shall submit for plan check review and approval a final map.
83. Prior to City Council approval of the Parcel 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
Applicants Initials: .L Page 14 of 27
84. 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 property
owner's agent.
85. All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of
the Lake Elsinore Municipal Code (LEMC)
86. 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.
87. 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).
88. The developer shall submit a copy of the "Will Serve" letter to the City Engineering
Division from the applicable water agency stating that water and sewer
arrangements have been made for this project and specify the technical data for
the water service at the location, such as water pressure and volume etc.
IMPROVEMENTS
DESIGN
89. Sight distance into and out of the project location shall comply with CALTRANS
Standards.
90. The developer shall install permanent bench marks per City of Lake Elsinore
Standards and at locations to be determined by City Engineer.
91. The developer shall install blue dot markers in the roadway at a right angle to Fire
Hydrant locations per Lake Elsinore Standards.
92. The developer shall coordinate with Riverside Transit Authority for location and
installation of bus transit facilities.
93. 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 either of these criteria
are exceeded, drainage facilities shall be provided.
94. All drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards.
Applicants Initials: Page 15 of 27
95. 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. T *--~' age sy��+ew,-�. designed to ensure t }}het
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noon v�aiiraxro s r u nr1
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hydrologic anal sis that computes pre and 12ost development hydrology for the 24-
hr Design Storm event with a 2 r return period is required. The project post-
construction runoff volume and time of concentration must show a 5% or less
increase over the re- construction runoff, or show a post-development h drogragh
of no more than 110% of the pre development 2 r, 24hr peak flow. (Modified by
the City Council on 10/25/16)
96. 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.
97. Roof drains shall not be allowed to outlet directly through coring in the street curb.
Roofs should drain to a landscaped area.
98. The site shall be planned and developed to keep surface water from entering
buildings (California Green Building Standards Code 4.106.3).
99. All existing storm drain inlet facilities adjacent to the subject properties shall be
retrofitted with a storm drain filter, all new storm drain inlet facilities constructed by
this project shall include a storm drain filter.
100. 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.
101. The owner shall dedicate in fee title to the City a strip of right -of -way along
Diamond Drive adjacent to the property frontage for a total right -of -way of 50' wide
from centerline to the project property line.
102. The owner shall dedicate an irrevocable access easement across the northerly
driveway extending to the northerly parcel for public use.
103. The developer shall construct full street improvements and dedicate right -of -way
on Diamond Drive such that the ultimate right -of -way width conforms to General
Plan right -of -way cross sections. The cross section of roadway improvements with
a raised median (if applicable and if applicable, developer shall pay cash -in -lieu of
Applicants Initials: V rage 16 of 27
construction of 1/2 the raised median), parkway, street lights, bike lane, and curb,
gutter and sidewalk, shall be consistent with other development on Diamond Drive,
as recommended by the City. The road improvements shall be consistent with the
Traffic Analysis (revised) dated July 28, 2016 and the General Plan Circulation
Plan.
104. The developer shall implement mitigation measures identified in the Traffic
Analysis dated July 28th, 2016, as specified in Section 10 of this Study to the
satisfaction of the City Engineer.
105. The developer shall install a traffic signal at the Diamond Drive and Pete Lehr
intersection. The traffic signal shall be installed and operational prior to the
issuance of the final occupancy.
106. 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.
107. 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.
108. If existing improvements are to be modified, the existing improvement plans on file
shall be modified accordingly and approved by the City Engineer prior to issuance
of building permit.
- ERMITTI NG /CO N STR U CTI O N
109. 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.
110. All 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.
111. The developer shall be responsible for acquiring right -of -ways in which the
developer or the City has no legal title or interest.
112. 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.
Applicants Initials WIZ Page 17 of 27
ACCEPTANCE OF IMPROVEMENTS
113. The developer shall participate in "fair share" payment of offsite improvements as
described in Section 11 of the Traffic Analysis dated July 28, 2016 to the
satisfaction of the City Engineer, if the offsite improvements are not subject to
TUMF or established City of Lake Elsinore fees.
114. A portion of the required improvements for this development may be covered under
the Traffic Impact Fee (TIF) 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.
115. The developer shall submit a written request for acceptance to the City Engineer.
116. As -built plans shall be completed and signed by the City Engineer.
GRADING
DESIGN:
117. 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 .
118. All grading plan contours shall extend to minimum of 50 feet beyond property lines
to indicate existing drainage pattern.
119. The grading plan shall show that no structures, landscaping, or equipment are
located near the project entrances that could reduce sight distance.
120. 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.
121. 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.
Applicants Initials "t! Page 18 of 27
122. The developer shall obtain all necessary off -site easements and /or permits for off -
site grading and the applicant shall accept drainage from the adjacent property
owners.
