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Home My WebLink AboutPacketCity Council City of Lake Elsinore Regular Agenda 183 North Main Street Lake Elsinore, CA 92530 Robert Magee, Mayor Natasha Johnson, Mayor Pro Tem Daryl Hickman, Council Member Steve Manos, Council Member Brian Tisdale, Council Member Cultural Center7:00 PMTuesday, February 14, 2017 CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM The City of Lake Elsinore appreciates your attendance. Citizens’ interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City ’s website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk ’s Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CITY VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. Page 1 City of Lake Elsinore Printed on 2/9/2017 February 14, 2017City Council Regular Agenda CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION 1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957(B)):City Clerk 2) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: APN 373-023-026 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Estate of Mamie Miller Hunt Under negotiation: Price and terms of payment 3) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: APN 377-231-028 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Fortunata Cruz Under negotiation: Price and terms of payment 4) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1608797 5) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1611695 PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION – MOMENT OF SILENCE ROLL CALL CLOSED SESSION REPORT PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) CONSENT CALENDAR Page 2 City of Lake Elsinore Printed on 2/9/2017 February 14, 2017City Council Regular Agenda (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 1)Warrant List dated December 15 and 29, 2016, and January 12 and 26, 2017 Recommendation:Receive and file. Warrant List - SR Warrant Summary - Exhibit A 12/15/16 Warrant Listing - Exhibit B 12/15/16 Warrant Summary - Exhibit C 12/29/16 Warrant Listing - Exhibit D 12/29/16 Warrant Summary - Exhibit E 1/12/17 Warrant Listing - Exhibit F 1/12/17 Warrant Summary - Exhibit G 1/26/17 Warrant Listing - Exhibit H 1/26/17 Attachments: 2)Minutes of the Regular Meetings of January 10th and 24th; and the Adjourned Meeting of January 23, 2017 Recommendation:Approve the minutes. 1-10-2017 CC 1-24-2017 CC 1-23-2017 CC Adjourned Attachments: 3)Final Map 31920-11, CalAtlantic Homes Recommendation:1. Approve Final Map No. 31920-11 subject to the City Engineer’s acceptance as being true and correct; and, 2. Authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 31920-11. Final Map 31920-11-SR.doc Final Map 31920-11-Exhibit A Vicinity Map.pdf Final Map 31920-11-Exhibit B Index Map.pdf Attachments: 4)Naming of a City Park, Christensen Park Community Park Recommendation:Approve the naming for the 5.74 acre park site located in the Canyon Hills Specific Plan to Christensen Community Park . Christensen Park - Staff Report Christensen Park - Exhibit A Conceptual Park Design Christensen Park - Exhibit B Public Facilities Naming Policy Attachments: 5)Final Maps 28214-6, 7, and 8, KB Homes Recommendation:1. Approve the Final Maps subject to the City Engineer’s acceptance as being true and correct; and, 2. Authorize the City Clerk to sign the map and arrange for the recordation of the Final Maps. Page 3 City of Lake Elsinore Printed on 2/9/2017 February 14, 2017City Council Regular Agenda Final Map 28214-6, 7, 8 - SR.doc Final Map 28214-6, 7, 8 - Exhibit A Vicinity Map.pdf Final Map 28214-6, 7, 8 - Exhibit B Index Maps.pdf Attachments: 6)Planning Application No. 2016-107 (Cottage Lane) - A Request by Frontier Communities for the Approval of Building Design and Construction of 41 Single-Family Residential Units. Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-107 (RESIDENTIAL DESIGN REVIEW NO. 2016-25) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2016-107 (RESIDENTIAL DESIGN REVIEW NO. 2016-25) PROVIDING BUILDING DESIGNS FOR 41 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT MAP NO. 32996, LOCATED WITHIN THE COTTAGE LANE SPECIFIC PLAN. PA 2016-107 - SR PA 2016-107 - Exhibit A MSHCP Resolution PA 2016-107 - Exhibit B RDR Resolution PA 2016-107 - Exhibit C CofA PA 2016-107 - Exhibit D Vicinity Map PA 2016-107 - Exhibit E Aerial Map PA 2016-107 - Exhibit F Design Review Package Attachments: 7)Planning Application No. 2016-93: A Request by CalAtlantic Homes for the Approval of Building Design and Construction of 59 Single-Family Residential Units Ranging in Size from 2,300 Square Feet (SF) to 3,200 SF Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-93 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2016-93 PROVIDING BUILDING DESIGNS FOR 59 SINGLE FAMILY RESIDENTIAL UNITS RANGING IN SIZE FROM 2,300 SF TO 3,200 SF LOCATED WITHIN TRACT 31920-11 OF THE SUMMERLY DEVELOPMENT OF THE EAST LAKE SPECIFIC PLAN (APN: 371-040-013) PA 2016-93 - SR PA 2016-93 - Exhibit A MSHCP Resolution PA 2016-93 - Exhibit B RDR Resolution PA 2016-93 - Exhibit C CofA PA 2016-93 - Exhibit D Vicinity Map PA 2016-93 - Exhibit E Aerial Map PA 2016-93 - Exhibit F Design Review Package Attachments: Page 4 City of Lake Elsinore Printed on 2/9/2017 February 14, 2017City Council Regular Agenda 8)Three-Year Agreement with Environmental Systems Research Institute (ESRI) for Geographic Information System (GIS) to an Enterprise Software License Agreement Recommendation:Authorize the City Manager to execute the agreement on an unlimited basis including maintenance for the firm, three-year commitment in an annual amount of $50,500, totaling $151,500.00. ESRI Agreement - SR ESRI License Agreement - Exhibit A Attachments: 9)Agreement with Spicer Consulting Group, LLC (SCG) for Geographic Information System (GIS) for Consulting and Support Services Recommendation:Authorize the City Manager to execute the agreement in the amount of $62,900. Spicer - SR Spicer - Exhibit A Agreement Spicer - Exhibit B Proposal Attachments: 10)Agreement with Albert A. Webb (Webb) for Engineering and Design Services on the Downtown Parking Lot Project Recommendation:Authorize the City Manager to execute the agreement in the amount of $72,556. Webb Parking Lot Agreement -SR Webb - Exhibit A Agreement Webb - Exhibit B Proposal Attachments: 11)First Amendment to the Professional Services Agreement (PSA) with Engineering Resources of Southern California Inc. for the Civil Engineering Services at La Laguna RV Resort Rehabilitation Project. Recommendation:Authorize the City Manager to execute the amendment to the PSA dated May 31, 2016, in the amount of $42,340.00. Engineering Resources - SR Engineering Resources - Exhibit A Agreement Engineering Resources - Exhibit B Amendment Engineering Resources - Exhibit C Proposal Attachments: 12)County Service Area 152, Setting the Benefit Assessment Unit Rate for Fiscal Year 2017-18 for the City of Lake Elsinore to Fund the City’s National Pollutant Discharge Elimination System (NPDES) Permit Compliance Activities Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2017-18 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM CSA 152 - SR CSA 152 - Reso Attachments: PUBLIC HEARING(S) Page 5 City of Lake Elsinore Printed on 2/9/2017 February 14, 2017City Council Regular Agenda 13)Planning Application 2016-109 (MaKenna Court): Extension of Time for Tentative Parcel Map No. 33486 Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A THREE-YEAR EXTENSION OF TIME TO FEBRUARY 28, 2020, FOR TENTATIVE PARCEL MAP NO. 33486 PA 2016-109 - SR PA 2016-109 - Exhibit A Reso PA 2016-109 - Exhibit B CofA PA 2016-109 - Exhibit C Vicinity Map PA 2016-109 - Exhibit D Aerial Map PA 2016-109 - Exhibit E Tentative Tract 33486 Attachments: 14)Planning Application 2016-04 (Diamond Sports Complex): A Proposed Development Agreement for an Approximately 520,000 Square Foot Indoor Commercial Sports Facility on 23.12 Acres of Disturbed Vacant Land Recommendation:adopt 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 PA 2016-04 - Staff Report PA 2016-04 - Exhibit A DA Ordinance PA 2016-04 - Exhibit B Development Agreement PA 2016-04 - Exhibit C Vicinity Map PA 2016-04 - Exhibit D Aerial Map Attachments: 15)Amended and Restated Alberhill Villages Specific Plan (SP No. 2010-02), Development Agreement (DA 2016-02), and Addendum to Final Environmental Impact Report (SCH # 2012061046) Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN (SCH NO. 2012061046) AND RELATED DEVELOPMENT AGREEMENT; and, introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN NO. 2010-02; and, introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING GENERAL PLAN CONSISTENCY AND APPROVING A DEVELOPMENT AGREEMENT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN Page 6 City of Lake Elsinore Printed on 2/9/2017 February 14, 2017City Council Regular Agenda AVSP - SR AVSP - Exhibit A Resolution - Addendum to FEIR AVSP - Exhibit B Ord. Amended AVSP - Exhibit C Ord. Development Agreement AVSP - Exhibit D Vicinity Map AVSP - Exhibit E Land Use Comparison Map AVSP - Exhibit F Addendum to FEIR AVSP - Exhibit G Amended and Restated AVSP February 2017_020817 AVSP - Exhibit H Development Agreement Attachments: BUSINESS ITEM 16)Smoking in Certain Public Areas Ordinance Recommendation:Introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING MUNICIPAL CODE CHAPTER 8, SECTION 14, SMOKING IN CERTAIN PUBLIC AREAS Smoking - SR Smoking - Exhibit A Ordinance Attachments: RECESS The meeting will recess to the Successor Agency meeting. PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) CITY COUNCIL COMMENTS CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to the Regular meeting of Tuesday, February 28, 2017, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at _________ p.m. on ______________ 2017. __________________________ Susan M. Domen, MMC City Clerk Page 7 City of Lake Elsinore Printed on 2/9/2017 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-066 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 1) Page 1 City of Lake Elsinore Printed on 2/9/2017 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by:Frances Ramirez, Account Specialist II Approved by:Jason Simpson, Assistant City Manager Date:February 14, 2017 Subject:Warrant List Dated December 15 & 29, 2016 & January 12 & 26, 2017 Recommendation Receive and file. Background and Discussion The Warrant List is a listing of all general checks issued since the prior Warrant List. Exhibits A. Warrant Summary 12/15/16 B. Warrant Listing 12/15/2016 C. Warrant Summary 12/29/2016 D. Warrant Listing 12/29/2016 E. Warrant Summary 1/12/2017 F. Warrant Listing 1/12/2017 G. Warrant Summary 1/26/2017 H. Warrant Listing 1/26/2017 DECEMBER 15, 2016 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND#FUND DESCRIPTION TOTAL 100 GENERAL FUND 2,729,363.45$ 110 GAS TAX 40,501.72 112 MEASURE A 19,429.12 130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 78,425.21 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 8,266.45 150 COMMUNITY DEVELOPMENT BLOCK GRANT 101.86 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION 22,901.81 305 INFORMATION SYSTEMS SERVICE 37,956.22 310 SUPPORT SERVICE 5,074.13 315 FLEET SERVICE 35,992.16 320 FACILITIES SERVICE 23,399.16 330 C.F.D. 2015-2 MAINTENANCE SERVICES 11,961.53 331 C.F.D. 2006-1CC SUMMERLY IMPROVEMENT AREA C 15,538.45 332 C.F.D. 2006-1B SUMMERLY IMPROVEMENT AREA B 538.45 333 C.F.D. 2015-4 TERRACINA DEBT SERVICE FUND 20,538.45 334 C.F.D. 2015-5 TRIESTE-FAR WEST INDUSTRIES 2,779.40 335 C.F.D. 2006-1FF SUMMERLY IMPROVEMENT AREA F 12,500.00 337 C.F.D. 2016-2 CANYON HILLS DEBT SERVICE FUND 12,500.00 343 C.F.D. 2006-2S VISCAYA SERVICES 384.61 344 C.F.D. 2005-2S ALBERHILL RANCH SERVICES 384.61 345 C.F.D. 2003-2D CANYON HILLS IMPROVEMENT AREA 4,360.20 347 C.F.D. 2006-1A SUMMERLY IMPROVEMENT AREA A 923.07 350 C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND 538.45 354 C.F.D. 90-2 TUSCANY HILLS DEBT SERVICE FUND 1,461.53 357 C.F.D. 2003-2A CANYON HILLS IMPROVEMENT AREA 692.30 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SVC FUND 553.80 367 C.F.D. 2006-1S SUMMERLY SERVICES 384.61 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 514.68 369 C.F.D. 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT 572.95 371 C.F.D. 2005-1 SERENITY DEBT SERVICE FUND 538.45 372 C.F.D. 2005-2A ALBERTHILL RANCH IMPROVEMENT 538.45 373 C.F.D. 2005-5 WASSON CANYON SERVICES 384.61 374 C.F.D. 2005-4 LAKEVIEW VILLAS DEBT SERVICE FUND 192.30 375 C.F.D. 2006-4 CLURMAN DEBT SERVICE FUND 192.30 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 384.61 377 C.F.D. 2006-6 TESSARA DEBT SERVICE FUND 230.76 378 C.F.D. 2006-8 RUNNING DEER ESTATES DEBT SVC FUND 230.76 384 C.F.D. 2003-2B CANYON HILLS IMPROVEMENT AREA 1,846.14 385 C.F.D. 2004-3 IA-2 ROSETTA CANYON IMPROVEMENT 791.05 386 C.F.D. 2007-4 MAKENNA COURT DEBT SERVICE FUND 7,730.76 387 C.F.D. 2007-5 RED KITE DEBT SERVICE FUND 384.61 389 C.F.D. 88-3 WEST LAKE ELSINORE SERIES A 1,496.03 390 C.F.D. 2003-2 CANYON HILLS IMPROVEMENT AREA 1,384.61 392 C.F.D. 95-1 CIVIC CENTER DEBT SERVICE FUND 538.45 393 A.D. 93-1 COTTONWOOD HILLS DEBT SERVICE FUND 1,461.53 394 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 384.61 500 CAPITAL IMPROVEMENT PLAN 1,239,395.19 620 COST RECOVERY TRUST DEPOSITS 83,435.17 650 DESTRATIFICATION EQUIPMENT REPLACEMENT 538.45 651 C.F.D. 2006-5S PARK, OPEN SPACE & STORM DRAIN 384.61 652 C.F.D. 2007-1S LAW,FIRE, PARAMEDIC SERVICES 384.61 653 C.F.D. 2009-1S PARK,OPEN SPACE, STREET LIGHTING 384.61 654 C.F.D. 2003-2 FIRE TAX SERVICES 538.45 655 C.F.D. 2015-1S LAW, FIRE, PARAMEDIC SERVICES 20,461.53 GRAND TOTAL 4,452,771.03$ Exhibit A 1 of 1 DECEMBER 15, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 104 SPICER CONSULTING GROUP 50,615.00 105 SPICER CONSULTING GROUP (1.00) 105 SPICER CONSULTING GROUP 1.00 106 SPICER CONSULTING GROUP 9,360.00 127936 VOID-SOCAL MATTRESS, LLC (4,580.00) 128097 ACTION GAS & WELDING SUPPLY 50.06 128098 ALBERT WEBB & ASSOCIATES 14,437.50 128099 ALL AMERICAN ASPHALT 26,163.00 128100 ALLEGRA MARKETING PRINT MAIL 214.17 128101 AMBER AIR CONDITIONING, INC.4,220.00 128102 AMERICAN FORENSIC NURSES, INC.260.00 128103 AMERICAN MATERIAL CO.395.91 128104 AMERICAN PLANNING ASSOCIATION 435.00 128105 CALIFORNIA STATE FIRE PROTECTION 1,672.22 128106 CALIFORNIA, DEPARTMENT OF JUSTICE 420.00 128107 CDW GOVERNMENT, INC.3,705.15 128108 COMPUTER ALERT SYSTEMS, INC.5,950.00 128109 COUNTY OF RIVERSIDE FIRE DEPARTMENT 918,792.19 128110 DISH NETWORK 105.30 128111 CAROLE DONAHOE 4,087.50 128112 DOWNS COMMERCIAL FUELING, INC.4,022.11 128113-128115 E. V. M. W. D.20,526.62 128116 ECONOMIC DEVELOPMENT CORPORATION 6,500.00 128117 ENDRESEN DEVELOPMENT, LLC 26,312.00 128118 ENDURING FITNESS 4U 36.00 128119 ENGINEERING RESOURCES OF SO CALIFORNIA 6,850.00 128120 EPD SOLUTIONS, INC.7,305.00 128121 EXCEL LANDSCAPE, INC.62,243.79 128122 EXPRESS DRY CLEANERS 283.48 128123 FALCON ENGINEERING SERVICES, INC.24,296.40 128124 FERGUSON WATERWORKS 117.72 128125-128126 FRONTIER CALIFORNIA, INC.2,703.01 128127 GREAT AMERICA FINANCIAL SERVICES 2,790.20 128128 GRIFFITH PLAYHOUSE 455.63 128129 HAZZARD BACKFLOW CO.250.00 128130 INLAND URGENT CARE, MEDICAL CORP.80.00 128131 J & S STRIPING COMPANY, INC.3,247.60 128132 KPA, LLC 4,576.00 128134 LEICA GEOSYSTEMS, INC.378.54 128135 LEISURE INTERACTIVE, LLC 51.54 128136 LIEBERT CASSIDY WHITMORE 112.00 128137 MANPOWER TEMP SERVICES 4,242.57 128138 MICHAEL PAUL MAPLES 34,701.00 128139 MCKERNAN, INC.11,344.90 128140 KNUTE NOLAND 540.00 128141 ONESOURCE DISTRIBUTORS, LLC 1,248.06 Exhibit B 1 OF 6 DECEMBER 15, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128142 JERRY OROZCO 75.00 128143 GUSTAVO POLETTI 48.00 128144 GENARO & MABLE PRATS 2,044.86 128145 THE PRESS ENTERPRISE 456.00 128146 PROSTAFF 11,388.96 128147 PROTECTION RESCUE SECURITY SERVICES 3,927.00 128148 PRUDENTIAL OVERALL SUPPLY 55.50 128149 RIGHTWAY SITE SERVICES, INC.6.88 128150 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 663.62 128151 ROBBINS PEST MANAGEMENT, INC.1,390.00 128152 ROBERT ROONEY -- MATCO TOOLS 60.42 128153 SCHINDLER ELEVATOR CORPORATION 4,201.00 128154 SHADE STRUCTURES, INC.168,243.30 128155 SIGNS BY TOMORROW 183.00 128156 SILVER & WRIGHT, LLP 3,115.46 128157-128161 SOUTHERN CALIFORNIA EDISON CO.10,829.27 128162 STAPLES BUSINESS ADVANTAGE 613.20 128163 STAPLES CREDIT PLAN 619.74 128164 STATEWIDE TOWING & RECOVERY 350.00 128165 SUN PAC CONTAINERS 85.00 128166 TASC 556.31 128167 TEAM AUTOAID, INC.118.12 128168 TIME WARNER CABLE 79.47 128169 UNITED PARCEL SERVICE 45.92 128170 UNITED TOWING, INC.1,830.00 128171 VCS ENVIRONMENTAL 12,371.25 128172 VENUS PRINTING 189.00 128173 VILLA LANDSCAPE PRODUCTS 1,250.96 128174 WAXIE SANITARY SUPPLY 1,205.29 128175 WILLIAMS BAIT & TACKLE, INC.9,564.00 128176 Z BEST BODY & PAINT SHOPS, INC.15,055.67 128177 I.C.M.A. RETIREMENT TRUST 18,753.07 128178 LIUNA LOCAL 777 586.50 128179 UNITED WAY - INLAND VALLEY 20.00 128180 ALBERT WEBB & ASSOCIATES 80,601.15 128181 MSA INLAND EMPIRE/DESERT CHAPTER 225.00 128182 ADVANTAGE VENDING SERVICES 1,780.56 128183 ALBERT WEBB & ASSOCIATES 763.20 128184 AMERICAN MATERIAL CO.6.46 128185 ANIMAL FRIENDS OF THE VALLEY 20,634.28 128186 BANK OF AMERICA, CITY 648.23 128187 BANK OF AMERICA, CITY 79.77 128188 BANK OF AMERICA, CITY 659.12 128189 BANK OF AMERICA, CITY 387.80 128190 BANK OF AMERICA, CITY 620.61 128191 CHRISTIAN BENEDICT 86.00 Exhibit B 2 OF 6 DECEMBER 15, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128192 BERGERABAM INC.288.00 128193 CAPITAL ONE COMMERCIAL 2,280.94 128194 CITY OF SAN JACINTO 2,777.78 128195 COUNTY OF RIVERSIDE, EXECUTIVE OFFICE 302,349.00 128196 CT&T CONCRETE PAVING, INC.198,636.92 128197 DENNIS JANDA, INC.6,890.00 128198 DIRECTV 208.78 128199 DM CONTRACTING, INC.16,181.52 128200 EARLY LEARNERS 8,561.25 128201 ENDRESEN DEVELOPMENT, LLC 52,534.89 128202 FRONTIER CALIFORNIA, INC.271.79 128203 GMS ELEVATOR SERVICES, INC.95.00 128204 GRANICUS, INC.5,373.60 128205 HDL HINDERLITER, DE LLAMAS & ASSOCIATES 3,274.72 128206 I.C.M.A. RETIREMENT TRUST 4,430.00 128207 IRON MOUNTAIN, INC.16.10 128208 JIM JENSEN 427.91 128209 JIVE COMMUNICATIONS, INC.2,218.27 128210 LAKE ELSINORE TIRE & AUTO, INC.170.64 128211 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 4,333.00 128213 LEGAL SHIELD 184.35 128214 LORENZ & JONES MARINE DIST.273.87 128215-128219 LOWE'S HOME CENTERS, INC.5,876.46 128220 MANPOWER TEMP SERVICES 1,349.44 128221 MCKERNAN, INC.5,588.21 128222 MICHAEL BAKER INTERNATIONAL, INC.4,949.87 128223 MILLENNIUM ALARM SYSTEMS, INC.55,099.55 128224 MORROW PLUMBING 103.00 128225 NTH GENERATION COMPUTING, INC.533.60 128226 OFFICE DEPOT, INC.657.10 128227 PREMIER PARTY & TENT RENTALS 1,403.26 128229 PRODUCTION VIDEO 3,750.00 128230 PROTECTION RESCUE SECURITY SERVICES 2,618.04 128231 REC1 184.66 128232 REGIONAL CONSERVATION AUTHORITY 2,033.56 128233 RICHARD'S BOAT CENTER, INC.13,309.92 128234 RIGHTIME HOME SERVICES 81.51 128235 RIGHTWAY SITE SERVICES, INC.382.06 128236 RIVERSIDE COUNTY RECORDER 23.00 128237 RIVERSIDE COUNTY SHERIFF, ACCOUNTING & FINANCE 795,667.00 128238 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 7,345.23 128239 ROBBINS PEST MANAGEMENT, INC.105.00 128240 ROW TRAFFIC SAFETY, INC.3,519.59 128241 JOANNE SHATSWELL 54.80 128242 SKYLINE SAFETY AND SUPPLY 2,953.77 128243 SOLARCITY 153.38 Exhibit B 3 OF 6 DECEMBER 15, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128244 SOLARMAX TECH 31.25 128245-128251 SOUTHERN CALIFORNIA EDISON CO.52,560.31 128252 SOUTHERN CALIFORNIA GAS CO.319.88 128253 SOUTHWEST FIRE PROTECTION: LAND MGMT 8,147.50 128254 STAPLES BUSINESS ADVANTAGE 157.45 128255 STAUFFER'S LAWN EQUIPMENT 183.59 128256 SUN CITY GRANITE, INC.2,724.84 128257 SUN PAC CONTAINERS 350.00 128258 SUNRUN, INC.145.50 128259 SUSTAINABLE CIVIL ENG SOLUTIONS, INC.11,880.00 128260 TEAM AUTOAID, INC.168.11 128261 TIME WARNER CABLE 242.80 128262 BRITTANY-ROSE TRIBULSKI 65.00 128263 UNITED PARCEL SERVICE 26.10 128264 VIVINT SOLAR DEVELOPER, LLC 291.00 128265 WAL-MART COMMUNITY 446.30 128266 WAXIE SANITARY SUPPLY 1,121.55 128267 WEST COAST ARBORISTS, INC.2,236.00 128268 WEST COAST SERVICES 565.00 128269 WESTERN RIVERSIDE COUNCIL OF GOVT'S 8,873.00 128270 WHEELER PAVING, INC.292,512.93 128271 WILLIAMS BAIT & TACKLE, INC.4,782.00 128272 X-FACTOR MARINE 674.40 128273 JOY ZEMBRUSKI 536.25 128274 AGUILAR CONSULTING, INC.38,493.33 128275 ALBERT WEBB & ASSOCIATES 48,324.45 128276 YARABITH BUENFIL 917.25 128277 BUREAU VERITAS NORTH AMERICA, INC.5,234.00 128278 BURKE, WILLIAMS & SORENSEN, LLP 620.86 128279 CALIFORNIA DEPARTMENT OF JUSTICE 160.00 128280 CDW GOVERNMENT, INC.118.98 128281 CENTURY LINK 46.40 128282 CHANDLER AGGREGATES, INC.20,919.54 128283 CODE PUBLISHING COMPANY 247.00 128284 COLD STAR, INC.7,430.40 128285 DEPT. OF TOXIC SUBSTANCE CONTROL 175.00 128286 CAROLE DONAHOE 1,087.50 128287 DUNBAR ARMORED, INC.309.53 128288-128289 E. V. M. W. D.11,786.07 128290 ENVIROMINE 16,224.52 128291 EPD SOLUTIONS, INC.9,975.00 128292 EWING 6,009.53 128293 FRONTIER CALIFORNIA - INTERNET 469.98 128294 FRONTIER CALIFORNIA, INC.374.38 128295 GALLS, LLC 177.76 128296 HARTZOG & CRABILL, INC.736.25 Exhibit B 4 OF 6 DECEMBER 15, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128297 HELLAS CONSTRUCTION, INC.70,831.15 128298 INLAND EMPIRE LOCK & KEY 65.51 128299 INNOVATIVE DOCUMENT SOLUTIONS 1,621.83 128300 IRON MOUNTAIN, INC.71.03 128301 JEANNIE HALL PLUMBING & DRAIN 1,002.23 128302 JOHNSON MACHINERY CO.4,850.67 128303 STEVE KARVELOT 214.50 128304 KJ SRVCS ENVIRONMENTAL CONSULTING 861.25 128305 MANPOWER TEMP SERVICES 12,157.42 128306 MARTIN & CHAPMAN CO.493.43 128307 NEOPOST USA, INC.5.00 128308 NPG, INC.9,998.00 128309 O'REILLY AUTO STORES INC/FIRST CALL 10.09 128310 P. F. PETTIBONE & COMPANY 727.75 128311 THE PRESS ENTERPRISE 220.80 128312 PRUDENTIAL OVERALL SUPPLY 358.55 128313-128314 R&M ELECTRICAL CONTRACTING 83,185.97 128315 RIGHTWAY SITE SERVICES, INC.946.33 128316 RIVERSIDE COUNTY INFORMATION TECH 1,027.40 128317 RUTAN & TUCKER, LLP 2,046.50 128318 SB&O, INC.245.00 128319 SMITH TRACTOR SERVICE, INC.26,941.00 128320 SOCAL MATTRESS, LLC 4,580.00 128321-128324 SOUTHERN CALIFORNIA EDISON CO.7,916.58 128325 STAPLES BUSINESS ADVANTAGE 792.19 128326 STATE WATER RESOURCES CONTROL BOARD 22,447.00 128327 STK ARCHITECTURE, INC.14,998.50 128328 T & B ENGINEERING, INC.3,150.00 128329 T & B PLANNING, INC.17,972.65 128330 TERRYBERRY COMPANY, LLC 1,847.96 128331 TIME WARNER CABLE 432.93 128332 UNITED PARCEL SERVICE 44.39 128333 VCS ENVIRONMENTAL 14,087.49 128334 VENUS PRINTING 49.00 128335 VERIZON WIRELESS (#1)2,280.60 128336 VERIZON WIRELESS (#2)3,003.76 128337 INLAND URGENT CARE, MEDICAL CORP 281.00 128338 MICHAEL PAUL MAPLES 21,831.50 128339 COLONIAL LIFE 512.12 128340 I.C.M.A. RETIREMENT TRUST 2,330.00 128341 LEGAL SHIELD 184.35 128342 LIUNA LOCAL 777 598.50 128343 STANDARD INSURANCE COMPANY 1,108.66 128344 UNITED WAY - INLAND VALLEY 20.00 128345 VISION SERVICE PLAN 1,360.33 DFT000000999 I.C.M.A. RETIREMENT TRUST (4,430.00) Exhibit B 5 OF 6 DECEMBER 15, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL DFT000001012 LEGAL SHIELD (184.35) DFT000001015 PAYCHEX OF NEW YORK, LLC 715.06 DFT000001023 FRANCHISE TAX BOARD 72.41 DFT000001024 FRANCHISE TAX BOARD 8,333.63 DFT000001025 STATE DISBURSEMENT UNIT 224.77 DFT000001026 CALPERS 61,957.51 DFT000001027 CALPERS 33,725.00 DFT000001028 RIVERSIDE COUNTY SHERIFF'S OFFICE 362.04 DFT000001029 THE L.I.U. OF N.A.1,187.88 DFT000001030 INTERNAL REVENUE SERVICE 49,452.47 DFT000001031 TASC 1,840.76 DFT000001033 PAYCHEX OF NEW YORK, LLC 839.00 DFT000001034 FRANCHISE TAX BOARD 10,618.67 DFT000001035 FRANCHISE TAX BOARD 72.39 DFT000001036 STATE DISBURSEMENT UNIT 224.77 DFT000001037 THE L.I.U. OF N.A.1,183.32 DFT000001038 INTERNAL REVENUE SERVICE 59,035.76 DFT000001040 TASC 1,840.76 DFT000001041 CALPERS 34,422.86 DFT000001042 CALPERS 135,175.45 GRAND TOTAL 4,452,771.03$ Exhibit B 6 OF 6 DECEMBER 29, 2016 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND#FUND DESCRIPTION TOTAL 100 GENERAL FUND 237,457.23$ 110 GAS TAX 7,595.63 130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 16,396.53 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 989.01 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION 1,168.87 305 INFORMATION SYSTEMS SERVICE 11,444.27 315 FLEET SERVICE 2,987.97 320 FACILITIES SERVICE 13,510.97 337 C.F.D. 2016-2 CANYON HILLS DEBT SERVICE FUND 516.00 386 C.F.D. 2007-4 MAKENNA COURT DEBT SERVICE FUND 412.80 500 CAPITAL IMPROVEMENT PLAN 459,301.33 620 COST RECOVERY TRUST DEPOSITS 6,227.51 GRAND TOTAL 758,008.12$ Exhibit C 1 of 1 DECEMBER 29, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128235 RIGHTWAY SITE SERVICES, INC.(382.06)$ 128346 GUARDIAN 12,007.56 128347 I.C.M.A. RETIREMENT TRUST 6,621.45 128348 STANDARD INSURANCE COMPANY 1,108.66 128349 ALLIED TRAFFIC EQUIPMENT RENTAL 287.55 128350 ALPINE WATER 219.63 128351 AMERICAN FORENSIC NURSES, INC.240.00 128352 AMERICAN MATERIAL CO.46.33 128353 ANGLER CHRONICLES, LLC 5,750.00 128354 AP CONSTRUCTION GROUP, INC.65,732.99 128355 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 225.00 128356 ATOM ENGINEERING CONSTRUCTION, INC.67,350.39 128357 BERGERABAM INC.1,485.50 128358 BIO-TOX LABORATORIES 1,396.40 128359 BLUEBEAM, INC.2,882.00 128360 BMW MOTORCYCLES OF RIVERSIDE 1,766.43 128361 CALIFORNIA CONSULTING, LLC 3,150.00 128362 CALIFORNIA INLAND EMPIRE COUNCIL 352.00 128363 CONTRACTING CONCRETE CONSTRUCTORS, INC.11,872.10 128364 DIAMONDBACK FIRE & RESCUE, INC.935.99 128365-128366 E. V. M. W. D.21,101.33 128367 EARLY LEARNERS 8,126.25 128368 ENGINEERING RESOURCES OF SO CALIFORNIA 710.00 128369 EVERGREEN CLEANING SOLUTIONS 6,035.00 128370 EWING 1,181.82 128371 EXCEL LANDSCAPE, INC.58.48 128372 FEDERAL EXPRESS CORPORATION 58.65 128373 FRONTIER CALIFORNIA - INTERNET 521.54 128374 FRONTIER CALIFORNIA, INC.52.54 128375 LORENA HANCOCK 5,664.75 128376 HELLAS CONSTRUCTION INC 29,072.45 128377 HEMET FENCE COMPANY 1,386.00 128378 IMPACT PROMOTIONAL PRODUCTS 340.16 128379 JOHNSON MACHINERY CO.3,602.46 128380 STEVE KARVELOT 120.00 128381 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 1,688.92 128382 MAPLES & ASSCIATES, INC.6,480.00 128383 MORROW PLUMBING 103.00 128384 THE PRESS ENTERPRISE 2,090.40 128385 PUB CONSTRUCTION, INC.142,202.88 128386 R.H.F., INC.519.03 128387 RIGHTWAY SITE SERVICES, INC.576.41 128388 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 1,228.38 128389 ROBBINS PEST MANAGEMENT, INC.250.00 128390 SCOTT FAZEKAS & ASSOCIATES, INC.1,542.69 128391 SOUTHERN CALIFORNIA EDISON CO.151.81 Exhibit D 1 OF 3 DECEMBER 29, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128392 STAPLES BUSINESS ADVANTAGE 720.88 128393 SUN CITY GRANITE, INC.93.96 128394 SUNSTATE EQUIPMENT CO., LLC 405.28 128395 TEMECULA MOTORSPORTS 3,050.01 128396 THOMSON REUTERS - WEST PUBLISHING CORP.352.00 128397 TIME WARNER CABLE 845.50 128398 TULIPS TROPHIES & TREASURES 21.60 128399 UNITED PARCEL SERVICE 46.11 128400 UTILITY COST MANAGEMENT, LLC 638.66 128401 VARSITY GYMNASTICS, LLC 2,971.19 128402 VILLAGE EQUIPMENT RENTALS, INC.154.00 128403 KATHI WEATHERS 134.40 128404 WEBER'S PLUMBING 11,853.49 128405 WELLS FARGO INSURANCE SERVICES USA, INC.833.33 128406 WILLIAMS BAIT & TACKLE, INC.9,564.00 128407 Z BEST BODY & PAINT SHOPS, INC.1,782.03 128408 ADAMS POLISHES, INC.310.89 128409-128411 AMERICAN EXPRESS-CORP. PURCHASING 21,741.06 128412 AMERICAN FORENSIC NURSES, INC.360.00 128413 CALIFORNIA DEPARTMENT OF JUSTICE 455.00 128414 CHALLENGERUNNER, LLC 18.00 128415 CLASSIC BILLIARD SERVICE, LLC 2,642.00 128416 COAST RECREATION, INC.879.69 128417 DISH NETWORK 105.30 128418-128421 E. V. M. W. D.9,676.63 128422 EAGLE COMMUNICATIONS 23,198.40 128423 EXCEL LANDSCAPE, INC.1,560.00 128424 FEDERAL EXPRESS CORPORATION 23.39 128425-128426 FRONTIER CALIFORNIA, INC.2,693.13 128427 HECTOR GONZALES 134.99 128428 HAZZARD BACKFLOW CO.450.00 128429 HEMET FENCE COMPANY 1,438.00 128430 DANIEL HOUSEHOLDER 250.00 128431 INLAND EMPIRE LOCK & KEY 49.14 128433 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 209.25 128434 LIEBERT CASSIDY WHITMORE 420.00 128435 LIFELOC TECHNOLOGIES, INC.256.82 128436 MANPOWER TEMP SERVICES 6,690.56 128437 MOTOPORT USA 2,893.48 128438 PREMIER PARTY & TENT RENTALS 238.60 128439 RAIN MASTER IRRIGATION SYSTEMS 373.45 128440 RAINIER INDUSTRIES, LTD 12,974.42 128441 RIGHTWAY SITE SERVICES, INC.113.60 128442 JOSUE DANIEL SAAVEDRA 75.00 128443 SCW CONTRACTING CORPORATION 17,306.15 128444 SHRED-IT USA, LLC 84.00 Exhibit D 2 OF 3 DECEMBER 29, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128445-128449 SOUTHERN CALIFORNIA EDISON CO.10,921.02 128450 STAPLES BUSINESS ADVANTAGE 398.01 128451 SUN PAC CONTAINERS 85.00 128452 SUNSTATE EQUIPMENT CO., LLC 574.41 128453 BRADLEY TALBOTT 250.00 128454 TIME WARNER CABLE 280.00 128455 VISION TECHNOLOGY SOLUTION, LLC 210.00 128456 WEST COAST ARBORISTS, INC.2,374.00 128457 WILLIAMS BAIT & TACKLE, INC.4,782.00 128458 CORELOGIC SOLUTIONS, LLC 261.00 128459 EXCEL LANDSCAPE, INC.32,809.25 128460 HARTZOG & CRABILL, INC.1,168.29 128461 JOHNSON MACHINERY CO.523.60 128462 LC PAVING & SEALING, INC.29,383.70 128463 DINA PURVIS 460.00 128464 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 475.37 128465 SONSRAY MACHINERY, LLC 1,168.87 128466 SUSTAINABLE CIVIL ENG SOLUTIONS, INC.1,800.00 128467 T & B PLANNING, INC.5,065.91 128468 TRI-STAR ELECTRIC 2,125.00 128469 WEST COAST ARBORISTS, INC.260.00 128470 HEMET FENCE COMPANY 1,528.00 128471 GENARO & MABLE PRATS 2,044.86 128472 RAIN MASTER IRRIGATION SYSTEMS 358.50 128473 ROW TRAFFIC SAFETY, INC.709.41 128474 STAUFFER'S LAWN EQUIPMENT 17.06 128475 TRI-STAR ELECTRIC 380.00 128476 WAXIE SANITARY SUPPLY 670.25 DFT000001032 PAYCHEX OF NEW YORK, LLC 206.00 DFT000001044 PAYCHEX OF NEW YORK, LLC 737.07 DFT000001051 CALPERS 34,120.42 DFT000001052 FRANCHISE TAX BOARD 72.40 DFT000001053 FRANCHISE TAX BOARD 9,258.14 DFT000001054 INTERNAL REVENUE SERVICE 52,375.30 DFT000001055 THE L.I.U. OF N.A.1,155.02 GRAND TOTAL 758,008.12$ Exhibit D 3 OF 3 JANUARY 12, 2017 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND#FUND DESCRIPTION TOTAL 100 GENERAL FUND 2,284,603.08$ 110 GAS TAX 1,352.09 114 SB1186 CASp EDUCATION PROGRAM 171.00 130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 128,072.88 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 4,176.96 305 INFORMATION SYSTEMS SERVICE 9,858.23 310 SUPPORT SERVICE 2,720.70 315 FLEET SERVICE 23,170.96 320 FACILITIES SERVICE 15,237.63 500 CAPITAL IMPROVEMENT PLAN 242,709.69 620 COST RECOVERY TRUST DEPOSITS (131.05) 631 DESTRATIFICATION EQUIPMENT REPLACEMENT 9,224.38 GRAND TOTAL 2,721,166.55$ Exhibit E 1 of 1 JANUARY 12, 2017 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128477 I.C.M.A. RETIREMENT TRUST 2,330.00$ 128478 UNITED WAY - INLAND VALLEY 20.00 128479 VISION SERVICE PLAN 1,329.89 128480 COLONIAL LIFE 512.12 128481 LEGAL SHIELD 184.35 128482 TIMOTHY DAVIS 864.38 128483 GREAT AMERICA FINANCIAL SERVICES 2,720.70 128484 IMPACT PROMOTIONAL PRODUCTS 39.85 128485 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 15,833.00 128486 LEISURE INTERACTIVE, LLC 61.98 128487 PACIFIC YURTS, INC.10,118.50 128488 GENARO & MABLE PRATS 29.93 128489 THE PRESS ENTERPRISE 398.40 128490 PROSTAFF 8,000.00 128491 R&M ELECTRICAL CONTRACTING 75,268.13 128492 REGIONAL CONSERVATION AUTHORITY 97,504.80 128493 RIVERSIDE COUNTY SHERIFF, ACCOUNTING & FINANCE 808,171.42 128494 SMITH TRACTOR SERVICE, INC.42,228.00 128495 RANDOLF THOMAS 747.12 128496 UNITED PARCEL SERVICE 30.70 128497 URBAN RESTORATION GROUP US, INC.345.50 128498 WAL-MART COMMUNITY 115.42 128499 WESTERN RIVERSIDE COUNCIL OF GOVT'S 44,369.06 128500 WILLIAMS BAIT & TACKLE, INC.4,782.00 128501 WILMINGTON TRUST, NATIONAL ASSOCIATION 1,129,700.00 128502 JOY ZEMBRUSKI 536.25 128503 ACTION GAS & WELDING SUPPLY 899.23 128504 ACTION LOCK & SAFE, INC.126.00 128505 AGUILAR CONSULTING, INC.20,039.19 128506 ALPINE WATER 142.29 128507 AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC.9,224.38 128508 AMERICAN MATERIAL CO.657.61 128509 ATOM ENGINEERING CONSTRUCTION, INC.56,045.25 128510 BABCOCK LABORATORIES, INC.825.00 128511 BANK OF AMERICA, CITY 2,535.78 128512 BANK OF AMERICA, CITY 1,701.90 128513 BANK OF AMERICA, CITY 122.26 128514 BANK OF AMERICA, CITY 1,029.20 128515 BANK OF AMERICA, CITY 660.15 128516 BATTERY SYSTEMS, INC.384.48 128517 BERGERABAM INC.365.94 128518 BIO-TOX LABORATORIES 1,737.00 128519 CA BUILDING STANDARDS COMMISSION 2,945.65 128520 CALIFORNIA, DIVISION OF THE STATE ARCHITECT 171.00 128521 CALIFORNIA, STATE BOARD OF EQUALIZATION 3,580.00 128522 CAPITAL ONE COMMERCIAL 1,634.31 Exhibit F 1 OF 3 JANUARY 12, 2017 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128523 CDW GOVERNMENT, INC.2,134.48 128524 CENTURY LINK 53.72 128525 CHALLENGERUNNER, LLC 18.00 128526 CHANDLER AGGREGATES, INC.1,734.14 128527 DEPARTMENT OF CONSERVATION 10,460.83 128528 DIRECTV 117.98 128529 DISCOUNT HAULING & CLEANUP SERVICE 13,975.00 128530 CAROLE DONAHOE 2,737.50 128531 DOWNS COMMERCIAL FUELING, INC.4,333.11 128532 ENVIROMINE 156.78 128533 EVERGREEN CLEANING SOLUTIONS 7,235.00 128534 EXCEL LANDSCAPE, INC.127,461.49 128535-128536 EXPRESS DRY CLEANERS 276.07 128537 FEDERAL EXPRESS CORPORATION 136.62 128538 FRONTIER CALIFORNIA - INTERNET 492.46 128539 FRONTIER CALIFORNIA, INC.667.14 128540 GMS ELEVATOR SERVICES, INC.95.00 128541 HARRAH'S RESORT SOUTHERN CALIFORNIA 400.00 128542 HARRIGAN'S TOILET PARTITION, INC.19,345.00 128543 HEYING ENTERPRISES 7,155.00 128544 INDUSTRIAL VAN & TRUCK EQUIPMENT 2,420.52 128545 INLAND EMPIRE LOCK & KEY 16.20 128546 INLAND FOUNDATION ENGINEERING, INC.15,400.00 128547 INTERNATIONAL CODE COUNCIL, INC.27.54 128548 INTERWEST CONSULTING GROUP, INC.13,210.88 128549 JIVE COMMUNICATIONS, INC.2,209.81 128550 JOHNSON MACHINERY CO.14,125.70 128551 KJ SERVICES ENVIRONMENTAL CONSULTING 2,300.00 128552 LAKE AUTO & SMOG 266.86 128553 LAKE CHEVROLET 1,212.87 128554 LAKE ELSINORE TIRE & AUTO, INC.718.20 128555 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 209.25 128556-128558 LOWE'S HOME CENTERS, INC.1,883.83 128559 MAILFINANCE, INC.564.63 128560 PLAYTOPIA, INC.7,187.72 128561 GUSTAVO POLETTI 48.00 128563 PRO PET DISTRIBUTORS 3,084.95 128564-128565 PRUDENTIAL OVERALL SUPPLY 1,053.43 128566 REC1 129.19 128567 RIGHTWAY SITE SERVICES, INC.1,194.28 128568 RIVERSIDE COUNTY FLOOD CONTROL 1,603.30 128569 RIVERSIDE COUNTY HABITAT 2,220.00 128570 RIVERSIDE COUNTY INFORMATION TECH 1,027.40 128571 ROBBINS PEST MANAGEMENT, INC.1,080.00 128572 ROBERT ROONEY -- MATCO TOOLS 865.61 128573 SB&O, INC.306.00 Exhibit F 2 OF 3 JANUARY 12, 2017 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128574-128581 SOUTHERN CALIFORNIA EDISON CO.53,450.80 128582 SOUTHERN CALIFORNIA GAS CO.1,595.05 128583 STAPLES BUSINESS ADVANTAGE 133.87 128584 STAUFFER'S LAWN EQUIPMENT 124.83 128585 SUSTAINABLE CIVIL ENG SOLUTIONS, INC.14,715.00 128586 TATTLETALE PORTABLE ALARM SYSTEMS 2,375.00 128587 TEAM AUTOAID, INC.221.10 128588 TIME WARNER CABLE 242.80 128589 TRI-STAR ELECTRIC 9,370.00 128590 UNITED PARCEL SERVICE 150.87 128591 VERIZON WIRELESS (#1)2,280.60 128592 VERIZON WIRELESS (#2)1,562.14 128593 VILLAGE EQUIPMENT RENTALS, INC.388.00 128594 VULCAN MATERIALS COMPANY 356.68 128595 WAXIE SANITARY SUPPLY 2,657.50 128596 WEST COAST ARBORISTS, INC.1,264.00 128597 WEST COAST SERVICES 565.00 128598 XSAT GLOBAL 224.50 128599 Z BEST BODY & PAINT SHOPS, INC.498.35 DFT000001057 PAYCHEX OF NEW YORK, LLC 1,732.84 DFT000001058 TASC 2,838.01 GRAND TOTAL 2,721,166.55$ Exhibit F 3 OF 3 JANUARY 26, 2017 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND#FUND DESCRIPTION TOTAL 100 GENERAL FUND 1,335,011.70$ 110 GAS TAX 31,347.27 112 MEASURE A 2,155.18 130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 15,701.79 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 1,921.54 155 NATIONAL POLLUTANT DISCHARGE ELIMIINATION 384.61 305 INFORMATION SYSTEMS SERVICE 26,415.72 310 SUPPORT SERVICE 3,065.95 315 FLEET SERVICE 34,725.37 320 FACILITIES SERVICE 10,239.27 330 C.F.D. 2015-2 MANINTENANCE SERVICES 461.53 331 C.F.D. 2006-1 CC SUMMERLY IMPROVEMENT AREA C 538.45 332 C.F.D. 2006-1 B SUMMERLY IMPROVEMENT AREA B 538.45 333 C.F.D. 2015-4 TERRACINA DEBT SERVICE FUND 538.45 337 C.F.D. 2016-2 CANYON HILLS DEB SERVICE FUND 105.60 343 C.F.D. 2006-2S VISCAYA SERVICES 384.61 344 C.F.D. 2005-2S ALBERHILL RANCH SERVICES 384.61 345 C.F.D. 2003-2 D CANYON HILLS IMPROVEMENT AREA 538.45 347 C.F.D. 2006-1 A SUMMERLY IMPROVEMENT AREA A 923.07 350 C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND 538.45 354 C.F.D. 90-2 TUSCANY HILLS DEBT SERVICE FUND 21,725.21 357 C.F.D. 2003-2 A CANYON HILLS IMPROVEMENT AREA 692.30 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SVC FUND 707.42 367 C.F.D. 2006-1S SUMMERLY SERVICES 384.61 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 1,148.56 369 C.F.D. 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT AREA 538.45 371 C.F.D. 2005-1 SERENITY DEBT SERVICE FUND 538.45 372 C.F.D. 2005-2 A ALBERHILL RANCH IMPROVEMENT AREA 538.45 373 C.F.D. 2005-5 WASSON CANYON SERVICES 384.61 374 C.F.D. 2005-4 LAKEVIEW VILLAS DEBT SERVICE FUND 192.30 375 C.F.D. 2006-4 CLURMAN DEBT SERVICE FUND 192.30 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 384.61 377 C.F.D. 2006-6 TESSARA DEBT SERVICE FUND 230.76 378 C.F.D. 2006-8 RUNNING DEER ESTATES DEBT SVC FUND 230.76 384 C.F.D. 2003-2 B CANYON HILLS IMPROVEMENT AREA 1,903.64 385 C.F.D. 2004-3 IA-2 ROSETTA CANYON IMPROVEMENT 885.72 386 C.F.D. 2007-4 MAKENNA COURT DEBT SERVICE FUND 331.56 387 C.F.D. 2007-5 RED KITE DEBT SERVICE FUND 384.61 389 C.F.D. 88-3 WEST LAKE ELSINORE SERIES A 1,461.53 390 C.F.D. 2003-2 CANYON HILLS IMPROVEMENT AREA 1,384.61 392 C.F.D. 95-1 CIVIC CENTER DEBT SERVICE FUND 538.45 393 AD 93-1 COTTONWOOD HILLS DEBT SERVICE FUND 1,461.53 394 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 384.61 500 CAPITAL IMPROVEMENT PLAN 196,406.02 617 SARDA HOUSING 4,581.25 620 COST RECOVERY TRUST DEPOSITS 15,426.29 631 DESTRATIFICATION EQUIPMENT REPLACEMENT 6,802.04 650 C.F.D. 2003-1S LAW,FIRE, PARAMEDIC SERVICES 538.45 651 C.F.D. 2006-5S PARK, OPEN SPACE & STORM DRAIN 384.61 652 C.F.D. 2007-1S LAW, FIRE, PARAMEDIC SERVICES 384.61 653 C.F.D. 2009-1S PARK, OPEN SPACE, STREET LIGHTING 384.61 654 C.F.D. 2003-2 FIRE TAX SERVICES 538.45 655 C.F.D. 2015-1S LAW, FIRE, PARAMEDIC SERVICES 5,461.53 GRAND TOTAL 1,733,452.98$ Exhibit G 1 of 1 JANUARY 26, 2017 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 107 SPICER CONSULTING GROUP 25,615.00$ 108 SPICER CONSULTING GROUP 5,000.00 109 SPICER CONSULTING GROUP 4,540.00 128600 ALBERT WEBB & ASSOCIATES 925.00 128601 ALLIED TRAFFIC EQUIPMENT RENTAL 1,093.50 128602 ALPINE WATER 140.38 128603 AMBER AIR CONDITIONING, INC.16,547.00 128604 AMERICAN MATERIAL CO.3,328.68 128605 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 450.00 128606 ALLEN BALDWIN 525.00 128607 BATTERY SYSTEMS, INC.573.57 128608 BIO-TOX LABORATORIES 417.00 128609 BMW MOTORCYCLES OF RIVERSIDE 1,271.28 128610 YARABITH BUENFIL 630.00 128611 I.C.M.A. RETIREMENT TRUST (3,830.00) 128611 I.C.M.A. RETIREMENT TRUST 3,830.00 128611 BURKE, WILLIAMS & SORENSEN, LLP 1,526.03 128612 C. R. & R., INC.496.90 128612 LIUNA LOCAL 777 598.50 128612 LIUNA LOCAL 777 (598.50) 128613 UNITED WAY - INLAND VALLEY (25.00) 128613 CALIFORNIA, DEPARTMENT OF JUSTICE 64.00 128613 UNITED WAY - INLAND VALLEY 25.00 128614 FRANCISCO CASTANEDA 80.99 128615 DANIEL CHADD 150.00 128616 CHANDLER AGGREGATES, INC.1,084.41 128617 RICK DE SANTIAGO 65.00 128618 RAMIRO DELGADO 150.00 128619 DOWNS COMMERCIAL FUELING, INC.1,747.29 128620 DUNBAR ARMORED, INC.343.43 128621-128624 E. V. M. W. D.16,958.80 128625 ENDRESEN DEVELOPMENT, LLC 13,680.00 128626 ENDURING FITNESS 4U 144.00 128627-128629 EXCEL LANDSCAPE, INC.7,115.65 128630 FERGUSON WATERWORKS 146.27 128631 FRONTIER CALIFORNIA - INTERNET 324.99 128632 GMS ELEVATOR SERVICES, INC.95.00 128633 LORENA HANCOCK 6,111.75 128634 HI-WAY SAFETY, INC.3,031.72 128635 IMPACT PROMOTIONAL PRODUCTS 1,844.37 128636 INLAND BOBCAT, INC.534.62 128637 INLAND URGENT CARE, MEDICAL CORP.80.00 128638 INNOVATIVE DOCUMENT SOLUTIONS 997.24 128639 J & S STRIPING COMPANY, INC.2,155.18 128640 JON'S FLAGS & POLES INC.745.20 128641 LAKE AUTO & SMOG 1,202.88 Exhibit H 1 OF 4 JANUARY 26, 2017 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128642 LAKE CHEVROLET 3,220.48 128643-128644 LAKE ELSINORE TIRE & AUTO, INC.201.60 128645 MANPOWER TEMP SERVICES 9,976.63 128646 MIRACLE PLAYGROUND SALES, INC.345.56 128647 MORROW PLUMBING 29.15 128648 MORROW PLUMBING 127.15 128649 MURRIETA LOCK & SAFE, INC.226.45 128650 NEOPOST USA, INC.2,068.71 128651 POLAR EXPRESS HEATING AND AIR CONDITIONING 790.00 128652 THE PRESS ENTERPRISE 345.60 128653 PRUDENTIAL OVERALL SUPPLY 259.53 128654 PVP COMMUNICATIONS, INC.817.44 128655 R.H.F., INC.539.91 128656 RIGHTWAY SITE SERVICES, INC.510.54 128657 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 7,051.16 128658 ROBBINS PEST MANAGEMENT, INC.940.00 128659 ROW TRAFFIC SAFETY, INC.1,560.60 128660 ROYAL PLYWOOD COMPANY, LLC 2,465.64 128661 SHADE STRUCTURES, INC.27,833.58 128662 SO CAL SANDBAGS, INC.1,902.00 128663 SONSRAY MACHINERY, LLC 969.14 128664-128667 SOUTHERN CALIFORNIA EDISON CO.3,838.73 128668 SOUTHERN CALIFORNIA GAS CO.45.80 128669 STAUFFER'S LAWN EQUIPMENT 112.31 128670 STK ARCHITECTURE, INC.44,950.50 128671 SUN PAC CONTAINERS 115.00 128672 TEAM AUTOAID, INC.1,713.46 128672 TEAM AUTOAID, INC.(1,713.46) 128674 THOMSON REUTERS - WEST PUBLISHING CORP.352.00 128675 TIME WARNER CABLE 952.92 128676 URBAN FUTURES, INC.5,063.75 128677 VILLAGE EQUIPMENT RENTALS, INC.180.00 128678 VULCAN MATERIALS COMPANY 391.22 128679 WAXIE SANITARY SUPPLY 603.26 128680 WEST COAST ARBORISTS, INC.1,812.00 128681 ACTION LOCK & SAFE, INC.163.50 128682 AGOODGUY LOCK N KEY 128.00 128683 ALBERT WEBB & ASSOCIATES 11,336.30 128684 ALLIED TRAFFIC EQUIPMENT RENTAL 234.68 128685 AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC.6,802.04 128686-128687 AMERICAN EXPRESS-CORP. PURCHASING 12,022.80 128688 AMERICAN MATERIAL CO.482.82 128690 ANIMAL FRIENDS OF THE VALLEY 41,268.56 128691 BABCOCK LABORATORIES, INC.892.31 128692 BIG TEX TRAILERS 9,986.98 128693 CALIFORNIA, DEPARTMENT OF JUSTICE 105.00 Exhibit H 2 OF 4 JANUARY 26, 2017 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128694 CAMBERN & CENTRAL INVESTORS, LLC 230,468.25 128695 CDW GOVERNMENT, INC.3,352.65 128696 CHANDLER AGGREGATES, INC.3,202.95 128697 CORELOGIC SOLUTIONS, LLC 130.50 128698 DEVELOPMENT MANAGEMENT GROUP, INC.10,000.00 128699 DISCOUNT HAULING & CLEANUP SERVICE 9,900.00 128700 CAROLE DONAHOE 1,312.50 128701 DOWNS COMMERCIAL FUELING, INC.6,039.91 128702-128704 E. V. M. W. D.6,082.51 128705 EAGLE ROAD SERVICE & TIRE 1,164.20 128706 EARLY LEARNERS 3,682.50 128707 EPD SOLUTIONS, INC.3,970.00 128708 ERGO EVAL 1,069.72 128709 FEDERAL EXPRESS CORPORATION 43.50 128710 FERGUSON WATERWORKS 615.12 128711 FRONTIER CALIFORNIA, INC.52.48 128712 GEMPLER'S 429.07 128713 GMS ELEVATOR SERVICES, INC.900.00 128714 GOLDEN OFFICE TRAILERS, INC.776.70 128715 HAZZARD BACKFLOW CO.125.00 128716 HILLSIDE RETAINING WALLS 20,263.68 128717 HR GREEN CALIFORNIA, INC.2,625.00 128718 INTERWEST CONSULTING GROUP, INC.13,221.92 128719 KEYSER MARSTON ASSOCIATES, INC.2,192.50 128720 LAKE AUTO & SMOG 48.00 128721-128722 LAKE CHEVROLET 89.58 128723 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 5,169.00 128724 LIEBERT CASSIDY WHITMORE 112.00 128726 MAXIMUM SIGN CO.239.76 128727 MILLENNIUM ALARM SYSTEMS, INC.18,703.00 128728 MORROW PLUMBING 160.97 128729-128730 PETTY CASH - CITY OF LAKE ELSINORE 935.80 128731 PLANETBIDS, INC.7,875.00 128732 POWERPLAN CORP 4,750.00 128733 THE PRESS ENTERPRISE 839.75 128734 PRUDENTIAL OVERALL SUPPLY 171.39 128735 PUB CONSTRUCTION, INC.11,675.86 128736 PVP COMMUNICATIONS, INC.805.66 128737 RIGHTWAY SITE SERVICES, INC.1,070.81 128738 RIVERSIDE COUNTY INFORMATION TECH 1,027.40 128739 RIVERSIDE COUNTY SHERIFF, ACCOUNTING & FINANCE 792,987.36 128740 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 7,179.79 128741 SHRED-IT USA, LLC 84.00 128742 SIGNS BY TOMORROW 366.00 128743 SILVER & WRIGHT, LLP 8,954.69 128744 SKYLINE SAFETY AND SUPPLY 344.79 Exhibit H 3 OF 4 JANUARY 26, 2017 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name TOTAL 128745 SONSRAY MACHINERY, LLC 1,580.08 128746-128747 SOUTHERN CALIFORNIA EDISON CO.3,438.88 128748 STAPLES BUSINESS ADVANTAGE 405.03 128749 SUN PAC CONTAINERS 75.00 128750 SUNSTATE EQUIPMENT CO., LLC 530.28 128751 SUSTAINABLE CIVIL ENG SOLUTIONS, INC.10.00 128752 T & B PLANNING, INC.2,732.26 128753-128756 TEAM AUTOAID, INC.2,108.70 128757 TIME WARNER CABLE 584.73 128758 UNITED PARCEL SERVICE 24.04 128759 VCS ENVIRONMENTAL 22,038.75 128760 VILLAGE EQUIPMENT RENTALS, INC.319.00 128761 VISION TECHNOLOGY SOLUTION, LLC 210.00 128762 VISTA PAINT CORPORATION 1,855.97 128763 VULCAN MATERIALS COMPANY 944.64 128764 WAXIE SANITARY SUPPLY 1,400.67 128765 WEST COAST ARBORISTS, INC.10,200.00 128766 WILLIAMS BAIT & TACKLE, INC.14,346.00 128767 WOLVERINE FENCE COMPANY, INC.43,913.45 128768 I.C.M.A. RETIREMENT TRUST 3,830.00 128769 LIUNA LOCAL 777 598.50 128770 UNITED WAY - INLAND VALLEY 25.00 DFT000001056 PAYCHEX OF NEW YORK, LLC 209.00 DFT000001064 THE L.I.U. OF N.A.1,129.94 DFT000001065 CALPERS 61,957.51 DFT000001071 CALPERS 9,743.64 DFT000001072 CALPERS 34,419.41 DFT000001075 TASC 2,838.01 DFT000001076 PAYCHEX OF NEW YORK, LLC 848.89 GRAND TOTAL 1,733,482.13$ Exhibit H 4 OF 4 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-067 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 2) Page 1 City of Lake Elsinore Printed on 2/9/2017 City of Lake Elsinore Meeting Minutes City Council Tuesday, January 10, 2017 Call to Order A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 5:03 p.m. by Mayor Magee, with all Members present. There being no members of the public appearing to speak, the meeting recessed at 5:04 p.m. to Closed Session. Closed Session 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1608797 2) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1611695 3) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Castle & Cooke Alberhill Homebuilding, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1610778 4) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) (REQUEST FOR AMICUS) Earthjustice v. City of Moreno Valley Superior Court Case No. RIC 1602094 5) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: APNs 374-174-013, 374-174-016 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Thomas Anthony Martin DBA The Wreck Under negotiation: Price and terms of payment 6) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov’t Code Section 54956.8) Property: APN 379-050-024-4 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Cottage Lane Under negotiation: Price and terms of payment Page 2 Reconvene The meeting reconvened the meeting at 7:01 p.m. Pledge of Allegiance The Pledge of Allegiance to the Flag was led by Mayor Magee. Invocation – Moment of Silence Mayor Magee requested a moment of silence. Roll Call Present: Council Members Hickman, Manos and Tisdale; Mayor Pro Tem Johnson and Mayor Magee Absent: None Presentations / Ceremonials 1) Recognition of Mayoral Year - Mayor Magee presented a gavel plaque to Council Member Tisdale commemorating his year as Mayor. Closed Session Report City Attorney Leibold listed the items discussed by Council and reported that the meeting would recess back to Closed Session for Item Nos. 1 and 2. Public Comments – Non-Agendized Items Appearing to speak were: Monty Jordan, Ace Vallejos, Pam Ayres and Paulie Tehrani CONSENT CALENDAR It was moved by Council Member Tisdale, seconded by Council Member Manos, and unanimously carried, to approve the Consent Calendar. Item No. 7 was continued to the January 24, 2017, meeting. 1) Minutes of the Regular meeting of December 13th and the Cancelled meeting of December 27, 2016 – approved. 2) Waive further reading and adopt by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2016-2 (CANYON HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES – adopted Ordinance No. 2017-1366. 3) Waive further reading and adopt by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNACOURT) AUTHORIZING THE LEVY OF A SPECIALTAX WITHIN SUCH DISTRICT – adopted Ordinance No. 2017-1367. Page 3 4) Amendment No. 3 to Increase Award Amount for Endresen Development a General Contractor Service Agreement. – authorized the City Manager to execute the amendment increasing the amount by $30,000, for a total not to exceed amount of $120,000. 5) Meeting Dates 2017 – approved the calendar for Council and Successor Agency Regular meetings and the cancellation of December 26, 2017, meetings. 6) Public Works Construction Contract Award for CDBG/SB821 Sidewalk Improvements CIP Project No. Z10010 & Z10041 - awarded the agreement to Black Rock Construction; authorized the City Manager to execute the Agreement in the amount of $324,725; authorized the City Manager to execute change orders not to exceed the 15% contingency amount of $48,708.75; and, authorized the City Engineer to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City maintained roadway network. 7) State Relinquishment of Route 74 between Interstate 15 and Mauricio Avenue – continued to January 24, 2017. 8) Approve Change Order Nos. 1, 2 and 3 to the Agreement for Emergency Repairs at the Lake Elsinore Senior Activity Center with Maples and Associates for On-Call Services – authorized the City Manager to execute Change Order No. 1 in the amount of $23,700; Change Order No. 2 in the amount of $88,878; Change Order No. 3 in the amount of $43,000; and, appropriated an additional $120,000 for the Senior Center Capital Improvement Project to the $250,000 currently budgeted which also includes an amount for administration and project management. 9) Annual Continuing Disclosure Reports – received and filed. 10) Annual Bond Accountability Report for Fiscal Year 2015-16 – received and filed. 11)Housing Successor Annual Report for Fiscal Year 2015-16 – received and filed. 12)Settlement and Release Agreement (WRCOG) - authorized the Mayor to execute the agreement. 13) Agreement and Escrow Instructions for Purchase and Sale of Real Property (APN 374-174-016) – approved the agreement and escrow instructions; authorized the Mayor to execute the agreement; and, directed the City Manager to execute the certificate of acceptance. Business Item(s) 14) Community Opinion Survey Summary Report City Manager Yates provided an overview of the item and introduced Dr. Tim McLarney from True North Research, who presented a Power Point presentation and discussed the results of the survey. Dr. McLarney responded to questions from Council. It was moved by Mayor Pro Tem Johnson, seconded by Council Member Manos, and unanimously carried, to receive and file the report. 15) Railroad Canyon Interchange Project Update City Engineer Fagrell presented a Power Point presentation and announced that a Public Meeting on the project will be held February 1st. Page 4 Engineer Fagrell and City Manager Yates responded to comments from Council. It was moved by Mayor Pro Tem Johnson, seconded by Council Member Manos, and unanimously carried, to receive and file. 16) Mayoral Recommended Appointment List Mayor Magee discussed the three changes to the assignments on the committees and introduced the two new committees: Red Tape and International Mayor. It was moved by Council Member Hickman, seconded by Mayor Pro Tem Johnson, and unanimously carried, to approve the appointments to various Committees, Subcommittees and Ad Hoc Committees. Recess / Reconvene The meeting recessed to the Successor Agency meeting at 7:58 p.m. and reconvened at 7:59 p.m. with all Members present. City Council Comments Council Member Hickman wished everyone a happy New Year; reported 202 gifts were given out to Head Start children at Rail Road Canyon, Lakeland Village, and Machado elementary schools; and thanked the people who donated money for the Lady Lancer mural at Lakeside High School. Public Comments – Non Agendized Items Appearing to speak were: Chris Hyland and Bentley Brown. City Council Comments Council Member Hickman thanked the Mayor and Council for his appointment as International Mayor; and, congratulated Sr. Analyst Dailey on her newborn baby. Council Member Manos wished everyone a happy New Year; listed items on Consent Calendar that did not have discussion; stated he loved the community survey; and, noted he looks forward to working with colleagues and the community. Mayor Pro Tem Johnson congratulated Sr. Analyst Dailey and her family; reported she attended the Economic Development Subcommittee meeting with retailers for the outlet; stated she is excited about the community survey; and, thanked the Mayor for the appointments to subcommittees. Mayor Magee announced the Healthy LE Park Tour Challenge and the Spartan Race; stated the Fishing report will be on the website and asked Staff to work with businesses to improve access and opening of more fishing areas; announced there will be a photo contest with a winner every month and the winning photos will be used to create a calendar, the time capsule items are available for viewing starting January 24th, and planning is underway for the Lake Elsinore Grand Prix; commented on the homeless encampments around the lake and requested Staff to request a game warden/park ranger from the State and Federal agencies to patrol the lake; and, requested the City Attorney to review applicable Ordinances to update for stronger enforcement. Recess / Reconvene The meeting recessed to Closed Session at 8:27 p.m. and reconvened at 9:12 p.m. with all Members present. Page 5 Adjournment The meeting adjourned at 9:12 p.m. to Monday, January 23, 2017, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, in memory of John J. Benoit, Riverside County Supervisor. ________________________________ Robert E. Magee Mayor ____________________________ Susan M. Domen, MMC Clerk Page 1 City of Lake Elsinore Meeting Minutes City Council Tuesday, January 24, 2017 Closed Session - not held Call to Order A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 7:01 p.m. by Mayor Magee. Pledge of Allegiance The Pledge of Allegiance to the Flag was led by Mayor Magee. Invocation – Moment of Silent Prayer Mayor Magee requested a moment of silence. Roll Call Present: Council Members Hickman, Manos and Tisdale; Mayor Pro Tem Johnson and Mayor Magee Absent:None Presentations / Ceremonials 1) Business of the Quarter – Mayor Magee presented a plaque to Chance Edmundson of Edmundson Construction. 2) Citizen of the Quarter – Mayor Magee presented a plaque to Joyce Hohenadl. 3) Recognition of 2016 City Football Champions Temescal Canyon High School – Council Member Hickman presented the Mayor's Trophy to Temescal Canyon High School Football Coach Phil Cohen for being the City Champions. 4) Introduction of New Police Chief – City Manager Yates introduced Police Chief Dan Anne. Mayor Magee recognized Interim Chief Lieutenant Pemberton. Closed Session Report Mayor Magee announced that there was no Closed Session held. Page 2 Public Comments – Non-Agendized Items Appearing to comment were: Jerry Carlos, Sharon Gallina, Ruth Atkins and Paulie Tehrani. Consent Calendar It was moved by Mayor Pro Tem Johnson, seconded by Council Member Manos, and unanimously carried, to approve the Consent Calendar. Item No. 2 was removed from the Consent Calendar for discussion and is listed below. 1) Investment Report for December 2016 – approved. 3) Annual Financial Reports for the Fiscal Year Ended June 30, 2016 – received and filed. 4) Measure A Independent Accountant's Report for the Fiscal Year 2015-2016 – received and filed. 5) Professional Services Agreement (PSA) for Operational Management of La Laguna Resort and Boat Launch – authorized the City Manager to execute the PSA with Williams Bait and Tackle Inc. in an amount not to exceed $145,000. 6) Acquisition of City Fleet Replacement Vehicle – authorized the purchase of one 2017 Chevy Silverado 3500HD 4WD Regular Cab with 9ft. dump body from National Auto fleet Group in a total amount of $52,938.84. 7) FY2016-17 Mid-Year Operating Budget – adopted the Resolution. Resolution No. 2017-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,CALIFORNIA, AMENDING THE FY 2016-17 ANNUAL OPERATING BUDGET FORMID-YEARADJUSTMENTS 8) Agreement for Mechanical, Electrical and Plumbing Engineering Services for the Rehabilitation of La Laguna Recreation Vehicle (RV) Park with T-Squared Professional Engineers Inc. – authorized the City Manager to execute the agreement in the amount of $58,500.00. 9) Notice of Completion on Public Works Construction Work for Rosetta Canyon Sports Park Phase II Z40004 – accepted the improvements into the City Maintained System for the project; authorized staff to file the Notice of Completion with the County Recorder; and, authorized final costs and staff to release all retention monies 35 days after the filing of the Notice of Completion for Schindler Elevator Corp $65,600.00. 10)Purchase and Sale Agreement for the Purchase of Real Property for Affordable Housing Purposes – adopted the Resolution. Resolution No. 2017-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS SUCCESSOR TO THE HOUSING ASSETS AND FUNCTIONS OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE UNDER HEALTH & SAFETY CODE SECTION 34176(a)(1), APPROVING A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF REAL PROPERTY FOR AFFORDABLE HOUSING PURPOSES FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE Page 3 11)Settlement Agreement – Pardee – authorized the City Manager to execute the agreement among the City, CFD No. 2003-2, CFD No. 2016-2 and Pardee Homes. 12)State Relinquishment of Route 74 between Interstate 15 and Mauricio Avenue – adopted the Resolutions. Resolution No. 2017-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE RELINQUISHMENT BY THE STATE OF CALIFORNIA TO THE CITY OF LAKE ELSINORE, PORTIONS OF ROUTE 74 IN ACCORDANCE TO STREETS AND HIGHWAYS CODE 374, AS AMENDED BY ASSEMBLY BILL 1915, AND TO WAIVE THE 90-DAY NOTIFICATION PERIOD PURSUANT TO STREETS AND HIGHWAYS CODE 73 Resolution No. 2017-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING SUPPORT OF THE JOINT RELINQUISHMENT OF AN ADJOINING PORTION OF ROUTE 74 BY THE STATE OF CALIFORNIA TO THE COUNTY OF RIVERSIDE IN ACCORDANCE TO STREETS AND HIGHWAYS CODE 374, AS AMENDED BY ASSEMBLY BILL 218 Resolution No. 2017-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AND PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806 (b) DECLARING ITS INTENT TO ACCEPT INTO THE CITY STREET SYSTEM, PORTIONS OF ROUTE 74 RELINQUISHED BY THE STATE OF CALIFORNIA TO THE CITY OF LAKE ELSINORE, IN ACCORDANCE TO STREETS AND HIGHWAYS CODE SECTION 374, AS AMENDED BY ASSEMBLY BILL 1915 (2008) Resolution No. 2017-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AND PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806 (b), DECLARING ITS INTENT TO ACCEPT INTO THE CITY STREET SYSTEM, THOSE PORTIONS OF ROUTE 74 RIGHT-OF-WAY, CONVEYED BY THE COUNTY OF RIVERSIDE PURSUANT TO GOVERNMENT CODE 25365 Resolution No. 2017-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AND PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806 (b) ACCEPTING INTO THE CITY STREET SYSTEM, PORTIONS OF ROUTE 74 CONVEYED BY THE COUNTY OF RIVERSIDE, UPON NOTIFICATION OF THE CLERK OF THE BOARD PURSUANT TO GOVERNMENT CODE SECTION 6061 13)Purchase of Tax Defaulted Parcel for Area Drainage and Flood Control for APN 379-050-024 in the Amount of $33,878.50 – adopted the Resolution. Resolution No. 2017-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE TAX-DEFAULTED PURCHASE OF PARCEL 2 OF THE COTTAGE LANE RESIDENTIAL PROJECT FOR DRAINAGE AND DETENTION BASIN FUNCTIONS AT THE TERMINUS OF ULLA STREET, ASSESSOR PARCEL NUMBER 379-050-024-4 Item Removed from the Consent Calendar 2) Lake Use and La Laguna Resort and Boat Launch Regulations and Fees Page 4 Appearing to speak was Bentley Brown. Community Services Director Skinner responded to comments from Mr. Brown explaining the various lake use passes and fees. Director Skinner responded to questions from Council. It was moved by Council Member Manos, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolution. Resolution No. 2017-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, LAKE USE AND LA LAGUNA RESORT AND BOAT LAUNCH REGULATIONS AND FEES Public Hearing(s) 14)Annexation Proceedings for Community Facilities District No. 2015-1 (Safety Services) The Public Hearing was opened at 7:29 p.m. Attorney, Bryan Forbath, of Stradling Yocca Carlson & Rauth, Bond Counsel to the City provided the Staff Report. There were no Conflict of Interest disclosures. City Clerk Domen affirmed receipt of Proof of Publication and noted that zero pieces of correspondence had been received. There were no members of the Public appearing to comment. The Public Hearing was closed at 7:32 p.m. City Clerk Domen affirmed that she had not received any written protests. It was moved by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolution. Council Member Manos noted that all developments pay into the Community Facilities District. Resolution No. 2017-014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN City Clerk Domen affirmed all ballots have been cast in connection with the election for CFD No. 2015-1 and declared the election closed; and, she declared that each of the ballot propositions have been approved by more than two-thirds of the votes cast in the election for CFD 2015-1. It was moved by Mayor Pro Tem Johnson, seconded by Council Member Tisdale, and unanimously carried, to adopt the Resolution. Page 5 Resolution No. 2017-015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE JANUARY 24, 2017, ANNEXATION AND SPECIAL TAX ELECTIONS Business Item(s) 15)Purchase and Sale Agreement - Acquisition of Southern California Edison (SCE) Streetlights Within the City Boundary City Manager Yates introduced the item and Tyler Masters, Program Manager, from Western Riverside Council of Governments (WRCOG) Representative who presented a Power Point presentation. Senior Civil Engineer Dost responded to questions from Council noting that SCE charges $750 per light and pays nothing to acquire lights, the developer or City pays for the cost. Mr. Masters explained that SCE uses a California Public Utilities Commission’s approved methodology called Replacement Cost New Less Depreciation (RCNLD) to determine cost of light poles; and, announced there would be one more demonstration tour on January 30 th. Mr. Masters responded to Council Comments explaining that solar powered LED lights would need to be connected to the grid in the event of non-sunny days; and, these type of lights are not accounted for under the metered tariff, however, WRCOG would be happy to assess them; explained the street lights historically go to Edison and WRGOG can recommend that the light poles are deeded to the City. City Manager Yates said that future developments will include a standard condition of approval that the street lights are deeded to the City. Assistant City Manager Simpson explained the savings would be $2.8 million at the end of 20 years with the retrofit; and, confirmed the debt savings would pay for the purchase of the light poles and the City will not be contributing any money from the general fund. Mayor Pro Tem Johnson noted that cell tower revenue has not been included. It was moved by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, and unanimously carried, to approve the Purchase and Sale Agreement, including the No-Fee Light Pole License Agreement to acquire approximately 3,186 sellable streetlights and authorize the City Manager to execute the required documents; authorized the City Manager to execute the necessary documents; and, directed staff to back for consideration: a.) new Street Light Standards; b.) LED retro-fitting options to reduce energy consumption; and, c.) the Operation and Maintenance (O&M) responsibilities. 16)Formation of Improvement Areas JJ and KK within City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) Attorney, Bryan Forbath, of Stradling Yocca Carlson & Rauth, Bond Counsel provided the Staff Report. It was moved by Council Member Manos, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolution. Page 6 Resolution No. 2017-016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE, COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY), DECLARING ITS INTENTION TO CONSIDER ESTABLISHING IMPROVEMENT AREAS JJ AND KK FROM TERRITORY CURRENTLY WITHIN THE BOUNDARIES OF IMPROVEMENT AREAS DD AND GG OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY), RESPECTIVELY, AND TO INCUR BONDED INDEBTEDNESS WITHIN PROPOSED IMPROVEMENT AREAS JJ AND KK It was moved by Mayor Pro Tem Johnson, seconded by Council Member Manos, and unanimously carried, to adopt the Resolution. Resolution No. 2017-017 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY), TO INCUR BONDED INDEBTEDNESS WITHIN PROPOSED IMPROVEMENT AREAS JJ AND KK OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) Public Comments – Non-Agendized Items There were no members of the Pubic appearing to speak. Recess/Reconvene The meeting recessed at 8:06 p.m. to the Successor Agency meeting and reconvened at 8:06 p.m. with all members present. City Council Comments Council Member Manos said he is proud of the City and Water District staff for their great work during the heavy rain storms. Council Member Hickman asked for the level of lake. Community Services Director Skinner responded the water level is at 1,238 feet above sea level. Mayor Pro Tem Johnson announced that she will be speaking at the meeting of the Save the Lake Committee on January 30th; thanked the Animal Friends of the Valley on behalf of the Magee family, for their assistance with their family pet; and, expressed her appreciation and pride of City staff for their work during the storms. Mayor Magee announced the Healthy LE events: Park Tour Challenge, the Spartan Race on January 28th and a Photo Contest; and, noted that he was proud of City staff for their work during the rain storms. City Manager Comments City Manager Yates noted that he was proud of the community and staff for their work during the storms; and, introduced City Engineer Fagrell who presented a Power Point presentation of the damage the Temescal Canyon Bridge sustained during the rain storm. City Manager Yates reminded citizens to prepare in advance for rain storms and to stay prepared; and noted the Fire and Police Departments’ amazing work during the rain storm. Page 7 Mayor Pro Tem Johnson welcomed the new Police Chief. Adjournment The meeting was adjourned at 8:21 p.m. to Tuesday, February 14, 2017, located at the Cultural Center at 183 N. Main Street, in memory of Former Council Member Bill Starkey. ___________________________________________________________ Robert E. Magee Susan M. Domen, MMC Mayor Clerk Page 1 City of Lake Elsinore Adjourned Meeting Minutes City Council Monday, January 23, 2017 Call to Order An Adjourned meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 5:05 p.m. by Mayor Magee, noting the absence of Mayor Pro Tem Johnson (arrived at 5:06 p.m.). City Council Closed Session 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1608797 2) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1611695 Recess There being no members of the public appearing to speak, the meeting recessed at 5:05 p.m. to Closed Session. Reconvene The meeting was reconvened at 6:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Council Member Tisdale. Roll Call Present: Council Members Hickman, Manos and Tisdale; Mayor Pro Tem Johnson and Mayor Magee Absent: None Closed Session Report City Attorney Leibold listed the items discussed by Council and stated there was nothing to report out. Page 2 Public Comments – Non Agendized There were no members of the Public appearing to speak. Business Items(s) 1) Alberhill Villages Initiative Report City Attorney Liebold presented a Power Point presentation explaining the differences between the adopted plan and the proposed Ordinance. Michael Bracken, DMG Economics Inc., presented a Power Point presentation on the Impact Report ordered by the City Council. Appearing to speak were: Mark Jones, Kim Cousins, Ace Vallejos, Chance Edmondson, Paulie Tehrani, Jeanie Corral, Karie Reuther, Sharon Gallina, Charles. P. Keith and Elizabeth Moriarity. Mr. Bracken responded to questions from the Council. It was moved by Council Member Manos, seconded by Council Member Tisdale, and unanimously carried, to receive and file the report. 2) Alberhill Villages Specific Plan (AVSP) Initiative City Clerk Domen presented the Staff Report. Appearing to speak were: Mark Jones, Ace Vallejos, Paulie Tehrani and Sharon Gallina. Council Member Manos commented on the project, meetings with the Developer, and the initiative’s negative impacts; and, stated that he could not support the initiative. Council Member Tisdale made comments regarding negative impacts the project would have on the City. Mayor Pro Tem Johnson stated that there was some progress on the project and she is in support of calling an election. Council Member Hickman stated the City needs to make an education effort, so that resident are informed about the initiative. Mayor Magee made comments about moving forward with the election and encouraged Staff to continue discussions with Mr. Jones. It was moved by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, and unanimously carried, to adopt the Resolutions. Resolution No. 2017-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017, FOR THE SUBMISSION OF A PROPOSED ORDINANCE Resolution No. 2017-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS Page 3 Resolution No. 2017-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS Resolution No. 2017-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017 3) Election Consultant Services It was moved by Council Member Tisdale, seconded by mayor Pro Tem Johnson, and unanimously carried, to authorize the City Manager to execute the Professional Services Agreement with Martin & Chapman Co. for election services the amount not to exceed $134,000.00; and, appropriate funds. Adjournment The meeting was adjourned at 7:19 p.m. to Tuesday, January 24, 2017, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street. ________________________________ Robert E. Magee Mayor ____________________________ Susan M. Domen, MMC Clerk Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-068 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 3) Page 1 City of Lake Elsinore Printed on 2/9/2017 Final Map No 31920-10 October 25, 2016 Page 2 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Dina Purvis, Senior Engineering Technician Date:February 14, 2016 Subject:Final Map 31920-11, CalAtlantic Homes Recommendations 1. Approve Final Map No. 31920-11 subject to the City Engineer’s acceptance as being true and correct. 2. Authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 31920-11. Background The proposed Final Map No. 31920-11 consists of 12.845 acres which includes 59 residential lots and 1 slope/landscaping/drainage lot. This is a part of the Summerly community. The proposed streets will be public and the landscaping maintenance will be provided by the HOA. All future public improvements have been secured. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 31920-11 and that all Conditions of Approval relative to the Final Map approval have been completed. Fiscal Impact Public improvements are to be constructed by the developer. The surety is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents. Exhibits A.Vicinity Map B.Final Map Index DI AMOND DRVILLAGE PKWYS U M M E R L Y P L CEREAL ST H I D D E N T R L BASEBALLB A T T E R S C IR G R A N D S L A MBATTERS BOXLINE DRMEADOWCATCHERS WAYTOURNAMENTJERSEYH I D D E N T R L DI AMOND DRVILLAGE PKWYS U M M E R L Y P L CEREAL ST H I D D E N T R L BASEBALLB A T T E R S C IR G R A N D S L A MBATTERS BOXLINE DRMEADOWCATCHERS WAYTOURNAMENTJERSEYH I D D E N T R L VICINITY MAP PROJECT LOCATION Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-069 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 4) Page 1 City of Lake Elsinore Printed on 2/9/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Justin Kirk, Principal Planner Date:February 14, 2017 PROJECT: Naming of the Christensen Park Site Recommendation By motion, approve the name “Christensen Community Park” for the 5.74 acre park site located in the Canyon Hills Specific Plan. Background Hans Christensen, Sr., a 40-year-old emigrant from Denmark arrived in California in the early 1880s. Originally, he settled in Livermore, California, where he had a half-sister, Ellen, married to Chris Anderson, a farmer. Hans, Sr., decided to head south. Relatives have said he worked on farms to earn money as he moved to Southern California and, finally settled here in 1882. Hans Christensen, Sr., was one of the first settlers in the area and settled in the Menifee area where he found fertile, flat land. He acquired his acreage, small numbers at a time, sometimes paying as little as $8.50 per acre. The Christensen family owned 5,000 or more acres and leased additional acreage from other landowners. In the early years, they used horses to farm their fields of barley. The west boundary of the Christensen property was on Railroad Canyon Road where the road changes from a four-lane highway to a six-lane road. The eastern boundary is east of Interstate #215 near the Wooden Nickel Ranch. The property purchased by the Pardee Corp. ends near Clinton Keith Road may be the south boundary. The Hans Christensen School is located north of McCall Road in Menifee and may be the north boundary. Today Hans Christensen, Sr., has more than 30 descendent living and working in Riverside County and contributing to the community as their ancestors before them. The subject park is located in Phase 7 of the Canyon Hills Specific Plan and is generally located southwest of the intersection of Piedmont and Canyon Hills. As part of this project, the developer is conditioned to construct a 5.74 acre City park. Pardee Homes, LLC is currently in plan check for the development of the park and will begin construction in the near future. Discussion Pursuant to City policy, recommendations to the Council regarding the naming of public facilities. Members of the Community have requested the park be named in commemoration of the Page 2 of 2 Christensen Family who lived in the area and impacts they have had on the community. To be consistent with other parks within the City, the Community Development Department is recommending the name “Christensen Park”. Prepared by: Justin Kirk, Principal Planner Approved by: Grant Taylor, Community Development Director Exhibits: A. Conceptual Park Design B. Council Policy on Park Naming 5%#.'ÄConceptual Landscape Plan Lake Elsinor CA.Date: 2-9 2016 LDI Job No. 1423500P h o n e F a x , L a n d s c a p e D e v e l o p m e n t@D e s i g nprepared for:1250 Corona Pointe Court,Suite 600, Corona, CA 92879Phone: (951) 428-4416ENNNOTES:•ALL LANDSCAPE AREAS ARE TO BE IRRIGATED WITH AN AUTOMATIC DRIP IRRIGATION SYSTEM THAT COMPLIES WITH AB 1881 AND CITYOF LAKE ELSINOR STANDARDS.•CONTRACTOR TO VERIFY ALL CONDITIONS IN THE FIELD. IF ANY CONDITION IS DIFFERENT THAN DEPICTED ON THE PLANS,CONTRACTOR MUST NOTIFY LANDSCAPE ARCHITECT IMMEDIATELY.•ALL GRADING AND DRAINAGE SHALL BE COMPLETED PER THE ENGINEER'S GRADING PLANS•CONTRACTOR TO VERIFY EXACT LOCATIONS OF ALL UNDERGROUND UTILITIES PRIOR TO COMMENCEMENT OF WORK.•ALL SIDEWALKS, CURBS, STEPS, HARDSCAPE AREAS AND RETAINING WALLS AS PER ENGINEER. SEE ENGINEERING PLANS.•ALL TREES WITHIN 10'-0" OF HARDSCAPE ARE TO HAVE ROOT BARRIERS INSTALLED PER CITY OF LAKE ELSINOR STANDARDS.•NO TREES AND SHRUBS SHALL BE PLANTED WITHIN THE FLOW LINE OF ANY DRAINAGE SWALES, CHEEK WALLS, INVERTS OR DRAINOPENING.•ALL LANDSCAPE DETAILS SHALL BE IN ACCORDANCE WITH CITY OF LAKE ELSINOR STANDARD LANDSCAPE DETAILS AND AS DIRECTEDBY THE CITY ENGINEER.•NO SHRUBS SHALL BE PLANTED CLOSER THAN 18" FROM ANY WALKWAY.•SOIL PREPARATION AND AMENDMENTS ARE REQUIRED IN ALL PLANTER AREAS.•ALL TREES ARE TO BE IRRIGATED ON A SEPARATE ZONE FROM PLANTER AREAS W/ 2 DEEP ROOT BUBBLERS PER TREE.•IRRIGATION TO INCLUDE A FERTIGATION SYSTEM.•ALL CORRESPONDENCE TO BE COORDINATED THROUGH KERN COUNTY CONSTRUCTION SERVICES.•SCOPE OF WORK IS SUBJECT TO CHANGE IN CONSTRUCTION DOCUMENT PHASE.LEGENDCOLORED BARK MULCH (REDDISH)COLORED BARK MULCH (TANS)COLORED BARK MULCH (BLACK)1/4"-3/8" CRUSHED AGGREGATE 'CALIFORNIA GOLD'RESTROOM FACILITY(2) HALF BASKETBALL COURTSPROPOSED SIGN LOCATIONMAIN ENTRYMONUMENT PARK SIGNLITTLE LEAGUE/SOFTBALL FIELDAND SOCCER FIELDPRESCHOOL / ELEMENTARY PLAY STRUCTUREW/ SHADE CANOPY AND RUBBERIZED RESILIENTSURFACE(51) PARKING SPACESDECOMPOSEDGAVEL PATHNATURAL GRAY CONCRETEDate REVISED: 4-15-2016TYPICAL PARK BENCH3'-4' TYPICAL BOULDERS TO MATCH EXISTING AREA•TOT LOT / MAX. 5000 S.F.•EXISTING STREET TREES AT PARKWAYS TO REMAIN. (NOT A PART OF PARK PLANS)•ALL PARK TREES TO BE 24" BOX MIN. WITH (1) ONE TREE FOR EVERY 500 S.F. (CITY MIN.)GENERAL NOTES:TYPICAL CLAMMINGBOULDERSPROPOSED CHIN-LINKFENCE AT FLIED AREATYPICAL PARK BENCHSHADE STRUCTUREW/ (2) PICNIC TABLES, (2) BBQ'S,(2) TRASH RECEPTACLES,(1) DRINKING FOUNTAIN,AND (1) BIKE RACK.(2) PICNIC TABLES WITH (2) BBQ'S,AND TRASH RECEPTACLE.TYPICAL PARK BENCHPROPOSED SIGN LOCATIONDate REVISED: 4-29-2016TREESBOTANICAL NAMECOMMON NAMECONTCAL ACACIA BAILEYANABAILEY ACACIA24"BOX 2"CAL 12`-14` ARBUTUS X `MARINA`ARBUTUS STANDARD24"BOX CELTIS OCCIDENTALISCOMMON HACKBERRY24"BOX 2"CAL 12`-14` EXISTING TREETO REMAIN-NOT -A PART OF PARKN/A JACARANDA MIMOSIFOLIAJACARANDA24"BOX 3"CAL 14`-16` LAGERSTROEMIA X `NATCHEZ`WHITE CRAPE MYRTLE24"BOX 2"CAL LAGERSTROEMIA X `TONTO`JAPANESE CRAPE MYRTLE24"BOX 2"CAL MAGNOLIA X SOULANGIANASAUCER MAGNOLIA MULTI-TRUNK24"BOX 2.5"CAL 14`-16` PARKINSONIA FLORIDAPALO VERDE24"BOX PISTACIA CHINENSISCHINESE PISTACHE24"BOX QUERCUS AGRIFOLIACOAST LIVE OAK24"BOX 3"CAL 16`-18` AND UP RHUS LANCEAAFRICAN SUMAC24"BOXSHRUBSBOTANICAL NAMECOMMON NAMECONTWUCOLS AGAVE VILMORINIANAOCTOPUS AGAVE5 GAL LOW ANIGOZANTHOS X `BIG RED`BIG RED KANGAROO PAW5 GAL LOW BERBERIS THUNBERGII `ROSE GLOW`ROSY GLOW BARBERRY5 GAL LOW BERBERIS THUNBERGII `ROYAL CLOAK`ROYAL CLOAK BARBERRY5 GAL LOW CALAMAGROSTIS X ACUTIFLORA `KARL FOERSTER` FEATHER REED GRASS5 GAL LOW DIETES VEGETAAFRICAN IRIS1 GAL LOW FESTUCA MAIREIATLAS FESCUE5 GAL LOW GREVILLEA ROSMARINIFOLIAROSEMARY GREVILLEA5 GAL LOW HELICTOTRICHON SEMPERVIRENSBLUE OAT GRASS1 GAL LOW HESPERALOE PARVIFLORAYELLOW YUCCA5 GAL LOW LEUCOPHYLLUM FRUTESCENS `COMPACTA` COMPACT TEXAS RANGER5 GAL LOW LIGUSTRUM JAPONICUMJAPANESE PRIVET5 GAL LOW MUHLENBERGIA CAPILLARIS `REGAL MIST` TM MUHLY5 GAL LOW PHORMIUM TENAX `ATROPURPUREUM`PURPLE NEW ZEALAND FLAX5 GAL LOW RHAPHIOLEPIS INDICA `MAJESTIC BEAUTY` TM MAJESTIC BEAUTY INDIAN HAWTHORNE STANDARD 5 GAL LOW RHAPHIOLEPIS INDICA `PINK LADY`PINK LADY INDIAN HAWTHORN5 GAL LOWGROUND COVERSBOTANICAL NAMECOMMON NAMECONTWUCOLS ANNUALS VARIESFLAT ARTEMISIA X `POWIS CASTLE`POWIS CASTLE ARTEMISIA1 GAL EUONYMUS JAPONICUS `GOLDEN EDGE`GOLDEN EDGE EUONYMUS1 GAL LANTANA MONTEVIDENSIS `WHITE`TRAILING LANTANAFLAT LAVANDULA STOECHASSPANISH LAVENDER1 GAL MYOPORUM PARVIFOLIUMTRAILING MYOPORUMFLAT ROSMARINUS OFFICINALIS `HUNTINGTON CARPET` HUNTINGTON CARPET ROSEMARY1 GAL SALVIA FARINACEAMEALY BLUE SAGE1 GAL SALVIA GREGGII `RED`AUTUMN SAGE1 GAL SHRUB AREA `VARIES`SHRUB1 GAL SODHYDROSEEDSODPLANT SCHEDULE Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-070 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 5) Page 1 City of Lake Elsinore Printed on 2/9/2017 Final Map No 31920-10 October 25, 2016 Page 2 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Dina Purvis, Senior Engineering Technician Date:February 14, 2016 Subject:Final Maps 28214-6, -7, & -8, KB Homes Recommendations 1. Approve Final Maps No. 28214-6, -7, and -8 subject to the City Engineer’s acceptance as being true and correct. 2. That the City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Maps No. 28214-6, -7, and -8. Background The proposed Final Map No. 28214-6 consists of 5.96 acres which includes 11 residential lots, 1 park lot and 3 slope/landscaping/drainage lots. The proposed Final Map No. 28214-7 consists of 12.92 acres which includes 34 residential lots and 2 slope/landscaping lots. The proposed Final Map No. 28214-8 consists of 18.34 acres which includes 37 residential lots and 1 slope/landscaping/drainage lot. These lots are a previously graded, but unimproved portion of the Alberhill Ranch community. The proposed streets will be public and the landscaping maintenance will be provided by the HOA. All future public improvements have been secured. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 28214 and that all Conditions of Approval relative to the Final Map approval have been completed. The Master Developer has bonded for conditions of Approval applicable to Improvements required by occupancy thresholds. Fiscal Impact Internal public improvements are to be constructed by the developer. The surety is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents. Exhibits A.Vicinity Map B.Final Map Index LAKE STA S H S T ALBERHILL RANCH RD LADRILLO ST PEARL STFIR CIR LARKSPUR STISABELLA CIR NORRIS STCYPRESS CIR FERN CIRPOPLAR CIRJUNIPER CIR ALDERWOOD CIR BANYON CIR BALSA CIR IVY CT ASPEN CIR LAKE STA S H S T ALBERHILL RANCH RD LADRILLO ST PEARL STFIR CIR LARKSPUR STISABELLA CIR NORRIS STCYPRESS CIR FERN CIRPOPLAR CIRJUNIPER CIR ALDERWOOD CIR BANYON CIR BALSA CIR IVY CT ASPEN CIR VICINITY MAP Final Maps28214-628214-728214-8 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-071 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 6) Page 1 City of Lake Elsinore Printed on 2/9/2017 Page 1 of 4 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Damaris Abraham, Senior Planner Date:February 14, 2017 Subject:Planning Application No. 2016-107 (Cottage Lane)– A request by Frontier Communities for the approval of building design and construction of 41 single- family residential units. Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-107 (RESIDENTIAL DESIGN REVIEW NO. 2016-25) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2016-107 (RESIDENTIAL DESIGN REVIEW NO. 2016-25) PROVIDING BUILDING DESIGNS FOR 41 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT MAP NO. 32996, LOCATED WITHIN THE COTTAGE LANE SPECIFIC PLAN. Background On August 23, 2005, the City Council approved the Cottage Lane Specific Plan (CLSP) and its related applications (Mitigated Negative Declaration (MND) No. 2005-02, Tentative Tract Map (TTM) No. 32996, and Residential Design Review (RDR) No. 2005-06) which entitled an infill residential project on an approximately 12-acre site that included 48 detached single family residential units and a 20,000 square foot (SF) neighborhood park. Tract Map No. 32996 was finalized and recorded on December 14, 2006. Some improvements have already been put in place by the previous owner. Five of the lots (Lots 1, 2, 3, 48, and 49) have already been built out to completion and various easements have already been recorded. The current owner of the property has filed this application in order to continue with development of the remaining site as the previous design review application (RDR 2005-06) has expired. In addition, the applicant has prepared and submitted a Water Quality Management Plan (WQMP) for this project to meet current development standards. As a result of the WQMP, Lots 24 and 25 will be utilized for the detention basin in addition to Lot 49. Page 2 of 4 On January 17, 2017, the Planning Commission recommended approval of the proposed Project by a vote of 4-0. As part of their action, a Condition of Approval was added that requires plans for the private park to be submitted prior to the issuance of the 20th Certificate of Occupancy and construction to commence prior to the issuance of the 31st Certificate of Occupancy. Discussion Project Request and Location The applicant is requesting approval of Planning Application No. 2016-107 (Residential Design Review No. 2016-25) for the design and construction of 41 single-family residential units, preliminary plotting, conceptual wall and fence plan, including a new model home complex and related improvements (Project). The Project is located in Tract Map No. 32996, Lots 4 through 46, 49, 50, and 51 (APNs: 379-490-004 thru 010, 379-491-001 thru 039) located within the Cottage Lane Specific Plan (CLSP). The Project is located northwesterly of Riverside Drive, southeasterly of Machado Street, and northeasterly of Grand Avenue. Environmental Setting EXISTING LAND USE ZONING GENERAL PLAN Project Site Vacant Single Family Detached (SFD) - CLSP Specific Plan North Residential Single Family Residential (R-1)Low Medium Residential South Vacant High Density Residential (R-3)Medium Density Residential East School Public Institutional (PI)Public Institutional West Multi-Family The Village at Lakeshore Specific Plan Specific Plan Project Description Below is a description of the various design components and features of the proposed Project, including floor plans, architecture, preliminary plotting of production units, and the conceptual wall and fence plan. Floor Plans The Project proposes three (3) different single-family detached plans, as described below: Plan 1: Two-story 1,893 square foot units with three bedrooms; 2.5 baths; family room; dining room; kitchen; laundry; porch; loft; and two-car garage. As an option, the loft can be replaced with a fourth bedroom. Plan 2: Two-story 2,189 square foot units with four bedrooms; 3 baths; family room; dining room; kitchen; laundry; porch; loft; and two-car garage. As an option, the loft can be replaced with a fifth bedroom. Plan 3: Two-story 2,466 square foot units with four bedrooms; 3 baths; great room; living room; kitchen; laundry; porch; loft; and two-car garage. As an option, the loft can be replaced with a fifth bedroom. Page 3 of 4 The proposed Project will be developed with three (3) plans; Plan 1 will account for 12 units (29.3%), Plan 2 will account for 15 units (36.6%), and Plan 3 will account for 14 units (34.1%). The proposed plotting provides an appropriate mixture of plan and elevations types to ensure variety in the streetscape. Architecture and Treatments To provide variation in the models and floor plans, the proposed Project would offer three architectural styles and treatments, including Spanish, Traditional, and Craftsman Architectural Styles. The Spanish Style includes low profile “S” concrete roof tiles, Spanish style clay accent vent, accent color window and door trim, decorative exterior lights, and fiberglass shutters. The Traditional Style includes concrete flat tile roofs, brick accent columns and wainscot, accent color window and door trim, decorative exterior lights, and fiberglass shutters. The Craftsman’s Style includes concrete flat tile roofing, store accent columns and wainscot, 6x12 wood corbels, accent color window and door trim, decorative exterior lights and fiberglass shutters. Lots with elevations visible from public view will have additional features and treatments. Examples of these enhancements include additional wood shutters, and enhanced windowsills and treatment. Model Home Complex The proposed model home complex will feature Plans 1, 2 and 3 and will be located on lots 4, 5 and 6. The temporary sales trailer and parking will be on lots 7 and 8. The proposed complex provides a designated handicap access space, full landscape and hardscape improvements, trees, and shrubs. Conceptual Wall and Fence Plan The Conceptual Wall and Fence Plan for the project shows walls and fences that are consistent with the CLSP. Perimeter walls will be decorative block as outlined in the CLSP. Landscaping The proposed landscaping plan has been designed to complement the different architectural styles. The proposed landscaping has been designed to meet all water efficiency standards. Analysis The proposed Project has been reviewed for consistency with the General Plan, the Lake Elsinore Municipal Code (LEMC), and the CLSP. The proposed project meets all required development standards as identified in the CLSP. The CLSP was subject to a consistency finding with the General Plan prior to adoption. The proposed project is consistent with the provisions of the CLSP and is therefore found to be consistent with the General Plan. The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and Engineering have reviewed the proposed Project, and have conditioned the Project so as to Page 4 of 4 mitigate any concerns. The Project’s architecture, landscaping, walls, and fences have resulted in a well-designed residential project. Environmental Determination Pursuant to CEQA Guidelines Section 15162, staff has determined the proposed Project would not have a significant effect on the environment and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier Mitigated Negative Declaration (MND). All potentially significant impacts have been avoided or mitigated pursuant to the earlier MND and none of the conditions described in Section 15162 exist. MND No. 2005-02 prepared for CLSP and TTM 32996 was adopted by the City Council on August 23, 2005. The proposed Project is consistent with the CLSP and TTM 32996 and does not conflict with the findings and discussions contained in MND No. 2005-02. No substantial changes which require major revisions to the MND exist and no new information of substantial importance which require revisions to the earlier MND exist. Therefore, no further environmental documentation is necessary. Fiscal Impact The time and costs related to processing this Project have been covered by the Developer Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The approval of the Project does not fiscally impact the City’s General Fund. Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval. Exhibits A – MSHCP Resolution B – RDR Resolution C – Conditions of Approval D – Vicinity Map E – Aerial Map F – Design Review Package RESOLUTION NO. 2017-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-107 (RESIDENTIAL DESIGN REVIEW NO. 2016-25) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Frontier Communities has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-107 (Residential Design Review No. 2016- 25) for the design and construction of 41 single-family residential units, preliminary plotting, conceptual wall and fence plan, including a new model home complex and related improvements (Project). The Project is located in Tract Map No. 32996, Lots 4 through 46, 49, 50, and 51 (APNs: 379-490-004 thru 010, 379-491-001 thru 039) located within the Cottage Lane Specific Plan (CLSP); and, Whereas,Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the residential design review applications; and, Whereas,on January 17, 2017 at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 17.184.090 of LEMC the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for residential design review applications; and, Whereas,on February 14, 2017, at a duly noticed Public Meeting, the Council has considered the recommendation of the Commission as well as 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has considered the Project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency: Reso. No. 2017-___ Page 2 of 4 1.The Project is a project under the City’s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City’s MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other “Plan Wide Requirements.” The Project site is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSHCP’s other “Plan Wide Requirements.” The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). 2.The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review (JPR) processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City’s LEAP and JPR process. 3.The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4.The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5.The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6.The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7.The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in Reso. No. 2017-___ Page 3 of 4 MSCHP Section 6.3.1. 8.The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9.The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City’s MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The Project is consistent with the MSHCP. Section 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP. Section 4. This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 14th day of February, 2017. _____________________________ Robert E. Magee, Mayor ATTEST: ____________________________ Susan M. Domen, 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, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of February 14, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Reso. No. 2017-___ Page 4 of 4 Susan M. Domen, MMC City Clerk RESOLUTION NO. 2017-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2016-107 (RESIDENTIAL DESIGN REVIEW NO. 2016-25) PROVIDING BUILDING DESIGNS FOR 41 SINGLE- FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT MAP NO. 32996, LOCATED WITHIN THE COTTAGE LANE SPECIFIC PLAN. Whereas, Frontier Communities has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-107 (Residential Design Review No. 2016- 25) for the design and construction of 41 single-family residential units, preliminary plotting, conceptual wall and fence plan, including a new model home complex and related improvements (Project). The Project is located in Tract Map No. 32996, Lots 4 through 46, 49, 50, and 51 (APNs: 379-490-004 thru 010, 379-491-001 thru 039) located within the Cottage Lane Specific Plan (CLSP); and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the residential design review; and, Whereas,pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: CEQA) and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: CEQA Guidelines), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and, Whereas, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and, Whereas, a Mitigated Negative Declaration was adopted in August 23, 2005 for the CLSP and for Tract Map No. 32996 (Mitigated Negative Declaration No. 2005-02) and evaluated environmental impacts that would result from maximum build-out of the specific plan, which contemplated development of single family residential development; and, Whereas, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and, Whereas,on January 17, 2017, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 17.184.090 of the LEMC the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for residential design review applications; and, Reso. No. 2017-___ Page 2 of 3 Whereas,on February 14, 2017, at a duly noticed Public Meeting, the Council has considered the recommendation of the Commission as well as 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has considered the proposed Project and has found it acceptable. The Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), the CLSP, and the LEMC and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP, CLSP, and the LEMC. Section 2. The Council finds and determines that no new CEQA documentation is necessary. The Project comprises the whole of the action which was analyzed in the previously approved and adopted Mitigated Negative Declaration No. 2005-02 for the CLSP. Approval of the Project will not change density or intensity of use; it simply establishes standards for color palates, articulation, orientation, and design of single family residential development. Therefore, no further environmental review is necessary. Section 3. That in accordance with LEMC Chapter 17.184, the Council makes the following findings regarding Planning Application No. 2016-107 (Residential Design Review No. 2016-25): 1.The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The single-family detached residential development has a GP Land Use designation of Specific Plan and has a Zoning designation of Specific Plan. The proposed project constitutes build out of a previously approved and recorded tract map that was found to comply with the goals and objectives of the General Plan and CLSP. The proposed project does not propose an increase in density of development then what was previously approved. Further, the single family homes will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2.The single-family detached residential development complies with the design directives contained in the CLSP and all applicable provisions of the LEMC. The residential development is appropriate to the site and surrounding developments. The three (3) architectural styles proposed will create a distinctive street scene within the project site. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. 3.Conditions and safeguards pursuant to Chapter 17.184.070 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Reso. No. 2017-___ Page 3 of 3 Pursuant to Section 17.184.070 of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on January 17, 2017. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the Project will not result in a substantial change to the previously adopted Mitigated Negative Declaration. Therefore, no additional environmental review is necessary. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Planning Application No. 2016- 107 (Residential Design Review No. 2016-25). Section 5. This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 14th day of February, 2017. _____________________________ Robert E. Magee, Mayor ATTEST: ____________________________ Susan M. Domen, 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, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of February 14, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk Applicants Initials: _____ Page 1 of 20 CONDITIONS OF APPROVAL RESOLUTION:2017-XX and 2017-XX PROJECT: PA 2016-107/RDR 2016-25 PROJECT NAME:Cottage Lane PROJECT LOCATION:APNs: 379-490-004 thru 010, 379-491-001 thru 039 APPROVAL DATE:January 17, 2017 EFFECTIVE DATE: EXPIRATION DATE: GENERAL 1.Planning Application (PA) No. 2016-107/ Residential Design Review (RDR) No. 2016-25 consists of design and construction of 41 single-family residential units, preliminary plotting, conceptual wall and fence plan, including a new model home complex and related improvements (Project). The Project is located in Tract Map No. 32996, Lots 4 through 46, 49, 50, and 51 (APNs: 379-490-004 thru 010, 379-491-001 thru 039) located within the Cottage Lane Specific Plan (CLSP). 2.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Project. 3.Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4.Design Review approval for Residential Design Review No. 2016-25, shall lapse and become void two (2) 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. 5.All Conditions of Approval and Mitigation Measures related to CLSP and Tract Map No. 32996 shall be adhered to. 6.The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval. 7.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 PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 2 of 20 Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy. (Modified by the Planning Commission on 1/17/17). 8.All future development proposals shall be reviewed by the City on a project by project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 9.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. 10.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. 11.The following architectural details shall be provided: All front fence returns shall be decorative masonry walls. Wood fences will not be allowed along the front elevation. Wood, vinyl or steel (wrought iron or aluminum) gates are allowed in order to allow access to rear yards. The applicant shall provide four-sided articulation. Architectural enhancements and treatments shall be provided on all residential elevations (front, rear and side) visible from streets and other public views. All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed. 12.The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat area and air conditioning units. 13.Prior to the issuance of a building permit, the Applicant shall submit a product placement plan depicting the plan and design for each dwelling unit to be approved by the Community Development Director or designee. Care is to be taken to ensure that adjacent units with the same floor plan are minimized and reflect a diversity in architecture and colors to ensure that there is adequate variation in architectural design. 14.The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 3 of 20 shall obtain street addresses for all production lots prior to issuance of building permit. 15.No construction traffic shall go through Cottage Lane neighborhood. No construction signs shall be placed at intersections of Tiller Lane and Wavecrest Drive and Grand Avenue and Keel Drive. 16.Ulla Lane shall be accepted as a public street. Prior to Issuance of Grading Permits/Building Permits 17.Prior to the issuance of a grading permit, the project applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, including obtaining the necessary authorizations from the regulatory agencies for proposed impacts to jurisdictional waters. Authorizations may include a Section 404 Permit from the U.S. Army Corps of Engineers, a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, and a Section 401 Water Quality Certification/Waste Discharge Requirement from the Regional Water Quality Control Board. 18.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: Show that a masonry or decorative block wall will be constructed along the entire tract boundary. Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. Show the location of all wood, vinyl or steel (wrought iron or aluminum) gates placed within the front return walls. Show that side walls for corner lots shall be decorative masonry block walls. Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 19.Signs are not part of this project approval. All signage shall be subject to Planning Division or Planning Commission review and approval prior to installation. 20.Prior to issuance of the first building permit the applicant shall initiate the formation of a Homeowner’s Association (HOA) which shall be approved by the City. The formation of the HOA shall be completed prior to the issuance of the first certificate of occupancy. All Association documents shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such documents shall include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs). a. At a minimum, all recreation and park areas, all natural slopes and open space, all graded slopes abutting public street rights-of-way which are not part of residential lots, PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 4 of 20 up slopes from public rights-of-way within private lots, and all drainage basins shall be maintained by the Homeowner’s Association (HOA). 21.In connection with the formation of the HOA as provided in COA #20 and prior to issuance of the first building permit, the applicant shall apply for formation of a Community Facilities District to offset the potential annual negative fiscal impacts should the HOA default in its obligation to maintain any public facilities or public improvements as provided herein. The formation of the HOA shall be completed prior to the issuance of the first certificate of occupancy. Such formation will typically also include the provision for the levy of a special tax for purposes of repayment of bonded indebtedness, the proceeds of which will generally be available for reimbursement of the cost of public improvements incurred by the applicant. A default by the HOA shall be deemed to occur if: (i) the HOA files for bankruptcy; (ii) the HOA is dissolved; (iii) the HOA ceases to levy annual assessments for the maintenance of the improvements described above; or, (iv) the HOA fails to maintain such improvements at the same level as the City maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy such maintenance deficiency to the reasonable satisfaction of the City Council. The formation of a Community Facilities District under the Mello-Roos Act will include the authorization to levy of a special tax (generally designated as the “Special Tax B (Contingent)”) in the event that the HOA’s default. The services which may be funded with proceeds of Special Tax B (Contingent) shall be as provided by Section 53313 of the Mello Roos Act and will include all costs attributable to maintaining, servicing, repairing and/or replacing all public improvements to which the HOA has a duty to maintain as provided in these Conditions of Approval. In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax (Contingent) may be expended to pay reasonable “administrative expenses. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project. Applicant shall make a $7,500 non-refundable deposit to cover the cost of the formation or other mitigation process, as applicable. The method used to satisfy this condition shall be written into the Covenants, Conditions and Restrictions (CC&Rs) adopted for this subdivision, and distributed to all HOA residential members. 22.Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) 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. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 5 of 20 take place on Sunday, or any Legal Holidays. The sign shall identify the name and phone number of the development manager to address any complaints. 23.Prior to issuance of a building permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped-accessible bathroom. 24.Construction phasing shall be implemented in accordance with the approved Phasing Plan which avoids construction traffic from entering occupied neighborhoods within the tract. 25.A cash bond shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 26.A cash bond shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 27.A cash bond shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 28.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit. 29.The project shall connect to water and 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. 30.All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit. 31.All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent planting coverage using a combination of drip and conventional irrigation methods. Construction Landscape & Irrigation drawings shall be prepared, reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director or designee. A Cost Estimate for materials and labor shall also be submitted for review and approval. A Landscape Plan Check fee will be charged prior to final landscape approval based on the Consultant's fee, inspection, permits and administration fees. The applicant shall replace any street trees harmed during construction, in conformance with the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 6 of 20 Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed two (2) feet and whose canopy does not fall below six feet. The landscape plan shall provide for California native drought-tolerant ground cover, shrubs, and trees. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. No front-yard grass turf landscaping will be installed. All landscape improvements shall be bonded with a ten percent (10%) Faithful Performance Bond of the approved estimated labor and materials cost for all planting. The bond shall remain in effect for one year from Certificate of Occupancy. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. All Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by: 1) Implementing hydrozones; 2) Eliminating high and medium water-use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates low to very low water-efficient (“drought-tolerant” / climate-appropriate) plants; 3) Requires an efficient irrigation system that includes: a. ET-Based (“Smart irrigation”) controller(s) with weather-sensing, automatic shut-off and seasonal adjustment capabilities; b. Efficient irrigation water application through use of: i.Low-volume point-source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90; and/or, ii. Rotor-type nozzles for areas greater than ten (10) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 4) Improvement of soil structure for better water retention; and PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 7 of 20 5) Application of mulch to hinder evaporation. The Final landscape plan shall be consistent with any approved site and/or plot plan. The Final landscape plan shall include planting and irrigation details. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. All landscaping and irrigation shall comply with the water-efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. 32.Prior to the issuance of the 20 th Certificate of Occupancy plans shall be submitted for the private park and construction to commence prior to the issuance of the 31st Certificate of Occupancy. (Added by the Planning Commission on 1/17/17) BUILDING DIVISION General Conditions 33.Final Building and Safety Conditions. 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. 34.Compliance with Code. 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. As of January 1, 2017 all California codes will be plan checked under the 2016 California Code of Regulations Title 24. 35.Street Addressing. 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. 36.Clearance from LEUSD. 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. 37.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 38.Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 8 of 20 standards, and any block walls will require separate approvals and permits. 39.Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance. At Plan Review Submittal 40.Submitting Plans and Calculations. 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. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 41.Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 42.Demolition Permits. 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) 43.Plans Require Stamp of Registered Professional.Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 44.Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DIVISION General 45.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. 46.All open space, slopes, parks and flood control district facilities, outside the public right-of- PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 9 of 20 way shall be owned and maintained by property owner or property owner’s association. 47.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. 48.Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 49.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. 50.The developer shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 51.All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. FEES 52.The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include: Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Area Drainage Fee. 53.Mitigation Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design: 54.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: General Permit –Construction General Permit – Industrial Scrap Metal Deminimus Discharges MS4 55.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. 56.The final WQMP shall be approved prior to issuance of any encroachment, grading or building permit. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 10 of 20 57.Water Quality Facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 58.The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for WQMP preparation. 59.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: Detailed site and project description Potential stormwater pollutants Post-development drainage characteristics Low Impact Development (LID) BMP selection and analysis Structural and Non-Structural source control BMPs Site design and drainage plan (BMP Exhibit) Vector issues are addressed in the BMP design, operation and maintenance. GIS coordinates for all LID and Treatment Control BMPs HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre- development hydrologic regime. 60.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) Evaluation of highest and best use for sites discharging to Lake Elsinore. Preventative measures (these are mostly non-structural measures, e.g., preservation of natural features to a level consistent with the MEP standard; minimization of Urban Runoff through clustering, reducing impervious areas, etc.) 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). 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. 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 PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 11 of 20 requirements set forth in Section XII.G. 61.Parking lot landscaping shall be designed to with concave landscape grading and provide for treatment, retention or infiltration of runoff. 62.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. 63.Trash enclosures shall be covered and bermed. 64.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. 65.CEQA – If CEQA identifies 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. 66.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: 67.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. 68.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: 69.Recorded Operation and Maintenance (O&M) Plan that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (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. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 12 of 20 70.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. 71.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: 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. Demonstrate that the project has complied with all non-structural BMPs described in the project’s WQMP. Provide signed, notarized certification from the engineer of work that the structural BMP’s identified in the project’s WQMP are installed and operational. Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. Provide documentation of annexation into a CFD for funding of facilities to be maintained by the City. 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. 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 O&M Plan. A signed/sealed certification from the engineer of work dated 12 months after C of O will be considered in lieu of a Special Investigation by the City. Provide a recorded copy of one of the following: 1. CC&R’s (they must include the approved WQMP and O&M Plan) for the project’s Owners Association. 2. A water quality implementation agreement with the approved WQMP and O&M Plan attached; or 3. The final approved Water Quality Management Plan and Operations and Maintenance Plan. FINAL TRACT OR PARCEL MAP 72.Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits. 73.Prior to issuance of the first certificate of occupancy the developer shall, in accordance with Government Code, have constructed all improvements or have improvement plans submitted and approved, agreements executed and securities posted. UTILITIES: 74.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 13 of 20 of the roadway shall be the responsibility of the property owner or his agent. 75.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). 76.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 77.The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. 78.The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 79.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 80.The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 81.10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 82.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 83.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 84.The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 85.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. 86.The developer shall construct full street improvements per Specific Plan street right-of- way requirements. The cross section of roadway improvements with a parkway and street lights shall be constructed to the satisfaction of the City Engineer. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 14 of 20 87.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. Permitting/Construction 88.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. 89.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 90.All streets shall be constructed per Lake Elsinore City Standards and/or applicable specific plan. Any deviation from City standards shall be approved by the City Engineer. Acceptance of Improvements 91.The developer shall submit a written request for acceptance to the City Engineer. 92.As-built plans shall be completed and signed by the City Engineer. GRADING Design: 93.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). 94.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 95.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 96.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. 97.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. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 15 of 20 Permit/Construction: 98.Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 99.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 100.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 101.Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 102.Export sites located within the Lake Elsinore City limits must have an active grading permit. 103.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. 104.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 105.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. 106.Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 107.Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 108.Developer shall pay all grading permit applicable processing, permit, security and development fees. PRIOR TO ISSUANCE OF BUILDING PERMIT 109.Provide final soils and geology reports prior to building permit. 110.All street improvement plans and signing and striping plans shall be completed and approved by the City Engineer. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 16 of 20 111.The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 112.All signing and striping and traffic control devices for the required improvements of this development shall be installed. 113.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. 114.All water and sewer improvements shall be completed in accordance with Water District requirements. 115.Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, parks and drainage facilities shall be provided. 116.TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 117.As-built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ 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. 118.All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows: Final Map(s) - GIS Shape files* and .tif of recorded map. Improvement Plans – GIS Shape files* and .tif of approved as built mylar. Grading Plans - .tif of approved as built mylar. *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 119.Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ x 11” mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 120.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. 121.Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 17 of 20 Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and 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. 122.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. 123.Developer shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF and area drainage prior to occupancy/final approval. CITY OF LAKE ELSINORE FIRE MARSHALL General Conditions 124.Riverside County Fire Department at Lake Elsinore Office of the Fire Marshal Responsibility - It is the responsibility of the recipient of these Fire Department conditions to 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. 125.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. 126.Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,000 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 500’ and 250’ maximum distance from any point on the street or road frontage to hydrant. 127.Standard Fire Hydrants - Standard fire hydrants (6” x 4” x 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. The required fire flow shall be available from any adjacent PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 18 of 20 hydrant (s) in the system 128.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: 1. Twenty-four feet (24’) 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. 2. 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), 1973]. 3. The required all weather vehicular access shall be able to support no less than 75,000 lbs. over 2 axles. 4. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. 5. Turning Radius shall be 24’ inside and 48’ outside for all access roads. 129.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 20 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. Prior to Building Permit Issuance 130.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. 131.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. 132.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 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. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 19 of 20 Prior to Building Final Inspection 133.Residential Fire Sprinkler Systems for Single family and two-family 13D - Install a complete fire sprinkler system designed in accordance with California Residential Code, California Fire Code and adopted standards. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. MITIGATION MONITORING AND REPORTING PROGRAM 134. The Mitigation Monitoring & Reporting Program ((MMRP) for (EIR or MND), which was adopted for this Project. ADMINISTRATIVE SERVICES DEPARTMENT 135.Prior to issuance of the first building permit, the applicant shall start the annexation process into the Landscaping and Lighting Maintenance District (LLMD) Number 1 to fund the on-going operation and maintenance of the public right-of-way landscaped areas 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 to offset the annual negative fiscal impacts of the project. The annexation process shall be completed prior to the issuance of the first certificate of occupancy. