HomeMy WebLinkAbout_City Council Agenda PacketCity Council / Successor Agency
City of Lake Elsinore
Regular Agenda
183 North Main Street
Lake Elsinore, CA 92530
Robert E. Magee, Mayor/Chair
Natasha Johnson, Mayor Pro Tem/Vice-Chair
Daryl Hickman, Council Member/Agency Member
Steve Manos, Council Member/Agency Member
Brian Tisdale, Council Member/Agency Member
Cultural Center7:00 PMTuesday, November 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 Spectrum Cable Station Channel 29 and Frontier subscribers can view the meetings on Channel
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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
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 11/9/2017
November 14, 2017City Council / Successor Agency Regular Agenda
CALL TO ORDER 5:00 P.M.
ROLL CALL
PUBLIC COMMENTS
CLOSED SESSION
City Council
1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
2 potential cases
2) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 2 potential cases
Successor Agency
1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
1 potential case
RECESS TO CLOSED SESSION
RECONVENE/CALL TO ORDER - 7:00 P.M.
PLEDGE OF ALLEGIANCE
INVOCATION – MOMENT OF SILENCE
ROLL CALL
PRESENTATIONS / CEREMONIALS
1)Business of the Quarter
2)Citizen of the Quarter
3)Girl Scout Troop 1124 Recognition
CLOSED SESSION REPORT
PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 1 MINUTE
(Please read & complete a Request to Address the City Council/Successor Agency form
prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or
City Clerk/Clerk will call on you to speak.)
Page 2 City of Lake Elsinore Printed on 11/9/2017
November 14, 2017City Council / Successor Agency Regular Agenda
CONSENT CALENDAR
(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)CC Warrant List Dated October 26, 2017
Recommendation:Receive and file.
Warrant - SR
Warrant - Exhibit A - Summary
Warrant - Exhibit B - List
Attachments:
2)CC Minutes for the Regular Meeting of September 26, 2017
Recommendation:Approve the minutes.
9-26-17Attachments:
3)Lake Elsinore, Perris and Menifee Agreement for the I-15/Nichols Road
Interchange to the I-215/Ethanac Road Corridor Study
Recommendation:Authorize the City Manager to execute the Cooperative Agreement between Riverside
County and the Cities of Lake Elsinore, Perris and Menifee for the I-15/Nichols Road
Interchange to the I-215/Ethanac Road Corridor Study.
Ethanac Nichols Corridor Study - SR
Ethanac Nichols Agreement - Exhibit A
Attachments:
4)Cooperative Agreement State SHOPP Minor Funds Contribution for
I-15/MainStreet
Recommendation:Authorize the City Manager to execute the Agreement in the amount of $476,000.
State SHOPP Funds - SR
State SHOPP Funds - Exhibit A
Attachments:
5)Uniform Guidance Procurement Extension
Recommendation:Authorize a one-year grace period extension to allow for the implementation of the new
Federal Uniform Guidance Procurement Standards.
Uniform Guidance Procurement - SRAttachments:
6)Lakeshore Drive Parking Lot CIP Project No. Z10027
Recommendation:Authorize the City Manager to execute a Public Works Construction Agreement with
Roadway Engineering & Contracting Inc. in the amount of $190,138.60 in such final form
as approved by the City Attorney; and, to execute change orders not to exceed the 15
percent contingency amount of $28,520.79; and, authorize the City Clerk 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.
Lakeshore Drive Parking Lot -SR
Lakeshore Drive Parking Lot - Exhibit A Agreement
Lakeshore Drive Parking Lot - Exhibit B Proposal
Attachments:
Page 3 City of Lake Elsinore Printed on 11/9/2017
November 14, 2017City Council / Successor Agency Regular Agenda
7)Amendment No. 2 to the Professional Services Agreement (PSA) with
Engineering Resources of Southern California Inc.
Recommendation:Authorize the City Manager to execute Amendment No. 2 to the PSA in an amount not
to exceed $32,460.00.
Engineering Resources - SR
Engineering Resources - Exhibit A Agreement 5/31/2016
Engineering Resources - Exhibit B First Amendment 2/14/2017
Engineering Resources - Exhibit C Second Amendment
Engineering Resources - Exhibit D Proposal
Attachments:
8)Conference Room and Outdoor Furniture for the RV Campground
Project, and Office Furniture and Equipment
Recommendation:Authorize the City Manager to execute a Purchase Order in the amount of $150,000.00
with Tanagram Interiors.
Tangram - SRAttachments:
9)Design and Build of Special Enhancements and Effects at the RV
Campground Rehabilitation Project (CIP PROJECT #Z40007) Design and
Build Agreement with PlainJoe Studios
Recommendation:Authoritze the City Manager to execute the agreement in an amount not to exceed
$565,622.26 in such final form as approved by the City Attorney; and, authorize the City
Manager to execute Change Orders not to exceed a 10 percent contingency amount of
$56,562.23 for uncertainties and adjustments.
PlainJoe - SR
PlainJoe - Exhibit A Agreement
PlainJoe - Exhibit B Proposal
Attachments:
SUCCESSOR AGENCY CONSENT CALENDAR
1)SA Warrant List Dated October 26, 2017
Recommendation:Receive and file.
Warrant - SR
Warrant - Exhibit A - Summary
Warrant - Exhibit B - List
Attachments:
2)SA Minutes for the Regular Meeting of October 10, 2017
Recommendation:Approve the minutes.
10-10-17 Successor Agency MinutesAttachments:
PUBLIC HEARING(S) - City Council Only
10)Issuance of Community Facilities District 2003-2 (Canyon Hills
Improvement Area B) Special Tax Bonds 2017 Series
Page 4 City of Lake Elsinore Printed on 11/9/2017
November 14, 2017City Council / Successor Agency Regular Agenda
Recommendation:This is a duly noticed Public Hearing. Staff is requesting it be continued to a date
specific, on November 28, 2017. The Public Hearing shall be opened and allow for Public
Comment, prior to consideration for continuance.
11)Formation of Community Facilities District No. 2017-1 (Mission Trails
Services) of the City of Lake Elsinore
Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MISSION TRAILS SERVICES) OF THE CITY OF LAKE ELSINORE, AUTHORIZING THE
LEVY OF A SPECIAL TAX THEREIN, CALLING AN ELECTION AND APPROVING AND
AUTHORIZING CERTAIN ACTIONS RELATED THERETO; and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES
DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES); and,
introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MISSION TRAILS SERVICES) OF THE CITY OF LAKE ELSINORE AUTHORIZING THE
LEVY OF SPECIAL TAXES
CFD 2017-1 Mission Trails - SR
CFD 2017-1 Mission Trails - Exhibit A Reso Establishing CFD No. 2017-1
CFD 2017-1 Mission Trails - Exhibit A1 Rate and Method
CFD 2017-1 Mission Trails - Exhibit A2 Ballot
CFD 2017-1 Mission Trails - Exhibit B Reso Certifying Election Results
CFD 2017-1 Mission Trails - Exhibit C Ordinance
CFD 2017-1 Mission Trails - Exhibit D Certificate of Registrar Voters
CFD 2017-1 Mission Trails - Exhibit E Project Map
CFD 2017-1 Mission Trails - Exhibit F NOPH
Attachments:
12)Election for Annexation Proceedings for Annexation No. 5 Into
Community Facilities District No. 2015-2 (Maintenance Services) for
Mission Trails Apartments
Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS
THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE
SERVICES) (ANNEXATION NO. 5); and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES
DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 5)
Page 5 City of Lake Elsinore Printed on 11/9/2017
November 14, 2017City Council / Successor Agency Regular Agenda
CFD No. 2015-2 - SR
CFD No. 2015-2 - Exhibit A Reso Calling an Election
CFD No. 2015-2 - Exhibit A1 Rate and Method
CFD No. 2015-2 - Exhibit A2 Ballot
CFD No. 2015-2 - Exhibit B Reso Declaring Election Results
CFD No. 2015-2 - Exhibit C Certificate of Election Results
CFD No. 2015-2 - Exhibit D Certificate of Registrar Voters
CFD No. 2015-2 - Exhibit E Project Map
CFD No. 2015-2 - Exhibit F NOPH
Attachments:
13)Tentative Tract Map No. 37381 and Tentative Tract Map No. 37382
(Wasson Canyon)
Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37381 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 TENTATIVE TRACT MAP NO. 37381 SUBDIVIDING 19.54
ACRES INTO 73 SINGLE-FAMILY RESIDENTIAL LOTS AND FIVE LETTERED LOTS
FOR OPEN SPACE AND A DETENTION BASIN; and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37382 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 TENTATIVE TRACT MAP NO. 37382 SUBDIVIDING 55.06
ACRES INTO 199 SINGLE-FAMILY RESIDENTIAL LOTS AND 23 LETTERED LOTS
FOR A 5.6-ACRE PARK, OPEN SPACE, UTILITY EASEMENTS, AND DETENTION
BASINS
Page 6 City of Lake Elsinore Printed on 11/9/2017
November 14, 2017City Council / Successor Agency Regular Agenda
TTM 37381 & TTM 37382 - SR
TTM 37381 & TTM 37382 - Exhibit A TTM37381 MSHCP Reso
TTM 37381 & TTM 37382 - Exhibit B TTM37381 Reso
TTM 37381 & TTM 37382 - Exhibit C TTM 37381 CofA
TTM 37381 & TTM 37382 - Exhibit D TTM37382 MSHCP Reso
TTM 37381 & TTM 37382 - Exhibit E TTM37382 Reso
TTM 37381 & TTM 37382 - Exhibit F TTM 37382 CofA
TTM 37381 & TTM 37382 - Exhibit G Vicinity Map
TTM 37381 & TTM 37382 - Exhibit H Aerial Map
TTM 37381 & TTM 37382 - Exhibit I Land Use Map
TTM 37381 & TTM 37382 - Exhibit J Illustrative Map
TTM 37381 & TTM 37382 - Exhibit K TTM37381
TTM 37381 & TTM 37382 - Exhibit L TTM 37382
TTM 37381 & TTM 37382 - Exhibit M Correspondence
Attachments:
14)Planning Application 2017-012: A Proposed Amendment to the City of
Lake Elsinore Municipal Code, Title 17 Zoning, Chapter 17.156 Medical
Marijuana Dispensaries
Recommendation:adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING AND REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER
17.156, OF THE LAKE ELSINORE MUNICIPAL CODE CANNABIS DISPENSARIES
AND CULTIVATION WITH TITLE 17, CHAPTER 17.156 CANNABIS USES WITHIN THE
M-2 ZONE DISTRICT
or,
adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING AND REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER
17.156, OF THE LAKE ELSINORE MUNICIPAL CODE CANNABIS DISPENSARIES
AND CULTIVATION WITH TITLE 17, CHAPTER 17.156 CANNABIS USES WITHIN THE
M-1 AND M-2 ZONE DISTRICTS
PA 2017-012 - SR
PA 2017-012 - Exhibit A M1 and M2 Location Maps
PA 2017-012 - Exhibit B Exisiting Code
PA 2017-012 - Exhibit C Draft Ordinance M-2
PA 2017-012 - Exhibit D Draft Ordinance M-1 & M-2
Attachments:
PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 3 MINUTES
(Please read & complete a Request to Address the City Council/Successor Agency form
prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or
City Clerk/Clerk will call on you to speak.)
CITY MANAGER COMMENTS
CITY COUNCIL COMMENTS
Page 7 City of Lake Elsinore Printed on 11/9/2017
November 14, 2017City Council / Successor Agency Regular Agenda
ADJOURNMENT
The Lake Elsinore City Council will adjourn to the Regular meeting of Tuesday, November 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 November 9, 2017.
__________________________
Susan M. Domen, MMC
City Clerk
Page 8 City of Lake Elsinore Printed on 11/9/2017
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-403
Agenda Date: 11/14/2017 Status: Presentation/CeremonialVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 1)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-404
Agenda Date: 11/14/2017 Status: Presentation/CeremonialVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 2)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-405
Agenda Date: 11/14/2017 Status: Presentation/CeremonialVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 3)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-406
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: WarrantsIn Control: City Council / Successor Agency
Agenda Number: 1)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Subject:Warrant List Dated October 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.
Attachments:
Exhibit A -Warrant Summary
Exhibit B -Warrant List
OCTOBER 26, 2017 CITY OF LAKE ELSINORE WARRANT
SUMMARY
FUND#FUND DESCRIPTION TOTAL
100 GENERAL 864,414.90$
110 GAS TAX 9,993.69
121 TOTAL ROAD IMPROVEMENT PROGRAM 137,934.44
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 36,663.37
135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 3,368.43
205 TRAFFIC IMPACT FEE 251,534.96
300 INSURANCE SERVICE 415.18
305 INFORMATION SYSTEMS SERVICE 21,718.52
315 FLEET SERVICE 30,603.79
320 FACILITIES SERVICE 19,989.36
500 CAPITAL IMPROVEMENT PLAN 589,054.32
608 TRUST DEPOSITS 544,199.48
617 HOUSING 6,123.50
620 COST RECOVERY TRUST DEPOSITS 7,453.42
GRAND TOTAL 2,523,467.36$
Exhibit A 1 of 1
OCTOBER 26, 2017 CITY OF LAKE ELSINORE WARRANT LIST
WARRANT#VENDOR NANE TOTAL
499-501 AMERICAN MATERIAL COMPANY 2,109.33$
502 BMW MOTORCYCLES OF RIVERSIDE 409.62
503 YARABITH BUENFIL 1,241.25
504-505 DENNIS JANDA, INC.21,600.00
506 ENGINEERING RESOURCES OF SO CA 9,825.75
507 MAPLES & ASSOCIATES, INC.21,865.00
508 NPG, INC.7,346.25
509 REC1 225.24
510 SILVER & WRIGHT, LLP 18,025.67
511 VISION TECHNOLOGY SOLUTION, LLC 210.00
512-513 ENDRESEN DEVELOPMENT, LLC 34,497.48
514 MAPLES & ASSOCIATES, INC.139,089.32
130180 VOID-GRAHAM NADIN (83.00)
131623 I.C.M.A. RETIREMENT TRUST 77,738.03
131624 LIUNA LOCAL 777 588.00
131625 UNITED WAY OF THE INLAND VALLEY 25.00
131626 ALBERT WEBB & ASSOCIATES 8,711.70
131627 AMERICAN EAGLE TROPHIES 459.02
131628 ANIMAL FRIENDS OF THE VALLEY 20,634.28
131629 APPLE ONE 464.75
131630 BUCKNAM INFRASTRUCTURE GROUP, INC.26,238.77
131631 CALIFORNIA, DEPARTMENT OF JUSTICE 160.00
131632 CHANDLER AGGREGATES, INC.2,184.37
131633 CMS BUSINESS FORMS, INC.1,608.46
131634 COUNTY OF RIVERSIDE, EXECUTIVE OFFICE 66,488.73
131635 DMC ENTERPRISES 78,563.25
131636 DUNBAR ARMORED, INC.350.45
131637 E. V. M. W. D.702.50
131638-131641 E. V. M. W. D.59,098.77
131642 FIRST AMERICAN TITLE COMPANY 450.00
131643 FRONTIER CALIFORNIA - INTERNET 356.98
131644 FRONTIER CALIFORNIA, INC.104.20
131645 GOLDEN STATE BAIT, INC.5,000.00
131646 IMPACT PROMOTIONAL PRODUCTS 347.16
131647 INLAND URGENT CARE, MEDICAL CORP.245.00
131648 IRON MOUNTAIN, INC.127.13
131649 J & S STRIPING COMPANY, INC.6,292.04
131650 LAI GROUP 4,836.92
131651 LAKE PARK RV RESORT, LLC 1,100.00
131652 LEIBOLD, MCCLENDON & MANN, PC 57,897.56
131653 MANPOWER TEMP SERVICES 2,613.41
131654 MARK V PRODUCTS 642.62
131655 GRAHAM NADIN 83.00
131656 NATIONAL CONSTRUCTION RENTALS, INC.1,438.46
131657-131660 PARDEE HOMES 544,199.48
131661 PATIO GUY 1,023.00
Exhibit B 1 OF 3
OCTOBER 26, 2017 CITY OF LAKE ELSINORE WARRANT LIST
WARRANT#VENDOR NANE TOTAL
131662 THE PRESS ENTERPRISE 181.50
131663 PRUDENTIAL OVERALL SUPPLY 29.36
131664 QUINN COMPANY 2,368.63
131665 RIGHTWAY SITE SERVICES, INC.113.49
131666 RIVERSIDE COUNTY INFORMATION TECH 984.95
131667 SECURITY NETWORK, INC.555.00
131668 SOUTHERN CALIFORNIA EDISON CO.260.32
131669 SPECIAL EVENT SAFETY SEMINARS 599.00
131670 SPRINT 50.00
131671 STAPLES BUSINESS ADVANTAGE 407.38
131672 STAPLES CREDIT PLAN 89.20
131673 STAUFFER'S LAWN EQUIPMENT 59.41
131674 TIME WARNER CABLE 119.99
131675 TIME WARNER CABLE 229.94
131676 TIME WARNER CABLE 269.99
131677 TYLER TECHNOLOGIES, INC.1,137.50
131678 UNITED PARCEL SERVICE 101.50
131679 UTILITY COST MANAGEMENT, LLC 3,409.93
131680 VENUS PRINTING 429.92
131681 VILLAGE EQUIPMENT RENTALS, INC.150.10
131682 VULCAN MATERIALS COMPANY 339.47
131683 WALLIS CONCRETE, LLC 116,463.60
131684 WALMART COMMUNITY 133.08
131685 WEST COAST ARBORISTS, INC.10,606.00
131686 WESTERN RIVERSIDE COUNCIL OF GOVT'S 4,800.11
131687 WILLIAMS BAIT & TACKLE, INC.30,648.00
131688 JAMES WOODLAND 213.00
131689 Z BEST BODY & PAINT SHOPS, INC.4,166.81
131690 RAYO WHOLESALE, INC.9,741.24
131691 ALBERT WEBB & ASSOCIATES 2,218.75
131692 ALLEGRA MARKETING PRINT MAIL 409.45
131693 BATTERY SYSTEMS, INC.433.00
131694 CALIFORNIA HIGHWAY ADOPTION CO.550.00
131695 CDW GOVERNMENT, INC.4,532.90
131696 DISCOUNT HAULING & CLEANUP SERVICE 11,798.00
131697 DM CONTRACTING, INC.12,506.91
131698-131701 E. V. M. W. D.32,981.51
131702 EAGLE ROAD SERVICE & TIRE 162.68
131703 EXCEL LANDSCAPE, INC.69,299.00
131704 GALLS, LLC 1,137.23
131705 GEOVIRONMENT CONSULTING 2,225.00
131706 MELISSA HOUTZ 173.54
131707 IMPACT PROMOTIONAL PRODUCTS 985.22
131709 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 10,300.00
131710 MANPOWER TEMP SERVICES 2,488.45
131711 MILLENNIUM ALARM SYSTEMS, INC.2,133.00
Exhibit B 2 OF 3
OCTOBER 26, 2017 CITY OF LAKE ELSINORE WARRANT LIST
WARRANT#VENDOR NANE TOTAL
131712 MUNITEMPS 3,960.00
131713 NATIONAL CONSTRUCTION RENTALS, INC.1,638.34
131714 NV5, INC.15,501.98
131715 GUS PAPAGOLOS 18,937.50
131716-131717 PETTY CASH - CITY OF LAKE ELSINORE 748.51
131718 GENARO & MABLE PRATS 2,074.79
131719-131720 THE PRESS ENTERPRISE 1,250.30
131721 PRUDENTIAL OVERALL SUPPLY 907.87
131722 RIVERSIDE COUNTY, TRANSPORTATION AND LAND MANAGEMENT 2,500.54
131723 ROBBINS PEST MANAGEMENT, INC.2,250.00
131724 SCOTT FAZEKAS & ASSOCIATES, INC.3,650.91
131725 SHADE STRUCTURES, INC.59,026.42
131726 SHRED-IT USA, LLC 84.00
131727-131730 SOUTHERN CALIFORNIA EDISON CO.10,053.46
131731 STAPLES BUSINESS ADVANTAGE 89.07
131732 SUNBELT RENTALS, INC.3,819.81
131733 TEAM AUTOAID, INC.475.02
131734 TIME WARNER CABLE 83.42
131735 TIME WARNER CABLE 139.97
131736 TIME WARNER CABLE 97.97
131737 TRILOGY ATHLETICS 39.11
131738 UNITED PARCEL SERVICE 42.91
131739 WALMART COMMUNITY 116.68
131740 WELLS FARGO BANK, N.A.137,934.44
131741 JOE ZAHABI 1,515.72
131742 CALPERS 69,536.09
131742 VOID-CALPERS (69,536.09)
131744 COLONIAL LIFE 512.12
131745 GUARDIAN 12,621.82
131746 LEGAL SHIELD 139.50
131747 STANDARD INSURANCE COMPANY 1,161.16
131748 VISION SERVICE PLAN 1,399.02
DFT000001347 PAYCHEX OF NEW YORK, LLC 217.35
DFT000001350 SOUTHERN CALIFORNIA ESCROW, INC.251,534.96
DFT000001351 PAYCHEX OF NEW YORK, LLC 984.19
DFT000001352 TASC 2,838.01
DFT000001353 FRANCHISE TAX BOARD 97.76
DFT000001354 STATE DISBURSEMENT UNIT 224.77
DFT000001355 INTERNAL REVENUE SERVICE 190.00
DFT000001356 INTERNAL REVENUE SERVICE 143,875.47
DFT000001357 FRANCHISE TAX BOARD 26,660.61
DFT000001358 CALPERS 36,617.75
DFT000001359 THE L.I.U. OF N.A.1,175.80
DFT000001361 CALPERS 136,614.23
DFT000001362 CALPERS 69,536.09
GRAND TOTAL 2,523,467.36$
Exhibit B 3 OF 3
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-407
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 2)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Page 1 of 4
City of Lake Elsinore
Meeting Minutes
City Council
Tuesday, September 26, 2017
Call to Order 6:00 p.m.
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 6:00 p.m. by Mayor Magee, with all
Members present. There being no members of the public appearing to speak, the meeting recessed at
6:01 p.m. to Closed Session.
Closed Session
1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov’t Code Section 54956.8)
Property: APN 347-110-089
Agency negotiator: City Manager Yates
Negotiating parties: City of Lake Elsinore and RCTC
Under negotiation: Price and terms of payment
2) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section
54956.9:) 1 potential case
Reconvene
The meeting was reconvened at 7:02 p.m. by Mayor Magee.
Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Magee.
Invocation – Moment of Silence
Mayor Magee requested a moment of silence.
Roll Call
Present: Council Members/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 is nothing to report out.
Page 2 of 4
Public Comments – Non-Agendized Items – 1 Minute
Appearing to comment were: Ace Vallejos, Sharon Gallina and Paulie Tehrani.
Consent Calendar
It was moved by Mayor Pro Tem Johnson, seconded by Council Member Tisdale, and unanimously
carried, to approve the Consent Calendar.
1) CC Warrant List for September 14, 2017 – received and filed.
2) Investment Report for August 2017 – received and filed.