PERMIT /CONSTRUCTION:
123. Developer shall execute and submit grading and erosion control agreement, post
grading security and pay permit fees as a condition of grading permit issuance.
124. A preconstruction meeting with the City Public Works Inspector (Engineering
Division) is required prior to commencement of ANY grading activity.
125. 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
126. 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 import 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)
127. Export sites located within the Lake Elsinore City limits must have an active
grading permit.
128. 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.
129. All grading shall be done underthe 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.
130. Review of the project Storm Water Pollution Prevention Plan ( SWPPP) and
sediment and erosion control plan shall be completed. A copy of the current
SWPPP shall be kept at the project site and be available for review upon request.
131. Approval of the project Water Quality Management Plan (WQMP) for post
construction shall be received prior to issuance of a grading permit.
Applicants Initials _ _ ____ Page 19 of 27
132. Submit an approved environmental clearance document to the Engineering
Division. This approval shall identify and clear all proposed grading activity
anticipated for this project.
133. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in an applicable development
agreement, Stephens Kangaroo Rat Habitat.
PRIOR TO ISSUANCE OF BUILDING PLIRMIT
134. Provide final soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls prior to building permit.
135. Approval of a left of rr,on re. ioir.n JI J'111A171 OF IGttC� e� rnu�r����i {f�- on4ll
(I•F''" MR F) mu-, be -rL ,� Gn+*E -NIX Prior to the issuance of a_ building permit
app_r_oval_ of a Conditional Letter of Map Revision (CLOMR) must be received from
FEMA. (Modified by the City Council on 10/25/16)
136. All required public right -of -way dedications and easements shall be prepared by
the developer or developer's agent and shall be submitted to the Engineering
Division for review and approval prior to issuance of building permit.
137. 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).
138. The Parcel Map shall be recorded.
139. All street improvement plans, traffic signal plans, signing and striping plans shall
be completed and approved by the City Engineer,
140. The developer shall pay all Capital Improvement TIF and Master Drainage Fees
and Plan Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
141. Prior to the issuance of a Certificate of Occupancy approval of a letter of map
revision (LOMR) or letter of map revision based on fill (LOMR -F) must be received
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from FEMA. (Modified by the City Council on 10/25/16)
142. The traffic signals referenced in Condition of Approval No. 58 shall be installed per
the Traffic Analysis (revised) dated July 28, 2016 to the satisfaction of the City
Engineer.
143. 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.
144. The fair share cost of future improvements as a condition of this development shall
be paid.
145. All final studies and reports, grade certifications, monument certifications (with tie
notes delineated on 8 % 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. All plan sets and recorded maps shall be digitized and
provided on CD /DVD as follows:
a) Final Map(s) - GIS Shape files" and .tif of recorded map.
b) Improvement Plans — GIS Shape files* and .tif of approved as built mylar.
c) Grading Plans - .tif of approved as built mylar.
d) *GIS Shape files must be in projected Coordinate System: NAD 83 State
Plane California Zone VI U.S. Fleet.
146. Developer shall provide FEMA elevation certificates for all buildings (includes
trailers and storage facilities) prior to final approvals. If a LOMR -F has been
processed and approved by FEMA, the letter of determination and certification may
be in the form of a letter signed and sealed by a licensed civil engineer.
147. All required public right -of -way dedications, easements, dedications and vacations
and easement agreement(s) not processed on the final map for ingress and egress
through adjacent property(ies)shall be recorded with a recorded copy provided to
the City prior to building permit issuance.
148. Documentation of responsibility for slope maintenance along right -of -ways and
open spaces to be maintained by the property owner or other entity shall be
provided in a recordable format and recorded prior to occupancy /final.
149. All signing and striping and traffic control devices onsite and offsite shall be
installed.
150. The developer shall pay fee in -lieu of construction of future median improvements
on Diamond Drive and Mission Trail. The fee shall be equal to current cost
estimate for improvements (including contingency) plus an additional 15% of the
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total construction cost estimate to cover design and administrative costs. The cost
estimate shall be approved by City staff.
151. 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.
152. Prior to grading or building permit close -out and /or the issuance of a certificate of
use or a certificate of occupancy, developer shall:
a) Demonstrate that all structural BMPs have been constructed, installed and
are functioning in conformance with approved plans and specifications and
the WQMP;
b) Demonstrate that they are prepared to implement all non - structural BMPs
included in the conditions of approval or building /grading permit conditions;
c) Demonstrate that an adequate number of copies of the approved project
specific WQMP are available for the future owners /occupants; and
d) The developer shall provide all education guidelines for Water Quality
Management Practices to the tenants, operators and owners of the
businesses of the development, regarding the environmental awareness on
good housekeeping practices that contribute to protection of storm water
quality and meet the goals of the approved WQMP in the Riverside County
NPDES Drainage Area Management Plan. Contact the City NPDES
Coordinator for handout/guideline information.