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a seven thousand five hundred dollar ($7,500) non-refundable deposit to cover the cost of the annexation, formation or other mitigation process, as applicable. PA 2016-107/RDR 2016-25 Planning Commission: 01/17/2017 Conditions of Approval City Council: 02/14/2017 Applicants Initials: _____Page 20 of 20 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 Council of the City of Lake Elsinore on . I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: GRAND AVE ULLA LN RIVERSIDE DRTILLER LN KEEL DRMACHADO STWINDOVER CT GRAND AVE ULLA LN RIVERSIDE DRTILLER LN KEEL DRMACHADO STWINDOVER CT Planning Application No. 2016-107Residential Design Review No. 2016-25 VICINITY MAP PROJECT SITE ´ GRAND AVE ULLA LN RIVERSIDE DRTILLER LN KEEL DRMACHADO STWINDOVER CT Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community GRAND AVE ULLA LN RIVERSIDE DRTILLER LN KEEL DRMACHADO STWINDOVER CT Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community Planning Application No. 2016-107Residential Design Review No. 2016-25 AERIAL MAP PROJECT SITE ´ GARAGE20'-4" x 20'-1"KITCHEN12'-0" x 9'-8"ROOM15'-10" x 10'-3"DININGROOM18'-6" x 14'-1"FAMILYENTRYPORCH14'-0" x 6'-0"PDR.STORAGE M. BEDROOM15'-4" x 14'-1"W.I.C.BEDROOM 210'-0" x 10'-9"BEDROOM 310'-0" x 12'-5"BEDROOM 412'-4" x 12'-5"LAUN.M. BATH6'-4" x 5'-4"LOFT/ OPT.BEDROOM 410'-0" x 12'-5" ALL ROOF PITCH ARE : 4/12 U.N.O.1. Stucco FinishBuilding Materials4. Spanish Style Clay Accent Vent3. 2" Buildout Stucco Wainscot2. Low Profile 'S' Concrete Roof Tile5. Accent Color Window and Door Trim6. Decorative Exterior Lights7. Fiberglass Shutters as applies Building Materials3. Brick Accent Columns & Wainscot2. Concrete Flat Tile Roofing1. Stucco Finish4. Accent Color Window and Door Trim5. Decorative Exterior Lights6. Fiberglass Shutters as appliesALL ROOF PITCH ARE : 4/12 U.N.O. ALL ROOF PITCH ARE : 4/12 U.N.O.Building Materials1. Stucco Finish and Harboard Siding2. Concrete Flat Tile Roofing3. Stone Accent Columns & Wainscot4. 6x12 Wood Corbels5. Accent Color Window & Door Trim6. Decorative Exterior Lights7. Fiberglass Shutters as applies GARAGE20'-0" x 20'-0"KITCHEN10'-4" x 15'-0"ROOM10'-0" x 15'-0"DININGROOM14'-0" x 17'-0"FAMILYENTRYPORCH5'-2" x 10'-0"BEDROOM 510'-0" x 10'-0"BATH 3 M. BEDROOM14'-8" x 17'-0"W.I.C.BEDROOM 210'-4" x 12'-0"BEDROOM 3BEDROOM 414'-8" x 12'-6"LAUN.BATH 2M. BATH6'-4" x 5'-6"LOFT/ OPT.11'-8" x 11'-8"BEDROOM 412'-4" x 12'-6" ALL ROOF PITCH ARE : 4/12 U.N.O.1. Stucco FinishBuilding Materials4. Spanish Style Clay Accent Vent3. 2" Buildout Stucco Wainscot2. Low Profile 'S' Concrete Roof Tile5. Accent Color Window and Door Trim6. Decorative Exterior Lights7. Fiberglass Shutters as applies Building Materials3. Brick Accent Columns & Wainscot2. Concrete Flat Tile Roofing1. Stucco Finish4. Accent Color Window and Door Trim5. Decorative Exterior Lights6. Fiberglass Shutters as appliesALL ROOF PITCH ARE : 4/12 U.N.O. ALL ROOF PITCH ARE : 4/12 U.N.O.Building Materials1. Stucco Finish and Harboard Siding2. Concrete Flat Tile Roofing3. Stone Accent Columns & Wainscot4. 6x12 Wood Corbels5. Accent Color Window & Door Trim6. Decorative Exterior Lights7. Fiberglass Shutters as applies PORCH14'-0" x 5'-6"ENTRYLIVINGROOMKITCHEN13'-8" x 15'-0"10'-2" x 17'-8"ROOM24'-2" x 17'-8"GREATGARAGE20'-4" x 20'-0"BATH 3BEDROOM 410'-0" x 11'-0"HALL BEDROOM16'-6" x 15'-0"MASTERBATHMASTERBEDROOM 310'-0" x 10'-10"BEDROOM 210'-0" x 10'-10"W.I.C.HALLBEDROOM 513'-8" x 12'-2"LAUNDRY6'-6" x 9'-0"BATH 2LOFT/13'-8" x 11'-0"BEDROOM 5 1. Stucco FinishBuilding Materials4. Spanish Style Clay Accent Vent3. 2" Buildout Stucco Wainscot2. Low Profile 'S' Concrete Roof Tile5. Accent Color Window and Door Trim6. Decorative Exterior Lights7. Fiberglass Shutters as appliesALL ROOF PITCH ARE : 4/12 U.N.O. Building Materials3. Brick Accent Columns & Wainscot2. Concrete Flat Tile Roofing1. Stucco Finish4. Accent Color Window and Door Trim5. Decorative Exterior Lights6. Fiberglass Shutters as appliesALL ROOF PITCH ARE : 4/12 U.N.O. Building Materials1. Stucco Finish and Harboard Siding2. Concrete Flat Tile Roofing3. Stone Accent Columns & Wainscot4. 6x12 Wood Corbels5. Accent Color Window & Door Trim6. Decorative Exterior Lights7. Fiberglass Shutters as appliesALL ROOF PITCH ARE : 4/12 U.N.O. Frontier Homes, Lake ElsinorePlan 1A, 1B & 1C Lisa Strauss December 10th, 2016 Plan 1A, Scheme 1 Plan 1B, Cottage, Scheme 7 Plan 1C, Craftsman, Scheme 2 Frontier Homes, Lake ElsinorePlan 2A, 2B & 2C Lisa Strauss December 5th, 2016 Plan 2A, Spanish, Scheme 4 Plan 2B, Cottage, Scheme 8 Plan 2C, Craftsman, Scheme 3 Frontier Homes, Lake ElsinorePlan 3A, 3B & 3C Lisa Strauss December 5th, 2016 Plan 3A, Spanish, Scheme 5 Plan 3B, Cottage, Scheme 9 Plan 3C, Craftsman, Scheme 6 SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 20168 TITLE SHEET190'4&'8'.12'4(4106+'4%1//70+6+'576+%##8'07'57+6'4#0%*1%7%#/10)#%#%106#%62'4510/#66*'9'537+8'.241,'%62.#00'41((+%'ÄÄ.#0&5%#2'#4%*+6'%6.#06':.#0&5%#2'#4%*+6'%674'Ä2.#00+0)%#/+01%#2+564#0157+6'.#)70#0+)7'.%# Ä%106#%62'4510$.#-'*+0/#0'/#+.#&&4'55$.#-'*+0/#0".#06':.#%1/T-1'0)+0''45&'0)+0''4+0)#0&#551%+#6'5'#+42146&4+8'56'5#0$'40#4&+01%#2* Ä#660574'5*&1&&+#*+0&':/#2065SHEET I-1, P-1LAKE ELSINORE, CALIFORNIATYPICAL PLANSTRACT 32996SHEET INDEX6Ä+Ä+Ä+&Ä2Ä2&Ä5+Ä52Ä6+6.'5*''6+44+)#6+102.#0+44+)#6+10.')'0&+44+)#6+10&'6#+.52.#06+0)2.#02.#06+0)&'6#+.5+44+)#6+1052'%+(+%#6+1052.#06+0)52'%+(+%#6+1051 PLAN 3PLAN 2FAFFFFFFFFFFFFFFFAAAFFCRECREMMAPLAN 1FAFFFFFFFFAACREMSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 20168IRRIGATION PLANI-12 MDCFEL or MDCFTEE W/ MDCF75FPT FITTING FOR CONNECTION BETWEEN PVC LATERAL LINES AND DRIP TUBINGRAIN BIRDP.O.C.DOMESTIC WATER METER FOR FUTURE RESIDENCE, EXISTING PER CIVIL DRAWINGS - SYMBOL NOT SHOWN. PRECIP.RATEPSIGPMMODEL NO. / DESCRIPTIONMANUFACT.SYMBOLIRRIGATION LEGEND WILKINS500HLR 1.25" PRESSURE REGULATOR (REQUIRED IF HOSE PRESSURE EXCEEDS 85PSI) SYMBOL NOT SHOWN. WATTSN/ATOROEVO-WS ET/ WEATHER SENSOR TO BE INCLUDED AND INSTALLED WITH THE CONTROLLER.AS APPROVEDAS APPROVEDAS APPROVEDPVC PIPE SCH. 40 AS SLEEVING, TWICE THE DIAMETER OF PIPE OR WIRE BUNDLE CARRIEDPVC PIPE 3/4" - 2" SCH. 40 AS LATERAL LINES 12" BELOW GRADEPVC PIPE 1.25" CL. 315 AS MAINLINES 18" BELOW GRADETOROPLACE BELOW ALL PAVING, HARDSCAPE, ETC., AND AS DIRECTED BY OWNER'S AUTHORIZED REPRESENTATIVE.120 VOLT ELECTRICAL POWER, PROVIDED BY ELECTRICIAN, VERIFY ACTUAL LOCATION IN FIELD3MK.B.I.AS APPROVEDK.B.I.IRRIGATION CONTROL WIRE #14UF AWG DIRECT BURIAL (U.L. APPROVED)WHEN RCV IS HIGHER THAN THE SPRINKLERSNO SYMBOLNO SYMBOLNO SYMBOLNO SYMBOLKC-XXX-S SPRING CHECK VALVE, LINE SIZE, 1 DOWNSTREAM OF EACH RCV IMMEDIATELY ABOVE FIRST LATERAL LINE TEE, KSC-XXX-S SWING CHECK VALVE, LINE SIZE, 1 DOWNSTREAM OF EACH RCV WHEN RCV IS LOWER THAN THE SPRINKLERSDBY DIRECT BURIAL WATER-PROOF WIRE CONNECTORS FOR USE ON ALL WIRE CONNECTIONSW20.5HUNTERRAIN BIRDNO SYMBOL0.95NO SYMBOLALL CONNECTIONS BETWEEN DRIP TUBING SHALL BE MADE USING "RAIN BIRD EASY FIT" FITTINGSRAIN BIRDRAIN BIRDRAIN BIRDGPMGPMGPMGPMGPMGPMGPM5 TO 100 TO 510 TO 1515 TO 2525 TO 3535 TO 5050 TO 100NOTE:3/4" CL. 200 PVC PIPE1" CL. 200 PVC PIPE1-1/2" CL. 200 PVC PIPE2" CL. 200 PVC PIPE2-1/2" CL. 200 PVC PIPE3" CL. 200 PVC PIPE1-1/4" CL. 200 PVC PIPEPIPE SIZING CHARTSIZE EXCEED DESIGNATED GPM RANGE.PIPE SIZING CHART, IN NO INSTANCE SHALL PIPE CONTRACTOR SHALL SIZE ALL LATERAL LINES PERVALVE TYPEVALVE NUMBERG.P.M.VALVE SIZERADIUS(.5 GPM)2 - BUBBLERTREESPLANT / GROUND COVER EMITTER LEGEND2 - 2.0 GPH2 - 2.0 GPH# OF EMITTERS / GPH2 - 1.0 GPH (2.0 GPH) RAINBIRD XB-10PC PLANT WATER TYPE USELOW MODERATE SHRUBSMODERATE SHRUBSLOW SHRUBS(4.0 GPH) RAINBIRD XB-20PC(4.0 GPH) RAINBIRD XB-20PCPOINT TO POINT DRIPTREE BUBBLERTOROTOROEZF-29-03 REMOTE CONTROL VALVE. XXXXXXXXIRRIGATION NOTESFRONT YARD TYPICAL NOTESSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 20168IRRIGATION LEGENDI-13 SLEEVE TRENCHINGALL CURBS SHALL BE MARKED WITH A "SCORE" MARK TO DESIGNATE SLEEVE LOCATION.ALL PVC MAINLINE, PVC LATERAL LINES, AND CONTROL WIRES SHALL BE SLEEVED BELOW ALL HARDSCAPE ELEMENTS WITH SCH. 40 PVC, 2 TIMES THE DIAMETER OFTHE PIPE OR WIRE BUNDLE WITHIN.PLAN VIEW - N.T.S.NOTE:DEPTH BELOW GRADEDIMENSIONSECTION VIEW - N.T.S.EE24"A36"BEEADBC30 DEGREES, UNTIE AFTER ALL CONECTIONSCHANGES OF DIRECTION GREATER THAN TIE A 36" LOOP IN ALL WIRING AT HAVE BEEN MADE.IN SCH. 40 SLEEVE120 VOLT ELECTRICALEXISTING SOILBUNDLE CARRIED.OF THE PIPE OR WIRETWICE THE DIAMETERPVC SLEEVES TO BEIN SCH. 40 SLEEVEIN SCH. 40 SLEEVEIN SCH. 40 SLEEVECONTROL WIRESPRESSURE MAINLINELATERAL LINESTO THE DENSITY OFSAND BACKFILL COMPACTEDUNDISTURBED SOILPAVING OR D.G. PATH36"D36"C6"EESLEEVE DETAIL SHALL ALSO BE USED FOR INSTALLATION OF PIPE IN ROCK SOIL.BALL VALVE 2"FLOW4"SECTION VIEW - N.T.S.PLAN VIEW - N.T.S.WIRE CONNECTORLOCK TABS PREVENT WIRE REMOVAL INTO THE CONNECTIOR. TWIST CONNECTOR ONTO WIRES TO INSULATION PRIOR TO INSERTION PRE-STRIPPED OF 1/2" OF THE CONNECTOR. WIRES SHALL BESCOTCHLOK ELECTRICAL SPRINGONCE CONNECTOR IS INSERTEDCONNECTOR PASSES LOCK TABSSCOTCHLOK CONNECTOR AND WIRESINSERTED INTO TUBE UNTIL THE2 #12 PRE-STRIPPED COPPER WIRES. LARGER WIRES OR GREATER QUANTITIES OF WIRES DIRECT BURY SPLICE KIT SHALL BE USED TO ELECTRICALLY CONNECT 2 - 3 #14 OR KIT SHALL INCLUDE A SCOTCHLOK SPRING CONNECTOR, A POLYPROPYLENE TUBE AND A WIRE CONNECTOR SHALL BE A 3M DBY DIRECT BURY SPLICE KIT.WATERPROOF SEALING GEL. TUBE SHALL BE SUPPLIED PREFILLED WITH GEL.NOTE:SEAT FIRMLY.LOW VOLTAGE WIRES, 3 MAXIMUMCLOSE TUBE LID AFTER WIRETUBE LID TO ALLOW LID TO CLOSEWIRES PASS THROUGH GROOVES INIS INSERTED INTO TUBEPOLY TUBE PRE-FILLED WITHWATERPROOF GELSHALL REQUIRE A LARGER APPROVED WIRE CONNECTION.SECTION VIEW - N.T.S.24"24"PIPE AND WIRETRENCHING18"ALL PLASTIC PIPING SHALL BE SNAKED WITHIN TRENCH.BUNDLE WIRING AND WRAP WITH TAPE AT TEN FOOT INTERVALS.ALL MAINLINE PIPING TO BE INSTALLED IN ACCORDANCE WITH MANUFACTURERS3" AND LARGER2" TO 2 1/2" IN SIZE1/2" TO 1 1/2" SIZESECTION VIEW - N.T.S.INSTALLATION SPECIFICATIONS.NOTE:18"12"12"DIMENSIONAEEDFEABEBFC6"24"18"24"30"30"6"6"6"CLEAN SAND BACKFILL,UNDISTURBED SOILIN SCH. 40 CONDUITINSTALL AT MAINLINE DEPTH120 VOLT ELECTRICAL SPECIFICATIONSPRESSURE MAINLINE, SEECONTROL WIRES, SEE SPECS.LATERAL LINES, SEE SPECS.CLEAN COMPACTED BACKFILLCEDEFFINISHED GRADE6"6"SEE SPECIFICATIONSHOUSE CONNECTIONADRIP ANTI-SIPHON VALVEREMOTE CONTROLANTISIPHON VALVEBCDHGFCONTROLLERESHRUB POINT TO POINT DRIPIDRIP FLUSH VALVELAIR RELIEF VALVEJSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 20168+44+)#6+10&'6#+.5+&Ä PLAN 3S-3S-2S-1S-3S-3S-3S-3S-3S-3S-2S-2S-2S-2S-2S-2S-2S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-3S-3S-3S-3S-3S-3S-3S-3S-3S-3S-3S-3S-3S-3S-3S-3PLAN 2STSTSTSTT- 3ST- 3T- 2T- 2ST- 3ST- 3ST- 3S3'7'TYPICAL CONRETETRASH PADTYPICAL CONRETETRASH PAD3'7'PLAN 1S-2S-1S-3S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-1S-3S-3S-3S-3S-3S-3S-3S-3S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-2S-1S-1S-1S-1S-1S-1S-1STT-1T-1STYPICAL CONCRETETRASH PAD3'7'PLANTING SCHEDULESHRUBSSYMBOTANICAL NAMECOMMON NAMEWUCOLSSIZESPACINGGROWTH SIZEH/WS-3COTONEASTER PARNEYIBUTTERFLY BUSHL5 GAL.8' x 10'S-3CALLIANDRA CALIFORNICABAJA FAIRY DUSTERL5 GAL.4' x 4'S-2EURYOPS PETINATUSSHRUB DAISYL5 GAL.4' x 4'S-1LAVANDULA ANGUSTIFOLIAENGLISH LAVENDERL1 GAL.4' x 3'S-2LAVANDULA DENTATAFRENCH LAVENDERL5 GAL.4' x 6'S-2SALVIA GREGGIIAUTUMN SAGEL5 GAL.4' x 4'S-3SALVIA LEUCANTHAMEXICAN BUSH SAGEL5 GAL.4' x 6'S-1SALVIA CLEVELANDIISALVIAL1 GAL.4' x 4'S-1WESTRINGIA FRUCTICOSACOAST ROSEMARYL1 GAL.3' x 3'GROUNDCOVERSGC-1LANTANA MONTEVIDENSIS (GOLD CULTIVARS)TRAILING LANTANAL1 GAL.4' 0.C.2' x 6'GC-2ROSMARINUS O. 'HUNTINGTON CARPET'HUNTINGTON CARPET ROSEMARYL1 GAL.6' O.C.2' x 8'GC-3BACCHARIS P. PILULARIS 'TWIN PEAKS'DWARF COYOTE BUSHL1 GAL.3' O.C.15" x 8'NOTE TO CONTRACTOR: IF GRAPHIC REPRESENTATION OF PLANTINGS ON PLANS DOES NOT MATCH QUANTITIES IN PLANT LIST, GRAPHICREPRESENTATION OF PLANTINGS ON PLANS WILL GOVERN.PLANTING SCHEDULETREES - THE TREE IN THE FRONT OF THE HOME SHALL BE 24" BOX . THE TREE ON THE SIDE YARD SHALL BE 15 GAL.SYMBOTANICAL NAMECOMMON NAMEWUCOLSSIZECOMMENTSGROWTH SIZEH/WT-1BRACHYCHITON POPULNEUSBOTTLE BRUSHL24" BOX40' x 30'T-1S(SIDE)PRUNUS ILICIFOLIAHOLLY-LEAFED CHERRYL15 GAL.20' x 20'T-2LAURUS NOBILIS 'SARATOGA'SWEET BAYL24" BOX30' x 30'T-2S(SIDE)LAGERSTROEMIA MUSKOGEEMUSKOGEE CRAPE MYRTLEM24" BOX20' x 15'T-3ARBUTUS UNEDOSTRAWBERRY TREEL24" BOX25' x 25'T-3S(SIDE)CERCIS OCCIDENTALISWESTERN RED BUDL15 GAL.15' x 15'VINESŸMACFADYENA UNGUIS-CATICAT'S CLAW VINEL1 GAL.MAX SPACE 15'O.C.30' LONGNOTE TO CONTRACTOR: IF GRAPHIC REPRESENTATION OF PLANTINGS ON PLANS DOES NOT MATCH QUANTITIES IN PLANT LIST, GRAPHICREPRESENTATION OF PLANTINGS ON PLANS WILL GOVERN.ST - STREET TREE PLANTING SCHEDULETREESSTREETBOTANICAL NAMECOMMON NAMEWUCOLSSIZECOMMENTSGROWTH SIZEH/WTILLER LANEARBUTUS UNEDOSTRAWBERRY TREEL24" BOXSTD30' x 30'COTTAGE LANERHUS LANCEAAFRICAN SUMACL24" BOXSTD25' x 25'VICTORIA WAYLAURUS NOBILIS 'SARATOGA'SWEET BAYL24" BOXSTD.30' x 30'ULLA LANEPRUNUS ILICIFOLIAHOLLY-LEAFED CHERRYL24" BOXSTD.20' x 20'ROOT BARRIER NOTE:ALL TREES WITHIN 8'-0" OF HARDSCAPE SHALL RECEIVE ROOT BARRIERS PRODUCT "LIB 24-2 POLYPROPYLENE, WITH 0.085" WALLS ASMANUFACTURE BY DEEPROOT COMPANY CO.345 LORTON AVE, SUITE 103 BURLINGAME, CA 92010 CITY STANDARD "608. INSTALL LINEAR ROOT BARRIERS PER CITYSTANDARDS OR BIOBARRIER.MULCH NOTE:INSTALL 3" SHREDDED BARK MULCH IN ALL SHRUB AREASMULCH NOTE:INSTALL 3" SHREDDED BARK MULCH IN ALL SHRUB AREASGROUNDCOVER LOCATIONSPLANGROUNDCOVER1GC-22GC-13GC-3SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 20168PLANTING PLANP-1SIDEWALKROWPROPERTY LINEPROPERTY LINECURB FACESIDEWALKROWCURB FACEPROPERTY LINEPROPERTY LINEPARKWAYPARKWAYPARKWAY5 LOCATE PLANTS EQUALLY (TRIANGULAR SPACED)PER SPACING INDICATED ON PLANSSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 201682.#06+0)&'6#+.52&Ä and groundcovers.and location of sprinkler heads.B. Water Supply:A. Physical Layout:3.2 Preparation:2. All layout shall be approved by Landscape Architect prior to installation.1. Prior to installation, the Contractor shall stake out all pressure supply lines, routing, proceed before starting work on the sprinkler irrigation system.4. The Contractor shall carefully check all grades to satisfy himself that he may safely no interference with utilities or other construction or difficulty in planting trees, shrubs, 3. Coordinate installation of sprinkler irrigation materials, including pipe so there shall be shown on drawings.C. Electrical Supply:and as noted.3.3 Installation:A. Trenching:B. Backfilling:connection as shown on the drawings.Contractor is responsible for minor changes caused by actual site conditions.2. Connections shall be made at approximate locations as shown on the drawings. 1. Electrical connections for automatic controller shall be made to electrical points of Contractor is responsible for minor changes caused by actual site conditions.2. Connections shall be made at approximate locations as shown on the drawings. 4. Provide for a minimum cover of 18-inches for all control wiring.3. Provide for a minimum cover of 12-inches for all non-pressure lines.2. Provide for a minimum cover of 18-inches for all pressure supply lines.even grade. Trenching excavation shall follow layout indicated on the drawings 1. Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to 1. Sprinkler irrigation system shall be connected to water supply points of connection as this is not possible, the side of the trench adjacent to the tree shall be kept 1. The Contractor shall flush and adjust all sprinkler heads for optimumperformance and to prevent overspray onto walks, roadways, and2. If it is determined that adjustments in the irrigation equipment willprovide proper and more adequate coverage, the Contractor mayalso include changes in nozzle sizes and degrees of arc as required.3. Lowering raised sprinkler heads by the Contract shall be accomplished within ten days after notification by Owner or Landscape Architect.4. All sprinkler heads shall be set perpendicular to finished gradeunless otherwise designated on the plan or as required for propershaded with burlap or canvas.B. Testing of Irrigation System:3.6 Field Quality Control:A. Adjustment of the System:buildings as much as possible.coverage (slopes, etc.).equal. Trenches adjacent to trees should be closed within 24-hours, and where 1. Install the sprinkler heads as designated on the drawings. Sprinkler heads to be installed in this work shall be equivalent in all respects to those 2. Spacing of sprinkler heads shall not exceed the maximum as indicatedon the drawings. In no case shall the spacing exceed the maximum3.4 Temporary Repairs: The Owner reserves the right to make temporary repairsto keep the sprinkler system equipment in operating condition. The exerciseof this right by the Owner shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified.3.5 Existing Trees: Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where 2-inch and larger roots occur shall be done by hand. All roots 2-inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than 2 inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Roots 1/2 inch and larger in diameter shall be painted with two coats of tree seal, or recommended by the manufacturer.itemized in the irrigation equipment legend.J. Sprinkler Heads:of electric control valves or quick coupling valves.surface irregularities.compaction of the existing adjacent undisturbed soil and shall be left in a firm adjustments without cost to the Owner.3. Flooding of trenches will be permitted only with approval of the Landscape Architect.shall be carefully backfilled with the excavated materials approved for backfilling, C. Trenching and Backfill Under Paving:2. Generally, piping under existing walks is done by jacking, boring, or hydraulic driving, pressure test all piping under paving prior to the paving work.unyielding condition. The sprinkler irrigation Contractor shall set in place, cap, and mechanical tamping devices. Trenches for piping shall be compacted to equal the above the pipe), and compacted in layers to 95% compaction, using manual or installed shall be backfilled with sand (a layer six-inches below the pipe and 3-inches 1. Trenches located under areas where paving, asphaltic concrete or concrete will be planting, or other construction as necessary, the Contractor shall make all required 4. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn, or matter larger than 1/2-inch in size will be permitted in the initial backfill.2. A fine granular material backfill will be initially placed on all lines. No foreign Backfill will conform to adjacent grades without dips, sunken areas, humps, or otherlandscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. large clods of earth or stones. Backfill shall be mechanically compacted in consisting of earth, loam, sandy clay, sand or other approved materials, free from 1. The trenches shall not be backfilled until all required tests are performed. Trenches D. Assemblies:the Landscape Architect.No hydraulic driving will be permitted under new concrete paving.break sidewalks and/or concrete shall be obtained from the Landscape Architect. done and replaced by the Contractor as part of the contract cost. Permission to cut or but where any cutting or breaking of sidewalks and/or concrete is necessary it shall be 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install perform such work in accordance with the best standard practice with prior approval of detail drawings or specifications pertaining to specific items required to complete work, 3. Install all assemblies specified herein in accordance with respective detail. In absence of 2. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet.lines (and various assemblies) in such a manner as to conform with the details per plans. 5. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape, or approved equal, shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC E. Line Clearance: All lines shall have a minimum clearance of 6 inches from each other and from lines of other trades. Parallel lines shall not be installed directly before installation. Installation and solvent-weld methods shall be as 4. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture recommended by the pipe and fitting manufacturer.adapters into which the pipe may be welded.B. The Landscape Architect reserves the right to waive or shorten theoperation period.3.8 Clean-up: Clean-up shall be made as each portion of work progresses.Refuse and excess dirt shall be removed from the site. All walks and paving shall be broomed or washed down, and any damage sustained on the work of others shall be repaired to original conditions.3.9 Final Observation Prior to Acceptance:A. The Contractor shall operate each system in its entirety for theLandscape Architect at the time of final inspection. Any items deemednot acceptable by the qualified observer shall be reworked to thecomplete satisfaction of the Landscape Architect.B. The Contractor shall show evidence to the Landscape Architect that the Owner has received all accessories, charts, record drawings andNote: Testing of pressure main line piping shall occur prior to installation 3. All piping under paved areas shall be tested under hydrostatic pressure of 150 psi and proved watertight, prior to paving.4. Sustain pressure in tested lines for not less than two hours. If leaksdevelop, replace joints and repeat test until entire system is proven5. All hydrostatic tests shall be made only in the presence of theLandscape Architect. No pipe shall be backfilled until it has been6. Contractor shall furnish force pump & all other test equipment necessary.When the sprinkler irrigation system is completed, perform a coveragetest in the presence of the Landscape Architect to determine if the water coverage for planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to the deviation from plans, or where the system has been willfully installed as indicated on the drawing when it is obviously inadequate, without bringing this to the attention of the Landscape Architect. This test shall be accomplished before any groundcover is 8. Upon completion of each phase of work, the entire system shall be A. The entire sprinkler irrigation system shall be under full automaticoperation for a period of seven days prior to any planting and for 90days after inspection to begin maintenance period.tested and adjusted to meet site requirements.3.7 Maintenance:prove watertight.watertight.observed, tested, and approved in writing.planted.1. The Contractor shall request the presence of the Landscape Architect2. Test all pressure lines under hydrostatic pressure of 150 PSI and in writing at least 48 hours in advance of any testing.Pre-job conference - 7 days.Final Observation - 7 days.Coverage test - 48 hours.Observation to begin maintenance period - 7 days.Lateral line and sprinkler installation - 48 hours.Control wire installation - 48 hours.Automatic controller installation - 48 hours.Pressure supply line installation and testing - 48 hours. END1.3.4.5.6.7.8.2.the Irrigation Contractor.authorities having jurisdiction.used to flush out the system.I. Flushing of System:F. Automatic Controller: Install per manufacturer's instructions. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings.1. 120-volt power connection to the automatic controller shall be provided by 2. All electrical work shall conform to local codes, ordinances, and unionH. Remote Control Valves: Install where shown on the drawings and per detail. When grouped together, allow at least 12 inches between valve boxes. Install each remote control valve in a separate valve box.1. After all new sprinkler pipe lines and risers are in place and connected, all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the Landscape Architect.G. High Voltage Wiring for Automatic Controller:A. Contractor shall be responsible for notifying the Landscape Architect in Architect at the rate per hour (portal to portal) plus transportation costs, advance for the following observations according to the time indicated:B. When observations have been conducted by other than the LandscapeArchitect, show evidence of when & by whom these observations were made.C. No observation will commence without record drawings. In the event theContractor calls for an observation without record drawings, withoutcompleting previously noted corrections, or without preparing the system for observation, he shall be responsible for reimbursing the Landscape for the inconvenience. No further observations will be scheduled until this charge has been paid.3.10 Observation Schedule:over one another.equipment as required before final observation can occur.D. Galvanized Pipe Fittings:Koppers 50 Bitumastic.screwed pipe.E. Gate Valve:bronze wheel handle.couplings may be merchant coupling.approved equal.G. Backflow Preventer Unit:construction details.Key size and type shall be as shown on plans.3. All gate valves shall be installed per installation detail.H. Check Valves:I. Control Wiring:similar to the King Bros. "CV" series or approved equal.exceed Federal Specification WW-V-51D, Class A, Type IV.been rendered.PART 1 - GENERAL CONDITIONSIRRIGATION SPECIFICATIONS1.2 Quality Assurance:1.1 Description:out by the Contractor. Anything contained in these specifications shall not be into and made a part of these specifications and their provisions shall be carried regulations governing or relating to any portion of this work are hereby incorporated B. Ordinances and Regulations: All local, municipal and state laws, and rules anddirections covering points not shown in the drawings and specifications.followed in all cases where the manufacturers of articles used in this contract furnish A. Manufacturer's Directions: Manufacturer's directions and detailed drawings shall be furnish and install irrigation systems as shown on the drawings and described herein. A. Work Included: Provide all labor, materials, transportation, and services necessary to1.6 Guarantee: C. Explanation of Drawings:authorized representative.revisions necessary.specifications and drawings shall take precedence.not performed, the irrigation contractor shall assume full responsibility for any attention of the Owner's authorized representative. In the event this notification is the irrigation design. Such obstructions or differences should be brought to the discrepancies in area dimensions exist that might not have been considered in drawings when it is obvious in the field that obstructions, grade differences, or 4. The Contractor shall not willfully install the irrigation system as shown on the installed whether or not specifically mentioned in the specifications. 3. All work called for on the drawings by notes or details shall be furnished and 2. The word Landscape Architect as used herein shall refer to the Owner'savoid conflicts between irrigation systems, planting, and architectural features.the work to be installed. The work shall be installed in such a manner as to meet such conditions. Drawings are generally diagrammatic and indicative of plan his work accordingly, furnishing such fittings, etc. as may be required to investigate the structural and finished conditions affecting all of his work and fittings, sleeves, etc., which may be required. The Contractor shall carefully 1. Due to the scale of the drawings, it is not possible to indicate all offsets, size than is required by the above rules and regulations, the provisions of thesematerials, workmanship, or construction of a better quality, higher standard, or largerthe same. However, when these specifications and drawings call for or describe construed to conflict with any of the above rules and regulations or requirements of writing to the Landscape Architect at the conclusion of the project that this service has maintenance personnel with instructions for major equipment and show evidence in 2. In addition to the above mentioned maintenance manual, provide the Owner's d. Complete operating and maintenance instructions on all major pieces of equipment.c. Guarantee statement (Section 1.05).under this contract.b. Catalog and parts sheets on every material and equipment installed with names and addresses of local manufacturer's representatives.a. Index sheets stating Contractor's address and telephone number, list of equipment the following information:completion of construction, two hard cover binders with three rings each containing 1. Prepare and deliver to the Landscape Architect within ten calendar days prior to D. Operation and Maintenance1.5 Analysis of samples and tests: None.dented or damaged will be discarded, and if installed, shall be replaced with new piping.undue bending or concentrated external load at any point. Any section of pipe that has been transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be A. Handling of PVC Pipe and Fittings: The Contractor is cautioned to exercise care in 1.4 Product Protection, Storage, and Handling:material must be shown to the Landscape Architect.of the project. Before final inspection can occur, evidence that the Owner has received 2. The above mentioned equipment shall be turned over to the Owner at the conclusion quick coupling valve installed.d. Six quick coupler keys and matching hose swivels for each type ofc. Two keys for each automatic controller or enclosure.b. Two five-foot valve keys for operation of gate valves (as required).adjusting each type of sprinkler and valve installed under this contract.a. Two sets of special tools required for removing, disassembling, and1. Supply as part of this contract the following tools: E. Equipment to be Furnished:wire size be less than #14.intervals of ten feet.pressure supply or lateral lines wherever possible.control wire conductors.J. Automatic Controller:permitted without prior approval of the Landscape Architect.K. Electric Control Valves:a manual flow adjustment.contractor.representative prior to installation.L. Control Valve Boxes:M. Sprinkler Heads:irrigation system.following information:PART 2 - MATERIALS A. Material List: B. Record Drawings:substituted for the materials list, and will be rejected as unacceptable.materials and equipment to be used. Copies of catalog information shall not belist shall include the manufacturer, model number, and description of all 2. Complete material list shall be submitted prior to performing any work. Material allowed without prior written approval by the Landscape Architect.specified by name in the drawings and specifications. No substitution will be 1. The Contractor shall furnish the articles, equipment, materials, or processeson the basis of the information or samples submitted.blue line ozalid prints which shall be corrected daily and show every change 1. The Contractor shall provide and keep up to date a complete "record" set of under the guarantee. Such warranties shall only supplement the guarantee.5. Manufacturer's warranties shall not relieve the Contractor of his liabilityproduct apparently the requirements of the drawings and specifications4. Approval of any item, alternate, or substitute indicated only that thesuch materials from the site at his own expense.Landscape Architect may be rejected and the Contractor required to remove 3. Equipment or materials installed or furnished without prior approval of the c. Schedule or classb. Nominal pipe sizethe Landscape Architect. f. Routing of control and common wire d. Routing of pressure main line pipe a. Connection to existing water lines g. Quick coupling valves e. Sprinkler control valves c. Gate valveslocation of the following items: b. Connections to existing electrical power 5. On or before the date of the final inspection, the Contractor shall deliver the h. Other related equipment as directed by the Landscape Architect. 4. The Contractor shall dimension from two permanent points of reference thedevices. All work shall be subject to approval by the Landscape Architect.ball point pen will be rejected because of the non-permanent nature of both designed specifically for use on mylar material. Work completed in felt tip pen or Architect. All work shall be neat, drawn in waterproof ink by a technical ink pen from the record prints to a sepia mylar or mylar procured from the Landscape 3. Before the date of the final inspection, the Contractor shall transfer all information available at all times for inspection and shall be kept in a location designated by proceeds, showing the work as actually installed. These drawings shall be 2. The Contractor shall make neat and legible annotations thereon daily as the work of drawings shall be kept on the site and shall be used only as a record set.shall be the basis for measurement and payment for work completed. This set kinds of equipment. These drawings shall also serve as work progress sheets and from the original drawings and specifications and the exact locations, sizes, and specifications shall be filed with the Owner or his representative prior to acceptance of the attached form. The general conditions and supplementary conditions of theseC. The guarantee form shall be re-typed onto the Contractor's letterhead and contain the manual (Section 1.03, D).B. A copy of the guarantee form shall be included in the operations and maintenance and telephone number of Irrigation Contractor, in addition to the date of acceptance).(The above statement is to be followed by the project name, location, signature, address, made at our expense and we will pay the costs and charges therefore upon demand.from the Owner, we authorize the Owner to proceed to have said repairs or replacements make such repairs or replacements within a reasonable time after receipt of written notice reasonable time after receipt of written notice from the Owner. In the event of our failure to defects at no additional cost to the Owner. We shall make repairs or replacements within a and also to repair or replace any damage resulting from the repairing or replacing of such workmanship which may develop during the period of one year from the date of acceptance the drawings and specifications. We agree to repair or replace any defects in material or defects in materials and workmanship, and the work has been completed in accordance with We hereby guarantee that the sprinkler system we have furnished and installed is free from GUARANTEE FOR SPRINKLER IRRIGATION SYSTEMinstallation methods prescribed by the manufacturer.6. Solvent cement and primer for PVC solvent-weld pipe and fittings shall be of the type and ASTM test procedure D2466.5. PVC solvent-weld fittings shall be Schedule 40, 1-2, 11-1 NSF approved conforming to Federal Specification PS-21-70 (Solvent-Weld Pipe).ASTM resin specification D1785. All pipe must meet requirements as set forth in 4. Pipe shall be made from NSF approved Type 1, Grade 1, PVC compound conforming to with solvent welded joints.3. Pressure main line piping for sizes 1 and 1/2 inch and smaller shall be PVC Schedule 40 Specification PS-22-70 (Solvent Weld Pipe) with an appropriate standard dimension (S.D.R.)to ASTM resin specification D1784. All pipe must meet requirements as set forth in Federal 2. Pipe shall be made from an NSF approved Type 1, Grade 1, PVC compound conforming 1. Pressure main line piping for sizes 2-inches and larger shall be PVC Class 315.A. PVC pressure Main Line Pipe and Fittings:specified herein, or approved equals.2.1 General: Use only new materials of brands and types noted on the drawings,a. Manufacturer's name7. All PVC pipe must bear the following markings:sprinkler body.PART 3 - EXECUTIONconstruction details shown on the drawings.2. All spray type sprinklers shall have a screw adjustment.on the drawings and/or specified in these special provisions.under this section.A. Site Conditions:3.1 Inspection:f. Date of extrusionauthorized representative.charts are prepared.C. Controller Charts:process. the plasstic laminating shaeets shall be a minimum of 10 mil. thickness each.6. When completed and approved, the chart shall be sealed by a plastic laminating be used to indicate the area of coverage for each control valve station.5. The chart shall be a bloacline or blueline ozalid print and a different color shall shall be readable when the controller chart is completed.the event the controller sequence is not legible when the drawing is reduced, it 4. The chart is to be a reduced drawing of the actual record drawings. However, in 2. Provide one controller chart for each controller supplied.sized as designated by each automatic controller or as designated by the Owner's 3. The chart shall show the area controlled by each automatic controller and shall be 1. Record drawings shall be approved by the Landscape Architect before controller information that may be omitted from the prints he compiled at the site.mylars will not relieve the Contractor of the responsibility of furnishing requirede. NSF (National Sanitation Foundation) approval2. Fittings shall be red brass conforming to Federal Specification WW-P-460.Specification WW-P-351.1. Where indicated on the drawings, use red brass screwed pipe conforming to Federal C. Brass Pipe and Fittings:pipe and fittings as set forth in Section 2.01B of these specifications.lateral line pipe and fittings shall be the same as for solvent-weld pressure main line 3. Except as noted in paragraphs 1 of 2 of Section 2.01C, all requirements for non-pressureSpecifications PS-22-70 with an appropriate standard dimension ratio.ASTM resin specification D1784. All pipe must meet requirements set forth in Federal 2. Pipe shall be made from NSF approved, Type 1, Grade II, PVC compound conforming to 1. Non-pressure buried lateral line piping shall be PVC sch40 with solvent-weld joints.B. PVC Non-Pressure Lateral Line Piping:applicable I.P.S. schedule and NSF seal of approval.8. All fittings shall bear the manufacturer's name or trademark, material designation, size, corrected and completed mylars to the Landscape Architect. Delivery of the d. Pressure rating in PSI1.3 Submittals:A. The guarantee for the sprinkler irrigation system shall be made in accordance with the 4. Riser nipples for all sprinkler heads shall be the same size as the riser opening in the Check existing utilities drawings or call utilities companies for existing utility locations.be responsible for damages to utilities which are caused by his operations or neglect. 2. Exercise extreme care in excavating and working near existing utilities. Contractor shall dimensions and receive Landscape Architect's approval prior to proceeding with work 1. All scaled dimensions are approximate. The Contractor shall check and verify all site with the diameter (or radius) of spray, pressure, and discharge in G.P.M. as shown 3. Riser/swing joint assemblies shall be fabricated in accordance with the irrigation 1. All sprinkler heads shall be of the size, type, and deliver the same rate of precipitation Industries 1419-12B with green bolt down cover or approved equal.2. Use 9-1/2" x 16" x 11" rectangular box for all electric control valves, Carsoncontroller to the 120-volt power source shall be the responsibility of the irrigationcontroller location shall be furnished by others. The final hook-up of the automatic 3. Unless otherwise noted on the plans, the 120-volt electrical power to the automatic 2. Final location of automatic controller shall be approved by the Owner's authorized 1. Automatic controller shall be of size and type shown on the drawings.6. Field splices between the automatic controller and electric control valves will not be sealer or approved equal. Use one wire connector per wire splice.5. All splices shall be made with Rainbird ST-03UL Snap-Tite wire connector with PT/S5 control wires. Control wires shall be laid loosely in trench without stress or stretching of repair, the valve bonnet may be brought to the surface without disconnection of the sufficient length at each splice connection at each electric control valve so that in case of 4. An expansion curl shall be provided at each wire connection. Expansion curl shall be of 3. Where more than one wire is placed in a trench, the wiring shall be taped together at 2. Wiring shall occupy the same trench and shall be installed along the same route as accordance with valve manufacturer's specifications and wire chart. In no case shall different colors for each controller installed on the same project. Install wire instripe to match the pilot wires with which it is circuited on the same controller. Provide automatic controller shall be the same color. Common wire shall be white in color with a made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires sharing the same 1. Connections between the automatic controllers and the electric control valves shall be bolt down cover or approved equal. Extension sleeve shall be PVC-6-inch minimum size.1. Use 10" x 10 1/4" round box for all gate valves, Carson Industries 910-12B with green 3. Provide and install one control valve box for each electric control valve.2. Unless otherwise noted on plan or construction details, all electric control valves shall have 1. Electric control valves shall be of the size and type shown on the drawings.field adjustable against drawout from 3 to 40 feet of head. Anti-drain valve shall be and outlet. Internal parts shall be stainless steel with Buna-N seals. Valve shall be 2. Anti-drain valves shall be of heavy-duty virgin PVC construction with F.I.P. thread inlet drawings. Install the backflow prevention units in accordance with the irrigation 1. Backflow prevention units shall be of size and type indicated on the irrigation 100 mesh monel screen and shall be similar to Bailey 100A or approved equal.2. Wye strainers at backflow prevention units shall have a bronzed screwed body with construction and replaceable composition, neoprene or rubber disc, and shall meet or 1. Swing check valves 2-inches and smaller shall be 200 lbs. WOG bronze bronze designed for working pressure of 150 PSI operable with quick coupler key. F. Quick Coupling Valves: Quick coupling valves shall have a brass two-piece body 2. Gate valves 3-inches and smaller shall be similar to those manufactured by Nibco or bonnet, non-rising stem and solid wedge disc, have threaded ends, and be equipped with 1. Gate valves 3-inches and smaller shall be 125-lb. SWP bronze gate valve with screw-in 3. All galvanized pipe and fittings installed below grade shall be painted with two coats of 2. Fittings shall be medium galvanized screwed beaded malleable iron. Galvanized 1. Where indicated on the drawings, use galvanized steel pipe ASA Schedule 40 mild steel SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 201685+Ä+44+)#6+1052'%+(+%#6+105 SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996TYPICAL PLANPLOT DATE DECEMBER 27 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GAZEBO1/2 BASKETBALL COURTTOT LOTST - STREET TREE PLANTING SCHEDULETREESSTREETBOTANICAL NAMECOMMON NAMEWUCOLSSIZECOMMENTSGROWTH SIZEH/WTILLER LANEPINUS ELDARICAMONDELL PINEPLATANUS ACERIFOLIA'BLOODGOOD'LONDON PLANECOTTAGE LANELAGERSTROEMIA INDICACRAPE MYRTLEPINUS ELDARICAMONDELL PINEINTERNAL PRIVATE ROADSJACARANDA MIMOSIFOLIAJACARANDALAGERSTROEMIA INDICACRAPE MYRTLEMAGNOLIA GRANDIFLORA 'RUSSET'SOUTHERN MAGNOLIAQUERCUS ILEXHOLLY OAKSCHINUS MOLLECALIFORNIA PEPPER TREEULMUS PARVIFOLIA 'TRUE GREEN'EVERGREEN ELMNEIGHBORHOOD PARKCHITALPA TASHKENTENSIS'PINK DAWN'CHITALPACITRUS SPECIESCITRUS TREECUPRESSUS SEMPERVIRENSITALIAN CYPRESSLAGERSTROEMIA INDICACRAPE MYRTLEOLEA EUROPAEA 'WILSONII'WILSON OLIVEWASHINGTON ROBUSTAMEXICAN FAN PALMPINUS ELDARICAMONDELL PINESCHINUS MOLLECALIFORNIA PEPPER TREESHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996HOA PARK PLAN3PLOT DATE DECEMBER 27 2016CONCEPTUAL PARK PLAN6 SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996WALL AND FENCE PLAN3PLOT DATE DECEMBER 27 2016 TITLE SHEET190'4&'8'.12'4(4106+'4%1//70+6+'576+%##8'07'57+6'4#0%*1%7%#/10)#%#%106#%62'4510/#66*'9'537+8'.241,'%62.#00'41((+%'ÄÄ.#0&5%#2'#4%*+6'%6.#06':.#0&5%#2'#4%*+6'%674'Ä2.#00+0)%#/+01%#2+564#0157+6'.#)70#0+)7'.%# Ä%106#%62'4510$.#-'*+0/#0'/#+.#&&4'55$.#-'*+0/#0".#06':.#%1/T-1'0)+0''45&'0)+0''4+0)#0&#551%+#6'5'#+42146&4+8'56'5#0$'40#4&+01%#2* Ä#660574'5*&1&&+#*+0&':/#2065LAKE ELSINORE, CALIFORNIAWALL AND FENCE PLANSTRACT 32996SHEET INDEX6Ä9Ä9Ä6+6.'5*''69#..#0&('0%'2.#09#..#0&('0%'&'6#+.51 2231113322113322332222222132333222211134331PRODUCTION AND MATERIALS SCHEDULEPRODUCTION WALL AND FENCESSYMBOLDESCRIPTIONDETAIL / SHEET NO.3' VINYL GATEDETAIL 'D' SHEET W-2VINYL FENCEDETAIL 'C' SHEET W-26' SPLIT-FACE BLOCK WALLDETAIL 'A' SHEET W-2VEHICULAR GATE - 2 - 6' RAIL VINYL DOUBLE DRIVEGATEDETAIL 'B' SHEET W-21234SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996WALL AND FENCE PLAN3PLOT DATE DECEMBER 27 2016WALL AND FENCE PLANW-12 BLOCK WALL8+0;.)#6'Ä9*+6'INSTALL 4x4 VINYL POST FOR GATE PERMANUFACTURERS RECOMMENDATIONSFINISH GRADE(3) HEAVY-DUTY HINGES, EQUALLYSPACEDCANE BOLTLOCK AND LATCH BY OWNERELEVATION6' BLOCK WALL, GREYFINISH GRADE8" PRECISION CAP - GREYSPLIT FACE ON OUTSIDE OF WALLPRECISION FACE ON INSIDE OF WALLTOP ROW - BLOCK PRECISION - TAN BOTH SIDESSIDE OF HOUSE8+0;.)#6'Ä9*+6'INSTALL 4x4 VINYL POST FOR GATE PERMANUFACTURERS RECOMMENDATIONSFINISH GRADEBLOCK WALL(3) HEAVY-DUTY HINGES, EQUALLYSPACED)#6'#6.16Ä$#5+0065$%105647%6+10&'6#+.59ÄSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996WALL AND FENCE PLAN3PLOT DATE DECEMBER 27 2016 8+0;.('0%'065%8+0;.)#6'065&52.+6Ä(#%'$.1%-9#..065# SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613 LAKE ELSINORE, CALIFORNIAMODEL PLANSTRACT 32996 TITLE SHEETSHEET INDEX6Ä%Ä%&Ä61%&Ä+Ä+Ä+&Ä61+&Ä2Ä612Ä2&Ä5+Ä52Ä6+6.'5*''6%105647%6+102.#0%105647%6+10&'6#+.5+44+)#6+102.#0+44+)#6+10.')'0&+44+)#6+10&'6#+.52.#06+0)2.#02.#06+0)&'6#+.5+44+)#6+1052'%+(+%#6+1052.#06+0)52'%+(+%#6+105190'4&'8'.12'4(4106+'4%1//70+6+'576+%##8'07'57+6'4#0%*1%7%#/10)#%#%106#%62'4510/#66*'9'537+8'.241,'%62.#00'41((+%'ÄÄ.#0&5%#2'#4%*+6'%6.#06':.#0&5%#2'#4%*+6'%674'Ä2.#00+0)%#/+01%#2+564#0157+6'.#)70#0+)7'.%# Ä%106#%62'4510$.#-'*+0/#0'/#+.#&&4'55$.#-'*+0/#0".#06':.#%1/T-1'0)+0''45&'0)+0''4+0)#0&#551%+#6'5'#+42146&4+8'56'5#0$'40#4&+01%#2* Ä#660574'5*&1&&+#*+0&':/#2065MODEL LOCATION1 PLAN 2ALOT 5PLAN 3RCLOT 4PLAN 1RBLOT 6PARKINGLOT 7LOT 8TOTLOTHCTEMPORARYSALESTRAILERHCCL619211817206653'7'3'7'512122772481292423221656651415132410116112526124132212558'8' 2' 2'6'-9"7'-6" 15'15'3'4'12'252512'10' 22'4'5'5'4'18'12'5'7'-10"10'11'11'2'8'3' 17'15'1'6'-9"10'5'3' 10'8'20'6'-9"6'5'12'5'42' 4'3' 2' 4'1824510'5'2'-3"2'-3"52830303029292931316619FALLOWFALLOWFALLOW29327'1. SALES TRAILER BY OWNER - TEMPORARY2. CONCRETE SIDEWALK MEDIUM BROOM FINISH3. HANDICAP RESTROOM - TO BE MOVED TO SIDE OF MODEL WHEN TRAILER IS REMOVED4. PARKING LOT BY CIVIL ENGINEER5. VINYL FENCE TEMPORARY - SEE DETAIL 'D' SHEET CD-16. VINYL FENCE PER DETAIL 'D' SHEET CD-17. WALKWAY WITH PRODUCTION SIDEWALK FINISH8. WALKWAY WITH PRODUCTION SIDEWALK FINISH9. WALKWAY WITH PRODUCTION SIDEWALK FINISH10. GATE TO MATCH FENCE - 5' WIDE FOR HANDICAP ACCESS PER DETAIL 'E' SHEET CD-111. 5' CONCRETE WALK WITH MEDIUM BROOM FINISH12. PRODUCTION SIDEWALK PER CIVIL PLANS13. CONCRETE PATIO WITH MEDIUM BROOM FINISH AND SCORED DIAGONALLY AT 3'14. TOT LOT PER DETAIL 'C' SHEET CD-1 - EQUIPMENT BY OWNER15. CONCRETE STEP STONES WITH MEDIUM BROOM FINISH16. CONCRETE DECK WITH MEDIUM EXPOSED AGGREGATE FINISH17. CONCRETE DECK WITH SALT FINISH18. 2' WIDE 2" DEEP - BLACK BARK MULCH PATH19. BENCH BY OWNER20. CONCRETE DECK TO MATCH NOTE #1721. BIRDBATH - MPG SPECIAL AGED GRANITE FINISH OR EQUAL FROM HOME DEPOT OR EQUAL22. FIRE PIT - MAISON 30" - COPPER FINISH BY HAMPTON BAY FROM HOME DEPOT OR EQUAL23. CHAIRS BY OWNER24. SPLIT-FACE BLOCK WALL PER DETAIL 'F' SHEET CD-225. TRAP FENCE PER DETAIL 'A' SHEET CD-126. 3' WIDE TRAP FENCE GATE PER DETAIL 'B' SHEET CD-127. 2 - 6' TRAP FENCE GATES PER DETAIL 'B' SHEET CD-1BY OWNER28. HANDICAP RESTROOM FROM SALES TRAILER 6'-9" L x 6' W OR SMALLER29. MODEL COMPLEX SIGNAGE BY OWNER30. TYPICAL 3' x 7' CONCRETE PAD FOR TRASH CANS / ON LOT 6 POUR TYPICAL 3' x 7'CONCRETE PAD UNDER HC RESTROOM31. 3' GATE PER DETAIL 'E' SHEET CD-132. UTILITY PER CIVIL PLANCONSTRUCTION LEGENDSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613CONSTRUCTION PLANC-12 +056#..+0%*28%2+2'5.''8':+0%*&''2614'%'+8'%#0'$1.6219'4%1#6'&*+0)'612 $1661/:14:4+$$'&4#+.52156%#26475541&(145722146)4#&':2156:&1/'&%10%4'6'(116+0)219&'4%1#6'&.#6%*%#0'$1.6Ä/+0%.'#4#0%')#6'.16 )#6'.16)4#&'2156%#2:14:4+$$'&4#+.5016'%1.1459*+6'Ä+056#..+0%*28%2+2'5.''8':+0%*&''2614'%'+8'%#0'$1.6:2156:&1/'&%10%4'6'(116+0)Ä4#+.8+0;.('0%'SIDE OF HOUSE8+0;.)#6'INSTALL 4x4 VINYL POST FOR GATE PERMANUFACTURERS RECOMMENDATIONSFINISH GRADESPLIT-FACE BLOCK WALL(3) HEAVY-DUTY HINGES, EQUALLY SPACED -PER SWING DIRECTION ON PLAN10"2"6"6"2 x 12 REDWOOD HEADERBARK MULCHF.G.1x2x12 STAKE @ 3' O.C.8"Ä4#+.8+0;.&17$.'&4+8')#6'64#2('0%'&'6#+.065$64#2('0%'Ä4#+.8+0;.&'6#+.065#%105647%6+10&'6#+.5%&ÄSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613 8+0;.('0%'065&8+0;.)#6'#65#.'51((+%'241&%76+10065'616.16$14&'4065% ELEVATION6' BLOCK WALL, GREYFINISH GRADE8" PRECISION CAP - GREYSPLIT FACE ON OUTSIDE OF WALLPRECISION FACE ON INSIDE OF WALLTOP ROW - BLOCK PRECISION - TAN BOTH SIDES%105647%6+10&'6#+.5%&ÄSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613 52.+6Ä(#%'$.1%-9#..065( PLAN 2ALOT 5PLAN 3RCLOT 4PLAN 1RBLOT 6PARKINGLOT 7LOT 8TOTLOTHCTEMPORARYSALESTRAILERHCFALLOWFALLOWFALLOWFAAFFFMFFAFAFAFFFMFAMFFAAFFFFFFFFFAAAACRECRECRESHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613IRRIGATION PLANI-15 SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613+44+)#6+10.')'0&+Ä 2POP-UP BUBBLERFINISHED GRADE IN TURF AREAS54"12"1CONTROLLER3POINT TO POINT DRIPPLAN VIEW - N.T.S.SECTION VIEW - N.T.S.EMITTER SCHEDULE1 PER 1 GAL. SHRUB (2 GPH)2 PER 5 GAL. SHRUB (4 GPH)3 PER 15 GAL. SHRUB (6 GPH)SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613+44+)#6+10&'6#+.5+&Ä 11BALL VALVEWECR1PRIVATE LOT POC3SLEEVE INSTALLATION5DRIP ANTI-SIPHON VALVE4PIPE INSTALLATION9DRIP FLUSH VALVE8DRIP AIR RELIEF VALVEUV RESISTANT PVC SCH 40 PIPEFINISH GRADE/TOP OF MULCHPVC LATERAL PIPE18-IN MIN. (1 OF 2) (1 OF 2)PVC SCH 40 ELLSEE LEGEND FOR TYPECONTROL ZONE KIT: HIGHEST POINT OF DISCHARGEINSTALL 6-INCH MIN. ABOVE30-INCH LINEAR LENGTH OF WIRE, COILEDWATERPROOF CONNECTION: CHANGES IN DIRECTION OF PRESSURE MAINLINE AND AT ALLMAINLINE (WHERE APPLICABLE). INSTALL 1'x1'x1' THRUST AT ALLTHE CITY. 36" MIN. COVER IS REQUIRED FOR RECLAIMED WATERSPLICING OF WIRE RUNS IS NOT ALLOWED UNLESS APPROVED BYCONTROL WIRES AT ALL 90 DEGREE CHANGES IN DIRECTION.BUNDLE AND TAPE WIRES AT 12' O.C. PIGTAIL AND LOOP6. PROVIDE 2" OF CLEAN SAND BELOW PRESSURE MAINLINE5. CONTROL WIRES - INSTALL BELOW PRESSURE SUPPLY LINE2. CLEAN BACKFILL - 90% COMPACTION REQUIRED - SEE SPECS4. PRESSURE SUPPLY LINE PER LEGENDTERMINAL POINTS OF MAINLINE.NOTES:1. FINISH GRADE3. NON-PRESSURE LATERAL LINE PER LEGEND18" MIN. - SEE SPECS 12"3. SAND (TYPICAL)4. NON-PRESSURE LATERAL LINE / SLEEVE (SIZE PER CHART)6. PRESSURE SUPPLY LINE / SLEEVE (SIZE PER CHART)ENDS. ON PLANS. EXTEND SLEEVES 12" BEYOND EDGE OF HARDSCAPE ON BOTHALL SLEEVES TO BE SCH 40 PVC. SIZE ALL SLEEVES PER SLEEVING CHART5. CONTROL WIRE SLEEVE ADJACENT TO MAINLINE SLEEVE (SIZE PER CHART)NOTES:24" MIN. OR PER SPECS 2. CLEAN BACKFILL - 90% COMPACTION REQUIRED - SEE SPECS1. HARDSCAPE (TYPICAL)2"6"12'' MIN. IPS FLEXHOSE EXTENSIONFINISHP.V.C. SCHEDULE 40 ELLP.V.C. PIPE OR POLYTUBINGAS APPLICABLE GRADE12''PLASTIC CONTROL BOX W/BOLT DOWN END FLUSH BALLCHECK VALVEBRICKS AT EACHCORNER OF BOX2''1''1. 2'' DEEP LAYER MULCH MATERIAL AS PER SPECIFICATIONS.MULCH LAYER(SEE NOTE 1)SET BOX 1'' ABOVEMULCH LAYERNOTE:PVC PIPING AND FITTING(THREE)BRICK SUPPORTSVALVE BOX6" ROUND(LENGTH AS REQUIRED)SCH. 80 NIPPLEAIR/VACUUM RELIEFFINISHNOTES:1. 2'' DEEP LAYER MULCH MATERIAL ASPER SPECIFICATIONS.1''2''MULCH LAYER(SEE NOTE 1)SET BOX 1'' ABOVEMULCH LAYERGRADELOWER THAN DRIPLINE LATERALS.2. AIR VACUUM RELIEF VALVE CANNOT BE CONNECTED APPLY SEALER TO OUTSIDE OF SEALING PUT CRIMP SLEEVE OVER WIRE ENDS - PUSH SEALING PLUG INTO BASE SOCKET.PUSH WIRES TO END OF BASE SOCKET SLIP BASE SOCKET OVER ENDS OF WIRES. STRIP WIRES APPROX. 3/8" FROM ENDS - PULL BASE SOCKET OVER CRIMPED CON- RAIN BIRD "SNAP-TITE" WIRE CONNECTOR NECTION AS FAR AS POSSIBLE.8. OR APPROVED EQUAL. CONNECTION. TO ASSURE COMPLETE SEALING OF 7. 6. PLUG - FILL CAVITY WITH SEALER. CRIMP AND CUT OFF EXCESS WIRE. 3. 4. 5. TWIST TOGETHER. 1. 2.2WIRE CONNECTION LID10ANTI-SIPHON VALVESECTION VIEW - N.T.S.SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613+44+)#6+10&'6#+.5+&Ä PLAN 2ALOT 5PLAN 3RCLOT 4PLAN 1RBLOT 6PARKINGLOT 7LOT 8TOTLOTHCTEMPORARYSALESTRAILERHCRLPCPCGPGPGPGPRIRIRIRIRLSMSMAUAUCCCCAUPGRIRIEDEDEDCACACACAPCPCPCFSFSFSFSFSFSRLPGPGPGPGSMSMSMSMSMSMSMSMSMSMSMRIRIAUAUAUDPPPDDPPPPP FALLOWFALLOWFALLOW21.;2412;.'0'9+6*9#..5#5/#07(#%674'$;&''24116%1/2#0;%1PLANTING SCHEDULETREESSYMBOTANICAL NAMECOMMON NAMEQTYSIZEWUCOLGROWTHSIZE H/WAUARBUTUS UNEDOSTRAWBERRY TREE324" BOXL20' x 20'CCCINNAMOMUM CAMPHORACAMPHOR TREE224" BOXM50' x 60'CACUPANIOPSIS ANACARDIOIDESCARROT WOOD424" BOXM40' x 30'EDERIOBOTRYA DEFLEXABRONZE LOQUAT324" BOXM20' x 20'FSFEIJOA SELLOWIANAPINEAPPLE GUAVA624" BOXL20' x 20'GPGEIJERA PARVIFLORAAUSTRALIAN WILLOW1024" BOXM27' x 20'PGPODOCARPUS GRACILIORFERN PINE524" BOXM40' x 15'PCPRUNUS CAROLINIANACAROLINA CHERRY524" BOXM25' x 20'RIRHAPHIOLEPIS INDICA 'MAJESTIC BEAUTY'MAJESTIC BEAUTY HAWTHORN824" BOXM23' x 28'RLRHUS LANCEAAFRICAN SUMAC324" BOXL25' x 28'SMSCHINUS MOLLECALIFORNIA PEPPER TREE1324" BOXL32' x 32'VINES DDISTICTIS BUCCINATORIABLOOD RED TRUMPET VINE25 GAL.M25' H PPANDOREA JASMINOIDESBOWER VINE35 GAL.M25' HNOTE TO CONTRACTOR: IF GRAPHIC REPRESENTATION OF PLANTINGS ON PLANS DOES NOT MATCH QUANTITIES IN PLANT LIST, GRAPHICREPRESENTATION OF PLANTINGS ON PLANS WILL GOVERN.#..64''59+6*+0Ä1(*#4&5%#2'5*#..4'%'+8'4116$#44+'45241&7%6.+$Ä.14610#8'576'$74.+0)#/'%#%+6;56#0&#4&+056#...+0'#44116$#44+'452'4%+6;56#0&#4&514$+1$#44+'4SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613TREE PLANTING PLANP-19 PLAN 2ALOT 5PLAN 3RCLOT 4PLAN 1RBLOT 6PARKINGLOT 7LOT 8TOTLOTHCTEMPORARYSALESTRAILERHCCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPSLSLSLSLLDLDLDLDLDLDEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPLDLDLDLDLDLDLDLDLDLDLDLDLDLDLDLDLDLDLDRHRHRHRHRHRHRHRHRHRHSCSCSCSCWFRHWFWFWFWFWFWFWFWFWFWFWFWFWFRHRHRHRHRHRHRHRHRHRHRHRHRHROROROROROROROROROROROROROROROROROROLDLDLDLDLDLDLDLDLDLDLDWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFWFLDLDLDLDLDLDLDLDLDLDLDLDRORORORORORORHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHLDLDRHRHRHRHRHRHRHRHCCCCCCCCGNGNGNSGGNGNGNGNGNGNGNGNGNSGSGSGSGSGSGSGSGSGSGLALALALALASGGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNSGSGSGSGSGSGSGSGSGSGSGSGLALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALALASGSGSGSGSGSGSGSGSGSGCCCCCCCCCCCCGNGNGNGNGNGNGNGNGNGNGNGNGNGNCCCCCCCCCCCCCCCCGNGNGNGNGNGNGNGNGNGNHAHAGNHAHAHAHAGNGNGNHAHAHAHAHAHAGNLMLMLMLMLMLMLMLMLMRFRFRFRFRFRFRFLMLMLMLMLMLMLMLMLMLMLMSLSLSLSLSLSLSLCPCPLMLMLMLMLMLMLMLMCPCPCPCPCPLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMEPEPEPEPEPEPEPLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMRFRFLMLMRFRFLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMLMEPEPEPEPEPEPEPEPCPCPCPCPCPEPEPCPCPEPEPEPEPEPEPCPCPCPEPEPEPEPEPCPCPCPEPEPEPEPSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLEPEPEPEPEPEPEPEPFALLOWFALLOWFALLOWBARK MULCHBARK MULCHBARK MULCHPLANTING SCHEDULESHRUBSSYMBOLBOTANICAL NAMECOMMON NAMEQTYSIZEWUCOLGROWTHSIZE H/WCCCALLIANDRA CALIFORNICABAJA FAIRY DUSTER1815 GAL.L4' x 4'CPCOTONEASTER PARNEYPARNEY COTONEASTER7215 GAL.L8' x 10'EPEURYOPS PECTINATUSSHRUB DAISY755 GAL.L4' x 4'GNGREVELIA 'NOELLII'NOEL'S GREVELLIA5615 GAL.L4' x 4'HAHETEROMELES ARBUTIFOLIATOYON1215 GAL.L8' x 8'LMLANTANA MONTEVIDENSIS (GOLD CULTIVARS)TRAILING LANTANA1035 GAL.L2' x 6'LALAVANDULA ANGUSTIFOLIAENGLISH LAVENDER485 GAL.L2' x 2'LDLAVANDULA DENTATAFRENCH LAVENDER505 GAL.L4' x 6'RORHUS OVATASUGAR BUSH245 GAL.L10' x 10'RFROSA FLORIBUNDA 'ICEBERG'ICEBERG ROSE115 GAL.L3' x 3'RHROSMARINUS O. 'HUNTINGTON CARPET'HUNTINGTON CARPETROSEMARY551 GALL2' x 10'SCSALVIA CLEVELANDII & HYBRIDSSALVIA45 GAL.L5' x 8'SGSALVIA GREGGIIAUTUMN SAGE345 GAL.L4' x 4'SLSALVIA LEUCANTHAMEXICAN BUSH SAGE405 GAL.L4' x 6'WFWESTRINGIA FRUTICOSACOAST ROSEMARY405 GAL.L3' x 3'GROUNDCOVERSO.C. SPACINGBACCHARIS P. PILULARIS "TWIN PEAKS"DWARF COYOTE BUSH411 GAL.L15" x 8'4'OSTEOSPERMUM FRUTICOSUMTRAILING AFRICAN DAISY2691 GAL.L9" x 3'2'TURF - ARTIFICIALPARKWAYBACCHARIS P. PILULARIS "TWIN PEAKS"DWARF COYOTE BUSH341 GAL.L15" x 8'4'PARKWAY3" SHREDDED BARK MULCHNOTE TO CONTRACTOR: IF GRAPHIC REPRESENTATION OF PLANTINGS ON PLANS DOES NOT MATCH QUANTITIES IN PLANT LIST, GRAPHICREPRESENTATION OF PLANTINGS ON PLANS WILL GOVERN.SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613SHRUB PLANTING PLANP-210 LOCATE PLANTS EQUALLY (TRIANGULAR SPACED)PER SPACING INDICATED ON PLANSSHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 2016132.#06+0)&'6#+.552Ä SECTION 02810LANDSCAPE IRRIGATIONPART 1 - GENERAL1.1SummaryA.It is the intent of the specifications and drawings that the finished system is complete in every respect and shall be ready foroperation satisfactory to the Owner.B.The work shall include all materials, labor, services, transportation, and equipment necessary to perform the work as indicatedon the drawings, in these specifications, and as necessary to complete the contract.1.2Construction DrawingsA.Due to the scale of the drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. TheContractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly,furnishing such fittings, etc. as may be required to meet such conditions. Drawings are generally diagrammatic and indicative ofthe work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting,and architectural features.B.All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned inthe specifications. When an item is shown on the plans but not shown on the specifications or vice versa, it shall be deemed tobe as shown on both. The Landscape Architect shall have final authority for clarification.C.The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field thatobstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering.Such obstructions or differences should be brought to the attention of the Landscape Architect as soon as detected. In theevent this notification is not performed, the Irrigation Contractor shall assume full responsibility for any revision necessary.1.3Quality AssuranceA.Provide at least one English speaking person who shall be present at all times during execution of this portion of the work andwho shall be thoroughly familiar with the type of materials being installed and the manufacturer's recommended methods ofinstallation and who shall direct all work performed under this section.B.Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturer of articles used in thiscontract furnish directions covering points not shown in the drawings and specifications.C.All local, municipal, and state laws, rules and regulations governing or relating to any portion of this work are herebyincorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anythingcontained in these specifications shall not be construed to conflict with any of the above rules and regulations of the same.However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality,higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications anddrawings shall take precedence.D.All materials supplied for this project shall be new and free from any defects. All defective materials shall be replacedimmediately at no additional cost to Owner.E.The Contractor shall secure the required licenses and permits including payments of charges and fees, give required notices topublic authorities, verify permits secured or arrangements made by others affecting the work of this section.1.4SubmittalsA.Materials List:1.After award of contract and before any irrigation system materials are ordered from suppliers or delivered to the job site,submit to the Owner a complete list of all irrigation system materials, or processes proposed to be furnished and installed aspart of this contract.2.The submittals shall include the following information:a.A title sheet with the job name, the contractors name, contractor's address and telephone number, submittal date andsubmittal number.b.An index sheet showing the item number (i.e. 1,2,3, etc.); an item description (i.e. sprinkler head); the manufacturer'sname (i.e. Hunter Industries); the item model number (i.e. I-40-ADV/36V); and the page(s) in the submittal set thatcontain the catalog cuts.c.The catalog cuts shall be one or two pages from the most recent manufacturer's catalog that indicate the productsubmitted. Do not submit parts lists, exploded diagrams, price lists or other extra information.d.The catalog cuts shall clearly indicate the manufacturer's name and the item model number. The item model number, allspecified options and specified sizes shall be circled on the catalog cuts.e.Submittals for equipment indicated on the legend without manufacturer names, or "as approved", shall contain themanufacturer, Class or Schedule, ASTM numbers and/or other certifications as indicated in these specifications.f.Submittal format requirements:g.Submittals shall be provided as one complete package for the project. Multiple partial submittals will not be reviewed.h.Submittal package shall be stapled or bound in such a way as to allow for disassembly for review processing.i.Submittal package shall have all pages numbered in the lower right hand corner. Page numbers shall correspond withsubmittal index.3.The Landscape Architect or Owner's authorized representative will allow no substitutions without prior written acceptance.4.Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall onlysupplement the guarantee.5.The Landscape Architect or Owner's authorized representative will not review the submittal package unless provided in theformat described above.B.Substitutions: If the Irrigation Contractor wishes to substitute any equipment or materials for those equipment or materials listedon the irrigation drawings and specifications, he may do so by providing the following information to the Landscape Architect orOwner's authorized representative for approval.1.Provide a written statement indicating the reason for making the substitution.2.Provide catalog cut sheets, technical data, and performance information for each substitute item.3.Provide in writing the difference in installed price if the item is accepted.1.5Existing ConditionsA.The Contractor shall verify and be familiar with the locations, size and detail of points of connection provided as the source ofwater, electrical supply, and telephone line connection to the irrigation system.1.Irrigation design is based on the available static water pressure shown on the drawings. Contractor shall verify static wateron the project prior to the start of construction. Should a discrepancy exist, notify the Landscape Architect and Owner'sauthorized representative prior to beginning construction.2.Prior to cutting into the soil, the Contractor shall locate all cables, conduits, sewer septic tanks, and other utilities as arecommonly encountered underground and he shall take proper precautions not to damage or disturb such improvements. If aconflict exists between such obstacles and the proposed work, the Contractor shall promptly notify the Landscape Architectand Owner who will arrange for relocations. The Contractor will proceed in the same manner if a rock layer or any othersuch conditions are encountered.3.The Contractor shall protect all existing utilities and features to remain on and adjacent to the project site during construction.Contractor shall repair, at his own cost; all damage resulting from his operations or negligence.4.The Irrigation Contractor shall coordinate with the General Contractor for installation of required sleeving as shown on theplans prior to paving operations.5.The Contractor shall verify and be familiar with the existing irrigation systems in areas adjacent to and within the Project areaof work.6.The Contractor shall protect all existing irrigation systems, in areas adjacent to and within the project area of work, fromdamage due to his operations.7.Contractor shall notify Owner's Representative if any existing system is temporarily shut off, capped or modified. Provide48-hour notice, prior to turning off or modifying any existing irrigation system. C. Inspections will be required for the following at a minimum:1.System layout2.Pressure test of irrigation mainline (Four hours at 125 PSI or 120% of static water pressure, which ever is greater.) Mainlinepressure loss during test shall not exceed 2 PSI.3.Coverage test of irrigation system. Test shall be performed prior to any planting.4.Final inspection prior to start of maintenance period5.Final acceptanceD.Site observations and testing will not commence without the field record drawings as prepared by the Irrigation Contractor.Record drawings must complete and up to date for each site visit.E.Work that fails testing and is not accepted will be retested. Hourly rates and expenses of the Landscape Architect, Owner'sauthorized representative, and governing agencies for reinspection or retesting will be paid by the Irrigation Contractor at noadditional expense to Owner.1.7Storage and HandlingA.Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installationwork and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to theacceptance of the Landscape Architect and Owner and at no additional cost to the Owner.B.Exercise care in handling, loading, unloading, and storing plastic pipe and fittings under cover until ready to install. Transportplastic pipe only on a vehicle with a bed long enough to allow the pipe to lay flat to avoid undue bending and concentratedexternal load.1.8Cleanup and DisposalA.Dispose of waste, trash, and debris in accordance with applicable laws and ordinances and as prescribed by authorities havingjurisdiction. Bury no such waste material and debris on the site. Burning of trash and debris will not be permitted. TheContractor shall remove and dispose of rubbish and debris generated by his work and workmen at frequent intervals or whenordered to do so by the Owner's authorized representative.B.At the time of completion the entire site will be cleared of tools, equipment, rubbish and debris which shall be disposed of off-sitein a legal disposal area.1.9CompletionA.At the time of the pre-maintenance period inspection, the Landscape Architect, Owner's authorized representative, andgoverning agencies will inspect the work, and if not accepted, will prepare a list of items to be completed by the Contractor.Punch list to be checked off by contractor and submitted to Landscape Architect or Owner's Authorized representative prior toany follow-up meeting. This checked off list to indicate that all punch list items have been completed. At the time of thepost-maintenance period or final inspection the work will be re-inspected and final acceptance will be in writing by theLandscape Architect, Owner's authorized representative, and governing agencies.B.The Owner's authorized representative shall have final authority on all portions of the work.C.After the system has been completed, the Contractor shall instruct Owner's authorized representative in the operation andmaintenance of the irrigation system and shall furnish a complete set of operating and maintenance instructions.D.Any settling of trenches which may occur during the one-year period following acceptance shall be repaired to the owner'ssatisfaction by the Contractor without any additional expense to the owner. Repairs shall include the complete restoration of alldamage to planting, paving or other improvements of any kind as a result of the work.1.10GuaranteeA.The entire sprinkler system, including all work done under this contract, shall be unconditionally guaranteed against all defectsand fault of material and workmanship, including settling of backfilled areas below grade, for a period of one (1) year followingthe filing of the Notice of Completion.B.Should any problem with the irrigation system be discovered within the guarantee period, it shall be corrected by the Contractorat no additional expense to owner within ten (10) calendar days of receipt of written notice from Owner. When the nature of therepairs as determined by the Owner constitute an emergency (i.e. broken pressure line) the Owner may proceed to makerepairs at the Contractor's expense. Any and all damages to existing improvement resulting either from faulty materials orworkmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the owner by the Contractor,all at no additional cost to the Owner.C. Guarantee shall be submitted on Contractors own letterhead as follows:GUARANTEE FOR SPRINKLER IRRIGATION SYSTEMWe hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials andworkmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tearand unusual abuse, or neglect excepted. We agree to repair or replace any defective material during the period of one yearfrom date of filing of the Notice of Completion and also to repair or replace any damage resulting from the repairing orreplacing of such defects at no additional cost to the owner. We shall make such repairs or replacements within 10 calendardays following written notification by the owner. In the event of our failure to make such repairs or replacements within thetime specified after receipt of written notice from owner, we authorize the owner to proceed to have said repairs orreplacements made at our expense and we will pay the costs and charges therefore upon demand.PROJECT NAME:PROJECT LOCATION:CONTRACTOR NAME:ADDRESS:TELEPHONE:SIGNED:DATE:PART 2 - MATERIALS2.1SummaryA.Use only new materials of the manufacturer, size and type shown on the drawings and specifications. Materials or equipmentinstalled or furnished that do not meet Landscape Architect's, Owner's, or governing agencies standards will be rejected andshall be removed from the site at no expense to the Owner.2.2PipeA.Pressure supply lines 1 1/2 inches in diameter and smaller downstream of the backflow prevention unit shall be Schedule 40solvent weld PVC conforming to ASTM D1785.B.Non-pressure lines 3/4 inch in diameter and larger downstream of the remote control valve shall be Class 200 solvent weld PVCconforming to ASTM D2672.2.3Metal Pipe and FittingsA.Brass pipe shall be 85 percent red brass, ANSI, IPS Standard 125 pounds, Schedule 40 screwed pipe.B.Fittings shall be medium brass, screwed 125-pound class.C.Copper pipe and fittings shall be Type "K" sweat soldered.2.4Plastic Pipe and FittingsA.Pipe shall be marked continuously with manufacturer's name, nominal pipe size, schedule or class, PVC type and grade,National Sanitation Foundation approval, Commercial Standards designation, and date of extrusion.B.All plastic pipe shall be extruded of an improved PVC virgin pipe compound in accordance with ASTM D2672, ASTM D2241 orASTM D1785.C.All solvent weld PVC fittings shall be standard weight Schedule 40 (and Schedule 80 where specified on the irrigation detailsheet) and shall be injection molded of an improved virgin PVC fitting compound. Slip PVC fittings shall be the "deep socket"bracketed type. Threaded plastic fittings shall be injection molded. All tees and ells shall be side gated. All fittings shallconform to ASTM D2464 and ASTM D2466.2.All ball valves shall have a minimum working pressure of not less than 150 PSI and shall conform to AWWA standards.A.Automatic Control Valves:1.Automatic control valves shall be of the manufacturer, size, and type indicated on the drawings.2.Automatic control valves shall be electrically operated.2.6Valve BoxesA.Valve boxes shall be fabricated from a durable, weather-resistant plastic material resistant to sunlight and chemical action ofsoils.B.The valve box cover shall be green in color and secured with a hidden latch mechanism or bolts.C.The cover and box shall be capable of sustaining a load of 1,500 pounds.D.Valve box extensions shall be by the same manufacturer as the valve box.E.The plastic irrigation valve box cover shall be an overlapping type.F.Pressure regulating valve boxes shall be 16"x11"x12" 'nominal' rectangular size. Valve box covers shall be marked "PRV" "heatbranded" onto the cover in 1-1/4 inch high letters / numbers.G.Ball valve boxes shall be 10" circular size. Valve box covers shall be marked with "BV" "heat branded" onto the cover in 1-1/4inch high letters.2.7 Automatic ControllerA.Automatic controller shall be of the manufacturer, size, and type indicated on the drawings.B.Controller enclosure shall be of the manufacturer, size, and type indicated on the drawings.2.8 ElectricalA.All electrical equipment shall be NEMA Type 3, waterproofed for exterior installations.B.All electrical work shall conform to local codes and ordinances.2.9Low Voltage Control WiringA.Remote control wire shall be direct-burial AWG-UF type, size as indicated on the drawings, and in no case smaller than 14gauge.B.Connections shall of the manufacturer, size, and type indicated on the drawings.C.Ground wires shall be white in color. Control wires shall be red (where two or more controllers are used, the control wires shallbe a different color for each controller. These colors shall be noted on the "Record Drawings" plans located on controller door).2.13Irrigation Heads and Drip EmittersA.Irrigation heads and drip emitters shall be of the manufacturer, size, type, with radius of throw, operating pressure, anddischarge rate indicated on the drawings.B.Irrigation heads and drip emitters shall be used as indicated on the drawings.C.Irrigation heads shall have purple reclaimed water warning cover.2.14Drip Irrigation EquipmentA.Drip tubing equipment such as flush valves, air relief valves, wye strainers and pressure regulators shall be of the manufacturer,size, and type indicated on the drawings.2.11Miscellaneous EquipmentA.Landscape Fabric:1.Landscape fabric for valve box assemblies shall be 5.0- oz. weight woven polypropylene weed barrier. Landscape fabricshall have a burst strength of 225 PSI, a puncture strength of 60 lbs. and capable of water flow of 12 gallons per minute persquare foot.2.Type: DeWitt Pro 5 Weed Barrier or approved equal.B.Equipment such as ET sensors, flush valves, air relief valves and wye strainers shall be of the manufacturer, size and typeindicated on the drawings.PART 3 - EXECUTION3.1Site ConditionsA.Inspections:1.Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is completeto the point where this installation may properly commence.2.Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design,the referenced standards, and the manufacturer's recommendations.B.Discrepancies:1.In the event of discrepancy, immediately notify the Landscape Architect or Owner's authorized representative.2.Do not proceed with installation in areas of discrepancy until all discrepancies have been resolved.C.Grades:1.Before starting work, carefully check all grades to determine that work may safely proceed, keeping within the specifiedmaterial depths with respect to finish grade.2.Final grades shall be accepted by the Engineer before work on this section will be allowed to begin.D.Field Measurements:1.Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design.Contractor shall coordinate the installation of all irrigation materials with all other work.2.All scaled dimensions are approximate. The Contractor shall check and verify all size dimensions prior to proceeding withwork under this section.3.Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages toutilities, which are caused by his operations or neglect.E.Diagrammatic Intent:1.The drawings are essentially diagrammatic. The size and location of equipment and fixtures are drawn to scale wherepossible. Provide offsets in piping and changes in equipment locations as necessary to conform with structures and to avoidobstructions or conflicts with other work at no additional expense to Owner.3.3BackfillingA.Backfill material on all lines shall be the same as adjacent soil free of debris, litter, and rocks over 1/2 inch in diameter.1.Backfill shall be tamped in 4-inch layers under the pipe and uniformly on both sides for the full width of the trench and the fulllength of the pipe. Backfill materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall becompacted to dry density equal to adjacent undisturbed soil and shall conform to adjacent grades.2.Flooding in lieu of tamping is not allowed.3.Under no circumstances shall truck wheels be used to compact backfill.4.Provide sand backfill a minimum of 4 inches over and under all piping under paved areas.6.In solvent welding, use only the specified primer and solvent cement and make all joints in strict accordance with themanufacturer's recommended methods including wiping all excess solvent from each weld. Allow solvent welds at least 15minutes setup time before moving or handling and 24 hours curing time before filling.7.PVC pipe shall be installed in a manner, which will provide for expansion and contraction as recommended by the pipemanufacturer.8.Centerload all plastic pipe prior to pressure testing.9.All threaded plastic-to-plastic connections shall be assembled using Teflon tape or Teflon paste.10.For plastic-to-metal connections, work the metal connections first. Use a non-hardening pipe dope an all threadedplastic-to-metal connections, except where noted otherwise. All plastic-to-metal connections shall be made with plasticfemale adapters.3.5ControllerA.The exact location of the controller shall be approved by the Landscape Architect or owner's authorized representative beforeinstallation. The electrical service shall be coordinated with this location.1.The Irrigation Contractor shall be responsible for the final electrical hook up to the irrigation controller.2.The irrigation system shall be programmed to operate during the periods of minimal use of the design area.3.6Control WiringA.Low voltage control wiring shall occupy the same trench and shall be installed along the same route as the pressure supply lineswhenever possible.1.Where more than one wire is placed in a trench, the wiring shall be taped together in a bundle at intervals of 10 feet. Bundleshall be secured to the mainline with tape at intervals of 20 feet.2.All connections shall be of an approved type and shall occur in a valve box. Provide an 18-inch service loop at eachconnection.3.An expansion loop of 12 inches shall be provided at each wire connection and/or directional change, and one of 24 inchesshall be provided at each remote control valve.4.A continuous run of wire shall be used between a controller and each remote control valve. Under no circumstances shallsplices be used without prior approval.3.7ValvesA.Automatic control valves, quick coupler, and gate valves are to be installed in the approximate locations indicated on thedrawings.1.Valve shall be installed in shrub areas whenever possible.2.Install all valves as indicated in the detail drawings.3.Valves to be installed in valve boxes shall be installed one valve per box.3.8Valve BoxesA.Valve boxes shall be installed in shrub areas whenever possible.1.Each valve box shall be installed on a foundation of 3/4-inch gravel backfill, 3 cubic feet minimum. Valve boxes shall beinstalled with their tops 1/2 inch above the surface of surrounding finish grade in lawn areas and 2 inches above finish gradein ground cover areas.3.9Irrigation Heads and Drip TubingA.Irrigation heads and drip tubing shall be installed as indicated on the drawings.1.Spacing of heads and drip tubing shall not exceed maximum indicated on the drawings.2.Riser nipples shall be of the same size as the riser opening in the sprinkler body.3.11Miscellaneous EquipmentA.Install all assemblies specified herein according to the respective detail drawings or specifications, using best standardpractices.1.Install devices such as rain sensors as indicated on the drawings and as recommended by the manufacturer.3.12Flushing the SystemA.Prior to installation of irrigation heads, the valves shall be opened and a full head of water used to flush out the lines and risers.B.Irrigation heads shall be installed after flushing the system has been completed.3.13Adjusting the SystemA.Contractor shall adjust valves, align heads, and check the coverage of each system prior to coverage test.B.If it is determined by the Landscape Architect or Owner's authorized representative that additional adjustments or nozzlechanges will be required to provide proper coverage, all necessary changes or adjustments shall be made prior to any planting.C.The entire system shall be operating properly before any planting operations commence.D.Automatic control valves are to be adjusted so that the irrigation heads and drip tubing operate at the pressure recommended bythe manufacturer.3.14Testing and ObservationA.Do not allow or cause any of the work of this section to be covered up or enclosed until it has been observed, tested andaccepted by the Landscape Architect, Owner, and governing agencies.B.The Contractor shall be solely responsible for notifying the Landscape Architect, Owner, and governing agencies, a minimum of48 hours in advance, where and when the work is ready for testing.C.When the sprinkler system is completed, the Contractor shall perform a coverage test of each system in its entirety to determineif the water coverage for the planted areas is complete and adequate in the presence of the Landscape Architect.D.The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due todeviations from the plans, or where the system has been willfully installed as indicated on the drawings when it is obviouslyinadequate, without bringing this to the attention of the Landscape Architect. This test shall be accepted by the LandscapeArchitect and accomplished before starting any planting.E.Final inspection will not commence without record drawings as prepared by the Irrigation Contractor.3.15MaintenanceA.During the maintenance period the Contractor shall adjust and maintain the irrigation system in a fully operational conditionproviding complete irrigation coverage to all intended plantings.3.16Completion CleaningA.Clean up shall be made as each portion of the work progresses. Refuse and excess dirt shall be removed from the site, allwalks and paving shall be broomed, and any damage sustained on the work of others shall be repaired to original conditions.END OF SECTION3.4PipingA.Piping under existing pavement may be installed by jacking, boring, or hydraulic driving. No hydraulic driving is permitted underasphalt pavement.1.Cutting or breaking of existing pavement is not permitted.2.Carefully inspect all pipe and fittings before installation, removing dirt, scale, burrs, and reaming. Install pipe with allmarkings up for visual inspection and verification.3.Remove all dented and damaged pipe sections.4.All lines shall have a minimum clearance of 4 inches from each other and 12 inches from lines of other trades.5.Parallel lines shall not be installed directly over each other.D.All threaded nipples shall be standard weight Schedule 80 with molded threads and shall conform to ASTM D1785.E.All solvent cementing of plastic pipe and fittings shall be a two-step process, using primer and solvent cement applied per themanufacturer's recommendations. Cement shall be of a fluid consistency, not gel-like or ropy. Solvent cementing shall be inconformance with ASTM D2564 and ASTM D2855.F.When connection is plastic to metal, female adapters shall be hand tightened, plus one turn with a strap wrench. Jointcompound shall be non-lead base Teflon paste, tape, or equal.2.5ValvesA. Ball Valves:1.Ball valves shall be of the manufacturer, size, and type indicated on the drawings.8.Contractor shall repair or replace all existing irrigation systems, in areas adjacent to and within the project area of work,damaged by the construction of this project. Adjacent irrigation systems shall be made completely operational and providecomplete coverage of the existing landscaped areas. All repairs shall be complete to the satisfaction of the Owner'sRepresentative.1.6InspectionsA.The Contractor shall permit the Landscape Architect and Owner's authorized representative to visit and inspect at all times anypart of the work and shall provide safe access for such visits.B.Where the specifications require work to be tested by the Contractor, it shall not be covered over until accepted by theLandscape Architect, Owner's authorized representative, and/or governing agencies. The Contractor shall be solely responsiblefor notifying the Landscape Architect, Owner, and governing agencies, a minimum of 48 hours in advance, where and when thework is ready for testing. Should any work be covered without testing or acceptance, it shall be, if so ordered, uncovered at theContractor's expense.SHEETSHEETSFILE NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 201613+44+)#6+1052'%+(+%#6+1055+Ä 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NO.OF28052 Camino Capistrano,Suite 211Laguna Niguel, CA 92677Phone: 949 683.1941Fax: 949 347.8305CITY OF LAKE ELSINORETRACT NO. 32996MODEL COMPLEX AND SALES TRAILERLANDSCAPE PLANPLOT DATE DECEMBER 27 2016132.#06+0)52'%+(+%#6+1052&Ä Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-072 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 2/9/2017 Page 1 of 4 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Justin Kirk, Principal Planner Date:February 14, 2017 Subject:Planning Application No. 2016-93:A request by Calatlantic Homes for the approval of building design and construction of 59 single-family residential units ranging in size from 2,300 SF to 3,200 SF. Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-93 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2016-93 PROVIDING BUILDING DESIGNS FOR 59 SINGLE FAMILY RESIDENTIAL UNITS RANGING IN SIZE FROM 2,300 SF TO 3,200 SF LOCATED WITHIN TRACT 31920-11 OF THE SUMMERLY DEVELOPMENT OF THE EAST LAKE SPECIFIC PLAN (APN: 371-040-013). Background The East Lake Specific Plan (ELSP) was adopted by Ordinance No. 955 by the City Council in June 1993. The Plan consists of 3,000 acres and was originally divided into three individual districts that included a Marina District, Lakeside Resort, and Recreation Village. Several Amendments have been made to the East Lake Specific Plan as follows: Amendments One and Two changed the central area or Phase One of the Specific Plan, primarily it reduced the number of residential units and commercial uses and permitted a golf course in the open space area of the plan. Amendment No. 3 and No. 4 were related to industrial development along Corydon Avenue and are both outside of Phase One. Amendment No. 5 is the marina development located on Lakeshore Drive, known as Waters Edge. Page 2 of 4 Amendment No. 6 replaced multi-family uses with single-family uses, provided several parks and added a 165-acre golf course, club house, and maintenance and golf cart storage facility. The proposed project is a continuation of a previously approved neighborhood in Summerly called Monarch Grove, which was approved in 2014. The proposed development would largely continue the same architectural and floor plans with modest modifications. On January 17, 2017, the Planning Commission recommended approval of the proposed Project by a vote of 4-0. Discussion Project Request and Location The applicant is requesting approval of building design and construction of 59 single family residential units ranging in size from 2,300 SF to 3,200 SF located within Tract 31920-11 of the Summerly Development of the East Lake Specific Plan (APN: 371-040-013). Environmental Setting EXISTING LAND USE ESLP No. 6 GENERAL PLAN Project Site Vacant Low-Medium Residential Specific Plan North Golf Course Open Space Specific Plan South Vacant Low-Medium Residential Specific Plan East Golf Course Open Space Specific Plan West Residential Low-Medium Residential Specific Plan Description of Residential Design Review No. 2016-20 The following describes the various design components and features of the proposed project, including floor plans, architecture, model home complex, preliminary plotting of production units, and the conceptual wall and fence plan. Floor Plans The proposed 59-unit project would offer three different plans, which are described as follows: Plan 1: Single story 2,550 square foot units with 4 bedrooms; 2.5 baths; great room; dining room, kitchen, breakfast nook, laundry, and two-car garage (optional den would replace the fourth bedroom). Plan 2: Two-story 2,842-3,040 (with optional bedroom) square foot units with 4 bedrooms; 2.5 baths; great room; dining room (optional den), kitchen, nook, laundry, study (optional bedroom or bath), and three-car tandem garage (optional bedroom). Plan 3: Two-story 3,184-3,402 (with optional bedroom) square foot units with 4 bedrooms, 3 baths, great room, formal dining room, kitchen, nook, home management room, service room, loft (optional bedroom or bedroom suite), and three-car tandem garage (option bedroom suite). Page 3 of 4 The proposed 59-unit development will be developed with three plans; Plan 1 will account for 19 units (32%), Plan 2 will account for 20 units (34%), and Plan 3 will account for 20 units (34%). The proposed plotting provides an appropriate mixture of plan and elevations types to ensure variety in the streetscape. Architecture and Treatments The proposed project would offer three architectural styles and treatments for each of the floor plans, including Spanish, Tuscan and Craftsman. The following describes each of these architectural styles: The Spanish Style includes concrete “S” tile roofs, decorative wrought iron & clay pipes, shutters, stucco window trim, and arched entries. The Tuscan Architectural Style includes concrete “S” tile roofs, projected wainscoting stone veneer, decorative shutters, wood corbels, and vertical windows with stucco trim. The Craftsman Architectural Style includes concrete flat tile roofs, siding accents at front gable ends, wood outlookers, pot shelves, decorative shutters, vertical windows with stucco trim, columns and stone veneer. Four-sided architectural treatments in the form of window surrounds will be provided for all the proposed residences as a standard feature. In addition enhanced architectural treatments will be provided on those elevations which are visible from public right of ways in the form of shutters. Conceptual Wall and Fence Plan To ensure design consistency, the Conceptual Wall and Fence Plan for the project shows that those similar walls and fences that are provided elsewhere in the Summerly area will continue to be provided with the proposed project. Perimeter walls will be decorative block with pilasters to match the existing Summerly development. Front returns will be six-foot concrete block walls. Interior fencing will be six-foot wood. Landscaping The proposed landscaping plan has been designed to complement the different architectural styles. The proposed landscaping has been adequately designed to meet all water efficiency standards. Analysis The proposed project has been reviewed for consistency with the General Plan, the Lake Elsinore Municipal Code (LEMC), and the ESLP No. 6. The proposed project meets or exceedsall required development standards as identified in the East Lake Specific Plan and the ESLP No. 6. The original East Lake Specific Plan and the subsequent amendments were subject to a consistency finding with the General Plan prior to adoption. The proposed project is consistent with the provisions of the ESLP No. 6 and is therefore found to be consistent with the General Plan. Building, Engineering, and Fire staff have reviewed the requested Design Review application and have conditioned the project so as to mitigate any concerns. Overall the proposed project as Page 4 of 4 designed and conditioned will provide a high quality and complimentary housing option to the Summerly Development. Environmental Determination CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 states that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. A Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SHC #2003071050). The SEIR evaluated environmental impacts that would result from maximum build-out of the Specific Plan. The Project does not present substantial changes or new information regarding the potential environmental impacts of development. Therefore, no additional CEQA documentation is necessary. Fiscal Impact The time and costs related to processing this Project have been covered by the Developer Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The approval of the Project does not fiscally impact the City’s General Fund. Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval. Exhibits A – MSHCP Resolution B – RDR Resolution C – Conditions of Approval D – Vicinity Map E – Aerial Map F – Design Review Package RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-93 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Calatlantic Homes, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-93 (Residential Design Review No. 2016- 20) for the construction of a 59 single-family detached residential development and associated improvements for property located within Tract 31920-11 (APN: 371-040-013) of the Summerly development of the East Lake Specific Plan Amendment No. 6 (ESLP No. 6) (Project); and, Whereas,Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP criteria cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the residential design review; and, Whereas, the East Lake Specific Plan Amendment No. 6 is partially covered by two distinct MSHCP criteria cells: approximately three (3) acres of the ESLP No. 6 are within cell 4846 and approximately three tenths (0.3) of an acre are within cell 4937; and, Whereas,the Project site within the boundaries of the ESLP No. 6 that are covered by the aforementioned cell sites; and, Whereas,on January 17, 2017, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 17.184.090 of the LEMC the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for residential design review applications; and, Whereas,on February 14, 2017, at a duly noticed Public Meeting, the Council has considered the recommendation of the Commission as well as 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has considered the Project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Reso. No. 2017-___ Page 2 of 4 Section 2. That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City’s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City’s MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project’s consistency with other “Plan Wide Requirements.” The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City’s adoption of the MSHCP, there were a series of meetings between the County of Riverside, U.S. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other “Plan Wide Requirements” set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The Project is subject to the City’s LEAP and the County’s Joint Project Reviewprocesses. The ELSP MSHCP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City’s LEAP and County’s Joint Project Review process. Nevertheless, both the City and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The previously approved ESLP No. 6 was determined to be consistent with the Riparian/Riverine and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP No. 6 was consistent with the Protection of Narrow Reso. No. 2017-___ Page 3 of 4 Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6. Additionally, based upon prior approvals, the entire Project site has been graded and any plant species which may have existed on the site have been removed and replaced with development. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in Section 6.3.2 of the MSHCP. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP No. 6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 of the MSHCP. Because the Project has not been modified from that which was previously approved under the ELSP No. 6, no further MSHCP review is necessary and the Project is consistent with the Urban/Wildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. The previously approved ELSP No. 6 was consistent with the Vegetation Mapping requirements as set forth in Section 6.3.1 of the MSHCP. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP No. 6 was consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project overall is consistent with the MSHCP. As stated in No. 1 above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. Section 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council finds that the Project is consistent with the MSHCP. Reso. No. 2017-___ Page 4 of 4 Section 4. This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 14th day of February, 2017. _____________________________ Robert E. Magee, Mayor ATTEST: ____________________________ Susan M. Domen, 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, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of February 14, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2016-93 PROVIDING BUILDING DESIGNS FOR 59 SINGLE FAMILY RESIDENTIAL UNITS RANGING IN SIZE FROM 2,300 SF TO 3,200 SF LOCATED WITHIN TRACT 31920-11 OF THE SUMMERLY DEVELOPMENT OF THE EAST LAKE SPECIFIC PLAN (APN: 371-040- 013) Whereas, Calatlantic, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-93 (Residential Design Review 2016-20) for the construction of a 59 single-family detached residential development and associated improvements for property located within Tract 31920-11 of the Summerly development of the East Lake Specific Plan Amendment No. 6 (ESLP No. 6) (Project); and, Whereas, pursuant to the Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the residential design review; and, Whereas,pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: CEQA) and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: CEQA Guidelines), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and, Whereas, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and, Whereas, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build-out of the specific plan, which contemplated development of single family residential development; and, Whereas, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and, Whereas,on January 17, 2017, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 17.184.090 of the LEMC the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for residential design review applications; and, Reso. No. 2017-___ Page 2 of 3 Whereas,on February 14, 2017, at a duly noticed Public Meeting, the Council has considered the recommendation of the Commission as well as 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has considered the proposed Project and has found it acceptable. The Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), the ESLP No. 6, and the LEMC and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP, ESLP No. 6, and the LEMC. Section 2. The Council finds and determines that no new CEQA documentation is necessary. The Project comprises the whole of the action which was analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the ESLP No. 6. Approval of the Project will not change density or intensity of use; it simply establishes standards for color palates, articulation, orientation, and design of single-family residential development. Therefore, no further environmental review is necessary. Section 3. That in accordance with LEMC Chapter 17.184, the Council makes the following findings regarding Planning Application No. 2016-93 (Residential Design Review No. 2016-20): 1.The Project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The single-family detached residential development has a GP Land Use designation of Specific Plan, is located in the East Lake Planning Area, and has a Zoning designation of Specific Plan. The proposed Project constitutes build out of a previously approved and recorded tract map that was found to comply with the goals and objectives of the General Plan and the ESLP No. 6. The proposed project does not propose an increase in density of development then what was previously approved. Further, the single-family homes will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2.The single-family detached residential development complies with the design directives contained in the ESLP No. 6 and all applicable provisions of the LEMC. The single-family detached residential development is appropriate to the site and surrounding developments and is a continuation of a previously approved residential product in the adjacent areas. The three (3) architectural styles proposed will create a distinctive street scene within the project site. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. 3.Conditions and safeguards pursuant to Chapter 17.184.070 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Reso. No. 2017-___ Page 3 of 3 Pursuant to Section 17.184.070 of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on January 17, 2017. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the Project will not result in a substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Planning Application No. 2016- 93 (Residential Design Review No. 2016-20). Section 5. This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 14th day of February, 2017. _____________________________ Robert E. Magee, Mayor ATTEST: ____________________________ Susan M. Domen, 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, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of February 14, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk Page 1 of 15 Applicants Initials: _____ C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@6805EFD4\@BCL@6805EFD4.docx CONDITIONS OF APPROVAL RESOLUTIONS: PROJECT: PA 2016-93/RDR 2016-20 PROJECT NAME:Monarch Grove Extension (Calatlantic) PROJECT LOCATION:APN 371-040-013 APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL 1.The proposed project (Planning Application No. 2016-93/Residential Design Review No. 2016-20) consists of a request by Calatlantic Homes for the approval of building design and construction of 59 single family residential units located within Tract 31920-11 of the Summerly Development of the East Lake Specific Plan (APN: 371-040-013). 2.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review projects attached hereto. 3.Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4.Design Review approval for Residential Design Review No. 2016-20, shall lapse and become void two (2) 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. 5.All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the East Lake Specific Plan and Lake Elsinore Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 6.All site improvements shall be constructed as indicated on the approved building elevations and site plans for the Residential Design Review. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 2 of 15 Applicants Initials: _____ 7.Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tentative Tract Map No. 31920 and those provisions and requirements contained in the Municipal Code, subject to approval by the Community Development Director or designee. 8.All front fence returns will be decorative masonry walls. Wood fences will not be allowed along the front elevation. Wood, vinyl or steel (wrought iron or aluminum) gates are allowed in order to allow access to rear yards. 9.All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 10.Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 11.Materials and colors as depicted in the approved Design Review Package dated November 4, 2016, shall be used unless minor modifications are approved by the Community Development Director or designee or major modifications are approved by the Planning Commission. 12.The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat concrete pad and air conditioning units. 13.The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain street addresses for all production lots prior to issuance of building permit. 14.The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 15.Prior to the issuance of a building permit, the Applicant shall submit a product placement plan depicting the plan and design for each lot to be approved by the Community Development Director or designee. Care is to be taken to ensure that adjacent units are not of the same plan and design and there is adequate variation. 16.The applicant shall comply with all applicable City Codes and Ordinances. 17.Prior to issuance of building permit, building plans for the model home complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped-accessible bathroom. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 3 of 15 Applicants Initials: _____ 18.A cash bond shall be required for the model home complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the model home complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 19.A cash bond of shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 20.A cash bond shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 21.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. 22.All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. 23.All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent landscape coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Cost Estimate for materials and labor shall also be submitted for review and approval. A Landscape Plan Check fee will be charged prior to final landscape approval based on the Consultant's fee, inspection, and permit and administration fees. Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed three feet and whose canopy does not fall below six feet. The landscape plan shall provide for California native drought-tolerant ground cover, shrubs, and trees. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. No front-yard grass turf landscaping shall be installed. All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years or Certificate of Occupancy. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 4 of 15 Applicants Initials: _____ All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. All new Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by: 1) Implementing hydrozones; 2) Minimizes high water-use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates water-efficient (“drought-tolerant” / climate-appropriate) plants; 3) Requires an efficient irrigation system that includes: a. ET-Based (“Smart irrigation”) controller(s) with weather-sensing, automatic shut-off and seasonal adjustment capabilities; b. Efficient irrigation water application through use of: i.Low-volume point-source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and/or ii. Spray or rotor-type nozzles for areas a minimum of eight (8) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 4) Improvement of soil structure for better water retention; and 5)Application of mulch to hinder evaporation. The Final landscape plan shall be consistent with any approved site and/or plot plan. The Final landscape plan shall include planting and irrigation details. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. All landscaping and irrigation shall comply with the water-efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. Applicant shall provide a landscaping installation plan prior to the issuance of building permits to be approved by the Community Development Director or their designee. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 5 of 15 Applicants Initials: _____ 24.Fences located in any front yard shall not exceed three feet in height with the exception that wrought-iron fences may be five feet in height. Chain link fences shall be prohibited. 25.Garages shall be constructed to provide a minimum of twenty feet by twenty feet (20’ x 20’) of interior clear space to accommodate two vehicles. 26.These Conditions of Approval and those conditions approved with Tentative Tract Map No. 31920 shall be reproduced on subsequent building plans prior to issuance of building permit. 27.Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place Sunday or any Legal Holidays. 28.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 and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. 29.The Homeowner’s Association shall maintain all project improvements and facilities, including the landscaping, perimeter walls, park facilities, and drainage improvements. 30.The developer shall comply with all of the terms and conditions of that certain First Amended and Restated Development Agreement Between the City of Lake Elsinore and Laing-CP Lake Elsinore LLC” which recorded on December 17, 2004 in the Official Records of Riverside County, California as Instrument No. 1001282 and the First Operating Memorandum of Understanding dated November 23, 2010 by and between the City and McMillin Summerly, LLC, the successor in interest to Laing, including without limitation the requirements of Section 12.10 relating to the provision of affordable housing or (at the election of the developer) payment of an Affordable Housing Fee in the amount of One Dollar and Thirty Cents ($1.30) per square foot of assessable space. 31.The applicant shall provide all prospective home buyers and home owners a written disclosure statement identifying that the project is located within an active recreation area. Such activities will include, but are not limited to sporting activities, water sport and recreation activities, off road racing, sky diving, hang gliding, etc. Said written disclosure statements shall indicate that such recreation activities will include, but are not limited to noise impacts, excessive lighting and dust. BUILDING DIVISION General Conditions 32.Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 6 of 15 Applicants Initials: _____ 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.Compliance with Code. 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.Green Measures. The application shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 35.Disabled Access. 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-of-way to all public areas on site, such as club house, trach enclosure tot lots and picnic areas. 36.Street Addressing. 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.Clearance from LEUSD. 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.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 39.Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 40.Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 41.House Electrical Meter. 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. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 7 of 15 Applicants Initials: _____ At Plan Review Submittal 42.Submitting Plans and Calculations. 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. Prior to Issuance of Grading Permit(s) 43.Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 44.Demolition Permits. 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) 45.Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 46.Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DIVISION General Requirements 47.This project shall comply with the applicable Conditions of Approval of Tentative Tract 31920 as approved by City Council on July 27, 2004. 48.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded. 49.All slopes, open space, community walls and landscaping except for public parks, school property and flood control district facilities shall be maintained by the property owner or property owner’s association or another maintenance entity approved by the City Council. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 8 of 15 Applicants Initials: _____ 50.Community walls will be located on Homeowner’s Association lots. 51.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. 52.Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 53.No building will be allowed in drainage easements. Drainage easements will be kept free and clear. 54.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. 55.All required grading and improvement plans, soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. 56.Prior to City Council approval of the final Tract Map the developer shall, in accordance with Government Code, have constructed all improvements or have improvement plans submitted and approved, agreements executed and securities posted. Fees 57.The developer shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees may include: Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Drainage Fee. Fee rate will be assessed at the prevalent rate at time of payment in full. Flood Plain 58.Meet all requirements of LEMC 15.68 and 15.64 regarding floodplain management and flood hazard regulations. Finish floor elevation of all buildings shall be a minimum of 1267 ft. 59.The developer shall provide written, signed and sealed certification from a registered Civil Engineer or licensed Land Surveyor that the finished floor of each structure is at or above the elevation of 1267 ft. 60.The current LOMR information shall be shown on the grading plans. 61.A copy of the approved LOMR-F should be provided to each homeowner. 62.Projects in the back basin shall comply with the special conditions to Permit No. 88- 00215-00-RRS (Lake Elsinore Management Project) Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 9 of 15 Applicants Initials: _____ Storm Water Management / Pollutant Prevention 63.The developer shall obtain and maintain coverage under the General Permit – Construction. A copy of the Change of Information (COI) and/or NOI shall be submitted to the Engineering Division prior to permit issuance. A SWPPP shall be prepared, implemented and maintained onsite to provide erosion control measures and best management practices (BMP’s) throughout all phases of construction. 64.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 storm drain system. 65.The developer shall submit an amendment to the Master Water Quality Management Plan (WQMP). The requirements of theWQMPAmendment may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. The final WQMP Amendment must be approved prior to grading permit issuance. 66.DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMPs of the Riverside County NPDES Drainage Area Management Plan. Improvements 67.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 documents prior to issuance. 68.Applicant to provide to the City a video record of the condition of all public City roads being used for construction. 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. 69.Sight distance into and out of the project location shall comply with CALTRANS Standards. 70.All landscaping and fencing at intersections shall meet City Sight Distance Standards. 71.Roof drains shall drain to a landscaped area. 72.The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 73.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. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 10 of 15 Applicants Initials: _____ 74.10 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 is exceeded, drainage facilities shall be provided. 75.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 76.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 77.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 78.All Public Works requirements shall be constructed and complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 79.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 80.The developer shall provide signing and striping plans for the required improvements of this project. Grading 81.Grading plans shall reference NAVD 88 datum and elevations. The current LOMR information shall be place on the plans for easy reference. 82.Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Export sites located within the Lake Elsinore City limits must have an active grading permit. Hauling of over 5,000 cy subject to City Council approval (LEMC 15.72.065). Costs incurred by City in conjunction with approval of the haul route shall be paid by the applicant. 83.The project shall comply with CBC 1804.3 site grading requirements. 84.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. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 11 of 15 Applicants Initials: _____ 85.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). 86.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 87.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. 88.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). 89.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 90.Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 91.Developer shall pay all grading permit applicable processing, permit, security and development fees including those fees identified in an applicable development agreement. Prior to Issuance of Building Permit 92.The final map shall be approved and recorded prior to building permit issuance. 93.Final map shall be approved and recorded. 94.Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 95.All required public right-of-way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 96.All internal street improvement and signing and striping plans shall be completed and approved by the City Engineer. 97.The developer shall pay all Capital Improvement TIF and Plan Check fees (LEMC 16.34). Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 12 of 15 Applicants Initials: _____ Prior to Occupancy 98.All signing and striping and traffic control devices for the required improvements internal to TR 31920-10 shall be installed. 99.All public improvements internal to TR 31920-10 shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. Acceptance of public improvements can be requested once all construction of homes has ended. 100. Any damage to existing landscape easement areas due to project construction shall be repaired or replaced at no cost to the City. 101. Any damage to existing asphalt streets, concrete sidewalks, curbs, gutters and driveways will be repaired to the satisfaction of the City Engineer prior to tract final. 102. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 103. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ x 11” mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 104. 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. 105. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: Demonstrate that all structural BMPs required for TR 31920-10 have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; Demonstrate that they are prepared to implement all non-structural BMPs required for TR 31920-10 included in the conditions of approval or building/grading permit conditions; Demonstrate that an adequate number of copies of the approved project specific TR 31920-10 Amendment to the WQMP are available for the future owners/occupants; and The developer shall provide all education guidelines for Water Quality Management Practices to the separate owners 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. 106. The property owner shall execute and cause to be recorded an Operations and Maintenance Agreement in the form provided by the City to inform future property owners of the requirement to implement the approved final project-specific WQMP. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 13 of 15 Applicants Initials: _____ 107. As-built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. 108. The approved, revised plans and Final recorded map(s) shall be provided to the City on a CD/DVD in .tif format and as GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 109. All final studies and reports shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, WQMP, etc. CITY OF LAKE ELSINORE FIRE MARSHALL General Conditions 110.Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of Fire Department conditions to forward them to all interested parties. The permit number is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division 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. 111.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. 112.Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,500 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 500’ and 250’ maximum distance from any point on the street or road frontage to hydrant. Standard Fire hydrants shall be installed (6”x4”x2-1/2”). 113.Standard 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 measures along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 114.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. Twenty-four feet (24’) 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. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 14 of 15 Applicants Initials: _____ 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), 1973]. C. The required all weather vehicular access shall be able to support no less than 70,000 lbs. over 2 axles. D. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. E. Turning Radius shall be 26’ inside and 38’ outside for all access roads. 115.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. 116.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 0.5 inch in height, incorporating the suggested wording “FIRE AND/OR SMOKE BARRIER-PROTECT ALL OPENINGS,” or other wording. Prior to Building Permit Issuance 117.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. 118.Water System Plans - Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. 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. 119.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 such inspection all permanent road signs shall be in place, all 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 120.Residential Fire Sprinkler Systems for Single family and two-family 13D - Install a complete fire sprinkler system designed in accordance with California Residential Code, California Fire Code and adopted standards. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. Conditions of Approval Planning Commission: 01/17/2017 PA 2016-93/RDR 2016-20 City Council: 02/14/2017 Page 15 of 15 Applicants Initials: _____ MITIGATION MONITORING AND REPORTING PROGRAM 121. The Mitigation Monitoring & Reporting Program ((MMRP) for (EIR or MND), which was adopted for Tentative Tract Map No. 31920. DIAMOND DRVILLAGE PKWYMALAGA RD MI SSI ON TRLH I D D E N T R L LINE DRBASEBALL G R A N D S L A M PETE LEHR DR INFIELD MEADOW OUTFIELD DIAMOND DRVILLAGE PKWYMALAGA RD MI SSI ON TRLH I D D E N T R L LINE DRBASEBALL G R A N D S L A M PETE LEHR DR INFIELD MEADOW OUTFIELD PLANNING APPLIC ATION 20 16-93VICINITY MAP PR OJEC T SITE ´ DIAMOND DRVILLAGE PKWYMALAGA RD MI SSI ON TRLH I D D E N T R L LINE DRBASEBALL G R A N D S L A M PETE LEHR DR INFIELD MEADOW OUTFIELD DIAMOND DRVILLAGE PKWYMALAGA RD MI SSI ON TRLH I D D E N T R L LINE DRBASEBALL G R A N D S L A M PETE LEHR DR INFIELD MEADOW OUTFIELD PLANNING APPLIC ATION 20 16-93AERIAL MAP PR OJEC T SITE ´ 2016211.00 | 11-04-16 MONARCH GROVE EXTENSION William Hezmalhalch Architects, Inc. Contact: Mike Hutaff 2850 Redhill Ave, Suite 200 Santa Ana, CA 92705-5543 949.250.0167 | www.wharchitects.com not to scale OUR TEAM CalAtlantic Homes Contact: Thomas Eckes 355 E. Rincon Street, Suite 300, Corona, CA 92879 951 898-5525 | www.calatlantichomes.com Adams Streeter Civil Engineers, Inc. Contact: Nick Streeter, PE, PLS 15 Corporate Park, Irvine, CA 92166 949.474.2330 | www.hunsaker.com Land Concern, LTD. Contact: Lindsey Givens 1750 Deere East, Santa Ana, CA 92705 949.250.4822 | www.landconcern.com P lan 3 a l ot 18 P lan 2 c R l ot 17 P lan 1B l ot 19 2016211.00 | 11-04-16 MONARCH GROVE EXTENSION TOC Architectural Exhibits: Exhibits Page Conceptual Streetscene of Lots 19-17 SS Plan 1A Spanish Floor Plan A1.1 Plan 1B/1C Addenda Floor Plans A1.2 Plan 1 Front Elevations A1.3 Plan 1A Spanish Elevations & Roof Plans A1.4 Plan 1A Spanish - Optional Covered Patio Elevations A1.5 Plan 1B Tuscan Elevations & Roof Plans A1.6 Plan 1B Tuscan Elevations - Optional Covered Patio Elevations A1.7 Plan 1C Craftsman Elevations & Roof Plans A1.8 Plan 1C Craftsman Elevations - Optional Covered Patio Elevations A1.9 Plan 1 Building Sections A1.10 Plan 2A Spanish Floor Plan A2.1 Plan 2A Plan Options A2.2 Plan 2B/2C Tuscan/Craftsman Addenda Floor Plans A2.3 Plan 2 Front Elevations A2.4 Plan 2A Spanish Elevations & Roof Plans A2.5 Plan 2B Tuscan Elevations & Roof Plans A2.6 Plan 2C Craftsman Elevations & Roof Plans A2.7 Plan 2 Optional Covered Patio Elevations A2.8 Plan 2 Building Sections A2.9 Exhibits Page Plan 3A Spanish Floor Plan A3.1 Plan 3 Plan Options A3.2 Plan 3B/3C Tuscan/Craftsman Addenda Floor Plans A3.3 Plan 3 Front Elevations A3.4 Plan 3A Spanish Elevations & Roof Plans A3.5 Plan 3B Tuscan Elevations & Roof Plans A3.6 Plan 3C Craftsman Elevations & Roof Plans A3.7 Plan 3 Optional Covered Patio Elevations A3.8 Plan 3 Sections A3.9 Landscape Architecture Exhibits: Conceptual Landscape Plan L-1 Conceptual Wall & Fence Plan L-2 Typical Front Yards L-3 Civil Exhibits: Exhibits Page Site Plan C-1 Site Plan C-2 Preliminary Grading Plan C-3 Feet 0 40 80 SITE PLAN OWNER:PREPARED UNDER THE SUPERVISION OF: CITY OF LAKE ELSINORE MONARCH GROVE EXTENSION - TRACT NO. 31920-11 15 Corporate Park, Irvine, CA 92606 | 949.474.2330 | adams-streeter.com PREPARED BY: C1 2016211.00 | 11-04-16 MONARCH GROVE EXTENSION Not to sCALe C o NC e P t UAL st R eets C e N e SS PLAN 2CR L ot 17 PLAN 3A L ot 18 PLAN 1B L ot 19 2016211.00 | 11-04-16 A1.20 2 4 8 MONARCH GROVE EXTENSION PLAN 1A - FLOOR PLAN 4 BDRM | 2.5 BATH OPTIONAL DEN | COVERED PATIO 2-CAR GARAGE + STORAGE 2558 S.F. PLAN 1A - SPANISH OPTIONAL COVERED PATIO OPTIONAL DEN 2016211.00 | 11-04-16 A1.30 2 4 8 MONARCH GROVE EXTENSION PLAN 1 - ADDENDA FLOOR PLANS PLAN 1C - CRAFTSMAN FLOOR PLAN PLAN 1B - TUSCAN FLOOR PLAN 2016211.00 | 11-04-16 A1.40 2 4 8 MONARCH GROVE EXTENSION PLAN 1 - FRONT ELEVATIONS PLAN 1A | SPANISH PLAN 1B | TUSCANPLAN 1C | CRAFTSMAN ROOF: CONCRETE S TILE ROOF FASCIA: 2X6 WOOD FASCIA BOARD BARGE BOARD: 2X6 WOOD BARGE BOARD GABLE: CLAY PIPE ACCENT WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM WINDOW: EXTERIOR GRIDS FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR WITH DECORATIVE COACH LIGHTS, ROOF: CONCRETE S TILE ROOF FASCIA: 2X6 TYPICAL FASCIA WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM TRIM WINDOW: VINYL WITH EXTERIOR GRIDS ACCENT DETAIL: DECORATIVE SHUTTERS VENEER: MANUFACTURED STONE FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR WITH OPTIONAL COACH LIGHTS PER ELEVATION STYLE ROOF: FLAT CONCRETE ROOF TILE WITH OUTLOOKER WITH KNEE BRACE AT GABLE FASCIA: 2X6 TYPICAL FASCIA BARGE BOARD: 2X6 WOOD BARGE BOARD. GABLE: VERTICAL BOARD & BATTS WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM TRIM WINDOW: VINYL WITH EXTERIOR GRIDS ACCENT DETAIL: STUCCO COLUMNS WITH STONE VENEER BASE AT ENTRY PORCH VENEER: MANUFACTURED STONE VENEER FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR WITH OPTIONAL COACH LIGHTS PER ELEVATION STYLE Note: Artist’s conception; colors, materials and application may vary. 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A1.5 PLAN 1A - SPANISH ELEVATIONS & ROOF PLAN RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. ROOF PLAN: 1-8” SCALE | 4:12 PITCH REAR Fence Line REAR + 18'- 4''Fence Line 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A1.6 PLAN 1A - OPTIONAL COVERED PATIO ELEVATIONS & ROOF PLAN ROOF PLAN: 1-8” SCALE | 4:12 PITCH OPTIONAL COVERED PATIO - LEFT ROOF PLAN: 1-8” SCALE | 4:12 PITCH OPTIONAL COVERED PATIO - REAR OPTIONAL COVERED PATIO - RIGHT Fence Line Note: Artist’s conception; colors, materials and application may vary. 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A1.7 PLAN 1B - TUSCAN ELEVATIONS & ROOF PLAN REAR RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. Fence Line ROOF PLAN: 1-8” SCALE | 4:12 PITCH + 18'- 4'' 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A1.8 PLAN 1B - OPTIONAL COVERED PATIO ELEVATIONS & ROOF PLAN ROOF PLAN: 1-8” SCALE | 4:12 PITCH OPTIONAL COVERED PATIO - LEFT ROOF PLAN: 1-8” SCALE | 4:12 PITCH OPTIONAL COVERED PATIO - REAR OPTIONAL COVERED PATIO - RIGHT Fence Line Note: Artist’s conception; colors, materials and application may vary. 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A1.9 PLAN 1C - CRAFTSMAN ELEVATIONS & ROOF PLAN RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. REAR Fence Line ROOF PLAN: 1-8” SCALE | CRAFTSMAN | 4:12 PITCH + 20'- 3'' 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A1.10 PLAN 1C - OPTIONAL COVERED PATIO ELEVATIONS & ROOF PLAN OPTIONAL COVERED PATIO - RIGHT Note: Artist’s conception; colors, materials and application may vary. ROOF PLAN: 1-8” SCALE | 4:12 PITCH OPTIONAL COVERED PATIO - LEFT ROOF PLAN: 1-8” SCALE | 4:12 PITCH OPTIONAL COVERED PATIO - RIGHT OPTIONAL COVERED PATIO - REAR Fence Line 2016211.00 | 11-04-16 A1.110 2 4 8 MONARCH GROVE EXTENSION PLAN 1 - se C t I o N s 2016211.00 | 11-04-16 A2.10 2 4 8 MONARCH GROVE EXTENSION PLAN 2A - FLOOR PLAN 4 BDRM | 3.5 BATH | STUDY | LOFT OPTIONAL DEN | COVERED PATIO | BEDROOM 5 SUITE | BEDROOM 5/BATH 4 2-CAR GARAGE + TANDEM 2842 S.F. PLAN 2A - SPANISH Lo W e R L e V e L UPP e R L e V e L 2016211.00 | 11-04-16 A2.20 2 4 8 MONARCH GROVE EXTENSION PLAN 2 - PLAN o P t I o N s OPTIONAL COVERED PATIO OPTIONAL BEDROOM 5/ BATH 4 AT STUDY OPTIONAL BEDROOM 5 SUITE WITH BATH 4 AT TANDEM GARAGE OPTIONAL DEN AT DINING 2016211.00 | 11-04-16 A2.30 2 4 8 MONARCH GROVE EXTENSION PLAN 2 - ADDENDA FLOOR PLANS PLAN 2C - CRAFTSMAN FLOOR PLAN PLAN 2B - TUSCAN FLOOR PLAN Lo W e R L e V e LUPPeR L e V e L Lo W e R L e V e LUPPeR L e V e L 2016211.00 | 11-04-16 A2.40 2 4 8 MONARCH GROVE EXTENSION PLAN 2 - FRONT ELEVATIONS PLAN 2A | SPANISH PLAN 2B | TUSCANPLAN 2C | CRAFTSMAN ROOF: CONCRETE S TILE ROOF FASCIA: 2X6 WOOD FASCIA BOARD BARGE BOARD: 2X6 WOOD BARGE BOARD GABLE: CLAY PIPE ACCENT WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM WINDOW: EXTERIOR GRIDS FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR ROOF: CONCRETE S TILE ROOF FASCIA: 2X6 TYPICAL FASCIA WITH OUTLOOKER GABLE: STUCCO RECESS WITH DECORATIVE METAL ACCENT WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM TRIM WINDOW: VINYL WITH EXTERIOR GRIDS ACCENT DETAIL: DECORATIVE SHUTTERS, DECORATIVE METAL SHELF VENEER: MANUFACTURED STONE BASE FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR ROOF: FLAT CONCRETE ROOF TILE WITH OUTLOOKER WITH KNEE BRACE AT GABLE FASCIA: 2X6 TYPICAL FASCIA BARGE BOARD: 2X6 WOOD BARGE BOARD GABLE: VERTICAL BOARD & BATTS WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM TRIM WINDOW: VINYL WITH EXTERIOR GRIDS ACCENT DETAIL: WOOD COLUMNS WITH BRICK VENEER BASE AT ENTRY PORCH, DECORATIVE SHUTTERS VENEER: BRICK VENEER FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR Note: Artist’s conception; colors, materials and application may vary. 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A2.5 PLAN 2A - SPANISH ELEVATIONS & ROOF PLAN RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. REAR ROOF PLAN: 1-8” SCALE | 5:12 PITCH + 24'- 11''Fence Line SHUTTERS AT ENHANCED ELEVATIONS SHUTTER AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A2.6 PLAN 2B - TUSCAN ELEVATIONS & ROOF PLAN REAR RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. Fence Line ROOF PLAN: 1-8” SCALE | 5:12 PITCH + 24'- 11''SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A2.7 PLAN 2C - CRAFTSMAN ELEVATIONS & ROOF PLAN RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. REAR Fence Line ROOF PLAN: 1-8” SCALE | CRAFTSMAN | 5:12 PITCH + 24'- 11''SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 A2.80 2 4 8 MONARCH GROVE EXTENSION PLAN 2 - o P t I o NAL C o V e R e D PAt I o e L e VAt I o N & R oo F PLAN PLAN 2A - SPANISH REAR PLAN 2C - CRAFTSMAN REARLEFT RIGHT PLAN 2A - SPANISH REARPLAN 2A - SPANISH REAR LEFT RIGHT PLAN 2B - TUSCAN REAR LEFT RIGHT ROOF PLANS SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 A2.90 2 4 8 MONARCH GROVE EXTENSION PLAN 2 - SECTIONS 2016211.00 | 11-04-16 A3.10 2 4 8 MONARCH GROVE EXTENSION PLAN 3A - FLOOR PLAN 4 BDRM | 3.5 BATH | STUDY | LOFT OPTIONAL EXTENDED KITCHEN | COVERED PATIO | BEDROOM 6 SUITE WITH BATH 5 | BEDROOM 6 SUITE | BEDROOM 5 WITH LINEN | BEDROOM 2 WITH WALK-IN CLOSET | BEDROOM 5 WITH BATH 4 2-CAR GARAGE 3184 S.F. PLAN 3A - SPANISH Lo W e R L e V e L UPP e R L e V e L 2016211.00 | 11-04-16 A3.20 2 4 8 MONARCH GROVE EXTENSION PLAN 3 - PLAN o P t I o N s OPTIONAL COVERED PATIO OPTIONAL BEDROOM 2 WALK-IN CLOSET OPTIONAL BEDROOM 6 SUITE WITH BATH 5 OPTIONAL EXTENDED KITCHEN OPTIONAL BEDROOM 5 & LINEN OPTIONAL BEDROOM 5 SUITE WITH BATH 4 OPTIONAL BEDROOM 6 SUITE AT TANDEM GARAGE 2016211.00 | 11-04-16 A3.30 2 4 8 MONARCH GROVE EXTENSION PLAN 3 - ADDENDA FLOOR PLANS PLAN 3C - CRAFTSMAN FLOOR PLAN PLAN 3B - TUSCAN FLOOR PLAN Lo W e R L e V e LUPPeR L e V e L Lo W e R L e V e LUPPeR L e V e L 2016211.00 | 11-04-16 A3.40 2 4 8 MONARCH GROVE EXTENSION PLAN 3 - FRONT ELEVATIONS PLAN 3A | SPANISH PLAN 3 | TUSCANPLAN 3C | CRAFTSMAN ROOF: CONCRETE S TILE ROOF FASCIA: 2X6 WOOD FASCIA BOARD BARGE BOARD: 2X6 WOOD BARGE BOARD GABLE: CLAY PIPE ACCENT WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM WINDOW: EXTERIOR GRIDS FRONT DOOR: ACCENT COLOR ACCENTS: DECORATIVE SHUTTERS GARAGE DOOR: METAL SECTIONAL GARAGE DOOR ROOF: CONCRETE S TILE ROOF FASCIA: 2X6 TYPICAL FASCIA GABLE: STUCCO RECESS WITH DECORATIVE METAL ACCENT WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM TRIM WINDOW: VINYL WITH EXTERIOR GRIDS ACCENT DETAIL: DECORATIVE SHUTTERS VENEER: MANUFACTURED STONE FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR ROOF: FLAT CONCRETE ROOF TILE WITH OUTLOOKER WITH KNEE BRACE AT GABLE FASCIA: 2X6 TYPICAL FASCIA BARGE BOARD: 2X6 WOOD BARGE BOARD. GABLE: VERTICAL BOARD & BATTS WALL: STUCCO WITH (16/20 SAND FINISH) WINDOW TRIM: STUCCO OVER RIGID FOAM TRIM WINDOW: VINYL WITH EXTERIOR GRIDS ACCENT DETAIL: WOOD TAPERED COLUMNS WITH BRICK VENEER BASE & WOOD RAILING & DECORATIVE SHUTTERS VENEER: BRICK FRONT DOOR: ACCENT COLOR GARAGE DOOR: METAL SECTIONAL GARAGE DOOR Note: Artist’s conception; colors, materials and application may vary. 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A3.5 PLAN 3A - SPANISH ELEVATIONS & ROOF PLAN RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. ROOF PLAN: 1-8” SCALE | 4:12 PITCH REAR + 25' -9''Fence Line SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A3.6 PLAN 3B - TUSCAN ELEVATIONS & ROOF PLAN REAR RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. Fence Line ROOF PLAN: 1-8” SCALE | 4:12 & 3.5:12 PITCH + 25'- 9''SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 0 2 4 8 MONARCH GROVE EXTENSION A3.7 PLAN 3C - CRAFTSMAN ELEVATIONS & ROOF PLAN RIGHT LEFT Note: Artist’s conception; colors, materials and application may vary. REAR Fence Line ROOF PLAN: 1-8” SCALE | CRAFTSMAN | 4:12 & 3.5:12 PITCH + 25'- 9''SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 A3.80 2 4 8 MONARCH GROVE EXTENSION PLAN 3 - o P t I o NAL C o V e R e D PAt I o e L e VAt I o N & R oo F PLAN PLAN 2A - SPANISH REAR PLAN 3C - CRAFTSMAN REARLEFT RIGHT PLAN 2A - SPANISH REARPLAN 3A - SPANISH REAR LEFT RIGHT PLAN 3B - TUSCAN REARLEFT RIGHT LEFT RIGHT ROOF PLANS SHUTTERS AT ENHANCED ELEVATIONS SHUTTERS AT ENHANCED ELEVATIONS 2016211.00 | 11-04-16 A3.90 2 4 8 MONARCH GROVE EXTENSION PLAN 3 - se C t I o N s 4.25 LF7.2 LFUP17RUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF 4.25 LF7.2 LF UP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF 3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17R 4.25 LF7.2 LF UP17RDARSEY 1145.08 LF6.05 LF 5.8 LF 3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF UP17RDARSEY 114 5.0 8 L F 6.0 5 L F 5.8 LF 3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF 7.3 3 L F 4.25 LF7.2 LF UP17RUP17R4.25 LF7.2 LF UP17RDARSEY 114 5.08 LF6.05 LF5.8 LF 3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF 7.2 LF UP17RDARSEY 1145.08 LF6.05 LF5.8 LF 3.5 LF 3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF 3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF 3.5 LF 3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF7.2 LF UP17RDARS E Y 1 1 45.08 LF6.05 LF5.8 LF 3.5 LF 3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDA R S E Y 1 1 45.08 LF6.05 LF5.8 L F 3. 5 LF 3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF7.2 LFUP 17R DARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF 3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF7.2 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17R4.25 LF7.2 LFUP17R4.25 LF7.2 LFUP17RUP17RUP17R 4.25 LF7.2 LFUP17RUP17R 4.25 LF7.2 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF 6 LF3.67 LF 4.05 LF7.33 LF4.25 LF7.2 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP 17R DARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP 17R DARSEY 1145.08 LF 6.05 LF 5.8 LF3.5 LF3.92 LF6.8 LF6 LF 3.67 LF4.05 LF 7.33 LF DARSEY 1145.08 LF 6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF6 LF 3.67 LF4.05 LF 7.33 LF4.25 LF7.2 LFUP17RUP17R4.25 LF7.2 LFUP17RUP17R4.2 5 L F 7.2 LFUP 17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3. 9 2 L F 6.8 LF6 LF3.67 LF 4.05 LF7.33 LFUP17R4.25 LF7.2 LFUP17R4.25 LF 7.2 LFUP17R UP 17R 4.25 LF 7.2 LFUP 17R UP 17RUP17R 6 LF6 LF6 LF6 LF6 LF6 LF6 LF6 LF6 LF6 LF6 LF6 LF6 LF 6 LF 6 LFROYAL ABERDEENBRAEMARTU R N H O U S E STIRL I N G ROYAL ABERDEEN1750 E DEERE AVE, SANTA ANA, CA 92705O 949.250.4822 www.landconcern.comL-1CalAtlantic HomesSummerly - Monarch Tract 11Lake Elsinore, CAConceptual Landscape PlanNovember 4, 2016TREE PLANTING PALETTESTREET TREE: MINIMUM 24" BOXEVERGREEN VERTICAL TREE / ACCENT TREE(FRONT YARD) MINIMUM 24" BOXDESCRIPTION OF IRRIGATION SYSTEMSCOMPLIANCE TO GREEN CODE AND THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE(2016)THE LANDSCAPE IRRIGATION DESIGN CONTAINS SEVERAL ELEMENTS THAT WILL BE INCORPORATED INTO THE CONSTRUCTION OF THEIRRIGATION SYSTEM TO PROMOTE THE CONSERVATION OF WATER RESOURCES.THE LANDSCAPE WILL COMPLY WITH THE REQUIREMENTS OF THE LANDSCAPE DOCUMENT PACKAGE OF THE MODEL WATER EFFICIENTLANDSCAPE ORDINANCE (MWELO 2016)THE LANDSCAPE IS DIVIDED INTO IRRIGATION ZONES WITH DIFFERING WATER REQUIREMENTS BASED UPON PLANT MATERIAL, SLOPE, SUNEXPOSURE, AND IRRIGATION APPLICATION TYPE AS FOLLOWS: TURFGRASS, DRIP IRRIGATION, SUPPLEMENTAL TREE WATERING (ASNECESSARY)THE IRRIGATION SYSTEM CONSIDERS PLANT FACTORS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS 4) ASPUBLISHED BY THE CALIFORNIA DEPARTMENT OF WATER RESOURCES. PLANTS WITHIN THE LANDSCAPE ARE GROUPED/HYDROZONED BYSIMILAR CLASSIFICATIONS.THE IRRIGATION SYSTEM UTILIZES THE FOLLOWING:1.NORMALLY CLOSED MASTER VALVE AND FLOW SENSING EQUIPMENT TO MONITOR FLOWS AND TERMINATE IRRIGATION IN THEEVENT OF HIGH OR LOW FLOWS (HOA COMMON AREA ONLY.)2.TURF AREAS WITH SPRAY IRRIGATION, 6” POP UP SPRINKLERS WITH CHECK VALVES AND PRESSURE REGULATION USING HIGHEFFICIENCY, MATCHED PRECIPITATION RATE HIGH EFFICIENCY NOZZLES.3.SHRUB PLANTER AREAS WITH INLINE, PRESSURE COMPENSATING DRIP TUBING.4.TREES WITH DEEP WATERING IRRIGATION SYSTEMS WITH SEPARATE VALVES WITH LOW FLOW STREAM BUBBLERS TO BROADCASTWATER OVER THE ENTIRE ROOTBALL WITHOUT SPRAYING TRUNK.5.CONTROLLER SYSTEM WITH A WEATHER BASED IRRIGATION ADJUSTMENT AND A RAIN SENSORTHE ESTIMATED WATER USE (ETWU) WILL BE LESS THAN THE MAXIMUM APPLIED WATER ALLOWANCE (MAWA) FOR NON-RESIDENTIALLANDSCAPES PER THE 2016 CALIFORNIA MWELOCOMMON AREA LANDSCAPE DESIGNCOMMON AREAS WILL BE LANDSCAPED TO REINFORCE THE ARCHITECTURAL STYLE OF EACHHOME OR BUILDING CLUSTER. PLANTS WILL BE SELECTED FROM THE APPROVED PALETTE FOREACH STYLE. WALK WAYS WILL BE DESIGNED TO PROVIDE A PLEASING CIRCULATIONEXPERIENCE TO EACH HOME, COMMON AREA AMENITIES AND TRAILS.CORNER ACCENT TREE: MINIMUM 36" BOX408020SCALE: 1" = 40'0MAINTENANCE LEGENDH.O.A. MAINTAINED - MASTER INSTALLEDHOMEOWNER MAINTAINED: FRONT YARDBUILDER INSTALLEDHOMEOWNER MAINTAINED: PRIVATE YARDMASTER INSTALLED TREE LEGENDSTREET TREE: PER MASTER INSTALLED LANDSCAPEPLANS PREPARED BY LAND CONCERN - RHUS LANCEAACCENT TREE: MINIMUM 24" BOX - LAGERSTROEMIA SPECIESSTREET TREE: PER MASTER INSTALLED LANDSCAPEPLANS PREPARED BY LAND CONCERN - PODOCARPUS GRACILIORN.T.S.KEY MAPD I A M O N D D R I V ESUMMERLY PL.VILLAGE PKWYHIDDEN TRAILPROJECT SITESHRUB PLANT PALETTEBOTANICAL NAMEAgave americanaNew Gold LantanaLeucophyllum frutescens 'Compacta'Shrubby Yew PinePittosporum tobira 'Variegata'Rosa 'Flower Carpet' (Red)Rosmarinus officinalis 'Huntington Carpet'GermanderCOMMON NAMEAgave americana 'Variegata'Variegated Century PlantAmerican Century PlantAgave desmetiana 'Variegata'Variegated Smooth AgaveCallistemon 'Little John'Dwarf BottlebrushDietes 'Orange Drop'Orange Drop Fortnight LilyFestuca maireiAtlas FescueLantana 'New Gold'Compact Texas RangerLigustrum japonicumJapanese PrivetMiscanthus sinensis 'Morning Light'Maiden GrassMuhlenbergia capillaris 'Regal Mist'Regal Mist Muhly GrassPennisetum messiacumRed Bunny TailsPennisetum spathiolatumSlender Veldt GrassPodocarpus macrophyllus 'MakiVariegated TobiraCarpet RoseRosa iceberg 'White'White Shrub RoseRosemaryTecoma x 'Sierra Apricot'Sierra Apricot EsperanzaTeucrium chamaedrysXylosma congestum 'Compactum'Shiny XylosmaJacaranda mimosifoliaKoelreuteria bipinnataKoelreuteria paniculataQuercus virginianaRhus lanceaJacarandaChinese Flame TreeGolden RaintreeSouthern Live OakAfrican sumacPodocarpus graciliorFern ineRhus lanceaAfrican sumacArbutus unedoElaeocarpus decipiensPittosporum tenuifolium(Tree Form)Strawberry TreeJapanese Blueberry TreeKohuhuPodocarpus graciliorFern ineCupaniopsis anacardioidesLagerstroemia speciesChilopsis linearisPrunus caroliniana'Krauter Vesuvius'Cupania TreeCrape MyrtleDesert WillowKrauter VesuviusPurple Leaf PlumVILLAGE PARKWAYCercidium x "Desert Museum'Desert Museum Palo VerdeAnigozanthos 'Regal Velvet'Regal Velvet Kangaroo Paw 4.25 LF7.2 LFUP17RUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF 4.25 LF7.2 LF UP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF 3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17R 4.25 LF7.2 LF UP17RDARSEY 1145.08 LF6.05 LF 5.8 LF 3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF UP17RDARSEY 114 5.0 8 L F 6.05 LF 5.8 LF 3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF 7.3 3 L F 4.2 5 L F 7.2 LF UP17RUP17R4.25 LF7.2 LF UP17RDARSEY 114 5.08 LF6.05 LF 5.8 LF 3.5 LF3.92 LF6.8 LF6 LF 3.67 LF4.05 LF7.33 LF4.25 LF 7.2 LF UP17RDARSEY 1145.08 LF6.05 LF5.8 LF 3.5 LF 3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF 3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF 3.5 LF 3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF7.2 LF UP17RDARS E Y 1 1 45.08 LF6.05 LF5.8 LF 3.5 L F 3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDARS E Y 1 1 45.08 LF6.05 LF5.8 L F 3. 5 L F 3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF7.2 LFUP 17R DARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF7.2 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP17R4.25 LF7.2 LFUP17R4.25 LF7.2 LFUP17RUP17RUP17R 4.25 LF7.2 LFUP17RUP 17R 4.25 LF7.2 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF 6 LF3.67 LF 4.05 LF7.33 LF4.25 LF7.2 LFUP17RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP 17R DARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3.92 LF 6.8 LF6 LF3.67 LF4.05 LF7.33 LFUP 17R DARSEY 1145.08 LF 6.05 LF 5.8 LF3.5 LF3.92 LF6.8 LF6 LF 3.67 LF4.05 LF 7.33 LF DARSEY 1145.08 LF 6.05 LF5.8 LF3.5 LF3.92 LF6.8 LF6 LF 3.67 LF4.05 LF 7.33 LF4.25 LF7.2 LFUP17RUP17R4.25 LF7.2 LFUP17RUP17R4.2 5 L F 7.2 LFUP17 RDARSEY 1145.08 LF6.05 LF5.8 LF3.5 LF3. 9 2 L F 6.8 LF6 LF3.67 LF 4.05 LF7.33 LFUP17R4.25 LF7.2 LFUP17R4.25 LF 7.2 LFUP17R UP 17R 4.25 LF 7.2 LFUP 17R UP 17RUP17R 6 LF6 LF6 LF6 LF6 LF6 LF 6 LF6 LF6 LF6 LF6 LF6 LF6 LF 6 LF 6 LFROYAL ABERDEENBRAEMARTU R N H O U S E STIRL I N G ROYAL ABERDEENVILLAGE PARKWAY1750 E DEERE AVE, SANTA ANA, CA 92705O 949.250.4822 www.landconcern.comL-2CalAtlantic HomesSummerly - Monarch Tract 11Lake Elsinore, CAConceptual Fence and Wall PlanNovember 4, 2016FENCE AND WALL NOTEPERIMETER AND SIDE YARD FENCE AND WALLS TO BEMAINTAINED BY THE H.O.A. REFER TO SUMMERLY TRACT 11 SIDEYARD LANDSCAPE PLANS AND SUMMERLY PHASE DDA-CLANDSCAPE PLANS PREPARED BY LAND CONCERN.408020SCALE: 1" = 40'0N.T.S.KEY MAPD I A M O N D D R I V ESUMMERLY PL.VILLAGE PKWYHIDDEN TRAILPROJECT SITEMASTER INSTALLED FENCE ANDWALL SCHEDULESYMBOLDESCRIPTION/ MATERIAL6'-0" HIGH SPLIT FACE WALL W/PRECISION CAP.3'-0" HIGH SPLIT FACE WALL W/PRECISION CAP.6'-0" HIGH STONE WALL W/ ELDORADOCAP.CONCRETE MOW CURB6'-0" T.S. VIEW FENCE WITH CONCRETEMOW CURB6'-8" HIGH SPLIT FACE PILASTER W/PRECAST CAP.3'-8" HIGH SPLIT FACE PILASTER W/PRECAST CAP.6'-8" HIGH STONE PILASTER W/ELDORADO CAP.*NOTE:3'-0" CORNER LOT SETBACK FROMR.O.W. TO FACE OF WALL PERSUMMERLY DESIGN GUIDELINES.*NOTE:REFERENCE ENGINEERING PLANS FORALL RETAINING WALLSNOTE: REINFORCE AND GROUT PER STRUCTURAL ENGINEER'SDETAILS AND CALCULATIONS. CONTRACTOR RESPONSIBLEFOR QUANTITIES.FENCE AND WALL SCHEDULESYMBOLDESCRIPTION/ MATERIAL6'-0" HIGH SPLIT FACE WALL W/PRECISION CAP.6'-0" HIGH WOOD SIDE YARD FENCE3'-0" WIDE WOOD GATE: TO MATCHARCHITECTURAL STYLENOTE: REINFORCE AND GROUT PER STRUCTURAL ENGINEER'SDETAILS AND CALCULATIONS. CONTRACTOR RESPONSIBLEFOR QUANTITIES.ELEVATION5'-10" MIN.F.G.6'-0" MAX. OVERALL T.O.C.NOTE: BLOCK WALL TO HAVESPLIT-FACE ON COMMON SIDE ONLY.NOTE: FOR CONCRETEFOOTING SIZE, AND RENFORCEMENT,REFER TO STRUCTURAL ENG.'SDETAILS AND CALCULATIONS.8"X2"X16" SAND COLORED PRECISIONBLOCK CAP. AVAILABLE FROM RCP BLOCKCOMPANY. CONTACT JENNIFER KELLEY(951)677-1489. CAP MORTAR COLOR TOBE DAVIS COLOR® TRUE TONE #5447(1LB/94LBS OF CEMENT).6"X8"X16" SPLIT FACE BLOCK.COLOR TO BE OTAY RANCH BROWN.AVAILABLE FROM RCP BLOCKCOMPANY. CONTACT JENNIFERKELLEY. (951) 677-1489. MORTARCOLOR TO MATCH BLOCK.6'-0" HIGH SPLIT FACEWALL W/ PRECISION CAP2X4 TOP CAP2X4 TOP AND BOTTOM RAIL.CEDAR OR REDWOOD4X4 PRESSURE TREATED WOOD8'-0" O.C. MAX.1X6 TONGUE AND GROOVECEDAR OR REDWOODNOTE:ALL WOOD TO BE S4S KILN DRIED.UNLESS OTHERWISE NOTED.PAINT FOR WOOD TO BE BASED PRIMER...TOPCOAT W/ PREMIUM WATER-BASED LATEXENAMEL. WOOD OR VINYL COLORS TO BEAPPROVED BY R.M.V.WHEN ADJACENT TO H.O.A. MAINTAINED AREAS,MATERIALS MUST BE MASONRY AND/ORTUBULAR STEEL.POSTS SHALL NOT BE CONNECTED TO PILASTERS/ WALLS WHERE OCCURS. GAP BETWEENPILASTER / WALLS SHALL BE 1" MIN.6'-0" MAX 6'-0" MAX.1X4 MID-RAIL.CEDAR OR REDWOOD12" X 4" TOP ANDBOTTOM RAIL2X4 TOP AND BOTTOM RAIL.CEDAR OR REDWOOD2X4 VERTICAL BOLTED UPRIGHT.CEDAR OR REDWOODF.G.F.G.F.G.TYPICALWOOD FENCEGENERAL NOTES1. ALL WOOD MEMBERS SHALL BE RESAWNCEDAR.2. CONTRACTORS SHALL USEGALVANIZED NAILS THROUGHOUT.3. ANY ATTACHEMENTS TO HOUSE SHALLBE MADE WITH 3/8" DIAMETERLAG SCREWS AT STUD OR 1/4" DIAMETERTOGGLE BOLTS AT SIDING.4. ALL GATES SHALL BE PROVIDED WITHSELF CLOSING AND SELF LATCHINGDEVICES.5. ALL HINGES ARE TO BE HEAVY-DUTYSELF CLOSING.GateWood(24).dwgGRAVITY LATCH1X6 BOARD ON BOARD WITH1" OVERLAP2X4 CROSS BRACEGALVANIZED BUTT HINGES2X442" +/-SPLIT FACE WALL WITHPRECISION CAP.WEDGE BOLTS (3)PER SIDE1X4 TRIM BOARD(TOP AND BOTTOM)1X4 TRIM BOARD (TOPAND BOTTOM)F.S.WOOD GATESCALE: 1/2"=1'-0" (24)SCALE: 3/4"=1'-0" (16)SCALE: 1/2"=1'-0" (FCTR24) UP17RDARSEY 1145.08 LF6.05 LF5.8 LF 3.5 LF 3.92 LF6.8 LF6 LF3.67 LF4.05 LF7.33 LF4.25 LF7.2 LF UP17R6 LFPLAN 2CRAFTSMANPLAN 1SPANISHPLAN 3TUSCAN1750 E DEERE AVE, SANTA ANA, CA 92705O 949.250.4822 www.landconcern.comL-3CalAtlantic HomesSummerly - Monarch Tract 11Lake Elsinore, CATypical Front YardsNovember 4, 2016N.T.S.KEY MAPD I A M O N D D R I V ESUMMERLY PL.VILLAGE PKWYHIDDEN TRAILPROJECT SITE4SCALE: 1/8" = 1'-0"0816SPANISH PLANT PALETTESHRUBSBOTANICAL NAMECOMMON NAMESIZEO.C. SPACINGAccentAgave americana 'Variegata'Variegated Century Plant15 gal.6 ft.AccentAgave americanaAmerican Century Plant15 gal.6 ft.AccentAgave desmetiana 'Variegata'Variegated Smooth Agave5 gal.2.5 ft.Accent /MidgroundAnigozanthos 'Regal Velvet'Regal Velvet Kangaroo Paw5 gal.1.5 ft.Forground /MidgroundBulbine frutescens 'Tiny Tnagerine'Tangerine Stalked Bulbine1 gal.2.5 ft.MidgroundCallistemon 'Little John'Dwarf Bottlebrush5 gal.2.5 ft.MidgroundDietes 'Orange Drop'Orange Drop Fortnight Lily1 gal.4 ft.BackgroundLeucophyllum frutescens'Compacta'Compact Texas Ranger5 gal.4 ft.Forground /MidgroundLantana 'New Gold'New Gold Lantana1 gal.2.5 ft.BackgroundLigustrum japonicumJapanese Privet5 gal.3 ft.Upright Accent /BackgroundPodocarpus macrophyllus 'MakiShrubby Yew Pine15 Gal.4 ft.Forground /MidgroundRosa 'Flower Carpet' (Red)Carpet Rose2 gal.3 ft.Midground /Background /AccentRosa iceberg 'White'White Shrub Rose5 Gal.3 ft.ForegroundRosmarinus officinalis 'HuntingtonCarpet'Rosemary1 gal.3 ft.Midground /Background /AccentTecoma x 'Sierra Apricot'Sierra Apricot Esperanza5 Gal.3 ft.ForegroundTeucrium chamaedrysGermander1 Gal.2 ft.BackgrouindXylosma congestum 'Compactum'Shiny Xylosma5 gal.5 ft.TREESEvergreenVertical TreeArbutus unedoStrawberry Tree24" BoxPer PlanAccent TreeChilopsis linearis 'Burgundy'Burgundy Desert Willow24" BoxPer PlanAccent TreeLagerstroemia speciesCrape Myrtle24" BoxPer PlanEvergreenVertical TreePodocarpus graciliorFern Pine24" BosPer PlanAccent TreePalo verdo 'Desert Museum'Desert Museum Palo Verde24" BoxPer PlanTuscan Plant PaletteBOTANICAL NAMECOMMON NAMESIZEO.C. SPACINGAccentAgave americana 'Variegata'Variegated Century Plant15 gal.6 ft.AccentAgave americanaAmerican Century Plant15 gal.6 ft.AccentAgave desmetiana 'Variegata'Variegated Smooth Agave5 gal.2.5 ft.Accent /MidgroundAnigozanthos 'Regal Velvet'Regal Velvet Kangaroo Paw5 gal.1.5 ft.Forground /MidgroundBulbine frutescens 'Tiny Tnagerine'Tangerine Stalked Bulbine1 gal.2.5 ft.MidgroundCallistemon 'Little John'Dwarf Bottlebrush5 gal.2.5 ft.MidgroundDietes 'Orange Drop'Orange Drop Fortnight Lily1 gal.4 ft.ForgroundFestuca maireiAtlas Fescue1 gal.24 in.BackgroundLeucophyllum frutescens'Compacta'Compact Texas Ranger5 gal.4 ft.Forground /MidgroundLantana 'New Gold'New Gold Lantana1 gal.2.5 ft.BackgroundLigustrum japonicumJapanese Privet5 gal.3 ft.Midground /AccentMuhlenbergia capillaris 'Regal Mist'Regal Mist Muhly Grass5 gal.3 ft.MidgroundPennisetum messiacumRed Bunny Tails1 gal.2.5 ft.MidgroundPennisetum spathiolatumSlender Veldt Grass1 Gal.2.5 ft.Forground /MidgroundRosa 'Flower Carpet' (Red)Carpet Rose2 gal.3 ft.Midground /Background /AccentRosa iceberg 'White'White Shrub Rose5 Gal.3 ft.ForegroundRosmarinus officinalis 'HuntingtonCarpet'Rosemary1 gal.3 ft.ForegroundTeucrium chamaedrysGermander1 Gal.2 ft.TREESEvergreenVertical TreeArbutus unedoStrawberry Tree24" BoxPer PlanAccent TreeLagerstroemia speciesCrape Myrtle24" BoxPer PlanEvergreenVertical TreePittosporum tenuifolium 'SilverSheen' Tree formKohuhu24" BoxPer PlanAccentPrunus caroliniana 'KrauterVesuvius'Krauter Vesuvius Purple LeafPlum24" BoxPer PlanCraftsman Plant PaletteBOTANICAL NAMECOMMON NAMESIZEO.C. SPACINGMidgroundCallistemon 'Little John'Dwarf Bottlebrush5 gal.2.5 ft.MidgroundDietes 'Orange Drop'Orange Drop Fortnight Lily1 gal.4 ft.ForgroundFestuca maireiAtlas Fescue1 gal.24 in.BackgroundLeucophyllum frutescens'Compacta'Compact Texas Ranger5 gal.4 ft.Forground /MidgroundLantana 'New Gold'New Gold Lantana1 gal.2.5 ft.BackgroundLigustrum japonicumJapanese Privet5 gal.3 ft.Background/AccentMiscanthus sinensis 'Morning Light'Maiden Grass1 Gal.4 ft.Midground /AccentMuhlenbergia capillaris 'Regal Mist'Regal Mist Muhly Grass5 gal.3 ft.MidgroundPennisetum messiacumRed Bunny Tails1 gal.2.5 ft.MidgroundPennisetum spathiolatumSlender Veldt Grass1 Gal.2.5 ft.Upright Accent /BackgroundPodocarpus macrophyllus 'MakiShrubby Yew Pine15 Gal.4 ft.Forground /MidgroundRosa 'Flower Carpet' (Red)Carpet Rose2 gal.3 ft.Midground /Background /AccentRosa iceberg 'White'White Shrub Rose5 Gal.3 ft.ForegroundRosmarinus officinalis 'HuntingtonCarpet'Rosemary1 gal.3 ft.Midground /Background /AccentTecoma x 'Sierra Apricot'Sierra Apricot Esperanza5 Gal.3 ft.BackgrouindXylosma congestum 'Compactum'Shiny Xylosma5 gal.5 ft.TREESEvergreenVertical TreeArbutus unedoStrawberry Tree24" BoxPer PlanAccentCupaniopsis anacardioidesCupania Tree24" BoxPer PlanEvergreenVertical TreeElaeocarpus decipensJapanese Blueberry Tree2" BoxPer PlanAccent TreeLagerstroemia speciesCrape Myrtle24" BoxPer PlanTREE LEGENDSTREET TREE: MINIMUM 24" BOXEVERGREEN VERTICAL TREE / ACCENT TREE(FRONT YARD) MINIMUM 24" BOXPodocarpus graciliorFern ineRhus lanceaAfrican sumacSHRUB LEGENDBACKGROUND SHRUBSMID-GROUND / BACKGROUND SHRUBSUPRIGHT BACKGROUND / ACCENT SHRUBSACCENT SHRUBSFOREGROUND SHRUBS Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-073 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council Agenda Number: 8) Page 1 City of Lake Elsinore Printed on 2/9/2017 Report to City Council To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Jason Simpson, Assistant City Manager Date:February 14, 2017 Subject:Three-Year Agreement with Environmental Systems Research Institute (ESRI) for Geographic Information System (GIS) to an Enterprise Software License Agreement Recommendation Authorize the City Manager to execute the agreement on an unlimited basis including maintenance for the firm, three-year commitment in the annual amount of $50,500, totaling $151,500.00. Background and Discussion The City of Lake Elsinore has been using ArcGIS products from Environmental Systems Research Institute, Inc. (ESRI) to manage its GIS service needs since 2006. These products consist of desktop applications, which provide one user with the ability to create, edit and publish maps, as well as limited, online storage of published content. This enables the City to provide useful, though limited maps and associated statistical content to its staff and its citizens. These ArcGIS products require the City to pay an annual maintenance fee of roughly $26,000 dollars for their continued use. This fee also provides for ten thousand online service credits from ESRI, which enable the City to publish a limited amount of cloud-based, online content to the ESRI servers. The cost to create and publish content to the ESRI servers fluctuates, depending on factors such as the amount and types of the content published. For this reason, it has become difficult to satisfy the needs of all of the various departments / systems that rely on the published GIS data, making it advantageous for the City to upgrade its current GIS environment. Licensing new ArcGIS products from ESRI will enable the city to host its own GIS environment in-house, thus, reducing the need to rely on ESRI for this hosting service. The City has encountered a number of obstacles to its recent EnerGov, land management software system implementation related to the limitations inherent in our current GIS environment, which is unable to generate the content needed in a timely manner, nor do we have the sufficient service credits to store that content for staff and public consumption. The City currently has a limited number of licenses for ArcGIS products, which are loaded onto one or more desktop computers. Authorized City staff can use these desktop products to produce new content or edit existing maps, as well as perform statistical analysis on its geodata but all content produced by staff is stored on ESRI servers. The City pays ESRI in “service credits” to store its content, as well as perform any sort of statistical analysis against stored content hosted by ESRI in the cloud. ESRI License Agreement February 14, 2017 Page 2 ESRI charges ten cents ($0.10) for each service credit. The City receives ten thousand service credits with its annual software maintenance renewal. These credits expire at the end of the year if they are not used. Much of the desired GIS work remains incomplete because staff have been trying to minimize unexpected, additional charges. This has had a direct impact on the City’s ability to serve timely, relevant GIS data to the EnerGov land management system and city customers. City staff, along with GIS consultants, recently met with the account services team from ESRI, in order to identify all of the GIS options available to the City. We recommend the ArcGIS, Small Government Enterprise Option, which would enable the city to satisfy its immediate GIS needs, as well as to provide for their expected long-term growth. In order to facilitate this change, the City will need to restructure the manner in which it utilizes the ArcGIS products. The City should license an Enterprise version of the ArcGIS software, which will enable the City to host its own GIS environment in-house, on its own servers and in its own network environment. This will eliminate the need to publish data to the ESRI servers for the City’s everyday GIS use. By hosting its own GIS environment, it will enable the City to control its own GIS destiny, fix the costs for all GIS utilization and provide far more usable content in a timelier manner to its staff and citizens. The ArcGIS Small Government Enterprise Agreement option includes licensing for an unlimited number of server instances, along with five hundred user licenses. ArcGIS Online is a cloud- based repository for any content that needs publishing for wider consumption. It also includes a host of applications for publishing maps and performing analytical analysis of geodata. Fiscal Impact The Information Systems Internal Services Fund has funding available for the $151,500 to implement this agreement for the three-year period. Exhibits A. ESRI License Agreement January 20, 2017 Jason Simpson City of Lake Elsinore 130 S Main St Lake Elsinore, CA 92530 Dear Mr. Simpson, The Esri Small Municipal and County Government Enterprise License Agreement (ELA) is a three‐year agreement that will grant your organization access to Esri® term license software on an unlimited basis including maintenance on all software offered through the ELA for the term of the agreement. The ELA will be effective on the date executed and will require a firm, three‐year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply geographic information system (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an enterprise license agreement. An ELA will provide your organization with numerous benefits including:  A lower cost per unit for licensed software  Substantially reduced administrative and procurement expenses  Maintenance on all Esri software deployed under this agreement  Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply:  All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the ELA.  If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the ELA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.  The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.  The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the ELA who may directly contact Esri for Tier 2 technical support.  The organization will provide an annual report of installed Esri software to Esri. Small Government ELA 2  Esri software and updates that the organization is licensed to use will be automatically available for downloading.  The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri software and services.  The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government ELA terms and conditions.  Licenses are valid for the term of the ELA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this ELA offer: 1. Sign and return the whole agreement per the instructions in the terms and conditions. 2. On the first page of the ELA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-ELA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Elizabeth Stowe (19,5210(17$/6<67(065(6($5&+,167,787(,1& 1HZ<RUN6WUHHW 5HGODQGV&$ 3KRQH)D[ '8161XPEHU&$*(&RGH$06 Quotation # 20500915 Date: Customer # 1443 Contract # &LW\RI/DNH(OVLQRUH &RPPXQLW\'HYHORSPHQW 60DLQ6W /DNH(OVLQRUH&$ $77(17,21-DVRQ6LPSVRQ 3+21( )$; 7RH[SHGLWH\RXURUGHUSOHDVHDWWDFKDFRS\RI WKLVTXRWDWLRQWR\RXUSXUFKDVHRUGHU 4XRWHLVYDOLGIURP7R January 20, 2017 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 This offer is limited to the terms and conditions incorporated and attached herein.STOWEE For questions contact:Elizabeth Stowe Email:estowe@esri.com Phone:(909) 793-2853 x5313 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. 150505 1 Year 3 - Esri Business Analyst Online Level 1 Plan (for use with ArcGIS Online) Additional User 5 Pack Term License 500.00 500.00 150505 1 Year 2 - Esri Business Analyst Online Level 1 Plan (for use with ArcGIS Online) Additional User 5 Pack Term License 500.00 500.00 110037 1 Year 3 - Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 50,000.00 50,000.00 110037 1 Year 2 - Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 50,000.00 50,000.00 110037 1 Year 1 - Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 50,000.00 50,000.00 150505 1 Year 1 - Esri Business Analyst Online Level 1 Plan (for use with ArcGIS Online) Additional User 5 Pack Term License 500.00 500.00 Item Total:151,500.00 Material Qty Description Unit Price Total Estimated Shipping & Handling(Surface Delivery) :0.00 Contract Pricing Adjust:0.00 Subtotal:151,500.00 Sales Tax:0.00 Total:$151,500.00 (19,5210(17$/6<67(065(6($5&+,167,787(,1& 1HZ<RUN6WUHHW 5HGODQGV&$ 3KRQH)D[ '8161XPEHU&$*(&RGH$06 Quotation # 20500915 Date: Customer # 1443 Contract # &LW\RI/DNH(OVLQRUH &RPPXQLW\'HYHORSPHQW 60DLQ6W /DNH(OVLQRUH&$ $77(17,21-DVRQ6LPSVRQ 3+21( )$; 7RH[SHGLWH\RXURUGHUSOHDVHDWWDFKDFRS\RI WKLVTXRWDWLRQWR\RXUSXUFKDVHRUGHU 4XRWHLVYDOLGIURP7R January 20, 2017 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 This offer is limited to the terms and conditions incorporated and attached herein.STOWEE For questions contact:Elizabeth Stowe Email:estowe@esri.com Phone:(909) 793-2853 x5313 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program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ignature of Authorized Representative Name (Please Print) Title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ate Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 Page 1 of 5 11/04/2016 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-3) This Agreement is by and between the organization identified in the Quotation ("Licensee") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the U nited States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Optional Server ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Annual Subscription to Esri Developer Network (EDN) Standard* Two (2) Esri CityEngine Advanced Single Use Licenses 250 Level 1 ArcGIS Online Named Users 250 Level 2 ArcGIS Online Named Users 37,500 ArcGIS Online Service Credits 250 Level 1 ArcGIS Enterprise Named Users 250 Level 2 ArcGIS Enterprise Named Users 5 Insights for ArcGIS OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested** 2 Self-Paced e-Learning Uncapped Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) *Maintenance is not provided for these items **Additional sets of backup media may be purchased for a fee Page 2 of 5 11/04/2016 Licensee may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of Licensee's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Licensee) By: Authorized Signature Printed Name: Title: Date: LICENSEE CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Page 3 of 5 11/04/2016 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Licensee's organization(s). "Fee" means the fee set forth in the Quotation. "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "License Agreement" means the applicable license agreement for Esri Products incorporated by this reference that is (i) found at http://www.esri.com/legal/software -license and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri license agreement that supersedes such electronically acknowledged license agreement. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Licensee during the Term of Agreement. "Product(s)" means the products identified in Table A— List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Licensee. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Licensee's point of contact(s) to provide all Tier 1 Support within Licensee's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. Licensee will receive Tier 2 Support from Esri. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the term provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 2.2 Consultant Access. Esri grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited. Licensee may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third- party computers or remove Software or Data from Licensee locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Licensee. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Licensee is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Licensee an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate on expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government-owned entities, either party may terminate this Agreement before any subsequent year if Licensee is unable to secure funding through the legislative or governing body's approval process. Page 4 of 5 11/04/2016 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Licensee. Licensee may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Licensee via written notice for incorporation into the Products schedule at no additional charge. Licensee 's use of new or updated Products requires Licensee to adhere to applicable additional or revised terms and conditions of the License Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at http://support.esri.com/en/content /productlifecycles. Updates for Products in the mature and retired phases may not be available. Licensee may continue to use Products already Deployed during the Term of Agreement, but Licensee will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at http://www.esri.com/legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Licensee may acquire maintenance for other Software outside this Agreement. a.Tier 1 Support 1.Licensee will provide Tier 1 Support through the Tier 1 Help Desk to all Licensee's authorized users. 2.The Tier 1 Help Desk will be fully trained in the Products. 3.At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4.The Tier 1 Help Desk will be the initial points of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. The Tier 1 Help Desk may also use any other information and databases that may be developed to satisfactorily resolve the Case. 5.If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Licensee. 6.Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Licensee may change the Tier 1 Help Desk individuals by written notice to Esri. b.Tier 2 Support 1.Tier 2 Support will log the calls received from Tier 1 Help Desk. 2.Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3.Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4.Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5.When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). Page 5 of 5 11/04/2016 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Licensee 's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Licensee will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Licensee will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Licensee will provide Esri with a written report detailing all Deployments. Upon request, Licensee will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a.Upon the Effective Date, Esri will invoice Licensee and provide Authorization Codes to activate the nondestructive copy protection program that enables Licensee to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee thirty (30) calendar days before the annual anniversary date for each additional year. b.Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95-2775-732. c.If requested, Esri will ship backup media to the ship- to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Licensee acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Licensee will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Licensee to issue a purchase order. Licensee may submit a purchase order in accordance with its own process requirements, provided that if Licensee issues a purchase order, Licensee will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Licensee will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each additional year. a.All orders pertaining to this Agreement will be processed through Licensee's centralized point of contact. b.The following information will be included in each Ordering Document: (1) Licensee name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Licensee is a commercial entity, Licensee will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Licensee with or into another corporation or entity; (ii) Licensee's acquisition of another entity; or (iii) a transfer or sale of all or part of Licensee's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Licensee's organization, that portion of Licensee's organization will transfer the Products to Licensee or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Licensee will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-074 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council Agenda Number: 9) Page 1 City of Lake Elsinore Printed on 2/9/2017 Report to City Council To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Jason Simpson, Assistant City Manager Date:February 14, 2017 Subject:Agreement with Spicer Consulting Group, LLC (SCG) for Geographic Information System (GIS) for Consulting and Support Services Recommendation Authorize the City Manager to execute the agreement in the amount of $62,900. Background and Discussion The City is approximately two-thirds undeveloped and anticipating a major increase in building permit activity as the buildout of specific planned developments occurs. To help manage this buildout and support the City’s strategic initiative for service as part of its Vision Statement, the City has started implementing EnerGov, an enterprise permitting and land management system developed by Tyler Technologies and is upgrading its GIS servers with ESRI software. EnerGov relies on a GIS land-base which the system interfaces with to associate permitting and land management activities with the corresponding spatial features those activities occur on (e.g. parcels, addresses, etc.). Further, with the recent retirement of the City’s GIS Analyst, the City also has no current GIS staff and many GIS data layers remain stored in various formats and locations that have been developed and assembled over time from various projects. The City’s GIS environment needs to be setup so that the City can begin leveraging GIS to improve processes and support. To facilitate a well-developed and reliable integration with EnerGov, provide more widespread access to GIS services throughout the City, and ensure the City is best positioned to take full advantage of all EnerGov capabilities moving forward, the City needs to implement a new GIS design and data organization schema. SCG understands that the City will be purchasing a Small Government Enterprise License Agreement (SGELA) from ESRI to obtain the software needed to support its EnerGov rollout and its GIS expansion efforts. Under the SGEGLA, the City further intends to setup a new server on which it will install ArcGIS Enterprise (formerly ArcGIS Server) that will host a new enterprise geodatabase and a new data schema based on ESRI’s Local Government Information Model (LGIM). Once ArcGIS Enterprise is setup and the LGIM data schema is established, the City plans to migrate selected data from its older shapefile and geodatabase sources into the LGIM schema within the new enterprise geodatabase. The City also intends to implement a secure ArcGIS Online Organization to facilitate the organization of maps, services, and data throughout the city enterprise (separate agenda item with ESRI at the January 24, 2017 meeting). Following migration of data into the LGIM schema SCG, LLC Agreement February 14, 2017 Page 2 in its new enterprise geodatabase, the City will immediately publish a new map and feature services to its ArcGIS Organization account for sharing use by EnerGov and other City departments. SCG will help implement an enterprise geodatabase and ArcGIS Organization structure to support the EnerGov applications and implement additional maps, services and applications that support additional department functions and business processes will follow, based upon prioritization. SCF will be assisting with setting up the City’s GIS environment including the GIS Server, ArcGIS Online Organization accounts, and an administrative and editor workstation. Furthermore, SCG will also migrate data layers to the new ArcGIS Enterprise geodatabase that access ArcGIS Online Organization web applications and services that support the City’s EnerGov platform. Fiscal Impact The Information Systems Internal Services Fund has funding available for the $62,900 to implement this consulting and support services agreement. Exhibits A. Agreement B. Proposal (Appendix A to Agreement) Page 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND SCG, LLC FOR GEOGRAPHIC INFORMATION SYSTEM CONSULTING AND SUPPORT SERVICES This Agreement for Professional Services (the “Agreement”) is made and entered into as of February 14, 2017, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and SCG, LLC. ("Consultant"). RECITALS A.The City has determined that it requires the following professional services for all consulting and support services for geographic information systems (“GIS”), including: the setup of ArcGIS Enterprise Server and Enterprise Geodatabase, Setup Local Government Information Model Schema, Migrate Data Layers to LGIM Schema to Support EnerGov, Setup ArcGIS Online Organization Account and Users, Setup ArcGIS Online Map and Layer Services for EnerGov Integration, Migrate Additional Secondary Layers to LGIM Schema, and training and ongoing support to City staff. B.Consultant has submitted to City a proposal, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C.Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D.City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1.Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2.Time of Performance. a.Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b.Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Page 2 Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. c.Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue through June 30, 2018, unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. 3.Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Scope of Work (Exhibit A), which is attached hereto and incorporated herein by reference. Consultant’s initial compensation is sixty-two thousand nine hundred dollars and no cents ($62,900.00). Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4.Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5.Suspension or Termination. a.The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b.In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. 6.Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and Page 3 expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a.Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. b.Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7.Consultant’s Books and Records. a.Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b.Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c.Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. Page 4 d.Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 8.Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9.PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10.Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a.will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b.possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the Page 5 standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 12.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13.Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14.Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15.Insurance Requirements. a.Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i.Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with Page 6 the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii.General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii.Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. b.Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i.The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii.This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv.The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. Page 7 vi.The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d.Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to:City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant:SCG, LLC Attn: Shane Spicer 25220 Hancock Avenue, Suite 300 Murrieta, CA 92562 17.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any Page 8 contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 24.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27.Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service Page 9 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29.Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONSULTANT” SCG, LLC Shane Spicer, Managing Director Attachments: Exhibit A – Consultant’s Proposal EXHIBIT A CONSULTANT’S PROPOSAL Mr. Jason Simpson City of Lake Elsinore Page 1 January 24, 2017 Mr. Jason Simpson Director of Administrative Services City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: GIS Implementation Services Spicer Consulting Group, LLC (SCG) is pleased to present this proposal for GIS implementation services for the City of Lake Elsinore (City). This proposal represents our understanding of the City’s GIS needs with respect to supporting the implementation of EnerGov and the desire to expand access and use of GIS throughout the City. For this project, we have teamed with two experienced GIS professionals who are ESRI Silver Network Partners and Certified GIS professionals. Combined, they have nearly 40 years of experience with ESRI technology with specific experience implementing enterprise GIS technology for local agencies throughout Southern California. We are confident our team can design and build a GIS system that will meet the City’s immediate needs for EnerGov, and provide a solid foundation for the continued expansion of GIS technology throughout the City to support its growing development. Project Understanding The City of Lake Elsinore is an incorporated city in Western Riverside County, California. It was established as a city in 1888 along the shore of Lake Elsinore, a natural freshwater lake of approximately 3,000 acres. Since its inception, the City has grown from a small resort town to a rapidly growing urbanized area with a population of over 61,006 in 2016. Population change since the year 2000 has been 107.5%. The City is approximately two-thirds undeveloped and is anticipating a major increase in building permit activity as the buildout of specific planned developments occurs. To help manage this buildout and support the City’s strategic initiative for service as part of its Vision Statement, the City has started implementing EnerGov, an enterprise permitting and land management system developed by Tyler Technologies. EnerGov relies on a GIS land-base which the system interfaces with to associate permitting and land management activities with the corresponding spatial features those activities occur on (e.g. parcels, addresses, etc.). Further, with the recent retirement of the City’s GIS Analyst, the City also has no current GIS staff and many GIS data layers remain stored in various formats and locations that have been developed and assembled over time from various projects. The City’s GIS environment needs to be setup so that the City can begin leveraging GIS to improve processes and support. To help ensure that the City’s GIS system is set up to facilitate a well-developed and reliable integration with EnerGov, and ensure the City is best positioned to take full advantage of all EnerGov capabilities moving forward, the City desires to implement a new GIS design and data organization schema to better support its rollout of EnerGov and enable more widespread access to GIS information and GIS services throughout the City’s enterprise. SCG understands that the City will be purchasing a Small Government Enterprise License Agreement (SGELA) from ESRI to obtain the software needed to support its EnerGov rollout and its GIS expansion efforts. Under the SGEGLA, the City further intends to setup a new server on which it will install ArcGIS Enterprise (formerly ArcGIS Server) that will host a a new enterprise geodatabase and a new data schema based on ESRI’s Local Government Information Model (LGIM). Once ArcGIS Enterprise is setup and the LGIM data schema is established, the City plans to migrate selected data from its older shapefile and geodatabase sources into the LGIM schema within the new enterprise geodatabase. 25220 Hancock Avenue, Suite 300 ♦ Murrieta, CA 92562 ♦ 866.504.2067 ♦ www.spicercg.com Mr. Jason Simpson City of Lake Elsinore Page 2 We also understand that the City also intends to implement a secure ArcGIS Online Organization to facilitate the organization of maps, services, and data throughout the city enterprise. Following migration of data into the LGIM schema in its new enterprise geodatabase, the City intends to develop and publish new map and feature services to its ArcGIS Organization account for sharing use by EnerGov and other City departments. We further understand that the City’s immediate need is to implement an enterprise geodatabase and ArcGIS Organization structure to support its existing EnerGov applications. Subsequent additional maps, services and applications that support additional department functions and business processes will follow, as they are prioritized. We understand that the City’s IT department will establish a new virtual server to host the pending ArcGIS Enterprise installation and geodatabase. The City will also reallocate their ArcGIS Desktop product licenses and setup one workstation for a GIS administrator and additional workstations for GIS editors. This proposal is for setting up the City’s GIS environment including the GIS Server, ArcGIS Online Organization accounts, and an administrative and editor workstation. SCG will also migrate data layers to the new ArcGIS Enterprise geodatabase that are needed to access ArcGIS Online Organization web applications and services that support the City’s EnerGov platform. Project Team Mr. Shane Spicer will serve as Account Manager. Shane has a strong technical and professional background with municipal agencies which make him well versed with the ability to serve the best interests of the City. Shane will be the day-to-day contact for City Staff, and be responsible for maintaining the project schedules, and will work with City Staff to ensure a successful outcome of this project from beginning to end. This will include a strict adherence to the project schedule that will be developed and maintained at the project’s onset. Mr. John Donoghue will serve as Lead Analyst and Liaison with ESRI. John is a certified GIS Professional, ESRI Partner Network Silver Member, and an ESRI Certified ArcGIS Desktop Professional with 17+ years’ experience providing integration, implementation, database design, and application development services and extensive experience applying GIS technologies in local, state, and tribal government; special districts, and other settings. He has also served the A/E/C industry leading GIS modeling for environmental impact analyses, conservation programs, and habitat conservation plans for many public, private and non-governmental organization projects throughout Southern California. In addition, he has lead GIS application development projects supporting airport noise mitigation projects in California and the eastern US. Mr. Bruce Miller will serve as Project Manager on the integration process. Bruce is the founder of Miller Spatial Services, LLC, and graduated with a B.S. degree in Environmental science from the University of California, Riverside. He is certified as a Geographic Information Systems Professional (GISP) with over 20 years of professional experience in GIS within the engineering industry providing GIS services to public agencies throughout California. Mr. Miller is an ESRI Silver Network Partner and a CityWorks Partner. He has Over 10 years of project management experience and has been responsible for directing complex mapping projects addressing logistical and technical concerns. Services include database development, administration and maintenance, map creation, needs assessment, implementation and integration. Mr. Jason Simpson City of Lake Elsinore Page 3 Scope of Work Based on our understanding of the project discussed above, SCG proposes to complete following scope of work: ♦ Setup ArcGIS Enterprise Server and Enterprise Geodatabase ♦ Setup Local Government Information Model Schema ♦ Migrate Data Layers to LGIM Schema to Support EnerGov ♦ Setup ArcGIS Online Organization Account and Users ♦ Setup ArcGIS Online Map and Layer Services for EnerGov Integration ♦ Migrate Additional Secondary Layers to LGIM Schema ♦ Training and Ongoing Support Task 1: Project Initiation In this task, SCG will hold a project kickoff meeting to confirm the project requirements and scope of work. This meeting will be held at the City and should include all staff that SCG will work with. Contact information and the technical details of the project will be documented. Deliverables: ♦ Meeting Notes ♦ Revised Scope of Work (if necessary) Task 2: Setup GIS Server In this task, SCG will work with the City to install and configure the following software on a new virtual machine the City establishes: Microsoft SQL Server ArcGIS Enterprise (formerly ArcGIS Server) version 10.4.x ArcGIS Desktop Advanced 10.4.x Please note: The City will need to provide SCG with access to ESRI licensing and ESRI and Microsoft software prior to starting this task. SCG can obtain the licensing and software for the City if the City’s customer information is provided. SCG can also be added as an Administrator through the myESRI.com website. In addition to the software being installed, SCG will also setup an enterprise geodatabase and configure the necessary permissions in SQL Server and ArcGIS Enterprise. Given the City’s requirements, SCG recommends that the City implement ESRI’s Local Government Information Model (LGIM) geodatabase schema to store enterprise GIS data within. This schema will allow the City to take advantage of a variety of ESRI application templates that are pre- configured to work with this model. SCG will load LGIM template into ArcGIS Enterprise to create the initial enterprise geodatabase. Deliverables: ♦ Install Microsoft SQL Server onto Virtual Server Provided by the City ♦ Install ArcGIS License Manager (If Needed) ♦ Install ArcGIS Desktop 10.4.X On Virtual Server for Administration ♦ Install and Configure ArcGIS Enterprise Server Version 10.4.X ♦ Install and Configure LGIM Schema into Enterprise Geodatabase ♦ Install ArcGIS Web Adaptor Task 3: Setup ArcGIS Online/Portal In this task, SCG will setup the City’s ArcGIS Online Organization account and users using ESRI’s recommended setup for Local Government. The ArcGIS Online Organization account will be the primary access point for City staff to access GIS information. SCG will configure one ArcGIS Online Web Application for use by the City as a general GIS Viewer. Mr. Jason Simpson City of Lake Elsinore Page 4 SCG will create a digital map in ArcMap that will be used to publish a general basemap for ArcGIS Online and a general GIS Viewer application. We will work with City staff to define the cartographic look of the map. A draft map will be reviewed with the City. The map will be revised based on feedback provided by the City. Once the map is approved by the City, map services will be created and published for access by ArcGIS Online. A Map Service is how ArcGIS Online will access the map. A geocoding service will also be setup. This service will be used to find an address or intersection on the map. Deliverables: ♦ ArcGIS Online Organization City Account Established ♦ User Accounts Configured ♦ Groups Configured ♦ Homepage Configured ♦ Map and Geocoding Services ♦ General GIS Viewer Web Application Task 4: Data Migration for EnerGov SCG will load existing GIS data needed to support EnerGov into the LGIM schema within the ArcGIS Enterprise geodatabase and will create the basemap dataset that will be used by EnerGov. It is anticipated that the required GIS data will be either data provided by the City or data that is freely available from the County of Riverside. SCG will compare the County parcels and centerlines to the imagery to verify that the County data is spatially suitable for use by the City as a basemap. Any City provided GIS data needing to be accessed within ArcGIS Online or EnerGov (via ArcGIS Online) will need to be converted to feature classes that will reside in the Enterprise Geodatabase. For initial EnerGov support, we propose to migrate the following data into the Enterprise Geodatabase: ♦ Parcels* ♦ Address Points ♦ Street Centerlines* ♦ City Boundaries * SCG will compare the Riverside County Parcels and Street Centerlines to the City’s imagery to verify that the spatial accuracy is suitable for the City’s basemap. If issues are found, SCG will coordinate discussions with Riverside County on the best process to get the County parcels updated to meet City’s needs. SCG will also develop new map and feature services for these layers in the City’s ArcGIS Online Organization account and collaborate with Matt Woods to reconfigure EnerGov to access the new map and feature services. Deliverables: ♦ County Parcel/Centerline Analysis Findings ♦ Load layers into LGIM schema that support Energov ♦ Publish layers to ArcGIS Online/Portal for EnerGov ♦ Collaboration with Matt Woods to reconfigure EnerGov Task 5: Additional Layer Migration In this task, SCG will collaborate with the City to determine additional layers, most beneficial to the City, for loading into the Enterprise Geodatabase. This will be accomplished through consultation with applicable City staff to determine layers needed to support prioritized business needs of various departments. Once the relevant layers are identified, SCG will migrate the layers to the Enterprise Geodatabase LGIM schema. Mr. Jason Simpson City of Lake Elsinore Page 5 The migration of existing data layers may require some level of data and attribute translation or reformatting to be properly imported into the LGIM schema. In these instances, SCG will collaborate with the City to ensure the translated data layer meets the City’s needs. In addition, layer consultation may reveal the need for data in the Enterprise Geodatabase that is not currently in a GIS format. Common examples of such data include paper maps, tabular lists, hardcopy descriptions of specific areas such as planning areas, Community Facilities District, special use zones, etc. In these instances, SCG will collaborate with the City to convert the data to a digital GIS layer that is suitable for loading into the LGIM geodatabase schema. Finally, SCG will publish any newly developed or reformatted layers into new and/or revised map and feature services to incorporate the new layers into the City’s ArcGIS Online Organization account. Deliverables: ♦ Layer Consultation Meeting Notes ♦ Report Listing Prioritization of Additional Layers ♦ Newly Developed GIS Layers (As Needed) ♦ Additions of Layers to City Enterprise Geodatabase ♦ Published Layers Added to ArcGIS Online Organization Account Task 6: Ongoing Support In this task, SCG will provide ongoing technical services related to the implementation of the City’s ESRI GIS solutions. This work will be performed on a task order basis, and SCG will provide a written estimate of hours and costs prior to starting any work under this task. Work will not start until the City has authorized the work. Activities that may be performed under this task are described below. ♦ Provide Ongoing GIS Support Services as Needed ♦ Setup and Configuration of New Map and Feature Services in ArcGIS Organization Account ♦ Installation and Configuration of Mobile and Web Application Templates ♦ GIS Data Collection ♦ GIS Map Production ♦ GIS Data Development or Conversion ♦ GIS Data Editing and Updates ♦ Data Migration of Additional Data into Enterprise Geodatabase ♦ GIS Integration with Other City Systems ♦ Other Technical Services as Requested Proposed Schedule Weeks Task 1 2 3 4 5 6 7+ Task 1: Project Initiation Task 2: Setup GIS Server Task 3: Setup ArcGIS Online/Portal Task 4: Data Migration for EnerGov Proposed Fee Schedule We propose Tasks 1 thru 4 on a Fixed Fee budget of $34,900. Due to the uncertain and highly variable level of effort that may be involved in migrating existing GIS data from its current formats and/or converting non-GIS data into GIS data that can to be loaded into a precisely defined Enterprise Geodatabase schema, we are unable to provide fixed Mr. Jason Simpson City of Lake Elsinore Page 6 cost estimates for Tasks 5 and 6. We propose to bill these tasks at the rates listed below, on a time and material basis, based on an authorized budget to be determined in consultation with the City. Description Fixed Fee Task 1: Project Initiation $3,700 Task 2: Setup GIS Server $2,300 Task 3: Setup ArcGIS Online/Portal $3,700 Task 4: Data Migration for EnerGov $25,200 Total $34,900 Description Fee Task 5: Additional Layer Migration Time and Materials Task 6: Ongoing Support Time and Materials Hourly Rates Title Rate Principal $150 Senior Associate $133 Associate $115 Programmer $ 98 Analyst $ 86 Technician $ 60 Mileage Mileage will be billed at the 2017 IRS Standard Mileage Rate of $0.535 per mile. For the services performed related to the projects which are not listed herein, compensation shall be at the hourly rates set forth, together with reimbursement, at cost, for incidental expenses incurred in connection with such services, together with reimbursement for outside services at cost plus 15%. We have enjoyed working with the City in the past and look forward to continuing our long-standing relationship. If you have any questions regarding our proposal, or if additional information is needed, please contact our office at (951) 520-3331. Sincerely, Shane Spicer cc: Matt Woods, City of Lake Elsinore Melissa Bellitire, Spicer Consulting Group Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-075 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council Agenda Number: 10) Page 1 City of Lake Elsinore Printed on 2/9/2017 Report to City Council To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Jason Simpson, Assistant City Manager Date:February 14, 2017 Subject:Agreement with Albert A. Webb (Webb) for Engineering Services on the Downtown Parking Lot Project Recommendation Authorize the City Manager to execute an agreement with Albert A. Webb Associates (“Webb”) in the amount of $72,556 for engineering and design services for the Downtown Parking Project. Background and Discussion The City of Lake Elsinore is seeking an all-inclusive engineering design and bid package for the proposed parking lot development. The City of Lake Elsinore is proposing to improve the vacant parcels located southeasterly of Main Street and Heald Avenue for the Downtown Parking Lot. The area proposed for development is as follows: Webb Engineering Services Agreement February 14, 2017 Page 2 The area to be developed is located between Heald Avenue and Peck Street, south of Main Street. Currently this site is vacant land, with power poles and an easement running across the lot, which serves as unimproved overflow parking for meetings and events held in the Cultural Center and downtown activities. The project includes improving the area with a lighted asphalt parking lot. Webb will prepare preliminary layout studies and associated construction costs for the design options, assist the City in selecting a conceptual design to meet the demand for the parking spaces and may be beneficial for the other functions in the downtown area. Previously, the project site had a building near Main Street utilized as shop but the building was demolished in 2011. Webb will perform a phase I Environmental Site Assessment (ESA) to provide information of current and past site use with regard to the presence of hazardous materials, generation of hazardous waste, and the presence of off-site contamination sources. Based upon preliminary research and experience with CEQA, city staff believes that the project is categorically exempt from CEQA. Webb will prepare a Notice of Exemption (NOE) for the City to review and file with the Riverside County Clerk. This project site has approximately 1.6 acres of land. The estimated paved area will be about eighty percent of the site. The proposed paved area will far exceed the 5,000 SF thresholds set forth for requiring a site specific WQMP. This project is a Priority Development Project and a Project-Specific WQMP will be required. The Project shall implement Low Impact Development (LID) BMPs to the maximum extent practicable (MEP) in order to reduce the discharge of pollutants to Lake Elsinore. An infiltration trench or a Bio-Retention Facility will likely be located on the low point of the site, on the northeasterly corner of Main Street and Heald Avenue. Services also include Infiltration testing and a geotechnical review of the site; the resulting infiltration rate will dictate the final LID BMPs selections. Landscape and Irrigation of the site will be simple and consistent with the current Main Street landscape and planting theme. Perimeter walls along the property easterly boundary will be designed to provide a barrier between the parking lot and the existing residential neighborhood. Fiscal Impact The FY2016-17 Capital Improvement Plan – City Parking Facility #Z20017 includes $72,556 in funding for engineering services from Fund 116 City Hall/Public Works DIF. Exhibits A. Agreement B. Proposal (Appendix A to Agreement) 1 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the “Agreement”) is made and entered into as of the 14Tth day of February, 2017, by and between the City of Lake Elsinore, a municipal corporation (''City") and Albert A. Webb Associates ("Consultant"). RECITALS A.City desires to retain Consultant to perform engineering services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B.Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1.Scope of Services. Consultant shall perform the services described on Exhibit A, which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2.Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A) or for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years. 3.Compensation. Compensation to be paid to Consultant shall be in accordance with the charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $72,556.00 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4.Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5.Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work, which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 2 6.Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7.Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a.Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data") except for Consultant’s WebbSTAR proprietary software. Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b.Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3 8.Consultant's Books and Records. a.Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b.Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c.Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d.Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9.Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits, which accrue, to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10.Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) 4 11.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13.Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), to the extent arising out of the negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15.Insurance Requirements. a.Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i.Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. ii.General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the 5 general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii.Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv.Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b.Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i.The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii.This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv.The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi.The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. 6 d.Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant:Albert A Webb Associates Dilesh R. Sheth, PE/TE - VP 3788 McCray Street Riverside, California 92506 17.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 7 22.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23.Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27.Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 8 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: By:By: Grant Yates, City Manager Dilesh Sheth, PE/TE Vice President APPROVED AS TO FORM: Barbara Leibold, City Attorney ATTEST: Susan M. Domen, City Clerk, MMC Attachments: Exhibit A - Scope of Services – Consultant Proposal EXHIBIT "A" SCOPE OF SERVICES Consultant Proposal 012348 January 23, 2017 Mr. Jason Simpson Assistant City Manager CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 RE: Proposal for Engineering Services for the Cultural Center Parking Lot Improvement, City of Lake Elsinore Dear Jason, Albert A. WEBB Associates is pleased to provide you with this proposal to prepare engineering design and technical specs for the Cultural Center parking lot for the City of Lake Elsinore. Exhibit “A” which includes our Project Understanding; Exhibit B - Scope of Services and Compensation Schedule Exhibit “C” is attached for your review and consideration. If you find this proposal acceptable, please contact us to discuss a formal contract. We appreciate this opportunity to be of service to the City and look forward to bringing this project to fruition. If you have any questions regarding this proposal, please contact me at Phone (951) 686-1070. Sincerely, A LBERT A. WEBB ASSOCIATES Dilesh R. Sheth, PE / TE Vice President G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 2 CITY OF LAKE ELSINORE CULTURAL CENTER PARKING LOT IMPROVEMENTS EXHIBIT “A” - PROJECT UNDERSTANDING Our understanding of the needs of this project is as follows: The City of Lake Elsinore is proposing to improve the vacant parcels located southeasterly of Main Street and Heald Avenue for the Cultural Center parking lot. The project site may also possibly be designated for future City Hall development. However, as indicated by the City, the site will be designed for parking lot purposes only, assuming no future building on site. The area proposed for development is shown in Figure 1 below. Figure 1: Cultural Center Parking Lot Improvement Site The area to be developed is located between Heald Avenue and Peck Street, south of Main Street. Currently this site is vacant land, with power poles and an easement running across the lot and utilized as an unimproved overflow parking for meetings and events held in the Cultural Center. The layout, asphalt paved area and number of parking spaces for the proposed parking lot has not been identified, Webb team will coordinate with the City, prepare preliminary layout studies and associated construction costs for the design options, assist the City in selecting a conceptual design which will meet the demand for the parking spaces and may be beneficial for the other functions in the downtown area and fit within the allocated budget. Previously, the project site had a building near Main Street utilized as shops; this building was demolished in 2011. A phase I Environmental Site Assessment (ESA) will be performed to provide information of current and past site use with regard to the presence of hazardous materials, generation of hazardous waste, and the presence of off-site contamination sources. G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 3 Based on our understanding of the project, preliminary research and experience with CEQA, we believe that the project is to be categorically exempt from CEQA. Webb will prepare a Notice of Exemption (NOE) for the City to review and file a NOE with the Riverside County Clerk. This project site has approximately 1.6 acres of land. The estimated paved area will be about eighty percent of the site. The proposed paved area will far exceed the 5,000 SF thresholds set forth for requiring a site specific WQMP. This project will be classified as a Priority Development Project. A Project-Specific WQMP will be required. The Project shall implement Low Impact Development (LID) BMPs to the maximum extent practicable (MEP) in order to reduce the discharge of pollutants to Lake Elsinore. An infiltration trench or a Bio-Retention Facility will likely be located on the low point of the site, on the northeasterly corner of Main Street and Heald Avenue. Infiltration testing and geotechnical review of the site will be conducted; the resulting infiltration rate will dictate the final LID BMPs selections. Landscape and Irrigation of the site will be simple and consistent with the current Main Street landscape and planting theme. Perimeter walls along the property easterly boundary will be constructed to provide a barrier between the parking lot and the existing residential neighborhood. The site electrical and lighting design will include but not be limited to the modification of existing on-site power pole, guy pole or wire as needed, coordination with SCE, parking lot lighting design and power supply pedestal and meters for lighting and irrigation control. We have also reviewed the options for undergrounding the existing power pole and guy pole (estimated cost is in the range of $300,000 to $400,000); or realign the power pole to the project boundary (see exhibit below). The realignment of one existing PP with one guy pole in the middle of the site will result in ten new and replacement poles with ten new guy anchors. Both options are not desirable. The City has instructed us to forgo these options and protect PP in place. G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 4 The City of Lake Elsinore is seeking an all-inclusive engineering design and bid package for the proposed parking lot development. However, property acquisition services for APN 373-023-026, a small privately owned parcel within the site is not a part of this scope. This parcel will be excluded from the project site boundary. G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 5 EXHIBIT “B” - SCOPE OF WORK Preliminary Parking Lot Layout · Perform utility research for the three frontage streets (Main Street, Peck Street and Heald Avenue) and the project site · Establish the temporary and long term parking demands and constraints of the project (including environmental, utility, future land use - City Hall, drainage and budgetary). · Prepare minimum of two conceptual site layouts, showing driveway locations, grading, drainage, striping and WQMP designs with associated construction cost estimate. · Review the design options with the City, obtain the comments and input · Revise and finalize the preliminary design Field Survey · Research available data on the project site including the record centerlines, right of way and property boundaries, parcel maps, records of survey, etc. · Conduct a half street cross section survey at 50’ interval for the site frontage of Main Street, Heald Avenue and Peck Street from centerline to right of way, include elevations for street centerline, curb & gutter, sidewalk, manholes, catch basins and other surface and above ground utilities. · Perform a field survey of the site, identify the locations and elevations of manholes, vaults, power poles, fire hydrants, fences, walls and trees for on-site and along the easterly boundary. · Perform a grid survey of ground elevations for the project site to establish the existing ground surface for design and earthwork calculation purposes. · Prepare base map for precise grading, drainage and WQMP design. · A Preliminary Title Report and a Chain-of-Title report will be obtained from a title company and will be utilized to identify any existing easements and for the Phase I ESA study. Phase I Environmental Site Assessment (GeoTek, Inc.) · Obtain and review any records that will help identify recognized environmental conditions of the site · Research available data on the geology, hydrology and hydrogeology of the site vicinity, evaluate the potential migration of contaminants onto or off of the site · Perform a site reconnaissance for visual indications on the ground surface of hazardous materials and waste handling. · Prepare a report presenting the findings, conclusions, and recommendations. Environmental Review and Filing of NOE · Review the site for General Plan compliance, environmental settings and constraints · Prepare a Notice of Exemption according to CEQA Guidelines for City review G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 6 · File completed NOE with the Riverside County Clerk Infiltration Tests and Geotechnical Site Report (GeoTek, Inc.) General Services: Provide infiltration rates via percolation testing and provide parking lot paving recommendations · Perform a reconnaissance of the project site and subsurface exploration · Excavate five exploratory borings; four of the borings will be drilled to 5 feet depth and used for percolation testing, the fifth boring will be drilled to a depth of 20 feet to check for the presence of a groundwater table and observe the earth materials · Prepare a letter report with the results of the percolation testing, pavement design and geotechnical recommendations for the construction of the parking lot LID BMP Design & WQMP · Based on the infiltration test results, evaluate the feasibility of utilizing infiltration trenches · If the infiltration rates are not suitable for infiltration trench, evaluate other LID BMP options such as bio-retention or permeable pavement · Analyze the cost of construction and maintenance associated with the BMPs · Provide the recommendation of the most cost effective viable BMPs to the City · Provide calculations and details of the selected BMPs · Prepare a Project Specific Water Quality Management Plan (WQMP). · Provide coordination with the City for WQMP review, and funding for maintenance of the BMPs Parking Lot Improvement Plans and Bid Package · Obtain and review as-built street and storm drain plans from the City. · Prepare Parking Lot Precise Grading Plans. The plans shall include but not be limited to: o Title Sheet o Parking Lot Precise Grading Plan o Horizontal Control and Striping Plan o Grading details, perimeter wall details & LID BMP Details o On-site Storm Drain Plan if needed o Erosion Control Plan · Utilized the base map and approved preliminary site layout to prepare a precise grading plan · Design the signing and striping for the parking lot in coordination with the pavement improvements. · Prepare earthwork quantity and aim to balance the earthwork on site · Prepare construction quantity and cost for the project · Perform on-going quality assurance. Quality control (QA/QC) review of all plans, reports and construction documents. A signed QA/QC form that identifies the checkers will be provide for the City G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 7 · Provide coordination with sub-consultant for parking lot lighting locations and other utilities coordination as needed · Obtain the boilerplates (front end contract documents) from the City, modify the documents to be project specific and prepare Special Provisions to the Standard Specifications · Prepare technical specifications in accordance with parking lot, LID BMPs, Landscape, Erosion Control and Lighting Improvements. · Prepare bid schedule Landscape and Irrigation Plans · Prepare conceptual landscape plans for the Lake Elsinore Cultural Center parking lot in accordance with the City of Lake Elsinore guidelines. Webb will develop landscape concept exhibits, at a specific scale, that best represents the design intent with a desired plant list for the project · WEBB will conduct a site visit to investigate existing utility, adjacent area irrigation system layout and Main Street landscape planting theme · Landscape Plans shall cover all proposed planter areas as shown on the latest approved site plan. WEBB will prepare the following documents to facilitate construction: Irrigation plans, Irrigation Schedule and Calculations, Planting Plans, Details and Specifications, and Opinion of Probable Construction Cost. Coordination and meetings with the City, plan check submittal, and processing are also included as part of this task for this submittal. · Process plans through City of Lake Elsinore. Parking Lot Lighting Design (RGI Utility Consultants) General Services: · Prepare for, attend, and respond to action items from Project Team meetings. It is anticipated that RGI’s participation in Team Meetings will be held on an “As Needed” basis. · Address items at the request of the City that are scope related but may not be specifically addressed in the Scope of Services. · Coordinate with SCE for existing Guy Pole relocation (existing distribution pole will remain), lighting power supply source, electric pedestal for lighting meter and irrigation meter Parking Lot Lighting Construction Document Design: · Obtain electronic base files from Project Team members and prepare Lighting plan base maps. · Prepare “red-line” layouts of new lighting standards and submit to Project Team for preliminary approvals. · Once Project Team has approved lighting locations, prepare Parking Lot Lighting Design. County of Riverside Standard 1000, Residential Lighting foundation will be utilized for parking lot light. Coordination in regards to power source and capacity of the power source for the parking lot lighting. G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 8 · Submit plans to the City for plan check. Obtain comments from City and update plans. Submit plans to the City for final approvals. · Once City has approved plans, provide mylars to the City for signature. · Prepare for, attend and respond to action items resulting from one (1) “Pre-Trench” meeting between Contractor and respective inspectors. Meetings & Coordination · Provide coordination with the City in regards to the design for the preliminary site layout, especially in regards to drainage, WQMP, landscape and lighting design · Provide coordination, attend meeting, participate in phone calls and prepare presentation as required. Construction Phase Support Services · Respond to RFIs, prepare Bid Addendums as needed during bidding process · Attend Pre-construction meeting and construction meeting as needed · Respond to RFIs regarding the design drawings and technical provisions · Review design change request and assist the City in issuing Contract Change Orders as needed A total of twenty (20) hours of Construction Phase Support Services is included in this task. Potholing If sub-surface utility elevations at certain locations become critical to the design and construction, potholing at these locations will be performed. A total of four (4) potholes are included in this task. Project Schedule and Deliverable · Week 1 - Notice to Proceed · Week 4 – Submit Preliminary Site Designs to the City · Week 6 – Finalize the Layout · Week 10 – Submit 60% Improvement plans, Phase 1 ESA Report, Final NOE, Infiltration Report to the City · Week 13 – City provide review comments · Week 17- Submit 95% PS&E package to the City to finalize the bid package · Week 20 – Complete 100% PS&E signed plans and bid package, end of design phase. G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Proposal-Lake Elsinore Parking Engineering.docx 9 EXHIBIT “C” - COMPENSATION FOR ENGINEERING SERVICES Engineering services for the proposed project as outlined in Exhibits “A” and "B" will be provided on a lump sum will not exceed basis for the following amounts: Preliminary Park Lot Layout $5,031 Field Survey and Base Map $9,294 Phase I Environmental Site Assessment $3,086 Environmental Review and Filing of NOE $1,894 Infiltration Tests and Geotechnical Site Review $5,432 LID BMP Design & WQMP $5,112 Parking Lot Improvements Plans & Bid Package $13,998 Landscape and Irrigation Plans $6,464 Parking Lot Lighting and Electrical Plans $8,427 Construction Support Services (20 Hours) $3,832 Potholing Existing Utilities (4) $5,196 Meetings and Coordination $4,790 Total Fee $72,556 Excluded Items: Property Acquisition Service Principal IISenior IIIAssociate IIAssociate IOne-Man Survey PartyDirector of SurveySurvey Technician IIProject CoordinatorPreliminary Parking Lot Layout 1 Utility Research & Project Constrains 2 3 6 11 1,381$ 110$ 1,491$ 2 Prepare 2 Prelim. Layouts 6 8 14 2,440$ 2,440$ 3 Finalize the Conceptural Site Design 2 4 6 1,100$ 1,100$ Preliminary Parking Lot Layout Subtotal 2 8 15 - - - - 6 31 4,921$ 110$ 5,031$ Field Survey and Base Map 1 Research Existing Plans, Centerline Control and Utilities 1 4 2 7 872$ 872$ 2 Field Survey and Topo and Street Cross Sections 24 2 1 27 4,166$ 240$ 4,406$ 3 Base Map 2 6 2 8 18 2,730$ 2,730$ 4 Preliminary Title Report and Chain-of-Title Report 1 1 86$ 1,200$ 1,286$ Field Survey Subtotal - 2 6 - 24 3 14 4 53 7,854$ 1,440$ 9,294$ Phase I Environmental Site Assessment 1 Prepare Phase I Environmental Site Assessment 1 1 2 286$ 2,800$ 3,086$ Phase I Environmental Site Assessment - 1 - - - - - 1 2 286$ 2,800$ 3,086$ Environmental Review and NOE 1 Environmental Review, Prepare and File NOE 3 6 4 13 1,814$ 80$ 1,894$ Environmental Review and NOE Subtotal - 3 - 6 - - - 4 13 1,814$ 80$ 1,894$ Infiltration Tests and Geotechnical Site Review 1 Infiltration Tests and Geotechnical Site Review 2 2 4 572$ 4,860$ 5,432$ Infiltration Tests and Geotechnical Site Review - 2 - - - - - 2 4 572$ 4,860$ 5,432$ LID BMP Design and WQMP 1 LID BMP Selection, Calculation and Prepare WQMP 1 20 4 2 27 5,032$ 80$ 5,112$ LID BMP Design and WQMP Subtotal 1 20 4 - - - - 2 27 5,032$ 80$ 5,112$ Parking Lot Improvement Plans and Bid Package 1 Prepare Precise Grading Plan 2 4 20 26 4,380$ 120$ 4,500$ 2 Prepare Striping Plan 6 6 870$ 870$ 3 Prepare Grading and LID BMP Details 2 10 12 1,950$ 1,950$ 4 Prepare Quantity Estimate 2 4 2 8 1,192$ 1,192$ 5 Prepare Erosion Control Plan 6 6 930$ 930$ 6 QA/QC 4 2 2 8 1,532$ 1,532$ 7 Prepare Bid Package 4 8 4 16 2,904$ 120$ 3,024$ Improvement Plans & Bid Package Subtotal 10 18 40 6 - - - 8 82 13,758$ 240$ 13,998$ Landscape and Irrigation Plans 1 Conceptual Landscape Plans and Plant List 1 8 2 11 1,612$ 80$ 1,692$ 2 Final Landscape & Irrigation Plans, Cost Estimate, Specifications 2 6 22 2 32 4,772$ -$ 4,772$ Landscape and Irrigation Plans Subtotal 2 1 14 22 - - - 4 43 6,384$ 80$ 6,464$ Parking Lot Lighting Plans 1 Prepare Parking Lot Lighting Plans and Specifications 1 1 2 4 527$ 5,800$ 6,327$ 2 Coordination with SCE - -$ 2,100$ 2,100$ Landscape and Irrigation Plans Subtotal - 1 1 - - - - 2 4 527$ 7,900$ 8,427$ Construction Support Services 1 Prepare bid Addendums, Response to RFIs, Attend meetings as Needed (20 Hr) 4 10 4 2 20 3,752$ 80$ 3,832$ Construction Support Services Subtotal 4 10 4 - - - - 2 20 3,752$ 80$ 3,832$ Potholing of Existing Utilities 1 Potholing of Existing Utilities (4)2 1 3 396$ 4,800$ 5,196$ Potholing of Existing Utilities Subtotal - - 2 - - - - 1 3 396$ 4,800$ 5,196$ Meeting & Coordination 1 Coordination with the City, Utility Purveyors and Sub-consultants 2 6 3 11 1,938$ 1,938$ 2 Attend Meetings and Presentations (3 meetings)4 8 2 14 2,732$ 120$ 2,852$ Meeting and Coordination Subtotal 6 14 - - - - - 5 25 4,670$ 120$ 4,790$ TOTAL 25 80 86 34 24 3 14 41 307 49,966$ 22,590$ 72,556$ * Project Budget CITY OF LAKE ELSINORE Engineering Services for Cultural Center Parking Lot Personnel Hours Task Description Total Hours Labor Subconsultants and Reimbursable Total Budget* The amounts indicated for each individual project task are estimated budget amounts and accordingly the actual amount may be more or less than shown. However, the total budget will not be exceeded without written authorization from the City.G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\012348 Parking Lot Improvement on Main and Heald\Budget Breakdown Elsinore Parking Lot.xls Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-076 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council Agenda Number: 11) Page 1 City of Lake Elsinore Printed on 2/9/2017 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by:Jason Simpson, Assistant City Manager Date:February 14, 2017 Subject:First Amendment to the Professional Services Agreement (PSA) with Engineering Resources of Southern California Inc.for the Civil Engineering Services at La Laguna RV Resort Rehabilitation Project. Recommendations Authorize the City Manager to execute the amendment to the PSA dated May 31, 2016,in the amount of $42,340.00. Background On May 31, 2016,the City authorized the approval of a professional services agreement with Engineering Resources of Southern California Inc. for the Civil Engineering Services at La Laguna RV Resort Rehabilitation Project. Discussions with Lake Elsinore Water District have identified the need to relocate an existing sewer lift station and increase the overall lift capacity to accommodate the newly planned sewer requirements of the RV Resort Rehabilitation Project. This amendment will provide the needed lift station design to satisfy Elsinore Valley Water District requirements and provide the lift capacity for the planned RV Resort rehabilitation. Discussion These services are standard civil engineering services for the site development of the project and will include the needed civil engineering construction documentation to effect the complete site development. The design of the lift station will include the following key tasks: Sewer and Force Main Connection Coordinate Geotechnical Analysis Sewer and Force Main P&P Pump Station Plan/Details Vale and Meter Vaults Generator Pad and Enclosure Coordinate Electrical Power Design and provide Specification Develop Construction Documents Construction will begin immediately upon design completion and Elsinore Valley Water District approval of the lift station.All requirements of this lift station shall be closely coordinated with the project architect, electric and mechanical service design, and geotechnical investigation. Fiscal Impact Engineering Resources PSA February 14, 2017 Page 2 This amendment to Professional engineering services is included in the CIP FY2016-17 Project Budget. Staff will return when construction documents are ready to be released for bid. Exhibits A. Agreement B. First Amendment C. Proposal Page 1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA INC. REHABILITATION OF LA LAGUNA RECREATION VEHICLE (RV) PARK AMENDMENT NO. 1 is made and entered into as of February 14, 2017 by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Engineering Resources of Southern California Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: A. On May 31, 2016, the City and Consultant entered into that certain agreement entitled “Agreement for Professional Services” (the “Original Agreement”). 2. Section 3. Compensation of the Agreement is hereby amended to read as follows: The compensation to the agreement shall be increased by forty two thousand three hundred forty dollars and no cents (42,340.00). The total compensation will equal two hundred twenty five thousand one hundred sixty dollars and no cents ($225,160.00). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONSULTANT” Engineering Resources of Southern California Inc. Matt Brudin, P.E, Principal Attachments: Exhibit A – Consultant’s Proposal (Engineering Resources of Southern California Inc.) EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: RES 2014-011 Agenda Date: 2/14/2017 Status: Consent AgendaVersion: 1 File Type: ResolutionIn Control: City Council Agenda Number: 12) Page 1 City of Lake Elsinore Printed on 2/9/2017 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Jason Simpson, Assistant City Manager Date:February 14, 2017 Subject: County Service Area 152, setting the Benefit Assessment Unit Rate for Fiscal Year 2017-18 for the City of Lake Elsinore to Fund the City’s National Pollutant Discharge Elimination System (NPDES) Permit Compliance Activities Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2017-18 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM Background The NPDES program originates from the Federal Clean Water Acts and the 1969 State of California Porter-Cologne Water Quality Control Act. The State Water Resources Control Board establishes the regulations that govern activities to improve water quality statewide. The governance takes the form of Permits for storm water discharge; the Permits mandate activities, which if not performed place the Permittee at risk for substantial penalties. The City together with other local agencies is covered by the Permit referred to as the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. To fund the costs of the mandated activities, the County of Riverside established County Service Area ("CSA") 152. In 1994, the County of Riverside annexed the City of Lake Elsinore into CSA 152. Enabling the City to impose a charge on individual parcels within City limits that contain a structure. Each parcel is assigned a certain number of "benefit assessment units" or "BAU." For instance, a single family home is assigned one BAU, commercial property is assigned 12 BAUs per acre. At the time of annexation, the City established the rate at $13.88 per BAU. Subsequently, the rate has fluctuated from a low of $6.24 per BAU to the current rate of $13.88 per BAU. The current charge is $13.88 per BAU. County Service Area 152 February 14, 2017 Page 2 Discussion With neither the State nor Federal governments providing funding for the activities mandated by the NPDES Permit, the requirements appear to constitute an unfunded mandate and as such would merit State funding, however, due to language in the Permit, the City is required to seek and secure funding: II.B.10. This Order does not constitute an unfunded mandate subject to subvention under Article XIII.B, Section (6) of the California Constitution for several reasons including the following: c. The Permittees have the authority to levy service charges, fees, or assessments to pay for compliance with this Order. To ensure compliance with the NPDES MS4 Permit, the City must perform the required activities. The Fiscal Year 2017-18 NPDES program budget is estimate at $457,300. These funds are used to cover staff administrative costs and mandated activities that include implementation and maintenance of electronic database, GIS mapping, maintenance of storm drains, catch basins, maintenance equipment, inter-agency program cost shares, in lake water quality monitoring, public education, and inspection of residential, commercial, industrial and construction sites in the City. Current CSA revenues are insufficient to cover the increasing cost of required activities. Activities which grow in scope every year. For the current Fiscal Year, 16,520 properties in the City of Lake Elsinore are listed for CSA 152 assessment and would generate $364,000 at the existing rate. The projected operating deficit of $68,475 will be covered using a balance of unused CSA 152 monies (approximately $300,000) from prior years. If not for the unused fund balance, the General Fund would bear the entire program budget deficit of $93,300. Fiscal Impact No negative fiscal impact. Exhibit A Resolution RESOLUTION NO. 2017- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2017-18 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM Whereas,the County of Riverside established a Community Service Area, (CSA) 152, for the purpose of collecting parcel charges for National Pollutant Discharge Elimination System ("NPDES") services within its boundaries; and, Whereas,the County of Riverside annexed the City of Lake Elsinore into CSA 152 in 1994, thereby providing the City a funding source for its NPDES program activities; and, Whereas,the City has determined that the proposed CSA 152 parcel charge is a benefit assessment; and, Whereas,the existing parcel charge is $13.88 per Benefit Assessment Unit; and, Whereas, the City desires to keep the 2017-18 parcel charge rate at $13.88 per Benefit Assessment Unit to continue to fund the activities mandated by the Environmental Protection Agency and State Water Resources Control board through the NPDES Permits; and, Whereas,Section 5(a) of Article XIIID of the California Constitution states that existing assessments on the effective date of Article XIIID imposed exclusively to finance the capital costs or maintenance and operation expenses flood control and drainage systems are exempt from the provisions of Article XIIID; and, Whereas,Section 5(a) of Article XIIID of the California Constitution also states that future increases to an exempt assessment are subject to the provisions of Article XIIID; and, Whereas,the proposed changes to the annual assessment do not exceed the maximum assessment established in 1994 and does not constitute an increase in assessment for purposes of Article XIIID. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1.The above recitals are true and correct. Section 2.That the City of Lake Elsinore continues participation in CSA 152. Section 3. That the City of Lake Elsinore requests that the County of Riverside levy for 2017- 18 a parcel charge in the amount of $13.88 per Benefit Assessment Unit. Section 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. Passed and Adopted this 14 th day of February, 2017. Robert E. Magee, Mayor Attest: Susan M. Domen, 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, California, hereby certify that Resolution No. 2017- ____was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 14 th day of February 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-077 Agenda Date: 2/14/2017 Status: Public HearingVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 13) Page 1 City of Lake Elsinore Printed on 2/9/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Justin Kirk, Principal Planner Date:February 14, 2017 Subject:Planning Application 2016-109: A request of an approval for an extension of time for Tentative Parcel Map No. 33486. Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A THREE-YEAR EXTENSION OF TIME TO FEBRUARY 28, 2020 FOR TENTATIVE PARCEL MAP NO. 33486. Background On February 28, 2006, the City Council approved Mitigated Negative Declaration No. 2005-05 (SCH No. 2005121086) (MND), Zone Change No. 2005 -02, and Tentative Tract Map No. 33486. Tentative Tract Map 33486 proposed to subdivide approximately 24 acres into 83 single family residential lots (including two existing single family residences). Lots ranged in size from 7,200 square feet to 12, 166 square feet averaging 9,437 square feet. On February 26, 2008, the City Council approved a three (3) year extension of time, which extended the expiration date of the map to February 28, 2011. The map has qualified for three (3) automatic extensions of time due to legislative actions which extended the expiration date of the map to February 28, 2017. On December 14, 2016, the applicant submitted an application for an extension of time, thereby staying the original expiration date of February 28, 2017 until City Council action. Discussion TTM 33486 is located in the northern section of the City on Machado Street between Zieglinde and Lakeshore Drives (APN 379-150-001, 002, 041 thru 044). Section 16.24.160 of the Lake Elsinore Municipal Code (LEMC) provides one or more extensions of time totaling a maximum of 36 months. Pursuant to the Subdivision Map Act, Government Code Section 66452.6(e), the time at which the map expires may be extended by the legislative body for a period not exceeding a total of six (6) years. TPM 33486 is eligible for extension of time for three (3) years through the City’s Map Extension process and represents the final extension of time allowed by the Subdivision Map Act and the LEMC. Page 2 of 2 The Planning and Engineering Departments have recommended revised Conditions of Approval consistent with section 66452.6 (e) of the Subdivision Map Act and sections 65961 (a) (1-2) and 65961 (f) of the Planning and Zoning Laws. These updated Conditions of Approval were reflective of the most current City requirements for development. Environmental Determination Pursuant to CEQA Guidelines Section 15162, staff has determined that this extension of time request would not have a significant effect on the environment and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier mitigated negative declaration. All potentially significant impacts have been avoided or mitigated pursuant to the earlier mitigated negative declaration and none of the conditions described in Section 15162 exist. The MND was adopted by the City Council on February 28, 2016 for TTM 33486. No substantial changes which require major revisions to the MND exist and no new information of substantial importance which require revisions to the earlier MND exist. Therefore, no further environmental documentation is necessary. Fiscal Impact The time and costs related to processing this extension of time request have been covered by the Developer Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The approval of the extension of time does not fiscally impact the City’s General Fund. Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval. Exhibits A – EOT Resolution B – Conditions of Approval C – Vicinity Map D – Aerial Map E – TPM 33486 RESOLUTION NO. 2016-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,APPROVING ATHREE-YEAREXTENSIONOFTIMETOFEBRUARY28, 2020 FOR TENTATIVE PARCEL MAP NO. 33486 Whereas, Eric Lunde, of Pacific Coves Investments, LLC, submitted a request for an extension of time for Tentative Tract Map (TTM) No. 33486 on December 14, 2016; and, Whereas, the Lake Elsinore Municipal Code (LEMC) Section 16.24.160 requires that a land divider wishing to extend the life of a tentative map make a written application to the City Council (Council) not less than 30 days prior to the expiration of the tentative map requesting an extension of time on the map; and, Whereas, on February 14, 2017, at a duly noticed Public Hearing the Council has considered the recommendation of City staff as well as 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has reviewed and analyzed the proposed extension of time for TTM 31593 prior to making its decision to extend the life of the map for three (3) years to February 28, 2020. Section 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code Section 66000 et. seq.) and the LEMC Section 16.24.160, the Council makes the following findings for the approval of an extension of time for TTM 31593: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a.TTM 33486 was located in the Low Medium Density Residential (LMDR) General Plan Land use designation of the General Plan. The LMDR designation provides for single-family detached residences with densities ranging between 1 and 6 dwelling units per net acre. TTM 33486 is a subdivision of 24 acres into 83 single family residential lots(including two existing single family residences). Lots ranged in size from 7,200 square feet to 12, 166 square feet averaging 9,437 square feet.. TTM 33486 will have 3.5 dwelling units per acre and is therefore consistent with the General Plan. b.All offsite mitigation measures have been identified in a manner consistent with the General Plan. c.All recreational amenities have been provided in a manner consistent with the General Plan. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. Reso. No. 2017-___ Page 2 of 3 a.The overall density and design is consistent and compatible with the adjacent communities. 3. The effects that the Project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a.The Project is consistent with the City’s General Plan. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b.The map has been conditioned to annex into or form applicable Landscape and Lighting Maintenance District and/or Community C Facility Districts to offset any potential negative financial impacts of the project. 4. Subject to the attached Conditions of Approval, the proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a.An Initial Study was prepared for the TTM 33486. The Initial Study identified potentially significant environmental effects but proposals made or agreed to by the applicant avoid the effects or mitigate the effects to a point where no significant effects would occur. b.When examining the Project in light of the conditions of approval and mitigation measures there is no substantial evidence that the TTM 33486 may have a significant effect on the environment. c.Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. TTM 33486 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a.TTM 33486 has been designed in a manner consistent with the General Plan and does not divide previously established communities. 6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a.All known easements or request for access have been incorporated into the design of TTM 33486. b.The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the Project. Section 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby approves a four-year extension of time for TTM 33486 to February 28, 2020, incorporating the attached Conditions of Approval. Section 4. This Resolution shall take effect immediately upon its adoption. Reso. No. 2017-___ Page 3 of 3 Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 14th day of February, 2017. _____________________________ Robert E. Magee, Mayor ATTEST: ____________________________ Susan M. Domen, 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, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of February 14, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk Applicants Initials: _____ Page 1 of 12 CONDITIONS OF APPROVAL RESOLUTION:2017-XX PROJECT: TTM 33486 PROJECT NAME:McKenna Court PROJECT LOCATION:APNs: 391-790-002 and 003 APPROVAL DATE:February 28, 2006 EXPIRATION DATE:February 28, 2020 GENERAL 1.Tentative Tract Map (TTM) No. 33486 is a subdivision of approximately 24 acres into 83 single family residential lots (including two existing single family residences). The Project is located in the northern section of the City on Machado Street between Zieglinde and Lakeshore Drives (APN 379-150-001, 002, 041 thru 044). 2.The applicant shall submit a money order, cashier’s check or check, made payable to the County Recorder, for filing of a Certification of Fee Exemption “De Minimis Impact Finding.” in the amount of $64.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. 3.The applicant shall comply with those mitigation measures identified in the Mitigated Negative Declaration No. 2005-05/Mitigation Monitoring Plan. 4.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of Tentative Tract Map No. 31957, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of Tentative Tract Map No. 31957 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 Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees 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. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Tract Map No. 31957, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37 and Public Resources Code Section TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 2 of 12 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. 5.Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 6.Tentative Tract Map No. 33486 will expire on February 28, 2020 unless within that period of time a Final Map has been filed with the County Recorder in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC). PLANNING DIVISION 7.Tentative Tract Map No. 31957 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 8.The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsmore Municipal Code Title 16 unless, modified by approved Conditions of Approval. 9.Prior to final certificate of occupancy of the Tentative Tract Map the improvements specified herein and approved by the Planning Commission and the City Council shall be installed or agreements for said improvements shall be submitted to the City for approval by the City Engineer and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. Prior to construction of the proposed detention basin, a Fencing Plan shall be submitted for review and approval by the Planning Division. 10.Prior to Final Map recordation, in the event that an LLMD or other acceptable entity is not formed, the applicant shall initiate and complete the formation of a Homeowner’s Association, approved by the City, recorded and funded in place. All Association documents shall be approved by the City and recorded, such as Articles of Incorporation for the Association, and Covenants, Conditions, and Restrictions (CC&R’s). 11.Membership in the Home Owner’s Association, if required, shall be mandatory for each buyer and any successive buyer. 12.All lots shall comply with minimum standards contained in the LEMC. 13.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14.The applicant shall comply with all conditions of the Riverside County Fire Department. 15.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 16.All future structural development associated with this map shall require separate Design TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 3 of 12 Review approval. 17.Prior to issuance of any grading permit and/or building permit the applicant shall sign and complete an “Acknowledgment of Conditions” and shall return the executed original to the Community Development Department. 18.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 19.Prior to issuance of building permit the applicant shall submit a letter of verification (will serve letter) to the City Engineer for all required utility services. 20.The applicant shall meet all requirements of the providing electric utility company. 21.The applicant shall meet all requirements of the providing gas utility company. 22.The applicant shall meet all requirements of the providing telephone utility company. 23.The City’s Noise Ordnance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 24.The applicant shall pay all applicable City fees, including but not limited to Development Impact Fees (DIF) per LEMC Section 16.74, at the rate in effect at the time of payment. ENGINEERING General 25.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 26.Prior to commencement of grading operations, if off-site soils transport is required, applicant to provide the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 27.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 28.Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. Secondary access shall be provided for each phase. 29.An Encroachment Permit shall be obtained prior to any work on City right-of-way. TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 4 of 12 30.All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 31.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. 32.The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 33.Applicant shall pay all applicable development fees, including but not all inclusive: Development Impact Fees (DIF) per LEMC Section 16.74, TUMF, MSHCP, TIF and area drainage fees at the rate in effect at the time of payment. 34.10 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 is exceeded, drainage facilities shall be provided. 35.Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on-site or off-site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 36.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. An access road for maintenance to detention/water quality basins shall be provided. 37.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 38.