3) Waive further reading and adopt by title only Ordinance No. 2017- 1381 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.83
TO UPDATE THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF) PROGRAM
4) Waive further reading and adopt by title only Ordinance No. 2017- 1382 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING A
DEVELOPMENT AGREEMENT FOR AN 163 DETACHED CONDOMINIUM DEVELOPMENT,
LOCATED ON APPROXIMATELY 20 ACRE PROJECT SITE
5) Western Riverside County Regional Conservation Authority Independent Accountant's Report for
the Fiscal Year 2015-2016 – received and filed.
6) Golden State Bait Service Contract for Fish Stocking Services - authorized the City Manager to
execute the service contract for fish stocking services in an amount not to exceed $50,000.00 with
Golden State Bait as approved by the City Attorney.
7) Purchase of Musco Lighting LED Retrofit at Tuscany Hills Park - approved and authorized the City
Manager to execute a purchase order agreement in an amount not to exceed $171,500.00 to retrofit
existing Field Lighting at Tuscany Hills Park with Musco LED Lighting piggybacking on the Joint
Purchasing Cooperative agreement with National Joint Powers Alliance (NJPA).
8) Purchase of Office Furniture & Equipment from Tangram – approved and authorized the City
Manager to execute a purchase order agreement for an amount not to exceed $52,065.83 to
Tangram Interiors for office furniture and equipment by piggybacking on the Joint Purchasing
Cooperative agreement with National Joint Powers Alliance (NJPA).
9) Day of the Dead Celebration Approval for Street Closures and Municipal Code Exemption -
approved temporary street closures for the Day of the Dead event on October 28, 2017; and,
approved exemption to the Lake Elsinore Municipal Code (LEMC) Chapter 9.28 Public
Consumption of Alcoholic Beverages at City Park during the event hours.
10)Final Map 31920-14, Marisol at Summerly, Richmond American Homes - approved Final Map No.
31920-14 subject to the City Engineer’s acceptance as being true and correct; and, authorized the
City Clerk to sign the map and arrange for the recordation of Final Map No. 31920-14; and,
authorized the City Manager to sign the subdivision agreement in such form as approved by the
City Engineer and City Attorney to secure completion of the monumentation and improvements.
Page 3 of 4
11) Purchase of Concession Trailer and Equipment for RV Park - authorized the City Manager to
Execute a Purchase Order in an amount not to exceed $77,223.00 plus applicable taxes and
delivery costs for an equipped concession trailer from Russell Concessions.
12) Annexation No. 5 Into Community Facilities District (CFD) No. 2015-2 (Maintenance Services) for
Mission Trails Apartments – adopted the Resolution.
Resolution No. 2017 – 108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES
DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 5) AND AUTHORIZING THE LEVY OF SPECIAL TAXES
13) Planning Application No. 2017-44 (Alder at Summerly) - Design Review for 65 Single-Family
Residential Units located within the Summerly Development of the East Lake Specific Plan –
adopted the Resolutions.
Resolution No. 2017 - 109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
FINDING THAT PLANNING APPLICATION NO. 2017-44 (RESIDENTIAL DESIGN REVIEW NO.
2017-18) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP); and,
Resolution No. 2017 - 110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING PLANNING APPLICATION NO. 2017-44 (RESIDENTIAL DESIGN REVIEW NO.
2017-18) PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR 65 SINGLE-
FAMILY RESIDENTIAL UNITS LOCATED WITHIN TRACT 31920-15 OF THE SUMMERLY
DEVELOPMENT OF THE EAST LAKE SPECIFIC PLAN (APN: 371-270-020)
14) Formation of Community Facilities District (CFD) No. 2017-1 (Mission Trails Services) – adopted
the Resolution.
Resolution No. 2017 - 111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MISSION TRAILS SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX ON PROPERTY
WITHIN THE DISTRICT FOR PROVIDING PUBLIC SERVICES
Public Comments – Non-Agendized Items
There was no response to the Mayor's invitation for public comment.
City Council Comments
Council Member Manos reported that he attended the League of California Cities Annual conference in
Sacramento and provided an update on the legislation SB35 and SB649; announced the last car cruise
of the year is on September 30
th.
Council Member Hickman wished everyone a Happy Yom Kippur; announced a citywide clean-up
October 19 and the Alberhill Ranch garage sale; provided an update on the standings of the high
school football teams; and, announced the Howl-O-Ween Spooktacular event on October 20
th.
Page 4 of 4
Council Member Tisdale stated that he will research the statistics on the hepatitis epidemic and drug
use; reminded everyone to purchase their Memorial bricks by September 29th; announced that it is
National Preparedness month and reminded everyone to get prepared, the Amazing Outlet Race will be
on October 14th, the Riverside County Transportation Commission is providing another $745,000.00 for
pedestrian and bike safety projects, and the Serenity Park Fitness Trail will be opening in October.
Mayor Pro Tem Johnson wished Council Member Tisdale a Happy Birthday; provided an update on the
Homeless Task Force; and, announced that she will be going to International Council of Shopping
Centers in October.
Mayor Magee stated he has asked the Police Chief to set up motor patrols on violators of truck traffic
on Nichols Road; noted that the Albatross aircraft has been practicing on Lake Elsinore, and the
Assistance League's Operation School Bell provided over 100 Lake Elsinore Unified School District
children with new school clothes; and, announced the Field of Screams will open on October 6
th at
Diamond Stadium and, noted the meeting will adjourn in honor of Lianne Dennstedt.
Adjournment
The meeting adjourned at 7:26 p.m. to the Regular meeting of Tuesday, October 10, 2017, at 7:00 p.m.
in the Cultural Center located at 183 N. Main Street, Lake Elsinore, in honor of Lianne Dennstedt.
____________________________
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# 17-408
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 3)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Nichols/Ethanac Corridor Study
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Brad Fagrell, City Engineer
Date:November 14, 2017
Subject:Approve Lake Elsinore, Perris and Menifee Agreement for the I-15/Nichols
Road Interchange to the I-215/Ethanac Road Corridor Study
Recommendation
Approve and authorize the City Manager to execute the Cooperative Agreement between
Riverside County and the Cities of Lake Elsinore, Perris and Menifee for the I-15/Nichols Road
Interchange to the I-215/Ethanac Road Corridor Study.
Background
On January 17, 2017, the County entered into an agreement with the Riverside County
Transportation Commission (RCTC) titled ‘’Agreement with the County of Riverside for the
Funding of Measure A Western County New Corridors Improvement Study of the Ethanac
Road/State Route 74 (SR-74)/Nichols Road Corridor Project”. The terms of that agreement
provide funding in the amount of $2,000,000 to perform the study. The funding required for the
full study is split with RCTC providing $2,000,000 and Local Agencies providing the remaining
$1,000,000. On March 7, 2017, the County entered into an agreement with Michael Baker
International titled “Engineering Services Agreement for El Toro Ethanac Expressway Project
Corridor Development Planning Study between County of Riverside Transportation Department
and Michael Baker International”. The terms of the agreement stipulate that the firm of Michael
Baker International will provide environmental and engineering consulting services necessary to
complete the Corridor Development Planning Study (for a fee not to exceed $1,500,000).
Discussion
The initial focus of the Corridor Study will be to evaluate extending Ethanac Road to connect to
State Route 74 and to evaluate connecting the Nichols Road and Interstate 15 Interchange to
State Route 74 by means of new road. Subsequent analysis will determine the impacts to other
segments of the corridor and will make recommendations for improvements that are needed to
make the corridor function efficiently between Interstate I5 and Interstate 215.
Nichols/Ethanac Corridor Study
Page 2 of 2
Fiscal Impact
The County will contribute $475,000 in funding towards the cost of the Corridor Study. The
Cities of Lake Elsinore, Perris and Menifee will each contribute $175,000 in funding towards the
cost of the Corridor Study, which shall be deposited with County within thirty (30) days of full
execution of this Agreement. Funds are allocated in the Capital Improvement Budget for the
City’s contribution to the Corridor Study.
Exhibits
A – Agreement
EXHIBIT "A"
Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Study
Interagency Cooperative Agreement 1
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AGREEMENT BY AND BETWEEN
RIVERSIDE COUNTY
AND
THE CITIES OF LAKE ELSINORE, PERRIS AND MENIFEE
FOR
A CORRIDOR DEVELOPMENT PLANNING STUDY
CONNECTING
THE I-15 & NICHOLS ROAD INTERCHANGE TO THE I-215 & ETHANAC ROAD INTERCHANGE
This AGREEMENT, effective on _______________________________, by and between the COUNTY of
Riverside, acting through its Transportation Department, referred to hereinafter as COUNTY, and the Cities of
Lake Elsinore, Perris and Menifee, hereinafter individually referred to as a CITY and collectively referred to as
CITIES. COUNTY AND CITIES are sometimes collectively referred to hereinafter as PARTIES.
RECITALS
A. On January 17, 2017, COUNTY entered into an agreement with the Riverside County Transportation
Commission (RCTC) titled ‘’Agreement with the County of Riverside for the Funding of Measure A Western
County New Corridors Improvement Study of the Ethanac Road/State Route 74 (SR-74)/Nichols Road
Corridor Project”. The terms of that agreement provide funding in the amount of $2,000,000 to perform the
study. The funding required for the full study is split with RCTC providing $2,000,000 and Local Agencies
providing the remaining $1,000,000.
B. On March 7, 2017, COUNTY entered into an agreement with Michael Baker International titled “Engineering
Services Agreement for El Toro Ethanac Expressway Project Corridor Development Planning Study between
County of Riverside • Transportation Department and Michael Baker International”. The terms of the
agreement stipulate that the firm of Michael Baker International will provide environmental and engineering
consulting services necessary to complete the Corridor Development Planning Study (referred to hereinafter
as CORRIDOR STUDY) for a fee not to exceed $1,500,000.
C. The proposed CORRIDOR STUDY area is located within the jurisdictional Boundaries of the COUNTY and
CITIES as shown on the map attached as Exhibit “A” and incorporated herein by reference.
D. East-west traffic within western Riverside County is currently carried primarily on interstate 10 and State
Routes 60 and 91. These corridors are already experiencing significant gridlock and the situation is projected
Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Study
Interagency Cooperative Agreement 2
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to worsen. The CORRIDOR STUDY is intended to provide guidance on implementing transportation projects
that will improve east/west mobility to the benefit of the PARTIES to this AGREEMENT.
E. PARTIES desire to share in the cost of the Local Agency funding contribution of $1,000,000. The Local
Agency funding contribution shares will be split with the COUNTY contributing $475,000 and each City
contributing $175,000.
F. COUNTY will perform as the Lead Agency and will coordinate the CORRIDOR STUDY with CITIES.
G. The initial focus of the CORRIDOR STUDY will be to evaluate extending Ethanac Road to connect to State
Route 74 and to evaluate connecting the Nichols Road and Interstate 15 Interchange to State Route 74 by
means of new road segments as shown on the map attached as Exhibit “B” and incorporated herein by
reference. Subsequent analysis will determine the impacts to other segments of the corridor and will make
recommendations for improvements that are needed to make the corridor function efficiently between
Interstate I5 and Interstate 215.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as
follows:
1. All recitals are true and correct and incorporated herein by reference.
2. COUNTY will contribute $475,000 in funding towards the cost of the CORRIDOR STUDY.
3. The Cities of Lake Elsinore, Perris and Menifee will each contribute $175,000 in funding towards the cost of
the CORRIDOR STUDY, which shall be deposited with County within thirty (30) days of full execution of this
Agreement.
4. Any savings recognized will be credited or reimbursed, when allowed by policy or law, in proportion to the
amount obligated by each party.
5. Nothing in this AGREEMENT is intended to commit either the COUNTY or CITIES to funding any portion of
CORRIDOR STUDY beyond the funds specifically identified for the CORRIDOR STUDY as described in this
AGREEMENT or shall be construed as obligating COUNTY or CITIES to continue with the CORRIDOR
STUDY, if funds are not available.
6. COUNTY will coordinate with CITIES staff, CITIES councils, community groups and the general public as part
of the outreach effort for the CORRIDOR STUDY. An outreach schedule showing the intended outreach
effort is attached as Exhibit “C” and incorporated herein by reference.
Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Study
Interagency Cooperative Agreement 3
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7. CITIES will issue, upon proper application, the encroachment permits required for the CORRIDOR STUDY
within CITIES right-of-way. CITIES will provide encroachment permits to COUNTY, their contractors,
consultants and agents at no cost.
8. Nothing in this AGREEMENT shall be construed to prevent or preclude COUNTY from expending funds on
the CORRIDOR STUDY prior to the execution of the AGREEMENT, or from being reimbursed for such
expenditures. However, COUNTY understands and acknowledges that any expenditure of funds on the
CORRIDOR STUDY prior to the execution of the AGREEMENT is made at the COUNTY’s sole risk, and that
some expenditures by the COUNTY may not be eligible for reimbursement under this AGREEMENT.
9. The COUNTY shall require, at a minimum, all persons or entities hired to perform the CORRIDOR STUDY to
obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below.
Such insurance shall be maintained throughout the term of this AGREEMENT, or until completion of the
CORRIDOR STUDY, whichever occurs last:
a) Occurrence version commercial general liability insurance or equivalent form with a combined single limit
of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit,
it shall apply separately to the Work or be no less than two times the occurrence limit.
b) Business automobile liability insurance or equivalent form with a combined single limit of not less than
$1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned
automobiles.
c) Errors and omissions liability insurance with a limit of not less than $1,000,000 Professional liability
insurance shall only be required of design or engineering professionals.
d) Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not
less than $1,000,000 each accident.
10. For the term of this AGREEMENT, no member, officer or employee of the COUNTY or CITIES, during the
term of his or her service with the COUNTY or CITIES, as the case may be, shall have any direct interest in
this AGREEMENT, or obtain any present or anticipated material benefit arising therefrom.
11. CITIES and COUNTY shall retain or cause to be retained for audit for a period of three (3) years from the date
of final payment, all records and accounts relating to PROJECT.
12. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by CITIES under or in connection with any work,
Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Study
Interagency Cooperative Agreement 4
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authority or jurisdiction delegated to CITIES under this AGREEMENT. It is further agreed that pursuant to
Government Code Section 895.4, each City shall fully indemnify and hold COUNTY harmless from any
liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by such CITY under or in connection with any work, authority or jurisdiction
delegated to CITIES under this AGREEMENT.
13. Neither CITIES nor any officer or employee thereof shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority
or jurisdiction delegated to COUNTY under this AGREEMENT. It is further agreed that pursuant to
Government Code Section 895.4, COUNTY shall fully indemnify and hold CITIES harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to
COUNTY under this AGREEMENT.
14. This AGREEMENT shall be governed by and construed under the laws of the State of California. Venue shall
be in Riverside COUNTY.
15. If either party commences an action against the other party arising out of or in connection with this
AGREEMENT, the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorneys’ fees and costs of suit.
16. This AGREEMENT constitutes the entire agreement between the PARTIES relating to the subject matter
hereof and supersedes any previous agreements or understandings.
17. The invalidity in whole or in part of any provision of this AGREEMENT shall not void or affect the validity of
any other provision of this AGREEMENT.
18. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination
of this AGREEMENT shall survive any such expiration or termination.
19. There are no intended third party beneficiaries of any right or obligation assumed by the PARTIES.
20. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all
parties and no oral understanding or agreement not incorporated herein shall be binding on the PARTIES.
21. This agreement may be executed in one or more counterparts and when a counterpart shall have been
signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same
instrument.
Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Study
Interagency Cooperative Agreement 5
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ARTICLE VIII • APPROVALS
COUNTY:
_____________________ Dated: __________
PRINTED NAME
Chairman, Riverside County Board of Supervisors
ATTEST:
______________________ Dated: __________
KECIA HARPER-IHEM
Clerk of the Board (SEAL)
CITY OF PERRIS:
_____________________ Dated: ________
PRINTED NAME
TITLE
ATTEST:
_____________________ Dated: ________
PRINTED NAME
TITLE
CITY OF LAKE ELSINORE:
_____________________ Dated: ________
PRINTED NAME
TITLE
ATTEST:
_____________________ Dated: ________
PRINTED NAME
TITLE
CITY OF MENIFEE:
_____________________ Dated: ________
PRINTED NAME
TITLE
ATTEST:
_____________________ Dated: ________
PRINTED NAME
TITLE
LAKE ELSINORE
MENIFEE
PERRIS
CANYON LAKE
NICHOLS ROADNICHOLS ROAD
ETHANAC ROADETHANAC ROAD
LAKE ELSINORE
MENIFEE
PERRIS
CANYON LAKE
Exhibit A: Corridor Study Area
Alignment Options
Corridor Study Area
NICHOLS ROADNICHOLS ROAD
ETHANAC ROADETHANAC ROAD
LAKE ELSINORE
MENIFEE
PERRIS
CANYON LAKE
Exhibit B: Nichols Connection & Ethanac Extension
NEW CONNECTION I-15 to SR-74
Alignment Options
EXTEND ETHANAC TO SR-74 & CONSTRUCT GOOD HOPE WASH CROSSING
EXHIBIT C • OUTREACH SCHEDULE
Ethanac Road and Nichols Road Corridor Development Planning Study
J F M A M J J A S O N D J F M A M J J A S O N D
PROJECT DEVELOPMENT
County Kick-off Project kick-off.County Project Team
Project Team Meetings Discuss and resolve project issues and coordinate activities.County Project Team
STAKEHOLDER COORDINATION
Project Scoping Meetings
Cities Kick-off meeting w/Cities City Engineers (and applicable Technical Staff), County Project
Team
Caltrans Kick-off meeting w/Caltrans Caltrans Planners & Local Assistance Staff, County Project Team
Alternative Screening Workshop Workshop 1: Determine Screening Criteria for Nichols Road alternatives.
Workshop 2: Receive initial input on Nichols Road alternatives. Technical Advisory Group, County Project Team
Corridor Vision Workshops Workshop 1: Present initial Corridor Vision to County and receive input.
Workshop 2: Present revised Corridor Vision and obtain final feedback.
Workshop 1: County Project Team
Workshop 2: Technical Advisory Group, County Project Team
Pre-Application Meeting with RCA Obtain input from RCA regarding the gap closures Regional Conservation Authority, County Project Team
Alternative Workshop Present initial Nichols Road alternatives, concur on selected build alternatives.
Project Action Plan Workshop Present the segments and sequencing of the project. Receive input.
Focused Meetings Focused meetings to be set as needed to discuss project specific details and
receive input on alignments, alternatives, land use, development, etc.Agencies, Stakeholders, County Project Team
STAKEHOLDER BRIEFINGS
Focused Briefings Specialized briefings as requested.Targeted Stakeholder Groups, such as Elected Officials or
Chambers of Commerce
City Council Briefings Public presentation to City Councils on project status updates.City Councils, City Staff, Council Meeting Attendees, County
Project Team, County Management
Lake Elsinore
Menifee
Perris
PUBLIC OUTREACH
MAC/CAC Meetings Round 1: To introduce project
Round 2: To report findings from open houses and workshops
MAC/CAC members, Public, County Project Team, County
Management
Warm Springs CAC
Good Hope/Meadowbrook MAC
Winchester-Homeland MAC
Nuview-Romoland MAC
Mead Valley MAC
Open House Community Meeting Present project, answer questions and obtain feedback Public, County Project Team
Supervisor Town Halls Project presentation Public, County Supervisor, County Project Team, County
Management
Note: The meeting times and attendees represent the anticipated meeting time frames and attending groups for the Planning Study. The list of meetings and attendees may not be complete and may change during the process of completing the Planning Study.
June 7, 2017
Technical Advisory Group, County Project Team
MEETING
FY 2017 FY 2018
2017 2018
FY 2019
DESCRIPTION/PURPOSE ATTENDEES
As scheduled by Supervisors
As Required
As Required
EXHIBIT C • OUTREACH SCHEDULE GROUPS
Ethanac Road and Nichols Road Corridor Development Planning Study June 8, 2017
County Project Team Technical Advisory Group Other
Includes County Project Team +
Name Organization Name Organization Name Organization
County Staff County Staff County Management
Scott Staley Transportation Lawrence Tai Transportation Patricia Romo Transportation
Kevin Tsang Transportation Kevin Tsang Transportation Mojahed Salama Transportation
Jan Bulinski Transportation Russell Williams Transportation Khalid Nasim Transportation
John Ashlock Transportation Jerry Jolliffe Planning
Susan Vombaur Transportation Phayvanh Nanthavongdouangsy Planning Regional Conservation Authority
Robert Flores Transportation Robert Flores Planning to be determined Regional Conservation Authority
Alex Menor RCTC
Consultants MACs & CACs
Gary Warkentin Michael Baker Intl Stakeholder Agencies Tim Hodges Warm Springs CAC
Rebecca Young Michael Baker Intl City of Menifee Diana Martin Good Hope Meadowbrook MAC
Hector Salcedo Michael Baker Intl Jonathan Smith City of Menifee Ali Mazarei Mead Valley MAC
Amy Bardos Michael Baker Intl City of Perris Pennie Ahmed Nuview-Romoland MAC
Jason Pack Fehr & Peers Habib Motlagh Tri-Lake Consultant Andy Domenigoni Winchester-Homeland MAC
Kara Hall Fehr & Peers Dilesh Sheth Albert A Webb Associates
Cheryl Donahue Arellano & Associates Scott Hildebrandt Albert A Webb Associates
Mark Hager HDR City of Lake Elsinore
Court Morgan POWER Eng Grant Yates City of Lake Elsinore
Adam Rush CASC Brad Fagrell City of Lake Elsinore
Scot Mathis Converse Grant Taylor City of Lake Elsinore
Joan George Applied Earthworks Richard MacHott City of Lake Elsinore
Robert Vasquez OPC Robert Magee City of Lake Elsinore
Steve Manos City of Lake Elsinore
Caltrans
to be determined Caltrans
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-409
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 4)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Cooperative Agreement for State Shopp Funds
Page 1 of 1
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Brad Fagrell, City Engineer
Date:November 14, 2017
Subject:Approve the Cooperative Agreement for State SHOPP Minor Funds
Contribution for the I-15/Main Street Interchange Project
Recommendation
Approve and authorize the City Manager to execute the Cooperative Agreement for State
SHOPP Minor Funds Contribution in the amount of $476,000.
Background
The I-15/Main Street Interchange entrance ramps are currently not signalized. The City initiated
the I-15/Main Street Interchange interim improvement project under the Caltrans Streamline
Process in October of 2015. The proposed improvements include, widening of the northbound
entrance and exit ramp, as well as, widening the southbound exit ramp.
Discussion
During the Project Approval & Environmental Document (PA&ED) review, Caltrans required the
installation of ramp meters on the northbound and southbound entrance ramps. Since this is an
interim project and the scope of work did not anticipate the meter installation at this phase,
Caltrans has agreed to cover the additional cost associated with this work.
Fiscal Impact
None.
Exhibits
A – Agreement
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-410
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 5)
Page 1 City of Lake Elsinore Printed on 11/9/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Shannon Buckley, Finance Manager
Date:November 14, 2017
Subject:Uniform Guidance Procurement Extension
Recommendation
Authorize a one-year grace period extension to allow for the implementation of the new Federal
Uniform Guidance Procurement Standards.