153. The property owner (aka Legally Responsible Party) shall execute and cause to
be recorded a "Covenant and Agreement" in the form provided by the City to
inform future property owners of the requirement to implement the approved final
project- specific WQMP.
154. Developer shall pay all outstanding applicable processing and development impact
fees, including but not limited to: Fire Facility Impact Fee, Library Capital
Improvement Fund Fee, ), Multiple Species Habitat Conservation Plan fees
(MSHCP), Park Capital Improvement Fund Fee, Public Building Impact Fees,
Stephens Kangaroo Rat Habitat Fee, Storm Drain Capital Improvement Fund Fee,
Traffic Infrastructure Fee (TIF), and Transportation Uniform Mitigation Fee (TUMF)
CITY OF LAKE ELSINORE FIRE MARSHAL
GENERAL CONDITIONS
155. Riverside County Fire Department Lake Elsinore Office of the Fire Marshal -
It is the responsibility of the recipient of these Fire Department conditions to
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forward them to all interested parties. The permit number (as it is noted above)
is required on all correspondence.
Questions should be directed to the Riverside County Fire Department, Lake
Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530.
Phone: (951) 671 -3124 Ext. 225. The following fire department conditions shall be
implemented in accordance with the Lake Elsinore Municipal Code and the
adopted codes at the time of project building plan submittal, these conditions are
in addition to the adopted code requirements.
156. Blue Dot Reflectors- Blue retro - reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
Prior to installation, placement of markers must be approved by the Riverside
County Fire Dept.
157. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 3,000 GPM for
2 hours duration at 20 PSI residual operating pressure, which must be available
before any combustible material is placed on the job site. Average spacing
between hydrants 400' and 225' maximum distance from any point on the street or
road frontage to hydrant.
158. Super Fire Hydrants- Super fire hydrants (6" x 4" x 2 -2 1/2 "), shall be located not
less than 25 feet or more than 250 feet from any portion of the building as
measured along approved vehicular travel ways.
159. Minimum Access Standards- The following access requirements are required to
be implemented to ensure fire department and emergency vehicular access. All
roadways shall conform to the City of Lake Elsinore approved roadway standards
but in no case shall the minimum fire department vehicular access be less the
following provisions:
a) Thirty feet (30') clear width. Where parking is to be provided, each parking
side shall be provided with eight (8') additional feet on each side of the fire
department access.
b) Median openings or crossovers between opposing lanes of a divided
highway or street shall be located only at approved intersections at intervals
of not less than 500 feet. [Ord. 529 § 3.2(F), 19731.
c) The required all weather vehicular access shall be able to support no less
than 75,000 lbs. over 2 axles.
d) Roadway gradient shall not exceed 15% on any access road, driveways,
and perimeter roads.
e) Turning Radius shall be 28' inside and 48' outside for all access roads.
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160. Secondary Access- In the interest of Public Safety, this project shall provide an
Alternate or Secondary Access. Said access shall be constructed in accordance
to the City of Lake Elsinore Engineering Department standards to accommodate
full fire response and community evacuation.
161. Automatic / Manual Gates- Gate entrances shall be at least two feet wider than
the width of the traffic lane (s) serving that gate and no less than 24 feet wide. Any
gate providing access from a road to a driveway shall be located at least 35 feet
from the roadway and shall open to allow vehicle to stop without obstructing traffic
on the road. Where a one -way road with a single traffic lane provides access to a
gate entrance, a 40 foot turning radius shall be used. Gate access shall be
equipped with a rapid entry system. Plans shall be submitted to the Fire
Department for approval prior to installation. Automatic/manual gate pins shall be
rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be
equipped with emergency backup power. Gates activated by the rapid entry
system shall remain open until closed by the rapid entry system. Contact the Fire
Planning office for current plan check fees.
162. Separation of Occupancy- A fire barrier wall for the separation of occupancies is
required per the California Building Code. Fire walls, fire barriers, fire partitions,
smoke barriers, and smoke partitions or any other wall required to have protected
openings or penetrations shall be effectively and permanently identified with signs
or stenciling. Such identification shall be located in accessible concealed floor,
floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the
wall, and include lettering not less than .5 inch in height, incorporating the
suggested wording °FIRE AND /OR SMOKE BARRIER -- PROTECT ALL
OPENINGS," or other wording.
PRIOR TO BUILDING PERMIT ISSUANCE
163. Plan Check Fee- Building plan check fees shall be made payable to the "City of
Lake Elsinore ", and shall be submitted to the Fire Department at the time of plan
submittal.