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 39.Street improvements including street lighting, traffic signals, and traffic signing and striping shall be required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and/or riverside county standards. 40.Construct all public works improvements from property line to one foot beyond centerline of Machado Street, and pavement transitions per approved street plans (LEMC Title 12). 41.Onsite construction traffic will not be allowed on Clement Street or Terra Cotta Road. All construction traffic should enter the site utilizing Machado Street. TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 5 of 12 42.Street lighting and landscaping on public right-of-way shall be maintained by a maintenance assessment district. 43.All open space and slopes and detention basin shall be owned and maintained by an LLMD. If an LLMD or other appropriate entity cannot be formed, then maintenance shall be provided by a home owner’s association. An access road for maintenance shall be provided. 44.In accordance with the City’s Franchise Agreement for waste disposal & recycling, the applicant 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. 45.Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 46.On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 47.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. 48.Roof drains shall not be allowed to outlet directly through coring in the street curb. 49.Roofs should drain to a landscaped area. 50.Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 51.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality in the Riverside county NPDES Drainage Area Management Plan. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 52.Applicant shall form or annex into an LLMD. If an LLMD or other appropriate entity cannot be formed, then the applicant shall record CC & R’s for maintenance of, the detention basin and street lighting within the project. The CC & R’s shall be approved by the Planning Director prior to recordation of final map. 53.Existing easements that have not been vacated will be shown on the final map. 54.Landscape easements shall be shown on the final map. 55.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 6 of 12 56.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 57.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 58.Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 59.Some of the improvements shown on the Map and/or required by these conditions could be located off-site on property which neither the City nor the subdivider may have no title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall pay all costs for acquisition of title or interest. 60.A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50’ beyond the property limits. 61.Interior streets shall be dedicated and improved to public residential street standards (40’/60’) or as shown in the map. 62.Construct a traffic signal at Terra Cotta Road and Lakeshore Drive as required by the Traffic Study contained within the Mitigated Monitoring Program. Note that this location is covered under the TIF program. The applicant may ask for a reimbursement agreement subject to the approval of the City Engineer. 63.Construct half-width street improvements along the project frontage on Machado Street. The improvements include ac pavement, ac transitions, curb and gutter, sidewalk, street lighting, and signing striping. 64.Construct a paved pedestrian connection that provides access from Terra Cotta Road to the ac paved road at the northeast corner of the property. 65.Install survey monument at Terra Cotta Road and “A” Street. 66.Contribute on a fair share basis to the cost of traffic improvements as listed in Table 6-1 of the Traffic Study prepared by Urban Crossroads dated October 10, 2005. STORMWATER/NPDES If CEQA identifies 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. 67.Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 7 of 12 68.All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker. Construction 69.A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project. 70.Prior to grading or building permit for construction or demolition and/or weed abatement activity projects subject to coverage under the NPDES General Construction Permit 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 City Engineer. A copy of the SWPPP shall be kept at the project site, updated, and be available for review upon request. 71.Erosion & Sediment Control – ALL PROJECTS - Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as applicable, kept updated as needed to address changing circumstances of the project site, be kept at the project site and available for review upon request. 72.Minimum BMP’s as identified by the City shall be implemented by all projects. Post-Construction 73.Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, MS4, etc. to include: Demonstrate that the project has complied with all non-structural BMPs described in the project’s WQMP. Provide signed, notarized certification from the engineer of work that the structural BMP’s identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational. Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R. The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 8 of 12 (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long- term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPS; and (4) provide for annual certification of water quality facilities by a registered civil engineer. The City format shall be used. Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants (commercial/industrial) or HOA as appropriate. 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 O&M Plan. A signed/sealed certification from the engineer of work dated 12 months after CofO will be considered in lieu of a Special Investigation by the City. Provide the City with a digital .pdf copy of the Final WQMP. Prior to Issuance of a Grading Permit: 74.Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate increased in runoff, flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 75.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 76.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 77.The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 78.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement “A” in the Riverside County NPDES Drainage Area Management Plan. 79.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP’s that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit: 80.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 81.Street dedications and abandonment shall be processed and approved prior to building permit issuance. TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 9 of 12 82.Submit a "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. Submit this letter prior to applying for a building permit. 83.Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16.34). 84.Pay the fair share cost of Traffic Improvements required in the traffic study. Prior to Occupancy: 85.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 86.The improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 87.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 88.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 89.All traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 90.Water and sewer improvements shall be completed in accordance with Water District requirements. 91.The Traffic Signal at Terra Cotta Road and Lakeshore Drive shall be completed and in operation as required by the Traffic Study contained within the Mitigation Monitoring Program. CITY OF LAKE ELSINORE FIRE MARSHALL General Conditions 92.Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of Fire Department conditions to forward them to all interested parties. The permit number is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division 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 TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 10 of 12 Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 93.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. 94.Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,000 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 500’ and 250’ maximum distance from any point on the street or road frontage to hydrant. Standard Fire hydrants shall be installed (6”x4”x2-1/2”). 95.Standard 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 measures along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 96.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. Twenty-four feet (24’) 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), 1973]. C. The required all weather vehicular access shall be able to support no less than 70,000 lbs. over 2 axles. D. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. E. Turning Radius shall be 26’ inside and 38’ outside for all access roads. 97.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. 98.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 TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 11 of 12 system shall remain open until closed by the rapid entry system. Contact the Fire Planning office for current plan check fees. Prior to Building Permit Issuance 99.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. 100.Water System Plans - Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. 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. 101.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 such inspection all permanent road signs shall be in place, all 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 102.Residential Fire Sprinkler Systems for Single family and two-family 13D - Install a complete fire sprinkler system designed in accordance with California Residential Code, California Fire Code and adopted standards. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 103.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. ADMINISTRATIVE SERVICES DEPARTMENT 104.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003- 01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 105.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscaping Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas 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. 106.Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. TTM 33486 City Council: 2/14/17 Conditions of Approval Applicants Initials: _____ Page 12 of 12 107.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello-Roos Community Facility District to fund the on-going operation and maintenance of the new parks, 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. 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 Council of the City of Lake Elsinore on . I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: MACHADO STRIVERSIDE DRLINCOLN ST LASH ST JOY STASH STLAKE STGRAND AVEPIERCE STILLINOIS STTERRA COTTA RDMOUNTAIN ST BAKER ST STEVENS ST GUNDER AVEU L M E R S T RALPH RDDRYDEN STSHRIER DRTERRA COTTA STNEBRASKA STOUTRIGGER STWASHINGTON AVE LE GAYE STAUDELO STSPRUCE ST AMBER LNRYAN ST WALNUT DR TEAKWOOD STAMOROSE S T BELL AVE PARKVIEW PL KINGS HWY LE HARVE AVE LOCUST ESCAVERA STHURSH STAMES AVE FERN CIR ADAMS ST WILSON STMACHADO STRIVERSIDE DRLINCOLN ST LASH ST JOY STASH STLAKE STGRAND AVEPIERCE STILLINOIS STTERRA COTTA RDMOUNTAIN ST BAKER ST STEVENS ST GUNDER AVEU L M E R S T RALPH RDDRYDEN STSHRIER DRTERRA COTTA STNEBRASKA STOUTRIGGER STWASHINGTON AVE LE GAYE STAUDELO STSPRUCE ST AMBER LNRYAN ST WALNUT DR TEAKWOOD STAMOROSE S T BELL AVE PARKVIEW PL KINGS HWY LE HARVE AVE LOCUST ESCAVERA STHURSH STAMES AVE FERN CIR ADAMS ST WILSON STPLANNING APPLICATION 2016-109VICINITY MAP PR OJEC T SITE ´ MACHADO STHERBORN ST LE GAYE ST ZIEGLINDE DR JOY ST LAKESHORE DR PARKVIEW PLTERRA COTTA RDWOODCREST DRWHITE OAK RDSHIRLEY DRHURSH STCLEMENT STBROADWAY STWOODLAKE RDWOODLAKE STST CLAIR AVE TORREY STJESSICA ST PINYON ST LAURELWOOD CT LAUREN CT BROADWAY ST BRO A DW A Y S T Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, U SDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User CommunityMACHADO STHERBORN ST LE GAYE ST ZIEGLINDE DR JOY ST LAKESHORE DR PARKVIEW PLTERRA COTTA RDWOODCREST DRWHITE OAK RDSHIRLEY DRHURSH STCLEMENT STBROADWAY STWOODLAKE RDWOODLAKE STST CLAIR AVE TORREY STJESSICA ST PINYON ST LAURELWOOD CT LAUREN CT BROADWAY ST BRO A DW A Y S T Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, U SDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community PLANNING APPLICATION 2016-109AERIAL MAP PROJECT SITE ´ Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-078 Agenda Date: 2/14/2017 Status: Public HearingVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 14) Page 1 City of Lake Elsinore Printed on 2/9/2017 Page 1 of 4 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Justin Kirk, Principal Planner Date:February 14, 2017 PROJECT: Planning Application 2016-04:A proposed development agreement for an approximately 520,000 square foot indoor commercial sports facility on 23.12 acres of disturbed vacant land. APPLICANT:Stephen Harrison, The Harrison Company Recommendation adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING DEVELOPMENT AGREEMENT 2016-01 FOR AN APPROXIMATELY 520,000 SQUARE FOOT INDOOR COMMERCIAL SPORTS FACILITY ON 23.12 ACRES OF DISTURBED VACANT LAND. Background Campbell Street Remnant Parcel Sale At the July 19, 2016, regular Planning Commission meeting the Planning Commission adopted Resolution 2016-57 finding that the sales of the Campbell Street remnant parcel was consistent with the General Plan and finding the action categorically exempt from further environmental review. At the October 25, 2016, regular City Council meeting the City Council adopted Resolution 2016-122 finding that the sales of the Campbell Street remnant parcel was consistent with the General Plan and finding the action categorically exempt from further environmental review. Planning Application 2016-04 At the October 18, 2016 regular Planning Commission, meeting the Planning Commission adopted Resolutions 2016-71 through 2016-75 recommending that the City Council adopt Addendum #1 to the Diamond Specific Plan EIR (SCH 2009031084), find that PA 2016-04 (Tentative Parcel Map 37149, Conditional Use Permit 2016-02, and Commercial Design Review Page 2 of 4 2016-02) is consistent with MSHCP, approve Tentative Parcel Map 37149, approve Conditional Use Permit 2016-02, and approve Commercial Design Review 2016-02. At the October 25, 2016, regular City Council meeting the City Council adopted Resolutions 2016-123 through 2016-127 adopting Addendum #1 to the Diamond Specific Plan EIR (SCH 2009031084), finding that PA 2016-04 (Tentative Parcel Map 37149, Conditional Use Permit 2016-02, and Commercial Design Review 2016-02) was consistent with MSHCP, and approving Tentative Parcel Map 37149, approve Conditional Use Permit 2016-02, and approve Commercial Design Review 2016-02. Development Agreement 2016-01 At the February 14, 2017, regular Planning Commission meeting the Planning Commission adopted Resolution 2017- recommending that the City Council approve Development Agreement 2016-01. Discussion Project Request The applicant is requesting the approval of a development agreement to facilitate the development of a previously approved 520,000 square foot sports arena. Project Location The Project site is located on 23.12 acres, and is generally located northeast of the intersection of Pete Lehr and Diamond Drive, and is more specifically referred to as Assessor Parcel Numbers 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. Environmental Setting EXISTING LAND USE ZONING GENERAL PLAN Project Site Vacant Land Specific Plan Specific Plan North Commercial C-2 General Commercial South Baseball Stadium Specific Plan,Specific Plan East Vacant/Commercial CMU/SP CMU West Residential Specific Plan Specific Plan Project Description The proposed development agreement would have a seven (7) year term from and after the Effective Date, unless this Agreement is terminated, modified, or extended upon mutual written consent. The proposed agreement amongst other items would memorialize the following items: Vested Rights: The development agreement provides certainty in the development process by providing a vested right in the existing entitlements (Tentative Parcel Map 37149, Conditional Use Permit 2016-02, and Commercial Design Review 2016-02) and in the applicability of the City’s existing land use regulations to the development of the Project. During the term of the agreement, the Project will be exempt from newly adopted City land use regulations and fees. Page 3 of 4 Existing Development Fees: During the term of this agreement, the City shall impose and Vested Party shall be required to pay only existing development fees in connection with the development of the Property and the processing of applications for Land Use Entitlements submitted by Vested Party. This limitation does not apply to 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). Deferred Development Impact Fees: Collection of development impact fees would be deferred from the issuance of a building permit to the issuance of the Certificate of Occupancy. Allocation of Project Traffic Impact Fees (TIF): All TIF fees will be allocated to the Diamond Specific Plan or East Lake Specific Plan Areas. Analysis The proposed Development Agreement has been negotiated by the City Attorney and the applicant’s Legal Counsel. The proposed Development Agreement is an instrumental document in the facilitation of the development of the Lake Elsinore Diamond Sports Complex. The Lake Elsinore Diamond Sports Complex has been found to be a significant benefit to the City and would encourage future development in the immediate adjacent community and the City in general. The proposed development agreement has been reviewed for consistency with respect to the State Government Code and the Lake Elsinore Municipal Code and has been found to meet all legal requirements. Environmental Determination 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 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. Fiscal Impact The Lake Elsinore Diamond Sports Complex is a catalyst project which will stimulate economic development of hotels, restaurants, and a variety of other retail and services businesses. Additionally, the project is estimated to generate $6.9 million in permit and development impact fees, as follows: Page 4 of 4 The project is paying for City fees any other business would pay to develop. There has been no waiver or reduction provided other than a TIF credit of approximately $500,000 for offsite improvements that the developer will construct on the City’s behalf. Prepared by: Justin Kirk, Principal Planner Approved by: Grant Taylor, Community Development Director Exhibits: A. DA Ordinance B. DA C. Vicinity Map D. Aerial Map ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 (the “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 LEMC Chapter 19.12 (Development Agreements) the Planning Commission of the City of Lake Elsinore 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 Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and adopted Resolution 2017-XX recommending that the City Council approve Development Agreement 2016-01; and, Whereas, pursuant to LEMC Chapter 19.12 the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER 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 Planning Commission adopted Resolution No. 2016-71 finding and determining that Addendum 1 to the Diamond Specific Plan EIR (SCH 2009031084) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (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 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 Ord. No. 2017-______ Page 2 of 4 matters as are reflected in the record of the noticed public hearing on the Project, the City Council adopted Resolution No. 2016-127 finding and determining that that Addendum 1 to the Diamond Specific Plan EIR (SCH 2009031084) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (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; 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 #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; The proposed Development Agreement will facilitate the development of a large sports complex facility. The project is located Diamond Specific Plan Amendment #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 Diamond Specific Plan. 3. It is in conformity with public convenience, general welfare and good land use practices; 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 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; 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; Ord. No. 2017-______ Page 3 of 4 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. 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 of the City of Lake Elsinore 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 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 this 14th day of February, 2017. _____________________________ Robert E. Magee, Mayor ATTEST: ____________________________ Susan M. Domen, MMC City Clerk Ord. No. 2017-______ Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of February 14, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk LE DIAMOND HOLDINGS DA - 020717 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 LE DIAMOND HOLDINGS DA - 020717 i TABLE OF CONTENTS Page 1. DEFINITIONS. ..................................................................................................................2 2. PURPOSE AND ANALYSIS. ...........................................................................................4 2.1. Vested Right in Existing Land Use Regulations..............................................................4 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. ..........................................................................6 3.2.5. Regulations Needed to Protect the Health and Safety. .......................................6 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. ................................................................................7 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. ....................................................................................................8 LE DIAMOND HOLDINGS DA - 020717 ii 5.3. Periodic Review. .................................................................................................................9 6. OPERATING MEMORANDA AND AMENDMENTS. ...............................................9 6.1. Operating Memoranda. .....................................................................................................9 6.2. Amendment. .......................................................................................................................9 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. .................................................................................................10 9. ESTOPPEL CERTIFICATES. .......................................................................................11 10. RECORDATION BY CITY CLERK. ...........................................................................11 11. DEFAULT. .......................................................................................................................11 11.1. Events of Default. .............................................................................................................11 11.2. Remedies. ..........................................................................................................................11 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 LE DIAMOND HOLDINGS DA - 020717 iii 17.3. Signature Pages. ...............................................................................................................13 17.4. Time. ..................................................................................................................................13 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 .................................................................15 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. 1 ................................................................... 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 .................................................................................... Conditions of Approval Attachment No. 5 ................................................................................... Financial Responsibility LE DIAMOND HOLDINGS DA - 020717 1 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 that portion of Campbell Road owned by the City (the “City Parcel”), 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. In the aggregate, the JIC-CP Property and the City Parcel comprise the property that will be owned by Vested Party 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 LE DIAMOND HOLDINGS DA - 020717 2 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. 1. 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 LE DIAMOND HOLDINGS DA - 020717 3 (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 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 LE DIAMOND HOLDINGS DA - 020717 4 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 D, and more particularly described in Attachment No. 1. 1.18. “Term” is defined in Section 5.1 of this Agreement. 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 Regulations. 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. LE DIAMOND HOLDINGS DA - 020717 5 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 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. LE DIAMOND HOLDINGS DA - 020717 6 3. RULES, REGULATIONS AND OFFICIAL POLICIES GOVERNING DEVELOPMENT. 3.1. Existing Land Use Regulations. 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-Conflicting Regulations. 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. 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. Regulations 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. LE DIAMOND HOLDINGS DA - 020717 7 3.3. Regulation 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 Taxing 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. 4.2. Deferred Development 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. LE DIAMOND HOLDINGS DA - 020717 8 4.3. Allocation of Project TIF. 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. 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 LE DIAMOND HOLDINGS DA - 020717 9 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. 6. 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 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 LE DIAMOND HOLDINGS DA - 020717 10 provisions of the Lake Elsinore Municipal Code and Sections 65867 and 65868 of the Government Code. 7. COOPERATION AND COVENANT OF FURTHER ASSURANCES. 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 Dealing. 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 performance under this Agreement impossible or impractical. In addition, each Party will do everything which this Agreement describes that such Party will do. 8. 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 LE DIAMOND HOLDINGS DA - 020717 11 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. ESTOPPEL 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 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 LE DIAMOND HOLDINGS DA - 020717 12 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 LAW. 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 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. LE DIAMOND HOLDINGS DA - 020717 13 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. 17.4. Time. Time is of the essence of this Agreement and of each and every term and condition hereof. LE DIAMOND HOLDINGS DA - 020717 14 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. LE DIAMOND HOLDINGS DA - 020717 15 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 Right 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. LE DIAMOND HOLDINGS DA - 020717 16 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 LE DIAMOND HOLDINGS DA - 020717 17 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 Improvements Financing 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. LE DIAMOND HOLDINGS DA - 020717 18 IN WITNESS WHEREOF, City and Vested Party have executed this Agreement as of the date first hereinabove written. “CITY” CITY OF LAKE ELSINORE, a municipal corporation By: Robert E. Magee, Mayor ATTEST: By: Susan M. Domen, CMC City Clerk APPROVED AS TO FORM: By: Barbara Leibold, Esq., City Attorney “VESTED PARTY” LE DIAMOND HOLDINGS, LLC a California limited liability company By: Name: Title: By: Name: Title: APPROVED AS TO FORM: THE LAW OFFICES OF EDWARD Z. KOTKIN By: Edward Z. Kotkin, Esq. LE DIAMOND HOLDINGS DA - 020717 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) 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. LE DIAMOND HOLDINGS DA - 020717 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) 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. LE DIAMOND HOLDINGS DA - 020717 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) 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. LE DIAMOND HOLDINGS DA - 020717 ATTACHMENT NO. 5 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 - 020717 ATTACHMENT NO. 5 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 - 020717 ATTACHMENT NO. 5 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. ATTACHMENT NO 2 ATTACHMENT NO. 2 ATTACHMENT NO. 2 TITLE REPORT EXHIBIT LAND OWNERSHIP (ATTACHED) ATTACHMENT NO 3 ATTACHMENT NO. 3 ATTACHMENT NO. 3 SELECTED ANALYSIS OF ESTIMATED PERMIT FEES (ATTACHED) CITYOFLAKEELSINORE,CALIFORNIASELECTEDANALYSISOFESTIMATEDPERMITFEESLAKEELSINOREDIAMONDSPORTSCOMPLEXǦDIAMONDDRIVE,LAKEELSINORE,CA Ǧͳ Ͷ͵Ͳǡͺͳ͸ Ǧʹ ͺͻǡͲʹ͵Totalͷͳͻǡͺ͵ͻLAKEELSINOREDIAMONDSPORTSCOMPLEX(519,839sf)REVISEDAMOUNTFEESDUEPAIDTO CASHorFINANCEDFeesDueatPermit FeesDueatCOOFeesPaidDirectlyto3rdParties COMMENTSWRCOG,RCA,RCHCA(GOVTAGENCIES)**̵ ȋȌͳͳǡͲͲͲǤͲͲ̈́ ͳͳǡͲͲͲǤͲͲ̈́ Ǧ̈́ Ǧ̈́ ͵ ͳͶͻǡͳ͸ͲǤͲͲ ͳͶͻǡͳ͸ͲǤͲͲ Ǧ Ǧ ͵ ȋ Ȍ ͳǡͺͲͷǡͳͳͻǤͲͶ ȋ Ȍ ǤǤǤǤ ȋǣȀȀǤȀǦ ǦȀǦǦǦǦȋȌǤȌǦ ͳǡͺͲͷǡͳͳͻǤͲͶ Ǧ ͵ ȋ Ȍ ͵͹͵ǡͲͲ͸Ǥ͵͹ ȋ Ȍ ǤǤǤǤ ȋǣȀȀǤȀǦ ǦȀǦǦǦǦȋȌǤȌǦ ͵͹͵ǡͲͲ͸Ǥ͵͹ Ǧ ͵ ǡǡȋ Ȍ ʹǡ͵͵ͺǡʹͺͷǤͶͳͳ͸Ͳǡͳ͸ͲǤͲͲ ʹǡͳ͹ͺǡͳʹͷǤͶͳ ǦCITY ǦͶ ʹͲǤͲͲ Ǧ ʹͲǤͲͲ Ǧ Ǧ ͵ͷǡͲͲͲǤͲͲ Ǧ ͵ͷǡͲͲͲǤͲͲ Ǧ Ǧ ʹͲǡͲͲͲǤͲͲ Ǧ ʹͲǡͲͲͲǤͲͲ Ǧ ͵ͻǡͷ͹ͷǤ͹Ͷ ͷǡͲͲͲǤͲͲ ͵Ͷǡͷ͹ͷǤ͹Ͷ Ǧ ʹǤͲ͹ Ǧ ʹǤͲ͹ Ǧ ʹͲǡʹͷͺǤ͵ͺ Ǧ ʹͲǡʹͷͺǤ͵ͺ Ǧ Ͷ Ǧ Ǧ Ǧ ͷ ʹǡͺͻͶǤͲͷ Ǧ ʹǡͺͻͶǤͲͷ ǦǦ ͳͶͺǡͶͲͻǤͲʹ Ǧ ͳͶͺǡͶͲͻǤͲʹ Ǧ Ǧ ͳͻ͹ǡͺ͹ͺǤ͹Ͳ Ǧ ͳͻ͹ǡͺ͹ͺǤ͹Ͳ Ǧȋǡǡǡ ȌͶ͸ͷǡͺʹͲǤͲͲ Ǧ Ͷ͸ͷǡͺʹͲǤͲͲ Ǧ ȋ Ȍ͸ʹͶǡ͸ͺ͵ǤʹͲ Ǧ ͸ʹͶǡ͸ͺ͵ǤʹͲ Ǧ ȋ ȌͳʹͻǡͲͺ͵Ǥ͵ͷ Ǧ ͳʹͻǡͲͺ͵Ǥ͵ͷ Ǧ ͳ͹ͷǡʹͶͲǤͲͲ Ǧ ͳ͹ͷǡʹͶͲǤͲͲ Ǧ ͷͳǡͻͺ͵ǤͻͲ Ǧ ͷͳǡͻͺ͵ǤͻͲ Ǧ ͻ͵ǡ͸ͲͲǤͲͲ Ǧ ͻ͵ǡ͸ͲͲǤͲͲ Ǧ ǦͶ ʹͲǤͲͲ Ǧ ʹͲǤͲͲ Ǧ ͳʹͲǤͲͲ Ǧ ͳʹͲǤͲͲ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ ʹǡͲͲͶǡͷͺͺǤͶͳͷǡͲͲͲǤͲͲ ͳǡͻͻͻǡͷͺͺǤͶͳ ǦǦ Ͷǡ͵Ͷʹǡͺ͹͵Ǥͺʹ̈́ͳ͸ͷǡͳ͸ͲǤͲͲ Ͷǡͳ͹͹ǡ͹ͳ͵Ǥͺʹ ǦWATER/SEWERDISTRICT(EVMWD)**Ǧ ʹͳͲǡ͵ͺͻǤ͹Ͳ̈́ ǤʹͷΨǤǡǤͳǦ Ǧ ʹͳͲǡ͵ͺͻǤ͹Ͳ ȋȌǤ̶̶ǤǦ ʹǡͳͲʹǡͲͺͺǤͻ͸ ǤʹͷΨǤǡǤͳǦ Ǧ ʹǡͳͲʹǡͲͺͺǤͻ͸ ȋȌǤ̶̶ǤǦ ʹǡ͵ͳʹǡͶ͹ͺǤ͸͸Ǧ Ǧ ʹǡ͵ͳʹǡͶ͹ͺǤ͸͸SCHOOLDISTRICT(LEUSD)*** ʹͻͳǡͳͲͻǤͺͶ ȋȌ Ǧ Ǧ ʹͻͳǡͳͲͻǤͺͶ ȋȌǤǤǦ ʹͻͳǡͳͲͻǤͺͶǦ Ǧ ʹͻͳǡͳͲͻǤͺͶ ͸ǡͻͶ͸ǡͶ͸ʹǤ͵ʹ̈́ͳ͸ͷǡͳ͸ͲǤͲͲ̈́ Ͷǡͳ͹͹ǡ͹ͳ͵Ǥͺʹ̈́ ʹǡ͸Ͳ͵ǡͷͺͺǤͷͲ̈́ȗȗ ǤǤȗȗȗ ǤǤͳǣ ̵ ǤǤǤ ǡǤ EZK REDLINE TO EZK CLEAN 2.2.17 - LE DIAMOND SPORTS CENTER DA 020217ATTACHMENT NO. 4 ATTACHMENT NO. 4 FINANCIAL RESPONSIBILITY (ATTACHED) ATTACHMENT NO. 5 CONDITIONS OF APPROVAL (ATTACHED) LE DIAMOND HOLDINGS DA - 020717 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 LE DIAMOND HOLDINGS DA - 020717 i TABLE OF CONTENTS Page 1. DEFINITIONS. ..................................................................................................................2 2. PURPOSE AND ANALYSIS. ...........................................................................................4 2.1. Vested Right in Existing Land Use Regulations..............................................................4 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. ..........................................................................6 3.2.5. Regulations Needed to Protect the Health and Safety. .......................................6 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. ................................................................................7 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. ....................................................................................................8 LE DIAMOND HOLDINGS DA - 020717 ii 5.3. Periodic Review. .................................................................................................................9 6. OPERATING MEMORANDA AND AMENDMENTS. ...............................................9 6.1. Operating Memoranda. .....................................................................................................9 6.2. Amendment. .......................................................................................................................9 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. .................................................................................................10 9. ESTOPPEL CERTIFICATES. .......................................................................................11 10. RECORDATION BY CITY CLERK. ...........................................................................11 11. DEFAULT. .......................................................................................................................11 11.1. Events of Default. .............................................................................................................11 11.2. Remedies. ..........................................................................................................................11 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 LE DIAMOND HOLDINGS DA - 020717 iii 17.3. Signature Pages. ...............................................................................................................13 17.4. Time. ..................................................................................................................................13 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 .................................................................15 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. 1 ................................................................... 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 .................................................................................... Conditions of Approval Attachment No. 5 ................................................................................... Financial Responsibility LE DIAMOND HOLDINGS DA - 020717 1 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 that portion of Campbell Road owned by the City (the “City Parcel”), 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. In the aggregate, the JIC-CP Property and the City Parcel comprise the property that will be owned by Vested Party 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 LE DIAMOND HOLDINGS DA - 020717 2 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. 1. 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 LE DIAMOND HOLDINGS DA - 020717 3 (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 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 LE DIAMOND HOLDINGS DA - 020717 4 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 D, and more particularly described in Attachment No. 1. 1.18. “Term” is defined in Section 5.1 of this Agreement. 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 Regulations. 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. LE DIAMOND HOLDINGS DA - 020717 5 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 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. LE DIAMOND HOLDINGS DA - 020717 6 3. RULES, REGULATIONS AND OFFICIAL POLICIES GOVERNING DEVELOPMENT. 3.1. Existing Land Use Regulations. 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-Conflicting Regulations. 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. 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. Regulations 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. LE DIAMOND HOLDINGS DA - 020717 7 3.3. Regulation 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 Taxing 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. 4.2. Deferred Development 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. LE DIAMOND HOLDINGS DA - 020717 8 4.3. Allocation of Project TIF. 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. 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 LE DIAMOND HOLDINGS DA - 020717 9 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. 6. 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 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 LE DIAMOND HOLDINGS DA - 020717 10 provisions of the Lake Elsinore Municipal Code and Sections 65867 and 65868 of the Government Code. 7. COOPERATION AND COVENANT OF FURTHER ASSURANCES. 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 Dealing. 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 performance under this Agreement impossible or impractical. In addition, each Party will do everything which this Agreement describes that such Party will do. 8. 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 LE DIAMOND HOLDINGS DA - 020717 11 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. ESTOPPEL 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 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 LE DIAMOND HOLDINGS DA - 020717 12 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 LAW. 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 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. LE DIAMOND HOLDINGS DA - 020717 13 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. 17.4. Time. Time is of the essence of this Agreement and of each and every term and condition hereof. LE DIAMOND HOLDINGS DA - 020717 14 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. LE DIAMOND HOLDINGS DA - 020717 15 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 Right 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. LE DIAMOND HOLDINGS DA - 020717 16 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 LE DIAMOND HOLDINGS DA - 020717 17 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 Improvements Financing 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. LE DIAMOND HOLDINGS DA - 020717 18 IN WITNESS WHEREOF, City and Vested Party have executed this Agreement as of the date first hereinabove written. “CITY” CITY OF LAKE ELSINORE, a municipal corporation By: Robert E. Magee, Mayor ATTEST: By: Susan M. Domen, CMC City Clerk APPROVED AS TO FORM: By: Barbara Leibold, Esq., City Attorney “VESTED PARTY” LE DIAMOND HOLDINGS, LLC a California limited liability company By: Name: Title: By: Name: Title: APPROVED AS TO FORM: THE LAW OFFICES OF EDWARD Z. KOTKIN By: Edward Z. Kotkin, Esq. LE DIAMOND HOLDINGS DA - 020717 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) 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. LE DIAMOND HOLDINGS DA - 020717 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) 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. LE DIAMOND HOLDINGS DA - 020717 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) 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. LE DIAMOND HOLDINGS DA - 020717 ATTACHMENT NO. 5 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 - 020717 ATTACHMENT NO. 5 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 - 020717 ATTACHMENT NO. 5 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. ATTACHMENT NO 2 ATTACHMENT NO. 2 ATTACHMENT NO. 2 TITLE REPORT EXHIBIT LAND OWNERSHIP (ATTACHED) ATTACHMENT NO 3 ATTACHMENT NO. 3 ATTACHMENT NO. 3 SELECTED ANALYSIS OF ESTIMATED PERMIT FEES (ATTACHED) CITYOFLAKEELSINORE,CALIFORNIASELECTEDANALYSISOFESTIMATEDPERMITFEESLAKEELSINOREDIAMONDSPORTSCOMPLEXǦDIAMONDDRIVE,LAKEELSINORE,CA Ǧͳ Ͷ͵Ͳǡͺͳ͸ Ǧʹ ͺͻǡͲʹ͵Totalͷͳͻǡͺ͵ͻLAKEELSINOREDIAMONDSPORTSCOMPLEX(519,839sf)REVISEDAMOUNTFEESDUEPAIDTO CASHorFINANCEDFeesDueatPermit FeesDueatCOOFeesPaidDirectlyto3rdParties COMMENTSWRCOG,RCA,RCHCA(GOVTAGENCIES)**̵ ȋȌͳͳǡͲͲͲǤͲͲ̈́ ͳͳǡͲͲͲǤͲͲ̈́ Ǧ̈́ Ǧ̈́ ͵ ͳͶͻǡͳ͸ͲǤͲͲ ͳͶͻǡͳ͸ͲǤͲͲ Ǧ Ǧ ͵ ȋ Ȍ ͳǡͺͲͷǡͳͳͻǤͲͶ ȋ Ȍ ǤǤǤǤ ȋǣȀȀǤȀǦ ǦȀǦǦǦǦȋȌǤȌǦ ͳǡͺͲͷǡͳͳͻǤͲͶ Ǧ ͵ ȋ Ȍ ͵͹͵ǡͲͲ͸Ǥ͵͹ ȋ Ȍ ǤǤǤǤ ȋǣȀȀǤȀǦ ǦȀǦǦǦǦȋȌǤȌǦ ͵͹͵ǡͲͲ͸Ǥ͵͹ Ǧ ͵ ǡǡȋ Ȍ ʹǡ͵͵ͺǡʹͺͷǤͶͳͳ͸Ͳǡͳ͸ͲǤͲͲ ʹǡͳ͹ͺǡͳʹͷǤͶͳ ǦCITY ǦͶ ʹͲǤͲͲ Ǧ ʹͲǤͲͲ Ǧ Ǧ ͵ͷǡͲͲͲǤͲͲ Ǧ ͵ͷǡͲͲͲǤͲͲ Ǧ Ǧ ʹͲǡͲͲͲǤͲͲ Ǧ ʹͲǡͲͲͲǤͲͲ Ǧ ͵ͻǡͷ͹ͷǤ͹Ͷ ͷǡͲͲͲǤͲͲ ͵Ͷǡͷ͹ͷǤ͹Ͷ Ǧ ʹǤͲ͹ Ǧ ʹǤͲ͹ Ǧ ʹͲǡʹͷͺǤ͵ͺ Ǧ ʹͲǡʹͷͺǤ͵ͺ Ǧ Ͷ Ǧ Ǧ Ǧ ͷ ʹǡͺͻͶǤͲͷ Ǧ ʹǡͺͻͶǤͲͷ ǦǦ ͳͶͺǡͶͲͻǤͲʹ Ǧ ͳͶͺǡͶͲͻǤͲʹ Ǧ Ǧ ͳͻ͹ǡͺ͹ͺǤ͹Ͳ Ǧ ͳͻ͹ǡͺ͹ͺǤ͹Ͳ Ǧȋǡǡǡ ȌͶ͸ͷǡͺʹͲǤͲͲ Ǧ Ͷ͸ͷǡͺʹͲǤͲͲ Ǧ ȋ Ȍ͸ʹͶǡ͸ͺ͵ǤʹͲ Ǧ ͸ʹͶǡ͸ͺ͵ǤʹͲ Ǧ ȋ ȌͳʹͻǡͲͺ͵Ǥ͵ͷ Ǧ ͳʹͻǡͲͺ͵Ǥ͵ͷ Ǧ ͳ͹ͷǡʹͶͲǤͲͲ Ǧ ͳ͹ͷǡʹͶͲǤͲͲ Ǧ ͷͳǡͻͺ͵ǤͻͲ Ǧ ͷͳǡͻͺ͵ǤͻͲ Ǧ ͻ͵ǡ͸ͲͲǤͲͲ Ǧ ͻ͵ǡ͸ͲͲǤͲͲ Ǧ ǦͶ ʹͲǤͲͲ Ǧ ʹͲǤͲͲ Ǧ ͳʹͲǤͲͲ Ǧ ͳʹͲǤͲͲ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ Ǧ ʹǡͲͲͶǡͷͺͺǤͶͳͷǡͲͲͲǤͲͲ ͳǡͻͻͻǡͷͺͺǤͶͳ ǦǦ Ͷǡ͵Ͷʹǡͺ͹͵Ǥͺʹ̈́ͳ͸ͷǡͳ͸ͲǤͲͲ Ͷǡͳ͹͹ǡ͹ͳ͵Ǥͺʹ ǦWATER/SEWERDISTRICT(EVMWD)**Ǧ ʹͳͲǡ͵ͺͻǤ͹Ͳ̈́ ǤʹͷΨǤǡǤͳǦ Ǧ ʹͳͲǡ͵ͺͻǤ͹Ͳ ȋȌǤ̶̶ǤǦ ʹǡͳͲʹǡͲͺͺǤͻ͸ ǤʹͷΨǤǡǤͳǦ Ǧ ʹǡͳͲʹǡͲͺͺǤͻ͸ ȋȌǤ̶̶ǤǦ ʹǡ͵ͳʹǡͶ͹ͺǤ͸͸Ǧ Ǧ ʹǡ͵ͳʹǡͶ͹ͺǤ͸͸SCHOOLDISTRICT(LEUSD)*** ʹͻͳǡͳͲͻǤͺͶ ȋȌ Ǧ Ǧ ʹͻͳǡͳͲͻǤͺͶ ȋȌǤǤǦ ʹͻͳǡͳͲͻǤͺͶǦ Ǧ ʹͻͳǡͳͲͻǤͺͶ ͸ǡͻͶ͸ǡͶ͸ʹǤ͵ʹ̈́ͳ͸ͷǡͳ͸ͲǤͲͲ̈́ Ͷǡͳ͹͹ǡ͹ͳ͵Ǥͺʹ̈́ ʹǡ͸Ͳ͵ǡͷͺͺǤͷͲ̈́ȗȗ ǤǤȗȗȗ ǤǤͳǣ ̵ ǤǤǤ ǡǤ EZK REDLINE TO EZK CLEAN 2.2.17 - LE DIAMOND SPORTS CENTER DA 020217ATTACHMENT NO. 4 ATTACHMENT NO. 4 FINANCIAL RESPONSIBILITY (ATTACHED) ATTACHMENT NO. 5 CONDITIONS OF APPROVAL (ATTACHED) DIAMOND DRI 15 MI SSI ON TRLMALAGA RD CASIN O D R G R A P E S T LAKESHORE DR ELM STVILLAGE PKWYMORTON AVEHERBERT AVELAKE PARK STLINE DRAUTO CENTER D R PETE LEHR DR DAWES ST TOURNAMENT SLIDER CAM PB EL L S T SCOREBOARD FALL CLASSIC GR A P E S T I 1 5 I 1 5 LAKESHORE DR Planning Application 2016-04Vicinity Map PR OJEC T SITE ´ DIAMOND DRMALAGA RD MI SSI ON TRLPETE LEHR DR CAM PB EL L S T CASIN O D R MI SSI ON TRLSource: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, U SDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community Planning Application 2016-04Aerial Map PR OJEC T SITE ´ Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-079 Agenda Date: 2/14/2017 Status: BusinessVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 15) Page 1 City of Lake Elsinore Printed on 2/9/2017 Page 1 of 7 REPORT TO CITY COUNCIL To:Honorable Mayor and City Council Members From:Grant Yates, City Manager Date:February 14, 2017 Subject:Amended and Restated Alberhill Villages Specific Plan (SP No. 2010- 02), Development Agreement (DA 2016-02), and Addendum to Final Environmental Impact Report (SCH # 2012061046) Applicant(S)Pacific Clay Products, Inc. & The City of Lake Elsinore Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN (SCH NO. 2012061046) AND RELATED DEVELOPMENT AGREEMENT introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN NO. 2010-02 introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING GENERAL PLAN CONSISTENCY AND APPROVING A DEVELOPMENT AGREEMENT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN Background On June 14, 2016, after public hearing and consideration of all written and oral staff reports, recommendation from the Planning Commission, comments and responses to comments to the Environmental Impact Report (hereinafter defined), public testimony and other matters reflected in the record of the public hearing, the City Council approved the Alberhill Villages Specific Plan (the “AVSP”). The AVSP consists of a 1,375-acre site located south of Interstate 15 and west of Lake Street and includes approximately 8,024 dwelling units; 3,810,300 square feet of non- residential uses including civic/institutional, commercial/retail, professional office/medical and entertainment uses; university or similar educational institution use; and supporting uses including schools, parks, places of religious assembly, open space and green belt paseos. Page 2 of 7 As part of the approval of the AVSP, the City Council adopted the following: (i) Resolution No. 2016-076 certifying the Final Environmental Impact Report (SCH No. 2012061046) for the Alberhill Villages Specific Plan No. 2010-02 (the “Final EIR”), General Plan Amendment No. 2012-01 and Zone Change No. 2012-02, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program, (ii) Resolution No. 2016-77 approving General Plan Amendment No. 2012-01 which amended the Lake Elsinore General Plan land use designation for the project site to “Alberhill Villages Specific Plan,” (iii) Ordinance No. 2016-1361, effective July 28, 2016, adopting the Alberhill Villages Specific Plan No. 2012 (“AVSP”) and Zone Change 2012-02 which amended the project site’s zoning from a mix of zoning designations to “Alberhill Villages Specific Plan.” Following the June 14, 2016 adoption of the AVSP, the property owner, Pacific Clay Products, Inc. and the City engaged in discussions and have mutually proposed an Amended and Restated Alberhill Villages Specific Plan and related Development Agreement (collectively, the “Project”) in an effort to eliminate certain ambiguities and provide clarification with respect to the implementation of the AVSP, refine the AVSP land use plan, and identify a financing mechanism for the Regional Sports Park and overall AVSP community. On February 7, 2017 at a duly noticed public hearing the Planning Commission considered all oral and written testimony, and 1) recommended that the City Council adopt a Resolution approving the Addendum to the Final Environmental Impact Report; 2) recommended that the City Council adopt an ordinance approving the Amended and Restated Alberhill Villages Specific Plan; and 3) recommended that the City Council adopt an ordinance approving a Development Agreement for the Amended and Restated Alberhill Villages Specific Plan. City staff previously conducted due diligence and outreach to respond to all public comments received on the Draft Environmental Impact Report (DEIR) for the AVSP and again reached out to regulatory and government agencies advising them of the proposed Amended and Restated Alberhill Villages Specific Plan and Addendum to the Final EIR. Project Location The Amended and Restated Alberhill Villages Specific Plan boundaries are identical to project boundaries of the adopted AVSP. The AVSP project site is located just south of Interstate 15 and is west of Lake Street. The eastern project boundary borders Lake Street, the southeastern project boundary borders the Murdock Alberhill Ranch Specific Plan residential development, the western boundary borders the 1,000-acre Horsethief Canyon Ranch single-family development, and the southwest boundary borders the Cleveland National Forest. (See Vicinity Map, Attachment 1) Page 3 of 7 Project Description Amended and Restated Alberhill Villages Specific Plan No. 2010-02 The Amended and Restated Alberhill Villages Specific Plan retains the same project boundaries and same overall land uses and buildout as the adopted AVSP to provide for the development of a sustainable new community, at the northwestern gateway of the City of Lake Elsinore. When fully developed, the approximately 1,375 acre Alberhill Villages site will provide up to 8,024 residential units, distributed over a wide variety of unit types and sizes. The Amended and Restated Alberhill Villages Specific Plan also includes approximately 2,310,300 square feet of commercial building development including a University Town Center with 1,335,800 square feet of retail/community space, and medical/ office development. Additional mixed use areas will be placed in two other strategic phased locations offering 974,500 square feet of retail and service uses. Approximately 63.6 acres are designated for a university or similar education institutional use which could accommodate 6000 students and 1,500,000 square feet of indoor facilities. Regional and community amenities include an 850 student capacity elementary school on a 12-acre site, over 194 acres of natural or enhanced open space with multi-use trails, a 41.5-acre Recreational Lake and Lakeside Park, as well as a 45.9-acre City Regional Sports Park, and a 14.3-acre Public Community Park. The Amended and Restated Alberhill Villages Specific Plan divides the 1,375 acre site into six (6) separate “villages” projected to be built out over an approximate 35-year period as the existing mining activities are phased out. Each village is intended to create a unique character and would be bounded by major roadways, topography, and service area. Each village would be anchored by a central focal point such as a school, park, commercial core, or plaza so that such uses are all within a 10-minute walk or five-minute bike ride from residential areas. Implementation of Amended and Restated Alberhill Villages Specific Plan The same three-tier implementation approach is provided in the Amended and Restated Alberhill Villages Specific Plan as in the adopted AVSP that will ensure that certain project design details and standards, which cannot be anticipated at this time, are identified once development becomes imminent based on market conditions. Tier 1 is the Alberhill Villages Specific Plan, which will create an overall blueprint for land use and development regulations and a backbone circulation plan for the entire AVSP project site. Approval of the Amended and Restated Alberhill Villages Specific Plan does not allow site- specific development without additional discretionary approvals in Tiers 2 and 3. Tier 2 is the preparation of Phased Development Plans (PDP) that will provide greater detail for land use, circulation, development regulations and design guidelines for a defined geographic area when development in that area becomes imminent. PDP’s will be considered by the Planning Commission with final approval by the City Council. An approved PDP is a pre- requisite to any development within a Phase. A Traffic Impact Analysis shall be conducted for each PDP. Tier 3 will consist of design review and subdivision maps of site specific development plans in anticipation of processing building permits. Design reviews and subdivision maps will also be considered by the Planning Commission with final approval by the City Council. Page 4 of 7 Amended and Restated Alberhill Villages Specific Plan The primary provisions in the Amended and Restated Alberhill Villages Specific Plan are to 1) refine the Land Use Plan; 2) clarify ambiguities, including required setback from existing mining activities; 3) identify a financing mechanism for the 45.9 acre Regional Sports Park; and 4) clarify certain implementation provisions. There are also typographical and grammatical corrections throughout the document. Following is a summary of the key components and changes incorporated into the Amended and Restated Alberhill Villages Specific Plan. 1) Figure 3-1 Amends the land use map to remove the smaller of two lakes and refine underlying land use designations. Remainder of map stays the same. See Land Use Plan Comparison, (Attachment 2). 2) Section 3.5 (Project-Wide Development Standards) retains the requirement that all development within the Alberhill Villages Specific Plan participate in the citywide Community Facilities District (CFD) 2015-01 for law enforcement, fire and paramedic services and CFD 2015-2 for maintenance services for public rights-of-way and landscaping. Project-wide development standards that are inapplicable to a specific plan are have been deleted and will be addressed at the Phased Development Plan (Tier 2) or Subdivision Map or Design Review (Tier 3) entitlement stage. 3) Table 3-2 Clarifies timing, phasing and financial responsibility for completing parks, including the 45.9 acre Regional Sports Park. The developer will be financially responsible for planning and park design, rough grading and adjacent offsite roadway and utility infrastructure and dedication of the land for the Regional Sports Park. The developer will also pay an Alberhill Park Fee at the time of issuance of every residential building permit in the Project which will provide financing to complete the onsite Regional Sports Park improvements. The developer will complete the improvements subject to reimbursement from the Alberhill Park Fees or the City may elect to complete the improvements with the Alberhill Park Fees paid by the developer. 4) Section 4.3.12 (Interim Surface Mining Land Uses) clarifies the existing mining operations by defining “processing/crushing activities” which are conducted during the day and at night and generate significant noise, dust, light and glare compared to “extraction activities” that are conducted during the day and are comparable to grading activities conducted in connection with regular construction activities. The following setbacks requirements apply to protect new residential development from the impacts of the mining activities: Crushing Plant = 1,500 feet setback required Processing (Kilns, conveyor belt and sand plant) = 500 feet setback required Excavation Operations = 300 feet setback required 5) Section 5.5 (Specific Plan/PDP Modifications and Amendments) clarifies the implementation procedures for processing minor modifications and amendments to the Specific Plan and approved Phased development Plans. Page 5 of 7 Because the General Plan and Zoning for the site were previously changed to “Alberhill Villages Specific Plan” no General Plan or Zoning amendments are required in connection with the proposed Amended and Restated AVSP. Development Agreement The proposed development agreement would memorialize the following items: Vested Rights: The development agreement provides certainty in the development process by providing a vested right in the Amended and Restated Alberhill Villages Specific Plan and in applicability of the City’s existing land use regulations to the development of the Project. Development Agreement Fees: Pacific Clay Products will pay the City an “Initial Development Agreement Fee” (“DAG Fee”) of $100,000. In addition, the developer will pay the following DAG Fees in connection with the issuance of every building permit in the project: o Single Family (SF) Dwelling Unit - $4,500/unit o Multi-Family (MF) Dwelling Unit - $3,200/unit o Mixed-Use (MXU) Dwelling Unit - $2,500/unit o Commercial/Retail/Industrial Building - $1.00/sf o Private Institutional/Places of Worship (non-sanctuary) Building - $1.00/sf Commencing July 1, 2018, the DAG Fees shall be adjusted annually as of July 1 of each year based on the percentage increase or decrease, if any, of the Engineering News Record Construction Cost Index for the Los Angeles Metropolitan Area. Alberhill Park Fee: Prior to the issuance of any residential building permit in the Project, the developer will pay the City an “Alberhill Park Fee” in an amount equal to $2.00 per square foot of assessable space that will be deposited by City in a segregated account (the “Alberhill Park Fund”) and used to fund the improvements to the 45.9 acre Regional Sports Park. The developer’s obligation to pay the Alberhill Park Fee survives termination of the Agreement to ensure a funding mechanism for completion of the park improvements. Existing Development Fees: During the term of the agreement, the developer shall pay existing development impact fees at the rate in effect at the time of the issuance of building permits subject only to a 5-year lock for building permits issued for development within a Phased Development Plan for a five-year period following approval of that PDP. The developer will be exempt from newly enacted development impact fees, if any. The proposed development agreement has been reviewed for consistency with respect to the State Government Code and the Lake Elsinore Municipal Code and has been found to meet all legal requirements. Environmental Determination The Final Environmental Impact Report prepared for the AVSP was certified by the City Council on June 14, 2016 by Resolution No. 2016-076 certifying the Final Environmental Impact Report Page 6 of 7 (SCH No. 2012061046) for the Alberhill Villages Specific Plan No. 2010-02 (the “Final EIR”), General Plan Amendment No. 2012-01 and Zone Change No. 2012-02, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program. The Final EIR and Technical Appendices are available on the City’s website http://www.lake-elsinore.org/city- hall/city-departments/community-development/planning/ceqa-documents-available-for-public- review/alberhill-villages-specific-plan. In accordance with CEQA, the City has prepared an Addendum to the Final EIR for the proposed Amended and Restated Alberhill Villages Specific Plan and the related Development Agreement (the “Project”). Based on the Addendum, the Project does not introduce any new significant environmental effects, nor will it result in any new significant unavoidable project impacts beyond those previously identified in the Final EIR. Consequently, no new mitigation measures are proposed. Relationship to the Existing AVSP and Pending Initiative The Amended and Restated Alberhill Villages Specific Plan and Development Agreement refine and improve the AVSP adopted in June 2016 by eliminating ambiguities and providing certainty in the development process. City staff supports the Amended and Restated Alberhill Villages Specific Plan as a better document regulating the future development of the proposed Alberhill Villages project. If the Amended and Restated Alberhill Villages Specific Plan is approved it will replace the June 14, 2016 adopted AVSP. The Amended and Restated Alberhill Villages Specific Plan is vastly superior to the pending initiative. If the initiative were to pass, it would supersede the proposed Amended and Restated Alberhill Villages Specific Plan and the Development Agreement would automatically terminate. Fiscal Impact The developer will pay an initial $100,000 Development Agreement (DAG) Fee which is intended to offset the City’s administrative cost and legal fees related to the preparation of the Development Agreement and the cost of the May 2, 2017 special municipal election. The developer will also pay a DAG Fee on a per residential unit and per non-residential square footage basis. Assuming full build-out at the DAG Fee rates today, the developer will pay approximately $30.6 million to the City. The DAG Fees adjust annually and, depending on build-out, the amount of DAG Fees paid will increase over time. In addition, the developer will pay an Alberhill Park Capital Fee on a per unit basis which is anticipated to generate approximately $23.9 million at build-out which will fund the 45.9 acres sports park improvements. The developer is also responsible to pay the City’s existing categories of development impact fees at the rate in effect when building permits are issued, subject only to a periodic 5-year lock within each PDP upon approval of that PDP. The developer will also annex into CFD 2015-1 for Public Safety Services and CFD 2015-2 for maintenance services costs to fund police, fire, animal control, park maintenance, open space, drainage, street lighting, street maintenance, and traffic signal maintenance with the option of providing alternative funding for these costs through a separate structure. Page 7 of 7 Exhibits A. Addendum to FEIR Resolution B. Amended and Restated AVSP Ordinance C. Development Agreement Ordinance D. Vicinity Map E. Land Use Plan Comparison Maps F. Addendum to the Final EIR (Final EIR is available on the City’s website http://www.lake- elsinore.org/city-hall/city-departments/community-development/planning/ceqa- documents-available-for-public-review/alberhill-villages-specific-plan) G. Amended and Restated AVSP H. Development Agreement RESOLUTION NO. 2017-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN (SCH NO. 2012061046)AND RELATED DEVELOPMENT AGREEMENT Whereas,On June 14, 2016, after public hearing and consideration of all written and oral staff reports, recommendation from the Planning Commission, comments and responses to comments to the Environmental Impact Report (hereinafter defined), public testimony and such other matters as are reflected in the record of the public hearing, the City Council of the City of Lake Elsinore approved the following which are collectively referred to herein as the “Project”: (i)Resolution No. 2016-076 certifying the Final Environmental Impact Report (SCH No. 2012061046) for the Alberhill Villages Specific Plan No. 2010-02 (the “Final EIR”), General Plan Amendment No. 2012-01 and Zone Change No. 2012-02, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program, (ii)Resolution No. 2016-77 approving General Plan Amendment No. 2012-01 which amended the Lake Elsinore General Plan land use designation for the project site’s to “Alberhill Villages Specific Plan” the property to “Alberhill Villages Specific Plan,” (iii)Ordinance No. 2016-1361, effective July 28, 2016, adopting the Alberhill Villages Specific Plan No. 2012 (“AVSP”) and Zone Change 2012-02 which amended the project site’s zoning from a mix of zoning designations to “Alberhill Villages Specific Plan”; Whereas,the Project consists of a 1,375-acre site located south of Interstate 15 and west of Lake Street and includes approximately 8,024 dwelling units; 3,810,300 square feet of non- residential uses including civic/institutional, commercial/retail, professional office/medical and entertainment uses; university or similar education institutional use; and supporting uses including schools, parks, places of religious assembly, open space and green belt paseos; Whereas,following the June 14, 2016 adoption of the Project, the property owner, Pacific Clay Products, Inc. and the City engaged in discussions and have mutually proposed an Amended and Restated Alberhill Villages Specific Plan and related Development Agreement in an effort to eliminate certain ambiguities and provide clarification with respect to the implementation of the AVSP, refine the AVSP land use plan, and identify a financing mechanism for the Regional Sports Park; Whereas, the requirements of the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: “CEQA”) and the State Guidelines for Implementation of CEQA (title 14, Cal. Code Regs. §§ 15000 et seq.: the “CEQA Guidelines”) are applicable to discretionary projects, which are defined in CEQA Guidelines Section 15357 as “a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations”; Reso No. 2017-___ Addendum to Final EIR - Amended and Restated AVSP Page 2 of 5 Whereas, Section 15164 (a) of the CEQA Guidelines provides that “The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred”; Whereas, CEQA Guidelines Section 15162(a) states that “When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (i)Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii)Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (iii)New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A)The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B)Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C)Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D)Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative”; Whereas,in accordance with the CEQA Guidelines, the City has prepared an Addendum to the Final EIR, attached hereto as Exhibit “A,” for the proposed Amended and Restated Alberhill Villages Specific Plan and the related Development Agreement (collectively, the Entitlements”); Whereas,the Planning Commission has been delegated with the responsibility of making recommendations to the City Council for approving environmental documents and public notice of the Addendum to the Final EIR and the proposed Amended and Restated Alberhill Villages Specific Plan and related Development Agreement has been given; and Reso No. 2017-___ Addendum to Final EIR - Amended and Restated AVSP Page 3 of 5 Whereas, on February 7, 2017, the Planning Commission considered evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing held with respect to the Final EIR and Addendum thereto and by Resolution No. 2017- 18 recommended that the City Council approve the Addendum to the Final Environmental Impact Report For The Amended And Restated Alberhill Villages Specific Plan (SCH No. 2012061046) and related Development Agreement. Whereas, on February 14, 2017 the City Council conducted a duly noticed public hearing and considered all public oral and written testimony. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1.The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2.The City Council has considered and evaluated the Addendum to the Final EIR prepared for the Entitlements with the previously certified Final EIR (http://www.lake- elsinore.org/city-hall/city-departments/community-development/planning/ceqa-documents- available-for-public-review/alberhill-villages-specific-plan). The City Council determines that the Addendum to the Final EIR was prepared in conformance with CEQA, reflects its independent judgment, and is the appropriate environmental document for the Entitlements based upon the following findings: 1.The Addendum to the Final EIR is complete, contains all required information, and has been completed in compliance with CEQA, utilizing criteria set forth in Section 15164 of the CEQA Guidelines. 2.The Entitlements do not introduce any new significant environmental effects, nor will they result in any new significant unavoidable project impacts beyond those previously identified in the Final EIR. 3.The Entitlements do not propose substantial changes to the project as analyzed under the Final EIR, that would require major revisions to the Final EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects. 4.No new information of substantial importance exists, which was either unknown or could not have been known at the time that the Final EIR was certified, to show that the Entitlements will have significant effects that were not described in the Final EIR, that significant effects that were examined in the Final EIR will be more severe as a result of the Entitlement, that mitigation measures or alternatives previously found infeasible would in fact be feasible, or that new mitigation measures are necessary for the Entitlements. 5.The Addendum to the Final EIR is, therefore, the appropriate document because changes and modifications proposed by the Entitlements are necessary but do not trigger any of the conditions set forth in CEQA Guidelines Section 15162. Reso No. 2017-___ Addendum to Final EIR - Amended and Restated AVSP Page 4 of 5 Section 3.The City Council finds that the Addendum to the Final EIR for the Entitlements is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto. The City Council has reviewed and considered the information contained in the Final EIR (http://www.lake-elsinore.org/city- hall/city-departments/community-development/planning/ceqa-documents-available-for-public- review/alberhill-villages-specific-plan) and the Addendum thereto and finds that they represent the independent judgment of the City. Section 4.Based upon all of the evidence presented and the above findings, the City Council of the City of Lake Elsinore approves the Addendum along with the Final EIR for the Project. Section 5. If any provision of this Resolution 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 Resolution shall take effect from and after the date of its passage and adoption. Passed and Adopted this 14th day of February, 2017. _______ Robert Magee, Mayor Attest: ___________________________________ Susan Domen, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE }SS I, Susan Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-___ was adopted by the City Council of the City of Lake Elsinore, California at the Regular meeting of February 14, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Reso No. 2017-___ Addendum to Final EIR - Amended and Restated AVSP Page 5 of 5 ___ Susan Domen, MMC, City Clerk ORDINANCE NO. 2017-______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN NO. 2010-02 WHEREAS,On June 14, 2016, after public hearing and consideration of all written and oral staff reports, recommendation from the Planning Commission, comments and responses to comments to the Environmental Impact Report (hereinafter defined), public testimony and such other matters as are reflected in the record of the public hearing, the City Council of the City of Lake Elsinore approved the following which are collectively referred to herein as the “Project”: (i)Resolution No. 2016-076 certifying the Final Environmental Impact Report (SCH No. 2012061046) for the Alberhill Villages Specific Plan No. 2010-02 (the “Final EIR”), General Plan Amendment No. 2012-01 and Zone Change No. 2012-02, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program, (ii)Resolution No. 2016-77 approving General Plan Amendment No. 2012- 01 which amended the Lake Elsinore General Plan land use designation for the project site to “Alberhill Villages Specific Plan,” (iii)Ordinance No. 2016-1361, effective July 28, 2016, adopting the Alberhill Villages Specific Plan No. 2012 (“AVSP”) and Zone Change 2012-02 which amended the project site’s zoning from a mix of zoning designations to “Alberhill Villages Specific Plan”; WHEREAS,the Project consists of a 1,375-acre site located south of Interstate 15 and west of Lake Street and includes approximately 8,024 dwelling units; 3,810,300 square feet of non-residential uses including civic/institutional, commercial/retail, professional office/medical and entertainment uses; university or similar educational institution; and supporting uses including schools, parks, places of religious assembly, open space and green belt paseos; WHEREAS,following the June 14, 2016 adoption of the Project, the property owner, Pacific Clay Products, Inc. and the City engaged in discussions and have mutually proposed an Amended and Restated Alberhill Villages Specific Plan and related Development Agreement (collectively, the “Entitlements”) in an effort to eliminate certain ambiguities and provide clarification with respect to the implementation of the AVSP, refine the AVSP land use plan, and identify a financing mechanism for the Regional Sports Park; WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA Guidelines”); WHEREAS, in accordance with Section 15164 (a) of the CEQA Guidelines the City prepared an Addendum to the previously certified Final EIR for the Entitlements; WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to proposed Specific Plans and Development Agreements Ord. No. 2017-____ AVSP – Amended & Restated Page 2 of 5 Whereas, on February 7, 2017, the Planning Commission considered evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing held with respect to the Amended and Restated Alberhill Villages Specific Plan and by Resolution No. 2017- 19 recommended that the City Council adopt an Ordinance approving the Amended and Restated Alberhill Villages Specific Plan No. 2010-02; Whereas, on February 14, 2017 the City Council conducted a duly noticed public hearing and considered all public oral and written testimony. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On February 14, 2017, 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. 2017-___ finding and determining that that the Addendum to Environmental Impact Report (State Clearinghouse No. 2012061046: the “EIR”) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA); and that the Addendum to the Final EIR represents the City’s independent judgment. Based upon those findings and determinations, the Council approves the Addendum to the Final Environmental Impact Report. The Addendum to the FEIR provides the necessary environmental clearance for the Amended and Restated AVSP No. 2010-02. Section 2. The Council has reviewed and analyzed the proposed Amended and Restated AVSP No. 2010-02 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the LEMC and finds and determines that the proposed Amended and Restated Alberhill Villages Specific Plan No. 2010-02 are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the LEMC. Section 3. That in accordance with the State Planning and Zoning Law and Chapter 17.204 (SPD Specific Plan District) of the LEMC the Council hereby makes the following findings for the approval of the Amended and Restated AVSP No. 2010-02: 1.The location and design of the proposed development shall be consistent with the goals and policies of the City’s General Plan and with any other applicable plan or policies adopted by the City. The land uses and densities associated with the Amended and Restated Alberhill Villages Specific Plan provide a variety of lot and home size product type and non- residential uses in order to implement the objectives of the City’s General Plan and the project proponents. The existing General Plan designation for the 1,375-acre Project site is “Alberhill Villages Specific Plan” which allows up to 8,024 dwelling units and 3,810,300 square feet of non-residential uses which remain unchanged in the Amended and Restated Alberhill Villages Specific Plan. 2.The proposed Amended and Restated Alberhill Villages Specific Plan will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. Ord. No. 2017-____ AVSP – Amended & Restated Page 3 of 5 The proposed Amended and Restated Alberhill Villages Specific Plan will allow for the development of the Alberhill Villages Specific Plan, a master planned development with approximately 8,024 dwelling units; 3,810,300 square feet of non-residential uses including civic/institutional, commercial/retail, professional office/medical and entertainment uses; university or similar education institutional use; and supporting uses including schools, parks, places of religious assembly, open spaced and green belt paseos. 3.All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. A Traffic Impact Analysis dated October 14, 2015, was prepared by Linscott, Law and Greenspan (LLG) for the Alberhill Villages Specific Plan and its related cases. The Traffic Impact Analysis provided mitigation measures through all phases of development of the specific plan. Additionally LLG conducted a traffic impact evaluation of the potential traffic impacts associated with the Amended and Restated Alberhill Villages Specific Plan and determined that the traffic impacts will be equal to or less than the traffic impacts identified in the existing AVSP. 4.The overall design of the Amended and Restated Alberhill Villages Specific Plan will produce an attractive, efficient and stable development. Design standards and guidelines have been incorporated into the specific plan to ensure an attractive, efficient and vibrant project. Visual graphics and photos accompany the design guidelines that capture the atmosphere and cohesiveness that the specific plan seeks to emulate. 5.The proposed Amended and Restated Alberhill Villages Specific Plan will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Amended and Restated Alberhill Villages Specific Plan has been analyzed relative to its potential to have detrimental effects and conditions have been imposed on the subject project to ensure that the health, safety and welfare of surrounding residents will be protected. 6.The proposed development will not have a significant effect on the environment. The effects of the project have been analyzed in the Final Environmental Impact Report (SCH #2012061046) prepared for the project and adequate mitigation measures have been prepared where necessary, and as determined by the Addendum to the Final EIR prepared for the Amended and Restated Alberhill Villages Specific Plan and related Development Agreement no new significant environmental impacts will result from the Entitlements. Ord. No. 2017-____ AVSP – Amended & Restated Page 4 of 5 Section 4. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council adopts the Amended and Restated AVSP No. 2010-02. 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 Ordinance 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 this ___th day of February, 2017. Robert Magee, Mayor Attest:Approved as to Form Susan M. Domen, MMC, City Clerk Barbara Leibold, City Attorney 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 Ordinance No. 2017-____ was introduced at the regular meeting of held on the 7th day of February, 2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of February ___, 2017 by the following vote: AYES: NOES: ABSTAIN: ABSENT: __________________________________ Ord. No. 2017-____ AVSP – Amended & Restated Page 5 of 5 Susan M. Domen, MMC, City Clerk ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN Whereas, Pacific Clay Products, Inc., has requested approval of a Development Agreement for the Amended and Restated Alberhill Villages Specific Plan (AVSP) regulating development of an approximately 1,375 acre site located south of Interstate 15 and west of Lake Street which allows approximately 8,024 dwelling units; 3,810,300 square feet of non-residential uses including civic/institutional, commercial/retail, professional office/medical and entertainment uses; university or similar education institutional use; and supporting uses including schools, parks, places of religious assembly, open space and greenbelt paseos (Project); and, Whereas, pursuant to LEMC Chapter 19.12 (Development Agreements) the Planning Commission (Commission) of the City of Lake Elsinore (City) has been delegated with the responsibility of reviewing and making a recommendation to the City Council (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, 2017, the Planning Commission considered evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing held with respect to the Development Agreement for the Amended and Restated Alberhill Villages Specific Plan and by Resolution No. 2017- 20 recommended that the City Council adopt an Ordinance approving the Development Agreement; Whereas, on February 14, 2017 the Council of the City conducted a duly noticed Public Hearing and considered oral and written testimony. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. On February 14, 2017, 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 approved the Addendum to the Final EIR (SCH 2012061046) and approval of the Amended and Restated AVSP. Section 2. That in accordance with California Planning and Zoning Law and the Lake Elsinore Municipal Code (LEMC) Section 19.12.070 (Commission report), the Council makes the following findings regarding Development Agreement No. 2016-02: 1. It is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan; The proposed Development Agreement will facilitate the development of a large Mixed Use development. The proposed facility is located in the Specific Plan General Plan Land use designation and is located within the Alberhill District planning district. The Alberhill planning district calls for a mixed use of residential, commercial and industrial uses with extractive overlay that will be phased out overtime as development proceeds. Goal 1 implementation Ord. No. 2017-______ Page 2 of 3 program asserts the primary goal of the Alberhill District is to support and maintain a healthy transition from extractive / mining activities to a network of residential communities with a balanced mix of residential, commercial, light industrial, business professional, and institutional / public uses that provide a sense of place and high quality of life. 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; The proposed Development Agreement will facilitate the development of a large mixed use mater planned community as set forth in the Amended and Restated AVSP. The Alberhill District specifies a variety of mixed uses that provide a high quality of life that is compatible with existing uses in the vicinity. The Amended and Restated AVSP Project is consistent with uses authorized in Alberhill District. 3. It is in conformity with public convenience, general welfare and good land use practices; The approved Amended and Restated AVSP which will be facilitated through the proposed Development Agreement was found to be a high value development which will beneficial impacts to the surrounding community. Furthermore, any proposed adverse impacts have been mitigated to levels of less than significance. 4. It will not be detrimental to the health, safety and general welfare; The proposed Development Agreement will facilitate the development a large mixed use Project area. The previously approved AVSP was found not 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; The proposed Development Agreement will facilitate the development a large mixed use Project. The Amended and Restated AVSP was found not adversely affect the orderly development of property or the preservation of property values. 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 3. Based upon the evidence presented and the above findings, the Council of the City, hereby approves Development Agreement No. 2017-02. Section 4. 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. Ord. No. 2017-______ Page 3 of 3 Section 5. 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 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 this ___th day of February, 2017. Robert Magee, Mayor Attest:Approved as to Form Susan M. Domen, MMC, City Clerk Barbara Leibold, City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 2017-__ was introduced at the Regular meeting of February 14th 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: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk VICINITY MAP ADOPTED AVSP AMENDED AND RESTATED AVSP ADDENDUM to the FINAL ENVIRONMENTAL IMPACT REPORT [State Clearinghouse No. 2012061046] for the AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN and DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PACIFIC CLAY PRODUCTS, LLC [collectively, the “Activity”] Prepared by: CITY OF LAKE ELSINORE 150 South Main Street Lake Elsinore, California 92530 Contact: Grant Taylor, Community Development Director ORGANIZATION OF THE ADDENDUM This Addendum is organized as follows: Section 1.States the purpose of the Addendum, summarizes it, and provides the address where documents referred to herein may be reviewed. Section 2.Gives the Activity’s location within the Project Area. Section 3.Describes the Activity. Section 4.Summarizes prior CEQA review for the Project. Section 5.Overviews the application of CEQA to the Activity. Section 6.Briefly explains the City’s decision not to prepare a subsequent EIR for the Activity. Section 7.Provides the Preliminary (checklist) Review of the Activity. Attached to this Addendum are the following: 1. INTRODUCTION A.Purpose This Addendum to the certified Final Environmental Impact Report (“FEIR”) [State Clearinghouse No. 2012061046] for the previously approved Alberhill Villages Specific Plan (the “Project”) addresses the potential environmental impacts that may result from approval of a proposed Amended and Restated Alberhill Villages Specific Plan and proposed Development Agreement (collectively, the “Activity”) by the City of Lake Elsinore (“City”). The Activity would amend the Project by making textual changes to it as well as other minor physical changes described below and give the owner of the Project site rights under the Development Agreement but would not substantially change either the Project’s boundaries or its previously approved build-out densities. This Addendum will be used by the City in its evaluation and analysis of the Activity. The City is designated the “lead agency” for California Environmental Quality Act (Public Resources Code § 21000 et seq.: “CEQA”) compliance. In accordance with Section 21067 of CEQA, the lead agency is the public agency which has the principal responsibility for carrying out or approving a project which may have significant effects upon the environment. B.Executive Summary The previously approved Project is a specific plan that includes approximately 8,244 dwelling units; 4,007,000 square feet of non-residential uses including civic/institutional, commercial/retail, professional office/medical and entertainment uses; a university campus or similar educational institution; and supporting uses including schools, parks, places of religious assembly, open space and green belt paseos; a General Plan amendment changing Project site’s land use designation to “Alberhill Villages Specific Plan” and changes the General Plan’s Circulation Element within the Project site; and a Zone Change changing the Project site’s zoning from a mix of zoning designations to “Alberhill Villages Specific Plan.” In connection with the City’s approval of the Project and in compliance with CEQA, the FEIR was prepared to analyze potentially significant environmental impacts that might result as a consequence of implementing the Project. The City certified the FEIR less than a year ago on June 14, 2016, and concurrently adopted the mitigation monitoring program set forth in the FEIR. In order to ascertain whether the FEIR adequately identified and addressed any potentially significant environmental effects which may result from the Activity, City staff undertook additional analysis prior to the City taking any discretionary action in connection with the Activity. Based upon that analysis, City staff concluded that (i) approving the Activity would not have a significant effect on the environment, (ii) the FEIR adequately disclosed the environmental issues associated with implementing the Activity, and (iii) while changes and/or additions to the FEIR are necessary, none of the conditions set forth in Section 15162 of the Guidelines for Implementation of CEQA (Title 14, California Code of Regulations § 15000 et seq.: “CEQA Guidelines”), have Page 1 occurred. Consequently, City staff’s analysis has resulted in the preparation of this “addendum” to the FEIR in accordance with Section 15164 of the CEQA Guidelines. C.Location of Documents Copies of the Project, its FEIR, the proposed Amended and Restated Alberhill Village Specific Plan and Development Agreement, and all documents referenced herein, are available for public review during normal working hours at the offices of the City located at 150 South Main Street, Lake Elsinore, California 92530. 2.ACTIVITY LOCATION The site of the Activity (the “Site”) encompasses approximately 1,375 acres and is located in the northwest part of the City just south of Interstate 15. The Site has nearly identical boundaries as the previously approved Project, with the eastern boundary bordering Lake Street, the southeastern boundary bordering the Murdock Alberhill Ranch Specific Plan residential development, and the western boundary bordering the 1,000-acre Horsethief Canyon Ranch single-family planned development. A map showing the general location of the Site is attached hereto as Exhibit A. Mining operations dating back to the 19th century continue to exist on a majority of the Site. 3.ACTIVITY DESCRIPTION In implementation of the Project, the City proposes to approve the Amended and Restated Alberhill Village Specific Plan, thereby amending and restating the Project and making the following changes to it: •The removal of the Castle & Cooke Commercial-CA, Inc., parcel of 9.09 acres located at the northwest corner of Lake Street and Temescal Canyon Road. •The removal of the Castle & Cooke Alberhill Ranch Homebuilding, Inc., 16.7 acre parcel located along the southerly portion of Temescal Canyon Road and the westerly portion of Lake Street near the intersection of Temescal Canyon Road and Lake Street. •The elimination of the westerly Lake Area in the Phase 3 portion of Project adjacent to “C” Street (reducing the amount of Lake Area from 39.6 acres to 26.0 acres). •The Land Area in Phase 3, previously occupied by the 13.6 acre Lake, was reconfigured to include added SF-5, SF-10 and MF-35 Residential Areas and Page 2 an 18.6 acre park area. A 3.2 acre Open Space Area was combined into the 21.3 acre Park Area. •Minor clarifications of parcel lines in the Commercial and Open Space Land Use Areas in and around Temescal Canyon Road and Lincoln Street have been made due to the removal of the two adjacent Castle & Cooke parcels whose removal was incorrectly depicted in the City’s Approved Land Use Plan, and to match the City’s Temescal Canyon Road Bridge replacement project alignment. •Identical to the previously approved Project, a 500-foot wide wildlife corridor is shown within the Amended and Restated Alberhill Village Specific Plan. The proposed land use changes the Amended and Restated Alberhill Villages Specific Plan provides for are minimal in relation to the approved Project, and the land form changes are also minimal. Review of the stormwater detention capacity of the Project in light of the lake reconfiguration concludes that the proposed configuration of the 26.0 acre lake contains an adequate amount of storage capacity available to accommodate stormwater detention for the Project. The FEIR’s Technical Appendices identified 16.9 acre-feet of detention required for the drainage subarea tributary to the 26.0 acre lake. The total volume of the proposed 26.0 acre lake is 312.4 acre-feet to its high water mark. The 16.9 acre feet of storage relates to less than 0.7 feet of depth in the Lake Area and the Lake Area has significant storage capabilities such that the removal of the 13.6 acre lake west of “C” Street does not impact the Lake Area’s detention capabilities. In addition to the de minimus impact of the hydrology, elimination of the 13.6 acre lake will provide for a lesser amount of spring fed water dependency for the Lake Area. This is more advantageous for ongoing water conservation for the Project and the Elsinore Valley, and the remaining 26.0 acre lake will continue to be a recreational feature for the Project and City and area residents. In addition, at the request of the Site’s owner, Pacific Clay Products, LLC, the City will consider entering into a Development Agreement with the owner pursuant to Government Code Sections 65864, et seq. If approved, the Development Agreement would not cause any direct or indirect physical changes to the environment or economic or social impacts that would result in physical changes to the environment. 4.PRIOR CEQA REVIEW FOR THE PROJECT On December 13, 2011, the City Council of the City adopted the City’s current General Plan. As the California Supreme Court has noted, a city’s general plan is its “constitution for all future development” within its jurisdiction and the single most important planning document governing its land use. (Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540.) Prior to adopting the General Plan, on December 13, 2011, the City certified a final EIR for it (State Clearinghouse No. 2005121019). Page 3 One step below the general plan in the land use approval hierarchy, and used for systematically implementing the general plan in a specific geographical area, is the specific plan. Once a city has adopted a general plan, it “may ... prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan.” (Government Code § 65450.) Similar to the way a general plan must include certain elements, a specific plan must include, by text and diagram, the following: (1)The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2)The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3)Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4)A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). (Government Code § 65451.) A specific plan must also include a statement of the relationship of the specific plan to the general plan. (Id.) Other subjects may be included if, in the judgment of the City’s judgment, they “are necessary or desirable for implementation of the general plan.” (Government Code § 65452.) A specific plan cannot be adopted unless it is consistent with the general plan. (Government Code § 65454.) On June 14, 2016, the City Council of the City adopted Ordinance No. 2016-1361, approving the Project as the specific plan for the Site and amended the General Plan. In accordance with CEQA and the CEQA Guidelines, the FEIR was prepared to identify and analyze the potential environmental impacts associated with public and private activities undertaken to implement the Project within the Site. By its adoption of Resolution No. 2016-076 on June 14, 2016, the City Council certified the FEIR and adopted findings, a statement of overriding considerations, and a mitigation monitoring and reporting program. 5.APPLICATION OF CEQA TO THE ACTIVITY According to the California Supreme Court, “The foremost principle under CEQA is that the Legislature intended the act ‘to be interpreted in such manner as to afford the fullest possible Page 4 protection to the environment within the reasonable scope of the statutory language.’” (Laurel Heights Improvement Assn. v. Regents of the University of California (1988) 47 Cal.3d 376.) CEQA achieves this goal by disclosing the potentially significant environmental effects of “projects.” Section 15378 of the CEQA Guidelines defines a “project” under CEQA to mean: the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment ... The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval. Sections 15150 and 15152 of the CEQA Guidelines encourage the use of incorporation by reference and “tiering” to eliminate repetitive discussions of the same issues and focus the analysis on the actual issues ripe for decision at each level of environmental review. “‘Tiering’ refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project.” (CEQA § 15152(a).) Lead agencies are encouraged to tier the environmental analyses they prepare. CEQA Guidelines Section 15153 authorizes a lead agency to employ a single EIR to describe more than one project, if the projects are essentially the same in terms of environmental impact. Further, a lead agency may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. However, on September 19, 2016, the California Supreme Court provided much needed clarification to the operation of CEQA’s “subsequent review” rules in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (2016) 1 Cal.5th 937, resolving a disagreement among appellate courts: When an agency proposes changes to a previously approved project, CEQA does not authorize courts to invalidate the agency’s action based solely on their own abstract evaluation of whether the agency’s proposal is a new project, rather than a modified version of an old one. Under the statutory scheme, the agency’s environmental review obligations depend on the effect of the proposed changes on the decision- making process, rather than on any abstract characterization of the project as “new” or “old.” An agency that proposes project changes thus must determine whether the previous environmental document retains any relevance in light of the proposed changes and, if so, whether major revisions to the previous environmental document are nevertheless required due to the involvement of new, previously unstudied significant environmental impacts. These are determinations for the agency to make in the first instance, subject to judicial review for substantial evidence. * * * Page 5 … [W]hether an initial environmental document remains relevant despite changed plans or circumstances – like the question whether an initial environmental document requires major revisions due to changed plans or circumstances – is a predominantly factual question. It is thus a question for the agency to answer in the first instance, drawing on its particular expertise. To assist in answering this question, CEQA Guidelines Section 15162 provides the following test for determining if a subsequent EIR or a supplement to an EIR is required: (a)When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1)Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2)Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3)New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A)The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B)Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C)Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D)Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially Page 6 reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In turn, CEQA Guidelines Section 15168 sets out procedures for conducting CEQA review on a subsequent activity involving a site specific operation undertaken pursuant to a previously approved project.1 According to the procedures set forth in subdivision (c) of Section 15168: Subsequent activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. (1)If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration. (2)If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.” (3)An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into subsequent actions in the program. (4)Where the subsequent activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the program EIR. (5)A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR, and no further environmental documents would be required. 1 In its discussion of Section 15168, the Governor’s Office of Planning and Research notes that: “Use of the program EIR also enables the Lead Agency to characterize the overall program as the project being approved at that time. Following this approach when individual activities within the program are proposed, the agency would be required to examine the individual activities to determine whether their effects were fully analyzed in the program EIR. If the activities would have no effects beyond those analyzed in the program EIR, the agency could assert that the activities are merely part of the program which had been approved earlier, and no further CEQA compliance would be required. This approach offers many possibilities for agencies to reduce their costs of CEQA compliance and still achieve high levels of environmental protection.” Page 7 Following the directive of Section 15168(c)(4), City staff utilized a written checklist to document its evaluation of the Site and the Activity to determine whether the environmental effects of the Activity were covered in the FEIR; specifically, to determine whether any of the conditions or factors identified in CEQA Guidelines Section 15162 or 15163 required the preparation of either a subsequent EIR or supplement to the FEIR. (The City’s checklist is set forth below in Section 7.) 6.EXPLANATION OF DECISION NOT TO PREPARE SUBSEQUENT EIR In evaluating the proposed Activity, the City’s focus was two-fold. First, the City compared the proposed Activity with the list of issue areas set forth in the June 2012 Alberhill Villages Specific Plan Initial Study (“IS”) that was included as Appendix A to the FEIR. Second, following the Supreme Court’s guidance in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, City staff reviewed the FEIR to determine what items discussed therein could be further clarified or elaborated since the FEIR’s certification. As a result of this investigation, City staff determined that none of the conditions described in Section 15162 of the CEQA Guidelines would occur as a result of the Activity to cause the City to prepare either a subsequent EIR or a supplemental EIR for the Activity. Based upon a Site-specific review of the proposed Activity’s potential environmental effects, City staff concluded that the FEIR adequately analyzed, pursuant to applicable legal standards, any potentially significant environmental effects which might result from the proposed Activity, and that such effects were addressed by mitigation measures based on the FEIR’s analyses. However, City staff also concluded from this investigation that it would be helpful to provide the public with information updating and amplifying some of the points raised in the FEIR as they pertain to the Activity. Section 15164 of the CEQA Guidelines provides a way for the City to update, amplify and make changes or additions to a previously certified EIR in situations such as this where neither a subsequent EIR nor supplement to an EIR is required. According to Section 15164, the City must prepare an “addendum” to the FEIR “if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred.” Consequently, preparation of this Addendum was selected as the most appropriate CEQA compliance document utilizing the criteria set forth in Sections 15168 and 15164 of the CEQA Guidelines. This Addendum has been prepared in accordance with CEQA and the CEQA Guidelines and also complies with the appropriate rules, regulations, and procedures for the City. 7.Preliminary “Checklist” Review [Public Resources Code § 15168(c)(4)] (see following pages) Page 8 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact I. AESTHETICS. Would the Activity: a)Have a substantial adverse effect o n a scenic vista?X b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c)Substantially degrade the existing visual character or quality of the site and its surroundings?X d)Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? X II. AGRICULTURE AND FORESTRY RESOURCES. Would the Activity: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b)Conflict with existing zoning for agricultural use, or a Williamson Act contract?X Page 9 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact c)Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d)Result in the loss of forest land or conversion of forest land to non-forest use?X e)Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X III. AIR QUALITY. Would the Activity: a)Conflict with or obstruct implementation of the applicable air quality plan?X b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X Page 10 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? X d)Expose sensitive receptors to substantial pollutant concentrations?X e)Create objectionable odors affecting a substantial number of people?X IV. BIOLOGICAL RESOURCES. Would the Activity: a)Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b)Have a substantial adverse effect o n any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X Page 11 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact c)Have a substantial adverse effect o n federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Page 12 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact V. CULTURAL RESOURCES. Would the Activity: a)Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d)Disturb any human remains, including those interred outside of formal cemeteries?X VI. GEOLOGY AND SOILS. Would the Activity: a)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X Page 13 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact ii)Strong seismic ground shaking?X iii)Seismic-related ground failure, including liquefaction?X iv)Landslides?X c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Activity, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d)Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e)Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X VII. GREENHOUSE GAS EMISSIONS. Would the Activity: a)Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X Page 14 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact b)Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the Activity: a)Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? X b)Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X Page 15 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact e)For an Activity located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Activity result in a safety hazard for people residing or working in the Activity area? X f)For an Activity within the vicinity of a private airstrip, would the Activity result in a safety hazard for people residing or working in the Activity area? X g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X IX. HYDROLOGY AND WATER QUALITY. Would the Activity: a) Violate any water quality standards or waste discharge requirements?X Page 16 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? X e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? X f) Otherwise substantially degrade water quality?X Page 17 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? X h)Place within a 100-year flood hazard area structures that would impede or redirect flood flows?X i)Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j)Inundation by seiche, tsunami, or mudflow?X X. LAND USE AND PLANNING. Would the Activity: a)Physically divide an established community? X b)Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Activity (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c)Conflict with any applicable habitat conservation plan or natural community conservation plan?X Page 18 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact XI. MINERAL RESOURCES. Would the Activity: a)Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X XII. NOISE. Would the Activity result in: a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b)Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?X c)A substantial permanent increase in ambient noise levels in the Activity vicinity above levels existing without the Activity? X d)A substantial temporary or periodic increase in ambient noise levels in the Activity vicinity above levels existing without the Activity? X Page 19 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact e)For an Activity located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Activity expose people residing or working in the Activity area to excessive noise levels? X f)For an Activity within the vicinity of a private airstrip, would the Activity expose people residing or working in the Activity area to excessive noise levels? X XIII. POPULATION AND HOUSING. Would the Activity: a)Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b)Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c)Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Page 20 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact XIV. PUBLIC SERVICES. Would the Activity result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a)Fire protection?X b)Police protection?X c)Schools?X d)Parks?X e)Other public facilities?X XV. RECREATION. a)Would the Activity increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? X b)Does the Activity include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? X Page 21 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact XVI. TRANSPORTATION/TRAFFIC. Would the Activity: a)Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b)Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c)Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d)Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e)Result in inadequate emergency access?X Page 22 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact f)Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X XVII. TRIBAL CULTURAL RESOURCES. Would the Activity cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a)Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or X b)A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X XVIII. UTILITIES AND SERVICE SYSTEMS. Would the Activity: a)Exceed wastewater treatment requirements of the X Page 23 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d)Have sufficient water supplies available to serve the Activity from existing entitlements and resources, or are new or expanded entitlements needed? X e)Result in a determination by the wastewater treatment provider that serves or may serve the Activity that it has adequate capacity to serve the Activity’s projected demand in addition to the provider’s existing commitments? X f)Be served by a landfill with sufficient permitted capacity to accommodate the Activity’s solid waste disposal needs? X g)Comply with federal, state, and local statutes and regulations related to solid waste?X Page 24 CHECKLIST COMPARING THE ACTIVITY TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN PROJECT Substantial Change in Project Requiring Major EIR Revisions Substantial Change in Circumstances Requiring Major EIR Revisions New Information Showing Significant Effects not Discussed in, or Substantially More Severe than Shown in, Previous EIR New Information Showing Ability to Reduce but not Eliminate Significant Effects in Previous EIR Less Than Significant Impact / No Substantial Changes or New Information Requiring Preparation of a Subsequent EIR No Impact XIX. MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the Activity have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b)Does the Activity have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X c)Does the Activity have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? X Page 25 DISCUSSION OF CHECKLIST ANSWERS I.AESTHETICS/LIGHT AND GLARE a)Have a substantial adverse effect on a scenic vista? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. c)Substantially degrade the existing visual character or quality of the site and its surroundings? The FEIR concluded this potential Project impact would be significant and for that reason adopted seven mitigation measures to reduce this impact to less than significant. The Activity does not result in any visual impacts over and above those already identified and mitigated in the FEIR. d)Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The FEIR concluded this potential Project impact would be significant and for that reason adopted three mitigation measures to reduce this impact to less than significant. The Activity does not result in any light or glare impacts over and above those already identified and mitigated in the FEIR. II.AGRICULTURE AND FORESTRY RESOURCES The IS noted that the Site was currently being mined and was identified as “Other Land” on the Riverside County Important Farmland 2010 Sheet 1 of 3 map prepared by the California Department of Conservation, Division of Land Resource Protection’s Farmland Mapping and Monitoring Program. Therefore, implementation of the Activity would not result in the conversion of Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agricultural uses. III.AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. a)Conflict with or obstruct implementation of the applicable air quality plan? Page 26 The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? The FEIR concluded this potential Project impact would be significant and unavoidable even with the five mitigation measures adopted to reduce this impact. The Activity does not result in any air quality impacts over and above those already identified in the FEIR. c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment and an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? The FEIR concluded this potential Project impact would be significant and unavoidable even with the five mitigation measures adopted to reduce this impact. The Activity does not result in any air quality impacts over and above those already identified in the FEIR. d)Expose sensitive receptors to substantial pollutant concentrations? The FEIR concluded this potential Project impact would be significant; however, implementing the five adopted mitigation measures will reduce this impact to less than significant. The Activity does not result in any exposure impacts over and above those already identified and mitigated in the FEIR. e)Create objectionable odors affecting a substantial number of people? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. IV.BIOLOGICAL RESOURCES a)Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The FEIR concluded this potential Project impact would be significant; however, implementing the seven adopted mitigation measures will reduce this impact to less than significant. The Activity does not result in any species impacts over and above those already identified and mitigated in the FEIR. b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The FEIR concluded this potential Project impact would be significant; however, implementing two adopted mitigation measures will mitigate this impact to a level below significant. The Activity does not result in any habitat impacts over and above those already identified and mitigated in the FEIR. Page 27 c)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Mitigated to a level below significant for both the Project and Activity. See preceding Response (b). d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measure BIO-6 will reduce this impact to less than significant. The Activity does not result in any impacts over and above those already identified and mitigated in the FEIR. e)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measure BIO-8 will reduce this impact to less than significant. The Activity does not result in any impacts over and above those already identified and mitigated in the FEIR. f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. V.CULTURAL RESOURCES a)Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the California Code of Regulations? The FEIR concluded this potential Project impact would be significant; however, implementing seven adopted mitigation measures will mitigate this impact to a level below significant. The Activity does not result in any historical resource impacts over and above those already identified and mitigated in the FEIR. b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5 of the California Code of Regulations? Mitigated to a level below significant for both the Project and Activity. See preceding Response (a). c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measure CR-8 will reduce this impact to less than significant. Since the Project Page 28 is nearly identical to the Activity and mitigation measure CR-8 also applies to it, the Activity will not result in any impacts on a unique paleontological resource or site or geological feature. d)Disturb any human remains, including those interred outside of formal cemeteries? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. VI.GEOLOGY AND SOILS a)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. The FEIR concluded this potential Project impact would be significant; however, implementing the eleven adopted mitigation measures will reduce this impact to less than significant. The Activity does not result in any exposure impacts over and above those already identified and mitigated in the FEIR. ii)Strong seismic ground shaking? Mitigated to a level below significant for both the Project and Activity. See preceding Response (a). iii)Seismic-related ground failure, including liquefaction? Mitigated to a level below significant for both the Project and Activity. See preceding Response (a). iv)Landslides? Mitigated to a level below significant for both the Project and Activity. See preceding Response (a). b)Result in substantial soil erosion or the loss of topsoil? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no impact on soil erosion or loss of topsoil will occur from the Activity. c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Page 29 Mitigated to less than significant for both the Project and Activity. See preceding Response (a). d)Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Mitigated to less than significant for both the Project and Activity. See preceding Response (a). e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Similar to the Project analyzed in the FEIR for the Project, the Activity will be served by a public wastewater system. VII.GREENHOUSE GAS EMISSIONS a)Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? The FEIR concluded this potential Project impact would be significant; however, implementing the two adopted mitigation measures will reduce this impact to less than significant. The Activity does not result in any greenhouse gas emissions impacts over and above those already identified and mitigated in the FEIR. b)Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The FEIR concluded this potential Project impact would be less than significant; however, the City will implement the three mitigation measures to ensure compliance. Given that the Activity is nearly identical to the Project, the Activity also will not conflict with any plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. VIII.HAZARDS AND HAZARDOUS MATERIALS a)Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? The FEIR concluded this potential Project impact would be significant; however, implementing the two adopted mitigation measures will reduce this impact to less than significant. The Activity does not result in any significant hazard regarding hazardous materials over and above those already identified and mitigated in the FEIR. b)Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Mitigated to less than significant for both the Project and Activity. See preceding Response (a). Page 30 c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The FEIR concluded this potential Project impact would be less than significant; however, the City will continue to implement on-going mandatory compliance with the M-3 zoning regulations. Given that the Activity is nearly identical to the Project, the Activity also will not emit or handle hazardous materials or waste within one-quarter mile of an existing or proposed school. d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The IS and FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. The Project site and the Activity site are essentially identical. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The IS noted the Project was not located within an airport land use plan or within two miles of a public airport. The Project site and the Activity site are essentially identical. f)For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The IS noted the Project was not located in the vicinity of a private airstrip. The Project site and the Activity site are essentially identical. g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The IS concluded the Project would not impair or interfere with any adopted emergency response plan or emergency evacuation plan. Given that the Activity is nearly identical to the Project, the Activity also will not impair or interfere with any adopted emergency response plan or emergency evacuation plan. h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The IS concluded the Project’s potential to expose people or structures to a significant risk of loss, injury or death involving wildland fires was less than significant. Given that the Activity is nearly identical to the Project, the Activity also will not expose people or structures to a significant risk of loss, injury or death involving wildland fires. IX.HYDROLOGY AND WATER QUALITY a)Violate any water quality standards or waste discharge requirements? Page 31 The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Similar to the Project analyzed in the FEIR, the Activity would not violate any water quality standards or waste discharge requirements. b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Similar to the Project analyzed in the FEIR for the Project, the Activity would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measure HY-1 will reduce this impact to less than significant. The Activity does not alter the Project site’s drainage pattern. d)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measures HY-1, HY-2, HY-3 and HY-4 will reduce this impact to less than significant. The Activity does not alter the Project site’s drainage pattern or substantially increase the rate of amount of the Project’s surface runoff. e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measures HY-1, HY-5, HY-6, HY-7, HY-8 and HY-9, will reduce this impact to less than significant. The Activity does not create or contribute runoff water greater than that of the Project. f)Otherwise substantially degrade water quality? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measures HY-1 through HY-9, will reduce this impact to less than significant. The Activity will not degrade water quality more the Project. g)Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? Page 32 The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measures HY-10 and HY-11 will reduce this impact to less than significant. The physical layout of the Project and the Activity are nearly identical, and the Activity will also be subject to mitigation measures HY-10 and HY-11. h)Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? Mitigated to a level below significant for both the Project and Activity. See preceding Response (g). i)Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The FEIR concluded the Project would result in No Impact and therefore no mitigation measures were required. Similar to the Project analyzed in the FEIR, the Activity would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. j)Inundation by seiche, tsunami, or mudflow? The FEIR concluded the Project would cause No Impact by seiche or tsunami, and Less than Significant impacts for mudflow. X.LAND USE AND PLANNING a)Physically divide an established community? The IS concluded the Project would result in No Impact since the Project site is currently and historically has been used for mining. Similar to the Project analyzed in the FEIR, the Activity would not physically divide an established community. b)Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Similar to the Project analyzed in the FEIR for the Project, the Activity would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect. c)Conflict with any applicable habitat conservation plan or natural community conservation plan? The FEIR concluded the Project would result in No Impact and therefore no mitigation measures were required. Similar to the Project analyzed in the FEIR and as noted above, the Activity maintains the Project’s 500-foot wide wildlife corridor and would not conflict with any habitat conservation plan or natural community conservation plan. Page 33 XI.MINERAL RESOURCES a)Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. b)Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less than Significant. See preceding Response (a). XII.NOISE a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measures NSE-1 through NSE-8 will reduce this impact to less than significant. The Project and the Activity are nearly identical, and the Activity will also be subject to mitigation measures NSE-1 through NSE-8. b)Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measures NSE-9 through NSE-10 will reduce this impact to less than significant. The Project and the Activity are nearly identical, and the Activity will also be subject to mitigation measures NSE-9 through NSE-10. c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Mitigated to a level below significant for both the Project and Activity. See preceding Response (a). d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Mitigated to a level below significant for both the Project and Activity. See preceding Response (a). e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The IS concluded the Project would result in No Impact since the Project site is currently and historically has been used for mining. Similar to the Project analyzed in the FEIR, the Activity would not physically divide an established community. Page 34 f)For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. See preceding Response (e). XIII.POPULATION AND HOUSING a)Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact will occur from the Activity. b)Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The IS concluded the Project would result in No Impact since the Project site is currently being mined and has no existing homes or necessitate or require the construction of replacement of housing elsewhere. Similar to the Project, the Activity likewise would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. c)Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. See preceding Response (b). XIV.PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a)Fire protection? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact to fire protection will occur from the Activity. b)Police protection? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact to police protection will occur from the Activity. Page 35 c)Schools? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact to schools will occur from the Activity. d)Parks? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact to parks will occur from the Activity. e)Other public facilities The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact to other public facilities will occur from the Activity. XV.RECREATION a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change, impact or substantial physical deterioration to existing neighborhood and regional parks or other recreational facilities will occur or be accelerated from the Activity. b)Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, no adverse change or impact to previously approved recreational facilities will occur from the Activity. XVI.TRANSPORTATION/TRAFFIC a)Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? The FEIR concluded the Project’s potential traffic impacts would be significant and unavoidable even with the two mitigation measures adopted to reduce this impact. However, as explained in a memorandum from Liscott Law & Greenspan Engineers, attached hereto as Exhibit B, the roadway circulation proposed by the Amended and Restated Alberhill Villages Specific Plan do not change those in the approved Project and thus the Activity’s traffic impacts will be equal to or less than the traffic impacts the FEIR identified for the approved Project. Page 36 b)Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No Impact. The FEIR concluded that the proposed Project would not conflict with the 2011 Riverside County Congestion Management Program (CMP) prepared by the Riverside County Transportation Commission. Given that the proposed Activity is in the same location and retains the same roadway design requirements and roadway, intersection and driveway improvements, the Activity will not create any conflicts with the CMP. c)Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The IS concluded the Project would result in No Impact due to its location and the nature of the proposed uses. Given that the proposed Activity is in the same location and retains the same uses, no change in air traffic patterns or demand for air travel is anticipated as a result of the Activity. d)Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Noting that the proposed Project did not include any sharp curves or dangerous intersections in its design, the FEIR concluded that this potential impact would be less than significant and no mitigation measures required. Given that the proposed Activity is in the same location and retains the same roadway design requirements and roadway, intersection and driveway improvements, the Activity will not substantially increase hazards due to a design features or incompatible uses. e)Result in inadequate emergency access? On account of the existing serving the Site as well as the Project including five primary access points, the FEIR concluded the Project would provide adequate emergency access and therefore this potential Project impact would be less than significant and no mitigation measures required. Given that the proposed Activity is in the same location and retains the same primary access points, inadequate emergency access will not result from the Activity. f)Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Noting that the Project proposed a variety of transportation options and implemented pedestrian safety enhancing circulation improvements as well as General Plan Policies 6.4, 9.1 and AH 4.2 for the provision of bike lanes and multi-use trails, the FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Given that the proposed Activity is in the same location and retains the same options, improvements and General Plan policies, implementation of the Activity will not result in any conflict with adopted policies, plans, or programs supporting alternative transportation. Page 37 XVII.TRIBAL CULTURAL RESOURCES Would the Activity cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a)Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b)A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than significant impact. Prior to approval of the Project, the City followed the requirements of Senate Bill 18 and requested consultation with applicable tribes regarding the Project. The tribes requesting consultation were (1) the Pechanga Cultural Resources/Temecula Band of Luiseño Indians, and (2) the Soboba Band of Luiseño Indians. In response to those consultations, the City crafted mitigation measures CR-1, CR-2, CR-3 and CR-4 requiring 30 days prior notice to both tribes of any grading permit application and the retention of qualified monitors from either tribe to monitor ground disturbing activities and with authority to stop and redirect grading in order to evaluate the significance of any archeological resources discovered. The Activity retains these mitigation measures. XVIII.UTILITIES AND SERVICE SYSTEMS a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, the Activity likewise would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. b)Require or result in the construction of new water or waste water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, the Activity likewise would not require or result in the construction of new water or waste water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The FEIR concluded this potential Project impact would be less than significant with the construction of storm drainage improvements proposed by the Project and no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, the Activity likewise would not require Page 38 or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. d)Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, the Activity likewise would have sufficient water supplies available to serve it from existing entitlements and resources. e)Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The FEIR concluded this potential Project impact would be significant; however, implementing the adopted mitigation measure PU-1 will reduce this impact to less than significant. The Project and the Activity are nearly identical, and the Activity will also be subject to mitigation measure PU-1. f)Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, the Activity likewise would be served by a landfill with sufficient permitted capacity to accommodate its solid waste disposal needs. g)Comply with federal, state, and local statutes and regulations related to solid waste? The FEIR concluded this potential Project impact would be less than significant and therefore no mitigation measures were required. Relative to conditions identified in the FEIR for the Project, the Activity likewise would comply with federal, state, and local statutes and regulations related to solid waste. XIX.MANDATORY FINDINGS OF SIGNIFICANCE a)Does the Activity have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Based upon the FEIR, the foregoing analysis, and in comparison to the approved Project: No Impact. b)Does the Activity have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Page 39 Based upon the FEIR, the foregoing analysis, and in comparison to the approved Project: No Impact. c)Does the Activity have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the FEIR, the foregoing analysis, and in comparison to the approved Project: No Impact. Page 40 EXHIBIT A Map showing the general location of the Activity Site EXHIBIT B Memorandum dated January 20, 2017 prepared by Linscott Law & Greenspan, Engineers AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN CITY OF LAKE ELSINORE COMMUNITY DEVELOPMENT DEPARTMENT (951) 674-3124 ADOPTED BY CITY COUNCIL: FEBRUARY ,2017 CITY COUNCIL ROBERT MAGEE, MAYOR NATASHA JOHNSON, MAYOR PRO-TEM DARYL HICKMAN, COUNCILMEMBER BRIAN TISDALE, COUNCILMEMBER STEVE MANOS, COUNCILMEMBER PLANNING COMMISSION ADAM ARMIT, CHAIR JOHN GRAY, VICE CHAIR MYLES ROSS, COMMISSIONER MICHAEL CARROLL, COMMISSIONER RENDELL KLAARENBEEK, COMMISSIONER CITY STAFF GRANT YATES, CITY MANAGER JASON SIMPSON, ASSISTANT CITY MANAGER GRANT TAYLOR,RICHARD J. MACHOTT, COMMUNITY DEVELOPMENT DIRECTOR PLANNING MANAGER SUSAN M. DOMEN, MMC, CITY CLERK BARBARA Z. LEIBOLD, CITY ATTORNEY DOCUMENT HISTORY AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN ADOPTED BY THE CITY COUNCIL ON _______,2017 INCORPORATING: MODIFICATIONS IN RESPONSE TO APPLICANT AND CITY REQUEST FOR CLARIFICATIONS PLANNING COMMISSION RECOMMENDATIONS TO THE ALBERHILL VILLAGES SPECIFIC PLAN ADOPTED BY THE CITY COUNCIL ON JUNE 14, 2016 PREPARED JOINTLY BY: CITY STAFF & PACIFIC CLAY PRODUCTS Alberhill Villages Specific Plan i TABLE OF CONTENTS Chapter Page 1.EXECUTIVE SUMMARY ........................................................................................ 1 1.1.Project Overview ...................................................................................1 1.2.Purpose of the Specific Plan..................................................................7 1.3.Regulatory Framework ..........................................................................8 1.4.Document Organization.......................................................................12 2.INTRODUCTION ................................................................................................. 13 2.1.Project Location...................................................................................13 2.2.Physical Setting...................................................................................13 2.3.Historical Background..........................................................................15 2.4.Entitlement Background ......................................................................15 2.5.Governmental Authority.......................................................................16 3.DEVELOPMENT PLAN ....................................................................................... 18 3.1.Vision, Goals, and Objectives..............................................................18 3.2.Land Use.............................................................................................20 3.3.Overlay Zones.....................................................................................28 3.4.Villages and Planning Areas................................................................28 3.5.Project-Wide Development Standards.................................................34 3.6.Circulation Network .............................................................................36 3.7.Public Services and Utilities.................................................................38 3.8.Grading................................................................................................43 4.DEVELOPMENT REGULATIONS ........................................................................ 46 4.1.Purpose and Intent..............................................................................46 4.2.Development Regulations ...................................................................46 4.3.Land Use Regulations .........................................................................48 4.4.Circulation Requirements ....................................................................63 4.5.Parking Requirements.........................................................................78 4.6.Recreation / Open Space Requirements .............................................78 4.7.Stormwater Management Techniques.................................................83 5.IMPLEMENTATION ............................................................................................. 84 5.1.Implementation Process......................................................................84 5.2.Transfer of Development Between Villages and Planning Areas.........91 5.3.Development Approvals Required.......................................................92 5.4.development Status Matrix..................................................................94 5.5.Specific Plan/PDP Modifications and Amendments.............................96 5.6.Phasing .............................................................................................100 5.7.Financing and Maintenances.............................................................102 Alberhill Villages Specific Plan ii 6.GENERAL PLAN CONSISTENCY ANALYSIS ................................................... 104 6.1.Introduction........................................................................................104 6.2.Alberhill District Plan Consistency.....................................................105 6.3.General Plan Format.........................................................................111 6.4.Community Form...............................................................................111 6.5.Public Safety and Welfare .................................................................119 6.6.Resource Protection and Preservation..............................................125 7.CLIMATE ACTION PLAN COMPLIANCE ......................................................... 133 7.1.Introduction........................................................................................133 7.2.General Plan......................................................................................133 7.3.Population & Employment .................................................................134 7.4.Transportation & Land Use................................................................134 7.5.Energy & Water Use..........................................................................139 7.6.Solid Waste .......................................................................................142 7.7.Community Education & Outreach.....................................................143 8.LANDSCAPE DESIGN REGULATIONS ............................................................. 144 8.1.Purpose.............................................................................................144 8.2.Landscape Plan.................................................................................144 8.3.General Landscape Requirements....................................................146 8.4.Entry Monumentation & Signage.......................................................149 8.5.Streetscape .......................................................................................155 8.6.Landscape Interface Between Uses..................................................159 8.7.Community Walls & Fences...............................................................167 8.8.Slope Management & Fuel Modification............................................171 8.9.Bikeway System................................................................................172 8.10.Multi-Use Trail System.......................................................................173 8.11.Parks & Open Space.........................................................................174 8.12.Themed Site Materials, Finishes, Street Furniture.............................177 9.LIGHTING DESIGN GUIDELINES...................................................................... 190 9.1.Introduction........................................................................................190 9.2.Lighting Design Guidelines................................................................190 9.3.Light Fixture Examples......................................................................191 10.SIGNAGE REGULATIONS ................................................................................ 193 10.1.Purpose.............................................................................................193 10.2.General Sign Guidelines....................................................................194 10.3.Sign Regulations – General...............................................................196 10.4.Special Signs - General.....................................................................197 10.5.Temporary Real Estate Signs and Political Campaign Signs............198 10.6.Directional and Kiosk Signs...............................................................198 10.7.Construction Signs ............................................................................198 10.8.Flags, Banners, Pennants, Balloons, Window and Interior Signs......198 10.9.Residential Signs - General...............................................................199 Alberhill Villages Specific Plan iii 10.10.Commercial and Professional Office Signs .......................................200 11.DEFINITIONS................................................................................................... 203 Alberhill Villages Specific Plan iv LIST OF FIGURES Figure Page Figure 1-1 Regional Map............................................................................................. 5 Figure 1-2 Vicinity Map ............................................................................................... 6 Figure 1-3 Implementation Process .......................................................................... 10 Figure 2-1 Pacific Clay & Alberhill Ranch Areas ....................................................... 14 Figure 3-1 Comprehensive Land Use Plan ............................................................... 21 Figure 3-2 Open Space Vicinity Map......................................................................... 24 Figure 3-3 Open Space Map..................................................................................... 25 Figure 3-4 Open Space Corridor Sections................................................................ 26 Figure 3-5 Temescal Creek Open Space Corridor Sections ..................................... 27 Figure 3-6 Overlay Zones ......................................................................................... 29 Figure 3-7 Village and Planning Area Map................................................................ 30 Figure 3-8 Circulation Plan........................................................................................ 37 Figure 3-9 Slope Analysis ......................................................................................... 45 Figure 4-1 Mining Setbacks ...................................................................................... 61 Figure 4-2.1 Lake Street Road Section – 8 Lanes ....................................................... 67 Figure 4-2.2 Lake Street Road Section – 6 Lanes – North of Nichols Road ................ 67 Figure 4-2.3 Lake Street Road Section – 6 Lanes – South of Nichols Road................ 68 Figure 4-3 Temescal Canyon Road........................................................................... 68 Figure 4-4 Lincoln Street Section – 4 Lane- North of Street B.................................. 70 Figure 4-5 Lincoln Street Section – 4 Lane- South of Street B.................................. 70 Figure 4-6 Nichols Road Section – East End Condition............................................ 71 Figure 4-7 Nichols Road Section – West End Condition........................................... 71 Figure 4-8 Street A Road Section – Condition 1 ....................................................... 72 Figure 4-9 Street A Road Section – Condition 2 ....................................................... 72 Figure 4-10 Street A Road Section – Condition 3 ....................................................... 72 Figure 4-11 Street B Road Section ............................................................................. 74 Figure 4-12 Street C Road Section – Northern Condition........................................... 75 Figure 4-13 Street C Road Section – Southern Condition........................................... 75 Figure 4-14 Street D Road Section............................................................................. 76 Figure 4-15 Streets E and F Road Section ................................................................. 77 Figure 4-16 Park Plan ................................................................................................. 81 Figure 4-17 City Regional Sports Park Plan................................................................ 82 Figure 5-1 Example Tier 2 Land Use Plan................................................................ 85 Figure 5-2 Example Tier 2 Structure Diagram........................................................... 89 Figure 5-3 Conceptual Phasing Plan....................................................................... 101 Figure 8-1 Circulation & Monumentation Plan......................................................... 151 Figure 8-2 Alberhill Villages Planting Master Plan .................................................. 161 Figure 8-3 Typical Wall and Fence Program........................................................... 170 Figure 8-4 Conceptual Wall & Fence Detail ............................................................ 178 Figure 8-5 Conceptual Wall & Fence Detail ............................................................ 179 Figure 8-6 Conceptual Wall & Fence Detail ............................................................ 180 Figure 8-7 Conceptual Wall & Fence Detail ............................................................ 181 Alberhill Villages Specific Plan v Figure 8-8 Conceptual Wall & Fence Detail ............................................................ 182 Figure 8-9 Conceptual Wall & Fence Detail ............................................................ 183 Figure 8-10 Conceptual Monumentation Signage..................................................... 184 Figure 8-11 Conceptual Monumentation Signage..................................................... 185 Figure 8-12 Conceptual Monumentation Signage..................................................... 186 Figure 8-13 Conceptual Monumentation Signage..................................................... 187 Figure 8-14 Trail Monumentation.............................................................................. 188 Figure 8-15 Trail Monumentation.............................................................................. 189 Alberhill Villages Specific Plan vi LIST OF TABLES Table Page Table 3-1 Land Use Summary by Planning Areas................................................... 32 Table 3-2 Park and Recreation Facility Responsibility............................................. 41 Table 4-1 Zoning Requirements............................................................................... 47 Table 5-1 Transfer of Development Criteria............................................................. 92 Table 5-2 Required Development Approvals ........................................................... 92 Table 5-3 Implementation Table .............................................................................. 94 Table 5-4 Development Status Matrix...................................................................... 95 Table 5-5 Financing Mechanisms.......................................................................... 102 Table 6-1 General Plan Content ............................................................................ 105 Alberhill Villages Specific Plan vii APPENDICES Appendix A: Entitlement History A-1 Pacific Clay Annexation Appendix B: Sample Traffic Calming Devices B-1 Roundabout/Divided Road B-2 Neckdown B-3 Cul-de-sac (1) B-4 Cul-de-sac (2) B-5 Cul-de-sac (3) B-6 Knuckle B-7 Pocket Parks (1) B-8 Pocket Parks (2) Appendix C: Sample Stormwater ManagementTechniques C-1 Stormwater Conveyance Swale C-2 Techniques for Cleansing Runoff - Large Areas C-3 Techniques for Handling Detention C-4 Parking Lot Bio-infiltration Appendix D: Approval Documents D-1 Resolution Certifying the Final Environmental Impact Report for the Alberhill Villages Specific Plan (SCH No. 2012061046) - without attachments D-2 Ordinance Adopting the Alberhill Villages Specific Plan No. 2010-02 and Adopting Zone Change No. 2012-02 D-3 Resolution Approving General Plan Amendment No. 2012-01 D-4 Adopted Mitigation Monitoring and Reporting Program D-5 Resolution Certifying the EIR Addendum D-6 Ordinance No. ____________, adopted February 28, 2017 and effective March 30, 2017, approving the Amended and Restated AVSP D-7 Ordinance No. ____________, adopted February 28, 2017 and effective March 30, 2017, approving the Development Agreement Alberhill Villages Specific Plan 1 Chapter 1.EXECUTIVE SUMMARY 1.1. PROJECT OVERVIEW The Alberhill Villages Specific Plan (AVSP or Villages) is a blueprint for the development of a sustainable new community, at the northwestern gateway of the City of Lake Elsinore in southwestern Riverside County. The fully developed site of approximately 1,375 acres will provide 8,024 residential units, distributed over a wide variety of unit types and sizes. The plan also includes approximately 2,310,300 square feet of commercial building development including a University Town Center with 1,335,800 square feet of retail/community space, and medical/ office development. Additional mixed use areas will be placed in two other strategic phased locations offering 974,500 square feet of retail and service uses. Approximately 63.6 acres are designated for a university or similar education institutional use which could accommodate 6000 students and 1,500,000 square feet of indoor facilities. Regional and community amenities include an 850 student capacity elementary school on a 12-acre site, over 194 acres of natural or enhanced open space with multi-use trails, a 41.5-acre Recreational Lake and Lakeside Park, as well as a 45.9-acre City Regional Sports Park, and a 14.3-acre Public Community Park. When fully developed, over a period of approximately thirty-five (35) years, Alberhill Villages will be a thriving sustainable community of nearly 28,000 people enjoying the advantages of a highly livable, environmental friendly and socially inclusive community. The Villages’ facilities and services will also attract the greater Lake Elsinore community and surrounding countyresidents. The “sustainable community” of today embodies many of the familiar concepts that are already finding their way into the “best planning practices” of urban redevelopment and new community design. Many of the best practices are embodied in the concept of “new urbanism,” “traditional neighborhood design,” “smart growth,” and Leadership in Energy and Environmental Design (LEED) Neighborhood Development. AVSP embraces the new urbanism as embodied in its mixed-use village core, its grid-inspired street design, its compact design, its walkable, pedestrian-friendly development patterns, and its extensive recreational facilities among many other attributes. Sustainable community design builds upon these approaches and adds a new dimension that can be summarized as a deep concern for the environmental and the social consequences of development, at all levels – the individual, the community, the region, and the planet as a whole. As described by the Urban Land Institute, the concept of sustainability speaks to the idea of “balancing economic and social forces against the environmental imperatives of resource conservation and renewal for the world of tomorrow.” The principal element in this New Urbanism is job growth and job creation sustained in a “localized” village area that provides thousands of new temporary construction and permanent jobs meeting the resident needs of this city sized community. The Alberhill Villages Specific Plan is a significant economic “blueprint” for sustainable communities of today and tomorrow. Contents 1.1 Project Overview 1.2 Purpose of the Specific Plan 1.3 Regulatory Framework 1.4 Document Organization Alberhill Villages Specific Plan 2 AVSP is distinguishable as a sustainable community for nearly 28,000 new residents and a projected 5,000 new permanent employees by the following characteristics: 1.Balanced uses of land affording the opportunity to live, work, shop, attend school, and recreate within the Villages. The distribution of these facilities is dispersed throughout the Villages while being interconnected by a system of walking and bicycling paths. This arrangement helps reduce automobile use and encourages socialinteraction. 2.Provide the region with higher education by designating land that could support a 6,000-student university that could offer both traditional as well as adult education programs. Education-related office uses will support this university complex. The university concept will provide for a performing arts center, entertainment center, and other attractions for students, Lake Elsinore residents and visitors, thus reducing miles of travel for students and residents seeking higher education and culturalenrichment. 3.At least one elementary will also be located within the community, paired with neighborhood and community parks, and places for religious assembly for potential joint uses and shared parking reduction. The 12.0-acre elementary school site is of sufficient size to provide for a K-6 to K-8 expansion. This is consistent with the request of the Lake Elsinore Unified School District. 4.Two mixed-use town centers that meet the needs of the Alberhill area in the City of Lake Elsinore and the region. The regionally-focused University Town Center is coupled with a university and large community park with a significantly-sized lake complex. The Alberhill Town Center is located in the southeast portion of the project at the intersection of Nichols Road and Lake Street, across from an existing Alberhill Community Park, a planned school, and an existing Boys and Girls Club. Both Town centers will offer a full range of land uses ranging from residential, retail, civic, office, medical office, and public gathering places. This commercial and office space will greatly benefit the City of Lake Elsinore by creating jobs, increasing sales tax revenue, and contributing to other city revenues such as property taxes as wage earners gain purchasing power to buy real estate within the City. 5.Restoration of hundreds of acres of mined land into new and restored natural areas, public facilities, a university, parks, schools, housing, retail, and business park. Mining is a permitted land use within the Specific Plan. Current mining activities will be phased out in segments as the AVSP urban land uses are developed. The Mining Reclamation Plan will be amended from open space and industrial land uses as the “end use” of mining reclamation to AVSP urban land uses to coincide with the phased development of AVSP over the next 20 to 30 years. 6.A compact development pattern adjacent to the existing I-15 freeway and future transit corridor. The project is located at the northwestern gateway to the City of Lake Elsinore. The community plan is organized into a series of walkable villages that have their own identity or focal point thus helping to reduce the dependency on theauto. 7. A wide choice of housing opportunities that promotes affordable, moderate, student, as well as upper income housing. This residential mix assists in creating a Alberhill Villages Specific Plan 3 diverse social make up in the community and assists the city in attaining their fair share of the regional housing needs assessment (RHNA). 8.An employment / business park which help provide a jobs/housing balance by generating significant temporary and permanent jobs. The medical profession is targeted in conjunction with the university’s nursing program and potential new hospital and medical office center. 9. This project will support the establishment of Alberhill area waste water facilities, which will allow additional needed industrial, commercial, and residential development to occur in northwestern Lake Elsinore; an area which has previously been hindered by a lack of sewer availability. Elsinore Valley Municipal Water District (EVMWD), the water district for the region, provides a sewer system that includes a lift station system and force mains conveying sewage to the existing Regional Wastewater Treatment Plant. 10.A multi-purpose park and open space system that meets the community’s needs while providing visual relief, passive and active recreational opportunities, biological habitat, wildlife corridors, and ground water recharge of the area consistent with applicable state and federal laws and the MSHCP. 11.A modified grid system of road ways that provides for a simple organized element of urban landscape, and hence, provides an easier to negotiate environment for both the motorist and the pedestrian. This system also provides the opportunity to create visual destinations with landmarks, such as public art or open space vistas of mountains and lakes. 12.Domestic water will be provided by EVMWD, which has concluded that it has sufficient water supply for the project. In addition to planning domestic water, AVSP supports EVMWD regional reclaimed water facilities. 13.Landscape, site design, and design guidelines promote water and energy conservation, including affordable and economic passive solar and “green building” design. 14. The project will expand the existing roadway system with the improvements to Lake Street, Temescal Canyon Road, Lincoln Avenue, and NicholsRoad 15.Natural spring water from south of the site will flow into the lakes to provide a natural water source to the Alberhill Village lakes. Low flow storm water will be captured within each development to percolate into the groundwater table to replenish water supplies. High storm water flows will safely be conveyed through the site into Temescal Creek as existing flows currently exist today during a storm event. In the unlikely event natural spring water is not sufficient for the lake use; alternate water supplies will be utilized in consultation with the Elsinore Valley Municipal WaterDistrict. Alberhill Villages Specific Plan 4 The AVSP (Villages) project area is located in northwest Lake Elsinore, just south of Interstate 15 (I-15), in the vicinity of Lake Street and Temescal Canyon Road (see Figure 1-1, Regional Map and Figure 1-2, Vicinity Map). It encompasses the site of the old mining community of Alberhill, which emerged in the early 1900s as a result of incentives offered by mining corporations that encouraged workers to build their homes in the area. Although the community was full of promise and was later considered to be one of the area’s most important suburban towns, it was abandoned when construction of the I-15 Freeway began. The goal of the Villages is to build on the history of the area by re-establishing a community based around an on-going mining operation in existence since the 1880s. As mineral resources become fully extracted from phased mining areas, and mining operations cease, the land will be reclaimed in phases for community development, and the former Alberhill mining areas will have then evolved into a dynamic and vibrant community of regional importance serving as one of the major gateways to the City of Lake Elsinore. The “project core” of the Villages, as shown in the graphic below, consists of a regional University Town Center with retail, office, high density housing, a University campus with performing arts facilities, libraries, meeting centers, and housing which merge into the adjacent commercial and office areas, and a community park and lake with a variety of recreational amenities. The Villages contain a series of focal points or event areas such as a public plaza, town green, or amphitheater. These distinct and active public use areas construct the “spine” of the community. Surrounding the “project core” are themed residential Villages which contain focal points such as a park or school located within a five-minute walk of most housing units. Interspersed throughout the community are a series of parks, plazas, paseos, and walking / biking areas. The following graphic illustrates the structure of the AVSP planned community in a more abstract form: Alberhill Villages Specific Plan 5 Figure 1-1 Regional Map Alberhill Villages Specific Plan 6 Figure 1-2 Vicinity Map Alberhill Villages Specific Plan 7 An important feature of the AVSP is the creation of naturalized and restored open space on the edges throughout the planned community and connecting to adjacent areas of the City, which provides important connections to the off-site and adjacent Multiple Species Habitat Conservation Plan (MSHCP) areas. Although the naturally occurring wildlife corridors have long ceased to exist on the site due to over 100 years of mining activities, a series of re-created natural wildlife and open space connections are provided throughout the project area, including a wildlife corridor along the entire western AVSP boundary with a minimum width of 500 feet, to allow for the safe passage of wildlife through or around the Specific Plan area and interfacing with the MSHCP on the periphery. 1.2. PURPOSE OF THE SPECIFIC PLAN The purpose of the AVSP is to: 1) Incorporate the 1,375-acre Pacific Clay site, which was annexed into the City in March 2008, into a specific plan document as a first tier entitlement for a master planned community consisting of up to 8,024 units to the site. In addition to these residential units, the Pacific Clay site will include approximately 3,810,300 square feet of non- residential development, including commercial, office and institutional uses, which are also contemplated in the City of Lake Elsinore General Plan, adopted December 13, 2011; 2) Incorporate the areas noted above into a single Environmental Impact Report(EIR). Figure 1-2 identifies Alberhill Villages in relation to the I-15 Freeway / Lake Street interchange. It is anticipated that the AVSP maximum entitlement limits will be reached in approximately 30 years. Development of this Specific Plan is expected to continually urbanize, change, and evolve as market demand conditions change. Areas within the Specific Plan may develop initially at a lower suburban intensity observable in today’s market, but as additional development pressures arise in the future, re-intensification or private redevelopment may occur at a higher intensity, similar to other urbanizing areas in Southern California (San Diego and Irvine). The AVSP establishes a basic framework or foundation for future phased development with a carefully developed, illustrated, and protected backbone system of circulation rights-of-way, land uses, open space, public facilities, and interface with on-going mining operations. The content of this Specific Plan meets state requirements for a specific plan under Government Code §§65450- 65457: (a)A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. Alberhill Villages Specific Plan 8 (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation measures for development including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). (b)The specific plan shall include a statement of the relationship of the specific plan to the general plan. The AVSP, as adopted, also includes a planning process that provides local decision makers with discretionary authority to review implementing project design at predictable stages in the development process once marketing, economic, and architectural design trends become certain. 1.3. REGULATORY FRAMEWORK A three-tier implementation approach provided in this Specific Plan will ensure that certain project design details or standards which cannot be anticipated at this time, are identified once development becomes imminent (refer to Figure 1-3, Implementation Process). The proposed process should minimize the need to amend the AVSP in the future, thereby reducing costs while maintaining the City of Lake Elsinore oversight. This three tier implementation plan allows for the establishmentof: Tier 1 An overall land use, development regulation and backbone circulation plan for the entire project area within the SpecificPlan. Tier 2 The preparation of Phased Development Plans (PDPs), providing more detailed land use, circulation, development regulations, and design guidelines for a defined geographic area when development in that area becomes imminent. Tier 3 The processing of tentative tract maps through the City’s Subdivision process and detailed site plans through the City’s Design Review process when site specific development plans are prepared in anticipation of processing building permits. Alberhill Villages Specific Plan 9 Tier 1 Specific Plan The Specific Plan sets general guidelines for future development, but requires additional details to be provided in a subsequent Phased Development Plandocument. This Alberhill Villages Specific Plan contains: General land uses Backbone circulation patterns Regional trail connectivity Open space connections Anticipated public facilities Maximum allowable dwelling units and square footage Districts and planning areas General development regulations Tier 2 Phased Development Plan (PDP) A Phased Development Plan (PDP) will be submitted for each phase or stage of the Specific Plan once the marketing and economic environment dictate that additional details for development within each phase become more certain. Each PDP shall be considered by the Planning Commission and the City Council at a noticed public hearing in accordance with Chapter 5 “Implementation.” Each PDP and PDP Amendment shall include the following information: Refined land uses by subarea Design Guidelines Specified access points Entry statement locations Treatments for important edge conditions including school/residential interfaces, park/residential interfaces, and neighborhood center/residentialinterfaces The relationship and separation of ongoing mining operations from new development Traffic Impact Analyses (see Section 3.5 Item 11 regarding TIA requirements for first PDP) Detailed description of infrastructure (roads, water, sewer, parks and recreation facilities, and utilities) phasing Traffic calming devices Updated Development Status Matrix identifying the number of units, mixed-use square footage, and ADTs used to date (See Table 5-4) First PDP must include Detailed Design & Concept Plan for Regional City Sports Park (see Table 3-2) Alberhill Villages Specific Plan 10 Figure 1-3 Implementation Process Alberhill Villages Specific Plan 11 Tier 3 Design Review/Subdivision Approval Approval of subdivisions of land and design review will occur at a later point in the process similar to other developments within the City. At this stage, detailed drawings and information are submitted to City staff for processing to the Planning Commission and City Council for approval in accordance with the procedures set forth in the Lake Elsinore Municipal Code, provided the subject site or proposed lots are within the area of a previously approved Phased Development Plan (PDP). Specific information submitted at this stage includes, at a minimum: 1) Residential Single-Family: a. A Tentative Tract Map, scaled and fully dimensioned; b. Exhibits indicating the type and location of all buildings and structures, entrances, parking, landscape areas, signs, walls, preliminary grading information, and the location of existing improvements on adjacent properties; c. Architectural Drawings of the Elevations and FloorPlans d. Technical Studies e. Landscape & Irrigation plans f.Updated Development Status Matrix identifying the number of units, mixed-use square footage, and ADTs used to date (See Table 5-4) 2) Commercial, Mixed-Use, Multi-Family,Schools: a. Design Review application and/or Conditional Use Permit , where applicable b. A Site Plan, scaled and fully dimensioned, indicating the type and location of all buildings and structures, entrances, parking, landscape areas, signs, walls, preliminary grading information, and the location of existing improvements on adjacent properties; c. Architectural Drawings of the Elevations and FloorPlans d. Technical Studies e. Sign and Lighting Design f.Landscape & Irrigation plans g. Updated Development Status Matrix identifying the number of units, mixed-use square footage, and ADTs used to date (See Table 5-4) Subdivisions, Design Review, and Conditional Use Permits to be pursuant to the provisions of the City of Lake Elsinore Municipal Code. Discretionary Actions Subdivision maps may be processed concurrently with a PDP application or subsequent to the approval of a PDP. Design Review of site plans, floor plans, and elevation drawings may also be processed concurrently with subdivision maps or subsequent to these discretionary approvals. Alberhill Villages Specific Plan 12 1.4. DOCUMENT ORGANIZATION This Executive Summary (Chapter 1) introduces the project, the purpose behind the AVSP, and the approach to accommodate the ever evolving development that is expected to occur within the specific plan area. Chapter 2 provides an Introduction to the Specific Plan including the project location and physical setting, the historical background of the area, and the governmental authority by which specific plans may be adopted. Chapter 3 provides the vision, goals, and objectives for the project along with a summary of the development plan including land use, circulation, infrastructure, andgrading. Chapter 4 contains general development regulations. Chapter 5 outlines the implementation process. Chapter 6 includes a consistency analysis of the relationship of the Specific Plan to the General Plan. Chapter 7 assesses compliance of the Alberhill Villages Specific Plan with the City’s Climate Action Plan (CAP). Chapter 8 contains the landscape design guidelines and standards for use in the preparation of the landscape plans throughout Alberhill Villages. Chapter 9 includes all lighting design guidelines for AlberhillVillages. Chapter 10 includes signing regulations to maintain and enhance the physical appearance and economic value of the Alberhill Villagescommunity. Chapter 11 includes Alberhill Villages Specific Plandefinitions. Alberhill Villages Specific Plan 13 Chapter 2.INTRODUCTION 2.1. PROJECT LOCATION The Alberhill Villages Specific Plan (AVSP) is located in northwest Lake Elsinore and includes approximately 1,375 acres which was annexed into the City of Lake Elsinore (known as Pacific Clay) (refer to Figure 2-1, Pacific Clay & Alberhill Ranch Areas). The AVSP area is located just south of Interstate 15 and is west of Lake Street. (Refer to Figure 1-1, Regional Map and Figure 1-2, Vicinity Map.) The eastern project boundary borders Lake Street, the southeastern project boundary borders the Murdock Alberhill Ranch Specific Plan residential development, and the 1,000 acre Horsethief Canyon Ranch single-family planned development is located along the western boundary. (Refer to Figure 1-2, VicinityMap). 2.2. PHYSICAL SETTING The project area is significantly isolated from existing development with the exception of the 1,000 acre Horsethief Canyon Ranch Planned Development along the western boundary and a portion of the Murdock Alberhill Ranch development along Lake Street south of Nichols Road. Lake Street is an existing two-lane road which connects the mainly residential northwest portion of the city with the I-15 freeway. The project area has been heavily impacted by the mining operations that have occurred onsite for over a hundred years. The site consists of rolling terrain and contains a series of stock piles of mined raw and finished material interspersed with various sizes of depressions, including mining washout areas and various locations of mining manufacturing operations. The project area is divided historically by five ephemeral drainages. Only two of these drainages remain intact today. The western portion of the site has two existing unnamed drainages that trend southwest to northeast and drain to the north generally along or near the boundary with the Horsethief Canyon Ranch Planned Development to the west; emptying into an area that crosses Hostettler Road and existing Horsethief Canyon. The central portion of the site picks up storm water from two drainages from Rice Canyon to the south, holds it in a series of washout ponds and detention basins, and then releases the storm water to the north along Lake Street toward Temescal Creek along the south side of the I-15 freeway. The fifth drainage is Temescal Creek that flows through portions of the project area along the I-15 freeway. Formerly a natural ephemeral water course, Temescal Creek has been turned, at least temporarily, into a modified ephemeral water course due to intermittent upstream reclaimed water discharges by two upstream water districts. All of these drainages have been mined and disturbed by human activities for over 100 years, and two former stream courses connected with Rice Canyon are partially disconnected from the upstream and downstream areas due to the historical mining operations. These streams now flow into large water detention basins and discharge to Temescal Creek only during storm events after storm watercleaning. Contents 2.1 Project Location 2.2 Physical Setting 2.3 Historical Background 2.4 Entitlement Background 2.5 Governmental Authority Alberhill Villages Specific Plan 14 Figure 2-1 Pacific Clay & Alberhill Ranch Areas Alberhill Villages Specific Plan 15 2.3. HISTORICAL BACKGROUND The most unique attribute of the AVSP area is its mining history as part of the Alberhill area. Mining in the Alberhill area, including today’s Pacific Clay mine, began roughly around the same time that the region’s first railroad, the Atchison, Topeka, and Santa Fe Railroad, was completed in the 1880s. The railroad, along with various mining opportunities, greatly increased migration to the Lake Elsinore area. Portions of Lake Street and Coal Road (now named Nichols Road) are generally aligned with a section of the railroad that has since been removed in thatarea. The mining industry began with John D. Huff’s founding of the Southern California Coal and Clay Company in the 1880’s. Huff’s company became part of a newly established community, Terra Cotta, which was later considered to be one of the area’s most important suburban towns. The name of the community was later changed to Alberhill after CH Albers and JH Hill, the two men who originally discovered the coal and clay resources in the area in 1886. The community of Alberhill contained two markets, Gahagan’s General Store, a post office, a smoked turkey restaurant, Winks Café, a gas station, and a school which accommodated 100 students from first through eighth grade. The Alberhill School, the only remaining building and a locally recognized historic resource, is located along Lake Street and served the area from its inception in 1912 until it was abandoned in 1964. The Alberhill School building is dilapidated and currently unsafe for human use. The mines at Terra Cotta operated until the 1940s when Pacific Clay Products Company acquired them. Pacific Clay subsequently purchased the Alberhill Coal and Clay Mine and became the sole operating clay mine in the region. Because of the richness and abundance of resources within the Alberhill Ranch area, mining operations have continued to exist since the late 19th century and occupy a significant portion of the Alberhill Villages Specific Plan area. Development will be phased to allow mining activities to remain in operation until resources are fullyextracted. 2.4. ENTITLEMENT BACKGROUND AVSP has been included in several entitlementactions: In 1978, the Pacific Clay 1,375-acre mining site was subject to Reclamation Plan No. 112 for various prior Surface Mining Permits (SMP) and was reaffirmed by the State Board Office of Mining and Reclamation in 2011. In 2003, the Pacific Clay 1,375 acre (now Alberhill Villages) mining site was the subject of an annexation and a Preannexation and Development Agreement. The Preannexation and Development Agreement contemplated future adoption of a specific plan for the site following annexation into the City. The annexation was completed in 2008 upon certification by LAFCO (see Figure A-6, Appendix A) and the Preannexation and Development Agreement subsequently expired. On February 24, 2004, Castle & Cooke properties throughout Riverside County were removed from coverage under the MSHCP pursuant to a lawsuit settlement agreement with Riverside County. The Pacific Clay properties were part of this settlement agreement and this 1,375-acre portion of the project area is not subject to the provisions of the MSHCP, but will include wildlife corridors and connections throughout the Alberhill Villagesarea. Alberhill Villages Specific Plan 16 On June 14, 2016, after public hearings and adequate environmental analysis, the City Council granted the following approvals: (i) Resolution No. 2016-076 certifying the Final Environmental Impact Report (SCH No. 2012061046) for the Alberhill Villages Specific Plan No. 2010-02 (the “Final EIR”), General Plan Amendment No. 2012-01 and Zone Change No. 2012-02, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program; (ii) Resolution No. 2016-77 approving General Plan Amendment No. 2012-01 which amended the Lake Elsinore General Plan land use designation for the Property to “Alberhill Villages Specific Plan”; (iii) Ordinance No. 2016-1361, effective July 28, 2016, adopting the Alberhill Villages Specific Plan No. 2012 and Zone Change 2012-02 which amended the zoning for the Property to “Alberhill Villages Specific Plan.” The AVSP incorporates the 1,375-acre Pacific Clay site into one specific plan document covered by one project EIR. This new Amended and Restated Alberhill Villages Specific Plan is a first tier entitlement for a master planned community consisting of up to 8,024 units to the site. In addition to these residential units, the Pacific Clay site will include approximately 3,810,300 square feet of commercial and office uses, which are also contemplated in the City of Lake Elsinore General Plan, adopted December 13, 2011. The governing General Plan Land Use Designation is set forth in the City of Lake Elsinore 2011 General Plan which designates the Alberhill Villages Specific Plan project area with conceptual AVSP land uses and circulation intensities reflected in the various Elements of the 2011 General Plan. 2.5. GOVERNMENTAL AUTHORITY The adoption of the AVSP by the City of Lake Elsinore is authorized by California Government Code, Title 7, Division 1, Chapter 3, Article 8, §65450 through §65457. As set forth by the Government Code, Specific Plans must contain the information outlined below in either text and/or exhibits. References to the location of this information within the AVSP are shown in bold. The distribution, location, and extent of the uses of land, including open space, within the area covered by the Plan. (Chapter 3 Development Plan, Land Usesection) The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the Plan and needed to support the land uses described in the Plan. (Chapter 3 Development Plan, Circulation and Infrastructure sections) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (Chapter 4 Development Regulations) A program of implementation measures including land development regulations, capital improvement programs, public works projects, and financing measures necessary to Alberhill Villages Specific Plan 17 carry out the above items. (Chapter 5, Implementation) A statement of the relationship of the Specific Plan to the General Plan. (Chapter 6, General Plan Consistency Analysis) The City of Lake Elsinore Zoning Ordinance repeats the same state mandated requirements, but sets forth some additional requirements for specific plansincluding: General plan, regional and sub-regional or community plan land use designations (Chapter 2 Introduction, Historical Backgroundsection) Slope analysis (Chapter 3 Development Plan, Grading section) General objectives/concepts (Chapter 3 Development Plan) Tabulation of land area to be devoted to various uses including open space (details to be provided in a subsequent Phased Development Plans) A calculation of the overall density and the average densities per net residential acre of the various residential areas (to be provided in a subsequent Phased Development Plan) The AVSP will be adopted as a zoning ordinance and, as such, modifications may be made to the additional non-state mandated Specific Plan requirements contained in the City’s Municipal Code. Alberhill Villages Specific Plan 18 Chapter 3.DEVELOPMENT PLAN 3.1. VISION, GOALS, AND OBJECTIVES Vision The vision for the AVSP is to reclaim a more than 100-year-old mining site and develop a landmark university-oriented mixed-use planned community over the span of several decades, which will define the northwestern entrance into the City of Lake Elsinore. The AVSP will create a comprehensive and functional community that blends with the City of Lake Elsinore and provides a major entry statement for the north end of town. Land Use Goal 1:To provide a jobs/housing balanced and integrated community offering a diverse range of residential densities and housing types, community mixed- use centers, and a comprehensive open space system focused around a university campus and regionally-oriented mixed-use core. Objective 1-1:Establish a major regionally-oriented mixed-use village core, which can be conveniently accessed from the I-15 freeway. Objective 1-2:Provide employment opportunities through the establishment of a university campus, a medical complex, and mixed-use centers which have the capability of providing commercial retail and office uses, civic uses, social entertainment, active and passive recreational opportunities, and cultural uses. Objective 1-3:Provide residential housing opportunities for a variety of family types and individuals of varying economic means. Objective 1-4:Strive to locate all neighborhoods conveniently close to an overall open space network and trail system that will provide access to the mixed-use centers, parks, schools, and employment areas within the planned community. Objective 1-5:Allow for the provision of parks, schools, and other public facilities necessary to serve the specific plan area. Objective 1-6:Provide for flexibility, especially in the “intensification zones”, for private redevelopment to accommodate the future needs of thecommunity. Contents 3.1 Vision, Goals, and Objectives 3.2 Land Use 3.3 Overlay Zones 3.4 Villages and Planning Areas 3.5 Project-wide Development Standards 3.6 Circulation Network 3.7 Public Services andUtilities 3.8 Grading Alberhill Villages Specific Plan 19 Circulation Goal 2:To create a multi-modal circulation system that involves close coordination of land use and transportation planning to provide adequate roadway capacity for the automobile, reduce the length and number of vehicle trips, provide alternate routes to several destinations, and accommodate the needs of community residents and visitors traveling by foot, bicycle, and transit, as well as the automobile. Objective 2-1:Widen and realign Lake Street to provide a major arterial roadway to serve the project area and northwestern portion of the city. Objective 2-2:Re-route Temescal Canyon Road as well as relocating the bridge over Temescal Creek to tie into Lincoln Avenue as a major alternate arterial highway through the northern portion of the city towards the I-15freeway. Objective 2-3:Create street networks directly connecting local destinations that are safe and inviting to use by pedestrians, bicyclists, and other various modes of transportation such as bus andautomobile. Objective 2-4:Utilize a modified grid system that aids in dispersing vehicular traffic throughout the project site to minimize congestion on backboneroads. Objective 2-5:Minimize signalized intersections along Lake Street and Temescal Canyon Road, the main north/south routes within the project area, in order to allow for the smooth flow of traffic to the freeway and mixed-usecenters. Objective 2-6:Provide pedestrian linkages and hiking trails to open space and recreational areas. Objective 2-7:Adopt a transportation management plan in conjunction with each independent Phased Development Plan to reduce trips and add capacity to the internal and external roadway systems. Infrastructure and Public Facilities Goal 3:To ensure the timely provision of adequate infrastructure and community services that promotes a healthy and safe living environment through a coordinated planning approach. Objective 3-1:Work with EVMWD to initiate the establishment of a lift station and a sewer force main system, to provide sewer treatment service and sewer trunk lines to thearea. Objective 3-2:Provide sewer, water, and other infrastructure and services in phases in conjunction with development in order to properly accommodategrowth. Objective 3-3:Work with the Elsinore Valley Municipal Water District (EVMWD) and/or other agencies to set funding and development priorities for the use of water and other resources, provide monitoring of infrastructure systems, and evaluate new products and processes for inclusion into communitysystems. Objective 3-4:Optimize the use of both public and private resources through efficient siting of public facilities near to and easily accessed by the enduser. Alberhill Villages Specific Plan 20 Objective 3-5:Assist in planning for community services that are efficiently staffed, managed, and conveniently located to meet the needs of residents and the greater community. Objective 3-6:Utilize reclaimed water if available from EVMWD and install “purple pipes” to encourage the use and installation of reclaimed water for the future for the region. Objective 3-7 Encourage the use of swales or other permeable surface water conveyance devices to maximize local infiltration ofrunoff. Extractive Activities/Reclamation Goal 4:To reclaim mined lands while ensuring that the health, safety, and welfare of residents is protected. Objective 4-1:Ensure proper reclamation and land use compatibility between mining activities and surrounding uses pursuant to the applicable reclamation plan, interim mining development requirements as implemented in the AVSP and Surface Mining and Reclamation Act (SMARA) requirements. Objective 4-2:Provide for phased development within the AVSP area to ensure mining activities will continue until resources are fullyextracted. Sustainability Goal 5:To incorporate sustainable design concepts into the community which balance environmental, economic, and social equity concerns. Objective 5-1:Promote the efficient use of natural resources and environmentally sustainable behaviors through the thoughtful siting and design of buildings and associated infrastructure and the use of feasible technological advances that reduce the environmental impact of development. Objective 5-2:Create quality employment opportunities that will provide living wages, encourage commercial uses that will generate sales tax revenue, and reduce resource and infrastructure costs through compact development and sustainable design. Objective 5-3:Promote community interaction by establishing a variety of both private and public gathering places for residents and the community at large and promoting a variety of cultural and recreational sports activities andevents. 3.2. LAND USE The land use plan (refer to Figure 3-1, Comprehensive Land Use Plan) contains a total of twelve (12) land use designations grouped into six (6) land use categories: Regional Mixed-Use, Institutional/Educational, Residential, Hillside Residential, Community Mixed-Use, and Open Space, described asfollows: Alberhill Villages Specific Plan 21 Figure 3-1 Comprehensive Land Use Plan Alberhill Villages Specific Plan 22 Regional Mixed Use (University Town Center) The University Town Center, a regional mixed use area, is the largest of the mixed-use and has a regional focus due to its proximity to the I-15 Freeway and three major roads: Lake Street, Lincoln Street and Temescal Canyon Road. It is intended that this area will accommodate a wide variety of uses including civic/institutional, commercial/retail, professional office/medical, and entertainment. A maximum of 1,670 dwelling units and 1,335,800 square feet of non- residential uses have been allocated to this land use category. Land use designations within this category include Mixed Use/Office/Medical, Mixed Use/Regional Commercial and Open Space, as shown on the Comprehensive Land Use Plan Figure 3-1 Institutional / Educational (UniversityVillage) The institutional/educational land use category has been set aside for the development of a university campus or similar educational institutions which are intended to accommodate up to 6,000 students. This university is intended to serve the existing and proposed communities as well as the larger region, which has a shortage of higher educational facilities. Approximately 1,500,000 square feet of institutional/office uses have been allocated to the university area. Some retail use may also occur along the campus’s northern edge in an effort to seamlessly integrate the campus into the community. A maximum of 451 dwelling units has been allocated to this area to help meet the housing needs of the university as well as the surrounding community. Land use designations within this category include University and Multi-Family Residential, as shown on the Comprehensive Land Use Plan Figure 3-1 Residential (Parkview Village, Lakeside Village, and RidgeviewVillage) This residential land use category covers the greatest area within the Specific Plan as well as the flexibility to provide a variety of residential uses with specific densities to be determined in subsequent Phased Development Plans (PDPs). The higher density residential neighborhoods should surround the mixed-use areas to enhance the success and viability of these areas while the lower density residential uses should be located towards the edges of the Specific Plan community with the least intense uses in the southwest hillside area. A variety of housing types for seniors, including congregate care, will also be available for future residents. A maximum of 5,685 dwelling units has been allocated to the residential land use category. There are two worship centers located within these three Villages that are anticipated to offer day care as well as some schooling facilities. Supporting land uses such as schools, parks, neighborhood commercial, and pedestrian paseos can also be accommodated within this land use category and will serve as focal points for the Villages and neighborhoods. Land use designations within this category include Single-Family Residential, Multi-Family Residential, Elementary School, Worship, Park, Lake and Open Space, as shown on the Comprehensive Land Use Plan Figure 3-1 Hillside Residential (Highlands Village) This hillside residential land use category is located within the southwestern portion of the site where there is some steeper terrain and will contain a maximum of 8 custom residences at a very low density. The individual home sites will be located in a manner as to minimize pad grading while providing privacy and views. This area will also include a linear greenbelt, detention basin facilities, a water tank facility, and a paseo that links to the community Lakeside Park. A wildlife connection is also included in this Village adjacent to Lincoln Street and leading Alberhill Villages Specific Plan 23 to the east-west Lakeside Park connection and beyond to MSHCP conserved lands. Land use designations within this category include Hillside Residential and Open Space, as shown on the Comprehensive Land Use Plan Figure 3-1 Community Mixed Use (Alberhill Town Center Village, Lakeside MixedUse) Town Center, a community mixed use area, is intended to serve the needs of the surrounding proposed and existing communities without intruding on smaller residential neighborhoods. A maximum of 150 dwelling units and 592,500 square feet of non- residential uses have been allocated to this land use category. Lakeside Mixed Use is also intended to serve the community. This center will have a maximum of 60 units and 382,000 square feet of non- residential uses. Land use designations within this category include Commercial/Mixed Use and Worship, as shown on the Comprehensive Land Use Plan Figure 3-1 Open Space The AVSP includes re-created and restored natural wildlife and open space connections in key locations in the Specific Plan area to provide continuity to the National Forest off- site to the south and the MSHCP core areas off-site to the north. (Refer to Figure 3-2, Open Space Vicinity Map.) The intent of these wildlife connections is to facilitate connections to allow for safe passage of wildlife around the community and towards the existing I-15 under passes that permit wildlife to safely cross the I-15 freeway into core MSHCP areas (Figure 3-2, Open Space Vicinity Map and Figure 3-3 Open Space Map.) These open space connections can be designed to separate wildlife from humans through the use of lighting, educational signage, and fencing. Multi- purpose trails are also a component of these connections, generally located along the outer edge in order to maximize the effectiveness in moving wildlife along and through these open space areas (Refer to Figure 3-4 Open Space Corridor Sections and Figure 3-5 Temescal Creek Open Space Corridor Sections). Land use designations within this category include Open Space. Alberhill Villages Specific Plan 24 Figure 3-2 Open Space Vicinity Map Alberhill Villages Specific Plan 25 Figure 3-3 Open Space Map Alberhill Villages Specific Plan 26 Figure 3-4 Open Space Corridor Sections Alberhill Villages Specific Plan 27 Figure 3-5 Temescal Creek Open Space Corridor Sections Alberhill Villages Specific Plan 28 3.3. OVERLAY ZONES A mining overlay zone will be maintained over the entire AVSP area in order to accommodate ongoing mining operations. The AVSP Development Regulations provide standards for these mining operations to avoid conflicts with adjacent urban development. (Refer to Figure 3-5, Overlay Zones.) This document also provides the ability for the AVSP area to evolve by establishing intensification overlay zones for targeted planning areas where higher intensity developments will be permitted to occur in the future as a result of changing market conditions (Refer to Figure 3-5, Overlay Zones.) The initial stages of development within the intensification overlay areas are expected to proceed at a rate that the current market can support with an ability to privately redevelop or intensify in the future, once market conditions warrant the intensification. For example, an initial PDP for the University Town Center (UTC) may specify a plan for low rise commercial development, but as the community becomes more highly populated, the I-15 Freeway corridor intensifies, alternate modes of transportation become available, and housing demand increases, a subsequent PDP may be prepared which intensifies the area with the addition of housing units. There is no limit to the number of times that PDPs that can be processed for the areas within the intensification overlay zones; provided that the maximum entitlements allotted under the AVSP are not exceeded. A subsequent PDP does not necessarily have to follow the same geographic boundaries as the previously approved PDP. They may cover all or a portion of the intensification overlay zone area identified in the previous PDP and they may or may not include areas outside of the intensification overlay zone. Any subsequent PDP or intensification that allows an increase in density requires the approval of an amendment to the AVSP. Areas outside of the intensification overlay zone are not suitable for re-intensification. Subsequent PDPs outside the intensification overlay zone shall retain the land use designations and intensities under which these areas were developed. 3.4. VILLAGES AND PLANNING AREAS The Specific Plan area has been organized into Villages and Planning Areas. (Refer to Figure 3- 6, Village & Planning Areas Map.) Each Village is intended to create and maintain a unique character. There are a total of six Villages and each is bounded by major roadways, topography, and intended service area (i.e. regional or community focused). In addition, each Village will be anchored by a central focal point such as a school, park, commercial core, and plaza so that these uses are within a ten-minute walk or five-minute bike ride from residentialuses. Village 1: University Town Center and University Village This Village includes regional mixed use and the site for the university campus. At ultimate build out it is intended to be the most intense, active, and vibrant area with regionally-focused commercial uses adjacent to I-15, housing for various types of occupants including students, teachers, alumni, senior citizens, working professionals, and families, a potential office/medical center, and entertainment uses. This Village also includes a wildlife corridor along Temescal Creek at the northern boundary of the AVSP near Interstate 15 that will have minimum width between 250 and 500 feet. Alberhill Villages Specific Plan 29 Figure 3-6 Overlay Zones Alberhill Villages Specific Plan 30 Figure 3-7 Village and Planning Area Map Alberhill Villages Specific Plan 31 Village 2: Parkview This District is bounded by the wildlife connection adjacent to Temescal Canyon Road/Lincoln Street, steep slopes to the south, and the project boundary to the north and west. A wildlife corridor, with a minimum width of 500 feet, runs along the western boundary of the AVSP and a pedestrian open space/trail corridor is provided along a tributary of a canyon drainage that will carry a portion of the storm water runoff. A park and elementary school will provide a focal point and social gathering place for the neighborhoods within this District and should be centrally located to facilitate safe and easy walking. A place of worship site will round out the variety of land uses in this Village. Village 3: Highlands This hillside area consists of two major components: custom hillside estate homes that will be located in and along the highest portions of the site and the open space connections that run along the western boundary of the AVSP and Temescal Canyon Road/Lincoln Street. The open space connection will serve a multitude of functions including drainage, sediment collection, wildlife conveyance, and recreational pursuits. In addition, the open space connection will buffer the low density residential development from the more intense development to the east. Village 4: Lakeside The central portion of the Specific Plan area contains the Lakeside Village. A lake and community park is designed for this area to serve as a transition between the intense University Mixed-Use District and the residential districts to the south, east, and west. A series of interconnected open space areas for pedestrians, bicyclists, and wildlife will be provided. This Village is within easy walking distance of the community Alberhill Town Center along Lake Street and Nichols Road. A lake front mixed use area is also located in thisVillage. Village 5: Ridgeview The Village will be anchored by residential and is also within easy walking distance of the existing Alberhill Ranch Regional Park and the community Alberhill Town Center along Lake Street and Nichols Road. In addition, the Village includes a 45.9-acre sports park. Overall, the Village is surrounded on the south and west by open space. Village 6: Alberhill Town Center The site is intended to accommodate a mix of uses such as a major market, office, smaller retail businesses, and residences, located in a manner which creates a pleasant pedestrian environment complete with public spaces. Planning Areas Each Village is divided into smaller Planning Areas or Neighborhoods. Individual Planning Areas or Neighborhoods have boundaries that are defined by major and minor roadways or distinct topographic features. In addition, they are sized so that uses are within a five-minute walk or quarter mile radius. Table 3-1, Land Use Summary by Planning Area, identifies the maximum allowable dwelling units, non-residential square footage, and students permitted by Planning Area (or Neighborhood) and Phase. Alberhill Villages Specific Plan 32 Table 3-1 Land Use Summary by Planning Areas. PHASE PLANNING AREA LAND USE ACRES DWELLING UNITS (MAX) F.A.R.NON- RESIDENTIAL BLDG. (SQ. FT.) SCHOOL CAPACITY (STUDENTS) 1 1A UNIVERSITY 63.6 0.54 1,500,000 6,000 1A MF-35 12.9 451 1B MU/REG COM 1.7 15 0.35 26,000 1B PARK (TG)0.7 1B MU/REG COM 1.7 15 0.35 26,000 1B MU/REG COM 35.7 206 0.46 717,500 1B MU/REG COM 5.8 30 0.33 82,300 1B OS (TEM CREEK)1.7 1B OS (LAKE ST)0.7 4C COMMERCIAL/MU 12.7 60 0.69 382,000 4C LAKE 26.0 4C PARK (TG)0.7 4C PARK 15.5 4C SF-10 18.7 190 4B MF-16 11.9 192 6A COMMERCIAL/MU 25.7 100 0.35 392,500 6B COMMERCIAL/MU 13.1 50 0.35 200,000 6B WORSHIP 10.0 600 SUBTOTAL 258.8 1,309 3,326,300 6,600 2 4B SF-10 16.0 160 4B SF-7 10.5 74 4B MF-16 17.2 275 5B SF-7 13.1 92 5B MF-16 14.8 237 5B PARK 45.9 5B OS 6.0 SUBTOTAL 123.5 838 0 0 3 4A MF-35 25.4 889 4A SF-10 36.4 364 4A PARK 18.6 4A SF-5 53.0 265 4A SF-5 14.5 73 4A SF-5 30.4 152 4A SF-7 15.2 106 5A SF-5 22.6 113 5A SF-7 12.4 87 5A SF-5 17.4 87 5A OS 8.6 3B OS 67.7 3B OS-N 19.7 SUBTOTAL 341.9 2,136 0 0 4 2A SF-4.5 37.6 169 2A SF-4.5 9.1 41 2A SF-4.5 6.4 29 2A SF-4.5 17.1 77 2A SF-4.5 20.8 94 Alberhill Villages Specific Plan 33 PHASE PLANNING AREA LAND USE ACRES DWELLING UNITS (MAX) F.A.R.NON- RESIDENTIAL BLDG. (SQ. FT.) SCHOOL CAPACITY (STUDENTS) 2A SF-4.5 23.2 104 2A SF-7 21.7 152 2A MF-35 10.0 350 2A OS-N 0.5 2A OS 61.0 2C SF-6 20.2 121 2C SF-7 13.2 92 2C SF-7 10.6 74 2C ELM SCHOOL 12.0 850 2C PARK 14.3 2C WORSHIP 5.2 600 SUBTOTAL 282.9 1,303 0 1,450 5 3A HILLSIDE 146.9 8 3A PW 1.2 3A OS 18.3 3A OS 1.5 SUBTOTAL 167.9 8 0 0 6 1C MU/OFFICE/MED 39.7 1,404 0.28 484,000 1C OS (TEM CREEK)6.8 1C OS-N 2.3 2B MF-35 29.3 1026 SUBTOTAL 78.1 2,430 484,000 0 STREETS 121.9 TOTAL 1,375.0 8,024 3,810,300 8,050 Alberhill Villages Specific Plan 34 3.5. PROJECT-WIDE DEVELOPMENT STANDARDS In order to ensure the orderly and sensible development of the land uses proposed for the Alberhill Villages Specific Plan, land use planning and design standards have been incorporated into the Specific Plan document. These land use planning and design standards, will assist in accommodating the proposed development and provide adequate transitions to neighboring land uses. Additionally, project-wide development standards have also been prepared to complement those described throughout the Specific Plan document. The project-wide standards are: 1) All mitigation measures set forth in the Alberhill Villages Program Environmental Impact Report (State Clearinghouse No. 2012061046) are incorporated by reference and shall be incorporated where applicable as conditions of approval for implementing development projects within the Alberhill Villages Specific Plan. 2) Uses and development standards will be in accordance with City of Lake Elsinore Municipal Code, as amended by the Alberhill Villages Specific Plan and will be further defined by the Specific Plan design guidelines, future detailed Phased Development Plans, and future detailed development proposals including subdivisions, design review approvals and conditional use permits. 3) Standards and guidelines relating to signs, landscaping, parking and other related design elements will conform to City of Lake Elsinore Municipal Code, as amended by the guidelines and standards within the Alberhill Villages Specific Plan. 4) Development of the property shall be in accordance with the mandatory requirements of the Lake Elsinore Municipal Code and State laws; and shall conform substantially to the Alberhill Villages Specific Plan, unless otherwise amended. 5) Lots created pursuant to this Specific Plan and subsequent tentative maps shall be in conformance with the Alberhill Villages Specific Plan development regulations applied to the property, and all other applicable City standards and the California Subdivision Map Act. 6) Flag lots shall not be permitted. 7) A land division filed for the purposes of phasing or financing shall not be considered an implementing development application. 8) Construction of the Specific Plan, including recordation of final subdivision maps, may be done progressively in phases, provided vehicular access, public facilities and infrastructure is constructed to adequately service the dwelling units or as needed for public health and safety in each stage of development. 9) Wildlife corridor crossings at Lake Street, Temescal Canyon Road and Lincoln Street within the Alberhill Villages Specific Plan shall be designed and constructed to include wildlife movement underpasses of sufficient size to accommodate large mammals. No pedestrian paths, trails and bikeways or roads shall be located within any wildlife corridor; but may be located adjacent to them. All wildlife corridors shall be separated from any adjacent pedestrian paths, trails and bikeways and roads by appropriate Alberhill Villages Specific Plan 35 fencing to minimize wildlife/human interaction. Such fencing shall be approved by the Community Development Department prior to installation. 10)Site-specific Traffic Impact Analyses (traffic studies) shall be required for each Phased Development Plan (PDP) and for all subsequent implementing development projects in accordance with the City’s Traffic Impact Analysis Preparation Guide requirements in effect at the time of Traffic Impact Analysis preparation. 11)Prior to approval of the first Phased Development Plan (PDP), a TIA evaluating cumulative impacts of the AVSP on regional transportation facilities within the City’s sphere of influence, including without limitation, Temescal Canyon Road- Lake Street to Indian Truck Trail, Lake Street – I-15 to Mountain Avenue, and Nichols Road – Lake Street to I-15, shall be completed in consultation with the County of Riverside and WRCOG. To ensure that impacts of the AVSP on the regional road network are mitigated on a fair share basis, a Phased Road Improvement Plan shall be prepared in conjunction with the first Phased Development Plan and, to the maximum extent allowable in accordance with the TUMF program, any regional road improvements constructed by the developer shall be exchanged for TUMF fee credits. 12)Passive solar heating techniques shall be employed whenever practicable within the project. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, adequate roof overhangs and proper wall insulation. 13)Prior to approval of a Final Map, Parcel Map, Residential Design Review, or Conditional Use Permit (as applicable), the project developer shall annex into Community Facilities District No. 2015-1 (Safety) or such other Community Facilities District for Law Enforcement, Fire and Paramedic Services established at the time of such approval to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively, the project developer may form a new Community Facilities District for Law Enforcement, Fire and Paramedic Services or propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Community Facilities District No. 2015- 1 or other CFD for law enforcement, fire and/or paramedic services will be subject to an biennial review by the City and adjustments to special taxes collected thereunder will be made in accordance with the requirements of the Mello-Roos Community Facilities Act of 1982, as amended from time to time. 14)Prior to approval of a Final Map, Parcel Map, Design Review, or Conditional Use Permit or building permit (as applicable), the project developer shall annex into Community Facilities District No. 2015-2 (Maintenance Services) or such other Community Facilities District for Maintenance Services established at the time of such approval to fund the on- going operation and maintenance of the (i) public right-of-way, including street sweeping, (ii) the public right-of-way landscaped areas and parks to be maintained by the City; and (iii) 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 streets, 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. Alternatively, the project developer may form a new Community Facilities District for Maintenance Services or propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Alberhill Villages Specific Plan 36 3.6. CIRCULATION NETWORK Regional access to the specific plan area will occur from I-15 Freeway which connects to the project site via an interchange at Lake Street. Two parallel routes, Lake Street and Lincoln Street, will function as the main north/south roadways through the project site. Temescal Canyon Road will be reconfigured with a relocation of the bridge over Temescal Creek in order to link with both Lincoln Street and Lake Street. In order to minimize congestion near the freeway, the first signalized intersection within the project site has been located on Lake Street approximately 900 to 1,000 feet from the I-15 on and off ramps utilizing trap lanes. This same minimum spacing has been used for four-way intersections along both roads. (Refer to Figure 3- 7, Circulation Plan.) The project has been designed to accommodate several multi-modal forms of transportation including transit, walking, and bicycling, that will evolve over a 30-year period. The framework and right of ways have been planned to accommodate these potential future features. With the I-15 freeway expected to become a future transit corridor, a future transit station or stop may be located in the University Town Center area and a future bus route may serve Nichols Road and Lake Street connecting residential areas with the University and Alberhill Town Center. Walking and bicycling is encouraged through the establishment of multi-use trails that permit both forms of transportation and which have a rest stop located approximately every quarter mile. A project core area with a variety of intense uses ranging from regional commercial and office/medical uses, a university of 6,000 students, housing at 35 dwelling units per acre, and a large lakeside park will also contribute to pedestrian activity through the incorporation of a pedestrian spine which contains a series of special event gathering places or focal points such as plazas, mini- parks, or a town green. A transportation management plan will be adopted as part of each PDP to spread out peak travel times through ridesharing, van-sharing, employee flex-time, and bike-to-workprograms. A modified grid system has been utilized within the project area in order to disperse traffic and to maintain road sections as narrow as possible for a safe pedestrian-oriented community. Lake Street and Temescal Canyon Road are joined by east/west two-lane collectors at various key locations where community and regional mixed uses will generate the most traffic. The system is augmented by other two-lane streets that further disperse traffic throughout the project site. This arrangement allows local trips to occur by foot, bicycle, or automobile and reduces pedestrian and bicycle interaction with vehicular traffic on wide four- or six-lanestreets. To further contribute to the pedestrian oriented environment, a number of different traffic calming or speed reducing devices or designs shall be implemented in PDPs including roundabouts, neck- downs, cul-de-sacs, divided roadbeds, knuckles, pocket parks, and neighborhood focal points (refer to Appendix B, Sample Traffic Calming Devices). Similar devices may also be utilized as long as they meet the goals and intent of the circulation system for this SpecificPlan. Alberhill Villages Specific Plan 37 Figure 3-8 Circulation Plan Alberhill Villages Specific Plan 38 3.7. PUBLIC SERVICES AND UTILITIES Water Existing and proposed tanks and other water facilities will serve the project’s three different pressure zones. The portion of the project within the 1434 pressure zone will be served by the existing 8.0 MG tank located north of the site along Lake Street. The proposed 1601 zone tanks will be located on the eastern ridge to the east of Lake Street as well as along the western border of the Hillside Residential District. Homes in the Hillside Residential will be served by the existing 1801 zone tanks. Water will be supplied by EVMWD which supplies water from a combination of water wells and imported water. Sewer Wastewater treatment will occur at the existing EVMWD Regional Wastewater Treatment Plant. AVSP will install portions of the EVMWD Master Plan Lift Station and Force Main system in order to convey wastewater flows to the existing EVMWD Regional Wastewater Treatment Plant. The collection system of appropriately sized pipes will accommodate sewer service for the area with the backbone sewer lines located in Temescal Canyon Road and Lake Street. Sewer lines and Lift Stations will be sized to convey ultimate sewer flows at build-out. Drainage A multi-faceted storm drain system utilizing above and below ground facilities will be used to treat, detain, and convey storm flows where necessary. Low flows are intended to be managed in surface systems such as naturally vegetated bio-swales while major flows are intended to be conveyed in underground facilities. The major offsite flows from Rice Canyon District and Horsethief Canyon District drainage areas will first pass through sediment basins in order to remove debris from the storm water runoff. On a periodic basis the remaining debris will be removed from the sediment basins. The proposed lake system will also be used to retain portions of clarified storm flows. A stream or series of streams will utilize on-site spring water to replenish and cleanse the project’s lake(s). A series of channels, large pipes, and box culverts will be used to convey flows ultimately to the Temescal CreekChannel. Sediment basins will generally be maintained by a Homeowner’s Association. Some facilities may be maintained by the Riverside County Flood Control and Water Conservation District if that agency accepts the facility(ies) for maintenance. Similarly, the City of Lake Elsinore may maintain sediment basins, if it accepts them for maintenance. However, absence acceptance by the Riverside County Flood Control District or the City, the basins will be maintained by a Homeowner’s Association. Removal of debris from the basins should occur after each major storm event, but at least once each year. Solid Waste The City of Lake Elsinore has a franchise agreement with CR&R Disposal, Inc. to provide solid waste services within the City. The solid waste that is collected within the project area can be hauled to the El Sobrante Sanitary Landfill, Badlands Landfill, and Lamb Canyon Landfill located within Western Riverside County. These facilities are Class III landfills that accept construction/demolition waste and mixed municipalrefuse. Alberhill Villages Specific Plan 39 Electrical and Natural Gas The City of Lake Elsinore receives electrical service from Southern California Edison (SCE). Gas service is provided by the Southern California Gas Company (The Gas Company). There are existing 115KV power lines in Lake Street and Temescal Canyon Road as well as an existing 6” high pressure gas line. Both SCE and the Gas Company work with developers and the City as development proposals come forward in order to determine the appropriate location for additional facilities needed to meet future demand. Police Protection The City of Lake Elsinore, through a contract with the Riverside County Sheriff’s Department, will provide police protection for the AVSP area. The nearest Lake Elsinore Police Department/Sheriff’s Station is located at 333 Limited Avenue in Lake Elsinore, approximately 5 miles southeast from the AVSP site. Currently, the City of Lake Elsinore’s contract provides for 146.3 hours of daily patrol time. For Fiscal Year 2014/2015, the total number of sworn officers serving the City is 43.6, which equates to a ratio of 1 sworn officers per 1,000 population. This ratio only includes patrol time and is consistent with countywide police staffing levels. If an additional police substation is required to service the AVSP area, it may be located within the University Town Center Village. Fire Protection The City of Lake Elsinore, through a contract with the Riverside County Fire Department, will provide fire protection. The nearest Fire Station is Fire Station No. 85 located at McVicker Park at 29405 Grand Avenue, approximately 10 miles southeast of the AVSP site. All of the Riverside County fire stations are part of the Integrated Fire Protection System, under contract with the State, and may have a mix of State, County, contract City, or volunteer staffed equipment. All calls for a fire substation may be required within the AVSP area to provide the necessary coverage. If required, the fire substation may be located within the University Town Center or east of Lake Street in the Alberhill Ridge Specific Plan area subject to review and approval by the appropriate fire agencies. Fire services are dispatched by the same County Fire 9-1-1 Center. In addition to emergency and fire services, the City receives services such as administration, personnel, finance, dispatch, fire prevention, hazardous materials, training, emergency services and arson investigation from the Department. Schools School sites have been provided in accordance with the Lake Elsinore Unified School District’s criteria for sizing facilities. One elementary school student capacity of 850 has been identified within the AVSP area. Library City residents have access to all libraries and bookmobiles within the Riverside County library system. In addition, all new subdivisions, apartments, condominiums, four-plexes, triplexes, duplexes, mobile homes, and single-family residences are required to pay a library fee, which is used to fund a city operated library facility. Alberhill Villages Specific Plan 40 Parks The integration of recreational components and recreation-oriented open space is critical to the overall success of any community as it is through these spaces that the interaction between people can occur. One of the basic features of the AVSP is the inclusion of various public and private recreation and open space components to ensure a distinctive quality of life. These areas will meet the many recreational needs of the Villages’ residents and visitors, as well as, the recreational needs of many of the City of Lake Elsinore’s residents. The recreational facilities and park sites within the AVSP include the following: •A 45.9-acre City Regional Sports Park – see Figure 4-16 •A Regional Recreational Lake & Lakeside Park totaling 41.5 acres •An active 14.3-acre Public Community Park •A 6.0-acre community garden •Two town greens (approximately ¾ acres each) •Thirty-five (35) Private Pocket Parks (approximately one (1) acre each) •Pedestrian Paseos •Trails •Plazas/Hardscapes Park and recreation facilities needed to serve the AVSP area are included within the AVSP. The Developer will construct either all or portions of the parks and recreational facilities; dedicate or transfer title to the appropriate entity; and identify maintenance responsibility within the AVSP as set forth in Table 3-2 below: Alberhill Villages Specific Plan 41 Table 3-2 Park and Recreation Facility Responsibility Facility Construction Description Future Ownership Maintenance Entity Commencement Completion 45.9-acre Regional City Sports Park 1) Design & Concept Plan for entire park site and proposed Phasing Plan 1) Submitted with First PDP 2) Rough grading of entire park site by Developer at Developer’s cost in accordance with City approved rough grading plans and drawings 2) Commencement upon the later of plan approval or City’s receipt of Alberhill Park Fees totaling $6,000,000 2) 18 months from commencement 3) Adjacent offsite public roadway and utility infrastructure for park to be constructed and funded by Developer 3) City of Lake Elsinore / applicable utility provider 3) Commencement upon the later of completion of rough grading or City’s receipt of Alberhill Park Fees totaling $7,500,000 3) 2 years from commencement 4) Onsite park improvements for park Phase 1 (i.e., park improvements that can be constructed at a cost not exceeding the Alberhill Park Fees then received by City), to be constructed by Developer, with Alberhill Park Fees then received by City OR City may elect to construct park improvements with Alberhill Park Fees then received by City 4) Dedication to City of Lake Elsinore 4) City of Lake Elsinore 4) Commencement upon the later of completion of adjacent offsite roadway and utility infrastructure or City’s receipt of Alberhill Park Fees totaling $10,000,000 4) 2 years from commencement Alberhill Villages Specific Plan 42 Facility Construction Description Future Ownership Maintenance Entity Commencement Completion 5) Subsequent park phases (i.e., onsite park improvements to be constructed in phases at a cost not exceeding the remaining balance1 Alberhill Park Fees then received by City), to be constructed by Developer, with the remaining balance1 of Alberhill Park Fees then received by City OR City may elect to construct park improvements with the remaining balance of Alberhill Park Fees then received by City 5) Dedication to City of Lake Elsinore 5) City of Lake Elsinore 5) To be determined by City based upon scope of park phase improvements that can be constructed at a cost not exceeding the remaining balance1 of Alberhill Park Fees then received by City 5) To be determined based on scope of park phase improvements, but not more than 2 years from commencement 14.3-acre Public Community Park Turnkey, constructed and funded by Developer Dedication to City of Lake Elsinore City of Lake Elsinore Detailed site plan, construction & engineering drawings prepared by developer and submitted to City prior to recordation of first Final Map in Phase 4 Upon issuance of one-half of Residential building permits in Phase 4 41.5-acre Recreational Lake & Lakeside Park Turnkey, constructed and funded by Developer Grant deed to HOA HOA Detailed site plan, construction & engineering drawings prepared by developer and submitted to City prior to Upon issuance of 1,500 cumulative Residential building permits (including building permits for single family and multi family 1 Remaining balance shall mean that balance of the Alberhill Park Fees then received by City less the portion thereof that has been previously spent or committed for “onsite” park improvements. Alberhill Villages Specific Plan 43 Facility Construction Description Future Ownership Maintenance Entity Commencement Completion recordation of first Final Map in in Phase 2 residential dwelling units) in the Project 35.1-acre Private Pocket Parks Turnkey, constructed and funded by Developer Grant deed to HOA HOA Detailed site plan, construction & engineering drawings prepared by developer and submitted to City prior to recordation of first Final Map in in respective Phase Upon issuance of one-half of Residential building permits in respective Phase 2 – 0.75-acre Town Greens Turnkey, constructed and funded by Developer Grant deed to HOA HOA Detailed site plan, construction & engineering drawings prepared by developer and submitted to City prior to recordation of first Final Map in in respective Phase Upon completion of adjacent streets 6.0-acre Community Garden Turnkey, constructed and funded by Developer Grant deed to HOA HOA Detailed site plan, construction & engineering drawings prepared by developer and submitted to City prior to recordation of first Final Map in in Phase 3 Upon completion of adjacent streets The location and definition of these recreation areas shall be reviewed and approved as part of each Phased Development Plan and the subdivision and Design Review processes. The design concept of joint use of facilities through the location of public parks adjacent to school playgrounds is encouraged. In lieu of maintaining any or all of the park facilities referenced above through a HOA, Developer shall have the right to participate in a Project-wide CFD for the maintenance of park facilities within AVSP. The City shall coordinate with the Developer the formation and administration of the Project-wide CFD. 3.8. GRADING Alberhill Villages Specific Plan 44 A mining reclamation plan is required by the Surface Mining and Reclamation Act of 1975 (SMARA) Section 2774, and governed by the City’s Municipal Code (LEMC Chapter 14.04). Reclamation Plan 112, as amended from time to time, will direct the disposition of the land in both form and vegetation upon completion of the mining activity. Refer to Figure 3-8, Slope Analysis, for a general slope analysis of the existing conditions of the site. RP-112 will be amended by the Developer prior to the issuance of a grading permit for development to ensure that the reclamation of the mining site will be completed in phases to correspond to project development phasing and that the reclaimed end use of the mining site will be those land uses provided in the AVSP and any approved PDP. During development, highly visible slopes along major roadways, such as those along Lake Street and Lincoln, will be set back from the roadbed and contour graded. The bottom of these slopes will be 3 to 1 or slightly less and will transition into a 2 to 1 slope. This technique will “soften” the most visual portion of the slope while landscaping is being established. The perimeter slopes along the western side of the project will only be visible from afar. These slopes will be located below the adjoining residential neighborhoods and will be somewhat screened by homes and landscaping. The central slope on the southern boundary will be substantial due to the mining operation. It will be visible to those traveling north on Lincoln Road and Lake Street and will serve as a reminder of the mining history of the site. The slope will be 3 to 1 transitioning to a 2 to 1 slope and placed adjacent to the wildlife connection and drainage swalearea. The slope on the south side of the lake and park near the middle of the project will also be contour graded when over 15 feet high in order to visually soften the slope for the users of the park. All other slope gradients can be 2 to 1, or steeper, if their stability is certified by a registered geologist. The separate ongoing mining activity within portions of the project area may leave the landform in a condition that may require additional grading of up to 150 feet of cut or fill in order to establish the desired pad elevations. As a result, the project will incorporate appropriate measures to reduce potential impacts from the grading and hauloperation. Alberhill Villages Specific Plan 45 Figure 3-9 Slope Analysis Alberhill Villages Specific Plan 46 Chapter 4.DEVELOPMENT REGULATIONS 4.1. PURPOSE AND INTENT The Specific Plan zones contained herein provide a menu of regulatory options for implementation of the land uses identified in Chapter 3 Development Plan. The location of these zones within the Districts and Planning Areas of the Specific Plan, as shown on the Comprehensive Land Use Plan (Figure 3-1) will be fine-tuned at the time a Phased Development Plan (PDP) is approved by the City. The development regulations contained in this chapter are intended to accommodate the future dense development which will occur within the intensification overlay zones and accommodate flexible urban design based on future development and market trends. PDPs may include, but are not required, to contain more refined development regulations which better reflect the intensity of the development proposed in a specific zone. The development regulations within PDPs must also remain consistent with the development standards set forth in this specific plan. For example, a PDP can refine the development regulations to reduce the density within a zone, but cannot change the zoning to exceed the density imposed by this specific plan. Such a proposal would require a specific plan amendment. These AVSP regulations supersede otherwise applicable City zoning ordinances. Where the Specific Plan or a subsequent PDP is silent on other regulatory areas, the Lake Elsinore Municipal Code will apply. Application of these regulations is intended to encourage and create a harmonious relationship among land uses and protect the health, safety, and general welfare of the community. 4.2. DEVELOPMENT REGULATIONS Table 4-1, Development Regulations identifies the zones that implement each land use category and the development regulations or standards to which development within each zone must adhere to. The Hillside Residential land use category shall rely on the Hillside Residential (HR) development regulations. The Residential land use category is divided into Residential Single- Family (RS), Medium Density Residential (RM), Medium High Density Residential (RMH), or High Density Residential (RH). The Regional (Reg.), Community (Com.), and Institutional (Inst.) land use designations fall under the mixed-use (MXU) development regulations. Contents 4.1 Purpose and Intent 4.2 Development Regulations 4.3 Land Use Regulations 4.4 Circulation Requirements 4.5 Parking Requirements 4.6 Recreation / Open Space Requirements 4.7 Stormwater Management Techniques Alberhill Villages Specific Plan 47 Table 4-1 Zoning Requirements Zone HR MXU 6 RSF 6 RM 6 RMH 6 RH 6 Regional University Town Center, Lakeside Village Community Alberhill Town Center Institutional University Village DetachedDetachedAttachedDetachedAttachedAttachedDevelopment Regulations Density 0-0.5 2-6 6-12 6-12 12-18 12-18 18-24 (35)1 Multi Family Lot Size (minSF)NA 50,000 50,000 50,000 NA NA 2,250 NA 1,350 1,000 Single Family Lot Size (min SF )2 25,000 NA NA NA 5,500 5,000 NA 2,400 NA NA Multi Family Lot Coverage(max)NA 100%100%100%NA NA 60%70%70%80% Single Family Lot Coverage (max) 30%NA NA NA 50%55%NA 70%NA NA Building Setbacks: (min) Thoroughfares (TemescalCanyon Road and Lake Street) measured from ROW 50 35 30 30 25 25 25 25 25 25 Existing residential 1,5 50 50 NA NA 35 35 50 50 50 50 Open Space Connections 50 30 NA NA 20 20 20 20 25 25 All other setbacks To be addressed in a subsequentPDP Height 30 100 46 50 30 453 453 45 453 55 4 Minimum Dwelling Unit Size No minimum FAR To be addressed in a subsequentPDP Use Regulations Refer to Section 4.3 Parking Refer to Section 4.4 1 Bonus density tied to performancecriteria. 2 Single Family Lot sizes allow for a variety of single-family product types including, but not limited to, patio homes, wide and shallow lots, single family cluster, and zero lot lines. 3 Allows for potential 3 storyproduct. 4 Allows for potential 4 story product to achieve proposed 35 DU /Ac. 5 These setbacks address the adjacency of existing residences in the Horsethief Canyon Ranch development and the buildings and structures along the project’s northwest boundary. 6 Minimum project area for each zone is 5acres. Alberhill Villages Specific Plan 48 4.3. LAND USE REGULATIONS 4.3.1 Mixed Use (MXU) Distributed throughout the Villages to provide easy and convenientaccess Three primary markets – regional, community, andinstitutional Typical mix of land uses could include: retail, office, medical, student housing, age- restricted housing, live/work lofts, high density condominiums, apartments, public plazas, public services, and commercial recreation. Applies to Mixed Use/Office/Medical, Mixed Use/Regional Commercial, and Commercial/Mixed Use land use designations. Permitted Uses: Retail uses, excluding adult-oriented businesses Office uses Personal service uses including, but not limited to, hair and nail salons, spas, and massage parlors, dry cleaning, and tailors Medical and dental offices and clinics Entertainment uses including, but not limited to, bowling alleys, movie theaters, playhouses, and game arcades (excluding adult-oriented entertainment businesses) Restaurants and eating places, including places with outside eatingareas Grocery and specialty food stores Banks, financial institutions Lodging facilities including hotels, motels, bed andbreakfasts Civic uses including, but not limited to, government buildings and service facilities, libraries, and cultural exhibits Health and exercise clubs Live/work units and work/live units Single-family detached and attached dwellingunits Multi-family residential dwelling units including, but not limited to, condominiums, duplexes, triplexes, four-plexes, row houses, and apartment housing Dwelling units located above ground floor commercial or officeuses. Small family day care homes, large family day care homes and residential day care facilities in accordance with the provisions of the City of Lake Elsinore Zoning Ordinance. Public utility distribution and transmission facilities excluding private radio, television, antenna and towers. Public and Private parks, playgrounds, community centers, plazas, and recreationalbuildings Open space/wildlife connections Trails; Drainage and flood controlfacilities Accessory uses and structures for residential uses, as described below Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses. Uses Subject to a Conditional Use Permit Alberhill Villages Specific Plan 49 The following uses shall require a conditional use permit pursuant to the requirements and procedures set forth in the City of Lake Elsinore ZoningOrdinance. Bars or cocktail lounges not in conjunction with arestaurant Public and private elementary, and high schools and colleges anduniversities Animal boarding facilities Animal veterinary clinics Places of religious assembly Wireless telecommunications facilities Government buildings and service facilities Drive-through or drive-in establishments Gasoline dispensing establishments subject to the provisions of Chapter 17.112 of the City of Lake Elsinore Zoning Ordinance Motor vehicle, motorcycle, and recreational vehicle sales andservices Uses which exceed the height limit established in Table 4-1 Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit 4.3.2 Hillside Residential (HR) 0-0.5 dwelling units per acre Assigned to hillside areas where large lot, single family detached residences will be located See Table 4-1 Applies to the Hillside Residential and Public Water Facility (PW) land use designations. Permitted Uses: Single-family residential detached dwelling units Second units pursuant to the applicable provisions of the City of Lake Elsinore ZoningOrdinance Public and Private Parks, playgrounds, community centers, and recreational buildings Open space/wildlife connections Drainage and flood control facilities, water tankfacility Trails Small family day care homes, large family day care homes and residential day care facilities in accordance with the provisions of the City of Lake Elsinore Zoning Ordinance. Places of Religious Assembly Accessory uses and structures as described below HOA managed storagefacilities Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses. Uses Subject to a Conditional Use Permit: Alberhill Villages Specific Plan 50 The following uses shall require a conditional use permit pursuant to of the requirements and procedures set forth in the City of Lake Elsinore ZoningOrdinance. Horticultural uses, including growing of fruits, nuts, vegetables, and ornamental plants for commercial purposes Wireless telecommunications facilities Uses which exceed the height limit established in Table 4-1 Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit 4.3.3 Single-Family Residential (RSF) 2-6 dwelling units per acre Assigned to areas where single family detached residences will belocated See Table 4-1 Applies to Single-Family Residential land use (SF-4.5, SF-5, SF-6) land use designations Permitted Uses: Single-family residential detached dwelling units Second units pursuant to the applicable provisions of the City of Lake Elsinore ZoningOrdinance Public and Private parks, playgrounds, community centers, and recreational buildings Places of religious assembly Open space/wildlife connections Drainage and flood controlfacilities Trails Accessory uses and structures as described below Small family day care homes, large family day care homes and residential care facilities in accordance with the provisions of the City of Lake Elsinore Zoning Ordinance Public utility distribution and transmission facilities excluding private radio, television, and paging antenna and towers Public and private elementary and high schools and colleges anduniversities Manufactur ed (factory-built) houses in compliance with the provisions of the City of Lake Elsinore Zoning Ordinance HOA managed storagefacilities Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses. Uses Subject to a Conditional Use Permit: The following uses shall require a conditional use permit pursuant to the requirements and procedures set forth in the City of Lake Elsinore ZoningOrdinance. Alberhill Villages Specific Plan 51 Wireless telecommunications facilities Horticultural uses, including growing of fruits, nuts, vegetables, and ornamental plants for commercial purposes Uses which exceed the height limit established in Table 4-1 Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit 4.3.4 Medium Density Residential (RM) 6-12 dwelling units per acre Assigned to areas where both detached and attached residences will belocated Typical products could include: patio homes, single family cluster, duplexes, townhomes, zero lot lines, and wide & shallow. See Table 4-1 Applies to Single-Family Residential land use (SFR-7, SF-10) land use designations Permitted Uses: Single-family residential attached and detached dwellingunits. Second units pursuant to the applicable provisions of the City of Lake Elsinore ZoningOrdinance. Public and Private parks, playgrounds, community centers, and recreational buildings. Places of Religious Assembly Open space/wildlife connections. Drainage and flood control facilities, water storage, pumpingfacilities. Trails. Accessory uses and structures as described below Small family day care homes, large family day care homes and residential care facilities in accordance with the provisions of the City of Lake Elsinore Zoning Ordinance Public utility distribution and transmission facilities excluding private radio, television, antenna and cell towers Manufactured (factory-built) houses in compliance with the provisions of the City of Lake Elsinore Zoning Ordinance HOA managed storagefacilities. Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses. Uses Subject to a Conditional Use Permit: The following uses shall require a conditional use permit pursuant to the requirements and procedures set forth in the City of Lake Elsinore ZoningOrdinance. Wireless telecommunications facilities Government buildings and service facilities Public and private elementary, and high schools and colleges anduniversities Alberhill Villages Specific Plan 52 Uses which exceed the height limit established in Table 4-1 Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit 4.3.5 Medium-High Density Residential (RMH) 12-18 dwelling units per acre Assigned to areas where both detached and attached residences will belocated Typical products could include: single family cluster, triplexes, townhomes, condominiums, and apartments. See Table 4-1 Applies to Multi-Family Residential (MF-16) land use designations Permitted Uses: Single-family residential attached and detached dwelling units. Density ranges to be established in the Phase Development Plans (PDP) for each Phase. Second units pursuant to the applicable provisions of the City of Lake Elsinore ZoningOrdinance Multi-family residential dwelling units including, but not limited to, condominiums, duplexes, triplexes, four-plexes, row houses, and apartment housing Public or private parks, playgrounds, community centers, and recreationalbuildings Places of religious assembly Government buildings and service facilities Public and private elementary, and high schools and colleges anduniversities Open space/wildlife connections Drainage and flood control facilities, water storage, pumpingfacilities Trails Accessory uses and structures as described below. Small family day care homes, large family day care homes and residential care facilities in accordance with the provisions of the City of Lake Elsinore Zoning Ordinance Public utility distribution and transmission facilities excluding private radio, television, antenna and cell towers Manufactured (factory-built) houses in compliance with the provisions of the City of Lake Elsinore Zoning Ordinance HOA managed storagefacilities Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses. Uses Subject to a Conditional Use Permit: The following uses shall require a conditional use permit pursuant to the requirements and procedures of the City of Lake Elsinore ZoningOrdinance. Uses which exceed the height limit established in Table 4-1 Wireless telecommunications facilities Other uses where the Community Development Director determines that the Alberhill Villages Specific Plan 53 proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit 4.3.6 High Density Residential (RH) 18-24 dwelling units per acre (up to 35 DU/Ac with performance criteria beingmet) Assigned to areas where both detached and attached residences will belocated Typical products could include: townhomes, multi family, condominiums, and apartments. See Table 4-1 Applies to Multi-Family Residential land use (MF-35) land use designations. Permitted Uses: Multi-family residential dwelling units including, but not limited to, condominiums, triplexes, four-plexes, row houses, and apartment housing Public or private parks, playgrounds, community centers, and recreationalbuildings Government buildings and service facilities Places of religious assembly Public and private elementary, and high schools and colleges anduniversities Open space/wildlife connections Drainage and flood control facilities, water storage, pumpingfacilities Trails Accessory uses and structures as described below Small family day care homes, large family day care homes and residential care facilities in accordance with the provisions of the City of Lake Elsinore Zoning Ordinance Public utility distribution and transmission facilities excluding private radio, television, antenna and cell towers Manufactured (factory-built) houses in compliance with the provisions of the City of Lake Elsinore Zoning Ordinance HOA managed storagefacilities Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses. Uses Subject to a Conditional Use Permit: The following uses shall require a conditional use permit pursuant to the requirements and procedures of the City of Lake Elsinore ZoningOrdinance. Uses which exceed the height limit established in Table 4-1 Wireless telecommunications facilities Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit Alberhill Villages Specific Plan 54 4.3.7 Public & Private Parks Distributed throughout the Villages to provide recreational opportunities for Villages’ residents and visitors, as well as, many of the City of Lake Elsinore’s residents Applies to Park and Lake land use designations. Permitted Uses: Age tiered playgrounds and play areas Outdoor full- and half-court basketball Baseball fields Soccer fields Football fields Olympic size swimming pool with cabana and shaded seating Volleyball courts Skateboard facility Multi-use open fields Zero-depth water play area Meandering trails and view benches Trash dumpster enclosures throughout the site accessible from the roadways and dog walking “bag” dispensaries Individual picnic tables with charcoal barbecues throughout Group picnic and barbecue areas at each event area Park benches Trash receptacles Restrooms Concession Stands Lakes, including noncommercial fishing there from Aquatics Center Community Center in public parks. Non-commercial community association recreation and assembly buildings and facilities in a private park. Parking lots, only for the above-listed permitted uses Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses. Uses Subject to a Conditional Use Permit: The following uses shall require a conditional use permit pursuant to the requirements and procedures of the City of Lake Elsinore ZoningOrdinance. Wireless telecommunications facilities Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit Alberhill Villages Specific Plan 55 4.3.8 Open Space The Villages includes re-created and restored natural wildlife and open space connections to provide continuity to the National Forest off- site to the south and the MSHCP core areas off-site to the north. The intent of these wildlife connections is not to encourage, but also not to discourage, large wildlife into the community, and to facilitate connections to allow for safe passage of wildlife around the community and towards the existing under passes Applies to Open Space and Natural Open Space land use designations Permitted Uses: Natural open space Natural drainages and drainages restored to natural conditions Wildlife corridors Pedestrian paths and trails Bikeways Public access roadway across designated open space adjacent to the 45.9 acre City Regional Sports Park at Alberhill Ranch Road Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed permitted uses Uses Subject to a Conditional Use Permit: The following uses shall require a conditional use permit pursuant to the requirements and procedures of the City of Lake Elsinore ZoningOrdinance. Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit 4.3.9 Institutional and Worship The 63.1-acre University land use designation has been set aside for the development of a university campus or similar educational institutions intended to serve the existing and proposed communities as well as the larger region The design of the 12 acre Elementary School will be determined by the Elsinore Valley Unified School District in consultation with the District's architect and the California Division of State Architect. Applies to University, Elementary School and Worship land use designations Permitted Uses: Within the University land use designation, institutions of higher learning providing facilities for teaching and research and authorized to grant academic degrees, including: a. On-campus housing for University students Alberhill Villages Specific Plan 56 b. Education-related office uses c. University related commercial uses Elementary Schools within the Elementary School land use designation Places of Religious Assembly within the Worship land use designation Uses Subject to a Conditional Use Permit: The following uses shall require a conditional use permit pursuant to the requirements and procedures of the City of Lake Elsinore ZoningOrdinance. Places of Religious Assembly within the University land use designation Other uses where the Community Development Director determines that the proposed use is substantially the same in character and intensity as the above- listed uses requiring a conditional use permit 4.3.10 Residential Accessory Structures The following accessory building and uses may be located on the same lot with a permitted dwelling; provided, that they are found to be compatible with the residential character of the neighborhood and that any buildings or structures are harmonious with the architectural style of the main building. With the exception of open trellis-type patio covers and detached garages, all accessory buildings and/or structures shall be located only on one-half of the lot. A. Uses. 1.Home occupations 2.Noncommercial hobbies. 3.Keeping of household pets (when no commercial activity is involved). For the purpose of this section, a household pet is an animal clearly considered customary to a residential use, e.g., dogs, cats, birds, and fish. Said pets shall be limited to a maximum of three weaned dogs and/or cats. Birds shall be permitted only inside the main dwelling units, unless a use permit is obtained. B. Structures. 1.Group I. Sheds, children’s playhouses, and similar enclosures of less than 120 square feet provided they do not exceed a maximum height of six and one-half feet. Such structures may be located on the property line provided the design of the structure complies with the City’s fire and building codes. 2.Group II. Unenclosed structures such as carports, gazebos, and patio covers (both trellis-type and solid) as well as detached enclosed structures not included in Group I but containing less than 600 square feet of floor area such as sheds, cabanas, children’s playhouses and workshops, provided they do not exceed a maximum height of 15 feet and are located no closer than five feet to a side property line, or 10 feet to a rear property line. Attached, enclosed structures in this category, such as garages and enclosed patios, shall be located no closer to a property line than the setback prescribed for the main dwelling unit. 3.Group III. Garages, stables, enclosed patios, workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they do not exceed a maximum height of 17 feet and, unless otherwise provided in this Alberhill Villages Specific Plan 57 section, are located no closer to a property line than the setback prescribed for the main dwelling unit, except that straight-in entry garages may be required a greater setback. a.Antennas, satellite dishes, and similar devices. b.Swimming pools, jacuzzis, spas, and associated equipment; provided they may be permitted only within rear yard areas or the enclosed portion of a side yard. Open trellis-type patio covers may be located in a front yard area but shall not encroach more than five feet into the required setback. 4.3.11 Multi-Family Density Bonuses The purpose of this section is to satisfy the City’s obligations under Government Code Section 65915 et seq. (the “State Density Bonus Law”), as amended from time to time. Applicants who seek such density bonuses for housing development within the Multi-Family Residential (MF-35) land use designation shall comply with the provisions of the Lake Elsinore Municipal Code (LEMC) Chapter 17.58. Interpretation of the requirements, definitions, and standards for providing density bonuses and incentives for development within the AVSP shall be governed by LEMC Chapter 17.58 as it may be amended for time to time and shall be construed so as not to be inconsistent with the State Density Bonus Law. 4.3.12 Interim Surface Mining Land Uses 4.3.12.1 Purpose; Preexisting Operations. The intent of this section is to allow preexisting mining operations and related land uses on the Pacific Clay property to continue as an interim use until replaced by development in accordance with the land uses designated in the AVSP. For purposes of Section 4.3.12, “preexisting mining operations” means (1) any operation activity which is legally occurring in an area at the time the area is designated as part of the Alberhill Villages Specific Plan by the City, and (2) any legal structure existing in an area at the time the area is designated part of the Alberhill Villages Specific Plan by the City. Preexisting mining operations include two types of surface mining activities (1) extraction activities and (2) processing/crushing activities. Extraction activities are conducted during the day by machines that scrape the resources from the surface and include onsite transport and storage. Extraction activities are comparable to construction grading activities. Extraction activities do not involve blasting. Products extracted from within the boundaries of RP 112 include clay for the manufacturing of tile and brick and other architectural items. Decomposed granite, sand and rock are also mined for landscaping and other uses Processing/Crushing activities are conducted in the southeast portion of the Pacific Clay property by a rock crushing plant, conveyor belt system and sand plant (see Figure 4-1-). The processing/crushing activities are conducted during the day and night and, particularly during nighttime operations, generates significant noise, dust, light and glare. Interim mining activities shall be consistent with Reclamation Plan 112, as amended by the City in August 2011 and as may be amended from time to time as development within the AVSP Alberhill Villages Specific Plan 58 occurs. Any proposed expansion of existing mining operations shall be permitted only in accordance with the Surface Mining and Reclamation Act (Cal. Pub. Res. Code §§ 2710 et seq.: “SMARA”), LEMC Chapter 14.04, and RP 112 as the same may be amended from time to time, and shall be subject to any applicable approvals required thereunder. 4.3.12.2 Accessory uses. In addition to preexisting mining operations (as defined in Section 4.3.12.1), the following accessory buildings and uses may be located in the same area in conjunction with the interim mining use; provided, that they remain incidental and secondary to the primary use and are compatible with RP 112, A. Retail and wholesale distribution of materials produced on the site; provided that retail distribution sales do not occupy more than 2.5 total acres within the AVSP area on which mining operations are conducted. B. Storage of trucks, excavating vehicles, machinery, or other similar equipment or non- product material used in the operation, where suitable screening of the storage is provided as may be required in connection with the future approval of new residential development or public rights-of-way. C. Scales and weighing equipment. D. Offices and maintenance shop structures, including use of mobilehomes, provided such structures are constructed subject to and in accordance with a validly issued City building permit. E. Residences and mobilehomes for caretakers or watchmen and their families; provided, that no more than one residence per 500 acres of mining area may be permitted by the City and further provided such structures are constructed subject to and in accordance with a validly issued City building permit. 4.3.12.3 Development standards. The following minimum standards shall apply to all interim mining uses within the AVSP: A.Minimum Area. Not less than 200 acres gross. B.Minimum Width. Not less than 200 feet. C.Yards. Subject to the setback requirements in Section 4.3.12.4. F, front, rear, and side, not less than 50 feet for any use permitted in Section 4.3.12 and not less than 500 feet when the use is adjacent to any residential designated property; provided further, however, that any structure exceeding 45 feet in height shall have front, side, and rear yard spaces equal to the height of said structure and not less than 50 feet. D.Structure Height. With the exception of preexisting mining operations, no habitable building or permanent structure shall exceed 45 feet in height, unless a variance is approved by the Planning Commission. In no event, however, shall a habitable building exceed 75 feet in height or shall any other structure exceed 100 feet in height. Alberhill Villages Specific Plan 59 4.3.12.4 Special development and landscape improvement standards. The following special development and landscape improvement standards are designed for interim mining and related uses which are located within the AVSP. Any interim mining and quarry operations shall be subject to the following standards: A.Noise Suppression. All equipment and premises employed in conjunction with any of the interim mining-related uses shall be constructed, operated and maintained in accordance with the requirements of the Noise Control provisions of the City of Lake Elsinore Municipal Code. B.Roads and Driveways. Best management practices shall be implemented and all roads and driveways shall be kept wetted while being used or shall be treated with oil, asphaltic concrete or concrete, or other palliative to prevent the emission of dust. C.Access Roads. All private access roads leading off any paved public street onto property used for any purpose permitted in Section 4.3.12 shall be paved to a minimum width of 24 feet with asphaltic concrete or equal, not less than three inches in thickness with adequate compacted base material for not less than the first 100 feet of said access road. D.Air and Water Pollution. All operations shall be conducted in compliance with the requirements of the South Coast Air Quality Management District and the State Water Quality Control Board. E.Slopes of Excavations. No production from an open pit quarry shall be permitted which creates an average slope steeper than one foot horizontal to one foot vertical; provided, however, that a steeper slope may be permitted where soil content or material is such that a vertical-cut excavation is safe in the opinion of the Division of Industrial Safety, Department of Industrial Relations of the State of California. F.Setbacks, Distancing and Landscaping.Preexisting mining operations shall comply with the following (refer to Figure 4-1): 1. For Crushing Operations which includes batch plants and crushing equipment. a. Within the 1500 feet of the property boundary of any new residential development – prohibited. No residential building permit will be issued for construction within 1500 feet of the rock crushing or batch plants. In addition, this equipment shall not be moved within 1500 feet of any existing residential use. b. Within the 500 feet of the property boundary of any new non-residential development – prohibited. No building permit for a non-residential use will be issued for construction within 500 feet of the rock crushing or batch plants. In addition, this equipment shall not be moved within 500 feet of any existing non-residential use. c. Between 500 feet and 1,500 feet of the property boundary shall be screened to a height of at least ten (10) feet by either landscaping, berms, walls or solid fencing and the outer boundaries of the area being excavated shall be enclosed with a six-foot-high chain link fence, including all necessary gates, except where such a fence would be impractical, as in the bed or flood channel of a wash or watercourse, because of differences in Alberhill Villages Specific Plan 60 elevation. 2.For Processing Operations which includes brick manufacturing, kilns, conveyor belt system and sand washing apparatus. a. Within the 500 feet of the property boundary of any new residential development – prohibited. No residential building permit will be issued for construction within 500 feet of kilns, conveyor belt system or sand washing apparatus. In addition, this equipment shall not be moved within 500 feet of any existing residential use. b. Within the 500 feet of the property boundary of any new non-residential development – prohibited. No building permit for a non-residential use will be issued for construction within 500 feet of the kilns, conveyor belt system and sand washing apparatus. In addition, this equipment shall not be moved within 500 feet of any existing non-residential use. c. Between 500 feet and 1,500 feet of the property boundary shall be screened to a height of at least ten (10) feet by either landscaping, berms, walls or solid fencing and the outer boundaries of the area being excavated shall be enclosed with a six-foot-high chain link fence, including all necessary gates, except where such a fence would be impractical, as in the bed or flood channel of a wash or watercourse, because of differences in elevation. 3. For Excavation Operations which includes onsite material excavation, material transport and storage. a. Within 150 feet of the property boundary – excavation prohibited without issuance of a conditional use permit except for excavation immediately adjacent to Lake Street from Temescal Canyon Road to Alberhill Ranch Road is permitted for purposes of rough grading the future roadway widening of the Lake Street corridor. b. Within 300 feet of the property boundary of any new residential or non- residential development – prohibited. No residential building permit will be issued for construction within 300 feet of excavation operations. c. Between the 150-foot setback from existing residential or non-residential use and 300-foot setback from existing residential use or non-residential use developed within the AVSP and the property boundary shall be screened to a height of at least ten (10) feet by either landscaping, berms, walls or solid fencing and the outer boundaries of the area being excavated shall be enclosed with a six-foot-high chain link fence, including all necessary gates, except where such a fence would be impractical, as in the bed or flood channel of a wash or watercourse, because of differences in elevation. Alberhill Villages Specific Plan 61 Figure 4-1 Mining Setbacks Alberhill Villages Specific Plan 62 G.Reclamation. Consistent with proposed phased development in AVSP, the Developer will submit applications to the City to amend RP 112 in order to provide for reclamation in phases with the land uses provided in the AVSP and any approved PDP to be the reclaimed end use. Prior to any new development of any non-mining use within a phase, the property within that phase shall be reclaimed in accordance with RP 112, as may be amended from time to time, and applicable provisions of the Surface Mining and Reclamation Act of 1975 and LEMC Chapter 14.04. Alberhill Villages Specific Plan 63 4.4. CIRCULATION REQUIREMENTS One of the most important unifying elements in a new community is the circulation system. The circulation system consists of streets, walkways, paseos and trails, providing not just the means for transportation and personal mobility, but also as the backbone for landscape elements. Street design is important in providing for safe and convenient circulation for autos, pedestrians and bicyclists, and when designed with a curvilinear element, it can be efficient and aesthetically pleasing. To achieve this goal, there must be a set of designstandards The overall project circulation design standards are established at this Tier 1 Level (Specific Plan), and are further defined more specifically at the Tier 2 Level (Phased Development Plan). The Tier 1 Level address the backbone circulation system which includes Lake St., Temescal Canyon Rd. (extension), Lincoln Avenue (extension), Nichols Rd. (extension), and Streets “A” through “F”, as well as open space connections, major multi-use trails, transit routes, paseos and bicycle routes (see Figure 3-7, Circulation Plan). The Tier 2 Level address the circulation system on a project or Tract level, and includes local streets, walkways, bicycle routes, pathways and minor multi-use trails. The circulation system of the AVSP shall comply, at a minimum, with the standards and specifications of the City of Lake Elsinore Public Works Department. The following are the general circulation system design standards for theAVSP: Design Standards Parkway Medians: Width: Overall width, including curb, to be no less than the minimum width specified in the City of Lake Elsinore Standard Specifications. Curbs: Standard City design for arterials (8 in. high), collectors (6 in. high), and locals (6 in. high). Local streets may also incorporate wedge (beveled) and rolleddesigns. Planting Area: 5-foot minimum width. Concave surface levels are preferred; however, raised levels are acceptable provided water from irrigation and precipitation are controlled within the median. Landscape Treatments: Native, drought tolerant and non-invasive plant species shall be used. Bio-retention design shall be used, where practicable. Dry streambeds, weirs, and ponds are encouraged. Walking Paths / Mixed Use Trails: Width:Extends from street curb through parkway area to building façade with planting areas (tree wells) dispersed throughout. Material: Durable paving which emphasizes pedestrian scaled patterns. Focal points, such as mid-block crossings, plazas, street art locations, and intersections shall use enriched paving, utilizing pedestrian-scaled patterns, subject to the approval of the City Engineer. Features: Dry streambeds, weirs, and ponds areencouraged. Open-Space Corridor Widths: Non-contiguous Regional Trails: 10-foot minimum width. Alberhill Villages Specific Plan 64 Includes Lake Street and Temescal Canyon Road; Hiking Paths: 5-foot minimum width within open space corridors; Surfaces: Permeable surfaces, such as decomposed granite, shall be used where practicable depending upon road gradient. 6% or less permeable material stronglyencouraged. Travel Lanes: Width: 11-foot minimum, 16-foot maximum. Material: Recycled content shall be used where practicable. Parking Lanes: Width: 7-foot minimum, 8-foot maximum. Materials: Recycled content shall be used where practicable. Emergency / Bike Lanes (Lake St., Nichols Rd., Temescal CanyonRd.) Width: 5-foot minimum, 6-foot maximum. Striping: Required per Citystandards. Street Planting Areas: Mixed Use Zones: Planter pockets predominate in urban conditions; Tree well-grates encouraged in high traffic areas; Close tree spacing encouraged; Materials: Plantings, mulching, limited non-pervious materials, recycled content encouraged; Close tree spacing encouraged. Local Residential Streets: Planting width: 5-foot minimum when walks are contiguous to streets, 5 ft. minim when parkway is adjacent to curb; Materials: Plantings, mulching, limited non-pervious materials, recycled content encouraged; Close tree spacing encouraged. Collector Streets: Planting width: 5-foot minimum when walks are non-contiguous, encourage meandering walks that join curb at bus stops, loading zones, and other key features; Materials: Plantings, mulching, limited non-pervious areas, recycled content encouraged; Close tree spacing encouraged. Arterial Streets: Planting width: 5-foot. minimum, non-adjacent to curb; Not required when regional trail (8-foot minimum) occurs on same side of street; Materials: Recycled content encouraged. Intersection Treatments: Roundabouts: Planting area: Concave surface levels are preferred, however, raised levels are acceptable provided water from irrigation and precipitation are controlled within the median; Landscape materials: Drought-tolerant, native, non-invasive plants encouraged; Signage is to be appropriately placed. Traffic Circles: Planting area: Concave surface levels are preferred, however, raised levels are acceptable provided water from irrigation and precipitation are controlled within the median; Landscape materials: Drought-tolerant, native, non-invasive plants shall be used. Signage is to be appropriatelyplaced. Alberhill Villages Specific Plan 65 Corner or Curb: Variable radii depending on particular streettype. Crosswalk: Special striping and color contrasts on high traffic volume streets strongly encouraged; Neck-downs at mid-block crossings encouraged in residential districts (required in Mixed Use Districts). Mini-Parks / Pocket Parks: Encouraged for traffic calming and“wayfinding”. Commercial Districts: Material change and color contrasts strongly encouraged; Curb extensions strongly encouraged. Bus Stops: Design to meet standards of the Riverside Transit Agency; ADA compliant; Sheltered from sun and rain; Comfortable seating; Bike parking may be available; Lighting for safety; All bus stops should be clearly set behind walk in order to allow for free flow of pedestrian traffic; Signage and schedules clearlyposted. Speed Bumps: Not allowed in public streets. Pedestrian / Bicycle Priority: Create plazas for autos, bicycles and pedestrians, all 3 sharing space equally, in typically narrow and circuitousroutes. Lighting: Pedestrian scale reinforces overall community identity; Dark Skypolicy. Any areas not covered in this Specific Plan or PDP, or subsequent PDP’s will rely on the street requirements of the City of Lake Elsinore in effect at the time a development proposal comes forward. The following is a list of backbone roads that form the framework for the entire project. They include a new realigned Lake Street, a new realigned portion of Temescal Canyon Road, Lincoln Street, Nichols Road, Street A which bisects the campus and the University Town Center area, Street B which runs south of the campus, Street C which runs north-south in the Lakeside Village, Street D near the Alberhill Town Center, and Street E and F in The Parkview Village area. (Refer to Figure 3-7 Circulation Plan). Lake Street Lake Street, which will serve as the northern gateway to the City of Lake Elsinore, will be realigned and widened. Lake Street is a major thoroughfare off the I-15 Freeway and will serve as the main entrance into Alberhill Villages. In addition, a new widened bridge will extend over Temescal Creek along Lake Street. Monumentation will be placed at key location(s) to identify one of the City’s key entries at Lake Street. A major feature of this “gateway experience” will be a variable width median ranging up to 26 feet wide, and is complimented by a 100-foot to 250-foot wide open space corridor on the east side of Lake Street that stretches from the freeway to the intersection at Nichols Road that is a part of the Alberhill Ridge project. This is a multi-functional corridor, which provides wildlife linkage, meandering pedestrian and bicycle paths, utility easements, a perennial flowing creek, ponds, and a native re-vegetated landscape. A landscape setback has been set in place on the western edge of the street to ensure a visually appealing environment and complement the wildlife movement corridor on the east side of Lake Street. With the landscapes corridors and edges on both sides of Lake Street, combined with the landscaped roadway median, this Lake Street entry will form a broad canopy of native landscape that will be one of the central features of the AVSP. Lake Street’s cross section will vary from 6 to 8 lanes, the 8 lanes occurring near Alberhill Villages Specific Plan 66 the Temescal Canyon Road intersection and transitioning to 6 lanes as it approaches Nichols Road. Bike lanes will be provided on both sides of the street. (Refer to Figures4-2.1, 4-2.2 and 4-2.3.) Temescal Canyon Road Temescal Canyon Road will consist of 6 lanes and be realigned along with replacement and relocation of the Temescal Creek Bridge in order to link directly to Lake Street. Temescal Canyon Road will also connect to Lincoln Street, which will consist of 4 lanes as it moves south.(Refer to Figure 4-3) Lincoln Street Lincoln Street consists of 4 lanes and will include bike lanes on both sides of the road, as well as an 8-foot minimum multi-purpose path along its western edge. As with all divided roads, Lincoln Street will incorporate a “depressed” or concave median with “broken” curbs in order to minimize runoff in the pavement area. The corridor will also provide: trail rest stops, off-site siltation collection, drainage, utility easement, enhanced wildlife connection, and a naturalized landscape. (Refer to Figures 4-4 and 4-5.) Nichols Road Nichols Road will be a 4 lane divided road with wide medians that links Lake Street and Lincoln Street. There are two distinct cross sections for Nichols Road. The section that bisects Alberhill Town Center, which employs unique left turn pockets and a wide median; and the section that extends westerly between Lakeside and Ridgeview Villages. Both sections will have bike lanes and non-adjacent sidewalks along each of their sides in order to provide a safe and enjoyable experience for the residents. This road will serve as one of the three main east-west links between Lake Street and Lincoln Street. Street A and B provide the other two links near the University and University Town Center Villages. These three roads, when combined with other streets and the pedestrian, bicycle paths, provide the inter-locking modified grid that allows residents and visitors a variety of choices when moving around, though, and among the Alberhill Villages. (Refer to Figures 4-6 and 4-7.) Street A Street A is one of the main east-west connections located in the northern portion of the project. It plays a major role in providing a seamless connection between the University Town Center and University Villages. This road will have bike lanes and an “urban edge” consisting of a wide walk with tree wells along the street’s sides. This “urban edge” or main street design configuration is important in balancing automobile and pedestrian safety. Its unique configuration is based on small town central squares where residents and visitors socialized on a daily basis. There are three distinct cross sections that when combined form an environment both conducive to moving automobile traffic as well as providing safe pedestrian and bicycle crossings. The three sections consist of a traditional divided 4 lane road, a “main street” section with buildings and parking on both sides, and the “town square” section that provides the social gathering space so important in establishing community pride. (Refer to Figures 4-8, 4-9 and 4- 10.) Alberhill Villages Specific Plan 67 Figure 4-2.1 Lake Street Road Section – 8 Lanes Figure 4-2.2 Lake Street Road Section – 6 Lanes – North of Nichols Road Alberhill Villages Specific Plan 68 Figure 4-2.3 Lake Street Road Section – 6 Lanes – South of Nichols Road Alberhill Villages Specific Plan 69 Figure 4-3 Temescal Canyon Road Alberhill Villages Specific Plan 70 Figure 4-4 Lincoln Street Section – 4 Lane- North of Street B Figure 4-5 Lincoln Street Section – 4 Lane- South of Street B Alberhill Villages Specific Plan 71 Figure 4-6 Nichols Road Section – East End Condition Figure 4-7 Nichols Road Section – West End Condition Alberhill Villages Specific Plan 72 Figure 4-8 Street A Road Section – Condition 1 Figure 4-9 Street A Road Section – Condition 2 Figure 4-10 Street A Road Section – Condition 3 Alberhill Villages Specific Plan 73 Street B Street B, a two lane divided road employing extra wide travel lanes, is another important east- west link in the northern portion of the project. When combined with the other east-west links, it provides alternative traffic routes through the project as well as serving as the main entry to the University. This road will have bike lanes and non-adjacent sidewalk along its northern side and an “urban edge” consisting of a wide walk with tree wells along its southern side The street’s wide median and extended curbs design also facilitates the pedestrian and bicycle movement across its section. This feature is important because the street separates the University Village from the Lakeside Park and the southern Villages. (Refer to Figure4-11.) Street C Street C, a two lane road with curb extensions, is the north-south connector for the Lakeside and Ridgeview Villages that will extend from Nichols Road to Street B. It will be composed of two different cross sections that are designed to both calm traffic and alert the driver to his or her surroundings. Street C1 is the northern portion of this road and will incorporate a median to bring attention to the Lakeside Park area. Street C2, the southern portion, will travel through a residential neighborhood that will utilize alley-loaded homes whose entries will face the street. These features will assist in bringing “eyes on the street” and encourage social interaction to this main north-south auto, pedestrian, and bicycle route. (Refer to Figures4-12 and 4-13.) Street D Street D forms the north and south western boundaries of the Alberhill Town Center. It is a two lane divided road with parking on both sides. Due to the anticipated traffic the travel and parking lanes are slightly wider than other two lane streets in the community. Where possible on this street, curb extensions will be employed to facilitate the safe street crossings due to the strong draw of the mixed use Town Center. (Refer to Figure4-14.) Street E and Street F Streets E and F are very similar to Street D, but service primarily residential traffic. They are each two lane divided roads with parking on both sides. Where possible on this street, curb extensions will be employed to facilitate safe street crossings. (Refer to Figure4-15.) Alberhill Villages Specific Plan 74 Figure 4-11 Street B Road Section Alberhill Villages Specific Plan 75 Figure 4-12 Street C Road Section – Northern Condition Figure 4-13 Street C Road Section – Southern Condition Alberhill Villages Specific Plan 76 Figure 4-14 Street D Road Section Alberhill Villages Specific Plan 77 Figure 4-15 Streets E and F Road Section Alberhill Villages Specific Plan 78 4.5. PARKING REQUIREMENTS The amount, location, and utility of vehicle (motorized and non-motorized) parking areas plays an important role in the success of any mixed use project. The goal is to provide for safe and convenient parking while reducing conflicts with pedestrians and bicyclists. Higher fuel costs and increased environmental awareness are expected to lead to the wider acceptance and use of alternative modes of transportation such as electric/hybrid and natural gas fueled vehicles, van pools, and public transit (i.e. bus and train). The increased use of alternative modes of transportation along with design concepts that include dedicated lanes for multi-passenger vehicles, and land use juxtapositions which locate higher density housing near public places and business, which will decrease the need to drive leading to lower parking ratios, shared parking facilities, and transportation management programs. These on-going and new transportation trends and techniques will be permitted and encouraged within the SpecificPlan. Due to the uncertainty of the future timing of newer parking trends, specific parking and loading requirements will be addressed at either the PDP or Design Review stages for the AVSP to take advantage of future transportation technologies and planning expertise that will become available. Parking and loading requirements will include typical passenger and delivery vehicles, as well as off-street bicycle parking. It is within these subsequent PDP and Design Review documents and plans that the following subjects will be addressed: Shared parking ratios between complementary land uses Parking requirements by land use ordistrict The use of alternative parking surfaces (i.e. pervious paving materials, bio-retention techniques within parking areas.) Parking stall sizes and configurations Landscaping requirements Aisle widths Lighting Loading areas for passengers and freight Trash enclosure access and locations Patron, resident, and employee parking Vehicle space markings and signage ADA parking Any areas not covered in a PDP or Design Review submittal will rely on the parking requirements of the City of Lake Elsinore in effect at the time a development proposal comes forward. 4.6. RECREATION / OPEN SPACE REQUIREMENTS The open space system is comprised of various public and private components including community gardens, town greens, neighborhood parks, private pocket parks, community parks, two large recreational lakes, school and university recreation areas, multi-use trails, and rest Alberhill Villages Specific Plan 79 stops with benches along trails. These open space elements provide the project and surrounding community with a diverse, multi-use open space system that meets the needs of the project’s residents and visitors. The project provides a total of 183 acres of parks and lakes. Final determination of park dedication will be made at the subdivision map level. The project’s parks will consist of: a 45.9-acre City Regional Sports Park for regional national tournaments and local sports teams; a 41.5-acre Recreational Lake and Lakeside Park facility including a 26.0-acre Lake and a 15.5-acre Public Park area; an active 14.3-acre community park bordering a 12.0-acre elementary school with its own recreation play fields and potentially shared school play facilities, a 6-acre community garden, two (2) town greens which are approximately ¾ acres each. The 14.3 acre Community Park is adjacent to a community place of worship. The thirty-five (35) smaller private pocket parks are approximately one (1) acre each and will be built by developers and maintained by a HOA. Thirty-five (35) acres of private pocket parks will be distributed throughout the Villages within easy walking distance of the surrounding residences and each private pocket park will provide specialized private amenities such as private pools, basketball courts, volleyball courts, and tenniscourts. Each Village illustrated in Figure 4-9, will contain some form of open space such as a private pocket park, town green, plaza, trail, rest area, or a school so that all homes will be within approximately one-quarter mile or a five (5) minute walk to an open space area. Open space areas can vary in size, form, and function, and are clarified below. 1.Private Pocket Parks – Parks of this nature are typically less than one (1) acre in size. The project provides approximately thirty-five (35) one-acre private pocket parks, which are distributed throughout the five different Planning Areas. These private pocket parks will be built by developers and maintained by a HOA and are intended to serve the immediate surrounding residents. Each private pocket park will provide its own specialized programing and include different private amenities such as private pools, basketball courts, tennis courts, and volleyball courts. 2.City Regional Sports Park –This 45.9 acre City Regional Sports Park is found in Phase 2 of the Alberhill Villages Specific Plan. The City Regional Sports Park includes: four baseball fields in a wagon wheel design, four volleyball courts, four basketball courts, four soccer fields, tot-lots, water park play area, restrooms, and concession stands as shown on Figure 4-16. The City Regional Sports Park is situated along Lake Street and across from the existing Alberhill Ranch Community Park and future schoolsite. The City Regional Sports Park shall be developed and funded as more particularly set forth in Table 3-2. Upon completion, the 45.9-acre City Sports Parks shall be maintained by the City. 3.Public Community Park – Community parks are typically between 11 - 40 acres in size and are designed to serve 15,000 - 20,000 residents within a one and one-half mile (1 ½ mile) service radius, as well as visitors to the area and are utilized for active and passive recreation. The project provides a 14.3-acre community park bordering a 12.0-acre elementary school with its own recreational fields. This 14.3-acre community park will include lighted sports fields and courts for joint-use with the elementary school, picnic facilities, play areas, and restrooms. This community park will focus on sports and other active uses due to its adjacency to an elementary school and its relatively level terrain. The Community Park will be constructed by the developer(s) and dedicated to the City as a fully-improved “turnkey” park. The 14.3-acre Public Community Park shall be Alberhill Villages Specific Plan 80 maintained by the City. 4.Recreational Lake & Lakeside Park – Regional parks are typically between 25 -100 acres in size and are designed to offer a broad range of amenities to attract the greatest range of users from within and beyond the City limits. Amenities can include open space, bodies of water, and trails. The 41.5-acre Recreational Lake & Lakeside will be located at the heart of the project, along with the university, the Recreational Lake & Lakeside Park will be the focal point of Alberhill Villages. The recreational lake totaling approximately 26.0-acres will be surrounded by playfields, picnic areas, active areas, as well as passive park uses such as an outdoor amphitheater and will provide light water activities to both local residents and visitors. Trails and pathways will surround the lake and provide opportunities for biking, jogging, and scenic walks. The Recreational Lake & Lakeside Park shall be maintained by a HOA. 5.Town Green – Two (2) town greens approximately ¾ acres in size will be located near single family homes and near the University Town Center. The town green in the University Town Center will serve the university and regional mixed-uses, and act as a social gathering place / outdoor event area for the Lake Elsinore community and region. In addition, the Town Green has the potential to establish a unique character for the regional mixed-use area and act as a gateway to the university. The town green shall be maintained by a HOA. 6.Plazas / Hardscapes – The project will contain a series of primarily hardscaped open spaces such as private and public plazas, or other unique gathering places. These hardscaped areas may contain water features, decorative paving, ornamental landscaping and shade trees, seating, and other amenities, which contribute to a pleasant urban gathering place. Plazas / Hardscapes shall be maintained by a HOA. 7.Community Garden – The project will provide a 6-acre community garden in the detention basins located along Lincoln Street. This community garden will be built the developer and operated and maintained by the HOA in order to create a sense of community and togetherness amongst residents and visitors. Each plot in the community garden will be rented by residents of the community and will provide beautification and preservation to the natural environment. Community Garden shall be maintained by a HOA. 8.Trails – The project will provide approximately 8,000 lineal feet (approximately 4 acres) of open space connections for the entire community. The public trails preserve and restore open space, as well as provide opportunities for physical activity to improve fitness and mental health. Residents and visitors will be able to connect to the multiple recreational facilities and parks through these public trails. These trails, designed to separate wildlife from humans, also function as wildlife corridors which connect to the Cleveland National Forest and connect into the MSHCP Core areas. Alberhill Villages Specific Plan 81 Figure 4-16 Park Plan Alberhill Villages Specific Plan 82 Figure 4-17 City Regional Sports Park Plan Alberhill Villages Specific Plan 83 4.7. STORMWATER MANAGEMENT TECHNIQUES A variety of storm water management techniques are permitted including the use of swales, wetland enhancement areas, bio-retention basins, storm water detention areas that serve a dual purpose as recreational facilities, and parking lot bio-infiltration (refer to Appendix C, Sample Stormwater Management Techniques). Additional techniques may be implemented in a PDP provided that they meet the goals and intent of this specific plan. All development within the AVSP shall comply with the NPDES requirements in effect at the time each implementing development application (Conditional Use Permit, Design Review and/or subdivision) is approved. Alberhill Villages Specific Plan 84 Chapter 5.IMPLEMENTATION 5.1. IMPLEMENTATION PROCESS To administer the Specific Plan and control the build-out of residential units and commercial/office square footage, a three-tier land use and development entitlement process will be followed for all development areas and projects within the AVSP area. The three-tier implementation process consists of: 1) adoption of the Specific Plan Zoning Ordinance; 2) adoption of Phased Development Plans (PDPs); and, 3) the more precise Design Review/Subdivision approval process that corresponds with actual development plans. The three-tier implementation approach postpones certain land use, development standards and design details that cannot be anticipated until economic, market, and trend development concepts become certain. Phased Development Plans (PDPs) must be processed in accordance with the provisions of the AVSP concurrent with or prior to the processing of subdivision maps and/or Design Review site plans. Tier 2 and Tier 3 entitlements will be subject to further CEQA review and opportunities for public participation. Specific Plan (Tier 1) This Specific Plan is developed in accordance with the provisions of the Specific Plan District (SPD) Zone of the City of Lake Elsinore Zoning Code. The adoption of the Specific Plan is the first step of a three-tier implementation process for development pursuant to the AVSP. The information in this Specific Plan meets state-mandated requirements and provides enough flexibility to accommodate future changes in urban design and architectural preferences. Phased Development Plans (Tier 2) Phased Development Plans (PDPs) must be processed in accordance with the provisions of this section of the AVSP, concurrent with or prior to the processing of subdivision maps and/or Design Review site plans. The purpose of PDPs is to delineate the specific goals, objectives, refined development regulations, and design guidelines of each phase of the Specific Plan while maintaining flexibility as the area builds out incrementally over time. The PDPs will provide more detailed information regarding the arrangements and types of land uses, the circulation pattern, development regulations, design guidelines and circulation and infrastructure phasing milestones for a geographic area within the Specific Plan when development in the area is imminent based on marketdemand. Contents 5.1 Implementation Process 5.2 Transfer of Development between Villages and Planning Areas 5.3 Development Approvals Required 5.4 Development Status Matrix 5.5 Specific Plan/PDP Modifications and Amendments 5.6 Phasing 5.7 Financing and Maintenance Alberhill Villages Specific Plan 85 Figure 5-1 Example Tier 2 Land Use Plan Alberhill Villages Specific Plan 86 The Land Use Plan in each PDP will include more detailed design and regulatory information. For example, the areas identified as “residential” in the Specific Plan will be delineated in the PDP as low, medium, or high density residential areas and the associated average densities for these land uses will be identified. Overall dwelling unit count and commercial/mixed-use square footage is provided for in the Specific Plan and cannot be exceeded. Each PDP will delineate the applicable Villages and Planning Areas it covers into smaller Subareas. Subareas earmarked for current development will be defined by approximate size, number of detached and attached residential units permitted, square footage of retail, office, and educational space permitted, and permitted roadway carrying capacity or Average Daily Trips (ADTs) by residential type. Adjacent Subareas within the same Planning Area not scheduled for current development will continue to be used as mining areas. These adjacent Subareas containing ongoing interim mining activity will be included in a subsequent PDP once urban development for these areas becomesknown. Land Use Structure Diagrams must be included within the PDP for each specific Subarea, which will address automobile and pedestrian access points, regional trail linkages, open space linkages, neighborhood form, and transitional edges. (Refer to Figure 5-2, Example Tier 2 Structure Diagram) An important edge condition that will be considered includes the existing ongoing mining activity that will continue to occur within and/or adjacent to the specific plan area as development proceeds in accordance with Section 4.3.12 of this AVSP. The development regulations within the PDP may be more focused based on current conditions and criteria at the time the PDP is submitted to the City of Lake Elsinore for review and approval. For example, a PDP can refine the development regulations to reduce the height limit of structures within a zone. A PDP can also introduce ADT transfers from one planning area to another or from one subarea to another, based on the criteria set forth in Section 5.3. PDP’s will include design guidelines for the public edge conditions that occur within the project. These edge conditions include, but are not limited to, major streetscapes, school/residential interfaces, park/residential interfaces, neighborhood center/residential interfaces, and open space/trails. Location of traffic calming devices, entry points, pedestrian access points and architectural focal points will also be addressed in the PDP document. The following is a list of items to be addressed in more detail within aPDP: I.Introduction A. Project location within the Specific Plan. B.Project Description C.Specific Goals and Objectives of the Tier 2development II. Development Plan A. Detailed Land Use Plan 1. Specific Design Intent 2. Land Use Plan indicating locations of some or all of the following land uses as applicable: a. Rural residential b. Residential by type and density Alberhill Villages Specific Plan 87 c. Institutional d. Mixed use e. Open space corridors f.Potential schools g. Location of park(s), lake(s), and other recreationalamenities h. Public facilities B. Applicable Districts and Planning Areas divided bySubarea 1. Statistical analysis indicating acres, number of units and square footage of retail and office space 2. Any proposed transfers of ADT’s or intensity of development between Districts and Planning Areas C. Circulation Network 1. Backbone roads, collectors, access points 2. Regional and off-site trail linkages 3. Milestones for construction of roads and trails as established by the applicable TIA 4. Trail linkages and bike lanes, including the inclusion of Class IV bikeways. D. Public Facilities and Services Master Plan 1.Proposed distribution, location, extent, and intensity of sewage, water, drainage, solid waste disposal, energy, police, fire, and schools 2.Other essential services and utilities proposed to be located near the plan area and needed to support the land uses described in thePDP 3.Milestones for construction of required facilities as established by the applicable impact assessment E. Subarea Grading Concept 1. Project perimeter edge conditions 2. Major roads 3. Planning area pads and contoured grading concept III. Design Guidelines A. Purpose and Intent B. Residential Design Criteria C. Mixed Use Design Criteria D. Institutional Design Criteria E. Open Space Criteria F. Lighting Concepts Alberhill Villages Specific Plan 88 G. Signage Concepts H. Sustainable Concepts I.Landscape Plan (only if added to PDP) J. Public Art (only if added to PDP – not a Cityrequirement) IV. Refined Development Regulations A. Land uses divided into more specific zones based on density B. Development regulations may specify 1. Setbacks 2. FAR 3. Height 4. Lot coverage 5. Parking requirements 6. Other regulations as necessary to implement the development’s purpose and intent. C. Development regulations may be articulated in a form-based manner or other zoning approach which ensures appropriate implementation of the intended development concept. V. Graphics A. Project Location Map B. Land Use Plan C. Structure Diagram D. Circulation Plan E. Water, Sewer, and Drainage Plans F. Conceptual vignettes, as necessary, to depict site planning and designguidelines Each PDP and PDP Amendment shall include the information set forth in Section 1.3 of this AVSP and such other information as reasonably required by City staff to evaluate the PDP application. PDPs shall be reviewed by staff and considered at a noticed public hearing by the Planning Commission for recommendation to the City Council. Final action for each PDP shall be made by the City Council following a noticed public hearing. PDPs may be approved, conditionally approved or denied, in accordance with the provisions set forth in this AVSP and/or the Development Agreement. Several PDPs may be processed concurrently with development occurring in several PDPs at the sametime. Alberhill Villages Specific Plan 89 Figure 5-2 Example Tier 2 Structure Diagram Alberhill Villages Specific Plan 90 Design Review (Tier 3) Prior to issuance of a building permit for any structure or sign, Design Review shall be approved pursuant to the requirements and procedures of the City of Lake Elsinore Zoning Ordinance, amended as outlined below. The Design Review process requires review of detailed dimensioned site plans showing the location of all property lines, buildings and structures, entrances, parking, landscape areas, signs, walls, and preliminary grading information. Elevations and floor plans are required for all buildings. In addition to the items required by the Lake Elsinore Zoning Ordinance, Design Review and Design Review Amendments shall include the information set forth in Section 1.3 of this AVSP and the following items must be submitted with the site plan application, ifapplicable: A. Design Elements 1. Building materials and colors 2. Refuse collection areas 3. Site loading and special equipment areas 4. Roof design and rooftop equipment screening elements B. Signage 1. Materials and color schemes 2. Lighting 3. Monument signage 4. Wall-mounted building signs 5. Multi-tenant building signs 6. Projecting signs 7. Informational and directional signs 8. Temporary signs 9. Stand traffic signs C. Conceptual Landscape Plans, including: 1. Entry statements 2. Streetscapes 3. Parks and open spaces Design Review shall be reviewed by staff and considered at a noticed public hearing by the Planning Commission for recommendation to the City Council. Final action for each Design Review shall be made by the City Council following a noticed public hearing. Design Review may be approved, conditionally approved or denied, in accordance with the provisions set forth in this AVSP and/or the Development Agreement. Alberhill Villages Specific Plan 91 Subdivision Map Processing Subdivision maps maybe submitted concurrently with Tier 2 or Tier 3applications. 5.2. TRANSFER OF DEVELOPMENT BETWEEN VILLAGES AND PLANNING AREAS Transfer of development between Villages and Planning Areas may occur in the following situations: 1).If a constructed development is under the maximum allowable dwelling units or square footage permitted for the area per Table 3-1 of the AVSP, the additional units or square footage can be added in future development proposals within the same District or Planning Area or the excess can be transferred to a different District or Planning Area. 2).Some of the units or square footage allocated to one planning area can be transferred to a different District or Planning Area thereby exceeding the initial maximum development allowed in the original District or Planning Area provided there is no significant un-mitigable traffic impact. See Table 5-1 for transfer parameters. 3).All of the dwelling units and square footage allocated to one Planning Area within the Specific Plan may be reallocated to one or more different Planning Areas for the purpose of developing a park or institutional use in the original PlanningArea. Average Daily Trips (ADTs) shall be the basis for transfers of units or commercial/office square footage, thereby assuring that adequate roadway and intersection capacity exists in the area receiving the transfer. The number of trips that will be allowed to transfer is influenced by whether the transfer occurs between Districts, Planning Areas, within Planning Areas, or across major roadways. (Refer to Table 5-1.) Non-residential commercial and institutional transfers are restricted to occur between Mixed-Use Districts so that a predominantly residential district is not impacted by a transfer of non-residential traffic. Transfers may be considered during the PDP or Design Review phases. Any transfers shall require a traffic analysis that looks at daily traffic flows and peak turn movements to determine the feasibility of the proposed density transfer. Alberhill Villages Specific Plan 92 Table 5-1 Transfer of Development Criteria Transfer Criteria for Planning Areas ADTs Allowed to be Transferred Between Like Subareas 50 % Between Adjacent Planning Areas 25 % * Across One Major Thoroughfare 15 % * Across Two Major Thoroughfares 10 % / Max. 1000 Transfer Criteria for Mixed-Use Districts and Planning Areas ADTs Allowed to be Transferred Between Like Planning Areas * Between Adjacent Districts * No transfers between regional and community MXU are allowed * A maximum of 2000 ADT is allowed across a 2 lane thoroughfare, a maximum of 3500 ADT is allowed across a 4 lane thoroughfare, and a maximum of 5000 ADT is allowed across a 6 lane thoroughfare. 5.3. DEVELOPMENT APPROVALS REQUIRED To implement the AVSP, various discretionary and ministerial permits and applications must be submitted and approved, as summarized in Table5-2. Table 5-2 Required Development Approvals PERMIT/APPROVAL AGENCY PURPOSE Specific Plan City of Lake Elsinore Incorporate the Pacific Clay site into a specific plan to implement the General Plan land use plan for the area. Phased Development Plan City of Lake Elsinore Specifies greater details regarding the type of development that will occur within a phase of the specific plan. Subdivision Maps City of Lake Elsinore Create legal lots. Site Plans City of Lake Elsinore Review architectural details prior to building permit issuance. Alberhill Villages Specific Plan 93 PERMIT/APPROVAL AGENCY PURPOSE Right-of-Way Permits City of Lake Elsinore Work in public right-of-way. Grading Permits City of Lake Elsinore Site preparation. Final Map City of Lake Elsinore Final mapping of approved subdivision lots. Improvement Plans City of Lake Elsinore Plans for roads/utilities. Building Permits City of Lake Elsinore Construction of buildings. National Pollutant Discharge Elimination System (NPDES) Permit Santa Ana Regional Water Quality Control Board (SARWQCB) Discharge approval. General Construction Storm Water Permit SARWQCB Storm water runoff. Waste Discharge Requirements Permit SARWQCB Waste discharge. Water District Approval EVMWD Water service Sewer District Approval EVMWD Sewer service School District Approval LEUSD School service Fire District Approval Riverside County Fire Fire service Caltrans Approval California Department of Transportation Modification of on-ramps and off-ramps CDF&G 2081 or 1600 Permits California Department of Fish and Game Incidental take and streambed alteration PERMIT/APPROVAL AGENCY PURPOSE 401 Water Quality Permit Regional Water Quality Control Board Discharges into waters of the US USACE 404 Permit US Army Corp of Engineers Construction activities within the waters of the US LEAPS Process City of Lake Elsinore For right-of-way within the MSHCP core areas outside of the Pacific Clay site. Some of the discretionary actions listed above can occur simultaneously. Subdivision maps and design review plans may also be processed concurrently with a PDP for all or a portion of the area subject to the PDP. Alternatively, a PDP may be processed prior to subdivision maps and design review plans. Subdivision maps may also be processed concurrently with or prior to design review plans. (Refer to Table 5-3.) Site plans are required at the Design Review stage. In addition, a development status matrix identifying the number of units, mixed-use square Alberhill Villages Specific Plan 94 footage, and ADTs used to date must be updated at the PDP and Design Review stages. (Refer to Table 5-4.) The following table indicates at what stage each entitlement implementing action canoccur: Table 5-3 Implementation Table IMPLEMENTING ENTITLEMENT ACTION TIER 1 SPECIFIC PLAN TIER 2 PHASED DEVELOPMENT PLAN TIER 3 DESIGN REVIEW Subdivision Maps N/A O O Transfer of Development (within or outside of the Specific Plan area) N/A O O Updating Development Status Matrix N/A R R Site Plan N/A O R O = Optional; R = Required Tentative maps and/or parcel maps shall be submitted in accordance with the State Subdivision Map Act and the Subdivision Ordinance of the City of Lake Elsinore in effect at the time of application submittal. Future tentative, or parcel maps and site plan review packages must be in substantial conformance with the development standards and design guidelines of the AVSP and the associated PDP. Mitigation measures for environmental impacts shall be reviewed during the tentative map/site plan review stage. Tentative map approvals shall condition the approval and recordation of final maps as necessary to implement adopted mitigation measures and conditions of approval which are applicable to the mapped area and legally allowable or otherwise acceptable to the Developer. Final subdivision or parcel maps, grading plans, and improvement plans shall be in substantial conformance with the approved tentative or parcel map, as well as the approved site plan package. Building permits for dwelling units shall be issued only after a final subdivision map has been recorded and design review approval has been obtained. Permits may be issued for model units prior to the final map recordation subject to the requirements of theCity. 5.4. DEVELOPMENT STATUS MATRIX Regardless of whether or not an applicant chooses to transfer development within or outside of the specific plan area, for each PDP, PDP Amendment, Subdivision and Design Review Site Plan, the following Development Status Matrix shall be updated by the Developer for review and approval by the City for each District in order to document the approved ADTs, mixed-use square footage, and number of dwelling units approved to date as well as the ADTs still available for transfer. This matrix will be updated at the PDP, PDP Amendment, Subdivision and Design Review stages and utilized to track the approved development to ensure that the maximum entitlements allotted per the AVSP are not exceeded. Alberhill Villages Specific Plan 95 Table 5-4 Development Status Matrix LocationLand UseApprox. AcresUnits Square Feet Total ADT’s allocated per Specific Plan ADT’s Previously Transferred ADT’s Transferred per this Phase One PDP Max. Allowable Transfer In (See Specific Plan for Criteria) Total Available ADT’s (not cumulative See Specific Plan criteria) Total ADT’s Used with this Phase One PDP Remaining ADT’s Available DetachedAttachedRetailOfficeUniversityVillage PA 1a University Town Center PA 1b Parkview Village PA 2a PA 2b PA 2c Highland Village PA 3a PA 3b Lakeside Village PA 4a PA 4b PA 4c Ridgeview Village PA 5a PA 5b Alberhill Town Center PA 6a TOTALS Alberhill Villages Specific Plan 96 5.5. SPECIFIC PLAN/PDP MODIFICATIONS AND AMENDMENTS 5.5.1 SPECIFIC PLAN AND PHASED DEVELOPMENT PLAN MINOR MODIFICATIONS Minor Modifications to the approved AVSP and any subsequent PDP may be allowed at the discretion of the Community Development Director. Any minor modifications must be consistent with the purpose and intent of the approved AVSP document. All modifications or amendments to the approved Specific Plan or an approved PDP, other than such minor changes, shall be processed as a Specific Plan amendment and/or a PDP amendment and are subject to all Specific Plan and/or PDP procedures. 5.5.1.1 Minor Modifications to the Specific Plan and Adopted Phased Development Plan The purpose of Minor Modifications is to provide a ministerial process to determine whether adjustments in the AVSP and approved PDP provisions, uses, conditions, or situations arise that are not clearly addressed by the Specific Plan or adopted PDP, but comply with the intent of the standards, development caps, design concepts, and policy direction of the Specific Plan/PDP. The following minor modifications to the Specific Plan/PDP do not require an amendment to the AVSP/PDP and are subject to review and approval by the Community Development Director and, where specified, the City Engineer. The Community Development Director and City Engineer shall have the discretion to refer a minor modification request to the Planning Commission. A request for a minor modification shall not require a public hearing. The following modifications constitute minor changes to the approved Specific Plan or an approved PDP:: 1. Minor changes in roadway alignments and street sections are allowed, provided such changes are consistent with the streetscape concept for roads, and are subject to approval of the City Engineer and Community DevelopmentDirector. 2. The phasing program as described below may be modified, provided the objectives of the program continue to be met, and provided that all infrastructure including, but not limited to, roads, sewer facilities, water supply, and drainage facilities is available to serve the proposed development. Any deviations from the Specific Plan Phasing Plan shall be subject to the approval of the City Engineer and Community Development Director. 3. Determinations as to whether a use not listed Section 4.3 (Land Use Regulations) is substantially the same in character and intensity as the listed permitted or conditionally permitted uses, or an accessory use or structure, or a prohibited use. 4. Adjustments to the plans or tables contained in AVSP or adopted PDPs which do not change the conceptual design for the Specific Plan or the adopted PDP and do not change the requirements for providing adequate infrastructure facilities. 5. Modification of development standards contained in Chapter 4, which do not change the conceptual design for the Specific Plan and do not deviate more than 10 percent from any numerical development standard stated in the Specific Plan/PDP; provided that the Community Development Director shall give notice to contiguous property owners prior to approving a minor modification of a development standard. Alberhill Villages Specific Plan 97 6. Minor modifications to the architectural, landscape, or sustainability design guidelines necessary to respond to actual site conditions or to creative new design concepts. 7. Adjustments to individual Planning Area boundaries, provided the acreage of adjusted planning areas does not vary more than 10 percent from that stated in the Specific Plan. 8. Modifications of a similar nature to those listed above or determinations regarding issues, conditions, or situations which arise in the implementation of the Specific Plan/PDP and which are not addressed by the Specific Plan or the adopted PDP, which are deemed minor by the Community Development Director, and which are in keeping with the intent of this Specific Plan. 5.5.1.2 Minor Modification Submittal Requirements An application for determination of Minor Modification may be submitted in conjunction with an application for Design Review, or at any other time as may be necessary for development. Applications shall be in writing or forms provided by the Community Development Director and shall include at a minimum the following: 1. Name and address of the applicant. 2. Evidence that the applicant is the owner of the property involved or has authorization from the owner to make such application. 3. Location of subject property, including Assessor’s Parcel Number(s). 4. Description of proposed facility, use, modification of use, or modification of Specific Plan figure, text, standard(s), or provision(s). 5. If deemed necessary by the Community Development Director, a site plan and/or elevation illustrating the proposed use, development, structure(s), or modification(s) of the Specific Plan. Plans shall be submitted in a format acceptable to the Community Development Director. 6. A written justification of the proposed modification identifying the pertinent portions of the Specific Plan that the proposal is in substantial conformance with. Specific reference should be made to the purpose for the Minor Modification, as described a. 7. Such other information deemed necessary by the Community Development Director to determine substantial conformance with the provisions of the Specific Plan. 8. Fees as determined by the Community Development Director for the processing of the application, including referring the application to the Planning Commission. 5.5.1.3 Minor Modification Findings and Procedures The Community Development Director shall make the determination of Minor Modification in accordance with the following procedures after making certain findings as described below. The Community Development Director, or designee, shall approve, approve with conditions, or deny Alberhill Villages Specific Plan 98 the request based on findings that the request: 1. Substantially conforms with the objectives and policy direction of the AVSP, and/or with the intent of applicable provisions if modifications to those provisions are being requested; 2. Will not adversely affect public health and safety; and 3. Will not adversely affect adjacent development areas. Such determination shall be made in accordance with the following procedures: 1. The determination shall be made in conjunction with the ministerial Minor Design Review process as outlined in the Lake Elsinore Zoning Ordinance. 2. Where no Design Review permit is involved, determination shall be made according to the following ministerial process: a) Following receipt of an application, the Community Development Director shall inform the applicant in writing within 30 calendar days that the application is complete or that additional information is needed to complete review; b) Within ten 10 business days of determining the application is complete, the Community Development Director shall issue a determination approving, conditionally approving, or denying the application; c) Written notice of such determination shall be given to the applicant by mail within 7 calendar days after the date of the determination. d) The decision of the Community Development Director shall be final on the expiration of 15 calendar days from and including the date of mailing of the notice of the decision unless a notice of appeal is filed by the applicant with the Community Development Director within such time. The determination of Minor Modification by the Community Development Director shall be subject to appeal by the applicant to the Planning Commission with the following procedures: 1. The applicant for the determination of Minor Modification may appeal the Community Development Director’s decision on the application by filing a written notice of appeal with the Community Development Director, including an appeal fee, prior to the time the decision becomes final. 2. The Planning Commission shall consider the appeal within 30 calendar days of the filing of the appeal with the Community Development Director. No public hearing or notice shall be required. 3. The Planning Commission may affirm or modify the determination of Minor Modification by the Community Development Director, and its decision shall be final unless appealed to the City Council. Alberhill Villages Specific Plan 99 The determination of Minor Modification by the Planning Commission shall be subject to appeal by the applicant to the City Council with the following procedures: 1. The applicant for the determination of Minor Modification may appeal the Planning Commission’s decision on the application by filling a written notice of appeal to the City Clerk, including an appeal fee, prior to the time the decision becomes final. 2. The City Council shall consider the appeal within 30 calendar days of the filing of the appeal with the City Clerk. No public hearing or notice shall be required. 3.The City Council may affirm or modify the determination of Minor Modification by the Planning Commission, and its decision shall be final. 5.5.2 SPECIFIC PLAN AMENDMENTS AND PHASED DEVELOPMENT PLAN MODIFICATIONS 5.5.2.1 Amendments to the Specific Plan and Approved Phase Development Plans Changes to the AVSP and changes to approved PDPs which do not qualify as minor modifications, as described below, require filing of a Specific Plan Amendment (SPA)/PDP Amendment. The following are guidelines for the SPA process: 1.Specific Plan Amendments, shall not require a concurrent General Plan Amendment unless it is determined by the City that the proposed amendment would substantively affect General Plan goals, policies, or programs for the AVSP area. 2.All Specific Plan Amendments, shall be subject to the requirements of the CEQA and any applicable City of Lake Elsinore environmental guidelines. 3.Phased Development Plan Amendments, shall not require a concurrent Specific Plan Amendment or a General Plan Amendment unless it is determined by the City that the proposed amendment would substantively affect Specific Plan or General Plan goals, policies, or programs for the AVSP area. 4.All Phased Development Plan Amendments, shall be subject to the requirements of the CEQA and any applicable City of Lake Elsinore environmental guidelines. Specific Plan Amendments and PDP Amendments shall be acted upon in the same manner that the Specific Plan/PDP was adopted, and can be amended as often as deemed necessary by the City Council. The amendment process is generally described as follows: 1. The Planning Commission shall review all proposed amendments to the adopted AVSP, and PDP Amendments. Upon the close of the required noticed public hearing, the Planning Commission shall act by resolution to adopt, modify, or deny the proposed Specific Plan Amendment or PDP Amendment. If the Planning Commission adopts or modifies the proposed Specific Plan or PDP Amendment, its recommendation and findings are forwarded to the City Council for action. Denials by the Planning Commission shall be final unless appealed to the City Council. 2. The City Council shall review the Planning Commission’s findings and Alberhill Villages Specific Plan 100 recommendations. Upon the close of the required noticed public hearing, the City Council shall act by resolution or ordinance to adopt, reject, or modify the proposed Specific Plan Amendment or PDP Amendment. If approved by the City Council, the proposed Specific Plan Amendment or PDP Amendment shall be adopted by ordinance. 3. Prior to approving or conditionally approving any Specific Plan Amendment or PDP Amendment, findings must be made by the Planning Commission and City Council. It must be determined that the Specific Plan Amendment or PDP Amendment: a. Is consistent with the goals and policies of the Lake Elsinore General Plan and the AVSP; b. Results in development of a desirable character which will be compatible with existing and proposed development within the AVSP; c. Contributes to a mix of land uses that produces a vital, walkable community compatible with existing and proposed development within the AVSP; and, d. Does not conflict with the goal of creating an environmentally-sensitive, sustainable community compatible with existing and proposed development within the AVSP. 5.6. PHASING The conceptual phasing plan identified in Figure 5-3 is dependent on the mining operation phasing and the market conditions for materials and manufactured products, as well as the demand for housing and commercial space. This phasing plan is an estimate of the order in which the development will proceed; however, major controlling factors that will affect the actual phasing plan include economic forces, the development of water, sewer, street, flood control, and other public infrastructure improvements; current and future trends in regional and local housing demand and supply; and decisions of local agencies regarding public improvements and future individual development plans. The actual rate and phasing of development will be determined by these factors over the continuous evolution of the project area. See Figure 5-3 for the conceptual phasing plan and the corresponding phases shown in the colorsbelow. 1. Phase 1: Red (University Town Center, University, Lakeside Village, Alberhill Town Center, Single-Family Residential) 2. Phase 2: Yellow (Sports Park and Single-FamilyResidential) 3. Phase 3: Green (Single-FamilyResidential) 4. Phase 4: Orange (Elementary School, Community Park, WorshipCenter) 5. Phase 5: Purple (Hillside Residential) 6. Phase 6: Blue (Single-Family Residential and CommercialMixed-Use) Alberhill Villages Specific Plan 101 Figure 5-3 Conceptual Phasing Plan Alberhill Villages Specific Plan 102 5.7. FINANCING AND MAINTENANCES The recommended financing mechanisms listed in Table 5-5 are provided as guidelines and should not be considered as final recommendations. Actual implementation of a specific financing mechanism will be accomplished pursuant to certain proceedings as established by special financing districts, the City of Lake Elsinore, and relevant state and federallaws. The developer will provide private funding in conjunction with any approved public financing to allow for the timely development of public facilities, streets, utilities, and other necessary capital improvements. Maintenance will be provided by a combination of the City of Lake Elsinore, EVMWD, maintenance districts and homeowner associations. The City and the developer will use their best efforts to establish community facilities districts pursuant to the Mello-Roos Community Facilities Act of 1982, assessment districts, improvement districts, maintenance districts, or other public financing mechanisms, as necessary, for the purpose of financing the planning, design, construction, and maintenance of the public facilities. Table 5-5 Financing Mechanisms REQUIRED FACILITY RECOMMENDED FINANCING MECHANISM(S) Circulation and street improvements and expansion Developer financing, formation of financing district, reimbursement agreements, Drainage and Storm Water Management Developer financing, formation of financing district and/or reimbursement agreements, and citywide Park, Open Space, and Storm Drain Community Facilities District (CFD), fees in lieu of facilities Water Developer financed and constructed water mains, booster stations and water tanks within AVSP, payment of connection fees to Elsinore Valley Municipal Water District (EVMWD), CFD, fee credits via reimbursement agreements. Sewer Developer financed and constructed sewer mains within AVSP, payment of connection fees (EVMWD), CFD, fees in lieu of construction of treatment facilities, fee credits via reimbursement agreements. Schools Payment of school impact fees (LEUSD), school site purchase Alberhill Villages Specific Plan 103 Public parks Public parks shall be developed, funded, dedicated and maintained as more particularly set forth in Table 3-2. Private parks and trails Developer financed and constructed private park and trail facilities and open space within AVSP Fire, paramedic, and law enforcement Citywide Public Safety Community Facilities District (CFD), Alberhill Villages Specific Plan 104 Contents 6.1 Introduction 6.2 Alberhill District Plan Consistency 6.3 General Plan Format 6.4 Community Form 6.5 Public Safety andWelfare 6.6 Resource Protection and Preservation Chapter 6.GENERAL PLAN CONSISTENCY ANALYSIS 6.1. INTRODUCTION California State law requires that Specific Plans must demonstrate consistency with goals, objectives, policies and programs of a jurisdiction’s General Plan. To ensure that the Alberhill Village Specific Plan (AVSP) is consistent with City of Lake Elsinore General Plan, a thorough review of the General Plan’s stated goals, objectives, policies and programs was made (see Table 6-1, General Plan Content). The General Plan provides the guidelines for how the new projects are to be configured and implemented. Additionally, the General Plan divided the City and its sphere of influence into sixteen Districts, which are incorporated into a separate “Districts” chapter of the General Plan, and contain additional policies to guide the development of each District. The AVSP is located within the Alberhill District. 6.1.1. Methodology Section 6.2 below lists the Alberhill District’s goals and provides discussion and analysis as to AVSP consistency. Following Section 6.2 are the General Plan Chapters of Community Form (Section 6.3), Public Safety and Welfare (Section 6.4), and Resource Protection and Preservation (Section 6.5), which contain General Plan goals and policies. Following the policies within each of these General Plan Chapters is a reference to the corresponding Section where AVSP conformance to the General Plan wasdiscussed. Alberhill Villages Specific Plan 105 Table 6-1 General Plan Content Lake Elsinore General Plan Chapters Mandatory Elements Issues Community Form (Chapter 2.0) Land Use, Circulation, Housing Diversity of Land Uses, Recreation, Aesthetics, Environmental Resources, Historical & Cultural Resources, Circulation, Growth Management, Housing, Parks & Recreation. Public Safety and Welfare (Chapter 3.0) Public Safety, Noise Air Quality, Hazards & Hazardous Materials Flooding, Seismic Activity, Noise, Community Facilities & Protection Services (fire, police, schools, libraries, animal services, water, wastewater, electricity, natural gas, refuse, recycling, telecommunications). Resource Protection and Preservation (Chapter 4.0) Conservation, Open Space Biological Resources, Open Space, Water Resources, Mineral Resources, Cultural & Paleontological Resources, Historic Preservation, Aesthetics, Sustainable Environment (greenhouse gas emissions, energy conservation). 6.2. ALBERHILL DISTRICT PLAN CONSISTENCY The Alberhill District (District) is located in the northernmost part of the City of Lake Elsinore, a 4,240 acre predominantly vacant area of rolling hillsides and mining operations. The District is planned to develop into master-planned, and sustainable mixed use communities. The District is surrounded primarily by vacant lands, conservation areas and residential communities. The District plan includes a Land Use Map and sets forth the land use policies that will guide the future development. The goals and policies contained within the District plan reflect the general intentions of the City’s adopted specificplans. 6.2.1 Overall District Goal and Policies 6.2.1.1 Primary Goal The primary goal of the Alberhill District is to support and maintain a healthy transition from extractive / mining activities to a network of residential communities within a balanced mix of commercial, light industrial, business professional, educational, institutional / public uses, open space and conservation areas that provide a sense of place and high quality of life. Alberhill Villages Specific Plan 106 Discussion:The Alberhill District area has long been an area dominated by the extraction of materials though concentrated and vested mining operations, and as the mining operations wind down, and the land is reclaimed, opportunities will arise for this “diamond in the rough” area to blossom into an attractive, vibrant, and sustainable master plan community. The Alberhill District is of such size and strategic location, that if well designed development policies and guidelines are established, the area could not only showcase how a progressive and sustainable community environment should look, but it could also become the major City “gateway” that would help transform Lake Elsinore’s image into a premier southern California destination. The following are the District’s stated overall policies: 0F †AH1.1 “Continue to encourage proper reclamation and enhancement of areas impacted by extractive / mining activities for the public’s health, safety, and welfare.” AH1.2 “Consider the preservation of vacant lands in areas with high elevations in the north, east, and southwest, in order to provide an adequate amount of conserved lands, open space and wetland areas.” AH1.3 “Encourage proper land use compatibility between mining activities and surrounding uses.” AH1.4 “Impose conditions, as necessary, on mining operations to minimize or eliminate the potential adverse impact of mining operations on surrounding properties and the environment.” AH1.5 “Encourage new non-mining land uses adjacent to existing mining operations based on an evaluation of: noise, aesthetics, drainage, operating conditions and operating hours, biological resources, topography, lighting, traffic and airquality.” AH1.6 “Periodically revise and update the City’s surface mining reclamation ordinance to ensure the most recent SMARA developments are reflected in the City’s municipal code.” Response:The AVSP details a phased development approach that: Provides consistency with final reclamation to heavily impacted mining areas following, and in concert with, post-mining interim reclamation measures under Reclamation Plan RP-112; Provides public access to 30+/- acres of enhanced or restored open spaces with trails, and quality urban development including parks, schools, housing and commercial uses; Provides appropriate buffers and mitigation measures at mining operation/public interfaces; Ongoing Pacific Clay and Pacific Aggregate vested mining operations are to comply with all applicable SMARArequirements. †AH1.1: Alberhill District policy designationnomenclature Alberhill Villages Specific Plan 107 6.2.2 Urban Design 6.2.2.1 Distinct Design The stated Urban Design goal of the Alberhill District plan is to create a strong urban design that would support the Alberhill District as a distinctcommunity. Discussion:The rolling hills, pronounced ridgelines and varied elevations of the AVSP site afford the opportunity to create a dynamic and distinctive community. Lake Street is the primary artery which will serve the future land uses within the Alberhill District. Lake Street also is bordered by a moderately dense landscape of trees and a natural riparian corridor that could be enhanced to offer opportunity as an entry statement in the Alberhill area, and as an opportunity for incorporation into a public open space access trail system. The following are the District’s stated Urban Designpolicies: AH2.1 “Through the project and CEQA processes, create strong connections to Lake Street between neighborhoods and community supporting uses.” AH2.2 “In areas outside approved specific plans, the City should strive to establish design standards that are consistent with the Alberhill District’s adopted specific plans in order to ensure a standard design motif for new developments.” AH2.3 “Consider the establishment and construction of a series of pedestrian routes as part of the City’s trail system from residential areas to Lake Street’s commercial and institutional uses and to the open space and MSHCP areas to the north, west, and southeast areas of the Alberhill District.” AH2.4 “Support the placement of community identification signs along the commercial/institutional uses and intersections along Lake Street and the I-15 Freeway.” AH2.5 “Encourage the use of distinctive trees along Lake Street identified in the City’s Street Tree Program.” Response:The AVSP complies with the Urban Design goals and policies in that it has a unique design identity as a university-oriented master planned community, and it incorporates a balanced mix of residential and supporting commercial, professional and mixed use opportunities. The AVSP further complies with the Alberhill District Urban Design policies by establishing standards and guidelines for the development of a unique and sustainable mixed-use planned community as follows: Lake Street will connect to the University Town Center and Alberhill Village commercial areas via bicycle/pedestrian routes and Streets A and B; and connect with neighborhoods via Streets A, B, D, Nichols Road, and an enhanced open space corridor through Planning Areas A & B; encourages the incorporation of designs that take advantage of existing topographical features into community land plans; Alberhill Villages Specific Plan 108 Incorporates sustainable design standards such as natural water flows and aquifer recharging along a 1 mile +/- long reclaimed wetlands corridor along the east side of Lake Street of and other greenbelt areas, as well as the location of residential areas within short distance to employment centers, commercial centers, and transit hubs; Encourages residential, commercial and institutional developers to utilize designs and materials that evoke a sense of quality, permanence and local mining history such as the use of clay brick and tiles; 6.2.3 Historic Preservation 6.2.3.1 Preserve and Enhance The stated Historic Preservation goal of the Alberhill District plan is to preserve and enhance the cultural and historical resources of the AlberhillDistrict. Discussion:The Alberhill area has a 100-year history of mining operations. The mining of coal was followed by the mining of clay and other aggregates. The settlement of Terra Cotta, a post office, and the Alberhill School were once part of a thriving community, but now no longer exist. As no other significant cultural, archaeological or paleontological resources have been known to have occurred, mining, or perhaps the reclamation aspect of mining presents opportunity for historical enhancement andpreservation. The following are the District’s stated Preserve and Enhancepolicies: AH3.1 “Support the relocation and restoration of the Alberhill School as a 20,000 square foot community center promoting education awareness of the District’s cultural heritage including mining, homesteading, the railroad, and the Terra Cotta town.” AH3.2 “Support educational awareness programs that inform residents and visitors of the District’s culturalheritage.” AH3.3 “Encourage the use of signs within recreational areas along Lake Street depicting the Alberhill District’s historical and culturalsignificance.” Response:The AVSP complies with the Alberhill District Historic Preservation goals and policies as follows: The Alberhill Schoolhouse will be reconstructed in a nearby location using new materials that will match the original building as close as possible. The AVSP provides a framework for the reclamation of significant surface mining operation into a well-functioning, multi-used, educationally focused, conservation friendlycommunity; The development of the AVSP will re-establish natural elements into an area which through mining destroyed these naturalelements; The AVSP successfully interfaces new residents and visitors to enjoyable landforms and natural elements that once may have been thought not possible given the condition of the land through enhanced open space Alberhill Villages Specific Plan 109 corridors and alongside educationally signed wildlife corridors; The AVSP positively solves the environmental conservation vs. development conundrum by providing corridors for animal movement. through the development. 6.2.4 Transportation / Circulation The vehicular circulation system that supports the Land Use Plan for the Alberhill District is shown on ADP Figure AH-1. The vehicular circulation system is anchored by the I-15 Freeway which runs east and west and generally forms the northerly boundary of the District. Lake Street runs north south through the Alberhill District and will serve as the major transportation artery to serve the future planned communities within the Alberhill District. 6.2.4.1 Connections The stated Transportation / Circulation goal of the Alberhill District plan is to support a multi- modal transportation system with connections to new development, Interstate 15, recreational and open space areas, and districts to the south that serve the needs of residents through the following land usepolicies: Discussion:Lake Street currently is a two-lane road that serves as the main transportation artery to the AVSP from the I-15 Freeway, and basically forms the easterly boundary of the AVSP. No significant roads transverse the site in either a north/south or east/west direction. The AVSP includes transportation guidelines and policies designed to adequately serve the future communities and incorporate desired multi-modal forms of transportation. The following are the District’s stated Transportation / Circulationpolicies: AH4.1 “The interchange at Lake Street and I-15 shall be improved to meet the future traffic demand and satisfy the minimum level of service required by the City.” AH4.2 “Through the project and CEQA processes identify and require improvements to Lake Street and Nichols Road as the most significant roadways within the Alberhill District for transit, landscaping, pedestrian travel, and bikeways.” AH4.3 “Through the project and CEQA processes, require the construction or expansion of roadways serving new development located east and west of Lake Street.” AH4.4 “Lake Street shall be constructed in accordance with Urban Arterial standards.” AH4.5 “Encourage the use of traffic-calming measures within commercial and institutional developments along Lake Street when recommended by traffic studies.” Response:The AVSP complies with the Alberhill District Transportation / Circulation goals and policies as follows: The portion of Lake Street serving the AVSP will be improved as Alberhill Villages Specific Plan 110 an urban arterial highway (6 to 10 lane themed divided highway) and will serve as the main link to the I-15 Freeway. Nichols Road will be improved to major highway standards (4-lane themed divided highway). Lake improvements will provide connection points to future streets that will access property to the east; Lake Street and Nichols Road improvements will include delineated and signed bicycle routes and pedestrian walkways, and themed landscape improvements; Street A (4-lane) and Street B (2-lane) will serve to connect Lake Street from the west to Temescal Canyon Road. (4- lane major highway) and internal neighborhoods; A number of landscaped “roundabouts”, landscape medians and islands, curb extensions and other traffic calming improvements are planned for throughout the AVSP. Review and approval will be at the Tier 2 (Phased Development Plan) level. 6.2.5 Parks and Recreation The Alberhill District currently contains the Alberhill Ranch Community Park that is located on the easterly side of Lake Street in the south-central portion of the District. The facility is a 20- acre park that includes a planned 15,000 square foot City recreation center, several soccer fields, play areas, basketball courts, tot lot, and a 5,500 square foot Boys & Girls Club. Another park is located at McVicker Canyon Park approximately one mile from the AlberhillDistrict. 6.2.5.1 Wide Variety The stated Parks and Recreation goal of the Alberhill District plan is to encourage a wide variety of open space and recreational opportunities that are integrated within adopted master planned communities and future developments. Discussion:As future developments are built within the Alberhill District, adequate numbers and varying intensities of parks and recreational facilities will need to be built to support the needs of the residents and ensure a higher quality of life. The following are the District’s stated Parks and Recreationpolicies: AH5.1 “Encourage the creation of an extensive system of open space and preservation lands throughout the Alberhill District to ensure a healthy balance between development and the natural environment.” AH5.2 “Support joint-use of recreational facilities with the Lake Elsinore Unified School District (LEUSD).” AH5.3 “Pedestrian and hiking trails shall be considered between neighborhoods and surrounding open space and MSHCP preservation areas.” Response:The AVSP complies with the Alberhill District Park and Recreation goals and policies as follows: The Alberhill Villages Specific Plan proposes 144.2+/- acres of Alberhill Villages Specific Plan 111 community parks, pocket parks and open space corridor / multi-use trails, a +/-26.0 acre recreational lake, and various open space /wildlife corridors, including a wildlife corridor with a minimum width of 500 feet along the entire western edge of the specific plan and a wildlife corridor along Temescal Creek at the northern boundary of the AVSP near Interstate 15 that will have a minimum width between 250 and 500 feet. Lake Street will be bordered by a 1 mille +/- long reconstructed and natural riparian corridor that will be linked to other open space corridors and multi-use trails The AVSP encourages the side-by-side siting of public parks with school playgrounds for greater impact and expanded usage. Developers of the parks will be encouraged to partner with the LEUSD to optimize recreationalopportunities; Pedestrian, hiking and multi-use trails will connect neighborhoods with open space corridors, and provide access to the Cleveland National Forest, Lakeside Village Lake, and the University TownCenter. 6.3. GENERAL PLAN FORMAT The City of Lake Elsinore’s General Plan was adopted December 2011. The General Plan directs the City’s land use and development in strategic locations, as well as sets forth the foundation for the development of its economic base, transportation system framework, and the preservation of valuable natural and cultural resources. Land uses are organized at the General Plan level under three (3) foundational Chapters: Community Form, Public Safety and Welfare, and Resource Protection and Preservation. Within these Chapters are found the seven (7) State mandated General Plan elements (see Table 6-1). The following sections list the Chapters, mandatory elements, and policies of the City’s GeneralPlan. 6.4. COMMUNITY FORM The Community Form Chapter sets forth the City’s policies for guiding local development and growth that strive to promote development in an orderly manner that is physically attractive in both form and appearance. 6.4.1 Land Use 6.4.1.1 Diverse and Balanced Land Uses Create a diverse and integrated balance of residential, commercial, industrial, recreational, public and open space land uses, in accordance with the following land use policies: “Promote innovative site design, and encourage the preservation of unique natural features, such as steep slopes, watercourses, canyons, ridgelines, rock formations, and open space with recreational opportunities.” a. “Encourage development of unified or clustered community-level and neighborhood-level commercial centers and discourage development of strip Alberhill Villages Specific Plan 112 commercial uses.” b. “Encourage the development of sit-down restaurant establishments where appropriate and discourage the proliferation of drive-through fast food establishments.” c. “Encourage development of a mix of industrial uses including light industrial, clean manufacturing, technology, research and development, medium industrial, and extractive uses.” d. “Encourage the development of large planned industrial and/or professional office parks on large parcels.” e. “Encourage development of institutions including hospitals and educational campuses and facilities.” f.“Encourage the use of paseos, greenbelts, linear parks, and trails within future developments.” g. “Encourage a jobs/housing balance of one job for every 1.05 households by the year 2030.” h. “Encourage rehabilitation and new construction to replace aging commercial facilities.” Response:The AVSP includes a balance of residential, commercial, recreational, public and open space lands that includes educational campuses (University and Elementary School), paseos, greenbelts and trails. The Commercial uses will create jobs that will facilitate achieving a jobs/housing balance consistent with General Plan policies. Therefore, the AVSP is consistent with these General Plan policies. 6.4.1.2 Recreational Destinations Establish and maintain the City as a year round recreation destination, through the following land use policies: a.“Encourage recreational uses including parks, beaches, marinas, and a multipurpose trail within the City’s rights-of-way.” b.“Consider the feasibility and encourage, if feasible, the development of a new pier near the end of Main Street to connect the lake with the Downtown area.” c.“Consider the feasibility of development of geothermal; resources such as a spa or bathhouse establishment in the Downtown area.” d.“Consider to evaluate the provisions of public access to the lake and open space areas when making land use decisions.” e.“Encourage a pedestrian circulation route around the lake to improve public access to this amenity. “ Response:These General Plan policies apply to recreational development that will make the Recreational Lake and Lakeside Park a recreational destination. In total, the AVSP proposes 161+/- acres of active and passive park facilities including the City Sports Park, Public Community Park, the Recreational Lake and Alberhill Villages Specific Plan 113 Lakeside Park, numerous pocket parks, open space corridor / multi-use trails, and various open space /wildlife corridors. These AVSP facilities will create additional destination recreation opportunities within the City of Lake Elsinore. Therefore, the AVSP is consistent with these General Plan policies. 6.4.1.3 Aesthetics and Environmental Resources Establish a development pattern that preserves aesthetics and enhances the environmental resources of the City, through the following land usepolicies. a. “Consider the establishment of hillside grading standards that address unique natural features and encourage the sensitive treatment of hillsides in the site design and architecture of new construction.” b. “Encourage new commercial and/or industrial developments, incorporate buffers which minimize the impacts of noise, light, visibility, or activity and vehicular traffic on residential uses and MSHCP conservation areas.” Response:The AVSP includes a mix of residential, commercial, recreational, public and open space lands, paseos, greenbelts and trails which encourage sensitive treatment of hillsides and preserves important aesthetic features. Therefore, the AVSP is consistent with these General Plan policies. 6.4.1.4 Historical and Cultural Resources Develop a viable downtown area that preserves potentially significant historical structures and provides civic and cultural opportunities as well as a destination for shopping, meeting, and gathering for both tourists and residents, through the following land use policies: a.“Encourage the historic registration of potentially significant historic buildings as identified in Section 4.7 of the General Plan.” b.“Encourage the preservation, innovative reconstruction, and re-use of historic buildings in and around the Historic District.” c.“Consider locating additional civic, public, and cultural facilities, and encourage both residential and commercial mixed uses, in and around the Main Street Overlay area.” d.“Encourage the revitalization of the Historic District through the revisions of the Historic Elsinore Architectural Design Guidelines and implementation of the Downtown Master Plan.” Response:These General Plan policies address the preservation of historic structures and development in the Historic Main Street part of the City of Lake Elsinore. These policies do not apply to the AVSP project site. 6.4.1.5 Climate Action Plan Promote land use strategies that decrease reliance on automobile use, increase the use of alternative modes of transportation, maximize efficiency of urban services provision and reduce emissions of greenhouse gas emissions, as detailed in the Climate Action Plan (see Alberhill Villages Specific Plan Climate Action Plan). Alberhill Villages Specific Plan 114 6.4.2 Circulation 6.4.2.1 Efficiency & Safety Optimize the efficiency and safety of the transportation system within the City of Lake Elsinore, through the following land usepolicies: a. “The interconnection and coordination of traffic signals shall be achieved through two processes, namely the requirements in the conditions of approval on development projects and/or through the implementation of Capital Improvement Programs projects.” b. “Enforce and comply with proper intersection “sight distance” requirements as described by the Engineering Division.” c.“Maximize the use of shared driveways and on-site circulation to minimize conflicts at access points to the roadway network.” d. “Maintain the system of bike lanes and multi-use trails throughout the City. Encourage the implementation of the network of Class I, II and III bike lanes on all development projects through construction of the facility as described in the Bike Lane Master Plan and/or the Trails Master Plan.” e. “The City will monitor traffic and congestion on Grand Avenue and Corydon Street through the review of project-specific traffic studies, and apply mitigation measures to ensure that projected traffic does not count daily capacities as new development occurs in the area.” Response:As the AVSP develops, it will comply with the above policies addressing the interconnection and coordination of traffic signals, proper intersection “sight distance” requirements, the use of shared driveways in commercial development where appropriate and the creation of a system of bike lanes and multi-use trails within the AVSP. Therefore, the AVSP is consistent with these General Plan policies. 6.4.3 Growth Management 6.4.3.1 Orderly Growth Maintain orderly, efficient patterns of growth that enhance the quality of life for the residents of Lake Elsinore through the following land usepolicy: a. “Encourage mixed-use developments to reduce public service costs and environmental impacts through compatible land use relationships, and efficient circulation and open space systems.” Response:The AVSP includes a balance of residential, commercial, recreational, public and open space lands that includes educational campuses (University and Elementary School), paseos, greenbelts and trails. The Commercial uses will create jobs that will facilitate achieving a jobs/housing balance. Therefore, the AVSP is consistent with these General Plan policies. Alberhill Villages Specific Plan 115 6.4.4 Housing The Housing Element is one of the seven General Plan elements mandated by the State of California in Sections 65580 to 65589.8 of the Government Code. State Law requires that the Element consist of “an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement and development of housing”. The Housing Element is an official response to the need to provide housing for all economic segments of the population. It establishes policies that will guide the City in its decision making, and sets forth an action plan to implement the housing goals. 6.4.4.1 Housing Opportunities Provide decent housing opportunities and a satisfying living environment for the residents of Lake Elsinore, through the following land usepolicies: a. “Utilize the General Plan Land Use Element, Zoning Ordinance, and other land use controls to provide housing sites that can facilitate and encourage the development of a variety of housing consistent with the City’s identified local needs and its regional housing needs.” b. “Encourage the infilling of vacant residential land and the recycling of underutilized residential land, particularly in downtown.” c. “Establish incentives and regulatory concessions to promote the development of housing for very low, low, and moderate income persons, and especially those with special needs in accordance with the City’s Density Bonus Ordinance.” d. “Promote development within specific plans that provide a variety of housing types and densities based on the suitability of the land, including the availability of infrastructure, the provision of adequate services and recognition of environmental constraints.” Response:The AVSP provides a variety of housing opportunities consistent with the City’s General Plan policies. It also includes density bonus incentives, consistent with the City’s Density Bonus Ordinance, to encourage the development of housing for very low, low and moderate income persons. Therefore, the AVSP is consistent with these General Plan policies. 6.4.4.2 Affordability Conserve and improve the condition of the existing affordable housing stock., through the following land use policies: a. “Prevent the encroachment of incompatible commercial and industrial uses into residential neighborhoods.” b. “Continue to provide proactive code enforcement activities to maintain and improve housing and neighborhood qualities.” Alberhill Villages Specific Plan 116 c. “Promote the City’s repair/rehabilitation programs that provide financial and technical assistance to low and moderate income households for the repair and rehabilitation of housing with substandard or deteriorating conditions.” d. “Facilitate the removal of housing units that pose serious health and safety hazards to residents and adjacent structures.” e.“Ameliorate housing conditions that contribute to overcrowding.” Response:The AVSP provides for proper location of commercial and industrial land uses, and mitigated commercial/residential interfaces. The AVSP provides a variety of housing types that will contribute to a reduction of overcrowding. It is therefore consistent with these General Plan policies. 6.4.4.3 Low Income Assistance To assist in the development of adequate housing to meet the needs of very low, low and moderate income households, including large families, single-parent households, the disabled, senior citizens and shelter for the homeless, through the following land use policies: a. “Pursue programs and funding sources designed to maintain and improve the affordability of existing housing units, and for the construction of new housing to very low, low, and moderate income households.” b.“Create collaborative partnerships with non-profit agencies and for-profit developers to maximize resources available for the provision of housing affordable to lower-income households. Support the efforts of non-profit organizations and private developers to obtain State and/or Federal funds for the construction/preservation of affordable housing for lower-income households.” c.“Discourage the conversion of existing apartments to condominiums where such conversion will diminish the supply of very low, low, and moderate income housing.” d.“Promote construction of units consistent with the new construction needs identified ion the Regional Housing Needs Assessment (RHNA).” e.“Locate higher-density residential development in close proximity to public transportation, services and recreation. “ f.“Encourage the development of rental units with three or more bedrooms to provide affordable housing for large families.” g.“Continue to support non-profit and for-profit organizations in their efforts to construct, acquire, and improve housing to accommodate households with lower and moderate incomes.” h.“Provide access to emergency shelters with emergency support for City residents, including disadvantaged groups.” i.“Promote use of the Density Bonus provisions of the Zoning Code as a way to integrate affordable housing into the community fabric.” Response:Consistent with these General Plan policies, the AVSP will provide adequate and affordable housing for all segments of the population. Alberhill Villages Specific Plan 117 6.4.4.4 Maintain and Rehabilitate To address, and where appropriate and legally possible, remove constraints to the maintenance, improvement and development of affordable housing, through the following land use policies: a. “Review and adjust, as appropriate, residential development standards, regulations, ordinances, departmental process procedures, and residential fees related to rehabilitation and construction that are determined to be a constraint on development of housing, particularly for lower- and moderate- income households, and for persons with special needs. “ b. “Streamline the City’s development review process to minimize the indirect cost of time spent in this process, and where appropriate, reduce direct cost in fees of developing new affordable housing opportunities.“ c. “Monitor all regulations, ordinance, departmental processing procedures and fees related to the rehabilitation and/or construction of dwelling units to assess their impact on housing costs. “ d. “When feasible, consider reducing, subsidizing, or deferring development fees to facilitate the provision of affordable housing.” Response:The AVSP supports the City’s policies of providing adequate and affordable housing for all segments of the population. 6.4.4.5 Homeownership Opportunities a. “Pursue a variety of private, local, State and Federal assistance options to support development or purchase of housing within the income limits of lower-income households.” Response:The AVSP supports the City’s policies of providing adequate and affordable housing for all segments of the population. 6.4.4.6 Fair Housing Practice To promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color, through the following land usepolicies: a. “Promote fair housing practices throughout the community.” b. “Prohibit practices that restrict housing choice by arbitrarily directing prospective buyers and renters to certain neighborhoods or types of housing.” c. “Publicize fair housing programs and services offered to the community by the City and other agencies.” Response:The AVSP supports and will comply with all policies and laws requiring compliance with fair housing practices and the provisions of housing for all segments of thepopulation. Alberhill Villages Specific Plan 118 6.4.4.7 Energy Conservation To encourage the incorporation of energy conservation features in the design of all new housing development and the installation of conservation devices in existing developments, through the following land usepolicies: a.“Promote development of public policies and regulations that achieve a high level of energy conservation in new and rehabilitated housingunits.” b.“Comply with all adopted Federal and State actions to promote energy conservation.” c.“Promote the Sustainable Environment section in the Resource Protection and Preservation Element of the 2011 General Plan.” Response:The AVSP requires that structures to be built comply with all local and state building codes and energy conservation measures. 6.4.5 Parks & Recreation 6.4.5.1 Adequacy of Facilities Maintain an adequate quantity, quality, type, and distribution of parks and recreational facilities throughout the City that serve the current and future needs of residents and visitors, through the following land usepolicies: a.“Continue to utilize the City of Lake Elsinore Parks and Recreation Master Plan as a guide for decision making and implementation of the Parks and Recreation Program.” b.“Ensure parkland and recreation facilities support new development through acquisition and/or dedication. Meet the requirement of the Park Capital Improvement Fund, Resolution No. 91-42 and the Quimby Act by acquiring five (5) acres of parkland per 1,000 population.” c.“Explore the use of public-private partnerships, corporate sponsorships, and leasing agreements that provide for additional parks and recreational facilities, and other programs, including cooperation with applicable school districts to allow joint use of facilities.” d.“Consider the addition of a centralized forum for community activities such as a convention center, amphitheater, cultural arts center, or waterfront promenade.” e.“Continue to develop public beach lands and recreational facilities such as campgrounds, boat launches, and water access to the Diamond Stadium, to complement the state and county recreation system.” f.“Encourage the development of private recreational facilities within residential and mixed-use developments.” g.“Ensure that recreation facilities are accessible to the elderly, children, and persons with disabilities as set forth in the Americans with Disabilities Act including increased wheelchair access, height variations on drinking fountains, and any other requirements necessary to serve theseindividuals.” Alberhill Villages Specific Plan 119 Response:The AVSP provides a variety of recreational opportunities including: •A 45.9-acre City Regional Sports Park •A Regional Recreational Lake & Lakeside Park totaling 41.5 acres •An active 14.3-acre Public Community Park •A 6.0-acre community garden •Two town greens (approximately ¾ acres each) •Thirty-five (35) Private Pocket Parks (approximately one (1) acre each) •Pedestrian Paseos •Trails •Plazas/Hardscapes These park and recreation facilities needed to serve the AVSP area are included within the AVSP, and shall be developed, funded, dedicated and maintained as more particularly set forth in Table 3-2. Therefore, the AVSP is consistent with these General Plan policies. 6.4.5.2 Trails Establish a primary trail network for equestrians and hikers through the following land use policy: a. “Encourage public and private systems that interface with other existing and proposed trails (i.e. bikeways) assuring links with the City, County of Riverside, and State recreational facilities.” Response:The AVSP includes a balance of land uses includes paseos, greenbelts and trails. Bikeways will also be provided within the AVSP. These facilities will be located to connect to other such facilities creating area-wide linkages. Therefore, the AVSP is consistent with these General Plan policies. 6.5. PUBLIC SAFETY AND WELFARE The Public Safety and Welfare Chapter address public safety and welfare issues, including: Air Quality, Hazards & Hazardous Materials Flooding, Seismic Activity, Noise, Community Facilities & Protection Services within the City and its surrounding sphere-of-influence, with the stated goals to: 1) Maintain a healthy and safe physical environment, and 2) Ensure community welfare through access to effective and efficient high-quality publicservices. 6.5.1 Air Quality 6.5.1.1 Fugitive Dust Continue to coordinate with the Air Quality Management District and the City’s Building Department to reduce the amount of fugitive dust that is emitted into the atmosphere from unpaved areas, parking lots, and construction sites, through the following land use policy: a. “Continue to implement requirements identified in the National Pollutant Alberhill Villages Specific Plan 120 Discharge Elimination System (NPDES).“ Response:The AVSP will comply with all NPDES requirements at the implementing development project stage. 6.5.1.2 Agency Measures Work with regional and State governments to develop effective mitigation measures to improve air quality through the following land usepolicies: a. “Support the South Coast Air Quality Management District (SCAQMD) in its development of improved ambient air quality monitoring capabilities and establishment of standards, thresholds, and rules to address, and where necessary, mitigate the air-quality impacts of new development.” b. “Support programs that educate the public about regional air quality issues, opportunities and solutions.” c. “Evaluate the purchase of alternative fuel vehicles for official Cityvehicles.” Response The City of Lake Elsinore will continue to work with regional and State governments in the development of mitigation measures to improve air quality. The AVSP will comply with all applicable regional and State regulations related to air quality. 6.5.2 Hazardous Materials 6.5.2.1 Reduce Risk Reduce the level of risk associated with the use, transport, treatment, and disposal of hazardous materials to protect the community’s safety, health, and natural resources, through the following land use policies: a.“Continue to require hazardous waste generators to implement a waste reduction program per the Riverside County Hazardous Waste Management Plan with necessary inspections per the Riverside County Hazardous Materials Handlers Program.” b.“Require any proposed development within close proximity to an active and/or inactive landfill to complete a technical analysis that focuses on public safety and hazard issues. The analysis shall be prepared by a professional consultant.” c.“Encourage the safe disposal of hazardous materials with County agencies to protect the City against a hazardous materials incident.” d.“Continue operating household hazardous waste education and collection programs in collaboration with the Riverside County Department of Environmental Health.” e. “Evaluate new development on or adjacent to the Santa Ana Regional Interceptor (SARI) line requiring extensive subsurface components or containing sensitive land uses such as schools on a project-by-project basis Alberhill Villages Specific Plan 121 to determine impacts if an accident occurs.” Response:The AVSP is not located in proximity to active or inactive landfills. Individual implementing development projects will be evaluated for their potential to become a hazardous waste generator. The AVSP will comply with all applicable local, regional, State and federal laws and regulations regarding hazardous wastes. Therefore, the AVSP is consistent with these General Plan policies. 6.5.3 Wildland Hazards 6.5.3.1 Integrated Approach Adhere to an integrated approach to minimizing the threat of wildland fires to protect life and property using pre-fire management, suppression, and post-fire management, through the following land use policies: a. “Require on-going brush clearance and establish low fuel landscaping policies to reduce combustible vegetation along the urban / wildland interface boundary.” b. “Create fuel modification zones around development within high hazard areas by thinning or clearing combustible vegetation within 100 feet of buildings and structures. The fuel modification zone size may be altered with the addition of fuel resistant building techniques. The fuel modification zone may be replanted with fire-resistant material for aesthetics and erosioncontrol.” c. “Establish fire resistant building techniques for new development such as non-combustible wall surface materials, fire-retardant treated wood, heavy timber construction, glazing, enclosed materials and features, insulation without paper facing, and automatic fire sprinklers.” d. “Encourage programs that educate citizens about the threat of human wildfire origination from residential practices such as outdoor barbeques and from highway use such as cigarette littering.” Response:The AVSP will comply with the City’s policies of requiring brush clearing, fuel modification, special fire suppression techniques, and education programs for greater firesafety. 6.5.4 Flooding 6.5.4.1 Minimize Risk Minimize risk of injury to residents and visitors, and property damage due to flooding, through the following land use policies: a.“Continue to ensure that new construction in floodways and floodplains conforms to all applicable provisions of the National Flood Insurance Program in order to protect buildings and property fromflooding.” b. “Utilize the Capital Improvement Program for storm drainage projects and maintenance and improvement of local storm drain systems including channels, pipes, and inlets to ensure capacity for maximum runoffflows.” Alberhill Villages Specific Plan 122 Response:The AVSP will comply with the City’s implementation of national and local minimum construction standards to protect life and property from damaging floods. 6.5.5 Seismic Activity 6.5.5.1 Minimize Risk Minimize the risk of loss of life, injury, property damage, and economic and social displacement due to seismic and geological hazards resulting from earthquakes and geological constraints, through the following land usepolicies: a. “Encourage the pursuit of State and Federal programs that assist in the seismic upgrading of buildings to meet building and safety codes.” b. “Continue to require Alquist-Priolo and other seismic analyses be conducted for new development to identify the potential for ground shaking, liquefaction, slope failure, seismically induced landslides, expansion and settlement of soils, and other related geologic hazards for areas of new development in accordance with the Fault Rupture Hazard Overlay District adopted by the City. The City may require site-specific remediation measures to during permit review that may be implemented to minimize impacts in these areas.” Response:The AVSP requires that structures be built to comply with all local and state building codes and seismic safety measures. 