Background
The City of Lake Elsinore receives federal funding through various grant programs. As a result,
the City is subject to the requirements of the Uniform Guidance which became effective for grant
awards after December 26, 2014, with a three-year implementation period. On May 17, 2017,
the Office of Management and Budget (OMB) issued a correcting amendment to the Uniform
Guidance in the Federal Register to allow for an additional fiscal year to implement changes
necessary to conform to the required procurement policies and procedures. The effective date
for implementation of the procurement standards for non-federal entities like the City will start
for fiscal years beginning on or after December 26, 2017.
Discussion
As part of the requirements, the City must conform purchases made with federal funds to be in
accordance with procurement standards in the Code of Federal Regulations, Title 2, Subpart D,
Sections 200.317 through 200.326 as listed below.
§200.317 Procurements by states
§200.318 General procurements standards (including conflict of interest)
§200.319 Competition
§200.320 Methods of procurement to be followed
§200.321 Contracting with small/minority and women’s business enterprise
§200.322 Procurement of recovered materials
§200.323 Contract cost and price
§200.324 Federal awarding agency or pass-through entity review
§200.325 Bonding requirements
§200.326 Contracted provisions
Uniform Guidance Procurement Extension
November 14, 2017
Page 2
The City may elect to continue to comply with procurement standards in previous guidance;
however, the decision to not implement the new standards and use previous guidance during
the final grace period must be documented in writing to the City Council.
Department of Administrative Services staff has sought initial guidance from the City's outside
auditors, LSL CPAs, and the City Attorney’s Office in anticipation of conforming the City’s
purchasing ordinance to the new standards.We anticipate an amendment to the City’s
purchasing ordinance (LEMC Ch. 3.08) will be presented to the City Council in the first quarter
of 2018. City staff will seek comments to the proposed amendment in advance of its
presentation to the City Council.
Meanwhile, the City will continue to use previous procurement standards during this final grace
period as allowed by the correcting guidance issued by OMB.
Fiscal Impact
There is no fiscal impact associated with this item.
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-411
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 6)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Award Lakeshore Drive Parking Lot Project
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Farid Dost, Senior Civil Engineer
Date:November 14, 2017
Subject:Construction Contract Award for Lakeshore Drive Parking Lot CIP Project
No. Z10027
Recommendation
1.Award the Public Works Construction Agreement for the Lakeshore Drive Parking
Lot Project to Roadway Engineering & Contracting Inc.
2.Authorize the City Manager to execute the Agreement in the amount of $190,138.60
to Roadway Engineering & Contracting Inc., in substantially the form attached and in
such final form as approved by the City Attorney.
3.Authorize the City Manager to execute change orders not to exceed the 15%
contingency amount of $28,520.79.
4.Authorize 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.
Background
On September 9, 2014, the City Council, by action at its regularly scheduled meeting, accepted
this real property for public purposes, or interest therein, conveyed by Grant Deed executed by
Gary L. Ennis and Martha L. Ennis and dated December 16, 2014. Government Code, Section
272871.
On May 14, 2015, the City entered into a Professional Services Agreement with Calvada
Surveying, Inc. The Professional Services Agreement was for topographic survey of the subject
property. The scope of work-included survey for all existing improvements, visible utilities,
adjacent street to pinpoint better drainage management, record boundary and spot elevations
for the entire property.
On August 11, 2015, The City entered into a Professional Services Agreement with SB&O, Inc.
This Professional Services Agreement was for the Lakeshore Drive Parking Lot design. The
Award Lakeshore Drive Parking Lot Project
Page 2 of 2
Scope of work included conceptual design, preliminary and final PS&E, utility coordination,
WQMP, striping plan, and construction details.
In March of 2016, the City’s new Engineering team took over the project and worked with SB&O
to revise certain project elements to reduce the project cost. By performing value engineering,
the design was revised, and 95% of the retaining walls were eliminated resulting in project
construction cost saving of over 70%.
On September 14, the final design was approved and signed.
On September 20, the project was advertised via Planetbids.
Discussion
Contractor bids were opened publicly on October 26, 2017, at 2:00 p.m. The City received
sixteen (16) bids from qualified contractors. Staff recommends the selection of the lowest
bidder. The bid results are summarized below:
Contractor (Bidder) Bid Amount _
1. Roadway Engineering & Contracting Inc $190,138.60
2. SJD & B, Inc.$206740.70
3. IVL Contractors, Inc. $247,791.50
4. L.C. Paving & Sealing, Inc.$258,949.54
5. Hillcrest Contracting, Inc.$262,417.90
6. Beador Construction Company, Inc. $270,700.00
7. NPG Corporation $289,444.00
8. Hardy & Harper, Inc. $295,000.00
9. Eagle Paving Company $299,958.00
10. Haitbrink Asphalt Paving $301,349.95
11. All American Asphalt $309,761.20
12. Horizons Construction $314,723.94
13. EBS General Engineering, Inc. $347,270.50
14. Wright Construction Engineering Corp $377,837.00
15. Leonida Builders, Inc. $403,578.00
16. Victor Concrete, Inc.$461,483.00
Fiscal Impact
Funding for this project has been allocated under the City’s adopted CIP.
Exhibits
A – Agreement
B – Proposal
@BCL@6C0E92D7.docx Page 1
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Roadway Engineering & Contracting, Inc.
Lakeshore Drive Parking Lot
CIP Project No. Z10027
This Agreement for Public Works Construction (“Agreement”) is made and entered into as
of November 14, 2017, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and Roadway Engineering & Contracting, Inc., ("Contractor").
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1.The Project and Project Documents. Contractor agrees to construct the following
public improvements (“work”) identified as:
Lakeshore Drive Parking Lot CIP NO. Z10027 (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein
by reference are identified as:
Lakeshore Drive Parking Lot
The Project Documents include this Agreement and all of the following: (1) the Notice
Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by
the Contractor, Contract Documents, General Specifications, Special Provisions, and all
attachments and appendices; (2) everything referenced in such documents, such as
specifications, details, standard plans or drawings and appendices, including all applicable State
and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and
affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or
extending the work contemplated as may be required to insure completion in an acceptable
manner. All of the provisions of the above-listed documents are made a part of this Agreement
as though fully set forth herein.
2.Compensation.
a.For and in consideration of the payments and agreements to be made and
performed by City, Contractor agrees to construct the Project, including furnishing all materials
and performing all work required for the Project, and to fulfill all other obligations as set forth in
the Bidder’s Proposal, such contract price being One Hundred Ninety Thousand One Hundred
Thirty Eight dollars sixty cents ($190,138.60).
b.City hereby promises and agrees to employ, and does hereby employ,
Contractor to provide the materials, do the work, and fulfill the obligations according to the terms
and conditions herein contained and referred to, for the prices set forth, and hereby contracts to
pay the same at the time, in the manner, and upon the conditions set forth in the Project
Documents.
c.Contractor agrees to receive and accept the prices set forth in the Bidder’s
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all
Page 2
obligations hereunder. Such compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of work during its progress or prior to its acceptance
including those for well and faithfully completing the work and the whole thereof in the manner
and time specified in the Project Documents; and also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the work,
suspension or discontinuance of the work, and all other unknowns or risks of any description
connected with the work.
3.Completion of Work.
a.Contractor shall perform and complete all work within Seventy (70) working
days from the date of commencement specified in the Notice to Proceed, and shall provide,
furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes,
utility and transportation services required for construction of the Project.
b.All work shall be performed and completed in a good workmanlike manner
in strict accordance with the drawings, specifications and all provisions of this Agreement as
hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and
any other legal requirements governing the Project.
c.Contractor shall not be excused with respect to the failure to so comply by
any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector,
or a representative of any of them, unless such act or omission actually prevents the Contractor
from fully complying with the requirements of the Project Documents, and unless the Contractor
protests at the time of such alleged prevention that the act or omission is preventing the Contractor
from fully complying with the Project Documents. Such protest shall not be effective unless
reduced to writing and filed with the City within three (3) working days of the date of occurrence
of the act or omission preventing the Contractor from fully complying with the Project Documents.
d.City and Contractor recognize that time is of the essence in the
performance of this Agreement and further agree that if the work called for under the Agreement
is not completed within the time hereinabove specified, damages will be sustained by the City and
that, it is and will be impracticable or extremely difficult to ascertain and determine the actual
amount of damages the City will sustain in the event of, and by reason of, such delay. It is,
therefore, agreed that such damages shall be presumed to be in the amount of five hundred
dollars ($500) per calendar day, and that the Contractor will pay to the City, or City may retain
from amounts otherwise payable to Contractor, such amount for each calendar day by which the
Contractor fails to complete the work, including corrective items of work, under this Agreement
within the time hereinabove specified and as adjusted by any changes to the work.
4.Changes to Work. City and Contractor agree that the City may make changes to
the work, or suspend the work, and no matter how many changes, such changes or suspensions
are within the contemplation of the Contractor and City and will not be a basis for a compensable
delay claim against the City nor be the basis for a liquidated damages claims against the
Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed
by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
Page 3
b. The amount of the adjustment to the contract price; and
c. The extent of the adjustment to the Schedule of Performance.
The Director of Public Works is authorized to sign any change order provided that sufficient
contingency funds are available in the City’s approved budget for the Project. All change in the
work authorized by the change order shall be performed under the applicable conditions of the
Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as
possible the appropriate adjustments for such changes.
5.Bonds. Contractor shall provide, before commencing work, a Faithful Performance
Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price
in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6.Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed
of by Contractor without the prior written consent of City.
7.Licenses. Contractor represents and warrants to City that it holds the contractor’s
license or licenses set forth in the Project Documents, is registered with the Department of
Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor. Contractor represents and warrants to City that Contractor 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 Contractor to practice its
profession. Contractor shall maintain a City of Lake Elsinore business license.
8.Indemnity. Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
Page 4
9.Insurance Requirements.
a.Insurance. Contractor, at Contractor’s own cost and expense, shall
procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk
Manager, the following insurance policies.
i.Workers’ Compensation Coverage. Contractor 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, Contractor
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
Contractor for City. In the event that Contractor 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, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii.Commercial General Liability Coverage. Contractor 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. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv.Builder’s Risk Coverage. Prior to the commencement of any
construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in
force during the term of any construction, builder’s risk insurance insuring for all risks of
physical loss of or damage (excluding the perils of earthquake and flood).
v.Professional Liability Coverage [if applicable]. Contractor shall
maintain professional errors and omissions liability insurance appropriate for Contractor’s
profession for protection against claims alleging negligent acts, errors or omissions which
Page 5
may arise from Contractor’s services under this Agreement, whether such services are
provided by the Contractor 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 commercial 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 Contractor, 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, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor 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.
10.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
Page 6
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 Contractor:____________________
Attn:________________
____________________
____________________
11.Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
12.Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
13.Assignment and Subcontracting. Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City.
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.
14.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.
15.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.
16.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.
17.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.
Page 7
18.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.
19.Authority to Enter Agreement and Administration. Contractor 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. The Director of Public Works shall act as the Project administrator on behalf of the
City.
20.Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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.
21.Equal Opportunity Employment. Contractor 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.
22.Prevailing Wages.
a.Contractor and all subcontractors shall adhere to the general prevailing rate
of per diem wages as determined and as published by the State Director of the Department of
Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these
rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake
Elsinore and are available for review upon request.
b.Contractor's attention is directed to the provisions of Labor Code Sections
1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these
Sections. The statutory provisions for penalties for failure to comply with the State's wage and the
hours laws will be enforced.
Page 8
c.Labor Code Sections 1774 and 1775 require the Contractor and all
subcontractors to pay not less than the prevailing wage rates to all workmen employed in the
execution of the contract and specify forfeitures and penalties for failure to do so. The minimum
wages to be paid are those determined by the State Director of the Department of Industrial
Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep
accurate payroll records, specifies the contents thereof, their inspection and duplication
procedures and certain notices required of the Contractor pertaining to their location. The
statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been
awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish
electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016,
Contractor and its subcontractors must furnish electronic certified payroll records to the Labor
Commissioner without regard to when the Project was awarded to Contractor.
d.Labor Code Section 1777.5 requires Contractor or subcontractor
employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship
Committee nearest the site of the public works project, which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen to be used in the performance of the Agreement. The Contractor is
required to make contributions to funds established for the administration of apprenticeship
programs if the Contractor employs registered apprentices or journeymen in any apprenticeable
trade and if other contractors on the public works site are making such contributions. Information
relative to apprenticeship standards, contributions, wage schedules and other requirements may
be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship
Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept
otherwise qualified employees as registered apprentices solely on the grounds of race, religious
creed, color, national origin, ancestry, sex, or age.
e.Eight hours labor constitutes a legal day's work, as set forth in Labor Code
Section 1810.
23.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.
[Signatures on next page]
Page 9
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
“CONTRACTOR”
Roadway Engineering & Contracting, Inc.
By:_____________________
Its:_____________________
By:_____________________
Its:_____________________
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-412
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 7)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Subject:Amendment No. 2 to the Professional Services Agreement (PSA) with
Engineering Resources of Southern California Inc.
Recommendations
Authorize the City Manager to execute Amendment No. 2 to the PSA,in an amount not to exceed
$32,460.00 in final form as approved by the City Attorney.
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 for the first amendment 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 Second Amendment is needing to satisfy Caltrans street plan
requirements, storm water pollution plans and water quality management plans for the RV
Storage and yurt areas.
Discussion
These services are in addition to the standard Civil Engineering Services for the site development
of the project and will include the needed Civil Engineering construction documentation to affect
the complete site development and approvals from Caltrans. The design and documentation tasks
are summarized below:
Design Development
–Prepare revised intersection and roadway geometrics for the intersection of
Riverside Drive and Lincoln Street including construction of a new eastbound leg.
-Provide a dedicated right turn lane on the northbound leg of the intersection, lane
width transitions entering the dedicated right turn lane and between Lincoln Street and the
existing access road.
-Provide a dedicated left turn into the RV Resort and raised median along street
centerline between Lincoln Street and the existing access road.
Engineering Resources PSA
November 14, 2017
Page 2
- Develop striping for a single through lane southbound with bicycle facilities and
off-street pedestrian and bicycle facilities along the easterly side of Riverside drive across
the entire project frontage.
Contract Documents
- Storm Water Pollution Prevention Plan -- Revise the Storm Water Pollution
Prevention Plan (SWPPP) to reflect construction north of the boat launch access road for
the RV Storage and yurt areas.
- Water Quality Management Plan -- Revise the Water Quality Management Plan
(WQMP) to reflect construction north of the boat launch access road for the RV Storage
and yurt areas.
Fiscal Impact
This Amendment to Professional Engineering Services will be funded with development impact
fees on hand or as funded in the CIP Budget.
Exhibits
A Agreement Dated 5/31/2016
B First Amendment Dated 2/14/2017
C Second Amendment
D Proposal
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 Y , City Manager
ATTEST:
CONSULTANT"
Engineering Resources of Southern California
Inc.
Matt 13rudin, P.E, Principal
Attachments: Exhibit A — Consultant's Proposal (Engineering Resources of Southern California
Inc.)
1st Amendment Professional Services Agmt 2014.docx Page 1
EXHIBIT A
CONSULTANT'S PROPOSAL
ATTACHED]
I1F"d%d1h
Gi inoudni, fulnumal of soulliuo California
100.000P
January 12, 2017
Gus Papagolos, Project Manager
City of Lake Elsinore
130 South Main Sheet
Lake Elsinore CA 92530
SUBJECT: ENGINEERING SERVICES PROPOSAL REGARDING RIVERSIDE
DRIVE LIFT STATION RELOCATION
Dear Mr. Papagolos:
As you are aware, Engineering Resources of Southern California, Inc. (ERSQ is currently
a member of a consulting team designing the widening Riverside Drive, also State Highway
74, in conjunction with and adjacent to the La Laguna RV Resort. In the area of widening,
there exists a lift station designated A -4 by the current owner, Elsinore Valley Municipal
Water District (District). The lift station was constructed for the City as Pump Station No. 3
in 1970. Wastewater delivered by three sewers is collected in the pump station wet well and
discharged to a 10 -inch force main constructed in 1997, by the District. The lift station
includes a prefab duplex pump chamber wet well, electrical service, motor control center, and
standby generator. Existing pump station base is approximately 27 feet below the surface.
Prospective project, then, involves the design of a replacement lift station to the southeast
into the La Laguna RV Resort, Issues to be considered are that of the depth of the pump
station, force main and sewer, possible dewatering required during construction, odor from
wet well vents, and adequate maintenance access.
PROPOSED ENGINEERING SERVICES
Services required and proposed to be conducted will involve civil, mechanical, and electrical
design for preparation of plans, specifications, and estimates for a replacement lift station. It
is anticipated these will need to be conducted to current standards of the District. District
representative indicates that standard design now is for construction of a single /combined
pump chamber /wet well, different from the existing dry pump chamber /wet well. Basis of our
proposed design and PS &E preparation effort will be the District's standard and that capacity
of the replacement lift station will be the same as the existing facility.
Proposed tasks to be performed include the following:
3550 C. Florida Avenue, Suite B.
Hemet CA 92544
951/765 -6622
951/765 -6621 FAX
100.000P
Gus Papagolos, Project Manager
City of Lake Elsinore
December 21, 2016
Page 2
1. Conduct research and consult with the City and the District regarding current
design standards and requirements for lift station design.
2. Research the design and sizing of the existing lift station and verify design
criteria applicable for the new lift station.
3. Select a suitable site for the replacement lift station, anticipated to be within
the Park and potentially at the site of the existing Boat Launch Lift Station.
Effort will include consultation and involvement of both the City and the
District.
4. Obtain elevation of the existing sewer invert in Riverside Drive by a sub
consultant.
5. Coordinate conduct of a geotechnical investigation by a sub consultant
retained by the City.
6. Review opportunities for the collection of Park wastewater, from existing
sewered area(s) and proposed; finalize station capacity and sizing of pumps,
motor, and generator.
7. Coordinate with architect's sub consultant regarding electrical service design
for the replacement lift station.
8. Prepare plans, specifications, and estimates that is PS &E for the civil and
mechanical features including the lift station and appurtenant facilities, gravity
sewer and force mains.
9. Subinittals will be made to the appropriate agencies, either the District and /or
the City, at preliminary concept and at the 30 %, 50 %, 90 %, and 100%
completion stages; final submittals will be made of stamped and signed plans
and specifications for City and District approval.
PROJECT PERSONNEL
Oversight and coordination with the City concerning the design effort will be the
responsibility of Matt Brudin, P.E. who holds a similar position concerning ERSC' efforts
for the La Laguna project.
100.000P
Gus Papagolos, Project Manager
City of Lake Elsinore
December 21, 2016
Page 3
Project Manager for the design effort will be Mr. John Egan, P.E. In his many years of
experience, Mr. Egan has been responsible for design and /or modifications of numerous lift
stations for Crestline Sanitation District and the County of San Bernardino.
Mr. Ron Worthington, P.E., will provide oversight of the design as well as quality
assurance /quality control reviews and detailed review of plans and specifications.
Electrical design, as indicated, will be conducted by the firm of T- Squared Engineering of
Vista, the current electrical consultant for the La Laguna project. Specifically responsible for
the electrical design is Mr. Farzad Tadayon, P.E., of the firm.
Geotechnical investigation will be the responsibility of Inland Foundation Engineering
through the City.
PROPOSED ENGINEERING FEE
ERSC will complete the design services for the replacement lift station as described for a
hump sum amount of $42,340. Derivation of the fee amount is shown on the accompanying
spreadsheet.
We appreciate the opportunity of submitting our proposal and engineering qualifications to
the City for the replacement lift station project. Should there be any questions, please contact
the undersigned.
Respectful i Submitted,
Matt Brudin, P.E.
Principal
MB /lr
enc,
SAADMINU 6007001 - La Laguna RV ResortWddl Authorization No RRequest of Addl Authorization No I .wpd
@BCL@D00DAE41.docx Page 1
AMENDMENT NO. 2 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. 2 is made and entered into as of November 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 No. 2 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”).
B. On February 14, 2017 the City approved Amendment No. 1 and increased the
Original Agreement in the amount of $42,340.00 (Amendment No. 1 and the Original Agreement are
collectively referred to herein as the “Agreement”).
2. Section 3. Compensation of the Agreement is amended by adding the following
paragraph:
“Compensation to be paid to Consultant shall be increased by this Amendment No. 2 by
thirty two thousand four hundred sixty dollars and no cents ($32,460.00). The total compensation
paid to Consultant shall not exceed two hundred twenty five thousand one hundred sixty dollars and
no cents ($257,800.00).”
IN WITNESS WHEREOF, the parties have caused this Amendment No 2 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
Page 2
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: ID# 17-413
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 8)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Subject:Authorize the purchase expenditure of $150,000 for the purchase of
Conference Room Furniture, Outdoor Furniture for the Campground Project,
and office furniture & equipment from Tangram Interiors.
Recommendations
Authorize the City Manager to approve, appropriate and execute a Purchase Order with Tangram
Interiors in the amount of $150,000.00 for the purchase of Conference Room Furniture, Outdoor
Furniture for the Campground Project, and office furniture & equipment from Tangram Interiors.
Background
Staff has embarked on a very aggressive effort to repair, modify and update City Hall work areas.
These areas include the front lobby, City Clerk, Finance, Code Enforcement, Information
Technology, Building and Safety and Community Services work spaces. Work has been
completed on the new office space adjacent to City Hall for Community Services and the Front
Counter/Lobby area. Staff has reconfigured Conference Room B and staff is proceeding with the
outdoor furniture options for the Campground project.
The age of this building has presented numerous hidden challenges requiring immediate work-in-
progress adjustments in order to minimize work disruptions and delays. Work progress has been
delayed by hidden but required repairs to the building structural elements. These repairs often
encroach on the intended architectural and asthenic impression as-well-as the daily operational
and functional interior qualities.
To adequately handle these challenges greater purchasing flexibility and immediate resolve is
necessary. Making the best use of the limited work space will need occasionally,nonstandard
size furnishing, which is rarely stocked by equipment and furniture companies. In these cases
fixed pricing is not available and order ship time is extended coupled with limit furnishing sections.
Tangram Interiors
November 14, 2017
Page 2
Discussion
Staff will continue to carefully approach the repair and modification tasks of these work areas,
utilizing pre-advertised on-call and minor construction contractors on a proposal basis. However,
this authorization will establish a purchasing threshold with one vendor for equipment and office
furniture. Expenditures in excess of this amount for Tangram Interiors will not be authorized. By
providing a fixed expenditure level Staff will have the essential latitude to expeditiously pursue
the needed office furnishing for the timely completion of the project.
It is important to know that Tangram Interiors is a member of the Joint Purchasing Cooperative
agreement with NJPA - National Joint Powers Alliance. The City will receive the bid pricing
(competitive low pricing) on all the standard stocked items purchased by this authorization.
Fiscal Impact
The City Hall repairs and upgrades is included in the Fiscal Year 17/18 – 22/23 Capital
Improvement Plan (CIP) budget.