164. Water System Plans- Applicant and /or developer shall submit 2 sets of water
system plans to the Fire Department for review. The plans must be signed by a
registered Civil Engineer and /or water purveyor prior to Fire Department review
and approval. Mylars will be signed by the Fire Department after review and
approval. Two (2) copies of the signed and approved water plans shall be returned
to the Fire Department before release of a building permit.
155. Prior to Building Construction Verification- This project shall be inspected and
approved by the Fire Marshal or designee prior to bringing combustible materials
on site. During said inspection all permanent road signs shall be in place, all
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hydrants shall on operating and approved for use by the water purveyor, and all
permanent road surfaces shall be completed including primary and secondary
access circulation.
PRIOR TO BUILDING FINAL INSPECTION
166. Fire Sprinkler System 13- Install a complete fire sprinkler system designed in
accordance with California Building Code, California Fire Code and adopted
standards. Sprinkler systems with pipe sizes larger than 4 inches in diameter will
require the Engineer or Architect of Record certification with details and
calculations with "wet signature" that the building structural system is designed to
support the seismic and gravity loads for the support of the additional weight of the
sprinkler system. The PIV and FDC shall be located to the front of the building in
an approved location, unobstructed and within 50 feet of an approved road or
driveway, within 200 feet of a hydrant. A C -16 licensed contractor must submit
plans, along with the current fee, to the Fire Department for review and approval
prior to installation.
167. Evacuation/Voice Fire Alarm System- Install a manual and /or automatic
emergency voice /alarm communication fire alarm system in accordance with
California Building Code, California Fire Code and adopted standards. The location
of the Fire Alarm Control Unit shall be located in an environmentally controlled
location in accordance with NFPA 72. A C -10 licensed contractor must submit
plans, along with the current fee, to the Fire Department for review and approval
prior to installation.
168. Designated Fire Lanes- The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required fire lanes with
appropriate lane painting and/ or signs.
169. Knox Rapid Entry Box- A rapid entry Knox Box shall be installed on the outside
of the building. Key(s) shall have durable and legible tags affixed for identification
of the correlating tenant space. Special forms are available from this office for
ordering the Knox Box. If the building /facility is protected with a fire alarm or burglar
alarm system, it is recommended that the lock box be "tamper" monitoring.
170. Fire Extinguishers — Minimum Install portable fire extinguishers complying with
Section 906 of the 2013 California Fire Code with a minimum rating of 2A -1013C
and signage. Fire Extinguishers located in public areas shall be in recessed
cabinets mounted 48" (inches) to center above floor level with maximum 4"
projection from the wall. Contact Fire Dept. for proper placement of equipment prior
to installation.
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171. Hood /Duct Suppression System- A UL 300 hood /duct fire extinguishing system
must be installed over the cooking Equipment as required by the California Fire
Code, California Mechanical Code and adopted standards. The extinguishing
system must automatically shut -down gas and /or electricity to all cooking
appliances upon activation. A C -16 licensed contractor must submit plans, along
with the current fee, to the Fire Department for review and approval prior to
installation. Alarm system supervision is only required if the building has an
existing fire alarm system.
DEPARTMENT OF ADMINISTRATIVE SERVICES
172. Prior to the issuance of the first building permit, the applicant shall consent to the
formation of Community Facilities District or annex into the proposed Community
Facilities District No. 2015 -2 (Maintenance Services) to fund the on -going
operation and maintenance of the public right of way landscaped areas and
neighborhood parks to be maintained by the City and for street lights in the public
right of way for which the City will pay for electricity and a maintenance fee to
Southern California Edison, including parkways, open space and public storm
drains constructed within the development and federal NPDES requirements to
offset the annual negative fiscal impacts of the project. Applicant shall, make a ten
thousand dollar ($10,000) non - refundable deposit to cover the cost of the formation
or annexation process, as applicable. The applicant may propose alternative
financing mechanisms to fund the on -going operation and maintenance of the
public right of way landscaped areas and neighborhood parks to be maintained by
the City and for street lights in the public right of way for which the City will pay for
electricity and a maintenance fee to Southern California Edison, including
parkways, open space and public storm drains constructed within the development
and federal NPDES requirements to offset the annual negative fiscal impacts of
the project in lieu of creating /annexing into a district.
MITIGATION_ MONITORING AND REPORTING PROGRAM
173. The applicant shall comply with the following mitigation measures, which are set
forth in the Mitigation Monitoring & Reporting Program (MMRP) for the Diamond
Specific Plan EIR (SCH# 2009031084) and the first addendum, which was adopted
for this project.
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the
above named project and do hereby agree to accept and abide by all Conditions of
Approval as approved by the City of Lake Elsinore City Council on . I also
acknowledge that all Conditions shall be met as indicated.
Date:
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Applicant's Signature:
Print Name:
Address:
P o Box 2283
Phone Number:
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