6.5.6 Noise 6.5.6.1 Reduce Excessive Noise Maintain an environment for all City residents and visitors free of unhealthy, obtrusive, or otherwise excessive noise, through the following land usepolicies: a. “Apply the noise standards set forth in the Lake Elsinore Noise and Land Use Compatibility Matrix (see Table 3-1, Chapter 3.0, City of Lake Elsinore General Plan, 2011) and Interior and Exterior Noise Standards (see Table 3- 2, Chapter 3.0, City of Lake Elsinore General Plan, 2011) when considering all new development and redevelopment proposed within the City.” b. “Require that mixed-use structures and areas be designed to prevent transfer of noise and vibration from commercial areas to residential areas.” c. “Strive to reduce the effect of transportation noise on the I-15 Freeway.” d. “Consider estimated roadway noise contours based upon Figure 3.6 (Chapter 3.0, City of Lake Elsinore General Plan, 2011), Noise Contours, when making land use design decisions along busy roadways throughout the City.” e. “Participate and cooperate with other agencies and jurisdictions in the development of noise abatement plans for highways.” Response:The AVSP requires that structures be built to comply with all local and state Alberhill Villages Specific Plan 123 building codes and noise attenuation measures. 6.5.7 Community Facilities and Protection Services 6.5.7.1 Fire and Police a.“Provide efficient and effective public safety services for the community, through the following policies.” b.“Continue to follow Riverside County Fire Department’s most current guidelines to achieve standard response times and staffing levels.” c.“Coordinate with the County of Riverside to provide adequate police service and staffing levels.” d.“Continue to provide Lake Patrol personnel who enforce boating rules and regulations, and perform rescue tactics.” e. “Promote the establishment of programs such as Neighborhood Watch and Crime-Free Multi-Housing in conjunction with law enforcement agencies to encourage community participation in the surveillance ofneighborhoods.” Response:The AVSP supports the City’s policies of promoting effective police and public safety standards to protect life and property. 6.5.7.2 Schools Encourage all school districts serving Lake Elsinore to provide school facilities that are adequate to serve all students, through the following land usepolicies: a. “Encourage the establishment and development of a trade school, community, and/or four-year college campus within the Cityboundaries.” b. “Continue cooperation between school districts and the City to provide joint use of recreational facilities.” Response:The AVSP provides for the location of a four (4) - year University and supporting University Town Center, and encourages the joint use concept of locating public parks adjacent to school yard facilities. 6.5.7.3 Libraries The City of Lake Elsinore is part of the Riverside County Library System, providing the citizens of Lake Elsinore access to 29 libraries and 2 bookmobiles. The policy of the City of Lake Elsinore is to encourage the County of Riverside/City Public Library System to provide adequate library facilities for Cityresidents. 6.5.7.4 Animal Services The City of Lake Elsinore currently contracts with a private company for all animal control services (Animal Friends of the Valley). The Goal of Animal Services is to provide high quality animal control services to ensure timely response and effective control that protects both citizens and animals. The following land use policies will ensure that the goal is met: Alberhill Villages Specific Plan 124 a. “Continue to foster and participate in the operation of a regional animal control facility through participation in the South Western Communities Financing Authority.” b. “Continue to develop an educational program in conjunction with Animal Friends of the Valley regarding animal control services, including spay and neuter programs.” Response:The AVSP supports the City’s policies of participating in a regional animal control facility and public education efforts regarding spaying and neutering. 6.5.7.5 Water, Wastewater, Reclaimed Water The City of Lake Elsinore receives potable water, wastewater, and reclaimed water service from the Elsinore Valley Municipal Water District (EVMWD). EVMWD is responsible for the planning of water and sewer facilities to meet future demands on supply and distribution through projected needs assessments and its Water Distribution Master plan. 6.5.7.6 Electricity and Natural Gas Ensure that adequate electrical, natural gas and telecommunications systems are provided to meet the demand of new and existing development, through the following land use policies: a. “Coordinate with the utility agencies to provide for the continued maintenance, development and expansion of electricity, natural gas, and telecommunications systems to serve residents and businesses.” b. “Encourage developers to contact Southern California Edison (SCE) early in their planning process, especially for large-scale residential and non- residential development or Specific Plans, to ensure the projected electric loads for these projects are factored into SCE’s load forecasts for the community.” c. “Encourage developers to incorporate energy efficient design measures into their projects and pursue available energy efficiency assistance programs from SCE and other utility agencies.” Response:The AVSP implements the City’s policies of promoting coordination and effective communication between SCE and project developers. 6.5.7.7 Refuse and Recycling Encourage the City’s franchise trash hauler(s) to provide and expand service for the collection, storage, transportation, recovery, and disposal of solid waste to meet the needs of the City, through the following land usepolicies: a. “Request the City’s franchise trash hauler(s) to establish long-term solid waste management plans that include goals for recycling and source reduction programs.” b. “Request that the City’s franchise trash hauler(s) provide a public education program in recycling and source reduction techniques for homes, businesses, Alberhill Villages Specific Plan 125 and construction.” Response:The AVSP supports the City’s policies of providing long term solutions to waste hauling. See Section 7.6 of Chapter 7. 6.5.7.8 Telecommunications Encourage the pursuit of state of the art Information Technology through the following land use policies: a.“Encourage the use of information technology as a communication tool to improve personal convenience, reduce dependency on non-renewable resources, and take advantage of ecological and financial efficiencies of new technology.” b.“Maintain and update the City’s website with information about current events and issues, key leadership figures, community involvement opportunities, and educational tools such as solid waste management techniques and emergency preparedness programs.” Response:The AVSP supports the City’s policies of encouraging the expanded use of information technology throughout the community, and in particular, into residences and businesses to reduce vehicle trips and energy use. 6.6. RESOURCE PROTECTION AND PRESERVATION The Resource Protection and Preservation Chapter sets forth the City’s policies for the protection and preservation of biological resources, open space, water resources, mineral resources, cultural and paleontological resources, historical preservation and aesthetic resources. 6.6.1 Biological Resources 6.6.1.1 Biological Habitats Identify and conserve important biological habitats where feasible while balancing the economic growth and private property right interests of the City, its residents, and landowners, through the following land usepolicies: a. “The City shall continue to participate in the Western Riverside County Multiple Species Habitat Plan (MSHCP), the Lake Elsinore Acquisition Process (LEAP) program, and the Implementing Agreement; with a strategy that focuses on quality assemblage of conservation acreage beginning at the start of the conservation range.” b. “Evaluate the installation of barrier fencing or other buffers between MSHCP conservation areas in order to minimize illegal/unauthorized public access, domestic animal predation, or dumping in the conservation areas while not impeding wildlife movement.” c. “The City’s Conceptual Reserve Design shall be developed in accordance Alberhill Villages Specific Plan 126 with Section 3.2.3 of the MSHCP as amended, and may rely upon the flexibility permitted by the MSHCP where appropriate in conducting the Reserve Assembly Accounting set forth in Section 6.7 of the MSHCP.” d. “Encourage re-vegetation with native plants compatible with natural surrounding habitat where soils have been disturbed during construction, and discourage plants identified ion the MSHCP as unsuitable for conservation areas.” e. “The City shall coordinate with the Regional Conservation Authority (RCA) to have that agency acquire native habitat areas as permanent open space and allow public trail access where appropriate.” f.“The City shall establish a plan for a trail network intended for active or passive use within public open space areas and traversing around and through MSHCP conservation areas where compatible with guidelines set forth in the MSHCP and City Council MSHCP policies.” g. “The City shall require all new trails, trailheads, conservation signage, interpretive centers, and maintenance facilities established within MSHCP conservation areas to follow the Guidelines for the Siting and Design of Trails and Facilities, as set forth in Section 7.4.2 of theMSHCP.” h. “The City shall consult with the RCA and adjacent jurisdictions to ensure proper adherence to MSHCP guidelines and to allow for a maximum level of regional interconnection of trails systems. The City shall reduce, modify or add to the regional interconnections and linkages based on new biological analyses brought forward during the CEQA and Lake Elsinore Acquisition Processes (LEAP).” Response:The City of Lake Elsinore participates in the MSHCP and will continue to comply with applicable MSHCP requirements and to coordinate with the RCA for all project subject to MSHCP procedures. The AVSP is exempt from the provisions of the MSHCP; but will comply with all State and federal laws and regulations, including the federal and State of California Endangered Species Acts, in order to protect sensitive plant and wildlife species. 6.6.1.2 Plants and Wildlife Protect sensitive plant and wildlife species residing or occurring within the City through the following land usepolicies: a.“Biological resources analyses of proposed project shall include discussion of potential impacts to any plant or wildlife species that is officially listed as threatened or endangered by the United States Fish and Wildlife Service and/or the California Department of Fish and Game, but not covered by the MSHCP.” b.“Development or modification shall be discouraged in areas containing riparian habitat of high functions and values or corridors with 80% or more of natural native habitat that link larger patches of natural native habitat containing 80% or more native plant species. Further, development in areas described for conservation, including areas planned for riparian / riverine restoration included in the MSHCP shall also be discouraged.” Alberhill Villages Specific Plan 127 c.“The City shall encourage the development of a Native Tree Planting and Maintenance Program that presents guidelines for selecting and locating trees to support wildlife, improve air and water quality, and reduce energy consumption.” Response:The AVSP will comply with all State and federal laws and regulations, including the federal and State of California Endangered Species Acts, in order to protect sensitive plant and wildlife species. 6.7.1 Open Space 6.7.1.1 Recreation Provide an open space layout within the City that will enhance the recreational visual experiences of all City residents and visitors through the following land usepolicies: a. “Maximize the MSHCP conservation areas and other open space that is available for public use.” b. “The City shall ensure that passive and active open space uses are incorporated into development areas.” c. “Development on steep slopes in public or private property shall require contour grading.” d. “Preserve the City’s visual character, in particular, the surrounding hillsides, which topographically define the lake region.” Response:The AVSP includes a mix of open space lands, paseos, greenbelts and trails which encourage sensitive treatment of hillsides and preserves important aesthetic features. Therefore, the AVSP is consistent with these General Plan policies. 6.7.2 Water Resources 6.7.2.1 Water Quality Provide improved water quality and ensure sustainable water supply through the following land use policies: a. “Encourage developers to provide clean water systems that reduce pollutants being discharged into the drainage system to the maximum extent feasible and meet required federal National Pollutant Discharge Elimination System (NPDES) standards.” b. “Support public education and awareness programs to reduce pollutant discharges into the drainage system.” c. “Require Best Management Practices (BMPs) through project conditions of approval for development to meet the Federal NPDES permit requirements.“ d. “The City shall utilize the 1998 North American Vertical Datum to be consistent with the national standard for mean sea level, which would increase the measurement of the mean sea level for Lake Elsinore by Alberhill Villages Specific Plan 128 approximately 2.4 feet.” Response:The AVSP will comply with all NPDES requirements at the implementing development project stage. 6.7.3 Mineral Resources 6.7.3.1 Extraction and Conservation Balance the importance of conserving mineral resource areas that have been determined to be significant, the need for extracted materials for local construction, and the potential impacts and conflicts that may result, through the following land use policies: a. “The City shall consider the public benefits in allowing extraction activities of mineral resources when making land use decisions.” b. “The City shall require mined property to be left in a condition suitable for reuse in conformance with the General Plan land use designation and the California Surface Mining and Reclamation Act (SMARA).” c. “The City shall encourage the reuse and recycling of existing aggregate and construction material for new residential, commercial, and industrial development.” Response:The AVSP area is presently a vested mining operation. The mining operation is subject to Reclamation Plan RP- 112 mitigation measures prior to final reclamation from development of the AVSP. The current vested mining operation will be phased out commensurate with the phasing of the development. 6.7.4 Cultural and Paleontological Resources 6.7.4.1 Cultural Heritage Preserve and promote the cultural heritage of the City and surrounding region for the education and enjoyment of all City residents and visitors, as well as for the advancement of historical and archaeological knowledge, through the following land use policies: a. “Encourage the preservation of significant archaeological, historical, and other cultural resources located within the City.” b. “The City shall consult with the Native American tribes for projects identified under SB 18 (Traditional Tribal Cultural Places) and AB 52.” c. “When significant archaeological sites or artifacts are discovered on a site, coordination with professional archaeologists, relevant state agencies, and concerned Native American tribes regarding preservation of sites or professional retrieval and preservation of artifacts prior to development of the site shall be required. Because ceremonial items and items of cultural patrimony reflect traditional religious beliefs and practices, developers should waive any and all claims to ownership and agree to return all Native American ceremonial items and items of cultural patrimony that may be found on a project site to the appropriate tribe for treatment. It is understood by all Alberhill Villages Specific Plan 129 parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act.” d. “If archaeological excavations are recommended on a project site, the City shall require that all such investigations include Native American consultation, which shall occur prior to project approval.” Response:The AVSP was subject to SB 18 consultation procedures, which were completed as part of project review. It is not subject to the requirements of AB 52. Mitigation measures set forth in the Environmental Impact Report prepared for the AVSP will assure compliance with these General Plan policies. 6.7.4.2 Analytical Approach Support state-of-the-art research designs and analytical approaches to archaeological and cultural resource investigations through the following land usepolicies: a. “Consult with California Native American tribes prior to decision-making processes for the purpose of preserving cultural places located on land within the City’s jurisdiction that may be affected by the proposed plan, in accordance with State requirements.” b. “Continue to identify, document, evaluate, designate, and preserve the cultural resources in the City.” c. “Continue to update a citywide inventory of cultural resources in conformance with State standards and procedures. “ d. “Support the permanent curation of archaeological artifact collections by universities or museums.” e. “Increase opportunities for cultural heritage tourism by promoting the history of Lake Elsinore to attract cultural heritagetravelers.” Response:The AVSP was subject to SB 18 consultation procedures, which were completed as part of project review. Mitigation measures set forth in the Environmental Impact Report prepared for the AVSP will assure compliance with these General Plan policies. 6.7.4.3 Paleontological Resources Preserve paleontological resources occurring in the City through the following land use policy: a.“For development in areas delineated as “High” or “Undetermined” potential sensitivity for paleontological resources, require the project applicant to hire a certified paleontologist who must perform a literature search and/or survey and apply the relevant treatment for the site as recommended by the Society for Vertebrate Paleontology.” Response:An analysis of potential impacts related to paleontological resources was included in the Environmental Impact Report in compliance with these General Plan policies. Alberhill Villages Specific Plan 130 6.7.5 Historic Preservation 6.7.5.1 Heritage Assure the recognition of the City’s heritage through preservation of the City’s significant historical sites and structures through the following land usepolicies: a. “Require the developer to obtain a professional, qualified historian to conduct a literature search and/or survey for any project that entails demolition or modification of an existing structure that may be of historical value in relation to the City’s cultural heritage.” b. “Apply the General Plan “Historic Elsinore Design Standards” to the Lake Elsinore historic district as defined in the City zoning ordinance.” c. “Work with the Lake Elsinore Historical Society to create and periodically update a historic register of structures and other landmarks valuable to the cultural heritage of the City.” Response:An analysis of potential impacts related to paleontological resources was included in the Environmental Impact Report in compliance with these General Plan policies. The AVSP is not located in the Lake Elsinore historic district. 6.7.5.2 Preservation and Restoration Encourage the preservation, protection, and restoration of historical and cultural resources through the following land usepolicies: a. “Continue to implement the Historic Preservation Guidelines that guide historic preservation efforts as set forth in the Historic Elsinore Design Guidelines and the Downtown Master Plan.” b. “Integrate historic and cultural resources in land use planning processes where feasible to avoid conflict between the preservation of historic resources and alternative land uses.” c. “All City owned sites designated as historical resources should be maintained in a manner that is consistent with the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties.” d. “Encourage owners of historic resources to utilize Federal incentives including Federal Rehabilitation Tax Credits, façade and conservation easements, and to coordinate with the State Historic PreservationOffice.” Response:These General Plan policies are not applicable to the AVSP. 6.7.6 Aesthetics 6.7.6.1 Natural Environment Provide and maintain a natural and built environment that is visually pleasing to City residents and visitors through the following land usepolicies: Alberhill Villages Specific Plan 131 a. “For new developments and redevelopment, encourage the maintenance and incorporation of existing mature trees and other substantial vegetation on the site, whether naturally occurring or planted, into the landscapedesign.” b. “Maintain and improve the quality of existing landscaping in parkways, parks, civic facilities, rights-of-ways, and other public open areas.” c. “Where appropriate, encourage new planting of native and/or non-invasive ornamental plants to enhance the scenic setting of public and private lands.” d. “Incorporate the City’s identification symbol into street signage, planters, benches, public buildings, City vehicles, streetscape furnishings, and other appropriate applications.” e. “Support a high level of Code Enforcement to encourage neighborhood beautification and to maintain property values and quality of life.” f.“Coordinate with agencies to screen, landscape and otherwise obscure or integrate public utility features, including electric power substations, domestic water and irrigation wells, switching and controlfacilities.” g. “Promote and facilitate the placement of public art that creates a unique setting and enhances a cultural and aesthetic character throughout theCity.” Response:The AVSP signage program includes the requirement to incorporate the City’s identification symbol into project monumentation. The AVSP will incorporate native drought-tolerant landscaping in appropriate locations. The AVSP also allows for the incorporation of public art requirements into PDPs. The AVSP complies with those of the above policies that are applicable. 6.7.6.2 Public Views Preserve public views throughout the City through the following land usepolicies: a. “Encourage development designs and concepts that provide public views of Lake Elsinore and local ridgelines through proper siting, building design, and landscape design.” b. “Encourage the dedication of open space land in hillside development proposals to preserve and enhance view opportunities from transportation corridors and surrounding development.” c. “Encourage new development and redevelopment to incorporate views of Lake Elsinore from roadways and other public spaces that provide residents and tourists with scenic vistas to the water, marinas, and lakeshoreactivities.” d. “Establish a series of City and community gateways and entry statements to promote the visual character of the Districts” e. “Consider petitioning Caltrans to take control of portions of the SR-74 corridor, in order to promote signage and landscaping that enhance and preserve the corridor’s aesthetic setting.” Response:Individual implementing projects within the AVSP will be evaluated for compliance with the applicable General Plan policies which encourage the incorporation of development designs and concepts regarding the preservation of Alberhill Villages Specific Plan 132 public views. 6.7.6.3 Visual Distractions Minimize activities, development, and landform modification that could distract viewers from the City’s visual character through the following land usepolicies: a. “Discourage extractive mining activity from being conducted in highly visible areas and require reclamation of these mining areas. If such uses must occur in visible areas, City shall require extensive visual screening with landscaping and/or fencing.” Response:The current vested mining operation will be phased out commensurate with the phasing of the development. 6.7.7 Sustainable Environment 6.7.7.1 Greenhouse Gas Emissions Reduce greenhouse gas emissions from all activities within the City boundaries to support the State’s efforts under AB-32 and to mitigate the impact of climate change on the City, State and world, through the following land usepolicies: a. “By 2020, the City will reduce greenhouse gas emissions from within its boundaries to 1990 levels consistent with AB32.” b. “Measures shall be established that aim to reduce emissions generated from City uses, community uses (community actions) and new development (City discretionary actions).” c. “The City shall strive to increase public awareness of climate change and climate protection challenges.” d. “The City will participate in the Sustainable Communities Strategy / Regional Blueprint Planning effort to ensure that local plans are consistent with the Regional Plan.” Response:See Chapter 7, Climate Action PlanConsistency. Alberhill Villages Specific Plan 133 Chapter 7.CLIMATE ACTION PLAN COMPLIANCE 7.1. INTRODUCTION 7.1.1 Background In compliance with California State Assembly Bill AB32, Executive Order S-3-05, California Environmental Quality Act (CEQA) Guidelines, and the Resource Protection and Preservation Chapter 4.0 of the City of Lake Elsinore (City) General Plan, the City adopted a Climate Action Plan (CAP) in 13 December 2011. The purpose of the CAP is to reduce Greenhouse Gas Emissions (GHG) from all activities within City limits. The CAP is not intended to limit future development or economic growth, rather, it is a strategy to attain sustainability, reduce GHG emissions, and promote a vibrant and livable community. 7.1.2 Purpose & Methodology The purpose of this Chapter is to assess compliance of the Alberhill Villages Specific Plan (AVSP) with the City’s CAP. Using the Consistency Worksheet found in Appendix D of the CAP as a guide, project level GHG emissions impacts are addressed as to the AVSP’s consistency with the City’s General Plan land use, General Plan’s Population and Employment projections, and consistency with various Project Design Components of the AVSP to those set forth in the CAP’s Implementation Measures Matrix. The end result is an overall compliance determination with the CAP. 7.2. GENERAL PLAN The General Plan is a comprehensive, long-term blueprint for guiding the future land use, development, growth, livability, and character of the City. The AVSP is located in the Alberhill District of the City of Lake Elsinore General Plan. The Land Use Plan for the AVSP (see Figure 3-1, Comprehensive Land Use Plan) establishes a mix of land uses and activities, all of which are consistent with those corresponding land uses found on the City of Lake Elsinore General Plan Land Use Plan, and further, since the planned land uses are deemed consistent between the two documents, the impacts upon climate generated by the AVSP are also considered consistent. Therefore, the finding can be made that the AVSP is consistent with the City’s CAP. Contents 7.1 Introduction 7.2 General Plan 7.3 Population & Employment 7.4 Transportation & Land Use 7.5 Energy & Water Use 7.6 Solid Waste 7.7 Community Education & Outreach Alberhill Villages Specific Plan 134 7.3. POPULATION & EMPLOYMENT The General Plan sets forth the future development pattern and intensity of land uses, including housing and business. The type and number of housing units, as well as their location in terms of distance to employment centers has a direct correlation upon the volume of anticipated GHG emissions. The City’s CAP was prepared, and adopted concurrently with the City’s General Plan and Environmental Impact Report (EIR), and as such, assumed future population numbers generated had a base of reasonable information in order to generate a probable assumption of GHG emissions. The AVSP is anticipated to generate population increases from the land uses of Residential, Institutional (Education), and Commercial (Retail, Service) / Office. Utilizing a State housing unit ratio of 3.27 persons per 1000 units, an estimated population of 27,000 persons is anticipated. In addition, the AVSP includes a future University (6,000 students), future Elementary School (850 students), as well as an indeterminate number of employees of new local businesses and visitors to the various multi-use trails, parks, businesses, and schools that are originating from outside the AVSP area. The City’s General Plan Land Use Map, at the time of CAP preparation, contained the same mix and intensity of planned land uses reflected in the AVSP. Since consistency exists between the AVSP and the General Plan Land Uses existing at the time of CAP preparation, the conclusion can be reached that the AVSP is consistent with the CAP. 7.4. TRANSPORTATION & LAND USE The co-dependency found in the relationship between transportation and land use is no more apparent anywhere than in Southern California. The land use pattern that has developed after World War II has been both a direct result of the automobile. “Urban sprawl” is a multi-faceted term that describes the spreading outwards of a City and its suburbs into more rural areas due to the desire for lower density housing that can easily be reached by automobile. Once lower density communities are established as a result of the automobile’s reach, mass transit options become less desirable or even practical, making additional community development even more cardependent. The City of Lake Elsinore is not unlike other suburban communities in Southern California relative to the transportation / land use relationship, and the resultant GHG emissions that result. Transportation related emissions are the largest component of Lake Elsinore’s 2008 GHG inventory, the majority of transportation emissions being derived from the use of fossil fuels (i.e. gasoline and diesel fuel) to power automobiles, trucks and buses. How a General Plan Land Use Plan, and in this case Specific Plan is crafted, can minimize incrementally, and possible reduce cumulatively, the impacts of regional GHG emissions. The key to lower transportation related emissions is to implement strategies that decrease vehicle miles traveled and encourage the replacement of traditional vehicles with fuel efficient and alternative energy vehicles, and offer more travel choices including mass transit, biking and walking, and more efficient land use patterns. The following presents Transportation and Land Use Strategies and Measures taken from the City’s CAP that are designed to help reduce GHG emissions, followed by a response as to how the AVSP complies with said Strategies and Measures. Table 5-3, Implementation Matrix, contains this information in a matrixformat. Alberhill Villages Specific Plan 135 Strategy T-1 Increase Bicycle, Pedestrian and Public Travel Measure T-1.1 Safe Routes to School. “Continue to pursue and utilize grant funding when needed to construct safe pedestrian and bicycle routes within a two-mile radius of schools where appropriate.” Response:The AVSP does not contemplate the pursuit of grant funding. The AVSP does, however, propose the location of two levels of schools: elementary and university. The overall length and width of the AVSP site is approximately 1-1/2 miles in any direction, therefore, proposed pedestrian and bicycle routes will comply with Measure T-1.1. The elementary school will be centrally located in Phase 4 (Parkview Village) - Planning Area (PA) 2c, within walking and bicycle distance along public sidewalks and multi- use trails. The university will be located in Phase 1a (University Village), and will be designed with a central plaza that is linked to a town green, surrounding residential areas, bus stop, and transportation nodes via a central north/south and east/west pedestrian walking/bicycle trail. All Planning Areas will be linked to one another via pedestrian and/or multi-use trails. Measure T-1.2 Pedestrian Infrastructure. “Through the development review process, require the installation of sidewalks along new and reconstructed streets. Also require new subdivisions and large developments to provide sidewalks or paths to internally link all uses where applicable and provide connections to neighborhood activity centers, major destinations, and transit facilities contiguous with the project site; implement through conditions of approval.” Response:The circulation system of the AVSP will provide a variety of sidewalks, pathways, trails and paseos to facilitate increased pedestrian movement throughout the community to schools, businesses, parks, lake, open space corridors, bus routes and transit nodes. Residential areas will connect to institutional and commercial uses via sidewalks, paseos and other pathways. Compliance will be verified at the Design Reviewstage. Measure T-1.3 Street and Sidewalk Maintenance and Improvements. “Continue, through the Pavement Management and Curb, Gutter, and Sidewalk Repair programs, to preserve the pedestrian and bicycle circulation system by annually identifying and scheduling street and sidewalk improvement and maintenance projects.” Response:Upon the verification of the developer’s performance, and payment and maintenance bonds, all street, sidewalk and pathway improvements constructed within public right-of-ways will be accepted by the City of Lake Elsinore for perennial maintenance and repair. Certain developments within the AVSP may contain private streets, sidewalks and pathways, which will be the responsibility of private homeowner associations (HOA) or special maintenance district (i.e. Landscape Maintenance District, Community Service Area) to maintain. The City, HOA or special district must be diligent in correcting any physical deficiencies in the pedestrian and bicycle route system so as to not impede or discourage access or movement throughout thecommunity. Alberhill Villages Specific Plan 136 Measure T-1.4 Bicycle Infrastructure. “Through the development review process, require new development, as applicable, to implement and connect to the network of Class I, II and III bikeways, trails and safety features identified in the General Plan, Bike Lane Master Plan, Trails Master Plan and Western Riverside County Non-Motorized Transportation Plan; implement through conditions of approval. The City will also continue to pursue and utilize funding when needed to implement portions of these plans.” Response:The AVSP will provide bikeways within street right-of-ways as well as within multi-use trails and pathways throughout the community. Lake Street, and the planned extension of Nichols Road are the primary transportation routes through the AVSP site, both of which have been designated as Class II Bikeways in the City General Plan. The AVSP will contain: Off-street Class I bike trails inter-connecting the variousPAs. On-street Class II and Class III bike trails throughout thePAs. Arterial street bike trails connecting the five (5) Villages via Lake Street and Nicholas Road arterials. Bicycle and pedestrian footpath connections from the internal residential PAs to core commercial, office, recreational and university areas. Class IV bikeways will be considered for inclusion in the AVSP during the PDPs approval process. Bikeways will also connect to open space / conservation corridors and regional trails such as the “Lake Elsinore Lake, River, Levee Regional Trail” at Temescal Creek, and along a regional trail at the foothills of the Cleveland National Forest. Compliance will be verified at the Design Reviewstage. Measure T-1.5 Bicycle Parking Standards. “Through the development review process, enforce…. short-term and long-term bicycle parking standards for new non- residential development (consistent with 2010 California Green Building Code [CalGreen], Section 5.106.4), and implement through conditions of approval.” Response:The AVSP contains three (3) areas where businesses and commercial uses will be located, namely, the University Town Center, the Alberhill Town Center, and PA 4c of Lakeside Village. Bicycle racks and storage areas will be provided in accordance with CalGreen standards in these locations, and may also be located at university, elementary schools, and at multi-use trails. Compliance will be verified at the Design Review stage. Measure T-1.6 Public Transit Incentives. “Coordinate with the Riverside Transit Agency to implement regional transit strategies in Lake Elsinore, expand transit routes, and provide public transit incentives to residents and employees, such as free or reduced-cost monthly transit passes.” Alberhill Villages Specific Plan 137 Response:Although it is not the responsibility of the AVSP to coordinate regional transit strategies with the Riverside Transit Agency, the project has been designed to accommodate several multi-modal forms of transportation including transit. The I-15 Freeway is envisioned to become a future transit corridor serving the AVSP area. A future transit station or stop may be located in the University Town Center area, and a future bus route may serve Nichols Road and Lake Street, connecting residential areas with the University and the Alberhill Town Center. Strategy T- 2 Manage Vehicle Parking Measure T-2.1 Designated Parking for Fuel-Efficient Vehicles. “Amend the Municipal Code to require that new non-residential development designate 10% of total parking spaces for any combination of low-emitting, fuel-efficient and carpool/vanpool vehicles (consistent with CalGreen Tier 1, Sections A5.106.5.1 and A5.106.5.3), and implement through conditions of approval. Parking stalls shall be marked “Clean Air Vehicle.” Response:The City of Lake Elsinore is the sole entity responsible for amending the Municipal Code. Non-commercial development within the AVSP shall designate 10% of total parking spaces for any combination of low emitting, fuel efficient and carpool/vanpool vehicles. Compliance will be verified at the Design Review stage. Strategy T- 3 Increase in Efficiency in Land Use Patterns Measure T-3.1 Mixed-Use, High Density, Infill and Transit Oriented Development. “As part of the General Plan Update process, revise the Land Use Map and Municipal Code to allow for and/or increase the amount of mixed- use, high density, infill and transit oriented development. Mixed-use projects should be targeted in the Historic and Ballpark Districts, as well as other areas where services are within walking distance. High density projects should be located in urbanized areas adjacent to services and transportation. Update the Municipal Code for consistency between zoning regulations and General Plan land use designations.” Response:The AVSP is organized into six (6) Villages containing fifteen (15) Planning Areas. Each Village is bounded by major roadways including Temescal Canyon Road, Lincoln Street, Nichols Road or Lake Street, each a major transportation route. Eleven (11) of the PAs are either mixed-use or residential areas that contain multi-family uses such as high density condos and apartments, and/or student housing, with densities ranging from 6 to 24 units per acre. The higher density housing developments will be located within a five (5) minute walk to area services and major transportationroutes. Measure T-3.2 Mixed-Use, Infill, and Transit Oriented Development Incentives. “Identify and provide incentives to promote mixed-use, infill and transit oriented development, such as: a streamlined permitting process, less restrictive parking requirements, less restrictive height limits, lower permit fees and/or reduced impact Alberhill Villages Specific Plan 138 fees.” Response:The use of incentives to promote mixed-use, infill and transit oriented developments noted in Measure T-3.2 are solely an agency function, not that of the AVSP. Should the City incentivize as suggested, the AVSP provides flexibility to effectuate said Measure. The AVSP includes opportunities for mixed-use development within its Mixed Use/Office/Medical, Mixed Use/Regional Commercial, and Commercial/Mixed Use land use designations. Measure T-3.3 Density Bonus Incentive. “Amend the Municipal Code to allow for a Density Bonus Incentive for a residential project that is located within 1,500 feet of a regular bus stop or rapid transit system stop; is located within one- quarter (1/4) mile from a public park or community center; or is located within a one-half (1/2) mile from school grounds/facilities open to the general public, a full-service grocery store, hospital, medical clinic, or pharmacy.” Response:Density bonus provisions have been included within the AVSP within Chapter 4 (Development Regulations). Measure T-3.4 Neighborhood Commercial Centers. “Identify potential neighborhood commercial center sites and rezone identified areas to Neighborhood Commercial as part of the General Plan Update.” Response:Neighborhood commercial areas are found in the University Town Center (PA 1b, 1c), Lakeside Village (PA 4c), and the Alberhill Town Center (PA 6a, 6b). Strategy T-4 Reduce Trips Measure T-4.1 Commute Trip Reduction Program. “Institute a commute trip reduction program for employers with fewer than 100 employees (below the requirements of the existing Transportation Demand Management Program). Provide information, training, and incentives to encourageparticipation.” Response:The AVSP includes a provision to adopt a Transportation Management Plan (TMP) that spreads out peak travel times through ride-sharing, van- sharing, employee flex-time, and bike to work programs. The TMP should include, at a minimum, measures that include ride-sharing and off-peak staggered work-hours programs from businesses. Strategy T-5 Increase the Use of Low and Zero-Emissions Vehicles Measure T-5.1 Hybrid and Fuel-Efficient Vehicle Incentives. “Facilitate the voluntary replacement of inefficient vehicles with hybrids, plug-in electric, and other low-and zero- emissions vehicles by connecting residents and businesses with technical and financial assistance through the City’s website.” Alberhill Villages Specific Plan 139 Response:Although voluntary replacement of vehicles is a function of public desire and response to incentive, the AVSP promotes: Preferred parking for small fuel efficient/electric/alternate fuel vehicles, van pools, ride-sharing vehicles, andbicycles. Public Transit hubs and I-15 proposed rail system. Natural gas filling stations at marketplace costs within PAs to facilitate the use of natural gas fueled vehicles. Measure T-5.2 Municipal Fleet Vehicle Purchasing Policy. “Develop and adopt a low- and zero-emissions replacement/purchasing policy for new and replaced official City vehicles and equipment.” Response:This is a measure that is not applicable to the AVSP. 7.5. ENERGY & WATER USE According to the City’s CAP, energy accounts for thirty-two percent (32%) of Lake Elsinore’s total 2008 GHG emissions. Heating, cooling, and the provision of power to the various residential, commercial and industrial buildings originate from power plants that are fueled by fossil fuels, primarily coal and natural gas. Increasing efficiencies in site design, land use juxtapositions, alternative modes of transportation, alternative fuel vehicles, reduced water demand, and forthright agency policy management, all work together toward the goal of reduced energy consumption and long term energy resource availability. Strategy E-1 Reduce Energy Demand of New Construction Measure E-1.1 Tree Planting Requirements. “Through the development review process, require new development to plant, at a minimum, one (1) 15- gallon non- deciduous, umbrella-form tree per 30 linear feet of boundary length near buildings, per the Municipal Code. Trees shall be planted in strategic locations around buildings or to shade pavement in parking lots andstreets.” Response:The AVSP area is largely devoid of trees due to past and ongoing mining activity. The provision of trees provides both enjoyable aesthetics, but also shade that reduces “heat island” effects and reduces air conditioning use. The AVSP will provide for: New street trees along allroadways. New native and/or drought tolerant trees along alltrails. New trees in all parks and paseos. New trees in all public and quasi-public institutional parking and building areas. New tree placement in all residential, commercial, office, institutional and public facility areas, including parking lots, and is spaces adjacent to buildings. Alberhill Villages Specific Plan 140 Restoration to a perennial stream and native landscape palette of one (1) mile of degraded ephemeral streambed along the Lake Street corridor. Compliance will be verified at the Design Review stage. Measure E-1.2 Cool Roof Requirements. “Amend the City Municipal Code to require new non-residential development to use roofing materials having solar reflectance, thermal emittance of Solar Reflectance Index (SRI)3 consistent with CalGreen Tier 1 values (Table A5.106.11.2.1), and implement through conditions of approval.” Response:Non-residential buildings constructed in the AVSP will comply with City ordinance adopted as of the Design Review Stage which imposes Solar Reflectance Index requirements, and will be verified at the Design Review stage. Measure E-1.3 Energy Efficient Building Standards. “Adopt an ordinance requiring that all new construction exceed the California Energy Code requirements, based on the 2013 or current Energy Efficiency Standards by 15% (consistent with CalGreen Tier 1) through either the performance based or prescriptive approach described in the California Green Building Code; implement through conditions of approval. Alternately, a solar photovoltaic system and/or solar water heating may be used to assist in meeting all or a portion of the 15% requirement.” Response:All buildings constructed in the AVSP will comply with City ordinance adopted as of the Design Review Stage which imposes Energy Efficient Building Standards, and will be verified at the Design Review stage. Strategy E-2 Increase Energy Efficiency of Existing Buildings Measure E-2.1 Energy Efficiency Upgrades and Retrofits. Measure E-2.2 Green Business CertificationProgram. Measure E-2.3 Compact Fluorescent Light Bulb (CFL) DistributionProgram. Response:Not applicable to the AVSP. Strategy E-3 Increase Energy Efficiency of Existing Buildings Measure E-3.1 City HVACs. Measure E-3.2 Energy Efficient Street and Traffic Signal Lights. Measure E-3.3 Street Light Automatic Day lighting ControlDevices. Measure E-3.4 Energy Efficient Lights, Ballasts, and Occupancy Sensors at City Facilities. Measure E-3.5 Municipal Energy Efficiency Upgrades and Purchasing Standards. Response:Not applicable to the AVSP. Alberhill Villages Specific Plan 141 Strategy E-4 Decrease Water Consumption Measure E-4.1 Landscaping Ordinance. “Though the development review, enforce the City’s Assembly Bill 1881 Landscaping Ordinance; implement through condition of approval.” Response:The AVSP requires the planting of drought tolerant plant species, in addition to the re-vegetation of native plant materials where possible. The AVSP landscaping and irrigation policies are asfollows: All PAs will focus the landscaping programs on the use of drought tolerant plant programs reducing the dependency on water, water supplies, and the electrical energy required to deliver thewater. Within the PAs, provide for the use of native and/or drought tolerant plant palettes and species in and along the trails, animal movement corridors, and open space areas of the planned development, thereby reducing or eliminating the use of power driven imported water to irrigate these restored native landscapedareas. The AVSP also proposes the following policies for the use of alternate water sources Take advantage of the shallow groundwater and artesian springs existing underground throughout the PAs to provide gravity fed water to the recreational lake and restoredstreams. The use of reclaimed water will be promoted when the reclaimed water source becomes available from the Elsinore Valley Municipal Water District. The use of local water to grow food crops in the community park garden(s) is an example of one action producing multiple benefits – reduction of imported foods, an edible product from irrigation, soil enrichment, shade, gardening enjoyment, and a social outlet for residents keeping residents inside the localcommunity. Measure E-4.2 Indoor Water Conservation Requirements. “Amend the Uniform Building Code to require development projects to reduce indoor water consumption by 30% (consistent with CalGreen Tier 1, Section A5.303.2.3.1), and implement through conditions of approval.” Response:All buildings constructed in the AVSP will comply with City ordinance adopted as of the Design Review Stage which imposes Indoor Water Conservation requirements, and will be verified at the Design Review stage. Alberhill Villages Specific Plan 142 Strategy E-5 Increase Renewable Energy Opportunities Measure E-5.1 Renewable Energy Incentives. “Facilitate the voluntary installation of small-scale renewable energy systems, such as solar photovoltaic (PV) and solar hot water systems, by connecting residents and businesses with technical and financial assistance through the City website. The City will also revise the permit processes and fees as appropriate to remove barriers to and incentivize the installation of renewable energy systems, in accordance with applicable safety and environmental standards.” Response:Developers of the various PAs will be encouraged to incorporate or offer PV systems, solar hot water, and other renewable energy systems into their buildings. Systems proposed by developers will be addressed at the Design Review level. 7.6. SOLID WASTE According to the CAP, in 2008, the City of Lake Elsinore and the community generated approximately 83,710 tons of solid waste. Fifty-percent (50%) of the solid waste was diverted from the local landfill through recycling and composting programs. As solid waste decomposes, it releases methane gas, a contributing Greenhouse Gas. Two (2) primary ways to reduce methane emissions associated with solid waste are to increase recycling efforts, and reduce waste production. Strategy S-1 Increase Solid Waste Diversion Measure S-1.1 Commercial Recycling (renegotiate Citycontract). Measure S-1.2 Tiered Solid Waste Rate Structure (renegotiate City contract). Measure S-1.3 Recycling Receptacles at City Buildings and Facilities. Response:Not applicable to the AVSP. Measure S-1.4 Construction and Demolition Waste Diversion. “Amend the Municipal Code to require development projects to divert, recycle or salvage at least 65% of non- hazardous construction and demolition debris generated at the site by 2020 (consistent with CalGreen Tier 1, Section A5.408.3.1). Require all construction and demolition projects to be accompanied by a waste management plan for the project and a copy of the completed waste management report shall be provided upon completion.” Response:The AVSP will require that developers of construction projects prepare and manage a Waste Management Plan (WMP) throughout the course of construction. Compliance will be verified at the Design Reviewstage. Measure S-1.5 Green Waste Program (renegotiate City contract). Response:Not applicable to the AVSP. Strategy S-2 Decrease Solid Waste Generated. Measure S-2.1 Municipal Purchasing Policy. Response:Not applicable to the AVSP. Alberhill Villages Specific Plan 143 7.7. COMMUNITY EDUCATION & OUTREACH The City can encourage community members to take necessary steps to reduce their contribution to GHG emissions by providing the public information about climate change science and potential impacts, as well as by providing public education through outreach programs. The following Measures are solely City functions, however, there will be public facilities constructed within the AVSP that will provide venues for public outreach programs and dissemination of educational information. The University, and University Town Center could offer such avenue. Strategy EO-1 Expand Community and Outreach Measure EO-1.1 Green Page on City’s Website. Measure EO-1.2 Quarterly Brochure with Specific Emissions Reduction Information. Measure EO-1.3 Themed Outreach. Measure EO-1.4 Multi-Modal Transportation Access Guide. Response:The public dissemination of information about climate change is not a responsibility or obligation of the AVSP. However, by virtue of its land use design encouraging multi-modal forms of transportation, the incorporation of many multi-use trails, and the embracing of the natural environment throughout the project, the AVSP, as it develops, will be a prime example of climate conscious community. Alberhill Villages Specific Plan 144 Chapter 8.LANDSCAPE DESIGN REGULATIONS 8.1. PURPOSE The Landscape Design Regulations contain the guidelines and standards that will provide the Alberhill Villages Specific Plan community visually unifying landscape, monumentation and wall themes that are intended to create elements of design continuity, and that reinforce an established theme of clay brick, oak trees, and a native plant palette and integrated low water use system. These regulations incorporate the City – Wide Design Guidelines, are also intended to build off of the design elements existing at the adjacent Alberhill Ranch Specific Plan development. 8.2. LANDSCAPE PLAN This section contains the landscape design guidelines and standards for use in the preparation of the Landscape plans throughout AlberhillVillages. 8.1.1 Landscape Plan - Guidelines 1.Create a landscape plan that respects the mining and clay brick making heritage of the Alberhill District and the community design plan concept of villages, public parks, open spaces, natural wildlife corridors, and the pedestrian linkages as the focus; 2.Incorporate rock and historical clay and brick materials in thematic sitefeatures. 3.Provide a native plant palette which is sensitive to the environment and visually blends the development into the community; 4.Create a landscape environment that encourages walking and bicycling as a form of transit and recreation through a network of multi-use trails and open spaces corridors that provide connectivity to all the landuses; Contents: 8.1 Purpose 8.2 Landscape Plan 8.3 General Landscape Requirements 8.4 Entry Monumentation & Signage 8.5 Streetscape 8.6 Landscape Interface Between Uses 8.7 Community Walls & Fencing 8.8 Slope Management & Fuel Modification 8.9 Bikeway System 8.10 Multi-Use Trail System 8.11 Parks & Open Space 8.12 Themed Site Materials & Finishes Alberhill Villages Specific Plan 145 5.Incorporate the latest design principles of environmental sensitivity, water conservation and sustainability into the landscape planning and design; 6.Streetscape for most streets within the community will include sidewalks separated by parkways with simple landscaping composed of shade forming formal rows of large canopy trees under-planted with native dominated shrubs and groundcover; 7.Select native plant materials that complement the overall theme, and that have low water use demand and low long term maintenance; 8.Use a combination of formal and informal plant and tree groupings along open spaces and against community architecture that are dominated by native plantings; 9.Buffer perimeter walls where they occur by using evergreen trees and large evergreen shrubs, and large masses of groundcovers andvines; 10.Consider view opportunities from the neighborhoods to the surrounding landscape terrain and mountains. Enhance views toward the outside of the immediate project limits whereverpossible; 11.Pedestrian connections, bus stops and residential streets should offer canopy trees and flowering accent trees to provide shade andcolor; 12.Specimen and flowering accent trees should be used at entries and at the end of long streets within open space areas, as appropriate; 8.1.2 Landscape Plan Regulations 1.The project proponent and/or Developer and/or merchant builder shall be responsible for the maintenance and upkeep of all slope planting, common landscape areas and irrigation systems until such time as these operations have been officially transferred to a Home Owners Association, Landscape Maintenance District, or other approved legalentity. 2.All final landscape plans and exhibits for residential neighborhoods, public parks and recreational areas, institutional/school, and commercial uses shall be prepared by a licensed landscape architect for City of Lake Elsinoreapproval. 3.Project entries shall incorporate thematic landscaping and hardscape architectural features that project an appealing, quality image that will enhance the surrounding community. 4.The proposed location of Community Entry enhanced landscape treatment areas will be determined with the preparation of more detailed site plans at the Phased Development Plan (PDP) level. Alberhill Villages Specific Plan 146 5.The landscaping plan shall be designed to conserve water utilized for irrigation, consistent with City of Lake Elsinore Municipal Code’s Water Efficient Landscape Requirements, and California Code of Regulations Title 23 Division 2 Chapter 2.7. Methods of irrigation may include the use of drought-resistant, low water demand plants and groundcovers, grouping of plants or similar water needs to reduce over- irrigation or under-irrigation, mulching to retain moisture and reduce opportunity for invasive plants. 6.High efficiency irrigation methods shall be utilized, including, but not limited to, above surface low volume technologies and/or sub-surface drip systems. Acceptable low volume irrigation systems may include, but not be limited to, above ground drip emitters, micro-spray, MP Rotators (or equal), undercut nozzles, mist emitters, low volume bubblers, and sub-surface drip systems or other appropriate devices. 7.Future merchant builders of single-family residential projects in Alberhill Villages shall provide front yard landscaping automatic irrigation systems. Commercial, Institutional/ School, Municipal, and Multi-Family residential projects shall provide automatic irrigation systems for all landscapingareas. 8.Where special design conditions exist (e.g. to enhance prominent views and vistas, or to soften edge conditions), focused design features shall be included within the design of development for those particular planning areas at the PDP design review stage. 9.Neighborhood (residential subdivision) entrance designations shall consist of a neighborhood identification sign on a decorative wall/monument with a minimum depth of landscaping of 12 feet measured from the nearest roadway right-of-way line surrounding the wall/monument. 10.Prior to the approval of any final subdivision map, improvement plans for the respective landscape areas shall be submitted to the City of Lake Elsinore Planning Division for review shall include, at a minimum, thefollowing: a. Final Grading Plans; b. Certified Irrigation Plans; c. Landscaping Plans satisfying the requirements of City of Lake Elsinore Municipal Code, and California Code of Regulations Title 23 Division 2 Chapter 2.7; d. Wall and Fence Plans; e. Lighting Plans. 8.3. GENERAL LANDSCAPE REQUIREMENTS The landscape character of the Alberhill Villages community is established by the initial development. Subsequent landscape improvements are defined in terms such as: 1) Hardscape: includes walkways, driveways, planters, fountains, columns and pilasters.; and 2) Softscape: includes lawns, shrubs, ground cover, trees, and flowers. Alberhill Villages Specific Plan 147 8.3.1 Landscape Maintenance - Guidelines There are many different elements of landscape requiring maintenance including: street right-of- ways, common areas, slopes, sports parks and community parks, pocket parks, paseos, multi- use trails and other common open spaces. Responsibility to maintain these areas is as follows: 1.Street right-of ways including parkways, medians, roundabouts (turnarounds), and certain slope areas should be maintained by the City of Lake Elsinore, Landscape Maintenance District (LMD), Homeowners Association or other approved legal entity. 2.Active sports parks and community parks should be maintained by the City of Lake Elsinore, LMD or other legalentity. 3.Common areas such as open spaces, pocket parks, multi-use trails, paseos and pedestrian corridors should be maintained by a Homeowners Association (HOA), LMD, or other approved legalentity. 4.Playgrounds and landscaping at primary and secondary school sites should be the responsibility of the Lake Elsinore Unified School District, or in the case of the University, the entity having legal authority over the University (e.g. University of California, California State University and Colleges, or private school board). 5.Private homeowners shall be responsible for all maintenance within their private lot area, including all walls and fences, and public street landscape adjacent to their lot frontage, unless otherwise maintained by an HOA orLMD. 8.3.1 Landscape Maintenance - Standards 1.Where HOA maintained landscape areas are adjacent to non-HOA landscape areas, there should be a definitive physical separation in order to eliminate confusion as to the limits of maintenanceresponsibility. 2.The maintenance of the approved landscaping shall consist of regular watering, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants and trees with the approved landscape types within 90 days, and the repair and replacement of faulty irrigationsystems. 3.Lawn and groundcovers are to be trimmed or mowed regularly. All planting areas should be kept free of weeds and debris. 4.Stakes, guys, and ties on trees shall be checked regularly for correct function. Ties are to be adjusted to avoid creating abrasions or girdling on trunks or branches. 5.Where landscaping is not maintained by a private entity or HOA, the developer will be required to cause a landscape maintenance district to be formed, or annex the landscape area into an appropriate landscape maintenance district to fund maintenance of monumentation and streetscapes, Public parks will need to have a maintenance entity determined. Alberhill Villages Specific Plan 148 8.3.2 General Residential Yard Landscape - Standards The following are general standards for installation of landscape in residential yards, and are intended to be incorporated into the landscape requirements of the respective HOA or project Conditions, Covenants and Restrictions(CCRs): 1.Except for patio covers, gazebos, and play equipment, the top of all landscape hardscape features, such as garden walls, fences, statues, sculpture, outdoor fire places, waterfalls, and fountains, must be below the height of the project perimeter wall so as not to be viewed at adjacent ground level from surrounding streets, parks, greenbelts, schools, and adjacent homes. 2.Decorative rock, wood chips, sand, gravel, or any other rock-like substance, in yards visible from streets or other public views are not generally acceptable, however, these materials may be acceptable when installed as an accent in the visible areas. Non-plant materials are not to be used as a substitution for hardscape, lawn, groundcover, or shrubs. 3.Hedge-type plants if used, exceeding eighteen inches (18”) in height, and/or shrubs with thorns planted adjacent to public or commonsidewalks. 4.Paved areas should be minimized in yards visible from streets. Permitted paving materials including concrete, brick, and flagstone, in colors compatible with the house. 5.A minimum of two (2) 15-gallon trees are required in each front yard, if feasible in the planting area provided. At corner lots, three (3) 15-gallon trees are required. The preferred location is as close to the street as possible. 6.The unpaved ground area visible from the street must be covered with plant materials. Large areas of bare earth are not permitted. Shrubs should be planted at the base of the house wall, any garden wall, and any fence visible to the street. At corner lots, the areas in the side yard between the street and the side yard fence must be planted with groundcover and shrubs orvines. 7.Thematic landscape features with distinctive colors, forms, or materials that establish an independent theme that conflicts with the overall street scene, such as mirror balls, statues, sculpture, rock gardens, and gravel yards, are not permitted in private yards visible fromstreets. 8.Permanent automatic irrigation systems shall be installed for all front yard landscaped areas, including single-family lots, prior to final inspection and issuance of certificate of occupancy. 9.All common area landscaping and public right-of-way landscaping shall have an automatic irrigation system. Adjustments, replacements, repair, and cleaning shall be a part of regular irrigation systemmaintenance. Alberhill Villages Specific Plan 149 8.4. ENTRY MONUMENTATION & SIGNAGE 8.4.1 Entry Monumentation - Guidelines This section contains the standards and guidelines for the implementation of entry monumentation within the Alberhill Villages Specific Plan area. These guidelines and standards are intended to: 1.Provide a visual element to the vision and character of a community strongly connected to the land and its traditional historical mining and clay brick manufacturing past; 2.Provide project identification and create gateways into the community at primary access points, village, neighborhood and specific activityareas; 3.Integrate landscaping and signage with the entry monumentation that is visually pleasing and consistent with the theme of the Alberhill Villagescommunity. 4.Develop and maintain a hierarchical format for primary, secondary and other points of access to the major land uses and features of thecommunity. 8.4.2 Entry Monumentation – General Standards 1.Entry monumentation hierarchy, from the most dominant to the least dominant form is as follows: Primary Entry (major community entrances), Secondary Entry (minor community entrances), and Village Entry (neighborhoodentrances). 2.The architectural style of key features of the entry monumentation should be complemented with clay and brick accents. 3.Specific entry monument locations, heights and widths will be determined by the natural topography and surrounding conditions. 4.Acceptable materials may include: clay brick, stone, concrete ranch-rail, pre-cast concrete, split-face masonry block, and vinyl. The use of clay brick is strongly encouraged as the main thematic designelement. 5.Wall, column, pilaster and other hardscape elements shall feature clay brick as the predominant visual accent element. The monument walls will be made of the materials noted above and should be formed into natural land forms as much as possible as if growing from the site. 6.The Specimen trees and other accented planting where noted and especially at entry areas should be highlighted with accented and energy efficient landscape lighting. 7.Landscaping around entry monumentation should be native and droughttolerant. Alberhill Villages Specific Plan 150 8.Signage incorporated into entry monuments shall be firmly affixed to the wall/monument so as to prevent easy removal, and shall not be made of gold, silver, copper or other precious metal. The use of bronze, aluminum or other metal of high recyclable value is discouraged. 9.City of Lake Elsinore branding shall be incorporated into all monumentation described in Section 8.4, ENTRY MONUMENTATION & SIGNAGE. 10.For locations of entry monuments, refer to Figure 8.1, CIRCULATION & MONUMENTATION MASTER PLAN. 8.4.3 Primary Entry - Standards Primary entry treatments are to occur at 4 major roadway locations entering the community. The Community Entries are on Lake Street just south of the I-15 Freeway, on Lake Street at Alberhill Ranch Road, on Temescal Canyon Road (new) just south of the I-15, and on Lincoln Avenue just north of the project boundary. In addition to the general standards in Section 8.4.2 above, the Community Entry monumentation shall comply with the following: 1.The Primary entry monumentation is the largest of the entry monumentation when arriving at the Alberhill Villages community and should reflect a size and scale reflective of its prominence. 2.The location, height, width and depth will be determined by the natural topography and surrounding conditions. 3.The monuments should include a project identification sign and logo, pedestrian and landscape lighting and enhanced paving. Signage should be constructed with weather-resistant words and logo. Both the sign and wall should have wash and focused lighting. 4.Walls, columns, pilasters and other hardscape elements shall feature clay brick with stone and lap siding accents as the predominant visualelements. 5.The predominant landscape materials shall be native and droughttolerant. 6.Specimen trees and other accented planting, where noted, should be highlighted with accented and energy efficient landscape lighting. Alberhill Villages Specific Plan 151 Figure 8-1 Circulation & Monumentation Plan Alberhill Villages Specific Plan 152 8.4.4 Secondary Entry - Standards Secondary entries are used to identify entries into special use areas of the community such as the Alberhill Town Center, University Village, and University Town Center areas (refer to Figure 8.1 CIRCULATION & MONUMENTATION MASTER PLAN). In addition to the general standards in Section 8.4.2 above, the Secondary entry monumentation shall comply with the following: 1.Secondary entry monumentation should be matched on each side of the street approaching the special use area. The design for the monuments may match that of the Community Entry monument. 2.The location, height and width of the monument will in part be determined by certain site constraints including, but not limited to, proximity to residential and commercial lotting, natural topography, and overall site conditions and scale to other architectural features. 3.Each village entry monument should be identified with a unique sign, logo or symbol representing the characteristic or theme of that particular community for easy readability and neighborhood identity. Both the wall and sign should have wash and focused lighting. 4.Wall, column, pilaster and other hardscape elements shall feature clay brick as the predominant visual accent material. 5.The Village entry monument sign may have wash lighting as anoption. 6.The landscape will be native and drought tolerant with a mix of evergreen specimen and accent trees behind the monuments. 7.The specimen trees and special planting should be highlighted with accent uplighting as appropriate. 8.Additional village identification logo placement opportunities may occur in areas such as enhanced paving, post carvings in portal or shade structures, smaller directional signage, historical references to the Alberhill town and mining history of the area, art in the landscape. 8.4.5 Village Entry - Standards Village entries encourage a sense of smaller neighborhoods amidst the larger community. These entry monuments are located on streets classified as collector and lower. In addition to the general standards in Section 8.4.2 above, the Village entry monumentation shall comply with thefollowing: 1.Though smaller in scale, the neighborhood entry monumentation shall reflect the same character and materials utilized in the primary, secondary, and village entry monumentation. 2.Neighborhood entry monumentation will be positioned at the entrance to individual residential neighborhoods. Alberhill Villages Specific Plan 153 3.The basic materials, signage lettering, and landscaping shall remain consistent; however, unique designs are encouraged for the neighborhood entry monuments in order to foster and celebrate neighborhood diversity and identity. Incorporation of the Village logo or character symbol isencouraged. 4.Wall, column, pilaster and other hardscape elements shall feature clay brick as the predominant visual accent material. 5.Where appropriate, landscaped center medians are encouraged at all neighborhood entries when located at streets classified as a local collector or wider. 8.4.6 Commercial Use - Standards Commercial monuments will be located in the Regional and Community Mixed-Use, and Institutional/Educational land use. In addition to the general standards in Section 8.4.2 above, the Commercial monumentation shall comply with the following: 1.Commercial monuments will be consistent with the design themes of the Community Entry and Village Entry monumentation, and should contain the same features of clay brick and/or stone walls, or pilasters. Clay brick shall be incorporated. 2.Incorporation of the applicable Village identification logo isencouraged. 3.Directional and project signage isallowed. 4.Wall, column, pilaster and other hardscape elements shall feature clay brick as the predominant visual accent. 5.Evergreen specimen trees, flowering trees, and low growing native vegetation and rock outcroppings may be placed adjacent to and/or in front of the monument walls. 8.4.7 School and University - Standards In addition to the general standards in Section 8.4.2 above, the School and University monumentation shall comply with thefollowing: 1.Elementary and University monumentation should incorporate the same basic materials of clay brick and stone in keeping with Alberhill Villages theme. 2.Signage lettering, logo and landscaping should be in keeping with the Alberhill Villages theme, however, unique designs are encouraged for school monuments which will foster neighborhood identity and promote school spirit. 3.Incorporation of the respective Village logo isencouraged. 4.Formal or informal evergreen specimen trees, flowering trees, and low growing native plantings are encouraged. Alberhill Villages Specific Plan 154 5.Wall, column, pilaster and other hardscape elements shall feature clay brick as the predominant visual accent material. 8.4.8 Park - Standards In addition to the general standards in Section 8.4.2 above, Park monumentation shall comply with the following: 1.Park monuments will be consistent with the design themes of the Community Entry and Village Entry monumentation, and should contain the same features of clay brick and/or stone walls, or pilasters. Clay brick shall be incorporated. 2.Incorporation of the respective Village logo isencouraged. 3.Formal or informal evergreen specimen trees, flowering trees, and low growing native plantings are encouraged. 4.Wall, column, pilaster and other hardscape elements shall feature clay brick as the predominant visual accent material. 8.4.9 Trail - Standards There are many unique hiking, biking, walking and multi-use trails that are woven into the fabric of the Villages, open spaces, and parks. Monumentation style should reflect the uniqueness of the respective trail. In addition to the general standards in Section 8.4.2 above, Trail monumentation and signage shall comply with the following minimum standards: 1.Each trail system should have trail head monumentation and signage. The trail head monumentation may consist of an interpretative kiosk noting the significance of that particular trail, and include seating and a plaque or similar signage identifying the trail name. 2.The style and design of trail signage found throughout the trail experience should have a hierarchy and direction and will be appropriately scaled for its use. Signage may vary in materials depending on surroundingconditions. 3.Materials used should reflect the surrounding topographical conditions and adjacent architectural influences visually related to the trail head area, and where walls or other structures are constructed, the materials should feature clay brick. Materials may vary depending on the appropriateness of the scale, size, and proximity to other use areas. 4.The use of native trees, shrubs, and ground cover plant materials is highly encouraged at all trail heads. 5.Where grades are steeper than 1:1 at a trail edge, and the native surrounding flora subject to possible destruction, there should be a split rail guard rail, vinyl rail fence, or similar obstruction constructed to deter pedestrian traffic from wandering off the designated trail. Also, where grades are steeper than 35%, steps and hand Alberhill Villages Specific Plan 155 rails should beconsidered. 6.Where applicable, low growing native plant materials shall be planted adjacent to the trail path to enhance the trail experience and deter pedestrian traffic from wandering off thepath. 8.5. STREETSCAPE 8.5.1 Streetscape - Guidelines 1.Strongly connect the aesthetic of the larger community theme while maintaining the individual character identity of each smaller village and/or neighborhood. Uniformity will come from the configuration of trees, street furniture, sidewalks, monumentation, pedestrian crossings, and the emphasis of treatments at numerous viewcorridors. 2.All arterial and collector streets will have meandering sidewalks, removed or setback from curbs whenever possible. 3.Street trees and shrubs should be native, will be randomly planted and natural in occurrence, diverse in species reflective of individual village plant material palettes, with varying size rock and decomposed granite ground mulch where appropriate. 4.Shrubs will be more formally used in the Town Center Village, and both trees and shrubs being less formally used in all village neighborhoodparks. 5.Trees should be limited along bluff tops, ridgelines, and other view corridors in order to protect naturally occurring vistas 6.Streetscape landscapes are to highlight special features, enhance and blend with the natural topography, provide direction, circulation, and movement through the community. 7.A variety of native oak trees found throughout Riverside County are to be the featured tree throughout thecommunity. 8.5.2 Lake Street and Temescal Canyon Road - Standards A typical street section may include a meandering multi-use concrete walk within a wide landscape buffer on both sides of the street when possible. When applicable the multi-use walk shall provide connectivity to the greater circulation master plan for the City of Lake Elsinore. Other featured street amenities to be considered would be an adjacent bike lane on both street sides, connection to an equestrian master plan, and a planted median. Minimum standards are asfollows: 1.The landscape buffer, parkways, and raised planted medians shall be accented with low landscaped berms (where appropriate) and combinations of large, evergreen and deciduous canopy trees randomly spaced at irregular intervals Alberhill Villages Specific Plan 156 framing and screening desirable view sheds throughout the site. 2.Native oak trees are highly desired as the predominant street and specimen tree. 3.Turf is to be avoided wherever possible. 4.Hardscape elements shall feature clay brick as the predominant visual accent element. 5.Masses of high, medium, and low growing native and drought tolerant, evergreen, and flowering shrubs and ground covers are encouraged for visual interest and streetscape continuity. 6.An 18” wide (minimum) concrete maintenance band at the perimeter edge of median islands should be considered. Maintenance banding should incorporate clay brick pavers, or be clay colored stamped or decorative concrete. 8.5.3 Village Entry (Streets A & B) - Standards A typical street section may include a meandering multi-use concrete walk within a wide landscape buffer on both sides of the street when possible. When applicable the multi-use walk shall provide connectivity to the greater circulation master plan for the City of Lake Elsinore. 1.Village Entry street tree plantings should be more formalized in these locations to promote the specific character for that particular village. The use of native oak specimen trees is highlyrecommended; 2.Enhanced paving at crosswalks, where appropriate, is encouraged. Crosswalks may be enhanced at this location with either a color or change in paving materials such as brick or interlocking pavers. Clay brick pavers of terra cotta color are highly recommended. 3.The landscaped parkways should be accented with low landscaped elevated land forms (where appropriate) with combinations of colorful, large, native evergreen and deciduous canopy trees. 4.Turf is not permitted in the parkways; however, natural and native grasses and similar are encouraged. 5.Masses of high, medium, and low growing drought tolerant, evergreen, and flowering shrubs and ground covers are encouraged for visual interest and streetscape continuity. 6.Median street trees, shrubs, and ground cover planting will reflect the native plant and tree theme. 7.An 18” wide maintenance band at the perimeter edge of the median islands is encouraged. Where appropriate, the median paving materials should include clay brick or similar elements. Alberhill Villages Specific Plan 157 8.5.4 Nichols Road - Standards A typical street section may include a meandering multi-use concrete walk within a wide landscape buffer on both sides of the street when possible. When applicable, the multi-use walk shall provide connectivity to the greater circulation master plan for the City of Lake Elsinore. Other featured street amenities to be considered would be an adjacent bike lane on both street sides, connection to an equestrian master plan, and a planted median. Minimum standards are asfollows: 1.Enhanced paving at crosswalks, where appropriate, is encouraged. Crosswalks may be enhanced at this location with either a color or change in paving materials such as brick or interlocking pavers. Clay brick pavers of terra cotta color are highly recommended; 2.The landscaped parkways should be accented with low landscaped elevated land forms (where appropriate) with combinations of colorful, large, native evergreen and deciduous canopy trees; 3.Turf is not permitted in the parkways, however, natural and native grasses and native plants are encouraged. 4.Masses of high, medium, and low growing drought tolerant, evergreen, and flowering shrubs and ground covers are encouraged for visual interest and streetscape continuity. 5.Median street trees, shrubs, and ground cover planting shall reflect the native plant and tree theme. 6.An 18” wide maintenance band at the perimeter edge of the median islands is encouraged. Where appropriate, the median paving materials should include clay brick or similar elements. 8.5.5 Streets C, E, and F - Standards Streets C, E and F are local collector roads, which are typically two lanes. Local collector roads provide easy connectivity between villages, residential areas, the university, schools, and commercial developments. A typical should include a meandering multi-use concrete walk, a landscape buffer on both sides, a bike lane (on both sides of the street when possible) and vehicular lanes. Minimum standards are as follows: 1.Enhanced paving at crosswalks, where appropriate, is encouraged. Crosswalks may be enhanced at this location with either a color or change in paving materials such as brick or interlocking pavers. Clay brick pavers of terra cotta color are highly recommended; 2.The landscaped parkways should be accented with low landscaped elevated land forms (where appropriate) with combinations of colorful, large, native evergreen and deciduous canopy trees; 3.Turf is not permitted in the parkways, however, natural and native grasses and similar are encouraged. Alberhill Villages Specific Plan 158 4.Masses of high, medium, and low growing drought tolerant, evergreen, and flowering shrubs and ground covers are encouraged for visual interest and streetscape continuity. 8.5.6 Town Center Main Street / Nichols Road from Street D to Lake St. - Standards Alberhill Town Center Main Street is found in Village 6. The Alberhill Town Center Main Street consists of wide, angled parking on both sides of the street, with ADA compliant accessible ramps. Trees in tree wells and planters, and smaller, appropriately sized canopy understory street trees frame the Main Street buildings and first floor store front shopping and eatery areas. Minimum standards are as follows: 1.Enhanced paving at crosswalks, where appropriate, is encouraged. Crosswalks may be enhanced at this location with either a color or change in paving materials such as brick or interlocking pavers. Clay brick pavers of terra cotta color are highly recommended. 2.If medians or roundabouts occur, the medians should include street trees and low growing drought resistant groundcover accented with flowering shrubs. Turf is not permitted in the medians, however, natural and native grasses and similar are encouraged. 3.Masses of high, medium, and low growing drought tolerant, evergreen, and flowering shrubs and ground covers are encouraged for visual interest and streetscape continuity. 4.An 18” wide maintenance band at the perimeter edge of the median islands and roundabouts, where occurring, is encouraged. Where appropriate, the median paving materials should include clay brick or similarelements. 8.5.7 Traffic Circles / Roundabouts - Standards The landscaping within traffic circles and roundabouts is to be a visually important focal point. The minimum landscape standards to be found within roundabouts may include: 1.Enhanced brick, interlocking pavers, or colored/stamped concrete recommended in hardscape areas, artwork, water features, and specimen trees may be considered as focal point elements. 2.Trees, which should be large, flowering evergreen trees surrounded by flowering shrubs and groundcovers. 3.Turf is not allowed as a groundcover within the traffic circle or roundabout. A rolled curb and a clay brick paver or terra cotta colored paving maintenance banding is suggested. Alberhill Villages Specific Plan 159 8.6. LANDSCAPE INTERFACE BETWEEN USES Landscape Interface is defined in this section to mean a typical edge condition or description of a landscape buffer between differing uses or activities. The basic difference of an interface will be whether it is a view condition or a buffer condition. In some cases, landscape transition zones may apply even in view situations depending on adjacent land uses. The guidelines for landscape interfacesare: 1.Carefully blend the edges of plant materials from one treatment type to another. The transitions may be abrupt orgradual. 2.Smaller structures can be buffered with shrubbery and elevated land forms. Larger structures can be buffered through a combination of elevated land forms with tree clusters. 3.All plants should be native, and be chosen from the plant palette at the end of these guidelines. Care should be taken when selecting plants to consider their initial size, growth expectations, form and seasonalcharacteristics. 4.Buffering between uses may be achieved by incorporating hardscape (e.g., walls or fencing) and softscape elements. Material selection must be compatible with other materials used nearby. 5.All planting should be drought tolerant, native or naturalized plant material suitable to the region. There are typical landscape interface conditions that may apply to parcels within each village and developed area. The landscape interfaces are, but may not be limited to, the following scenarios: 8.6.1 Residential / Paseo 8.6.2 Residential / School 8.6.3 Residential / Streetscape Landscape Buffer 8.6.4 Residential / Open Space 8.6.5 Residential / Park 8.6.6 Residential / Village Center /Commercial 8.6.7 Natural Area or Open Space at Street Edge 8.6.8 Street Edge / Open Space 8.6.9 Street Edge / Commercial 8.6.10 Street Edge / Residential 8.6.11 Park/School/Places of Religious Assembly 8.6.12 Detention Basin 8.6.13 Bio-Swale 8.6.14 Trail Edge Alberhill Villages Specific Plan 160 8.6.1. Residential / Paseo Interface - Standards A “paseo” is defined as a landscaped walkway or pedestrian path located between areas of development that provides a street-to-street, or area-to-area connection. Visual and physical access to paseos is desirable from residential areas. In addition to the general standards in Section 8.3, minimum landscape standards for residential paseos shall include the following: 1.Landscaping should be low and unobtrusive shrubs and groundcover. 2.Plantings should be used to enhance and screen view sheds where appropriate. 3.Plantings used to screen any area of use should be well thought out so as to keep views open for safety officers to be able to drive by and monitor any activity. 4.Lighting should be low and unobtrusive, only lighting the pathways as a safety precaution. 8.6.2. Residential / School Interface - Standards Screening and privacy, but with ample visual open character, are important considerations both from the school and the residences’ perspectives. In addition to the general standards in Section 8.3, minimum landscape standards for residential/school interface include the following: 1.Landscaping against walls should be evergreen but remain low and unobtrusive. 2.Use planting and berming to screen views of structures whereappropriate. 3.Plantings used to screen any area of use should be well thought out so as to keep views open for safety officers to be able to drive by and monitor any activity. Plantings shall not completely screen or prevent public use of any pedestrian pathway at a residential/school interface), and views must be kept open for safety officers to be able to monitor anyactivity. 4.Lighting between school uses and residential parcels may not be necessary or desired and will be determined on a case by case basis. However, sports lighting for potential baseball and soccer fields at the University Town Center will most likely be required. All sports lighting will be focused specifically on the field being lit, and required to be hooded shielding to prevent glare upon surrounding properties pursuant to the “Dark Sky” lighting policy of the Alberhill Villages Specific Plan (see Chapter 9,Lighting). Alberhill Villages Specific Plan 161 Figure 8-2 Alberhill Villages Planting Master Plan Alberhill Villages Specific Plan 162 8.6.3. Residential / Streetscape Landscape Interface - Standards Screening, privacy, and attenuation of roadway generated noises are important considerations for the residences. In addition to the general standards in Section 8.3, minimum landscape standards for residential/streetscape interfaces include the following: 1.A solid wall with a double row of evergreen trees and evergreen shrubs along arterial highway and collector street edges of the streetscape are suggested for this particular interface. 2.In areas of terrain elevation where views are desirable, a view fence with low growing groundcovers would be appropriate. Refer to Section 8.7.3 for types of allowable view fences. 3.Most areas at this interface will require evergreen landscaping against solid walls. Use planting and berming to screen or enhance views where appropriate. 8.6.4. Residential / Open Space Interface - Standards Optimization of open space views and security of residential areas are considerations of this interface. In addition to the general standards in Section 8.3, minimum landscape standards for residential/open space interfaces include the following: 1.If fencing is required along boundaries of residential parcels that have views of natural open spaces and landscaping, then view fencing (i.e. tubular steel, glass wall) should be installed for parcel security and enhancement ofview. 2.Landscaping separating the residential parcel from the natural open spaces should enhance and frame the natural view sheds from the residential parcels. 3.Physical access (trail heads and other such local amenities) should be highlighted and enhanced with nativelandscaping. 4.Any landscaping required in the open space perimeter edge should remain native or naturalized, low, and unobtrusive to adjacent landuses. 5.Lighting between residential and open space uses should be held to the pedestrian and bollard style lighting and focused only the areas intended to be lit, if they are to be lit at all (see Chapter 9, Lighting DesignGuidelines). 6.The residential and open space interface may fall under the Fuel Modification Zone Use Plan, and will be subject to the recommendations set forth in Section 8.8 of this document. Alberhill Villages Specific Plan 163 8.6.5. Residential / Park Interface - Standards Screening and privacy as well as enhanced view opportunities are important considerations both from the park and the residences perspectives. In addition to the general standards in Section 8.3, minimum landscape standards for residential/park interfaces include thefollowing: 1.Landscaping against walls and fences should be evergreen including evergreen canopy trees framing views where appropriate for maximum impact on the visual aesthetic for theresident. 2.Use planting and berming to screen views where appropriate, such as parking areas. 3.Plantings used to screen any area of use should be well thought out so as to keep views open for safety officers to be able to drive by and monitor any activity. Plantings shall not completely screen or prevent public use of any pedestrian pathway at a residential/park interface), and views must be kept open for safety officers to be able to monitor anyactivity. 4.Lighting between residential and parks uses should be held to the pedestrian and bollard style lighting and focused only the areas intended to be lit. Enhanced and focused lighting is appropriate for community centers, restrooms, ball parks, and soccer fields. and will be considered on a case by case basis. 8.6.6. Residential / Village Center / Commercial Interface - Standards Screening, privacy, and noise attenuation are important considerations for the residences. In addition to the general standards in Section 8.3, minimum landscape standards for residential/village center/commercial interfaces include thefollowing: 1.A solid wall with a double row of evergreen trees (where possible) and shrubs along the residential edge of the streetscape areencouraged. 2.Landscaping against walls and tubular steel fences should be evergreen but remain low and unobtrusive. Use planting and berming to screen views where appropriate. 3.Plantings used to screen any area of use should be well thought out so as to keep views open for safety officers to be able to drive by and monitor any activity. Plantings shall not completely screen or prevent public use of any pedestrian pathway at a residential/village center interface), and views must be kept open for safety officers to be able to monitor anyactivity. 4.Pathway and safety lighting is to be considered and all lighting will have a shields and screens as to not reflect back into anyresidence. 5.Views into and out of the University Village, University Town Center, and the Alberhill Town Center should be enhanced and / or screened asappropriate. 6.Additional commercial signs and monumentation will also be in this space. Trees, Alberhill Villages Specific Plan 164 shrubs, and groundcovers should be planted as to not block or hinder the readability of any commercial or project identificationsignage. 8.6.7. Natural/Open Space Conditions/Street Edge Interface - Standards Preservation and reclamation of the natural environment is and is greatly desired and considered a key and unique amenity to the community. In addition to the general standards in Section 8.3, minimum landscape standards for natural area and open space conditions at street edge interfaces include thefollowing: 1.These special designated areas may contain either an underground or overhead utility easements. The guest developer shall call Dig Alert at 811 anytime and prior to installing any landscape item within theseareas. 2.Underground Utilities – Guest builders and developers shall consult the local or regional agency responsible for the underground or open utility for landscape installation recommendations prior to installation. 3.Overhead Utility - Transmission lines and power lines may exist in areas where excavations may take place, therefore, the guest builders and developers will be responsible to verify with the local utility company, and the City, the current excavation and planting guidelines prior to any excavation. 8.6.8.Street Edge / Open Space Interface - Standards Views from an arterial highway or collector street within the site and borrowed views from the region at large should be enhanced and highlighted whenever possible to enhance the visual desirability and character of the vehicular experience within the community. In addition to the general standards in Section 8.3, minimum standards for natural area and open space conditions at street edge interfaces include the following: 1.Locate fences sparingly and only when necessary. Street lighting and pedestrian scaled pole and bollard lighting should be placed as to not detract from the overall experience of this transportation corridor and used sparingly and only when necessary. 2.Park and paseo edges against a street edge may be screened through the use of berming or enhanced landscaping, depending on the desiredeffect. 3.Landscaping should enhance the open space and should identify it separately from the street edge as a unique use area. The guest developer may not plant as to completely screen any area of use from the public and must keep views open for safety officers to be able to monitor anyactivity. 8.6.9. Street Edge / Commercial Standards Interface - Standards Commercial edges should be integral and visible from a street edge. In addition to the general standards in Section 8.3, minimum landscape standards for natural area and open space conditions at street edge interfaces include thefollowing: Alberhill Villages Specific Plan 165 1.Sight lines should be considered when placing trees along a street edge. If the commercial use adjacent to a street edge is the side, back, or delivery entrance or the view into the site is undesirable, then a solid wall with a double row of evergreen trees and evergreen screening shrubs should be considered. 2.Plantings used to screen any area of use should be well thought out so as to keep views open for safety officers to be able to drive by and monitor any activity. Plantings shall not completely screen or prevent public use of any pedestrian pathway at a residential/park interface), and views must be kept open for safety officers to be able to monitor anyactivity. 8.6.10.Street Edge / Residential Interface - Standards Screening, privacy, and noise attenuation are important considerations for the residences. In addition to the general standards in Section 8.3, minimum landscape standards for street edge/residential interfaces shallinclude: 1.A solid wall with a double row of evergreen trees and evergreen shrubs along a street edge should be considered at this particularinterface. 2.Where views are desirable, a tubular steel fence and low growing groundcovers would be recommended. Use planting and elevated lands forms to screen or enhance views where appropriate. 8.6.11.Park / School or Park / Places of Religious Assembly Interface - Standards A strong and aesthetically pleasing visual connection should always try to be achieved along the landscaped edge of any park / places of religious assembly and school. In addition to the general standards in Section 8.3, minimum landscape standards for street edge/residential interfaces shallinclude: 1.Where conditions require shared access from the school to the park, then a direct physical connection and accessible access will be made between the park / places of religious assembly and school. This landscaped buffer may include, but will not be limited to, berms, turf, open fields, evergreen and deciduous trees, flowering shrubs and groundcovers. 2.Security and safety fencing will be required to separate uses and allow for public safety. 3.Security and safety lighting will be required at this interface. All lighting shall comply with the lighting standards set forth in the Alberhill Villages Specific Plan (see Chapter 9, Lighting Design Guidelines). 8.6.12.Detention Basin Standards Minimum landscape standards for detention basins shallinclude: 1.Detention basins within the community should be surrounded with tubular steel or Alberhill Villages Specific Plan 166 other secured view fencing. This fence style shall be the typical, standard fencing type required on all sides of the detention basin between the local collector and the detention basin edge if the grading and conditions require a fence. 2.Perimeter landscaping should include heavy screening with large evergreen canopy trees and a hierarchy of masses, large, medium, and smallershrubs. 3.All lighting shall comply with the lighting standards set forth in the Alberhill Villages Specific Plan (see Chapter 9, Lighting DesignGuidelines). 8.6.13.Bio-Swale - Standards Not every streetscape landscape requires a bio-swale but there may be conditions where a surface drainage bio-swale may be required. The bio-swale is a naturally landscaped surface water flow filter that will serve as part of the overall water quality management plan. Minimum landscape standards for bio-swales shallinclude: 1.The bio-swale shall consist of a naturalized landscaped edge behind the meandering sidewalk and shall drain at a 1% or greater slope. 2.The bio-swale shall have a rock or stone edge and shall include naturalized or native plant material. 8.6.14.Trail Edge - Standards Provide a minimum amount of enhanced or supplemental landscaping and hardscape at trail heads or on a trail. Should a trail system require additional grading to mitigate erosion or other similar issue to provide safe access, it is important to minimize grading while allowing the natural topography and native flora to prevail wherever possible. Minimum landscape standards for detention basins shall include: 1.All planting shall be native or naturalized to the general region. All plant material should be drought tolerant and require little supplemental irrigation beyond natural rainfall patterns for the area. 2.Any material used at a trail head or along a trail system should be natural and understated. Natural stones, timber, “timbercrete” cast stone, and decomposed granite are encouraged. 3.A trail head and trail may reflect architectural features noted adjacent to a trail so as to blend with the intent and theme for that section oftrail. 4.At residential/open space interfaces, maintain views of the trail edges by framing views from residences across or into a trail system. Trails crossing open spaces shall be unobtrusive and shall not visually interfere with the overall aesthetic of the open space. 5.At trail heads, enhanced planting including larger trees and shrubs should be planted at all trail heads to highlight the entrances to all trail systems. Enhanced paving, seating, and interpretive kiosks are encouraged at trail heads. Alberhill Villages Specific Plan 167 6.At trail crossings, if two or more trail systems cross one another, clear and easily read directional signage shall be placed at the intersection as to the direction of each trail. Enhanced landscaping at these trail intersections may also help with trail identification and direction. 7.At transit stops, where a trail intersects with a transit feature, (i.e., bus stop), then clear directional signage and easy accessibility between the trail intersection and the amenity is encouraged. Enhanced planting and hardscape, including removable bollards as required, is encouraged to distinguish the transit stop as a separate amenity from the trailsystem. 8.At trail rest stops, and random trail rest stops are encouraged along a trail system. These may include, but not be limited to, resting boulders at seating height with shade, wood, brick, or metal view benches, or half cut lodge pole timber informal bench seating. Trail rest stops should be unobtrusive and restrained from the overall trail path and not to impede upon the design intent of the trail. 9.At observation points, enhancement of certain view sheds or opportunities unique to a particular trail system are encouraged and desired as a visual amenity. Observation Points may be similar to trail rest stops, however, enhanced planting, permanent seating and shade, and possible drinking water and trash receptacle amenities areencouraged. 10.Materials used for all hardscape elements should be natural such as clay brick, stone, timber, and decomposed granite pathways. Enhanced native plant materials are encouraged to highlight, frame, or feature the amenity to which the observation point was planned. 8.7. COMMUNITY WALLS & FENCES 8.7.1 Community Walls & Fences – Guidelines Community walls and fences will be located around the perimeter boundaries of each Village area where it interfaces with natural open space, roads, parks, schools, commercial and other multi-use planned areas. The walls and fences throughout the community are major visual elements which are designed to complement the overall character of the project. General guidelines area as follows: 1.Solid walls will be used when a visual screen or physical barrier isdesired. 2.Ranch rail fencing, vinyl rail fencing and other non-visually obstructing fencing types will be used where separation of uses is desired for safety and lifestyle reasons and visual aesthetics exists that enhance the character of the community. 3.Native, naturalized, and drought tolerant plant materials and the use of elevated land forms and boulders may be used as barriers, but also that encourage the connectivity of the natural open space with thecommunity. Alberhill Villages Specific Plan 168 4.Wall and fence types should be developed to provide the following characteristics: Sound attenuation, privacy, containment and definition, view preservation and enhancement. 5.The use of high quality, low maintenance materials isrecommended. 8.7.2 Community Wall & Fence – General Standards 1.As appropriate, block, brick, concrete, and where appropriate vinyl walls, shall be covered by a shrub or vine type plant material on full height walls as a graffiti deterrent. 2.Decorative entry walls, minor walls, pilasters, and fence types may include the following acceptable materials: brick, stone, decorative tubular steel, concrete ranch-rail, precast concrete, brick, or stone cap, split face concrete masonry block, and vinyl. 3.Walls and pilasters may be split face masonry unit block, stone and brick, pre- cast or poured in place concrete with a precast concrete or stonecap. 4.The use of clay brick is recommended to be the predominant material used on walls and pilasters in order to present a harmonious and unified community element of historical local. 5.Walls and fences should be 5’ high minimum, 6’ high maximum from the property owners’ side of the fence. Ranch rail (both concrete and vinyl) fencing may be as low as 3’ high depending on slope and siteconditions. 8.7.3 View Fence - Standards 1.View fencing should be used where significant views are not to be obstructed, and may be constructed of vinyl, clear acrylic, tempered glass, tubular steel, or wrought iron where deemed appropriate. Wrought iron is not recommended due to perennial costly maintenance needs. 2.Clay brick columns and pilasters, are encouraged to be a major visual element of the view fence in order to promote character identity of the developed area. If the site conditions dictate that a portion of these walls are to be retaining, then the base portion of the wall may be concrete, block, stone, concrete masonry unit or masonry unit with brick veneer. As with solid walls all materials, textures, and colors shall be compatible with the architecture and character of the developed area therein. 8.7.4 Single-Family Yard Fence - Standards Refer to Figure 8.3 TYPICAL WALL AND FENCE PROGRAM for a depiction of the typical single-family residential fence and gate program. The following are minimum single-family residential fence and gatestandards: 1.Side yard fences and gates facing a street shall be comprised of same materials as Alberhill Villages Specific Plan 169 noted above. This would include using wood fencing or vinyl fencing on non-street facing side yard conditions. Although wood fencing is a minimal option, it is not recommended due to ongoing homeowner and HOA maintenance costs and anticipated deterioration due to the hot, dry weather conditions of the area. 2.All fencing should have a minimum height of 5 feet and a maximum height of6 feet. 3.Street facing gates and side yard fences shall be solid for privacy and sound attenuation. All side yard fencing heights shall comply with the City of Lake Elsinore requirements. 4.Where residentially zoned property lines abut property designated for commercial, non-residential, or industrial zoned districts, or where residential properties are located within mixed-use areas, there shall be a 6’ high masonry block wall, or other solid material wall within the development in order to provide a landscape buffer between the development and residential use. Trees shall be located within this planter for screening and shall be native evergreen. 8.7.5 Pilasters – Standards 1.Pilasters and columns shall be of similar materials as the concrete masonry unit walls adjacent to these elements, and shall feature clay brick as the predominant visual material. 2.Pilasters used at entry monuments (see Section 8.4) may be of differing materials. 8.7.6 Materials Not Used 1. Chain-link fencing (with or without vinyl mesh weaving), exposed precision masonry block, wood fencing in public view areas, razor wire fencing, lattice fencing, and similar types of fencing are not permitted. The only exception for chain-link fencing would be at sport field conditions, such as a baseball backstop, and at the perimeter or trail edgecondition. Alberhill Villages Specific Plan 170 Figure 8-3 Typical Wall and Fence Program Alberhill Villages Specific Plan 171 8.8. SLOPE MANAGEMENT & FUEL MODIFICATION 8.8.1 Slopes – Guidelines It is the intent of the slopes management program to reduce the visual and biological impact of the grading operations adjacent to undisturbed open space, resulting in a blending of the re- vegetated slopes with surrounding undisturbed terrain. In order to accomplish the successful re- vegetation of slopes, the following guidelines shall apply: 1.The planting concept for the slopes is informal, with curved masses of colorful native or naturalized shrubs and groundcovers. 2.Soil testing and preparation, the specific timing of planting, a well-designed and monitored irrigation system, and an ongoing weed eradicationprogram. 3.Erosion control through the employment of Best Management Practices (BMPs). 4.Utilization of low-maintenance, drought-tolerant plantmaterial. 5.Preservation of existing landscape material, when possible. 6.Minimize grading wherever possible utilizing the existing topography and terrain into the design of the project. All slope areas shall be planted in coordination with the City of Lake Elsinore Fire Department and all approving agencies. 8.8.2 Slopes – Standards 1.A mixture of native or naturalized evergreen and deciduous trees should also be planted in groups or masses in a random pattern. 2.Slopes less than 3:1 shall receive 3-inch-deep organic mulch under all planting. 3.All manufactured slopes shall receive 100 percent irrigation coverage or 100 percent point to point irrigation depending on the planting design. The irrigation mainline shall be buried at tops and bottoms of slopes and at mid- slope whenever possible. All laterals at top and bottom of slopes shall be buried and at mid-slope whenever possible. 4.Valves and all irrigation equipment shall be placed flat on slope benches and buried whenever possible. 5.Landscaping consistent with the adjacent existing vegetation shall be provided to screen the down-slope side of buildings. Where the understory of a structure is exposed, it shall be screened from view with the use of landscape elements, if not screenedarchitecturally. 6.Drainage structures shall be appropriatelyscreened. Alberhill Villages Specific Plan 172 7.Slopes adjacent to natural open space shall be planted with indigenous grasses and California native species. 8.Trees should screen approximately 20 percent of the rear elevation of homes at maturity. The trees shall incorporate “windows” to view corridors where appropriate. 9.Retaining walls and perimeter walls exposed to public views shall be landscaped where appropriate while maintaining the overall theme of the community. 10.Selection of plant material shall be subject to adaptability to prevailing wind and soil conditions and maintenance considerations. 8.8.3 Fuel Modification - Standards The intent of the fuel management program is to minimize opportunities for brush fires, particularly near development, while considering all biological constraints. The following minimum fuel modification standardsapply: 1.A fuel modification plan shall be developed in accordance with the requirements of the County of Riverside Fire Department and the City of Lake Elsinore Fire Department. The fuel modification plan may be developed at the Subdivision Map approval stage. 8.9. BIKEWAY SYSTEM A primary and secondary bicycle trail system is to be incorporated into the transportation fabric of the Alberhill Villages community, which will provide connectivity to the Lake Elsinore Downtown Core as part of the larger master plan for the City of Lake Elsinore. A primary bicycle trail is defined as a paved, accessible, multi-use path providing non-vehicular transportation corridors connecting each neighborhoods, University, schools, and villages to one another throughout the community. Primary bikeways are divided into three classes: Class I, Class II, and Class IV. A Class I Bikeway path has its own, completely separate right-of-way for the exclusive use of bicycles only. A Class II Bikeway provides a restricted right-of-way for the exclusive or semi-exclusive use of bicycles with the permitting of vehicle parking and vehicle/pedestrian cross flows. A Class IV Bikeway is a bikeway for the exclusive use of bicycles and includes a required separation between the bikeway and the through vehicular traffic. Lake Street and Nichols Road are listed as Class II Bikeways in the City General Plan. 8.9.1 Bikeway Standards 1.A Class I bikeway is a completely separated right-of-way for the exclusive use of bicycles. The right-of-way for Class I Bikeways may be substantial, and separated from roadways by landscaped strips or other barriers. There are no specific Class I bikeways designated in the AVSP, however, individual implementing development proposals will have the opportunity to Alberhill Villages Specific Plan 173 incorporate Class I bikeways into their design, where appropriate. Class I bikeways shall be paved and be a minimum 8 feet in width to allow two-way bicycle traffic. 2.A Class II bike trail is a separate painted lane within the roadway adjacent to the curb of a vehicular road way, and shall be paved and be a minimum 6 feet wide. Class II bikeways in the Alberhill Villages project are proposed to be located: a.Lincoln Street – Between Nichols Road and the southerly project boundary; b.Street “A” – Between Temescal Canyon Road to LakeStreet; c.Nichols Road – Temescal Canyon Road to LakeStreet; d.Nichols Road – West end extension of existing NicholsRoad. 3.Secondary bicycle paths are also connective corridors, but are defined as secondary as they service, and are located throughout the local residential community within each Village, ultimately connecting to the primary bicycle trail system for total connectivity to the community at large. Secondary bike trails are also paved and are 4 feet wide minimum. These may be either Class II or Class III bikeways. Class III bikeways provide a right-of-way designated by signs or permanent markings and are shared with pedestrians or vehicles. 4.A Class IV Bikeway (separated bikeway) is a bikeway for the exclusive use of bicycles and includes a required separation between the bikeway and the through vehicular traffic. The separation may include, but is not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. Separated bikeways typically operate as one-way bikeway facilities in the same direction as vehicular traffic on the same side of the roadway. However, two-way separated bikeways can also be used, usually in lower speed (35 miles per hour or less) environments. 8.10. MULTI-USE TRAIL SYSTEM Providing easily-accessible and maintained multi-use trails will stimulate pedestrian and multi- use connectivity within the community. The multi-use road and trails epitomize the traditional ranch character of the community and should tie into the master trail system for the City of Lake Elsinore. 8.10.1.Multi-Use Trail System Standards: When developing a multi-use trail, the following standards are to befollowed: 1.Trail shall remain accessible, unblocked, andcontinuous. 2.Where a trail and a driveway or sidewalk interface, the lift separating the trail and the sidewalk and/ or driveway shall never exceed ½”. 3.Landscaping shall not encroach into the trail to provide clear and unhindered passage for user. Landscaping shall remain clear up to a height of 8’ above the trail. 4.Trail material shall consist of native soil, decomposed granite, or other approved Alberhill Villages Specific Plan 174 similar material. Trail shall be graded smooth and maintained at 90% compaction. Compaction of trail should occur upon development and on a routine basis, to maintain 90% compaction. 5.Lighting shall adhere to the overall theme and intent for the Alberhill Villages and shall meet all City of Lake Elsinore lighting requirements for equestrian trails. 6.Trail signage shall be similar to bike trail signage. Trail signs will be clearly marked at all roadways per local development codes for the City of Lake Elsinore. 7.Motorized vehicles shall be prohibited from the multi-use trail except authorized maintenance, utility, law enforcement and emergencyvehicles. 8.When a trail crosses a vehicular corridor, then a small swing gate with a spring loaded button shall be installed to protect both the vehicle and the user. 9.Privacy is desired along trail landscape interfaces with residential and commercial use. The developer may consider: a. Sloped Buffer - Where appropriate, a sloped buffer may be installed, from the rear property fence line down to the trail, thereby reducing the height of line of sight of the user. b. Denser and Taller Vegetation – Where appropriate, in landscape easements between a rear property fence line and a trail, denser and taller vegetation may be installed to reduce the visual sight a user may have into private property. c.Disclosure – It is recommended that developers disclose to potential homeowners the proximity of their property to any multi-use trail and the specific use of this trail. 8.11. PARKS & OPEN SPACE Landscaping in the parks and open space area shall be consistent with the theme of AVSP and adhere to the City landscape criteria and ordinances at the time of each respective development dedication so that the landscaping supports the respective use of the parks and open space facilities shown on Figure 4.6. 8.11.1 Private Pocket Parks Private Pocket Parks will range in size providing localized opportunities for outdoor recreation within each village or planning area. At a minimum, private pocket parks should incorporate the followingguidelines: 1.Private Pocket Parks may be located either on the perimeter, interior, or at the entry to each village. 2.Private Pocket Parks may be as simple as multi-use lawn and some shade trees to more structured amenities such as community pools or play areas and multi-use open fields. 3.All Private Pocket Parks should feature a central point of interest and will most likely bisect or be a focal node for various trail systems found throughout the Alberhill Villages Specific Plan 175 community. In the case of bisecting trails, clear directional information including enhanced planting and hardscape should highlight the trail intersection and path of travel for eachtrail. 4.Private Pocket Parks should consider and include where appropriate, the following uses, facilities andfunctions: Play Areas for 0-12 year age groups. Multi-use Open Fields Individual picnic table and charcoal barbecues. Group picnic and barbecue areas at each event area. Park benches and trash receptacles throughout. Meandering trails and view benches. Individual and Group Shade Structures Park benches and trash urns throughout. Swimming pool and related facilities Seating Areas Automobile parking area. Bicycle parking area. Drinking Fountains Optional Dog Walking Designated Areas. Dog walking maintenance “bag” service devices. Restrooms 8.11.2 City Regional Sports Park Any planned City Regional Sports Park should reflect the overall theme consistent to their respective Village or adjacent neighborhoods. At a minimum, City Regional Sports Parks should incorporate the followingguidelines: 1.Features such as the restrooms, shade structure, play areas, sports fields and courts with benches and view seating should also reflect the overall theme for the park and Village at large with appropriate material use such as brick, and stucco. 2.Large, specimen canopy trees are recommended for immediate shade, visual impact, and perception of permanence to the park landscape (refer to Section 8.6 (Landscape Interfaces) for additional information and edge treatment at the active park areas. 