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-414
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 9)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Subject:Award a Design and Build Agreement to PlainJoe Studios' for the Design and
Build of Special Enhancements and Effects at the RV Campground
Rehabilitation Project (CIP PROJECT #Z40007).
Recommendations
1. Award a Design and Build Agreement to PlainJoe Studios' for the Design and Build of branding
and marketing features at the RV Resort Rehabilitation Project (CIP PROJECT #Z40007).
2. Approve and authorize the City Manager to execute the Agreement in the not to exceed amount
of $565,622.26 with PlainJoe Studios' in the form attached and in such final form as approved by
the City Attorney.
3. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount
of $56,562.23 for uncertainties and adjustments.
Background
Staff’s initial discussion with PlainJoe Studios'was to assist with the development of a branding
and marketing concept for the RV Resort Rehabilitation Project. Additional engagements with
PlanJoe Studios’ resulted in farther reaching content-rich, emotionally compelling, and
experiential opportunities to tell the Story of the RV Resort. Key community leaders and staff
worked together to develop the needed branding for the RV Resort Project. The result
conceptualizes and conveys important information about the RV Resort and feeds a dialogue
between campers and the camp ground were they stay. Much of this leads to a static and digital
wayfinding system, signage, unique graphics, exhibition substance, installation of both art and
play elements all with a common branding of the entire RV Resort.
Discussion
The purpose of this agreement is to further the physical development of the conceptual branding
of the RV Resort and to perform the complete design and build of the components. The elements
will provide the foundation to the branding and marketing of the New RV Resort. The overall
design and build components in this scope of work are summarized below as special features in
the RV resort:
PlainJoe Studios’
November 14, 2017
Page 2
Vehicular Portals (Main Entrance Arch, Squares, Boat Launch)
Vehicular Signs (Sorting, Exit, Infield)
Pedestrian Portals (Qty: 15)
Vehicular Directional & Wayfinding Signage (Qty: 15)
Pedestrian Directional & Wayfinding Signage (Qty: 5)
Signage, Graphics & Structure of buildings
Community Hall & Commons Signage, Signage Structure & Graphics
Check-In Building Exterior Signage
The decision to utilize PlanJoe’s Studio was based on several key and cost driven factors. First,
there ability to perform the required design and build work at a very high level of confidence and
with a proven resume. Second, the need to have a local connection to the Lake Elsinore
community in order fully understand the history of the lake, and local lake and camping
opportunity. (Storyland Studios is a subsidiary of PlanJoe’s studio and is that connection and
location for all the fabrication.) Thirdly, the need for onsite availability without excessive travel
expenses to coordinate the fabrication, construction and installation of the many elements of this
scope of work. Based on this criteria a sole source approach was taken.
Following the approval of this agenda item close coordination will begin on the fabrication and
installation of these elements. Most of these elements will be scheduled for installation towards
the final phases of the park construction. Some of the larger elements (entry arch) will require
additional site development to support the construction of the arch. Others will only need
additional utility coordination.
Fiscal Impact
This funding for this contract is included in the Fiscal Year 17/18 Capital Improvement Plan (CIP)
budget.
Exhibits
A Agreement
B Proposal
SHORT FORM PURCHASE OF SERVICES CONTRACT 1 November 7, 2017
City of Lake Elsinore
SHORT FORM PURCHASE OF SERVICE CONTRACT
The parties to this Short Form Purchase of Goods
and/or Services Contract (Contract) do mutually
agree and promise as follows:
1. Parties: The parties to this Contract are the
CITY OF LAKE ELSINORE, a municipal
corporation (City) and the following named
Contractor:
(Name) PlainJoes’ Studio
(Street Address) 7345 Piute Creek
(City/State/Zip) Corona, Ca 92881
(Telephone)_ (909) 653-5332______________
(Email) ______________________________
(Taxpayer ID #) __200873795_______________
(City Business License #) _2017-01895_____
2. Term: The effective date of this contract is
11/14/2017 and it terminates upon completion
unless sooner terminated as provided herein.
3. Contractor’s Obligations:
(a)To the satisfaction of the City’s Project
Manager, Contractor shall provide the
following goods and/or services: Provide.
Design and Build RV Resort Elements per
the attached proposal.
(b)Contractor shall perform the above-
referenced services or delivery the required
goods at or to the following specified
location/s:(Attach extra sheet/s if
necessary)
La Laguna RV Resort, 32040 Riverside
Drive, Lake Elsinore CA 92530
4. Supplemental Conditions: This Contract is
subject to the Supplemental Conditions attached
hereto, which are incorporated herein by reference.
5.Compensation:Contractor’s total
compensation for the goods and/or services
performed under this Contract is $565,622.26, to
be paid as (check one): (1) X lump sum upon
completion of all Contractor’s Obligations; (2)
lump sum per-task in the amounts indicated below,
payable upon completion of each task; (3) lump
sum per-task in the amounts indicated below,
payable in monthly installments not to exceed the
percentage completion of each task; (4) X per
attached written quote, up to a guaranteed not-to-
exceed amount of $565,622.26
Task Amount
•Vehicular Portals (Main Entrance
Arch, Squares, Boat Launch)
•Vehicular Signs (Sorting, Exit,
Infield)
•Pedestrian Portals (Qty: 15)
•Vehicular Directional & Wayfinding
Signage (Qty: 15)
•Pedestrian Directional & Wayfinding
Signage (Qty: 5)
•Signage, Graphics & Structure (The
Bobber & Bait & Tackle Shop)
•Community Hall & Commons
Signage, Signage Structure &
Graphics
•Check-In Building Exterior Signage
$565,622.26
6. Signatures: These signatures attest the parties’
agreement hereto:
CONTRACTOR:PlainJoes’ Studio.
Blake Ryan, President/Managing Principal
CITY OF LAKE ELSINORE,
a Municipal Corporation:
By: ___________________________________
City Manager
By: ___________________________________
City Project Manager
Approved as to form:
By: ___________________________________
City Attorney
Approved as to content/Insurance:
By: ___________________________________
City Purchasing Agent/Risk Manager
Attested:
By: ___________________________________
City Clerk
SHORT FORM PURCHASE OF SERVICES CONTRACT 2 November 7, 2017
City of Lake Elsinore
SUPPLEMENTAL CONDITIONS
1.Independent Contractor. It is expressly agreed that Contractor is to perform or
deliver the goods and/or services described herein as an independent contractor
pursuant to California Labor Code Section 3353, under the control of the City as
to the result of his work only but not as to the means by which such result is
accomplished. Nothing contained herein shall in any way be construed to make
Contractor or any of its agents or employees, an agent, employee or representative
of the City. Contractor shall be entirely responsible for the compensation of any
assistants, employees, and subcontractors used by Contractor in providing said
goods and/or services.
2.Cancellation. Either the City or Contractor may cancel this Contract at any time
upon giving the other party five (5) calendar days' written notice of such
cancellation. In the event of cancellation, the City shall be liable only to pay to the
Contractor compensation for services rendered up to the date of the Contract's
cancellation. Under no circumstances shall City be responsible for payment of lost
profits, or damages beyond the total amount of compensation set in this Contract.
3.Assignment. Contractor shall not assign this Contract, or any part thereof, or any
right of the Contractor hereunder without the prior written consent of the City.
4.Indemnity. Contractor shall indemnify, defend and hold the City harmless from and
against all claims, demands and causes of action for injury, death or damage to
any person or property that may arise or result from Contractor's performance of
this Contract or from acts or omissions of any person(s) employed by Contractor.
5.Anti-Discrimination. Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religious creed, age, sex, actual
or perceived sexual orientation, national origin, disability as defined by the
American with Disabilities Act (42 U.S.C. § 12010, et seq.) or veteran’s status. To
the extent applicable, Contractor shall comply with all federal, state, and local laws
regarding non-discrimination, equal employment opportunity, affirmative action
and occupational-safety-health concerns, shall comply with all applicable rules and
regulations thereunder, and shall comply with same as each may be amended
from time to time.
6.Legal Responsibilities. The Contractor shall keep itself informed of State, and
Federal laws and regulations and the Lake Elsinore Municipal Code which in any
manner affect those employed by it or in any way affect the performance of its
service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the
Contractor to comply with this section.
7.Insurance. During the entire term of this Contract and any extension or modification
thereof, the Contractor shall keep in effect insurance policies meeting the following
insurance requirements:
SHORT FORM PURCHASE OF SERVICES CONTRACT 3 November 7, 2017
City of Lake Elsinore
7.1 Commercial General and Automobile Liability Insurance.
Contractor, at its own cost and expense, shall maintain commercial general
insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence, coverage and automobile liability
insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence for the term of this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence,
combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability
Insurance or an Automobile Liability 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. Such
coverage shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefore,
and damage to property resulting from activities contemplated under this
Agreement, including the use of owned and non-owned automobiles. The
following endorsements shall be attached to the policy:
7.1.1 Policy shall cover on an "occurrence basis."
7.1.2 Policy must cover personal injuries as well as bodily injuries.
Exclusion of contractual liability must be eliminated from personal
injury endorsement.
7.1.3 Broad form property damage endorsement must be attached.
7.1.4 Policy must cover contractual liability by amending the definition of
"incidental contract" to include any written contract.
7.1.5 The City, its officers and employees shall be named by endorsement
as an additional insured, and the policy shall stipulate that this
insurance will operate as primary insurance and that no other
insurance effected by the City will be called upon to contribute to any
loss suffered by Contractor hereunder.
7.2 Worker's Compensation.
The Contractor, at its own cost and expense shall carry and maintain
statutory Worker's Compensation Insurance and Employer's Liability with
limits of not less than One Million Dollars ($1,000,000) with an insurance
carrier satisfactory to the City. In the event Contractor is self-insured, it shall
furnish the City with a Certificate of Permission to Self-Insure signed by the
Department of Industrial Relations Administration of Self-Insurance in
Sacramento, California. If any injury occurs to any employee of Contractor
for which the employee, or his dependents in the event of his death, is
entitled to compensation from the City, the City may retain out of sums due
the Contractor under this Contract an amount sufficient to cover such
compensation as fixed by said Act, until such compensation is paid or until
it is determined that no compensation is due and if the City is compelled to
SHORT FORM PURCHASE OF SERVICES CONTRACT 4 November 7, 2017
City of Lake Elsinore
pay such compensation, it will deduct and retain from the sums due the
Contractor the amount so paid.
7.3 Additional Insurance Provisions.
Said policies shall constitute primary insurance as to the City, and its
officers, agents, and employees, so that other insurance policies held by or
for them or the City’s self-insurance program shall not be required to
contribute to any loss covered under the Contractor's insurance policy or
policies.
7.4 Coverage Verification.
8.4.1 Upon notification of receipt by the City of a notice of cancellation,
major change in coverage or expiration, Contractor shall file with the
City a certified copy of the required new or renewal policy.
8.4.1 If, at any time during the life of the Contract or any extension thereof,
Contractor fails to maintain the required insurance in full force and
effect, all work under the Contract shall be discontinued immediately
and all payments due or that become due to the Contractor will be
withheld until notice is received by the City that the required
insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to the
City. Any failure to maintain the required insurance will be sufficient
cause for City to immediately terminate the Contract.
8.Payment of Prevailing Wages.
Contractor 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 1600, 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. If the services are being performed as part
of an applicable “Public Works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. Contractor shall
determine the applicable prevailing rates and make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to
execute the services available to interested parties upon request and shall
post copies at the Contractor’s principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. The
provisions of this Section may be waived in if inapplicable to the services provided
hereunder.
The RV Resort Rehabilitation Project
Lake Elsinore,California
Phase 1 Wayfinding & Placemaking Proposal
(contract #3383)
prepared by
PlainJoe Studios
Not yet submitted
7345 Piute Creek Drive / Corona, CA 92881 / 951.735.4587
Page 1
PlainJoe Studios / The RV Resort Rehabilitation Project Phase 1 Wayfinding & Placemaking Proposal
Not yet submitted
The journey is the destination.Jason Simpson
City of Lake Elsinore
130 South Main Street
Lake Elsinore,California 92530
951.674.3124 x362
jsimpson@lake-elsinore.org
Not yet submitted
Dear Jason:
I am so thankful for the opportunity to present the enclosed proposal for Spatial Storytelling Services for City
of Lake Elsinore. PlainJoe Studios is uniquely qualified and positioned to partner with you in creating an
overall strategic plan that unifies your properties in terms of property development, building usage,
messaging, wayfinding and décor. We call this Design Intervention and have been humbled to partner with
many of the fastest growing and healthy ministries in the US and abroad in similar efforts.
I look forward to sharing our systematic process and paradigms in order to serve you and your team.
Please do not hesitate to contact me with any questions or concerns your team may encounter as they explore
this proposal.
Sincerely,
Blake Ryan
President
PlainJoe Studios
Page 2
PlainJoe Studios / The RV Resort Rehabilitation Project Phase 1 Wayfinding & Placemaking Proposal
Not yet submitted
FIRM PROFILE
PlainJoe Studios is a multi-disciplinary design firm focused on serving the needs of clients in the development
of live/worship/play destinations that lift the spirit. Launched at the start of the new millennium, PlainJoe
Studios was conceived to help storytellers (from CEOs to George Lucas) tell their story in three dimensions:
•Strategic Branding: Design that you walk away with.
•Interactive Media: Design that you interact with.
•Spatial Storytelling: Design that you walk into.
Our PlainJoe Studios crew of artists, architects, storytellers and strategists have used the transformational
power of story to connect with the everyday "Plain Jane" or "average Joe" of our clients' targeted audience.
Our Spatial Storytelling studio has provided design, master planning, architecture, interior design,
experiential theming, signage design, project management, construction management and technology
services to hundreds of ministry clients. PlainJoe Studios is fully committed to supporting our clients in a
changing global context in which story, creative development, architecture, technology and experience
become transformational.
It is our goal to help clients navigate the complex maze involved with modern design and construction
projects by being your development partner from dream to dedication day and beyond. PlainJoe Studios' full
range of services includes Strategic Branding, Feasibility Analysis, Master Planning, Facility Assessments,
Creative Development, Architectural Design, Interior Design, Construction Management, Turnkey
Development, and Interactive Media / Web Development to tell your story from the ether to environments.
* The information contained in this document is not an offer to provide, or a solicitation to sell, any product or service in any jurisdiction in
which such offer or solicitation, purchase or sale would be unlawful under the appropriate licensing laws or other laws and regulations of
such jurisdiction.
1 / Introduction:*
Page 3
PlainJoe Studios / The RV Resort Rehabilitation Project Phase 1 Wayfinding & Placemaking Proposal
Not yet submitted
1 / Introduction: (cont'd)
The spark for PlainJoe Studios' successfully distinct approach lies in the desire and conviction to find each
project's unique Design Characteristics. Rather than a "one- size-fits- all" design approach, each design is
uniquely based on the specific desired content, cultural, climate, geographical, and built influences of the site,
surrounding community and regional context. This approach goes beyond conventional architectural &
engineering approaches by integrating multiple specialty disciplines (e.g. Theming, Signage, AV, Lighting,
Landscape Architecture, etc.) in experiential placemaking. The in-house "Dream to Dedication" suite of
services complements state-of-the- art design documentation. Collectively, these unique strategic
competencies have led to our proven ability to facilitate high- impact, yet cost-effective design strategies.
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2 / Our Process:*
BLUESKY
DISCOVERY
Our multi-disciplinary team of financial, design and construction experts will work with you to craft a
"strategic feasibility box" within which the project will live as it is developed. A framework budget and master
schedule are developed to determine the appropriate levels of financial and time investment that should be
allocated for initial phases of development.
The existing facilities are "audited" for gaps and opportunities in the areas of:
•Guest Experience
•Worship / Adult Capacity
•Children / Youth Capacity
•Parking / Site Capacity
The PlainJoe BlueSky Workshop
Whether we are master planning a 1,000 seat venue, a 10-minute attraction, or a 100-acre theme park,
design starts with the PlainJoe BlueSky Workshop. This process begins with a collaborative work session
involving our team and your key stakeholders. In this interactive process, we will discover your unique story
by articulating three elements:
•Setting - Distilling the unique "sense of place" of your community, influences, inspirations and history.
•Character - Defining your "tribal" identity as well as your community's psychographics/demographics.
•Plot - Outlining your story arc, mission, and purpose.
* An example of our full process offering. Not all projects will include all phases or deliverables listed.
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2 / Our Process: (cont'd)
At the intersection of these three story elements lies the "Big Idea," which once uncovered, will serve as our
guiding design principle and influence hundreds of decisions across multiple disciplines by providing design
logic and internal consistency.
Once the "Big Idea has been defined, we work with you and your team of core stakeholders to conceptualize,
understand, and articulate the placemaking implications of your unique setting, characters, and plot. Based on
Walt Disney's "lost weekend" with Imagineering legend Herb Ryman, we develop the master plan, a three-
dimensional perspective, the thematic storyboards, and signage and graphic concepts on site. The work of
several months is compressed into several days spent at your current facility where we steep ourselves in
your unique DNA and "land the plane" for the project.
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2 / Our Process: (cont'd)
PRE-PRODUCTION
Schematic Design
Throughout the Schematic Design process, we will continually refine the content by returning to the "Big
Idea" which is the essence of what we are trying to deliver emotionally. As the story becomes distilled, the
"edits" become obvious. Projects not based on a solid vision, or one that is not easily communicated up and
down the line, can be picked apart as the inevitable budget cuts arise. Without knowing the center of what is
absolutely essential (usually a single sentence or message), the idea then fragments and loses its creative
value. Spatial scripts, capacity, flow diagrams, storyboards, and art created in the Discovery phase serve as
the foundation for the Schematic Design phase as we develop floor and site plans, elevations, interior design,
graphic typicals and theming layouts.
Our multi-disciplinary design process creates the foundation for a built environment that fully considers
functional and experiential needs. Our ability to render and simulate reality with colored renderings,
sketches, multi-media presentations and 3D modeling takes the guesswork out and shortens the distance in
the design process. In addition, the products of this phase prove to be invaluable to the entitlement, "Vision-
casting," budgeting and funding phases of the project.
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2 / Our Process: (cont'd)
Design Development
The "Big Idea" continues to guide us as we refine and detail the design aspects of architecture, interior design,
graphics and theming within the parameters of the project budget.
Construction Documentation
For the continuing architectural work, whether we create the Construction Documentation directly or
partner with a local Architect of Record, PlainJoe Studios remains in creative control to ensure continued
alignment with the project's "Big Idea" by working in partnership with multi-disciplinary consultants and
contractors. Such partners may include:
•Engineers (Civil, Structural, Mechanical, Electrical, Plumbing)
•Audio/Video/Lighting
•Landscape Architecture
•Fundraising
At the same time, final layout occurs for all graphics and theming to create a comprehensive "Sign Off
Package." This document allows you to see the entirety of the graphics and theming deliverables that our
strategic partners will be fabricating and installing to enhance your facility; including design, sizes, content,
placement, and materials.
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2 / Our Process: (cont'd)
PRODUCTION
Fabrication
Once all graphic and theming deliverables have been approved, we'll manage their printing, production, and
fabrication along with Apparent Studios and other strategic partners who specialize in bringing dreams to life.
Install
When construction of your facility is completed, it's time to add the "special sauce" to complete the
comprehensive vision we've worked with you to imagine. Under our direction, Apparent Studios will
painstakingly add these final touches to finish bringing your story to life.
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2 / Our Process: (cont'd)
POST-PRODUCTION
OPENING
With the hard work complete, it's time to share your Story with the world.
MEL MCGOWAN / CHIEF CREATIVE PRINCIPAL
Mel McGowan (AICP, LEED AP, DBIA) is Co-Founder and Chief Creative Officer of PlainJoe Studios
Architecture.
Mel combined his background in film and urban design during a decade-long stint at the Walt Disney
Company. While there, Mel provided design and development creativity and leadership in the renewal of the
1,100-acre Disneyland Resort District surrounding the original 160-acre Disneyland property. The massive
urban redevelopment project was centered around unpaving the surface theme park lot and replacing it with
Disney California Adventure, a 67-acre celebration of the people and place of the Golden State. Mel's focus
was on key elements such as the world's first in-park resort hotel, Disney's Grand Californian Resort & Spa, as
well as the Downtown Disney mixed use district serves as the premiere gathering place for Orange County,
CA.
Following his tenure at Disney, he established Visioneering Studios (VSI); a nationwide architectural firm that
has served numerous influential churches and ministries. In 2015, he re-joined the PlainJoe team to help lead
Spatial Storytelling.
He has successfully master planned and led the multidisciplinary design efforts of hundreds of faith-based
ministry campuses and facilities around the world, including many of the fastest growing and influential
churches in America. He has led the teams that have won numerous Solomon Awards for "Best Church
Architect," "Best Church Design," and "Best Builder." His clients include Rick Warren, Gene Appel, John
Ortberg, Jud Wilhite, Dave Gibbons, Max Lucado, Dave Stone, Steven Furtick, Kyle Idleman, Dino Rizzo, Mark
Batterson, and Mark Beeson. Mel speaks extensively on the intersection of story and space.
Mel is a contributing editor of Outreach Magazine and TonyMorganLive.com, serves as an Adjunct Professor
at the CBU College of Architecture, Visual Arts & Design (CAVAD) and is the author of Design Intervention:
Revolutionizing Sacred Space (www.designintervention.org).
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3 / The Team: Key Personnel
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PETER MCGOWAN / DESIGN PRINCIPAL
Peter, prior to co-founding PlainJoe in 2001, had a background in information technology. He worked for
IBM, Johnson & Johnson, ThinkWare, and PMGX-a technology firm he founded and still owns. His
background includes a Business/Information Systems degree from Cal Poly and years of experience in
Information Technology, design production, brand development, marketing and advertising. Peter is also the
co-founder of ethur and devotes much of his day-to-day time serving as the Creative Principal and President
of PlainJoe Studios. Peter and his wife, Jennifer, have three children and serves in leadership and ministry
roles at Crossroads Christian Church in Corona, California.
BLAKE RYAN / MANAGING PRINCIPAL
Blake Ryan serves the PlainJoe Team in his role as President and Managing Principal. Blake's focus includes
leading the team with a (sometimes unhealthy) hyper focus on championing creative collaboration and clarity.
Blake also serves many of our clients, such as World Vision, the City of Milwaukee, the Bader Foundation, and
many others as a strategic and creative partner.
Outside of PlainJoe, Blake serves his community as a bi-vocational pastor and social entrepreneur who has a
passion to captivate and reform culture by elevating the stories and value of the nameless. Recently, Blake
founded Restoration Roasters, a specialty coffee bar that provides hands-on vocational training for the
homeless of his community. Blake also serves as the teaching pastor of Church at the Mission, Volunteer
Director of the Corona Norco Rescue Mission, and Chief Executive Officer of Ethur.
Prior to joining the team, Blake held various C-Suite roles with non-profit organizations domestically and
around the world, overseeing operations, finance, and marketing. Blake graduated with honors from Azusa
Pacific University with a degree in Accounting and, yes, he can still whip out a spreadsheet like no one's
business.
3 / The Team: Key Personnel (cont'd)
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3 / The Team: Key Personnel (cont'd)
MATT MOLSBERRY / PRINCIPAL ARCHITECT
Matt Molsberry AIA, NCARB was Principal of Chevlin-Molsberry Architects as well as Visioneering Studios Inc.
prior to joining PlainJoe Studios Architecture. Matt is a CalPoly alumni and has emerged as one of the leading
church architects in the nation, having won multiple Solomon Awards for "Best Church Architect" for projects
such as Elevation Church (Charlotte NC), Centerpoint Church (Murrieta CA), Mariners Church (Irvine CA),
Eastside Christian Church (Anaheim CA), Central Christian Church (Beloit WI), and Northside Christian Church
(Spring TX).
JOHNNY DAVIS /SPATIAL STORYTELLING CREATIVE DIRECTOR
Johnny attended Mira Costa College and San Francisco's Academy of Art University, earning a B.A. in Illustration
with a focus on character animation. Before joining the PlainJoe team in 2006, Johnny completed design work
for Penton Overseas Publishing, Archeon, MMDesignWorks, and Home Depot. He has been mentored by
Conrad Vernon, Director of Shrek 2 and the voice of "Gingie" for Dreamworks Animation. Johnny serves as Art
Director and Illustrator for PlainJoe.
MICHAEL MELILLI / SPATIAL STORYTELLING STUDIO DIRECTOR
Michael attended Chapman University where he earned a B.F.A. in Film/TV Writing and Directing. Before
joining the PlainJoe team in 2006, Michael worked for various film and television production companies
including the Jim Henson Company. In addition to studio logistics, Michael also oversees story direction for
PlainJoe Studios; having managed and directed over forty environmental design projects, ranging from faith
based environments to high profile immersive attractions like the Las Vegas Mob Experience.
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3 / The Team: Experience
Architects-of-Record: Mars Hill Studio (Children's Building) / Visioneering Studios (Additional Phases)
MARINERS CHURCH / Irvine,CA
PlainJoe Studios developed the Graphics & Theming Big Idea for the "Port Mariners Kidzone" children's
facility which has become a nexus for moms and kids living in the community.
The atrium lobby introduces the theme of celebrating God's creative nature through imagination, exploration,
and discovery featuring a dimensional submarine above the "Welcome Harbor."
Outside, a series of themed playgrounds includes the Apostle Paul's shipwreck, Jonah's whale, and a place for
children to "walk in faith" on an undulating rubber "ocean surface."
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3 / The Team: Experience (cont'd)
CANYON RIDGE CHRISTIAN CHURCH / Las Vegas, NZ
Visitors to Canyon Ridge Christian Church are immediately drawn to the spiraling architectural form that
anchors the "slot canyon" which runs through the heart of the campus. PlainJoe Studios created large scale,
rusted metal environmental graphics that run through this canyon. These placemaking installations describe
the PATH, an acronym for Canyon Ridge's unique discipleship journey.
PlainJoe Studios also developed the children's ministry environment, known as BASE CAMP, which prepares
and equips youth for the challenge of their life ascent. A sunken "grotto" playground with climbing walls is
accessed via an "escape chute" from the second floor of BASE CAMP.
Architects-of-Record: Swisher & Hall (Phase 1) / Pugsley. Simpson. Coulter. Architects (Phase 2)
Architects-of-Record: Douglas Landsem / Zervas Group Architects (remodel)
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3 / The Team: Experience (cont'd)
CORNWALL CHURCH / Bellingham, WA
This hundred plus year old church was meeting in a Boys and Girls Club when its former youth pastor Bob
Marvel became Senior Pastor in 1993. Cornwall experienced rapid growth, moving to its current location on
Northwest Drive in Bellingham to accommodate its expanding congregation. The PlainJoe team was tasked
with creating an engaging Graphics & Theming concept for their existing children's space. The Explorers
League features age-appropriate learning environments in a "steampunk" time-travelers clubhouse setting
along with projected digital overlays.
FIRST CHRISTIAN CHURCH / Huntington Beach, CA
One of the challenges faced while the campus was being updated was ensuring that its facilities were still
navigable by visitors. To help minimize the impact of the construction project, the PlainJoe team created a
graphics strategy which incorporated new signage and theming elements over time as buildings were
completed, while seamlessly maintaining the continuity of experience with existing themes and structures.
The PlainJoe team also developed a children's concept that would incorporate the existing, disparate, kids
ministries into a cohesive overall story. The new building became the home of THE PIER which housed the
"Lighthouse," the "Beach House," and the "Treehouse."
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3 / The Team: Experience (cont'd)
Architect-of-Record: Mars Hill Studio
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3 / The Team: Experience (cont'd)
Architect-of-Record: Visioneering Studios
2|42 COMMONS / Ann Arbor, MI
2|42 Community Church bought a run-down warehouse in the worst part of town with the goal of
transforming it into a year-round community center. Their idea was to reclaim the environment by reusing as
much of the existing space as possible to create a refuge for family and children; working within the existing
structures to bring out the best of the raw materials.
The PlainJoe team was charged with pulling that reclamation concept into a Graphics & Theming design that
helped bring the space to life. By pairing materials available onsite from the renovation work with natural,
fabricated pieces, the PlainJoe team was able to create a graphics and signage design that was tied to the
facility's past while pointing towards the possibilities of the future. The result is a multi-functional community
center where people can connect, bring their kids on a rainy day for basketball or soccer, enjoy a cup of coffee,
and gather to worship.
BAYSIDE CHURCH / Roseville, CA
For this multi-campus Graphics & Theming project, the PlainJoe team was tasked with crafting a story that
would parallel the learning experience of all ages. We saw this journey as circular; training and equipping at
home, going out into the world-to discover and explore-then returning home with that knowledge to teach
the next generation.
THRIVE Kids encompasses the first two steps. Here, children are taught and prepared to head out and
explore all of God's creation-surrounded by the tools and vehicles that will make such a journey possible. The
last step is captured in the design of the adult spaces. Nature has been brought back to the church, including
an artificial indoor park-complete with a twenty-six-foot-tall oak tree.
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3 / The Team: Experience (cont'd)
Architects-of-Record: Comstock Johnson (Granite Bay Campus) / Visioneering Studios (Blue Oaks Campus)
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3 / The Team: Experience (cont'd)
ASSEMBLIES OF GOD NATIONAL HQ / Springfield, MO
In anticipation of the 100 year anniversary, this growing denomination was gearing up to celebrate the ministry
and outreach of more than 360,000 churches globally. To help communicate the impact of their history and
continuing story, they partnered with the PlainJoe team for a complete brand refresh and multifaceted
Graphics & Theming update within their National Headquarters. The "Big Idea" was to complement their
existing Museum, which tells the story of where their movement has come from by turning their first three
floors into a "Museum of the Future" which tells a multi-media story of where their movement is going. During
their centennial celebration, there were over 8,000 visitors.
(Architect-of-Record: Visioneering Studios)
LEGACY INTERNATIONAL CENTER / San Diego, CA
On the former site of the Mission Valley Resort hotel, a unique campus is being developed which gives visitors
the chance to enjoy both a destination resort and a state-of-the-art educational/entertainment experience. The
PlainJoe team led the creative effort behind the signature "Wings Over Israel" flying theater attraction, which
just completed principal filming in the Holy Land.
(Architect-of-Record: Carrier Johnson + Culture)
RESTORATION ROASTERS / Corona, CA
Restoration Roasters is a unique gathering spot for coffee and tea lovers from across the Inland Empire.
However, Restoration Roasters is more than just a great cup of coffee; it's a place that gives people from the
Corona-Norco Rescue Mission an opportunity to gain vocational and life skills on the job by learning to become
a barista, interacting with customers, and assisting in business operations.
In keeping with the theme of restoration, the PlainJoe team crafted a Graphics & Theming concept centered
around reclaimed materials that could find new life by being used in unconventional ways. The result is an
immersive environment that engages the visitor and pairs strongly with Restoration Roaster's powerful
message.
(Architect-of-Record: DMJM)
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Total
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6 / Schedule:
Project life cycles will vary depending on the complexity and overall scope of a project. PlainJoe Studios will
work with you to develop an overall project timeline, detailing major milestones, once the project begins.
7 / Budget and Fees:
Total Phase 1 Budget: $565,607
Additional expenses may be incurred over the course of the project life cycle, to be approved by client, as
detailed in the terms and conditions.
All Schedules are pending contract sign dates and kick-off meeting schedules and are subject to change. This proposal and all of
its figures and dates expire within 10 business days of printed proposal date (Not yet submitted).
PlainJoe Studios (the "Studio") is pleased to submit the following Agreement to City of Lake Elsinore (the
"Owner") to provide, or coordinate for the provision of, Spatial Storytelling Services.
8.1) SCOPE OF SERVICES: The Studio will be providing Spatial Storytelling Services for the Owner's facilities
in Lake Elsinore,California as outlined in detail in this document and any attached Exhibits. More detailed
descriptions of the Scope of Services is found above in section "5 / Scope".
8.2) ADDITIONAL SERVICES: There are no additional services currently contemplated for this Project.
However, if it is later determined that additional Services are required by the Owner, or that other
Subcontractors are required by the Owner to be contracted under the Studio's contract to complete portions
of the design for this Project, the Owner will be notified and the Scope and Fee for the Additional Services or
other Sub Studios will be added to the Agreement by written Amendment.
8.3) SCOPE OF SERVICES COMPENSATION: The Owner will be responsible for compensating the Studio for
the Scope of Services provided (see section "8.1) Scope of Services") and Reimbursable Expenses (see section
"8.4) Reimbursable Expenses"). Fees for Scope of Services are outlined in section "7 / Budget and Fees".
The services provided under this Agreement will be billed as detailed in section "10.1) Invoicing".
8.4) REIMBURSABLE EXPENSES: Reimbursable expenses including costs related to travel, agency review,
design and construction related, and Owner requested printing, plotting, and other expenses directly
attributable to this project are in addition to compensation for Scope and Additional Services (see sections
"8.1) Scope of Services" and "8.2) Additional Services"). These expenses shall be billed by the Studio to the
Owner at one and one tenth (1.10) times the expense incurred by the Studio.
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8 / Basic Terms and Conditions:
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8 / Basic Terms and Conditions:
8.4) REIMBURSABLE EXPENSES: (cont'd) Reimbursable Expenses include, but are not limited to, the
following items as they are incurred specific to this Project:
•Airfare / Hotel / Rental Car / Meals
•Mileage (IRS guidelines)
•Postage / Shipping / Courier Fees
•Taxes / Tips / Parking / Tolls / Taxi / Shuttle
•Any governmental fees or costs advanced by the Studio as an Owner accommodation.
For the purposes of this contract, all travel is considered to fall under the category of reimbursable expenses.
Travel includes airfare, hotel, rental car, mileage, parking and meals.
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9 / Hourly Rates:
The Hourly Rates below are used for Services that are being provided by the Studio on a Time plus Materials
and Reimbursables basis, or for when Additional Services beyond those in this Agreement are requested by
the Owner, which will be incorporated into this Agreement in the form of a written Amendment signed by
both parties. The Studio reserves the right to adjust hourly fee rates for Additional Services due to changes in
market conditions, and will notify the Owner in writing in advance of any changes. The partial list of the
Studio's current hourly fee schedule in United States Dollars is:
•Clerical: $ 65 / hour
•Intern: $ 95 / hour
•Designer I: $ 115 / hour
•Designer II: $ 125 / hour
•Designer III: $ 135 / hour
•Project Manager I: $145 / hour
•Graphic Designer / Illustrator: $150 / hour
•Environmental Designer: $150 / hour
•Project Manager II: 155 / hour
•Principal Architect: $ 175 / hour
•Chief Creative Principal: $ 250 / hour
•Managing Principal: $ 250 / hour
The rates above are for the Studio's employees only. Other Subconsultants may have different position levels
and different hourly rates in addition to those listed above.
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10 / Additional Terms and Conditions:
10.1) INVOICING: The Studio shall invoice contract and reimbursable expenses on the following schedule:
•20% Deposit to Commence Project
•30% Upon Presentation of Schematic Design
•45% to Commence Fabrication
•5% Upon Completion of Contract Work
Invoices are due and payable upon receipt. Amounts unpaid forty-five (45) days after the receipt of the
invoice will be subject to a service charge of one and five tenths percent (1.5%) per month. Should the Owner
fail to pay current invoices for more than forty-five (45) days, the Studio may stop work on the Project until
payment is received or terminate this Agreement with the Owner by giving at least ten (10) days written
notice to the Owner. The Studio shall not be held liable for any damages or losses that may result from such
suspension or termination of services according to the provisions set forth in this contract. The Owner
agrees to inform the Studio of any disputed invoices within fifteen (15) days of the invoice date with a clear
description of the nature of the dispute. The Owner may not make deductions from the Studio's
compensation on account of problems or losses for which the Studio has not been held legally liable.
10.2) PROJECT SUSPENSION / RESUMPTION: If the Project is suspended by the Owner for more than
thirty (30) consecutive days, the Studio shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Studio's compensation shall be equitably adjusted to provide
for expenses incurred in the interruption and resumption of the Studio's services. If the project is suspended
by the Owner for more than sixty (60) consecutive days, the Studio may terminate the Agreement without
penalty, by giving not less than seven (7) days written notice.
10.3) TERMINATION: In the event of termination by the Owner, the Studio shall be given ninety (90) days
written notice and shall be compensated for services performed prior to termination, together with the
Termination Fee and Reimbursable Expenses. The Termination Fee is in addition to compensation for services
performed and shall be computed as five percent (5%) of the total remaining outstanding contract. One
hundred percent (100%) of the compensation for services performed is due despite cancellation or
postponement of the job if the work has been completed. In the event of termination by the Studio, the Studio
shall only be compensated for services performed prior to termination, together with Reimbursable Expenses
then due. Upon termination, all rights to the art revert to PlainJoe Studios and all original art must be
returned, including sketches, comps, or other preliminary materials.
10.4) REVISIONS: Design requests will be limited to the design phases outlined in section "5 / Scope".
Additional fees will be charged for revisions requiring a new conceptual direction or changes to Project
Scope.
10.5) OWNER'S RESPONSIBILITY: The Owner shall provide full information, including documentation which
sets forth the Owner's objectives, schedule, constraints, and code requirements, with reasonable
contingencies and criteria. The Owner shall also furnish any reports, tests, surveys, inspection, architectural
plans, elevations, or other documentation reasonably requested by the Studio. The Owner shall provide
drawings of the existing site conditions and any existing buildings as well as any other site improvements or
new construction that are to be part of the Project. All of the foregoing shall be furnished at the Owner's
expense, and the Studio shall be entitled to rely upon the accuracy and completeness of the information
provided by the Owner or by other third parties. In the event that changes are made to the existing site or to
any new construction and it affects the work detailed in this contract; it is the Owner's responsibility to
inform the Studio in a reasonable amount of time. In the event that the Owner has signed-off on the Studio's
work and changes to the deliverables are required, the Owner will assume responsibility for the costs
incurred.
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10 / Additional Terms and Conditions: (cont'd)
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10 / Additional Terms and Conditions: (cont'd)
10.5) OWNER'S RESPONSIBILITY: (cont'd)
In addition, the Owner agrees/understands that they:
•will make a good faith effort to respond within 3 business days to any request for information deemed
necessary by the Studio to facilitate the design/build process.
•will make a good faith effort to participate, within 5 business days of request, in any meeting
requested and deemed necessary by the Studio to facilitate the design/build process.
•will assist the Studio, as necessary, in securing participation of external agents (such as project
architects, engineers, or contractors), in any meeting requested or deemed necessary by the Studio to
facilitate the design/build process.
•will ensure notification of the Studio of any change to the architectural or programming plans that
impact the design/build of systems covered herein, within 3 business days of such change.
•acknowledge that failure to carry out the responsibilities detailed in this section may result in changes
or increases to the project timeline and/or budget.
10.6) HOLDING FEE: The Owner agrees to provide deliverable(s) as requested by the Studio which are
deemed necessary for the completion of the project. In the event that the Owner is unable to provide
deliverable(s) by the date agreed upon, the Owner must give the Studio a ten (10) business day written notice
prior to the deliverable(s) due date. If the Studio has not received notice, and the deliverable(s) are not
received on the due date, the Owner shall be subject to a Holding Fee and an adjusted project delivery date.
The Holding Fee will be equal to one hundred dollars ($100) per business day until the deliverables are
received by the Studio.
Deliverables will be agreed upon with the Owner and may include, but are not limited to, the following items:
•Documentation of existing or new facilities (floor plans, elevations, etc.)
•Documentation of work being undertaken by other third party contractors (AV plans, acoustic layouts,
interior design information, etc.)
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10 / Additional Terms and Conditions: (cont'd)
10.7) OWNERSHIP OF DOCUMENTS AND INDEMNIFICATION: See section "11.1) Use of Studio's
Instruments of Service and Indemnification Agreement" for specific language regarding ownership of the
Design Work and other documents prepared by the Studio as part of this Agreement, and for additional
indemnification language.
The Studio agrees, to the fullest extent permitted by law, to indemnify and hold the Owner harmless from any
damage, liability, or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by:
1) the Studio's negligent acts, errors, or omissions in the performance of professional services under this
Agreement; 2) the Studio's subcontractor's negligent acts, errors, or omissions in the performance of
professional services under this Agreement; and/or 3) anyone for whom the Studio is legally liable.
The Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Studio harmless from any
damage, liability, or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by
the Owner's negligent acts, errors, or omissions and those of the Owner's contractors, subcontractors,
agents, or Studios for anyone for whom the Owner is legally liable, and arising from the Project that is the
subject of this Agreement.
The Studio is not obligated to indemnify the Owner in any manner whatsoever for the Owner's own
negligence. Both parties hereby mutually waive any claims for consequential damages which either might
have against the other concerning this Agreement or its termination.
The parties both acknowledge that each is a business entity, and agree that neither the Owner nor the Studio
shall assert any claim or seek any remedy against the other's affiliated individuals, or against the other's
affiliated business entities, concerning the actual or alleged negligence of those individuals.
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10 / Additional Terms and Conditions: (cont'd)
10.8) LIMITATION OF LIABILITY: In recognition of the relative risks and benefits of the project to both the
Owner and the Studio, the risks have been allocated such that the Owner agrees, to the fullest extent
permitted by law, to limit the liability of the Studio and its subcontractors on the project for any and all claims,
losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the
total aggregate liability of the Studio and the Studio's subcontractors to all those named shall not exceed the
Studio's total fee actually received as payment for services rendered on this project.
10.9) DISPUTE RESOLUTION: Any dispute arising out of this Agreement shall be resolved by binding
arbitration before a single arbitrator pursuant to the Expedited Commercial Rules of JAMS and any award
rendered may be entered in any court of competent jurisdiction. This Agreement shall be construed in
accordance with the laws of California without reference to any conflict of law provisions. Venue shall only be
proper in Riverside County, CA. In any arbitration or other proceeding arising out of this Agreement, the
prevailing party shall be entitled to reasonable attorneys' fees and costs incurred.
10.10) ASSIGNMENT: Neither party to this Agreement shall transfer, sublet, or assign any rights under or
interest in this Agreement (including but not limited to monies that are due or monies that may be due)
without the prior written consent of the other party, except as noted in this Agreement allowing the Studio to
hire subcontractors to complete portions of the Services under this Agreement.
10.11) HAZARDOUS MATERIALS: It is acknowledged by both parties that the Studio's scope of services does
not include any services related to asbestos or hazardous or toxic materials of any kind. In the event the
Studio, the Studio's subcontractors, or any other party encounters asbestos or hazardous or toxic materials
or toxic mold at the job site, or should it become known in any way that such materials exist at the job site, or
any adjacent areas that may affect the performance of the Studio's services, the Studio may, at the Studio's
option and without liability for consequential or any other damages, suspend performance of services on the
project until the Owner retains appropriate specialist(s) or contractor(s) to identify, abate, and/or remove the
asbestos or hazardous or toxic materials, and warrant the job site is in full compliance with the applicable
laws and regulations.
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10 / Additional Terms and Conditions: (cont'd)
10.12) NOTICES: All notices, requests, demands, and other communications given, or required to be given
under this Agreement, shall be in writing, duly addressed to the parties as follows:
If to the Owner, at:
City of Lake Elsinore
130 South Main Street
Lake Elsinore,California 92530
Attn:Jason Simpson
If to the Studio by US Mail or if by overnight Courier, at:
PLAINJOE STUDIOS ARCHITECTURE
7345 Piute Creek Drive
Corona, CA 92881
Attn: Blake Ryan
Any notices properly addressed and personally delivered shall be deemed to have been duly given and
received upon such personal delivery, and any notices properly addressed and sent by registered or certified
mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours
after they are deposited in the United States mail, postage prepaid. Notices shall be deemed delivered and
received at the time delivered if properly addressed and delivered to the addresses set forth in this paragraph
during normal business hours or personally delivered to the person to whose attention they are addressed.
Notice sent by any other manner shall be effective only upon actual receipt of the addressee. Any party may
change its address for purposes of this Agreement by giving notice to the other party as provided in this
paragraph.
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10 / Additional Terms and Conditions: (cont'd)
10.13) ENTIRE AGREEMENT: This Agreement supersedes all negotiations and prior agreements concerning
the Project and is intended as the complete and exclusive statement of the entire agreement between the
Owner and the Studio concerning the Project. All prior or contemporaneous agreements or understandings,
oral or written, are superseded by this Agreement and shall not be effective for any purpose. No provision of
this Agreement may be amended or modified except by an agreement, in writing, signed by the parties or
their respective successors of interest and expressly stating that it is an amendment of this Agreement. No
failure to exercise or delay in exercising any right under this Agreement shall be construed as a waiver, and no
waiver of a breach of any term of this Agreement shall be construed as a waiver of a subsequent breach of the
same or other terms. In the event the Studio reasonably seeks the assistance of an attorney pursuant to the
enforcement of an arbitration decision the Studio shall be entitled to recover from the other its reasonable
litigation costs including expert and attorneys' fees. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective partners, joint venturers, principals, heirs, estates, personal
representatives, successors and assigns; but except as expressly provided herein, this Agreement is not
intended to bestow any rights on any third parties.
10.14) SEVERABILITY: If any paragraph, section, sentence, clause, or phrase contained in this Agreement
becomes or is held by any court of competent jurisdiction to be illegal, null, void, or against public policy, then
that provision shall not be void, but rather shall be interpreted as operating only to the fullest extent as
allowed by law, and the remaining paragraphs, sections, sentences, clauses, or phrases contained in this
Agreement shall not be affected thereby.
10.15) GOVERNING LAW: This Agreement is being entered into in Corona, California; and it shall be
interpreted and enforced under and pursuant to the laws of the State of California.
10.16) COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which
shall be an original, but all of which shall constitute one and the same instrument.
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10 / Additional Terms and Conditions: (cont'd)
10.17) OTHER CONDITIONS: The Studio warrants that all of the Services provided by and on its behalf
pursuant to this Agreement will be performed with reasonable care, skill, and diligence in accordance with
generally and currently accepted industry standards of practice. This warranty is in lieu of all other
warranties, either express or implied. In particular, and without limitation, in no event will the Studio
guarantee cost estimates or projections, suitability for a specific purpose, or any prognostications as to future
events; and it is understood that when used in conjunction with the providing of Services pursuant to this
Agreement, such terms as "certify," "warrant," "verify," "confirm," "make certain," "ensure," "assure," or the like
do not constitute a guarantee, but rather a representation based on the Studio's opinion or judgment.