3.City Regional Sports Parks may include areas of mainly active uses but may include areas of passive use. Uses may include the following: a. Age tiered tot lots. b. Outdoor full- and half-court basketball. c. Baseball fields. d. Soccer fields. e. Football fields. f. Swimming pool with cabana and shadedseating. g. Volleyball courts h. Skateboard facility i. Multi-use open fields. Alberhill Villages Specific Plan 176 j. Meandering trails and view benches. k. Trash dumpster enclosures throughout the site accessible from the roadways and dog walking “bag” dispensaries. l. Individual picnic tables with charcoal barbecuesthroughout. m. Group picnic and barbecue areas at each event area. n. Park benches and trash receptacles throughout. o. Seating areas p. Automobile parking areas. q. Bicycle parking areas. r. Lighting at sports courts and fields. 8.11.3 Public Community Park A Community Park serves the recreational needs of the overall community. The hardscape, architecture, and planting should reflect the clay brick and oak tree theme consistent to Alberhill Villages. At a minimum, Public Community Park should incorporate the following guidelines: 1.Features such as the restrooms, shade structure with picnic seating, and community gardens, should reflect the overall theme for the park and Village at large. 2.Large, specimen canopy trees are recommended for immediate shade and visual impact and permanence to the park landscape. 3.Developer shall encourage the City of Lake Elsinore and LEUSD to create joint use facilities for sports fields. 4.Community Parks should consider, the following active and passive uses: a. Clubhouse with meeting rooms, offices, kitchen,restrooms. b. Swimming pool with cabana and shadedseating. c. Age tiered tot lots. d. Full-size soccer fields. e. Football field. f. Skateboard facility g. Multi-use area with meandering trails and viewbenches. h. Meandering trails and view benches. i. Pedestrian trails and park site walkways. j. Trash dumpster enclosures throughout the site accessible from roadways and dog walking “bag” dispensaries. k. Individual picnic table and barbecue areas at each event area. l. Park benches and trash receptacles throughout. m.Seating areas n. Automobile parking area. o. Restrooms Alberhill Villages Specific Plan 177 8.12. THEMED SITE MATERIALS, FINISHES, STREET FURNITURE In order to communicate a consistent theme throughout the Alberhill Villages community, several hardscape elements, fixtures and street furniture need to be pre-selected. In some cases, a specific product (model, color, finish) will be selected; in other cases, the implementing builders may select from several options. Where product specifications are not provided, an implementing builder should select hardscape and fixtures that carry similar themes as those itemspresented. Alberhill Villages Specific Plan 178 Figure 8-4 Conceptual Wall & Fence Detail Alberhill Villages Specific Plan 179 Figure 8-5 Conceptual Wall & Fence Detail Alberhill Villages Specific Plan 180 Figure 8-6 Conceptual Wall & Fence Detail Alberhill Villages Specific Plan 181 Figure 8-7 Conceptual Wall & Fence Detail Alberhill Villages Specific Plan 182 Figure 8-8 Conceptual Wall & Fence Detail Alberhill Villages Specific Plan 183 Figure 8-9 Conceptual Wall & Fence Detail Alberhill Villages Specific Plan 184 Figure 8-10 Conceptual Monumentation Signage Alberhill Villages Specific Plan 185 Figure 8-11 Conceptual Monumentation Signage Alberhill Villages Specific Plan 186 Figure 8-12 Conceptual Monumentation Signage Alberhill Villages Specific Plan 187 Figure 8-13 Conceptual Monumentation Signage Alberhill Villages Specific Plan 188 Figure 8-14 Trail Monumentation Alberhill Villages Specific Plan 189 Figure 8-15 Trail Monumentation Alberhill Villages Specific Plan 190 Chapter 9.LIGHTING DESIGN GUIDELINES 9.1. INTRODUCTION All lighting for Alberhill Villages will be designed with a ‘Dark Sky’ approach. This means that where and when lighting is required all lighting shall have uniform lighting standards with regard to hierarchy, style, materials, and colors in order to ensure consistent design and shall be directed or focused downward whenever possible and not into the general night sky. All public street lighting should comply with City of Lake Elsinore standards where applicable. Lighting proposed within the commercial, residential, park and recreational and street areas shall conform to a uniform set of criteria established for the Alberhill Villages community. Each village may develop its own lighting standards, provided that the selected lighting fixture style is used consistently throughout the village and is complementary to the style selected for Alberhill Villages community as a whole. Lighting fixtures shall be well integrated into the visual environment and the appropriate architectural theme. 9.2. LIGHTING DESIGN GUIDELINES All of ALBERHILL VILLAGES shall be subject to and shall comply with the California Title 24 - Energy Efficiency Standards for Residential and Non-Residential Buildings in effect at the time buildings are constructed. Guest developers are expected to understand the noted ordinances and follow all permit application procedures to obtain the proper permits prior toinstallation. The following guidelines shall be followed in order to ensure appropriate design, placement, and application of lighting to be achieved: 1.Lights shall be durable, easy to maintain and be designed so as to be made from unbreakable plastic if possible, and may be recessed or otherwise designed to reduce the problems associated with damage and replacement of fixtures. Fixtures shall be vandal-resistant. 2.All exterior lighting designs shall address the issue of security. Parking lots, pedestrian walkways, and building entrances shall be well lit for securityreasons. 3.No freestanding lighting fixtures shall exceed the maximum height established by the City of Lake Elsinore. All pole lighting heights and light spread shall comply with the City of Lake Elsinore’s lightingrequirements. Contents 9.1 Introduction 9.2 Lighting Design Guidelines 9.3 Light Fixture Examples Alberhill Villages Specific Plan 191 4.Any service area lighting shall be contained within the service yard boundaries and enclosure walls. 5.The lighting concept of the entry monumentation features is to illuminate the sign graphics and gently wash the site elements, walls, and pilasters with light. Concealed uplight fixtures should illuminate trees and other site features. Refer to Monumentation section of the guidelines for additionalinformation. 6.The type and location of lighting should minimize direct glare onto adjoining properties. Lighting should be shielded to confine all rays within theproperty. 7.Light fixtures upon buildings shall complement the architectural design of the building. Lighting should be designed to satisfy function, as well as contribute to overall design quality. 8.In order to prevent light spill-over, lighting and illuminated signs shall be located to confine illumination to the premises. 9.All electrical meter pedestals and light switch / control equipment shall be located with minimum public visibility, if possible, or shall be screened with appropriate plant materials 10.The level of on-site lighting as well as lighting fixtures shall comply with any and all applicable requirements and policies of the City of Lake Elsinore. Energy conservation, safety and security should be emphasized when designing any light system. 11.Industrial type utility type lights are notpermitted. 12.Future facility signs should be used to identify and provide arrow direction to residential subdivisions and other development areas. 9.3. LIGHT FIXTURE EXAMPLES Light Fixture Family The following decorative street light family of fixtures may be used along all framework streets and neighborhood streets. All lighting elements listed below can be ‘mixed and matched’; however, the design intent is to implement a consistent design throughout the project. All fixture heads can either be pole mounted, wall mounted, twin head fixture, or pendant mount depending upon site conditions. The following are acceptable styles of lightfixtures: Alberhill Villages Specific Plan 192 Alberhill Villages Specific Plan 193 Chapter 10.SIGNAGE REGULATIONS 10.1. PURPOSE Special signage guidelines and standards are necessary for the regulation of all matters concerning signs, advertising structures, and advertising devices within the Alberhill Villages Specific Plan project, including, but not limited to the location, type, size, height, design, quantity, content, and illumination. Effective signage will contribute to the unique feel and the pedestrian scale of the development. These guidelines and standards, when combined with the architectural, site, and landscape guidelines and standards, will help create a “sense of place” in the Alberhill Villages community. The purposes of these regulations are to: 1.Maintain and enhance the physical appearance and economic value of the Alberhill Villages community; 2.Direct and inform persons as to the location and nature ofactivities. 3.Provide guidance for design of advertising displays, structures and devices which will harmonize with their surroundings, avoid confusion, and result in signage which is architecturally compatible with adjacent buildings orstructures. 4.Reduce the potential for distraction of or hazard to motorists orpedestrians; 5.Reduce the potential for creation of visual nuisances; and 6.Establish guidelines and standards for the City of Lake Elsinore in the review of temporary and/or permanent sign approval andpermitting. Contents 10.1 Purpose 10.2 General Sign Guidelines 10.3 Sign Regulations – General 10.4 Special Signs - General 10.5 Temporary Real Estate Signs and Political Campaign Signs 10.6 Directional and Kiosk Signs 10.7 Construction Signs 10.8 Flags, Banners, Pennants, Balloons, Window and Interior Signs. 10.9 Residential Signs - General 10.10Commercial and Professional Office Signs Alberhill Villages Specific Plan 194 10.2. GENERAL SIGN GUIDELINES 10.2.1 Appropriate 1.Generally, small low key signage program for tenantspaces; 2.Encourage the use of graphics and less text to create more pedestrian oriented signs; 3.Building mounted signs for project identity; 4.Eye level signs; window and door signs, including pedestrian oriented projecting signs over storefronts and boardwalks; 5.Signs consistent with building texture, color and architecturalstyle; 6.Uniquely shaped signs that are related to the product or service provided (e.g. barber poll); 7.Signs which have illumination sources consistent with Mount Palomar lighting standards and restrictions; 8.Acceptable sign types include wall mount individual letters, which may have interior illumination; 9.Freestanding monument signs shall be low profile and incorporate ALBERHILL VILLAGES entry monument type features and landscaping; 10.Any outdoor advertising structure shall contain thereon only such matter or advertising which refers to goods or services produced, sold, or displayed on the premises upon which such sign or structure is located, excepting off-site real estate signs as provided in Section 10.5. 10.2.2 Inappropriate / Prohibited 1.Typical “can” or “box” signs with entire face areas in plastic.; 2.Individual plastic channel letters; 3.Roof Signs. Signs projecting above the roof-line of a building or structure, except in the case of a sign incorporated as an integral part of the design and construction of a building and approved by designreview; 4.Signs which interfere with or conflict with any traffic control device, create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic or interfere with or conflict with efficient operations of emergencyvehicles; 5.Emergency Access. Signs which prevent free access to or from any fire escape, door, window or exit, or access to anystandpipe; Alberhill Villages Specific Plan 195 6.Temporary or Semi-Permanent Signs. It is expressly prohibited to erect temporary or semi-permanent signs such as paper paste-up, painted, portable poster board, and mobile types when such signs are located outside of buildings, on exterior walls, and/or on window surfaces, unless a temporary sign permit has first been issued; 7.Billboards. Billboards, non-appurtenant or other off-site, outdoor advertising structures, except temporary real estate directional or kiosk signs as provided for in Section 10.5; 8.Detached Signs. All detached signs shall be located within a landscape planter, as approved by design review. The base of any detached sign shall be constructed of masonry, wood or other suitable building material, and shall have clay brick accents; 9.Inflatable Signs. Inflatable signs are notallowed; 10. Vehicle Signs. No person shall park, or cause to be parked, any vehicle on any public or private property right-of-way for the sole purpose of commercial advertising. A sign or signs on vehicles used in conjunction with a business and the use of that vehicle will be allowed, subject to the followingprovisions: a. A vehicle sign is a sign permanently or temporarily attached to, or permanently painted on a vehicle that is used in conjunction with the business that it identifies or advertises. b. The vehicle must be used as a part of the business to which the advertising in the vehicle pertains (i.e., regular use for delivery of business products or obtaining supplies. c.No vehicle sign shall be attached in such a manner as to render a door, window, hood, trunk, or tailgate or a vehicle unmovable or unusable or to violate the California VehicleCode. d. No vehicle sign shall have an arrow pointing towards the business that it identifies or advertises. 11.Distraction to Motor Vehicle Operators. No sign shall in any way endanger the health or safety of operators of motor vehicles on the streets and/or highways through the use of motion, sound, or other mechanical devices. Blinking, flashing, unusual lighting, or other means of animation which cause distraction to operators of motor vehicles shall not be permitted on or by any sign. Signs that revolve, rotate or orbit (except symbolic and common signs such as barber pole, and mortar and pestle, which are traditional in nature and size) shall not be permitted. Alberhill Villages Specific Plan 196 10.3. SIGN REGULATIONS – GENERAL 1.Sign Maintenance. All signs shall be maintained in a neat, attractive condition, and in adequate repair, as determined by the City Director of Community Development, or designee. 2.Lighted Signs Near Street Intersections. All lighting of signs or outdoor advertising located within 150 feet of any street intersection shall be of such color and design that there will be no confusion with public signs or signals regulating the flow of vehicular traffic. 3.Outdoor Advertising Structure Landscaping. All outdoor advertising structures hereafter erected in conformity with these regulations shall be landscaped, and such landscaping shall be maintained in a neat and orderly manner. 4.Advertising Structures Near Residential Uses. No outdoor advertising structure may be placed or located on any vacant lot or parcel of land lying between two residential buildings, structures, or uses where such structures or uses are less than 100 feet apart, nor may any such outdoor advertising structure be located within 50 feet of any residential use in the same blockfrontage. 5.Projections Over Right-of-Ways. All projecting signs shall be designed and constructed in accordance with the followingrequirements: a. No sign shall extend over a public sidewalk or right-of-way, except: Signs attached under canopies or marquees, which shall not exceed dimensions of 12 inches high by 48 inches long, and shall clear the surface below by not less than 8 feet may be permitted through design review approval. Signs of historical significance which shall not exceed 16 square feet in area, and shall clear the surface below by not less than 8 feet may be permitted through design review approval. b. A sign(s) for which an encroachment permit or license has been granted by the City of Lake Elsinore pursuant to this section may encroach over a public right- or-way. c.Sign(s) affixed to the vertical face or valance of an awning or canopy for buildings in the Mixed-Use areas may be permitted through design review approval. 6.Special Signs. All special signs as permitted in Section 10.4 may bepermitted. 7.Statue Signs. Statues designed primarily for commercial-promotional activity shall be subject to design review and approval; 8.Wall Decorations. In the Mixed-use areas, where walls are decorated with scenic or artistic paintings or murals which do not in themselves either advertise a product, or tend to become a mere extension or enlargement of a sign or other Alberhill Villages Specific Plan 197 advertising materials, such as scenic, architectural, or artistic paintings or murals, shall be considered as a textural treatment of the wall surface and shall be subject to review and approval by the design reviewprocess. 10.4. SPECIAL SIGNS - GENERAL Subject to compliance with Section 10.3, the following special types of signs may be permitted subject to compliance with the limitations and conditions prescribed herein; provided further, that the area of any such sign(s) shall not be included in computing the total allowable sign area or number of signs permitted for any lot oruse. 1.Name signs or nameplates, which do not exceed 1 square foot in area and displaying only the name of the property or the premises upon which displayed or the owner or lessee thereof, or of the addressthereon. 2.Informational signs, provided such sign is not more than 5 square feet in area, bearing no advertising message and located wholly within the lot to which the sign is appurtenant. 3.Street address number, no trespassing, no parking, and other warning signs, provided such sign is located on the lot to which the sign is appurtenant and note exceeding 4 square feet in area; 1 non-illuminated nameplate not exceeding 2 square feet in area for each dwelling unit. 4.Memorial signs or tablets, including names of buildings and dates of erection, provided they are cut into the surface or the façade of the building or structure not more than 2 inches from the face of the building. 5.Public utility company signs, provided such sign indicates danger or serves as an aid to public safety, or shows the location of underground facilities or of public telephones. 6.Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are not visible from a public street, right-of-way, or parking lot. 7.Time and temperature devices, provided such sign is not higher than permitted detached signs, located on private property and bearing no advertising message. 8.Traffic or other Municipal Signs (sign required by law). Railroad crossing signs, legal notices, and such temporary emergency or non-advertising signs as may be authorized by the City. 9.Public Convenience Signs. Signs not exceeding 1 square foot in area, erected for the convenience of the public, such as signs identifying restrooms, walkways, and similar features orfacilities. 10.Community Activity Signs. Signs specifically approved by the City for the purpose of advertising or identifying special civic events or activities deemed to be of city- Alberhill Villages Specific Plan 198 wide significance and/or general publicinterest. 11.Temporary Real Estate Signs. Permitted in accordance with Section10.5. 12.Parkways. NO signs shall be posted at any time in median orparkway. 10.5. TEMPORARY REAL ESTATE SIGNS AND POLITICAL CAMPAIGN SIGNS Temporary signs, such as real estate signs and political signs shall comply with the provisions of the Lake Elsinore Municipal Code. 10.6. DIRECTIONAL AND KIOSK SIGNS Directional and Kiosk signs are part of a city-wide program for providing directional signs to new residential projects, while minimizing confusion among prospective purchasers who wish to inspect housing project, and promoting traffic safety and reducing visual blight from the proliferation of signs. The City regulations for Directional and Kiosk Signs are found in the Lake Elsinore Municipal Code, and are made a part of these sign regulations for the Alberhill Villages community. 10.7. CONSTRUCTION SIGNS Construction signs not exceeding 32 square feet may be maintained in any zone on an active construction site. A valid permit must be obtained prior to erection of the sign. Any such sign(s) shall be removed not later than three working days after the building department the project to be completed. 10.8. FLAGS, BANNERS, PENNANTS, BALLOONS, WINDOW AND INTERIOR SIGNS 1.Use. The use of flags, banners, pennants, balloons, and exterior window signs is prohibited except in connection with promotional sales sign programs of businesses which meet the requirements as described in thissection. 2.Time Limitations. Flags, banners, pennants, and exterior window signs will be permitted for a maximum of 8 weeks within eachquarter. 3.Size of Signs, Flags, or Banners. a. The maximum size of any banner, flag or pennant shall not exceed 120 square feet. Alberhill Villages Specific Plan 199 b. Interior and window signs shall not obscure more than 50 percent of the total window area of any window visible from a public street, right-of-way, or parking lot. 4.Maximum Number.Not more than 1 banner or pennant shall be displayed on each frontage on a public street, right-of-way, or parkinglot. 10.9. RESIDENTIAL SIGNS - GENERAL Except as provided in Section 10.5, no outdoor advertising sign shall be erected, installed, or maintained for the identification or advertising of any residential use except as permitted herein; provided, further, that the following additional provisionsapply; 1.All signs shall be stationary; 2.No signs, excepting nameplates, shall be directlylighted; 3.Roof signs shall be prohibited; 4.All signs shall be subject to review and approval by the design reviewboard. 10.10.1 Single-Family Residential Identification Signs. Two (2) single-faced or one (1) double-faced identification sign at the main point of entry to the development, containing only the name and street address of the development, not exceeding 24 square feet in area for each face, and not exceeding 4 feet in height. One (1) additional 24 square feet, 4-foot high single-faced identification sign shall be permitted along any other public street right-of-way upon which the property has frontage, providing such street frontage exceeds 330 feet. The setback of the particular zone shall apply. 10.10.2 Multiple-Family Residential In addition to signs permitted in Section 10.4, the following signs may be permitted: 1.Identification Signs. Two (2) single-faced or one (1) double-faced identification sign at the main point of entry to the development, containing only the name and street address of the development, not exceeding 24 square feet in area for each face, and not exceeding 4 feet in height. One (1) additional 24 square feet, 4-foot high single-faced identification sign shall be permitted along any other public street right-of-way upon which the property has frontage, providing such street frontage exceeds 330 feet. The setback of the particular zone shall apply. 2.For Sale, Lease, or Hire Signs. One unlighted sign not exceeding 12 square feet on area pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed. 3.Temporary Identification and Advertising Signs. One (1) on-site sign not exceeding 50 square feet in area. Such sign shall be permitted for a period of time not to Alberhill Villages Specific Plan 200 exceed 6 months and may be renewed for one additional six-month period. Such sign shall pertain only to the development on theproperty. 10.10.COMMERCIAL AND PROFESSIONAL OFFICE SIGNS 10.11.1 Commercial - Attached 1.Attached Signs. Attached signs as defined in this section, either lighted or unlighted, may be permitted or any building or structure in any commercial zone when used for any commercial use. 2.Allowable Sign Area. The maximum allowable area of any attached sign shall be based on a calculation of the linear dimension(s) of the building face(s) fronting on a public street, right-of-way, or parking lot, asfollows: a. Single-occupancy buildings. Allowable sign area shall not exceed one (1) square foot for each linear foot of building face. One (1) sign shall be permitted for each separate building frontage on a public street, right-of-way, or parking lot. In no case shall any such sign(s) exceed 120 square feet in area. b. Multiple-occupancy buildings. In the case of a multiple-occupancy commercial site having a common wall or walls, the allowable attached sign area for each tenant shall be one (1) square foot per foot of the tenant’s building face. One (1) sign shall be permitted for each street frontage of each separate occupancy. In no case shall any such sign(s) exceed 120 square feet in area. 10.11.2 Commercial - Detached Excepting as provided in Section 10.4, detached signs shall be permitted in the commercial zone, subject to the following limitations: 1.Allowable Number of Signs. Not more than one (1) detached identification sign shall be permitted for each lot frontage along a public street, except as permitted in subsection E of this section. 2.Allowable Height of Permitted Signs. a. Site of Five (5) Acres or Less. Detached signs shall not exceed 12 feet in height. b. Sites of More than Five (5) Acres. Detached signs shall not exceed 16 feet in height. c.Attachments to Permitted Signs. There shall be no attachment of other signs or panels to detached signs unless approved by the design review board. 3.Area of Permitted Signs. One hundred (100) squarefeet. Alberhill Villages Specific Plan 201 4.Sign Incentive. Where a multiple-occupancy building utilizes only a monument sign as a detached sign containing no more than 60 square feet in area and not exceeding 8 feet in overall sign height, a second monument sign, not to exceed 60 square feet in area and a maximum of 8 feet in height, may be permitted on the same street frontage, provided the monument signs are separated by a minimum of 100 feet. 5.Sign Setback. No detached sign, as permitted in this section, shall be located less than 15 feet from any property line separating a multi-occupancy commercial center from another property. 6.Internal Directory. One (1) internal directory sign containing a list of businesses located in a multiple-use center, not exceeding 6 feet in height and a maximum of 48 square feet in area, shall be permitted adjacent each main entry drive of a commercial center provided that such sign is not designed to be readily visible from a public street. 10.11.3 Professional Office – Attached 1.Attached Signs. Attached signs as defined in this section, either lighted or unlighted, may be permitted on any building or structure in a professional office zone when used for any professional office use. 2.Allowable Sign Area. The maximum allowable area of any attached sign shall be based on a calculation of the linear dimension(s) of the building face(s) fronting on a public street, right-of-way, or parking lot, asfollows: a. Single-occupancy buildings. Allowable sign area shall not exceed one (1) square foot for each linear foot of building face. A maximum of two (2) signs shall be permitted for each separate building frontage on a publicstreet. b. Multiple-occupancy buildings. In the case of a multiple-occupancy professional office site having a common wall or walls, the allowable attached sign area shall be one (1) square foot per foot of building face. In no case shall any such sign(s) exceed 60 square feet in area. 10.11.4 Professional Office – Detached Excepting as provided in Section 10.4, detached signs shall be permitted in all single and multiple-occupancy uses in all professional office zones provided hereinafter. subject to the following limitations: 1.Allowable Number of Signs. Not more than one (1) detached identification sign shall be permitted for each lot frontage along a publicstreet. 2.Allowable Height of Permitted Signs. Detached signs shall not exceed 8 feet in height and shall be constructed to be architecturally compatible with the adjacent building. 3.Attachments to Permitted Signs. There shall be no attachment of other signs or Alberhill Villages Specific Plan 202 panels to detached signs unless approved through the designreview process. 4.Area of Permitted Signs. Thirty-six (36) squarefeet. 5.Sign Setback. No detached sign, as permitted in Section 10.11.2, shall be located less than 15 feet from any property line separating one parcel from another parcel. 6.Internal Directory. One (1) internal directory sign containing a list of businesses located in a multiple-use center, not exceeding 5 feet in height and a maximum of 20 square feet in area, shall be permitted adjacent each main entry drive of a commercial center provided that the sign is located a minimum of 50 feet from a public street and further that the sign is not designed to be readily visible from a public street. Alberhill Villages Specific Plan 203 Chapter 11. DEFINITIONS Alberhill Park Fee –The “Alberhill Park Fee” as defined in and required by the Development Agreement. AVSP or Specific Plan – This Amended & Restated Alberhill Villages Specific Plan adopted by the City Council on February ____, 2017. Architectural Focal Point –A highly visible unique architectural feature that the community can identify with. City Regional Sports Park- A regional active sports park that serves the City’s desired “Sports Capital” theme to attract local, regional and national tournaments. The City Regional Sports Park is situated along Lake Street and across from the existing Alberhill Ranch Community Park and future schoolsite. Design Review – The process of City review and approval of site plans, floor plans, and elevation drawings identifying architectural details prior to the issuance of building permits based on Chapter 17.82 of the City of Lake Elsinore Zoning Ordinance with amendments as outlined in the specific plan. Development Agreement –The Development Agreement No. _____ dated __________entered into by and between the City of Lake Elsinore and Pacific Clay Products, Inc. regarding the Project, as approved by Ordinance ____ adopted by the City of Lake Elsinore on _________. Developer – Pacific Clay Products, Inc., its successors and assigns. Development Status Matrix – A table used to track the number of approved dwelling units, square footage of mixed-use development, and ADTs used and available for transfer at the Phased Development Plan and Design Review stages ofimplementation. District – A specifically delineated region of the specific plan consisting of two or more planning areas within which broad regulations and requirements are aimed at establishing a unified character. Edge Condition – The treatment of the interface between two different uses to reduce or minimize potential conflicts. Equivalent Dwelling Unit (EDU) – The amount of commercial or office space which is equivalent to one dwelling unit based on the traffic demand created by one single-family Contents Definitions Alberhill Villages Specific Plan 204 housing unit. Focal Point Event Area – A social gathering place such as a plaza, mini-park, town green, or amphitheater. Full Cut Off - A fully shielded light source where the bulb and/or glowing lenses are not visible above 90 degrees or a horizontal plane. Gross (acres) – The entire land area within the boundaries of a subarea orlot. Intensification Overlay – An area which may be developed at a lower intensity initially and then redeveloped with additional development at a later time consistent with land uses established in the specific plan based on changes in marketconditions. Interface – The location at which two different usesconverge. Land Use Category – An area of land within the specific plan identified for an intended use such as for residential, institutional, or mixed-usedevelopment. Land Use Plan –A conceptual plan created by analyzing and evaluating land use needs and circulation patterns and arranging land use categories, roads, and open space systems in a manner that forms a functional and livablecommunity. Land Use Structure Diagram – A diagram that identifies access points, regional trail linkages, open space linkages, development type/neighborhood form, and transitional edges for each subarea within a Phased Development Plan. Loading Area –A portion of a site developed to accommodate loading spaces and related aisles, access drives, and buffers. The loading area is intended to serve the temporary parking of loading vehicles while loading or unloading. Multi-Use Trail – A trail designed to accommodate a variety of recreational pursuits such as walking, running, bicycling, dog-walking, andsitting. Net (acres)– The total area within the boundaries of subarea or lot exclusive of slopes, public streets or other public dedications or easements which prevent the surface use of the property for a building site or construction of structures. Noticed public hearing – A public hearing noticed in accordance Lake Elsinore Municipal Code Section 17.192.020 and applicable state planning and zoning laws. Open Space – Land set aside for the use and enjoyment of residents and visitors of the AVSP area. This land may include parks, plazas / hardscaped areas, and/or re-created natural areas. Open Space Connection – A linear re-created naturalized area intended to accommodate for the movement of wildlife through or around the project site in a manner which allows for safe passage under roadways and provides for connectivity to MSHCP areas located off- site. Parking area – A portion of a site devoted to the temporary parking of motor vehicles including the actual parking spaces, aisles, access drives, and relatedlandscaping. Alberhill Villages Specific Plan 205 Par Course - Obstacles or stations distributed along the length of a path or trail to promote physical fitness training. Exercise equipment may consist of natural features including climbable rocks, trees, and river embankments, or manufactured products such as stepping posts, chin-up and climbing bars. Phase – A geographic region within the AVSP Area, as conceptually shown on Figure 5-3, for which one or more PDPs will be prepared once development for such area becomes imminent. Phased Development Plan (PDP) – A plan to implement a specific Phase of the specific plan, or a portion thereof. The document includes additional detail beyond what was provided in the Specific Plan. . Planning Area – An area of land which is a division of a District and is depicted in the specific plan and statistical summary. Preexisting mining operations - (1) any operation activity which is legally occurring in an area at the time the area is designated as part of the Alberhill Villages Specific Plan by the City, and (2) any legal structure existing in an area at the time the area is designated part of the Alberhill Villages Specific Plan by the City. Private Pocket-Park – A small park generally one acre or less in size mostly intended to serve the active and passive recreational needs of surrounding residents. Project – The Alberhill Villages project as more particularly described in Section 1.1 of this AVSP Public Community Park -A large park that serves the needs of the broader community and that is designed for providing active and structured recreation opportunities as well as accommodating passive recreational pursuits. Site Plan - A drawing of a property showing the property lines, any structures that currently exist on the land, proposed structure locations, ingress and egress, parking, landscape areas, signs, fences, walls, and preliminary gradinginformation. Special Permit – A permit issued by the City of Lake Elsinore for the purpose of transferring development outside of the Specific Plan area. Stage – A segment of development occurring within a Phase. Subarea – A portion of a Planning Area, normally with only one specific landuse. Town Green – An outdoor social gathering place approximately 1 acre in size which can accommodate community events, recreational sports, and other active or passive recreational pursuits. Traffic Calming Device (TCD) – A device or design that is intended to reduce automobile speed. Transfer of Development – The relocation of dwelling units and mixed-use square footage between districts, planning areas, and subareas within the specific plan using ADTs as the basis Alberhill Villages Specific Plan 206 for transfers and the relocation of units and equivalent dwelling units outside of the specific plan area to redevelopment areas in other parts of theCity. Under crossing – A tunnel underneath a busy roadway or freeway which permits the safe passage of pedestrians and/or wildlife. Use – The purpose for which land or a building is occupied, arranged, designed, or intended. Variance –A relaxation of the zoning requirements attached to a property due to a substantial unnecessary hardship that is unique to the property in question. Economic considerations shall not constitute the principal reason for the hardship. Any variance approved shall be the least deviation from the zoning requirements necessary to alleviate the hardship. Yield Plan –A plan which identifies the maximum development which can occur on a specific property given the constraints of existing zoning regulations including parking requirements, lot coverage, permitted density, height restrictions, andsetbacks. Zone – A specifically delineated area to which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings within that area. The AVSP identifies the zones to implement each land use category. The precise placement of these zones is to be defined in a Phased DevelopmentPlan. Alberhill Villages Specific Plan A-1 APPENDIX A Entitlement History Figure A-1 Pacific Clay Annexation Alberhill Villages Specific Plan B-1 APPENDIX B Sample Traffic Calming Devices Alberhill Villages Specific Plan B-2 Figure B-1 Roundabouts/Divided Roads Alberhill Villages Specific Plan B-3 Figure B-2 Traffic Circle, Extended Curbs Alberhill Villages Specific Plan B-4 Figure B-3 Mid-Block and Knuckle Planted Islands Alberhill Villages Specific Plan B-5 Figure B-4 Neighborhood Focal Points Alberhill Villages Specific Plan B-6 Figure B-5 Cul-de-sac Planted Islands Alberhill Villages Specific Plan C-1 APPENDIX C Sample Stormwater Management Techniques Alberhill Villages Specific Plan C-2 Figure C-1 Swales, Depressed Medians Alberhill Villages Specific Plan C-3 Figure C-2 Techniques for Cleaning Runoff – Large Areas Alberhill Villages Specific Plan C-4 Figure C-3 Techniques for Handling Detention in Parks and Schools Alberhill Villages Specific Plan C-5 Figure C-4 Parking Lot Bio-infiltration Alberhill Villages Specific Plan D-1 APPENDIX D Approval Documents APPENDIX D-1 RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALBERHILL VILLAGES SPECIFIC PLAN (SCH NO. 2012061046) -WITHOUT ATTACHMENTS APPENDIX D-2 ORDINANCE ADOPTING THE ALBERHILL VILLAGES SPECIFIC PLAN NO. 2010-02 AND ADOPTING ZONE CHANGE NO. 2012-02 APPENDIX D-3 RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 2012-01 APPENDIX D-4 ADOPTED MITIGATION MONITORING AND REPORTING PROGRAM APPENDIX D-5 RESOLUTION CERTIFYING THE EIR ADDENDUM APPENDIX D-6 ORDINANCE NO. ____________,ADOPTED FEBRUARY 28, 2017 AND EFFECTIVE MARCH 30, 2017,APPROVING THE AMENDED AND RESTATED AVSP APPENDIX D-7 ORDINANCE NO. ____________,ADOPTED FEBRUARY 28, 2017 AND EFFECTIVE MARCH 30, 2017,APPROVING THE DEVELOPMENT AGREEMENT @BCL@1805EDA7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: City Clerk (Space above for Recorder’s use) (Exempt from Recording Fees Per Govt Code §27383.) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELSINORE AND PACIFIC CLAY PRODUCTS, INC. REGARDING THE DEVELOPMENT KNOWN AS ALBERHILL VILLAGES February , 2017 @BCL@1805EDA7 i Table of Contents Page 1 GENERAL PROVISIONS .................................................................................................................3 1.1 The Project....................................................................................................................................3 1.2 The Property..................................................................................................................................3 1.3 Definitions.....................................................................................................................................3 1.4 Term of Agreement.......................................................................................................................6 1.5 Tentative Map Extensions.............................................................................................................6 1.6 Assignment and Assumption........................................................................................................6 1.7 Covenants Running With the Land...............................................................................................7 1.8 Successors in Interest....................................................................................................................7 1.9 Mortgages.....................................................................................................................................7 1.10 Estoppel Certificate.......................................................................................................................7 2 DEVELOPMENT OF THE PROPERTY ........................................................................................8 2.1 Vested Right..................................................................................................................................8 2.2 Agreement Does Not Authorize Development.............................................................................8 2.3 Phasing..........................................................................................................................................9 2.4 Permitted Uses and Development.................................................................................................9 2.5 Moratorium and Referendum........................................................................................................9 2.6 Fees...............................................................................................................................................9 3 PUBLIC FACILITIES AND IMPROVEMENTS .........................................................................13 3.1 Acquisition of Necessary Property Interests...............................................................................13 3.2 Financing Mechanisms for Public Facilities...............................................................................14 3.3 Participation in No. CFD 2015-1 and CFD No. 2015-2.............................................................15 4 IMPLEMENTATION OF PROJECT APPROVALS AND DEVELOPMENT .........................15 4.1 Implementation...........................................................................................................................15 4.2 Outside Consultants....................................................................................................................16 4.3 Other Governmental Agencies....................................................................................................16 4.4 Implementation of Conditions of Approval................................................................................16 5 PERIODIC REVIEW .......................................................................................................................16 6 DEFAULT AND REMEDIES FOR DEFAULT ............................................................................17 6.1 Default.........................................................................................................................................17 6.2 Remedies.....................................................................................................................................17 ii @BCL@1805EDA7 6.3 Specific Performance..................................................................................................................17 6.4 Cumulative Remedies.................................................................................................................18 6.5 Litigation Expenses.....................................................................................................................18 6.6 Venue..........................................................................................................................................18 7 AMENDMENT .................................................................................................................................18 7.1 Amendment by Agreement.........................................................................................................18 8 TERMINATION ...............................................................................................................................18 8.1 Termination Upon Voter Approval of Land Use Initiative.........................................................18 8.2 Termination Upon Completion of Development........................................................................18 8.3 Land Use Entitlements Following Termination..........................................................................19 8.4 Fees Following Termination.......................................................................................................19 9 GENERAL PROVISIONS ...............................................................................................................19 9.1 Notices........................................................................................................................................19 9.2 Third Party Claims......................................................................................................................20 9.3 Further Actions...........................................................................................................................20 9.4 No Joint Venture or Partnership or Third Party Beneficiary......................................................20 9.5 Recitals........................................................................................................................................21 9.6 Exhibits.......................................................................................................................................21 9.7 Applicable Law...........................................................................................................................21 9.8 Severability.................................................................................................................................21 9.9 Interpretation...............................................................................................................................21 9.10 Entire Agreement........................................................................................................................21 @BCL@1805EDA7 1 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELSINORE AND PACIFIC CLAY PRODUCTS, INC. REGARDING THE DEVELOPMENT KNOWN AS ALBERHILL VILLAGES This Development Agreement (“Agreement”) is made and entered into as of February 28, 2017, by and between the City of Lake Elsinore, a California general law city (“City”) and Pacific Clay Products, Inc., a Delaware corporation (“Owner”) pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (§65864, et seq.) of the Government Code relating to Development Agreements. City and Owner are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties.” RECITALS A.In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of Development and to reduce the waste of resources, the Legislature adopted the Development Agreement Statutes codified at §65864 et seq.of the California Government Code (the “Development Agreement Statutes”). B.This Development Agreement (“Agreement”) relates to the Development known as Alberhill Villages, a mixed-use residential Development which includes up to 8,024 residential units, 3,810,300 square feet of commercial, office and institutional uses, approximately 194 acres of natural or enhanced open space with multi-use trails, a 41.5-acre Recreational Lake and Lakeside Park, as well as a 45.9-acre City Regional Sports Park, and a 14.3-acre Public Community Park and other uses as more particularly set forth in the Amended and Restated AVSP, as hereinafter defined (the “Project”). C.Owner owns in fee approximately 1,375 acres of undeveloped real property located in the City of Lake Elsinore (“Property”), more particularly described in Exhibit A attached hereto, and desires to locate the Project on the Property. D.The City has adopted procedures and requirements for the consideration of Development agreements which are set forth in Chapter 19.12 of the Lake Elsinore Municipal Code (“City Code”). The City and Owner have taken all actions and have fulfilled all requirements mandated by Chapter 19.12 of the City Code and the Development Agreement Statutes. E.On June 14, 2016, after public hearings and adequate environmental analysis, the City Council granted the following approvals: (i)Resolution No. 2016-076 certifying the Final Environmental Impact Report (SCH No. 2012061046) for the Alberhill Villages Specific Plan No. 2010-02 (the “Final EIR”), General Plan Amendment No. 2012-01 and Zone Change No. 2012-02, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program. 2 @BCL@1805EDA7 (ii)Resolution No. 2016-77 approving General Plan Amendment No. 2012-01 which amended the Lake Elsinore General Plan land use designation for the Property to “Alberhill Villages Specific Plan.” (iii)Ordinance No. 2016-1361, effective July 28, 2016, adopting the Alberhill Villages Specific Plan No. 2012 and Zone Change 2012-02 which amended the zoning for the Property to “Alberhill Villages Specific Plan.” F.Following the adoption of the June 14, 2016 approvals identified in Recital E, Owner and City engaged in discussions and thereafter mutually proposed an Amended and Restated AVSP in an effort to eliminate certain ambiguities and provide clarification with respect to the implementation of the AVSP, refine the AVSP land use plan, and identify a financing mechanism for the Regional Sports Park. In order to provide for, implement, and govern the relationship between the City and Owner with respect to the long-term Development of the Project, the Parties now desire to enter into this Development Agreement. G.On February 7, 2017, the City of Lake Elsinore Planning Commission held a duly noticed public hearing to consider an Addendum as defined in Section 1.3.1, the Amended and Restated AVSP, and this Agreement and recommended City Council approval. H.On February 14, 2017, the City Council held a duly noticed public hearing to consider the Addendum, the Amended and Restated AVSP, and this Agreement and granted the following approvals: (i)Resolution No. ___ approving the Addendum. (ii)Ordinance No. ___ ,effective March 30, 2017, approving the Amended and Restated AVSP. (iii)Ordinance No. _________ ,effective March 30, 2017, approving this Development Agreement and authorizing the execution, delivery and recordation thereof (“Adopting Ordinance”). I.On February 28, 2017 the City Council conducted a second reading and adopted the Ordinances referenced in Recital H approving the Amended and Restated AVSP and this Agreement. J.Having duly considered this Agreement and having held all required noticed public hearings, City finds and declares that this Agreement (i) is consistent with the Lake Elsinore General Plan, the Amended and Restated AVSP and all other applicable plans, rules, regulations and official policies of the City, (ii) is compatible with the orderly Development of the Property and the surrounding area; (iii) is in conformity with public convenience, general welfare and good land use practices, (iv) will not be detrimental to the health, safety and general welfare of the City’s residents, businesses and visitors, and (v) constitutes a lawful, present exercise of the City’s police power and authority under the Development Agreement Statutes and Chapter 19.12 of the City Code. 3 @BCL@1805EDA7 NOW, THEREFORE, City and Owner agree as follows: 1 GENERAL PROVISIONS 1.1 The Project. The Project is the Development and use of the Property, consisting of approximately 1,375 acres of undeveloped property in the City of Lake Elsinore, in accordance with the Amended and Restated AVSP. The Amended and Restated AVSP permits and provides for the Development of a mixed-use residential Development including up to 8,024 residential units, 3,810,300 square feet of commercial, office and institutional uses, approximately 194 acres of natural or enhanced open space with multi-use trails, a 41.5-acre Recreational Lake and Lakeside Park, as well as a 45.9-acre City Regional Sports Park, and a 14.3-acre Public Community Park, and other uses as more particularly set forth in the Amended and Restated AVSP, as hereinafter defined. 1.2 The Property. The Property is generally located west of Lake Street and south of the I-15 Freeway in the City of Lake Elsinore, California. The Property consists of approximately 1,375 acres of land and is more particularly described in Exhibit A which is incorporated herein and made a part of this Agreement. 1.3 Definitions. The following terms when used in this Agreement shall have the following meanings: 1.3.1 “Addendum” means the Addendum to the Final EIR [SCH No. 2012061046] for the Amended and Restated AVSP and this Agreement. 1.3.2 “Agreement” means this Development Agreement and any written amendments thereto. 1.3.3 “Amended and Restated AVSP” means the Amended and Restated Alberhill Villages Specific Plan approved by the City Council by Ordinance No. introduced on February 14, 2017 and adopted on February 28, 2017 as referenced in Recital H and I. 1.3.4 “Applicable Rules and Regulations” means only those ordinances, resolutions, rules, orders, regulations, and formally adopted policies of the City applicable to the Development and occupancy of the Property, including the Planning Documents, which are in effect on the Effective Date, subject to the exceptions set forth in Sections 1.3.4.1 through 1.3.4.10 below. 1.3.4.1 State and Federal Laws. As provided in Government Code §65869.5, in the event that state or federal laws or regulations, enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. The rights of Owner under this Agreement shall not be otherwise affected by such modification or suspension. 4 @BCL@1805EDA7 1.3.4.2 Health and Safety. Nothing in this Agreement shall prevent City from enacting ordinances, resolutions, rules, regulations or policies necessary to protect City residents, businesses and visitors from an adverse risk to health or safety. Such ordinances, resolutions, rules, regulations or policies shall be applicable to the Development of the Project. 1.3.4.3 Application, Processing and Inspection Fees. Owner shall be subject to Application, Processing and Inspection Fees that are revised during the Term of this Agreement. Owner shall also receive the benefit of any lowering of such Application, Processing and Inspection Fees. Owner shall pay all applicable Application, Processing and Inspection Fees to the extent the fees are uniformly applied to all Development within the City. 1.3.4.4 Development Impact Fees. Owner shall be required to pay Existing Development Impact Fees (as defined in this Agreement) in connection with the Development of the Project in accordance with the limitations set forth in Section 2.6.4. 1.3.4.5 Procedural Regulations. Procedural regulations relating to hearing bodies, applications, notices, findings, hearings, reports, recommendations, appeals and any other matter of procedure. 1.3.4.6 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. 1.3.4.7 Non-Conflicting Regulations. Written regulations approved by the City that are not in material conflict with the Applicable Rules and Regulations and do not materially and adversely impact the Development of the Property. 1.3.4.8 Certain Conflicting Regulations. Written regulations approved by the City that are in material conflict with the Applicable Rules and Regulations only if Owner has given its written consent to the application of such regulations to Development of the Property. 1.3.4.9 Regulation 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. 1.3.4.10 General and Special Taxes. Owner and occupants shall pay general or special taxes, including but not limited to, property taxes, sales taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property; provided, however, that the tax is of general applicability Citywide or legally added as a condition of approval to future discretionary approvals, if any, relating to the intensification of existing mining operations requested by Owner. Nothing in this Agreement prohibits the adoption and application of a CFD special tax approved by the City in accordance with Sections 3.2 and 3.3 of this Agreement. 1.3.4.11 Planning Documents Control. Except as set forth in Sections 1.3.4.1 through 1.3.4.9 above, in the event of any conflict between the Planning Documents and the Applicable Rules and Regulations, the Planning Documents shall govern and control. 5 @BCL@1805EDA7 1.3.5 “Application, Processing and Inspection Fees” means the fees required by the City that are of general applicability to the entire City and cover the actual costs of the City to process applications and/or conduct inspections for the Project. 1.3.6 “Assumption Agreement” means an agreement substantially conforming to the model assumption agreement described in Exhibit B, or other agreement in a form approved by the City Attorney, executed by a purchaser, assignee or transferee of the Property, or a portion of the Property, expressly assuming certain obligations and inuring to certain rights under this Agreement. 1.3.7 “City” means the City of Lake Elsinore. 1.3.8 “City Manager” means City Manager of the City or his or her designee. 1.3.9 “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. 1.3.10 “City Code” means the Lake Elsinore Municipal Code. 1.3.11 “City Council” means the duly elected legislative body governing the City of Lake Elsinore. 1.3.12 “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. 1.3.13 “Director” means the City’s acting Community Development Director from time to time, or if there is no Community Development Director, the City staff member who is charged with duties and responsibilities similar to those of the City’s acting Community Development Director as of the Effective Date. 1.3.14 “Effective Date” means the effective date of the Adopting Ordinance. 1.3.15 “Existing Development Fees” means those development impact fees imposed by the City on and in connection with new Development pursuant to the Applicable Rules and Regulations which are defined in Section 2.6.3. 1.3.16 “Final EIR” is defined in Recital E. 1.3.17 “Owner” means Pacific Clay Products, Inc., a Delaware corporation, and any and all of its successors in title and/or successors in interest. 1.3.18 “Planning Documents” means, and shall be limited to, the General Plan Amendment and Zone Change referenced in Recital E, the Amended and Restated AVSP, the Final EIR and Addendum, any subsequent approvals and CEQA documents required for the implementation of the Project, this Agreement, and such amendments to this Agreement as may, from time to time, be approved pursuant to Section 7.1. “Planning Documents” shall not include 6 @BCL@1805EDA7 the Alberhill Villages Initiative to be submitted to the voters of City at a Special Municipal Election on May 2, 2017 or any subsequent voter initiative. 1.3.19 “Property” is defined in Recital C and more particularly described in Exhibit A. 1.3.20 “Project” is defined in Recital B and more particularly described in Section 1.1. 1.3.21 “Term” is defined in Section 1.4 of this Agreement. 1.4 Term of Agreement. This Agreement shall commence upon the Effective Date and shall continue in force for a period of thirty (30) years unless extended or terminated as set forth herein, provided, that if the Project has not been fully developed by the end of such thirty (30) year period, the term of this Agreement shall be automatically extended for successive five (5) year periods unless and until either City or Owner notify the other in writing prior to the end of the then- existing term that such Party elects to terminate this Agreement effective as of the end of the then-existing term. Following the expiration of the term or any extension hereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to any post- termination obligations of the Parties. 1.5 Tentative Map Extensions. Pursuant to Section 66452.6 of the California Government Code, any tentative map that is approved by the City shall remain in full force and effect for a period coterminous with the term of this Agreement. 1.6 Assignment and Assumption. Owner shall have the right to sell, assign, or transfer the Property or any portion thereof, together with its rights and obligations under this Agreement to the extent the same apply to the lands so sold, assigned or transferred, to any person, firm or corporation at any time during the term of this Agreement. The terms, conditions, covenants, rights and obligations set forth in this Agreement and incorporated herein by exhibits shall run with the land and the burdens and benefits created by this Agreement shall bind and inure to the successive owners of the Property from time to time. Owner shall provide City with written notice of any assignment or transfer of all or a portion of the Property no later than thirty (30) days after such assignment or transfer. Express written assumption by such purchaser, assignee or transferee, to the satisfaction of the City Attorney, of the burdens and obligations with respect to the Property or such portion thereof sold, assigned or transferred, shall release and relieve Owner of such burdens and obligations so assumed. Any such assumption of Owner’s obligations under this Agreement shall be deemed to be to the satisfaction of the City Attorney if evidenced by the execution of an Assumption Agreement in the form of that attached hereto as Exhibit B and incorporated herein by this reference. 7 @BCL@1805EDA7 1.7 Covenants Running With the Land. The terms and conditions set forth in this Agreement, including the rights and obligations of the Parties hereto, shall constitute covenants running with the land. Each and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party thereto, but only with respect to the Property, or such portion hereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of Owner contained in this Agreement, and shall succeed to the benefits conferred upon Owner hereunder, as such duties, obligations and benefits pertain to the portion of the Property sold, assigned or transferred to it. Provided, however, notwithstanding anything to the contrary above, if any such sale, assignment or transfer relates to a completed single-family residence, multi-family building or non- residential building which has been approved by the City for occupancy, the automatic termination provisions of Section 8.1 hereof shall apply thereto, and the rights and obligations of Owner and City hereunder shall not run with respect to such portion of the Property sold, assigned or transferred and shall not be binding upon such purchaser, assignee or transferee. 1.8 Successors in Interest. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of the Parties and their heirs, successors (by merger, consolidation, or otherwise), assigns, devisees, administrators, representatives, and all other persons or entities acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. 1.9 Mortgages. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion of the Property, after the date of recording this Agreement, including the lien of any deed of trust or mortgage. Nonetheless, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against any mortgagee who acquires an interest in the Property, or any portion of the Property. Any such mortgagee shall be released from the obligations under this Agreement, if any, upon transfer of the Property, or the portion of the Property as set forth in Section 1.6 of this Agreement. 1.10 Estoppel Certificate. 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 unmodified and in full force and effect, or, if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modification; and (b) there are no current uncured defaults under this Agreement or, if such uncured defaults exist, specifying the dates and nature of any such defaults. The failure to deliver such a certificate to the requesting Party within thirty (30) calendar days of the request shall constitute a binding admission by the Party failing to deliver 8 @BCL@1805EDA7 the certificate that this Agreement is in full force and effect, without modification except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. Any such certificate requested by Owner may be executed by the City Manager and shall contain City’s acknowledgment that the certificate is intended to, and may be, relied upon by lenders, mortgagees and transferees. 2 DEVELOPMENT OF THE PROPERTY 2.1 Vested Right. The City has determined that the Project 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 Development of the Property in accordance with the Applicable Rules and 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 and in accordance with the Development Agreement Statutes and Chapter 19.12 of the City Code, Owner shall have a vested right to implement the Project in accordance with the Applicable Rules and Regulations, subject to the approval and issuance of any subsequent land use entitlements and permits which are required for the Development of the Project under the Applicable Rules and Regulations. As such, the Owner, if it chooses, may proceed to Develop the Property in accordance with the Applicable Rules and Regulations, with certainty that Owner 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 Owner to undertake any Development of the Property and that before any Development activity can occur (a) the Owner must have submitted all applications for all land use entitlements and permits which are required under the Applicable Rules and Regulations, and (b) the City must have approved such land use entitlement and permit applications pursuant to the Applicable Rules and Regulations, including undertaking whatever environmental documentation required pursuant to CEQA. This Agreement does not require the City to approve any land use entitlement or permit, but obligates the City to reasonably process all land use entitlement and permit applications submitted by Owner during the Term of this Agreement pursuant to the Applicable Rules and Regulations. Consequently, the City may approve, conditionally approve or deny such land use entitlement and permit applications on the basis of the Applicable Rules and Regulations. Upon approval by City of any of the land use entitlements and permits, as they may be amended from time to time, such land use entitlements and permits shall become part of the Applicable Rules and Regulations, and the Owner shall have a “vested right,” as that term is defined under California law, in and to such land use entitlements and permits by virtue of this Agreement. 9 @BCL@1805EDA7 2.3 Phasing. Development of the Project is expected to occur over the course of thirty (30) years, or more. Owner shall have the right to determine the timing and phasing of Development of the Project during the term of this Agreement, provided that all infrastructure necessary to serve that portion or phase of the Project being developed is in place prior to the occupancy thereof. In light of the California Supreme Court’s holding in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the absence of reference in that developer’s project approvals to a time schedule or rate of Development resulted in a later-adopted initiative restricting the timing of Development to prevail over the Parties’ agreement, it is City’s and Owner’s intent to affirmatively address this issue by expressly acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Planning Documents and Applicable Rules and Regulations, Owner shall have the vested right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment. 2.4 Permitted Uses and Development. The permitted uses, the density and intensity of use, and the transfer of such density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land (or payment of fees in lieu of dedication) for public purposes, the construction, installation and location of public improvements, and other terms and conditions of Development applicable to the Property shall be those, and only those, set forth in this Agreement, the Planning Documents and the Applicable Rules and Regulations. Notwithstanding the foregoing limitation, should Owner request an amendment to the General Plan and/or Amended and Restated AVSP, City may apply current regulations in effect at the time the application for amendment is deemed complete to the extent that the current regulations relate to the requested amendment. 2.5 Moratorium and Referendum. No ordinance, resolution, rule, order, regulation or policy of the City shall be applied, imposed or enacted by the City which in any way relates to the rate, timing or sequencing of the Development or use of the Property, or any improvements related thereto, including any no-growth or slow-growth moratoriums or annual Development allocations, quotas or limitations, or which in any way conflicts with the permitted uses, density and/or intensity of uses, maximum building height and/or size, or other Development characteristics set forth in the Planning Documents. Pursuant to Government Code §65867.5, this Agreement is subject to referendum. 2.6 Fees. 2.6.1 Alberhill Park Fee. Prior to the issuance of any residential building permit in the Project, Owner shall pay to City “Alberhill Park Fee” in an amount equal to $2.00 per square foot of assessable space. “Assessable space” means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, detached accessory structure or similar area. The amount of square footage within the perimeter of a residential structure shall be calculated by the City’s building department in accordance with the City’s standard practice of calculating structural perimeters. The Alberhill Park Fee shall be 10 @BCL@1805EDA7 deposited by City in a segregated account (the “Alberhill Park Fund”) and shall be used exclusively to fund the improvements to the 45.9 acre Regional Sports Park; provided, however, upon final completion of such improvements, and City’s payment in full of all costs of such improvements from the Alberhill Park Fund, any remaining balance in the Alberhill Park Fund may be expended by City for park improvements within the Alberhill District of the City’s General Plan. Owner’s obligation to pay the Alberhill Park Fee shall survive termination of this Agreement. 2.6.1.1 Phased Construction of Regional Sports Park. Pursuant to the Amended and Restated AVSP, Owner shall rough grade the Regional Sports Park site and construct the adjacent roadway infrastructure, including the portions of Lake Street adjacent thereto, in accordance with the schedule set forth in Table 3-2 of the Amended and Restated AVSP. Onsite improvements for the Regional Sports Park shall be constructed by Owner in phases, as sufficient Alberhill Park Fees are generated as set forth in Table 3-2 of the Amended and Restated AVSP. Such onsite improvements shall be designed, engineered and constructed in accordance with a conceptual design plan prepared by Owner and approved by the City Council and detailed park plans prepared by Owner and approved in writing by the Director. The Owner shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Regional Sports Park improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Owner shall maintain the improvements in good and safe condition and in proper operating condition, including such maintenance as the Director reasonably determines to be necessary, until the City’s acceptance thereof. Upon substantial completion of the improvements for each phase of the Regional Sports Park, City shall inspect and approve such improvements subject to a punch list City shall issue itemizing any additional work which shall be reasonably required for final completion of such improvements. Owner shall use commercially reasonable efforts to complete the items on the City’s punch list within a reasonable time after City’s issuance thereof. Upon Owner’s completion of the items on the City’s punch list, and City’s verification thereof, City shall promptly cause to be recorded in the Official Records of Riverside County a Notice of Completion and Acceptance (“NOCA”) of such improvements. Within thirty (30) days following the recordation of the NOCA, Owner shall dedicate the improved park phase to the City by way of a duly executed grant deed delivered to and accepted by the City. The applicable park phase shall not be opened to the public until such park phase has been dedicated to the City as set forth herein. Upon Owner’s dedication of the park phase to City, Owner shall assign to the City all of the Owner’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the improvements. Notwithstanding the foregoing, in lieu of Owner’s obligation to construct any or all or any phase of the Regional Sports Park improvements, City may, in its sole discretion, elect to construct all or any phase of Regional Sports Park improvements using remaining funds available in the Alberhill Park Fund. 2.6.1.2 Reimbursement Procedures. All costs incurred by Owner for the design, engineering and construction of onsite improvements for the Regional Sports Park shall be fully reimbursed by draws from the Alberhill Park Fund, in accordance with the procedures 11 @BCL@1805EDA7 set forth in this Section 2.6.1.2 and as more particularly described in the form Reimbursement Agreement attached hereto as Exhibit “C”. As Owner constructs portions of the onsite improvements for the Regional Sports Park, Owner shall submit to the Director, or designee, a Reimbursement Request in the form attached to the Reimbursement Agreement (Exhibit C), including copies of contracts, invoices, cancelled checks or other documentation requested by the Director, or designee, evidencing costs actually incurred by Owner (“Reimbursement Request”). The dollar amount of the reimbursement is to equal the actual cost incurred by the Owner in constructing the improvements, provided that the reimbursement cannot exceed the available funds in the Alberhill Park Fund. The Owner shall supply all documentation requested by the Director, or designee, in determining the actual construction cost of the improvements. Reimbursements from the Alberhill Park Fund shall be due and payable within thirty (30) calendar days of receipt of the Reimbursement Request submitted by the Owner. 2.6.1.3 Satisfaction of All Park Dedication and Development Requirements and Fees. Owner’s compliance with the park development and dedication requirements set forth in the Amended and Restated AVSP and this Agreement, including the Development and dedication of the Regional Sports Park as set forth in the Amended and Restated AVSP and in this Section 2.6.1, shall satisfy all park dedication, park development, open space and recreation requirements and associated fees for the entire Project, including without limitation all requirements under the Quimby Act (codified at California Government Code § 66477) and all local ordinances relating thereto, and including all dedication, Development, improvement, in-lieu fees (including City Park Capital Improvement Fund Fees), and all other park, open space and recreation requirements of whatever type. City shall not require Owner to dedicate or improve any land, or pay, contribute to or otherwise provide any fee, as a condition or exaction of any subsequent approval by the City for the Development of the Property, or otherwise, which in any way relate to parks, open space or recreation. 2.6.2 Development Agreement Fees. 2.6.2.1 Initial Development Agreement Fee. Pursuant to City Code Section 19.12.170, Owner shall pay City an Initial Development Agreement Fee in the amount of One Hundred Thousand Dollars ($100,000) (the “Initial DAG”) to offset the City’s costs associated with the negotiation and preparation of this Agreement, the Amended and Restated AVSP and the City’s costs associated with the May 2, 2017 Special Municipal Election. Payment of the Initial DAG shall be made in two equal installments. The first installment shall be made prior to adoption of the Adopting Ordinance by the City Council and the second shall be made within thirty (30) days from the Effective Date. 2.6.2.2 Payment of Development Agreement Fees. Upon the City’s issuance of the initial building permit for each residential dwelling unit, and each commercial, retail or industrial building to be constructed within the Project, Owner shall pay to City a Development Agreement Fee in the amount specified in Section 2.5.1.2 below (each, a “DAG Fee” and collectively, “DAG Fees”). 2.6.2.3 DAG Fees Payable. DAG Fees shall be payable in the following amounts for the various uses subject to the exceptions set forth herein below in Section 2.6.2.4: 12 @BCL@1805EDA7 2.6.2.3.1 Single Family (SF) Dwelling Unit - $4,500/unit 2.6.2.3.2 Multi-Family (MF) Dwelling Unit - $3,200/unit 2.6.2.3.3 Mixed-Use (MXU) Dwelling Unit - $2,500/unit 2.6.2.3.4 Commercial/Retail/Industrial Building - $1.00/sf 2.6.2.3.5 Private Institutional/Places of Worship (non-sanctuary) Building - $1.00/sf Commencing July 1, 2018, the DAG Fees shall be adjusted annually as of July 1 of each year based on the percentage increase or decrease, if any, of the Engineering News Record Construction Cost Index for the Los Angeles Metropolitan Area for the twelve month period prior to May 1 of the year in which the change will be effective; provided, however, the DAG Fees shall never be less than the rates set forth above in this Section 2.6.2.3. 2.6.2.4 DAG Fee Exemptions. Notwithstanding the provisions of Section 2.6.2.3, no DAG Fees shall be payable for the following uses: 2.6.2.4.1 Residential units in publicly subsidized projects constructed as housing for low income households as defined pursuant to Section 50079.5 of the Health and Safety Code; 2.6.2.4.2 New homes, constructed by nonprofit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified disabled veterans; 2.6.2.4.3 Government/public buildings, public schools and public facilities; 2.6.2.4.4 Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary, middle school or high school level for students between the ages of five and 18 years; 2.6.2.4.5 The sanctuary building of a church or other house of worship eligible for a property tax exemption. 2.6.2.5 Use of DAG Fees. The City shall deposit not less than One Million Dollars ($1,000,000) of DAG Fees paid by Owner into the Alberhill Park Fund to ensure adequate funding for all onsite improvements to the Regional Sports Park. In addition, City may in its sole and absolute discretion deposit additional DAG Fees into the Alberhill Park Fund in order to expedite construction of Regional Sports Park improvements. All DAG Fees deposited in the Alberhill Park Fund shall be repaid from future Alberhill Park Fees, if any, paid by Owner after completion of all Regional Sports Park improvements. DAG Fees not deposited into the Alberhill Park Fund may be used by City for any municipal purpose in accordance with Applicable Rules and Regulations. 2.6.3 Existing Development Impact Fees. For and in exchange of Owner’s agreement to pay the Alberhill Park Fees, the DAG Fees and develop the Regional Sports Park with Funds deposited in the Alberhill Park Fund as provided in Sections 2.6.1 and 2.6.2, City 13 @BCL@1805EDA7 agrees that other than the payment of such Alberhill Park Fees and DAG Fees, Owner shall be required to pay only the following Existing Development Impact Fees as set forth in this Section 2.6.3: Storm Drain Capital Improvement Fund Fees Traffic Impact Fees Library Capital Improvement Fund Fees Fire Facility Fee City Hall & Public Works Facilities Fee Community Center Facilities Fee Marina Facilities Fee Animal Shelter Facility Fee TUMF Upon City approval of each Phased Development Plan (PDP) in the Project in accordance with the Amended and Restated AVSP, the amount of each of the Existing Development Impact Fees to be paid upon issuance of building permits for Development within the boundaries of such PDP shall be locked for a period of five (5) years commencing as of the July 1 following the date of approval of the PDP and expiring on the fifth anniversary thereof. Thereafter, Owner shall pay all Existing Development Impact Fees at the current rate applicable at the time of issuance of each building permit in the Project. Notwithstanding the foregoing, TUMF fees may be paid prior to final inspection or issuance of occupancy permit and must be paid at the then applicable rate without any rate lock in accordance with the TUMF program. Notwithstanding anything to the contrary herein, Owner is exempt from the payment of MSHCP Fees, City Affordable Housing In Lieu Fees and City mandated affordability covenants and restrictions recorded against new dwelling units in the Project. Owner’s exemption from the payment of Affordable Housing In Lieu fees and affordability covenants and restrictions shall survive the termination of this Agreement. 2.6.3.1 No New Fees. Owner shall not have an obligation to pay, contribute to, or otherwise provide as a condition or exaction of any subsequent approval by the City for the Development of the Property pursuant to the Amended and Restated AVSP, any new Development Impact Fees imposed by the City after the Effective Date of this Agreement. 3 PUBLIC FACILITIES AND IMPROVEMENTS 3.1 Acquisition of Necessary Property Interests. If Owner is required by the Planning Documents to construct offsite improvements on lands not owned by either Owner or the City, Owner agrees to make a good faith effort to acquire the necessary property interest for the construction of these offsite improvements. Owner shall commence its good faith efforts to acquire the necessary property interests immediately upon the effective date of this Agreement or within thirty (30) days of being informed by the City that such offsite improvements are required in order to implement the Planning Documents. If Owner is unable to acquire the necessary property interests within one year before the offsite improvement is required to be constructed based on Owner’s then existing Development schedule, the City shall acquire the necessary property interests by such means as are available to it, including eminent domain. Owner shall pay all actual costs incurred by the 14 @BCL@1805EDA7 City in acquiring the necessary offsite property interests, including but not limited to, inverse condemnation, attorneys’ fees, land cost, severance, relocation, loss of future Development rights and any other costs related to the City acquiring the offsite real property interests required to construct the offsite improvements. The provisions of this Section 3.1 are in addition to, and not in lieu of, the Parties’ respective rights and obligations under California Government Code Section 66462.5. 3.2 Financing Mechanisms for Public Facilities. 3.2.1 Public Facilities CFD. Upon Owner’s submission of a finance plan City, in cooperation with and at the request of Owner, shall initiate and use its commercially reasonable efforts to cause the City to establish a Mello-Roos Community Facilities District (“CFD”) to finance public improvements and facilities to be constructed and installed in conjunction with their development of the Project on and with respect to the Property, in accordance with the provisions of the Mello-Roos Community Facilities Act of 1982 (Government Code §53311 et seq.), as amended (“Mello Roos Act”). It is understood that Owner shall not be entitled to receive the net proceeds of any CFD bonds to finance onsite improvements constructed by Owner to the Regional Sports Park and reimbursed to Owner from the Alberhill Park Fund. It is also understood that multiple CFDs may be established over portions of the Property in order to facilitate the funding of public improvements and facilities to correspond with the phased development of the Project. The parameters of the CFD(s) shall be as follows or as otherwise required to meet minimum requirements of California law, as the same may be amended from time to time: (i) a minimum loan-to-value ratio of 1 to 3; (ii) a total property tax/assessment payment not to exceed two percent (2%) of assessed value per year per parcel; (iii) a debt service coverage ratio not to exceed 1 to 1 (unless adequate credit enhancement is provided to the reasonable satisfaction of the City); and (iv) an annual escalator on the CFD tax and debt service of two percent (2%) per year (and subject to appropriate increases in the special tax upon defaults by other properties within the CFD). 3.2.2 Contingent Special Tax. As part of any public facilities CFD established pursuant to Section 3.2.1, a contingent special tax shall be included that will be levied on each assessor’s parcel of taxable property in an amount required in any fiscal year to pay the cost of the City’s maintenance and operation of the improvements, including administrative expenses, and to fund an operating reserve following default by the applicable Homeowner’s Association (HOA) of its obligation to maintain such improvements which may include maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards. Default by the HOA will be deemed to have occurred in each of the following circumstances: (i) the HOA files for bankruptcy; (ii) the HOA is dissolved; (iii) the HOA ceases to levy annual assessments for the maintenance of the improvements described above; or (iv) the HOA fails to maintain such improvements at the same level as the City maintains similar improvements throughout the city and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy such maintenance deficiency to the reasonable satisfaction of the City Council. 15 @BCL@1805EDA7 3.3 Participation in No. CFD 2015-1 and CFD No. 2015-2. 3.3.1 Public Safety, Fire, Paramedic and Police Services. Prior to approval of a Final Map, Parcel Map, Residential Design Review, or Conditional Use Permit (as applicable), the project developer shall annex into Community Facilities District No. 2015-1 (Safety) or such other Community Facilities District for Law Enforcement, Fire and Paramedic Services established at the time of such approval to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively, the project developer may form a new Community Facilities District for Law Enforcement, Fire and Paramedic Services or propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Community Facilities District No. 2015-1 or other CFD for law enforcement, fire and/or paramedic services will be subject to a biennial review by the City and adjustments to special taxes collected thereunder will be made in accordance with the requirements of the Mello-Roos Community Facilities Act of 1982, as amended from time to time. 3.3.2 Maintenance Services. Prior to approval of a Final Map, Parcel Map, Design Review, or Conditional Use Permit or building permit (as applicable), the project developer shall annex into Community Facilities District No. 2015-2 (Maintenance Services) or such other Community Facilities District for Maintenance Services established at the time of such approval to fund the on-going operation and maintenance of the (i) public right-of-way, including street sweeping, (ii) the public right-of-way landscaped areas and parks to be maintained by the City; and (iii) 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 streets, 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. Alternatively, the project developer may form a new Community Facilities District for Maintenance Services or propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. 4 IMPLEMENTATION OF PROJECT APPROVALS AND DEVELOPMENT 4.1 Implementation. 4.1.1 City Processing. City shall permit the uses on the Property that are permitted by the Planning Documents. City agrees that all applications for City approval shall be reviewed and acted upon within a reasonable period of time. 4.1.2 Duty to Grant and Implement. City’s obligation to grant and implement City approval of the uses on the Property permitted by the Planning Documents shall not infringe upon the City’s right to require conformity with the Planning Documents and the Applicable Rules and Regulations. If City rejects an application for a City approval, it shall provide, in good faith, a specific list of reasons why the application was rejected along with a description of specific and reasonable measures to correct each basis for rejection. If Owner submits its application incorporating all the measures to correct, the City shall deem the application is complete. 16 @BCL@1805EDA7 4.1.3 CEQA Guidelines §15182. City agrees to comply with all CEQA requirements, including CEQA Guidelines, §15182, which provides that where a public agency has prepared an EIR on a Specific Plan, no EIR or negative declaration need be prepared for a residential project undertaken pursuant to and in conformity to that Specific Plan if the Project meets the requirements of CEQA Guidelines §15182. Residential projects covered by CEQA Guidelines §15182 include, but are not limited to land subdivisions, zoning changes and residential planned unit Developments. 4.2 Outside Consultants. At Owner’s request, the City may at any time during the term of this Agreement, hire an outside consultant(s) to provide assistance on any issue associated with the Development of the Project, including but not limited to, processing subsequent Project approvals and conducting building inspections for the Project. Owner agrees to pay reasonable costs associated with the outside consultant(s) in addition to any application, processing and inspection fees otherwise due the City. The outside consultant(s) shall be under the exclusive direction of the City. 4.3 Other Governmental Agencies. Owner and the City shall reasonably cooperate with each other in obtaining such additional permits and approvals as may be required from other governmental or quasi- governmental agencies having jurisdiction over the Project or the Property as may be required for the Development of the Project. Reasonable cooperation includes, but is not limited to, responding to reasonable requests for information in a timely manner, attendance at meetings and providing City determinations that are relevant to obtaining such additional permits or approvals. Owner will be responsible for all costs of obtaining such additional permits or approvals. Owner shall be entitled to request that the City support Owner in obtaining such additional permits and approvals for the Project. Owner shall have the primary responsibility for securing such permits and approvals, including all communications with the California Department of Transportation regarding the proposed access to the Project. 4.4 Implementation of Conditions of Approval. If Owner believes it is unable to implement any condition required by the Planning Documents, Owner can request the City to modify or delete the condition or substitute another condition if substantial evidence exists that the condition is no longer feasible. Owner bears the burden of providing the substantial evidence to the City that the condition is no longer feasible and the City shall hold a public hearing prior to modifying, deleting or substituting the condition, if such a hearing is required by law. 5 PERIODIC REVIEW City shall review this Agreement at least once every twelve (12) months from the Effective Date. During each periodic review, Owner is required to demonstrate good faith compliance with the terms of this Agreement, and shall furnish such reasonable evidence of good faith compliance as the City, in the exercise of its reasonable discretion, may require. Such periodic review shall be conducted administratively by the City Manager and any appropriate department heads designated by the City Manager to perform such periodic review. The City 17 @BCL@1805EDA7 Manager shall report the results of such periodic review to the City Council within thirty (30) days after the conclusion thereof. No public hearing shall be held by the City Manager, Planning Commission or City Council with regard to such periodic review; provided, however, that the City Council and/or the Owner shall have the right to appeal the City Manager’s findings to the City Council, in which case Owner shall have the right to request a public hearing on the matter. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto. Any failure of either Party to comply with the provisions of this Section 5, will not constitute or be asserted by either Party as a breach by such Party. 6 DEFAULT AND REMEDIES FOR DEFAULT 6.1 Default. No Party shall be in default under this Agreement unless it has failed to materially perform under the Agreement for a period of sixty (60) days after written notice from the other Party of an event of default. The notice of an event of default shall specify in detail the nature of the alleged default and the manner in which the default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 60-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed to satisfy such requirement. 6.2 Remedies. After the expiration of the sixty (60) day notice and cure period (or longer, as applicable) set forth in Section 6.1, if the alleged default is not cured to the reasonable satisfaction of the Party alleging default, the Party alleging default, at its option, may give notice of intent to terminate the Agreement pursuant to California Government Code §65868. Following notice of intent to terminate, the matter shall be scheduled for a public hearing before the City Council to review and consider the matter within 30 days. Following consideration of the evidence presented in the review, if the City Council determines that there is substantial evidence that the Party is then in material default under this Agreement, the Party alleging the default may give written notice of termination of this Agreement. 6.3 Specific Performance. The Parties acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement and shall be available to all Parties for the following reasons: 6.3.1 Due to the size, nature and scope of the Project, it will not be practical, or possible, to restore the Property to its pre-existing condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement, and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it will not be possible to determine the sum of money that would adequately compensate Owner for such efforts. By the same token, City will have invested substantial time and resources and will have permitted irremediable changes to the land and increased demands on the surrounding 18 @BCL@1805EDA7 infrastructure and will have committed, and will continue to commit to Development in reliance upon the commitment to provide infrastructure and related improvements and other exactions to meet the needs of the proposed Development and to mitigate its reliance upon the terms of this Agreement, and it would not be possible to determine a sum of money which would adequately compensate City for such undertakings. 6.3.2 The Property, and the use of the Property for the purposes and uses described in the Planning Documents are unique. 6.4 Cumulative Remedies. In addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including declaratory relief, specific performance, injunctive relief, and relief in the nature of mandamus. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver of election with respect to any other available remedy. 6.5 Litigation Expenses. If the City or Owner brings an action or proceeding (including, without limitation, any cross-complaint, counterclaim, or third-Party claim) against another Party arising out of this Agreement, the prevailing Party in such action or proceeding shall be entitled to its costs and expenses of suit, including reasonable attorneys’ fees. 6.6 Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Riverside. 7 AMENDMENT 7.1 Amendment by Agreement. This Agreement may be amended in writing from time to time by mutual consent of the Parties or their successors in interest in accordance with City Code Chapter 19.12 and the Development Agreement Statutes. 8 TERMINATION 8.1 Termination Upon Voter Approval of Land Use Initiative. This Agreement shall automatically terminate and be of no further force or effect, in the event the proposed “Alberhill Villages Initiative” set for a Special Municipal Election on May 2, 2017 or any subsequent Voter Initiative affecting the Project is passed. 8.2 Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the term, as more particularly set forth in Section 1.4 above, or when the Property has been fully developed and all of Owner’s and City’s respective obligations under this Agreement have been fully performed and satisfied, whichever first occurs. Upon termination of this Agreement, the City shall record 19 @BCL@1805EDA7 a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. Notwithstanding anything to the contrary contained in this Agreement, this Agreement shall automatically terminate and be of no further force or effect as to any single- family residence or any non-residential building, and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy. 8.3 Land Use Entitlements Following Termination. Termination of this Agreement shall not affect the General Plan and Zoning Amendments referenced in Recital E, the Amended and Restated AVSP, any applicable zoning, subdivision map, permits or other land use entitlements approved with respect to the Property. 8.4 Fees Following Termination. Upon termination of this Agreement, Owner shall be required to pay the Alberhill Park Fee and all development impact fees then imposed by City on and in connection with new Development at the rate in effect as of the date of issuance of each building permit in the Project; provided, however, Owner shall not be required to pay the Affordable Housing In Lieu Fee for Development in the Project. In addition, the obligation to pay DAG Fees shall cease upon termination of this Agreement. 9 GENERAL PROVISIONS 9.1 Notices. Any notice or communication required hereunder between or among City or Owner must be in writing, and may be given either personally or by registered or certified mail, return receipt requested to the addressees listed below. If given by registered or certified mail, the same shall be deemed to have been given and received on the first to occur of (i) actual receipt by the addressees designated below as the Party to whom notices are to be sent, or (ii) three (3) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Any notices or communications shall be given to the Parties at their addresses set forth below: 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 Owner:Pacific Clay Products, Inc. 14741 Lake Street Lake Elsinore, CA 92530 20 @BCL@1805EDA7 Attention: Legal Department With a copy to:Pacific Clay Products, Inc. c/o Castle & Cooke Alberhill Home Building, Inc. 10000 Stockdale Highway, Suite 300 Bakersfield, CA 93311 Attn: Laura Whitaker And with a copy to:Jones & Beardsley, P.C. Attn: Mark A. Jones 10000 Stockdale Highway, Suite 395 Bakersfield, CA 93311 Any Party hereto may at any time, by giving written notice to the other Party as provided in this Section, designate any other address in substitution of the addresses listed above. 9.2 Third Party Claims. Owner 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, excluding only such claims, actions or proceedings which arise from City’s sole negligence, willful misconduct or breach of its obligations under this Agreement. City shall promptly notify Owner of any such claim, action or proceeding, and City shall cooperate in the defense. In any defense of City and/or Owner against such an action, Owner shall have the right to select legal counsel and any experts or consultants deemed necessary and appropriate by Owner, subject to City’s approval which shall not be unreasonably withheld. Owner’s obligation to indemnify City hereunder shall survive any termination of this Agreement. 9.3 Further Actions. Each Party shall take such further actions and execute and deliver to the other such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 9.4 No Joint Venture or Partnership or Third Party Beneficiary. City and Owner agree that no joint venture or partnership exists between them and agree that nothing contained in this Agreement or in any document executed in connection herewith shall be construed as making City and Owner joint venturers or partners. 21 @BCL@1805EDA7 9.5 Recitals. The Recitals in this Agreement are material and are incorporated herein by reference as though fully set forth herein. 9.6 Exhibits. The Exhibits to this Agreement is incorporated herein by reference as though fully set forth herein 9.7 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 9.8 Severability. If any of the provisions contained in this Agreement are determined to be void, invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. 9.9 Interpretation. This Agreement was fully negotiated between the Parties hereto and none of the terms of this Agreement shall be interpreted against any Party as the drafter of this Agreement. 9.10 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement. Without limiting the generality of the foregoing, this Agreement supersedes and replaces that certain Preannexation and Development Agreement by and between the City of Lake Elsinore and Pacific Clay Products, Inc. recorded November 10, 2003 as Document No. 2003-889128 in the Official Records of Riverside County, California, and all rights and obligations of the Parties thereunder. [SIGNATURE PAGE FOLLOWS] 22 @BCL@1805EDA7 IN WITNESS WHEREOF, Owner and the City have executed this Agreement as of the date first hereinabove written. CITY: CITY OF LAKE ELSINORE, a municipal corporation By: Robert E. Magee, Mayor ATTEST: By: Susan M. Domen, CMC City Clerk APPROVED AS TO FORM: By: Barbara Leibold, Esq., City Attorney OWNER: PACIFIC CLAY PRODUCTS, INC., a Delaware corporation By: Name: Title: By: Name: Title: Attachments: Exhibit A -Legal Description Exhibit B -Assignment and Assumption Agreement Exhibit C -Reimbursement Agreement Notary Acknowledgments Attached @BCL@1805EDA7 EXHIBIT A EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ATTACHED @BCL@1805EDA7 EXHIBIT B EXHIBIT B FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: City Clerk (Space above for Recorder’s use) (Exempt from Recording Fees Per Govt Code §27383.) ASSIGNMENT AND ASSUMPTION AGREEMENT RELATIVE TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELSINORE AND PACIFIC CLAY PRODUCTS, INC. REGARDING THE DEVELOPMENT KNOWN AS ALBERHILL VILLAGES This Assignment and Assumption Agreement (“Agreement”) is entered into this ____ day of _________________, 20____, by and between Pacific Clay Products, Inc., a Delaware corporation (“Owner”) and ____________________, a ___________________ (“Assignee”). RECITALS A.On ______________, 20____ the City of Lake Elsinore and Owner entered into an agreement titled “Development Agreement By and Between the City of Lake Elsinore and Pacific Clay Products, Inc. Regarding the Development Known as Alberhill Villages (“Development Agreement”), pursuant to which the City of Lake Elsinore (“City”) and Owner agreed to certain matters relating to the Development of certain real property owned by Owner as more particularly described in said Development Agreement (the “Property”). The Development Agreement was recorded against the Property in the Official Records of Riverside County, California, on _______________, 20___, as Document No. _________________. B.Owner entered into a [purchase and sale agreement, etc.] whereby a portion of the Property will be [sold, etc.] to Assignee, which portion of the Property is identified and described in Exhibit A attached hereto and incorporated herein by this reference (“Assigned Parcel(s)”). @BCL@1805EDA7 EXHIBIT B 2 C.Owner desires to assign to Assignee all of Owner’s rights, interests, benefits, burdens and obligations under the Development Agreement with respect to the Assigned Parcel(s). D.Assignee desires to assume all of Owner’s rights, interests, benefits, burdens and obligations under the Development Agreement with respect to the Assigned Parcel(s). NOW, THEREFORE, Owner and Assignee hereby agree as follows: 1.Owner hereby assigns, effective as of Owner’s conveyance of the Assigned Parcel(s) to Assignee; all of the rights, interests, benefits, burdens and obligations of Owner under the Development Agreement with respect to the Assigned Parcel(s) [if applicable, reserving to Owner the following rights/interest/benefits/burdens/obligations, etc.: _______] Owner retains all the rights, interest, benefits, burdens and obligations under the Development Agreement with respect to all other property within the Property owned by Owner. 2.Assignee hereby assumes all of the rights, interests, benefits, burdens and obligations of Owner under the Development Agreement, and agrees to observe and fully perform all of the duties and obligations of Owner under the Development Agreement, and to be subject to all the terms and conditions thereof, with respect to the Assigned Parcel(s) [if applicable, to the extent hereby assigned], it being the express intention of both Owner and Assignee that, upon the execution of this Agreement and conveyance of the Assigned Parcel(s) to Assignee, Assignee shall become substituted for Owner as the “Owner” under the Development Agreement with respect to the Assigned Parcel(s) [if applicable, to the extent hereby assigned]. 3.All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, successors and assigns. 4.The Notice Address described in Section 1.13 of the Development Agreement for the Assignee with respect to the Assigned Parcel(s) shall be: ___________________________. 5.Under the terms and conditions of the Development Agreement, Owner is hereby released and relieved of all burdens and obligations under the Development Agreement with respect to the Assigned Parcel(s). IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year first above written. OWNER: PACIFIC CLAY PRODUCTS, INC., a Delaware corporation By: @BCL@1805EDA7 EXHIBIT B 3 Name: Title: By: Name: Title: @BCL@1805EDA7 EXHIBIT B 4 ASSIGNEE: _______________________, ____________________________________ By: Name: Title: By: Name: Title: Notary Acknowledgments Attached @BCL@1805EDA7EXHIBIT A TO ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT A TO ASSIGNMENT AND ASSUMPTION AGREEMENT LEGAL DESCRIPTION OF ASSIGNED PARCEL(S) ATTACHED @BCL@1805EDA7 EXHIBIT C EXHIBIT C REIMBURSEMENT AGREEMENT [TO BE INSERTED] Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ORD 2014-006 Agenda Date: 2/14/2017 Status: BusinessVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 16) Page 1 City of Lake Elsinore Printed on 2/9/2017 Page 1 of 3 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Audrey Young Date:February 14, 2017 Subject:Smoking in Certain Public Areas Ordinance Recommendation 1. Introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADDING MUNICIPAL CODE, CHAPTER 8, SECTION 14, SMOKING IN CERTAIN PUBLIC AREAS Background In 2014, the City of Lake Elsinore adopted Resolution No. 2014-063 in support of programming and policies that focus on health promotion. In support of this Resolution, the City has since implemented a healthy community initiative called Healthy LE. Healthy LE aims to reduce the risk of preventable disease throughout the City through the promotion of safe, active living, healthy lifestyles. Healthy LE is comprised of programming, policy development, infrastructure improvements, and community collaboration. Successful monthly programming has gained traction with the community and education about healthy decisions has begun to be implemented. In an effort to complement the educational component, proven disease prevention policy measures shall be considered. According to the American Lung Association, smoking is the leading cause of preventable diseases, and restricting the use of tobacco products has resulted in recognizable benefits for public health and medical costs. Smoking has been proven to result in negative health impacts, and exposure to secondhand smoke occurs in a significant levels outdoors. State law sets a precedent by prohibiting within 25 feet of playgrounds and within 20 feet of entryways and government buildings. In addition, state law expressly authorizes local communities to enact additional restrictions. In addition, in November 2016, California voters approved legalizing the use of cannabis. In order to protect citizens from the secondhand smoke impact of this herbal material, in addition to all other smoking materials, the City hereby also addresses the smoking of cannabis in certain public areas. Page 2 of 3 Discussion In accordance with the City’s Resolution No. 2014-063, we hereby present for your consideration, the Smoking in Certain Public Areas Ordinance, Chapter 8.14 of the Lake Elsinore Municipal Code. The Ordinance presented before you today is an additional policy measure that restricts smoking in certain public areas throughout the City of Lake Elsinore. The Ordinance would prohibit smoking in the following enclosed and unenclosed places. Enclosed Places: Public property; Places of employment; Public dining areas; Public recreational areas; Service areas; Enclosed areas adjacent to where smoking is prohibited; Enclosed areas that share a ventilation system with areas where smoking is prohibited; and, Enclosed areas where smoking is prohibited by other provisions of this chapter, state law, or federal law. Unenclosed Places: Places of employment; Public dining areas; Parks; Playgrounds; Beaches; Public recreational areas; Service areas; Public plazas; and, During public events (except as stipulated in the “Exceptions” below). In addition, any person who controls any property, would have the authority to designate a portion or all of their property as a nonsmoking area. Exceptions would be allotted for the following: Designated smoking areas at events; Significant tobacco retailers; Performers during theatrical productions; Private residential property, except where used as a childcare or healthcare facility; Outdoor dining areas; and, Public right-of-ways. The person or organization with legal or de facto control of an area where smoking is prohibited is required to post “No Smoking” or “Smoke Free” Signage in all areas where smoking in prohibited. Staff presents this Ordinance for consideration of this introductory reading of the Smoking in Certain Public Areas Ordinance. Page 3 of 3 Fiscal Impact The City of Lake Elsinore would be required cover the installation and maintenance costs associated with posting “No Smoking” or “Smoke Free” signage where smoking is prohibited on City owned property. The anticipated cost associated with this is an initial cost not to approximately $3,000 and an estimated annual maintenance cost of $200. In addition, the City would be responsible for enforcement of the Ordinance in accordance with standard municipal fine schedule. Staff anticipate the revenue generated from the fines would offset some of the costs associated with the signage installation and maintenance. Exhibits Exhibit A - Resolution ORDINANCE NO. 2017-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADDING MUNICIPAL CODE, CHAPTER 8, SECTION 14, SMOKING IN CERTAIN PUBLIC AREAS WHEREAS, according to the American Lung Association, cigarette smoking is the leading cause of preventable disease and death worldwide and, according to the Centers for Disease Control (CDC), smoking is responsible for more than 440,000 deaths annually in the United States, including deaths from secondhand smoke; and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs; exposure to secondhand smoke causes nearly 50,000 deaths each year among adults in the United States; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors; and WHEREAS, according to the California Department of Public Health, e-cigarettes contain nicotine and e-liquid forms of aerosol found on California’s Proposition 65 list of chemicals known to cause cancer, birth defects, and other reproductive harm; and, WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs; and WHEREAS, creating smoke-free areas helps protect the health of citizens of and visitors to the City of Lake Elsinore from the known dangers of secondhand smoke; and WHEREAS, state law prohibits smoking in places of employment, within 25 feet of playgrounds and tot lots, and within 20 feet of entryways and operable windows of government buildings; and WHEREAS, state law expressly authorizes local communities to enact additional restrictions on smoking; and WHEREAS, there is no Constitutional right to smoke in public places; and WHEREAS, California cities and counties have the legal authority to adopt local laws that make all areas not defined as places of employment subject to local regulation of smoking of tobacco products; and WHEREAS, the City of Lake Elsinore supports and seeks to protect and promote the health of individuals and their environment; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1. LEMC Chapter 8, Section 14, Smoking In Certain Public Areas, is hereby added as follows: Chapter 8.14, Smoking In Certain Public Areas: EXHIBIT A Ord No. 2017- Page 2 of 6 8.14.010 Definitions. 8.14.020 Prohibition of smoking in enclosed and unenclosed places. 8.14.030 Other requirements and prohibitions. 8.14.010 Definitions. “Beach” means all City-owned public beaches along the lake shoreline. “Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an employee, as defined in this section. “City Manager” means the City Manager of the City of Lake Elsinore or designee. "Public property" means an area that is owned, operated, controlled or under the jurisdiction of the City, including areas that a business has the use of, with or without the benefit of an encroachment permit. “Dining area” means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink. “Electronic cigarette” means an electronic and/or battery-operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of nicotine or other substances and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vape device, or any other product name or description. “Electronic cigarette” does not include any inhaler prescribed by a licensed doctor. “Employee” means any person who is employed; retained as an independent contractor by any employer, as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit, or volunteer entity. “Employer” means any person, partnership, corporation, and association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers. “Enclosed” means: 1.Any covered or partially covered space having more than fifty percent of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or 2.Any space open to the sky (hereinafter “uncovered”) having more than seventy-five percent of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand square feet or more is not enclosed, such as, for example, a field in an open-air arena. EXHIBIT A Ord No. 2017- Page 3 of 6 “Park” means any community park, neighborhood park, special use park, or any other recreational facility maintained by the City of Lake Elsinore. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Place of employment” means any area under the legal or de facto control of an employer, business, or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities and warehouses. “Public plaza” means a publicly owned square or open area, including but not limited to, for example, courtyards, plazas, and promenades. "Public recreational area" means any public property for recreational purposes, including, but not limited to, parks, beaches, gardens, sporting facilities, stadiums, playgrounds, trails, bike paths, skateboard parks, amusement parks, and beaches controlled or used by the City and open to the general public for recreational purposes, regardless of any fee or age requirement. “Public right-of-way” means any publicly owned right-of-way for transportation purposes, including, but not limited to, streets, highways, alleys, parkways, sidewalks, or parking lots designed to be used or is regularly used by one or more persons for transportation. “Reasonable distance” means a distance of 10 feet in any direction from an area in which smoking is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will enter nonsmoking areas. “Service area” means any public or privately owned area used to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. The term "service area" also includes, but is not limited to, areas at and adjacent to information kiosks, automated teller machines (ATMs), ticket lines, transit depots, bus stops or shelters, mobile vendor lines or cab stands. “Significant smoking retailer” means any smoking related retailer that derives seventy-five percent or more of gross sales receipts from the sale or exchange of smoking related products and smoking related paraphernalia. “Smoking” or “to smoke” means holding or possessing a lit engaging in the lighting of a pipe, hookah, cigar, cigarette, joint, or similar type of device containing tobacco, tobacco product, nicotine, cannabis, spices, or any other plant or herbal material, or operating an electronic cigarette, or similar type of device. 8.14.020 Prohibition of smoking in enclosed and unenclosed places. A.Enclosed Places. Smoking and the disposal of smoking related products is prohibited in enclosed public property, places of employment, public dining areas, public recreational areas, service areas, enclosed areas adjacent to areas where smoking is EXHIBIT A Ord No. 2017- Page 4 of 6 prohibited, enclosed areas that share a ventilation system with areas where smoking is prohibited, and enclosed areas where smoking is prohibited by any other provision of this chapter, state law, or federal law and have a common or shared air space within the City of Lake Elsinore as such places are defined and regulated pursuant to California Labor Code Section 6404.5, which is hereby incorporated by reference as if fully set forth herein, except in places listed in Subsection C of Section 8.14.020, and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies. B.Unenclosed Places. Smoking and the disposal of smoking related products is prohibited in unenclosed places of employment, public dining areas, parks, playgrounds, beaches, public recreational areas, service areas, public plazas, and during public events, except in places listed in Subsection C of Section 8.14.020, and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies. C.Unless otherwise prohibited by law, smoking is permitted in the following locations: 1.Designated smoking areas set apart from and no larger than 25% of an entire event area; 2.Significant smoking related retailers, if minors are prohibited at all times from entering the store; 3.By performers during theatrical productions, if smoking is a part of the theatrical production; 4.Private property, except when or used as a childcare or health care facility subject to licensing requirements and children, patients, or employees are present; 5.Outdoor dining areas of businesses operating under an on-sale license for public premises issued by the California Department of Alcoholic Beverage Control. Such outdoor dining areas are exempt from the reasonable distance clause requirement stated in Section 8.14.010. 6.Public right-of-way areas. 8.14.030 Other requirements and prohibitions. A. No person, employer, or nonprofit entity shall permit smoking or the placement of ash receptacles, in an area which is under the legal or de facto control of that person, employer or nonprofit entity and in which smoking is prohibited by law, unless otherwise required by state or federal law. B. Notwithstanding any other provision of this chapter, any owner, landlord, employer, business, nonprofit entity or other person who controls any property, establishment or place of employment regulated by this chapter may declare any part of such area in which smoking would otherwise be permitted to be a nonsmoking area. EXHIBIT A Ord No. 2017- Page 5 of 6 C. A person, employer, or nonprofit entity that has legal or de facto control of an area in which smoking is prohibited by this Chapter shall post a clear, conspicuous and unambiguous "No Smoking" or "Smoke Free" sign at each point of ingress to the area, and in at least one other point within the area. For purposes of this section, the City Manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this Chapter. D. No person, employer, or nonprofit entity shall intimidate or threaten for the purpose of retaliating against another person who seeks to attain compliance with this Chapter. Section 2: Severability. 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 Ordinance 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 3: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. Section 4:Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law. EXHIBIT A Ord No. 2017- Page 6 of 6 PASSED AND ADOPTED this __day of , 2017. Robert Magee Mayor Attest:Approved as to Form Susan M. Domen, MMC, City Clerk Barbara Leibold, City Attorney 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-was duly and regularly passed and adopted by the City Council of the City of Lake Elsinore at its regular meeting held on the day of , 2017, by the following vote: AYES: NOES: ABSENT: I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the _____ day of _, 2017. Susan M. Domen, MMC City Clerk