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11 / Authorization:
11.1) USE OF STUDIO'S INSTRUMENTS OF SERVICE AND INDEMNIFICATION AGREEMENT: The Owner
acknowledges that the Design Work and other documents prepared by PlainJoe Studios (the "Studio") for
this Project are instruments of professional services for use solely with respect to this Project and, unless
otherwise provided, the Studio shall be deemed the author of these documents and shall retain all common
law, statutory, and other reserved rights, including the copyright. Upon Completion of the Studio's services
the Owner may retain copies of the Studio's Design Work and other documents that were disbursed to them
during the course of the Project. The Studio will grant the Owner a limited license to use the documents for
completion of the current Project and for information and reference in connection with the Owner's use and
occupancy of the completed Project. The Studio's Design Work and other documents shall not be used by the
Owner, or others on other projects or for additions to this Project, except by agreement in writing with the
Studio. All rights not expressly granted above are retained by the Studio, including any electronic rights or
usage, and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use
additional to that expressly granted above requires arrangement for payment of a separate fee. Technically,
all rights not specifically signed over remain with the Studio.
Since the design intent and Design Work and other documents are originating from the Studio and are the
creative property of the Studio, specific terms regarding publicizing the project are outlined below. If the
Owner creates any publicity materials regarding the Project or that include any versions or iterations of the
Studio's Design Work and other documents, either in hard copy or electronic format, the Owner agrees to
provide appropriate credit to the Studio as the "Design Firm" for the Project.
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11 / Authorization:
11.2) AUTHORIZATION: PlainJoe Studios is hereby requested and authorized by City of Lake Elsinore of
Lake Elsinore,California to provide, or coordinate for the provision of, Spatial Storytelling Services as
described above and as further detailed in any attachments to this Agreement. This proposal is only valid for
ten (10) days from the date of issue and may be amended or withdrawn by the Studio if the Studio has not
received an executed acceptance by the Owner in writing within that time frame. All the foregoing is agreed
to and authorized by:
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Telling your story.
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-415
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: WarrantsIn Control: City Council / Successor Agency
Agenda Number: 1)
Page 1 City of Lake Elsinore Printed on 11/9/2017
REPORT TO SUCCESSOR AGENCY BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chairman and Members of the Successor Agency
From:Grant Yates, Executive Director
Prepared by:Frances Ramirez, Account Specialist II
Approved by:Jason Simpson, Assistant Executive Director
Date:November 14, 2017
Subject:Warrant List Dated October 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.
Attachments:
Exhibit A -Warrant Summary
Exhibit B -Warrant List
OCTOBER 26, 2017
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
WARRANT
SUMMARY
FUND#FUND DESCRIPTION TOTAL
510 SUCCESSOR TO RDA AREA 1 1,906.67$
540 SUCCESSOR STADIUM CAPITAL 65,058.82
GRAND TOTAL 66,965.49$
Exhibit A 1 of 1
OCTOBER 26, 2017
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
WARRANT LIST
WARRANT#Vendor Name Amount
131652 LEIBOLD, MCCLENDON & MANN, PC 1,906.67$
131662 THE PRESS ENTERPRISE 217.80
131708 LAKE ELSINORE STORM, LP 57,891.00
131715 GUS PAPAGOLOS 6,937.50
131727 SOUTHERN CALIFORNIA EDISON 12.52
GRAND TOTAL 66,965.49$
Exhibit B 1 of 1
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-416
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 2)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Page 1
City of Lake Elsinore
Successor Agency
Regular Meeting Minutes
Tuesday, October 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 7:00 p.m. by Chair Magee.
Roll Call
Present: Members Hickman, Tisdale and Manos; Vice Chair Tem Johnson and Chair Magee
Absent: None
Public Comments – Non-Agendized Items
There were no members of the public appearing to speak.
Consent Calendar
It was moved by Council Member Manos, Seconded by Council Member Hickman, and unanimously
carried, to approve the Consent Calendar
9) SA Warrant List Dated September 28, 2017 – received and filed
10) Successor Agency Minutes for the Regular Meetings of August 22nd, September 12th and
September 26, 2017 - received and filed
Business Items
13) Issuance and Sale of Third Lien Tax Allocation Bonds and Related Documents, Civic Partners, LLC
and McMillin Summerly LLC
Brian Forbath from Stradling Attorneys at Law, provided the Staff Report.
It was moved by Member Tisdale, seconded by Member Hickman, and unanimously carried, to adopt
the Resolution.
Resolution No. 2017-006
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF THIRD
LIEN TAX ALLOCATION BONDS AND APPROVING THE FORM OF AN INDENTURE OF TRUST,
BOND PURCHASE CONTRACT, CONTINUING DISCLOSURE CERTIFICATE AND RELATED
DOCUMENTS AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
Page 2
Adjournment
The meeting adjourned at 8:05 p.m. to Tuesday, October 24, 2017, at 7:00 p.m. in the Cultural Center,
183 N. Main Street, Lake Elsinore.
____________________________ ____________________________
Robert E. Magee Susan M. Domen, MMC
Chair Clerk
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2014-055
Agenda Date: 11/14/2017 Status: Consent AgendaVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 10)
Page 1 City of Lake Elsinore Printed on 11/9/2017
Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2014-056
Agenda Date: 11/14/2017 Status: Public HearingVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 11)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Subject:Formation of Community Facilities District (CFD) No. 2017-1 (Mission Trails
Services) of the City of Lake Elsinore
Recommendation
adopt A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS
SERVICES) OF THE CITY OF LAKE ELSINORE, AUTHORIZING THE LEVY OF SPECIAL TAX
THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN
ACTIONS RELATED THERETO
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT
NO. 2017-1 (MISSION TRAILS SERVICES)
introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS
SERVICES) OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF SPECIAL
TAXES
Background and Discussion
On June 27, 2017, the Council approved a Residential Design Review No. 2016-23, an affordable
multifamily development with 81 apartment units known as the Mission Trails Apartments. Upon
approval of the project, a Condition of Approval was for the establishment of a CFD for law
enforcement, fire and paramedic services to mitigate the fiscal impacts of the project on public
safety services. The applicant for the development of Mission Trails Apartments is Lake Elsinore
CCR, LLC (Applicant) proposes to develop the 5.37-acre vacant property and build 81 attached
apartment units consisting of both two and three-bedroom apartments. The Applicant has
requested assistance from the City to establish CFD No. 2017-1 (Mission Trails Services) for the
levying special taxes on parcels of taxable property to provide certain services which are
necessary to meet increased demands placed upon the City.
Mission Trail Services
November 14, 2017
Page 2
The City is the current landowner and has provided a Petition and Waiver including a description
of the area described in Exhibit A of the Resolution of Intention to be included into CFD No. 2017-
1 and that a Rate and Method of Apportionment of the special taxes to be levied as described in
Exhibit C. The City has submitted a Consent and Waiver form on file in the City Clerk's Office, to
initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982, requesting the formation
of CFD No. 2017-1 (Mission Trails Services) and consenting to the shortening of election time
requirements, waiving analysis and arguments, and waiving all notice requirements relating to the
conduct of the election.
The Resolution of Intention was approved on September 26, 2017, which called for a public
hearing to be held on November 14, 2017, for the Council to formally consider approval to form
the CFD and hold an election on the approval of the special taxes within the CFD. Notice of the
public hearing was published in the Press Enterprise and mailed to the property owner.
In connection with the public hearing, Spicer Consulting Group has prepared a CFD Public
Hearing Report which describes and analyzes the services to be finance by the CFD and the
estimated costs of such services. Following the close of the public hearing, Council will be asked
to adopt Resolutions which approve the formation of the CFD and the necessity to levy special
taxes annually to pay for the costs of the services and calling an election to submit to the qualified
voters in the CFD ballot measures on the approval of the special taxes and an appropriations limit
for the CFD.
On file with the City Clerk is a Certificate of the Registrar of Voters of Riverside County certifying
that there are no registered voters residing within the boundaries of the CFD. Accordingly, under
the Mello-Roos Act only property owners owning land in the District are eligible to vote at the
election with each owner having one vote for each acre (or portion thereof) that they own within
the CFD. The City has executed a Consent Waiver as to certain election procedures that allow
the election to be held immediately following the adoption of the resolution forming the CFD.
Accordingly, assuming the City Council decides to approve such Resolution, the City Clerk will
conduct the election and the City Council will be presented with the requisite 2/3rds vote, the
Council would be asked to introduce the Ordinance authorizing the levy of the Special Tax. A
notice of special tax lien will be filed on all of the property within the CFD.
Fiscal Impact
Pursuant to the rate and method of apportionment, establishes a maximum tax of $100 per year
for multi-family residential property. The maximum special tax rate is proposed to escalate each
year at the greater of Consumer Price Index (CPI) or 4 percent. The District will be required to
annually levy special taxes on all of the taxable property within District in order to pay for the costs
of the services and administration of the CFD.
Exhibits
A. Resolution Establishing CFD No. 2017-1
A1 Rate and Method
A2 Ballot
B. Resolution Certifying Election Results
C. Ordinance Authorizing the Levy of the Special Tax
D. Certificate of the Registrar of Voters
Mission Trail Services
November 14, 2017
Page 3
E. Project Map
F. NOPH
RESOLUTION NO. 2017-____
A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS
SERVICES) OF THE CITY OF LAKE ELSINORE, AUTHORIZING THE LEVY OF
SPECIAL TAX THEREIN, CALLING AN ELECTION AND APPROVING AND
AUTHORIZING CERTAIN ACTIONS RELATED THERETO
Whereas,the City Council (Council) of the City of Lake Elsinore (City), adopted Resolution No.
2017-111, (Resolution of Intention) (i) declaring its intention to establish Community Facilities
District No. 2017-1 (Mission Trails Services) (CFD No. 2017-1) pursuant to the Mello-Roos
Community Facilities Act of 1982 (Act), commencing with Section 53311 of the California
Government Code (Government Code), (ii) proposing to levy a special taxes within CFD No. 2017-
1 pursuant to the Rate and Method of apportionment of the special tax, as set forth in Attachment
A attached to the Resolution of Intention, and (iii) calling a Public Hearing on the establishment of
CFD No. 2017-1 for November 14, 2017; and,
Whereas,before the time for the Public Hearing, as directed in the Resolution of Intention, Spicer
Consulting Group filed with the Council the report required by California Government Code Section
53321.5 (Hearing Report); and,
Whereas,a notice of the Public Hearing was duly published as required by the Act, as evidenced
by the affidavit of publication on file with the City Clerk; and,
Whereas,pursuant to the Act and the Resolution of Intention, a noticed Public Hearing was
convened by the Council on November 14, 2017, not earlier than the hour of 7:00 p.m. at the City
Hall located at 183 N Main Street, Lake Elsinore, California 92530, relative to the establishment of
CFD No. 2017-1; and,
Whereas,at the hearing, the testimony of all interested persons desiring to be heard on the
establishment of CFD No. 2017-1, the extent thereof, the furnishing of specified types of services,
the proposed special tax, the establishment of an appropriations limit for CFD No. 2017-1, or any
other matters set forth in the Resolution of Intention was heard and a full and fair hearing was
conducted thereon; and,
Whereas,written protests against the establishment of CFD No. 2017-1, the furnishings of
specified type or types of services in CFD No. 2017-1 as listed in the Hearing Report, or the levying
of the special tax have not been filed by the owners of one-half or more of the area of land in the
territory proposed to be included in CFD No. 2017-1 and not exempt from this special tax; and,
Whereas,on the basis of all of the foregoing, the Council has determined at this time to establish
CFD No. 2017-1 and to submit to the qualified electors of CFD No. 2017-1 the levy of the special
tax therein (as such tax is more particularly described in Exhibit B hereto) and the establishment of
an appropriations limit for CFD No. 2017-1; and,
Whereas, the ballot questions regarding the levy of the special tax and the establishment of the
appropriations limit have been combined into a single ballot measure pursuant to Section 53353.5
of the Government Code, as provided in the form of a Special Election ballot attached hereto as
Exhibit C and by this reference incorporated herein; and,
CC Res. No. 2017-_____
Page 2 of 4
Whereas,the Riverside County Registrar of Voters has certified that fewer than 12 persons were
registered to vote within the territory of CFD No. 2017-1 as of October 3, 2017, which date is within
the 90-day period preceding the close of the hearing; and,
Whereas,the Council has received a written instrument from each landowner in CFD No. 2017-1
consenting to the shortening of election time requirements, waiving analysis and arguments, and
waiving all notice requirements relating to the conduct of the election; and,
Whereas,the City Clerk has concurred in the election date set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 Council hereby makes the Hearing Report a part of the record of the hearing.
Section 3.No Majority Protest. The formation of CFD No. 2017-1 and the levy of the proposed
special tax within CFD No. 2017-1 has not been precluded by majority protest pursuant to Section
53324 of the Act.
Section 4.Establishment of District. As proposed in the Resolution of Intention, a CFD is hereby
established pursuant to the Act, designated “CFD No. 2017-1 (Mission Trails Services).”
Section 5. Finding of Procedural Regularity. All prior proceedings had and taken by the Council
with respect to the formation of CFD No. 2017-1 are valid and in conformity with requirements of
the Act.
Section 6. Boundaries of CFD No. 2017-1. The boundaries of CFD No. 2017-1 shall be as set
forth in the map entitled Proposed Boundary Map, CFD No. 2017-1 (Mission Trails Services) that
was filed with the Riverside County Recorder on October 3, 2017, in Book 81 of Maps of
Assessment and CFD’s, at Page 46, Document No. 2017-0409414.
Section 7. Description of Authorized Services. The Services proposed to be financed by CFD No.
2017-1 are described in Exhibit A attached hereto. The cost of providing the Services includes
incidental expenses, which include costs associated with the creation of CFD No. 2017-1,
determination of the amount of special taxes, collection or payment of special taxes, or costs
otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services
authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the
territory of CFD No. 2017-1 and do not supplant services already available within that territory.
Section 8. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are
otherwise available, subject to the approval of the qualified electors of CFD No. 2017-1, a special
tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be
levied annually in CFD No. 2017-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit B hereto.
CC Res. No. 2017-_____
Page 3 of 4
Section 9. Apportionment of Tax. The special tax as apportioned to each parcel is based on the
cost of making the Services available to each parcel, or other reasonable basis, and is not based
on or upon the ownership of real property.
Section 10.Tax Roll Preparation. The office of the Assistant City Manager, is hereby designated
as the office that will be responsible for annually preparing a current roll of special tax levy
obligations by assessor’s parcel number and that will be responsible for estimating future special
tax levies pursuant to Government Code section 53340.2. The Assistant City Manager may cause
these functions to be performed by his or her deputies, assistants, or other designated agents.
Section 11.Appropriations Limit. The Council proposes that the appropriations limit, as defined
by Article XIII B, Section 8(h), of the Constitution of the State of California, for CFD No. 2017-1 be
established in the amount of special taxes collected.
Section 12.Accountability Measures. Pursuant to Section 50075.1 of the California Government
Code, the City shall create a separate account into which tax proceeds will be deposited; and the
Finance Director annually shall file a report with the Council that will state (a) the amount of funds
collected and expended and (b) the status of the Services financed in CFD No. 2017-1.
Section 13.Special Election; Voting Procedures. The Council hereby submits the question of
levying the special tax and the establishment of the annual appropriations limit for CFD No. 2017-
1 to the qualified electors within CFD No. 2017-1, in accordance with and subject to the Act. The
Special Election shall be held on November 14, 2017, and shall be conducted as follows:
(a) Qualified Electors. The Council hereby determines that the Services is necessary to
meet increased demands placed upon the City as a result of development occurring within the
boundaries of CFD No. 2017-1. Because fewer than twelve registered voters resided within CFD
No. 2017-1 on October 3, 2017 (a date within the 90 days preceding the close of the public hearing
on the establishment of CFD No. 2017-1), the qualified electors shall be the landowners within CFD
No. 2017-1, and each landowner who was the owner of record at the close of the hearing shall
have one vote for each acre or portion of an acre of land that such landowner owns within CFD No.
2017-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the
question of levying the special tax and establishing an appropriations limit for CFD No. 2017-1 shall
be consolidated, and the two propositions shall be combined into a single ballot proposition for
submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall
be conducted as a Mail Ballot election. The Council hereby ratifies the City Clerk’s delivery of a
ballot to each landowner in CFD No. 2017-1. The City Council hereby ratifies the form of the ballot,
which is attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to the
close of the public hearing on the formation of CFD No. 2017-1 on November 14, 2017. The City
Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day
by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the
special election as soon as the election is closed (on November 14, 2017, or when all qualified
electors have voted) at the Council Chambers. At the conclusion of the canvass, the City Clerk
shall announce the results of the election.
CC Res. No. 2017-_____
Page 4 of 4
(f) Declaration of Results. The Council Shall Declare the results of the Special Election
following the completion of the canvass of the returns and shall cause to be inserted into its minutes
a statement of the results of the special election as ascertained by the canvass of the returns.
Section 14.Filing of Resolution and Map with City Clerk. The Council Hereby Directs the City
Clerk to file a copy of this resolution and the map of the boundaries of CFD No. 2017-1 in his/her
office.
Section 15.Lien to Secure Special Tax. Upon a determination by the Council that two-thirds of
the votes cast upon the question of levying the special tax were in favor thereof, the City Clerk shall
record the notice of special tax lien provided for in Section 3114.5 of the California Streets and
Highways Code. Upon recordation of the notice of special tax lien, a continuing lien to secure each
levy of the special tax shall attach to all nonexempt real property in CFD No. 2017-1, and this lien
shall continue in force and effect until collection of the tax by the Council ceases.
Section 16.The Resolution shall take effect immediately after its adoption.
Section 17.Certification. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
Passed and Adopted on this 14th day of November 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 November 14, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
City of Lake Elsinore Page 1
Community Facilities District No. 2017-1 (Mission Trails Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2017-1 (Mission Trails Services) (the “CFD No. 2017-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2018, in an amount determined by the City Council of the City of Lake Elsinore, acting in its capacity as
the legislative body of CFD No. 2017-1, by applying the rate and method of apportionment set forth below.
All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be
taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation and administration of CFD No. 2017-1 including, but not limited to: the costs of computing
the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or
designee thereof or both); the costs to the City, CFD No. 2017-1, or any designee thereof associated
with fulfilling the CFD No. 2017-1 reporting requirements; the costs associated with responding to
public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017-1 or any designee
thereof related to an appeal of the Special Tax; and the City's annual administration fees and third
party expenses. Administrative Expenses shall also include amounts estimated or advanced by the
City or CFD No. 2017-1 for any other administrative purposes of CFD No. 2017-1, including attorney's
fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
“Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the identification number assigned to a parcel by the County
Assessor of the County of Riverside.
“CFD” or “CFD No. 2017-1” means the City of Lake Elsinore Community Facilities District No. 2017-1
(Mission Trails Services).
“City” means the City of Lake Elsinore.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
City of Lake Elsinore Page 2
Community Facilities District No. 2017-1 (Mission Trails Services)
“Developed Multi-Family Property” means all Assessor's Parcels of Developed Property for which a
building permit or use permit for the construction of a residential structure with two or more
Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator,
has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Single Family Property” means any residential property other than a Developed Multi-
Family Property on an Assessor’s Parcel for which a building permit for new construction has been
issued by the City on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being
levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section D.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for
any Fiscal Year.
“Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Assessor’s Parcels.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Services” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth
in Appendix B.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of
Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain
costs as required to meet the public safety needs of CFD No. 2017-1 in both the current Fiscal Year
and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection
services, (ii) fire protection and suppression services, (iii) paramedic services, (iv) fund an operating
reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses.
Under no circumstances shall the Special Tax Requirement include funds for bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit.
City of Lake Elsinore Page 3
Community Facilities District No. 2017-1 (Mission Trails Services)
B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES
As of July 1 of each Fiscal Year, commencing July 1, 2018, the Council shall determine the Special Tax
Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which
constitute a Developed Single Family Property or a Developed Multi-Family Property until the
aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied
Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable
Maximum Special Tax to satisfy the Special Tax Requirement.
The Maximum Special Tax for Fiscal Year 2018-2019 for a Developed Single Family Property and a
Developed Multi-Family Property are shown below in Table 1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2018-2019
Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family Property RU $167
Developed Multi-Family Property RU $100
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2019 the Maximum Special Tax for Developed Property shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles -
Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
four percent (4.0%), whichever is greater.
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of
Formation for CFD No. 2017-1 is an Exempt Property.
C. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being
provided within the boundaries of CFD No. 2017-1.
D. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017-1, any Assessor’s Parcel in any of the
following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication,
encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the easement;
(iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public
uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined
by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or
a Developed Multi-Family Property.
City of Lake Elsinore Page 4
Community Facilities District No. 2017-1 (Mission Trails Services)
E. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal,
and if necessary, meet with the property owner, consider written and oral evidence regarding the
amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the
Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash
refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel
in the subsequent Fiscal Year(s).
F. MANNER OF COLLECTION
The Maximum Special Taxes levied in each Fiscal Year shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the
same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
However, the District may collect the Special Tax at a different time or in a different manner if
necessary to meet its financial obligations.
The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section
3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall continue in force and effect
until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government
Code.
City of Lake Elsinore Page 5
Community Facilities District No. 2017-1 (Mission Trails Services)
APPENDIX A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MISSION TRAILS SERVICES)
SUMMARY
Mission Trails Services - It is estimated that the cost of providing police, fire protection, and paramedic
services being funded by the Special Tax for the Community Facilities District No. 2017-1 (Mission Trails
Services) will be as follows for the Fiscal Year 2018-2019:
$167 per residential unit for Developed Single Family Residential Property
$100 per residential unit for Developed Multi-Family Residential Property
Annual Escalation - On each July 1, commencing on July 1, 2019 the Maximum Special Tax for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or
ii) by four percent (4.0%), whichever is greater.
Fiscal
Year
Tract/
APN
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special Tax Subdivider
2018-19 365-030-001
Mission Trails
Apartments 81
Developed Mult-
Family Property $100 Lake Elsinore CCR, LLC
City of Lake Elsinore Page 6
Community Facilities District No. 2017-1 (Mission Trails Services)
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MISSION TRAILS SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by
Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice services),
fire protection and suppression services, and paramedic services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of
Apportionment and to establish an operating reserve for the costs of services as determined by the
Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 for the
benefit of the properties within the boundaries of CFD No. 2017-1 and said services may be financed by
proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided
in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.
CITY OF LAKE ELSINORE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES)
(November 14, 2017)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2017-1 (Mission Trails Services) (“CFD No. 2017-1”) of the
City of Lake Elsinore:
Name of Landowner Number of Acres Owned Total Votes
City of Lake Elsinore 5.37 6
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of
Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951)
674-3124 x 269 if the name set forth below is incorrect or if you are no longer one of the owners
of these parcels. This special tax ballot may be used to express either support for or opposition
to the proposed special tax. To be counted, this special tax ballot must be signed below by the
owner or, if the owner is not an individual, by an authorized representative of the owner. The
ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
November 1, 2017, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on November 14,
2017, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on November 14, 2017.
Very truly yours,
Susan M. Domen, MMC
City Clerk
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
City of Lake Elsinore
Attn: Jason Simpson
130 N. Main Street
Lake Elsinore, CA 92530
365-030-001
CITY OF LAKE ELSINORE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Lake Elsinore be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Establish Community Facilities District No. 2017-1 (Mission Trails
Services) adopted by the City Council on September 26, 2017 (the
“Resolution”), which is incorporated herein by this reference, within
the territory identified on the map entitled “Proposed Boundary Map
Community Facilities District No. 2017-1 (Mission Trails Services)
City of Lake Elsinore” to finance certain services as set forth in
Section 4 to the Resolution (including incidental expenses), and shall
an appropriation limit be established for the Community Facilities
District No. 2017-1 (Mission Trails Services) in the amount of special
taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
City of Lake Elsinore
By: Jason Simpson
Signature
Print Name
Title
RESOLUTION NO. 2017-_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES
DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES)
Whereas, on November 14, 2017, at the time set for the public hearing in the matter of Community
Facilities District No. 2017-1 (Mission Trails Services) (CFD No. 2017-1) by the Resolution of
Intention adopted by this Council (Council) on September 26, 2017, the public hearing was
conducted, and at the close of the Public Hearing, this Council determined that a majority protest
under Section 53324 of the Government Code was not made at the hearing; and,
Whereas,at the conclusion of the Public Hearing, the Council adopted its Resolution of Formation
(Resolution of Formation) pursuant to Section 53325.1 of the Government Code, thereby
completing its proceedings for formation of CFD No. 2017-1; and,
Whereas, in order to proceed with the levy of the special tax to provide specified types of services,
and establish an appropriations limitation for CFD No. 2017-1 in the amount of special taxes
collected, as provided by the Resolution of Formation, the matters must be submitted to an
election of the qualified electors of CFD No. 2017-1; and,
Whereas, the Resolution of Formation called the Special Mailed-Ballot election for this date of
November 14, 2017, and,
Whereas, the questions of whether to levy the special tax and set the appropriations limit at the
amount of special taxes collected was provided in a single ballot measure pursuant to Section
53353.5 of the Government Code, as provided in the form of the Special Election Ballot attached
to the Resolution of Formation as Exhibit C; and,
Whereas, a Certificate of Election Results, dated November 14, 2017, executed by the City Clerk
(or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been
filed with this Council, certifying that a completed ballot has been returned to the Clerk for each
landowner-voter eligible to cast a ballot in said special election, with all votes cast as “Yes” votes
in favor of the ballot measure, and further certifying on said basis that the Special Mailed-Ballot
election was closed; and,
Whereas, the Council has received, reviewed and hereby accepts the Clerk’s Certificate of
Election Results and wishes by this Resolution to declare the results of the Special Mailed-Ballot
Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.Recitals. The foregoing recitals are true and correct.
Section 2.Ballot Measure. The ballot measure submitted to the qualified electors of the
territory to be annexed to CFD No. 2017-1 has been passed and approved by those qualified
electors in accordance with Sections 53328(a) of the Government Code.
Section 3.Notice of Special Tax Lien. Direct the Clerk to cause the preparation and
recordation with the County Recorder of the County of Riverside of a notice of special tax lien in
CC Res. No. 2017-_____
Page 2 of 2
accordance with the provisions of Section 3114.5 of the Streets and Highways Code and Section
53328.3 of the Government Code. Said notice shall be recorded in said County Recorder’s office
within fifteen days of today’s date.
Section 4.Effect. This Resolution shall take effect from and after its adoption.
Section 5.Certification. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
Passed and Adopted on this 14th day of November 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 November 14, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Susan M. Domen, MMC
City Clerk
ORDINANCE NO. 2017 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MISSION TRAILS SERVICES) OF
THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF SPECIAL TAXES
Whereas, on September 26, 2017, the City Council (Council) of the City of Lake Elsinore (City)
adopted Resolution No. 2017-111 declaring its intention to form Community Facilities District No.
2017-1 (Mission Trails Services) of the City of Lake Elsinore (District) pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of
Title 5 of the Government Code of the State of California (the “Act”); and,
Whereas, on November 14, 2017, after providing all notice required by the Act, Council conducted
a noticed Public Hearing required by the Act relative to the proposed formation of the District, the
proposed levy of a special tax therein to finance certain public safety services described in
Resolution No. 2017-111; and,
Whereas, at the November 14, 2017, Public Hearing, all persons desiring to be heard on all
matters pertaining to the formation of the District and the proposed levy of the special tax to
finance the safety services described in Resolution No. 2017-111 were heard and a full and fair
hearing was held; and,
Whereas, on November 14, 2017, the Board adopted Resolution No. 2017-111 which formed
the District and called a Special Election within the District on November 14, 2017, on two
propositions relating to the levy of a special tax within the District and the establishment of an
appropriations limit within the District; and,
Whereas, on November 14, 2017, a Special Election was held within the District at which the
qualified electors approved by more than a two-thirds vote Propositions A and B authorizing the
levy of a special tax within the District for the purposes described in Resolution No. 2017-____
and establishing an appropriations limit for the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-
1 (MISSION TRAILS SERVICES) OF THE CITY OF LAKE ELSINORE ORDAINS AS
FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2.By the passage of this Ordinance, the Board authorizes and levies special taxes within
the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with
the rate and method of apportionment set forth in Attachment “A” to Resolution No. 2017-111,
which is incorporated by reference herein (Rate and Method). The special taxes are hereby
levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year
thereafter so long as the services authorized to be financed by the District, are provided through
such financing within theDistrict.
Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their written
designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed
each fiscal year to determine the specific special tax rates and amounts to be levied in such
fiscal year on each parcel of real property within the District, in the manner and as provided
in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and
Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel,
but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized
and directed to provide all necessary information to the Treasurer-Tax Collector of the County
of Riverside and to otherwise take all actions necessary in order to effect proper billing and
collection of the special tax, so that the special tax shall be levied and collected in sufficient
amounts and at times necessary to satisfy the financial obligations of the District in each fiscal
year.
Section 4.Properties or entities of the state, federal or other local governments shall be
exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5
of the Act and Section E of the Rate and Method. No other properties or entities are exempt
from the special tax unless the properties or entities are expressly exempted in Resolution
No. 2017-111, or in a resolution of consideration to levy a new special tax or special taxes
or to alter the rate or method of apportionment or an existing special tax as provided in Section
53334 of the Act.
Section 5.All the collections of the special tax shall be used as provided for in the Act, the
Rate and Method and Resolution No. 2017-111.
Section 6.The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same
procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes
(which such procedures include the exercise of all rights and remedies permitted by law to
make corrections, including, but not limited to, the issuance of amended or supplemental tax
bills), as such procedure may be modified by law or by this City Council from time totime.
Section 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to
the Mayor’s signature and then cause the same to be published within fifteen (15) days after
its passage at least once in The Press Enterprise, a newspaper of general circulation
published and circulated in the City of Lake Elsinore.
Section 8.The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
Section 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance
to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which
are required by the Act, this Ordinance or by law to accomplish the purpose of this Ordinance.
Section 10. A full reading of this Ordinance is dispensed with prior to its final passage, a
written or printed copy having been available to the City Council and the public a day prior to
its final passage.
Section 11. This Ordinance shall take effect thirty days after its finalpassage.
Passed and Adopted on this 14th day of November 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 Ordinance No. 2017-____ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of November 14, 2017, and that the same was adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Susan M. Domen, MMC
City Clerk
PROJECT MAP
CFD NO. 2017-1 (MISSION TRAILS SERVICES)
FORMATION
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore on September 26,
2017, adopted its Resolution No. 2017- 111, in which it declared its intention to form Community
Facilities District No. 2017-1 (Mission Trails) (CFD No. 2015-2), and to levy a special tax to pay
for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be included and describes the rate and method of
apportionment of the proposed special tax.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon
thereafter as practicable, Tuesday, November 14, 2017, in the City Council Chambers located at
183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City
Council will conduct a Public Hearing on the annexation of territory to CFD No. 2017-1.
ALL INTERESTED PERSONS are hereby invited to attend this Public Hearing to present written
information, express opinions or otherwise present evidence in the above matters. If you wish to
legally challenge any action taken by the City on the above matter, you may be limited to raising
only those issues you or someone else at the Public Hearing described in this notice, or in written
correspondence delivered to the City prior to or at the Public Hearing. If you require
accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951)
674-3124 ext. 269. All Agenda materials are available for review at City Hall the Friday before
the Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Jason Simpson, Assistant
City Manager at (951) 674-3124, ext. 362.
Dated: _________, 2017
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: RES 2014-057
Agenda Date: 11/14/2017 Status: Public HearingVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 12)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Subject:Public Hearing and Election for Annexation Proceedings for Annexation No.
5 Into Community Facilities District No. 2015-2 (Maintenance Services) for
Mission Trails Apartments
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE
QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED
TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
(ANNEXATION NO. 5)
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT
NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 5)
Background and Discussion
On September 26, 2017 the City Council adopted Resolution No. 2017-108, declaring its intention
to annex territory to Community Facilities District No. 2015-2 (Maintenance Services) and
commence the annexation proceedings for the territory to be annexed, also known as Annexation
No. 5. A Public Hearing was set for November 14, 2017. Following such Public Hearing, if there
is no majority protest against the annexation and the levy of the special tax, the City Clerk will
conduct an election for the landowners and to declare the results of that election.
As required by the Resolution of Intention, an annexation map was recorded on October 3, 2017,
at 11:16 a.m. in Book 81, Page 47, Document No. 2017-0409415 of Maps of Assessment and
Community Facilities Districts with the Riverside County Recorder.
The applicant for the development of Mission Trails Apartments is Lake Elsinore CCR, LLC (the
“Applicant”). The Resolution of Intention was adopted by the City Council in response to a request
by the Applicant for the City to assist them in annexing territory into CFD No. 2015-2 (Maintenance
Services) to cover the costs associated with the maintenance of public improvements. The
improvements proposed to be maintained include items such as landscaping and lighting, water
CFD No. 2015-2 Mission Trails Apartments
November 14, 2017
Page 2
quality improvements, and street maintenance. The City is the current owner of the property and
has agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in
the City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982,
requesting the annexation of property to CFD No. 2015-2 (Maintenance Services) and consenting
to the shortening of election time requirements, waiving analysis and arguments, and waiving all
notice requirements relating to the conduct of the election.
The original area proposed within Annexation No. 5 will encompass one parcel, Assessor’s Parcel
Number 365-030-001, including one apartment complex and will be establishing Tax Zone 6 of
CFD No. 2015-2. The proposed total maximum tax rate for Tax Zone 6 is $1,004 per acre per
year for maintenance services of public facilities. The maximum annual tax rate is proposed to
escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Fiscal Impact
On March 1st of each year, every taxable property for which a building permit has been issued
will be subject to the special taxes in the ensuing Fiscal Year. If the anticipated costs of
maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the
special tax revenues available from parcels for which building permits have been issued, then the
special tax may also be on undeveloped property within the Tax Zone.
Once developed, the Special Tax A for Tax Zone 6 will generate $5,392 for maintenance services.
Exhibits
A Resolution Calling an Election
A1 Rate and Method
A2 Ballot
B Resolution Declaring Election Results
C Certificate of Election Results
D Certificate of Registrar of Voters
E Project Map
F NOPH
RESOLUTION NO. 2017-_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS
THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO
BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE
SERVICES) (ANNEXATION NO. 5)
Whereas,on September 22, 2015, the City Council (Council) of the City of Lake Elsinore (City)
approved Resolution No. 2015-078 declaring the City’s intention to establish Community Facilities
District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside,
State of California (the "CFD No. 2015-2") for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City as a result of the development of said real property;
and;
Whereas,the Council set a Public Hearing for September 22, 2015, after which the Council
adopted Resolution No. 2015-078 forming the CFD No. 2015-2 and calling a Special Election at
which the questions of levying a special tax and establishing an appropriations limit with respect
to the CFD No. 2015-2 were submitted to the qualified electors within the CFD No. 2015-2; and;
Whereas,on September 22, 2015, the Council adopted Resolution No. 2015-079 declaring the
results of the Special Election and finding that more than two-thirds (2/3) of all votes cast at the
Special Election were cast in favor of the proposition presented, and such proposition passed;
and;
Whereas,the Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter
2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex
territory into an existing community facilities district by complying with the procedures set forth in
said Article 3.5; and;
Whereas,the Council on September 26, 2017, duly adopted Resolution No. 2017-108 (the
“Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2015-2
(Maintenance Services) and to levy a special tax within that territory to pay for certain services
and setting a time and place for the public hearing on the proposed annexation for November 14,
2017; and;
Whereas,the territory proposed to be annexed is identified in a map entitled "Annexation Map
No. 5 Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was
recorded, on October 3, 2017, in Book 81 of Maps of Assessment and Community Facilities
Districts at Page 47, in the office of the Riverside County Recorder; and;
Whereas,pursuant to the Act and the Resolution of Intention, a noticed public hearing was
convened by the City Council on November 14, 2017, not earlier than the hour of 7:00 p.m. at the
City Hall located at 183 N Main Street, Lake Elsinore, California 92530, relative to the proposed
annexation of said territory to CFD No. 2015-2; and;
Whereas,written protests have not been filed by fifty percent (50%) or more of the registered
voters residing within the CFD No 2015-2, or by fifty percent (50%) or more of the registered
voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the
CC Res. No. 2017-_____
Page 2 of 4
area within the CFD No. 2015-2, or by the owners of one-half (1/2) or more of the territory to be
annexed; and;
Whereas,the Council has determined that there are fewer than twelve registered voters residing
in the territory proposed to be annexed to the CFD No. 2015-2 and that the qualified electors in
such territory are the landowners; and;
Whereas,on the basis of all of the foregoing, the Council has determined at this time to call an
election to authorize the annexation of territory to the CFD No. 2015-2 and the levying of a special
tax as described in Exhibit A hereto; and;
Whereas, the Council has received a written instrument from each landowner in the territory
proposed to be annexed to the CFD No. 2015-2 consenting to the shortening of election time
requirements, waiving analysis and arguments, and waiving all notice requirements relating to the
conduct of the election; and;
Whereas,the City Clerk has concurred in the election date set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1.Recitals. The foregoing recitals are true and correct.
Section 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all
of its findings and determinations as set forth in the Resolution of Intention.
Section 3.Findings Regarding Protests. The City Council finds and determines that written
protests to the proposed annexation of territory to the CFD No. 2015-2 and the levy of the special
tax within such territory are insufficient in number and in amount under the Act, and the City
Council hereby further orders and determines that all such protests are hereby overruled.
Section 4.Findings Regarding Prior Proceedings. The City Council finds and determines that
all prior proceedings had and taken by the City Council with respect to the annexation of territory
to CFD No. 2015-2 are valid and in conformity with the requirements of the Act.
Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds
are otherwise available, subject to the approval of the qualified electors of territory proposed to
be annexed to CFD No. 2015-2, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2015-2, will be levied annually in
CFD No. 2015-2. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit A hereto.
Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on
the cost of making the Services available to each parcel, or other reasonable basis, and is not
based on or upon the ownership of real property.
Section 7.Tax Roll Preparation. The office of the Assistant City Manager, 130 South Main
Street, City of Lake Elsinore, is hereby designated as the office that will be responsible for
CC Res. No. 2017-_____
Page 3 of 4
annually preparing a current roll of special tax levy obligations by assessor’s parcel number and
that will be responsible for estimating future special tax levies pursuant to Government Code
section 53340.2. The Assistant City Manager may cause these functions to be performed by his
or her deputies, assistants, or other designated agents.
Section 8.Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Assistant City Manager annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services
financed in CFD No. 2015-2.
Section 9.Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on
November 14, 2017, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2015-2. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2015-2 on October 3, 2017 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2015-2), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2015-2.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election
on the question of levying the special tax and establishing an appropriations limit for CFD No.
2015-2 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2015-2. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit B.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on November 14, 2017. The City Clerk shall have available ballots that may be
marked at the City Clerk’s office on the election day by voters. Once all qualified electors have
voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on November 14, 2017, or when all
qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City
Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
CC Res. No. 2017-_____
Page 4 of 4
Section 10.Filing of Resolution and Map with City Clerk. The City Council hereby directs the
City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No.
2015-2 in her office.
Passed and Adopted on this 14th day of November 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 November 14, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Susan M. Domen, MMC
City Clerk
City of Lake Elsinore 1
Community Facilities District No. 2015-2 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2015-2 (Maintenance Services) (the “CFD No. 2015-2” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2015, in an amount determined by the City Council of the City of Lake Elsinore, acting ex officio as the
legislative body of CFD No. 2015-2, by applying the rate and method of apportionment set forth below.
All of the real property in CFD No. 2015-2, unless exempted by law or by the provisions herein, shall be
taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2015-2 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2015-2, or any designee thereof
associated with fulfilling the CFD No. 2015-2 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015-2 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any
other administrative purposes of CFD No. 2015-2, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
City of Lake Elsinore 2
Community Facilities District No. 2015-2 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2015-2” means the City of Lake Elsinore Community Facilities District No. 2015-2
(Maintenance Services).
“City” has the meaning set forth in the preamble.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2015-2.
City of Lake Elsinore 3
Community Facilities District No. 2015-2 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2015-2.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2015-2 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015-2 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
City of Lake Elsinore 4
Community Facilities District No. 2015-2 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2015-2, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2015-2 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final
Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2015-2 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of
Developed Property and Approved Property which are classified as Residential Property, all such
Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be
constructed thereon as specified in or shown on the building permit(s) issued or Final Map as
determined by the Administrator. For Parcels of undeveloped property zoned for development
of single family attached or multi-family units, the number of Residential Units shall be
determined by referencing the condominium plan, apartment plan, site plan or other
development plan, or by assigning the maximum allowable units permitted based on the
underlying zoning for the Parcel. Once a single family attached or multi-family building or
buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual
number of Residential Units contained within the building or buildings, and the Special Tax A
levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual
number of Residential Units by the Maximum Special Tax per Residential Unit identified for the
Tract below or as included in Appendix A as each Annexation occurs.
City of Lake Elsinore 5
Community Facilities District No. 2015-2 (Maintenance Services)
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of
Developed Property and Approved Property which are classified as Non-Residential Property, all
such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as
shown on the Final Map as determined by the Administrator. Once the Administrator determines
the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax
A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the
number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit
identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 LLA-2014-2743 Non-Residential Property Acre $121
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 2 below:
City of Lake Elsinore 6
Community Facilities District No. 2015-2 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 LLA-2014-2743 Non-Residential Property Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 LLA-2014-2743 Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 1 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015-
2016 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Non-Residential Property Acre $0
City of Lake Elsinore 7
Community Facilities District No. 2015-2 (Maintenance Services)
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is
identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Non-Residential Property Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is
identified in Table 6 below:
City of Lake Elsinore 8
Community Facilities District No. 2015-2 (Maintenance Services)
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall
determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of
Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement
for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall
determine the Contingent Special Tax B Requirement and shall levy the Special Tax on all Assessor’s
Parcels of Taxable Property until the aggregate amount of Special Tax B (Contingent) equals the
Contingent Special Tax B Requirement. The Special Tax B (Contingent) shall be levied for each Fiscal
Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
City of Lake Elsinore 9
Community Facilities District No. 2015-2 (Maintenance Services)
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-2 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015-2, any Assessor’s Parcel in any of the
following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication,
encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the easement;
(iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public
uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined
by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015-2 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2015-2 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
City of Lake Elsinore 10
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2018-19. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2015-2.
TAX ZONE 6
APN: 365-030-001
Item Description Estimated Cost
1 Landscaping $,1276
2 Streetlights $555
3 Streets $1,741
4 Drainage $883
3 Reserves $325
4 Admin $661
Total $5,391
Special Tax B Contingent Services – There are no anticipated service costs for Special Tax B for
Tax Zone 6.
MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
6 2018-19 365-030-001 5.37 Residential Acre $1,004 $0 Lake Elsinore CCR, LLC
APPROVED AND UNDEVELOPED PROPERTY
The Maximum Special Tax for Tax Zone 6 for Approved Property and Undeveloped Property for
Fiscal Year 2018-19 is $1,004 per acre.
City of Lake Elsinore 11
Community Facilities District No. 2015-2 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 LLA-2014-2743 2015-16 $121 / Acre $0 / Acre Tractor Supply
1 2 36682 2016-17 $354 / RU $102 / RU Pardee Homes
2 3 PM 29996 2017-18 $951 / Acre $165 / Acre Pasadena Industrial
Park, LLC
3 4 PM 36551 2017-18 $2,671 / Acre $201 / Acre ARI Chaney
Street, LLC
4 5 TR 32996 2017-18 $378 / RU $321 / RU LE Cottage Lane, LLC
5 6 365-030-001 2018-19 $1,004/ Acre $0 / Acre Lake Elsinore CCR, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2018 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of Lake Elsinore 12
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) 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; maintenance
(including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks,
parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of
public signage; graffiti removal from and maintenance and repair of public structures situated on parks,
parkways, streets, roads and open space; maintenance and repair of playground or recreation program
equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any
portions adjacent to the properties within CFD No. 2015-2; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the
benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No.
2015-2 before CFD No. 2015-2 was created.
City of Lake Elsinore 13
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
SPECIAL TAX ELECTION
CITY OF LAKE ELSINORE
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 5
(November 14, 2017)
This ballot is for the use of the authorized representative of the following owner of land within
Annexation No. 5 of the Community Facilities District No. 2015-2 (Maintenance Services) (“CFD
No. 2015-2”) of the City of Lake Elsinore:
Name of Landowner Number of Acres Owned Total Votes
City of Lake Elsinore 5.37 6
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2015-2, City of
Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951)
674-3124 x 269 if the name set forth below is incorrect or if you are no longer one of the owners
of these parcels. This special tax ballot may be used to express either support for or opposition
to the proposed special tax. To be counted, this special tax ballot must be signed below by the
owner or, if the owner is not an individual, by an authorized representative of the owner. The
ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
November 1, 2017, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on November 14,
2017, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on November 14, 2017.
Very truly yours,
Susan M. Domen, MMC
City Clerk
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
City of Lake Elsinore
Attn: Jason Simpson
130 N. Main Street
Lake Elsinore, CA 92530
365-030-001
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 5
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Lake Elsinore be authorized to
levy a special tax on an annual basis at the rates and apportioned as
described in Exhibit C to the Resolution Declaring its Intention to
Annex Territory to Community Facilities District No. 2015-2
(Maintenance Services) adopted by the City Council on September
26, 2017 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 5 of Community Facilities District No. 2015-2
(Maintenance Services) City of Lake Elsinore” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses) and shall an appropriation limit be established
for Community Facilities District No. 2015-2 (Maintenance Services)
in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named
landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
City of Lake Elsinore
By: Jason Simpson
Signature
Print Name
Title
RESOLUTION NO. 2017-_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES
DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 5)
Whereas, the City Council (Council) of the City of Lake Elsinore (City) has heretofore conducted
proceedings for the area proposed to be annexed to Community Facilities District No. 2015-2
(Maintenance Services) (the "CFD No. 2015-2") of the City of Lake Elsinore, including conducting
a Public Hearing pursuant to Section 53339.5 of the Government Code; and;
Whereas,at the conclusion of said public hearing, the Council adopted a Resolution calling a
Special Election for November 14, 2017, and submitting to the qualified electors of the territory to
be annexed to the CFD No. 2015-2, the question of levying special taxes on parcels of taxable
property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City as a result of the development of said real property as
provided in the form of special election ballot; and;
Whereas, a Certificate of Election Results, attached thereto as Exhibit A, dated November 14,
2017, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in
either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and;
Whereas, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of
Election Results and wishes by this resolution to declare the results of the special mailed-ballot
election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS TO FOLLOWS:
Section 1.Recitals. This Council finds and determines that the foregoing recitals are true and
correct.
Section 2.Ballot Measure. This Council hereby finds, determines and declares that the ballot
measure submitted to the qualified electors of the territory to be annexed to CFD No. 2015-2 has
been passed and approved by those qualified electors in accordance with Sections 53328 and
53329 of the Government Code.
Section 3.Annexation. This Council hereby finds, determines and declares that pursuant to
Section 53339.8 of the Government Code, the City Council is authorized to determine that the
territory to be annexed has been added to and become a part of the CFD No. 2015-2 with full
legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually
levy special taxes within the territory to be annexed to pay the costs of the services to be provided
by the CFD No. 2015-2 as specified in Resolution No. 2017-108 adopted by the City Council on
September 26, 2017. The boundaries of the territory annexed are shown on the map entitled,
"Annexation Map No. 5 Community Facilities District No. 2015-2 (Maintenance Services)" a copy
of which was recorded, on October 3, 2017, in Book 81 of Maps of Assessment and Community
Facilities Districts at Page 47, in the office of the Riverside County Recorder.
CC Res. No. 2017-_____
Page 2 of 2
Section 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code
and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with
the County Recorder of the County of Riverside an amendment of the notice of special tax lien
and a map of the amended boundaries of the CFD No. 2015-2 including the annexed territory.
Section 5.Effect. This Resolution shall take effect from and after its adoption.
Passed and Adopted on this 14th day of November 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 November 14, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________
Susan M. Domen, MMC
City Clerk
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 5
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the Deputy City Clerk or the Acting City Clerk, as the
case may be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of Lake Elsinore (the “City”) on this same date in the proceedings of the
City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated October 3, 2017, and on file in
the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
City of Lake Elsinore 6 6
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration is executed on ____________, 2017.
Susan M. Domen
MMC City Clerk
City of Lake Elsinore
By:
(Attach completed copies of Waiver/Consent and Ballots)
PROJECT MAP
CFD NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 5
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore on September 26,
2017, adopted its Resolution No. 2017- 108, in which it declared its intention to annex territory to
existing Community Facilities District No. 2015-2 (Maintenance Services) (CFD No. 2015-2), and
to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the
Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the
California Government Code. The resolution describes the territory to be annexed and describes
the rate and method of apportionment of the proposed special tax. No change in the tax levied
in the existing CFD No. 2015-2 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon
thereafter as practicable, Tuesday, November 14, 2017, in the City Council Chambers located at
183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City
Council will conduct a Public Hearing on the annexation of territory to CFD No. 2015-2.
ALL INTERESTED PERSONS are hereby invited to attend this Public Hearing to present written
information, express opinions or otherwise present evidence in the above matters. If you wish to
legally challenge any action taken by the City on the above matter, you may be limited to raising
only those issues you or someone else at the Public Hearing described in this notice, or in written
correspondence delivered to the City prior to or at the Public Hearing. If you require
accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951)
674-3124 ext. 269. All Agenda materials are available for review at City Hall the Friday before
the Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Jason Simpson, Assistant
City Manager at (951) 674-3124, ext. 362.
Dated: _________, 2017
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: RES 2014-058
Agenda Date: 11/14/2017 Status: BusinessVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 13)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Subject:Tentative Tract Map No. 37381 and Tentative Tract Map No. 37382 (Wasson
Canyon)
Applicant:Ivano Stamegna, Nova Homes, Inc.
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37381 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 TENTATIVE TRACT MAP NO. 37381 SUBDIVIDING 19.54 ACRES
INTO 73 SINGLE-FAMILY RESIDENTIAL LOTS AND FIVE LETTERED LOTS FOR OPEN
SPACE AND A DETENTION BASIN; and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37382 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 TENTATIVE TRACT MAP NO. 37382 SUBDIVIDING 55.06 ACRES
INTO 199 SINGLE-FAMILY RESIDENTIAL LOTS AND 23 LETTERED LOTS FOR A 5.6-ACRE
PARK, OPEN SPACE, UTILITY EASEMENTS, AND DETENTION BASINS.
Background
On August 14, 2007, the City Council approved Mitigated Negative Declaration (MND) No. 2007-
01, Annexation No. 79, Ramsgate Specific Plan No. 89-1, Revision No. 6 (RSP#6), General Plan
Amendment No. 2007-01, Pre-Annexation Zone Change No. 2007-01, Tentative Tract Map
(TTM) No. 32537, and TTM No. 35422.
TTM 32537 and TTM 35422 were contiguous projects that were proposing a subdivision of 19.5
acres into 73 single-family residential lots and 55.06 acres into 199 single-family residential lots,
respectively. Both TTM 32537 and TTM 35422 expired on August 14, 2016.
TTM 37381 & TTM 37382 (Wasson Canyon)
11/14/2017
Page 2 of 4
Planning Commission Action
On October 17, 2017, the Planning Commission unanimously recommended approval of both
tentative tract maps by a vote of 5-0.
Discussion
Project Description and Location
Tentative Tract Map No. 37381 is a subdivision of 19.54 acres into 73 single-family residential
lots (ranging in size from 6,354 sq. ft. to 35,284 sq. ft.) and five (5) lettered lots for open space
and a water quality/detention basin. The subject site is located southeasterly of Highway 74,
westerly of Rosetta Canyon Drive, on the northern side of Third Street within the Ramsgate
Specific Plan. (APNs: 347-330-001, 002, 065, 347-330-067 through 073).
Tentative Tract Map No. 37382 is a subdivision of 55.06 acres into 199 single-family residential
lots (ranging in size from 4,600 sq. ft. to 17,445 sq. ft.) and 23 lettered lots for a 5.6-acre park,
open space, utility easements, and water quality/detention basins. The subject site is located
southeasterly of Highway 74, westerly of Rosetta Canyon Drive, northeasterly of Cambern
Avenue, on the southern side of Third Street within the Ramsgate Specific Plan. (APNs: 347-330-
022, 023, 066, 347-360-001, 002, 377-100-006, 009, and 010)
Environmental Setting
EXISTING LAND
USE
GENERAL PLAN ZONING
Project
Site
Vacant Ramsgate SP No. 6 Medium Low Density (MLD) & Modified
Medium Low Density (MMLD), RSP#6
North Park & Apartments Ramsgate SP No. 6 Apartment (AD) & Park (P), RSP#6
South Vacant Low Medium Residential Single-Family Residential (R-1)
East Vacant Low Medium Residential Single-Family Residential (R-1)
West Vacant Low Density Residential Residential Estate (R-E)
Analysis
The proposed tentative maps have been reviewed for consistency with the General Plan, the Lake
Elsinore Municipal Code (LEMC), and the Ramsgate Specific Plan No. 89-1, Amendment No. 6
(RSP#6). The original Ramsgate Specific Plan and the subsequent amendments were subject to
a consistency finding with the General Plan prior to adoption. The tentative maps are consistent
with the provisions of the RSP#6 and are therefore found to be consistent with the General Plan.
TTM 37381 is located within Planning Area 11 of the RSP#6 and is designated Medium Low
Density (MLD) (3 to 5 Dwelling Units per Acre (D.U./Ac.)). Below are the relevant development
standards applicable to the proposed tentative map as identified in the MLD designation of the
RSP#6:
Development Standard (MLD)Required Proposed
Density 3 to 5 D.U./Ac.3.5 D.U./Ac.
Minimum Lot Area 5,000 sq. ft.6,354 sq. ft.
Minimum street frontage 50 ft.50 ft.
Pie-shaped lots 40 ft.40 ft.
TTM 37381 & TTM 37382 (Wasson Canyon)
11/14/2017
Page 3 of 4
Development Standard (MLD)Required Proposed
Flag Lots 20 ft.30 ft.
TTM 37382 is located within Planning Area 11 of the RSP#6 and is designated Modified Medium
Low Density (MMLD) (3 to 6 D.U./Ac.). Below are the relevant development standards applicable
to the proposed tentative map as identified in the MMLD designation of the RSP#6:
Development Standard (MMLD)Required Proposed
Density 3 to 6 D.U./Ac.3.6 D.U./Ac.
Minimum Lot Area 4,600 sq. ft.4,600 sq. ft.
Minimum street frontage 40 ft.41 ft.
Pie-shaped lots 30 ft.40 ft.
Flag Lots 20 ft.30 ft.
The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and
Engineering have reviewed the proposed tentative maps. Appropriate Conditions of Approval
have been included that to mitigate any potential impacts that could arise as a result of the 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.
1. MND No. 2007-01 (SCH# 2007041063) was adopted in 2007 for the Ramsgate Specific
Plan, Amendment No. 6 that evaluated environmental impacts that would result from
maximum build-out of the Specific Plan. MND 2007-01 also analyzed the potential impact
that could result from the development of the previous tentative maps (TTM 32537 and
TTM 35422).
2. The new tentative maps (TTM 37381 and TTM 37382) have the same configuration as the
previously analyzed maps. There is no increase in the density. The lot configuration and
the proposed street layout for the tentative maps have not changed.
3. No substantial changes that require major revisions to the MND exist and no new
information of substantial importance that require revisions to the earlier MND exist.
Fiscal Impact
The time and costs related to processing this project have been covered by the 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 – TTM 37381 MSHCP Resolution
TTM 37381 & TTM 37382 (Wasson Canyon)
11/14/2017
Page 4 of 4
B – TTM 37381 Resolution
C – TTM 37381 Conditions of Approval
D – TTM 37382 MSHCP Resolution
E – TTM 37382 Resolution
F – TTM 37382 Conditions of Approval
G – Vicinity Map
H – Aerial Map
I – Land Use Map
J – Illustrative Map
K – TTM 37381
L – TTM 37382
M – Correspondence
RESOLUTION NO. 2017-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37381 IS
CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Nova Homes, Inc. has filed an application with the City of Lake Elsinore (City)
requesting approval of Tentative Tract Map (TTM) No. 37381 for a subdivision of 19.54 acres into
73 single-family residential lots (ranging in size from 6,354 sq. ft. to 35,284 sq. ft.) and five (5)
lettered lots for open space and a water quality/detention basin (Project). The Project is located
southeasterly of Highway 74, westerly of Rosetta Canyon Drive, on the northern side of Third
Street within the Ramsgate Specific Plan. (APNs: 347-330-001, 002, 065, 347-330-067 through
073); and,
Whereas, Section 6.0 of the MSHCP requires that all discretionary projects within a 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 Criteria Cell,
and the MSHCP goals and objectives; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps; and,
Whereas, on October 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 LEMC Section 16.24.120 the Council has the responsibility of making
decisions to approve, conditionally approve, or disapprove recommendations of the Commission
for tentative maps; and,
Whereas, on November 14, 2017, at a duly noticed Public Hearing, 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:
1. The Project is a project under the City’s MSHCP Resolution, and the City must make an
MSHCP Consistency finding before approval.
Reso. No. 2017-____
Page 2 of 4
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 located not within a MSHCP Criteria Cell. The Ramsgate Specific Plan, Revision No. 6
(RSP#6) has gone through the review process to determine consistency with the MSHCP’s
requirements, 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.
The Project is located within the MSHCP Elsinore Area Plan but is not located in a Criteria
Cell Core or Linkage. Therefore, Project was not required to be processed through the City’s
LEAP and JPR processes.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The disturbed wetland onsite is considered riparian/riverine although none of the
riparian/riverine covered species have any potential to occur onsite. Seasonal ponds occur
onsite, some of which possess indicators of all three wetland parameters (soils, vegetation,
and hydrology). Wet season surveys for sensitive fairy shrimp were negative.
A Determination of Biologically Equivalent or Superior Preservation(DBESP) analysis report
was prepared to address impacts to disturbed wetland which describes why avoidance of
seasonal disturbed wetland is not feasible or preferable quantifies unavoidable impacts
describes features and measures to reduce indirect effects and makes findings that
demonstrate that the project would be biologically equivalent or superior to an avoidance
alternative.
Because the disturbed wetland onsite is of low quality preservation of the disturbed wetland
is not considered feasible or desirable In order to avoid the disturbed wetland onsite a
minimum often percent (10%) of the housing units would need to be eliminated. The
resulting preservation would leave small isolated disturbed wetland areas surrounded by
housing development that drain into existing residential development areas The alternative
is not considered feasible because a viable reserve cannot be reasonably implemented at
this location and superior mitigation options are available offsite that would provide for better
long -term conservation of the resources being impacted onsite.
Mitigation for impacts would include acquisition of 0.54 acre for restoration on property
known as the Cloverleaf in the southern end of Lake Elsinore or other offsite mitigation
parcels acceptable to the City and resource agencies. The riparian habitat restored within
the Cloverleaf site will be of a much higher quality than the disturbed wetland habitat being
impacted and will contribute to long -term MSHCP conservation goals The offsite acquisition
meets the definition of a Biologically Equivalent Preservation Alternative consistent with
Section 6.1.2.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
The Project site is not located within the Narrow Endemic Plant Species Survey Areas as
shown on Figure 6-1 of the MSHCP. The Project is 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.
5. The propose project is consistent with the Additional Survey Needs and Procedures.
The Property is outside of any Criteria Area Species Survey Area for plants, amphibians,
and mammals. No Criteria Area Species Survey Area plant species were observed during
site surveys. The Property occurs within the burrowing owl survey area. No owls were
observed during surveys onsite. Therefore, the Ramsgate Applications are consistent with
MSHCP Section 6.3.2.
6. The Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect
effects associated with locating development in proximity to the MSHCP Conservation Area
where applicable. To minimize Edge Effects, guidelines shall be implemented in conjunction
with review of individual public and private development projects in proximity to the MSHCP
Conservation Area. The Property is not located adjacent to conserved land or other
applicable open space. Therefore, an assessment of indirect impacts associated with the
Urban /Wildlands Interface is not required.
7. The Project is consistent with the Vegetation Mapping requirements.
The Ramsgate Specific Plan, Revision No. 6 (RSP#6) was subject to the Protection of
Species Associated with Riparian /Riverine and Vernal Pool policies. Any related resources
were mapped as part of the Determination of Biological Equivalent or Superior Preservation
submittal. The Project is consistent with MSHCP Section 6.3.1.
8. The Project is consistent with the Fuels Management Guidelines.
The Project is conditioned to provide a buffer to the open space area that will function as a
Fuel Modification Zone. Therefore, the Project is consistent with the Fuels Management
Guidelines of MSHCP Section 6.4.
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.
Section 5:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Reso. No. 2017-____
Page 4 of 4
Passed and Adopted on this 14
th day of November, 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 November 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 TENTATIVE TRACT MAP NO. 37381 SUBDIVIDING
19.54 ACRES INTO 73 SINGLE-FAMILY RESIDENTIAL LOTS AND FIVE
LETTERED LOTS FOR OPEN SPACE AND A DETENTION BASIN
Whereas, Nova Homes, Inc. has filed an application with the City of Lake Elsinore (City)
requesting approval of Tentative Tract Map (TTM) No. 37381 for a subdivision of 19.54 acres into
73 single-family residential lots (ranging in size from 6,354 sq. ft. to 35,284 sq. ft.) and five (5)
lettered lots for open space and a water quality/detention basin (Project). The Project is located
southeasterly of Highway 74, westerly of Rosetta Canyon Drive, on the northern side of Third
Street within the Ramsgate Specific Plan. (APNs: 347-330-001, 002, 065, 347-330-067 through
073); and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps; and,
Whereas, on October 17, 2017, at a duly noticed Public Hearing, the Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item.
Whereas, pursuant to LEMC Section 16.24.120 the Council has the responsibility of making
decisions to approve, conditionally approve, or disapprove recommendations of the Commission
for tentative maps; and,
Whereas, on November 14, 2017, at a duly noticed Public Hearing, 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 reviewed and analyzed the proposed Project pursuant to the
appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC.
Section 2:The Council finds and determines that 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. 2007-01 (SCH# 2007041063) was adopted in 2007 for the Ramsgate Specific
Plan, Amendment No. 6 that evaluated environmental impacts that would result from maximum
build-out of the Specific Plan. No substantial changes that require major revisions to the MND
exist and no new information of substantial importance that require revisions to the earlier MND
exist.
Section 3:That in accordance with State Planning and Zoning Law and the LEMC, the Council
makes the following findings for approval of Tentative Tract Map No. 37381:
1. The proposed subdivision, together with the provisions for its design and improvement, is
Reso. No. 2017-____
Page 2 of 3
consistent with the 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. The proposed tentative map is located within the Ramsgate Specific Plan No. 89-1,
Amendment No. 6 (RSP#6). The original Ramsgate Specific Plan and the subsequent
amendments were subject to a consistency finding with the General Plan prior to
adoption. TTM 37381 is located within Planning Area 11 of the RSP#6 and is designated
Medium Low Density (MLD) (3 to 5 Dwelling Units per Acre (D.U./Ac.)). The density for
TTM 37381 is 3.5 D.U/Ac. TTM 37381 is also consistent with all other consistent with
the provisions of the RSP#6 and is therefore found to be 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 subdivision of land is physically suitable for the proposed density
of development in accordance with the General Plan.
a. The overall density and design is consistent and compatible with the adjacent
communities.
3. The effects that this 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.
4. The proposed division of land or type of improvements is not likely to result in any significant
environmental impacts.
a.The Project has been adequately conditioned by all applicable departments and
agencies and will not therefore result in any significant environmental impacts. The
proposed use, together with the conditions applicable thereto, will not be detrimental to
the public health, safety, or welfare or materially injurious to properties or improvements
in the vicinity.
5. The design of the proposed division of land or type of improvements is not likely to cause
serious public health problems.
a. TTM37381 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.
Reso. No. 2017-____
Page 3 of 3
a. All known easements or request for access have been incorporated into the design of
TTM 37381.
b. The map has been circulated to City departments and outside agencies, and appropriate
Conditions of Approval have been applied to the Project.
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 Tentative Tract Map No. 37381.
Section 5:This Resolution shall take effect immediately upon its adoption.
Section 6:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted on this 14
th day of November, 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 November 14, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
Applicant’s Initials: _____ Page 1 of 20
CONDITIONS OF APPROVAL
RESOLUTION:2017-XX & 2017-XX
PROJECT: TTM 37381
PROJECT NAME:Wasson Canyon
PROJECT LOCATION:APNs: 347-330-001, 002, 065, 347-330-067 thru 073
APPROVAL DATE:
EXPIRATION DATE:
GENERAL
1.Tentative Tract Map No. 37381 is a subdivision of 19.54 acres into 73 single-family
residential lots (ranging in size from 6,354 sq. ft. to 35,284 sq. ft.) and five (5) lettered lots
for open space and a water quality/detention basin. The subject site is located southeasterly
of Highway 74, westerly of Rosetta Canyon Drive, on the northern side of Third Street within
the Ramsgate Specific Plan. (APNs: 347-330-001, 002, 065, 347-330-067 through 073).
2.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. 37381, 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. 37381
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.
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.Tentative Tract Map No. 37381 will expire two years from date of approval unless within that
period of time a Final Map has been filed with the County Recorder, or an extension of time
is granted by the City of Lake Elsinore City Council in accordance with the State of California
Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code.
5.Tentative Tract Map No. 37381 shall comply with the State of California Subdivision Map
Act, the Ramsgate Specific Plan No. 89-1, Revision No. 6 (RSP #6), and applicable
requirements set forth in the Lake Elsinore Municipal Code (LEMC), unless modified by
approved Conditions of Approval.
Conditions of Approval Planning Commission: 10/17/2017
TTM 37381 City Council: 11/14/2017
Applicant’s Initials: _____Page 2 of 20
6.The applicant shall provide all project-related on-site and off-site improvements as required
by these Conditions of Approval.
7.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.
8.The applicant shall pay all applicable City fees, including but not limited to Development
Impact Fees (DIF) per Section 16.74 of the LEMC, at the rate in effect at the time of payment.
Prior to Recordation of Final Tract Map
9.All lots shall comply with minimum standards set forth in the Ramsgate Specific Plan No.
89-1, Revision No. 6 (RSP #6).
10.A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
11.Street names within the subdivision shall be reviewed and approved by the Community
Development Director or designee.
12.All of the project improvements shall be designed by the applicant's Civil Engineer to the
specifications of the City of Lake Elsinore.
13.The applicant shall meet all the requirements of the Elsinore Valley Municipal Water District
(EVMWD).
14.Prior to recordation of a Final Map, the applicant shall initiate and complete the formation of
a Homeowner’s Association (HOA) which shall be approved by the City. 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 (except public parks), all natural slopes and
open space, all graded slopes abutting public street rights-of-way which are not part of
residential lots, up slopes from public rights-of-way within private lots and all private
streets, and all drainage basins shall be maintained by the Homeowner’s Association
(HOA).
Prior to Design Review Approval
15.All future structural development associated with this map requires separate Design Review
approval pursuant to the provisions of LEMC Chapter 17.184.
16.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
Conditions of Approval Planning Commission: 10/17/2017
TTM 37381 City Council: 11/14/2017
Applicant’s Initials: _____Page 3 of 20
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.
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.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
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.
21.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.
22.Construction phasing shall be implemented in accordance with the approved Phasing Plan
Conditions of Approval Planning Commission: 10/17/2017
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which avoids construction traffic from entering occupied neighborhoods within the tract.
23.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.
24.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.
25.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.
26.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to
issuance of each building permit.
27.Prior to the issuance of a building permit, the applicant shall pay the City’s Multiple Species
Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee, at the rate in effect
at the time of payment.
28.Prior to the issuance of a building permit, the applicant shall pay the Stephens' Kangaroo
Rat mitigation fee in accordance with the Stephens' Kangaroo Rat Habitat Conservation
Plan.
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.
Perimeter walls shall be protected by shrubs and other plantings that discourage
graffiti.
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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
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
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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.
ENGINEERING DIVISION
General
32.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.
33.All open space and slopes except for public parks and schools and flood control district
facilities, outside the public right-of-way shall be owned and maintained by property owner
or property owner’s association.
34.All storm drain system pipes with diameter greater than 36” shall be plan checked and
maintained by Riverside County Flood Control District.
35.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.
36.This project shall comply with the recommendations of the traffic study prepared by Urban
Crossroads dated January 23, 2007.
37.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.
38.Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and or diversion of drainage.
39.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.
40.All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared
by a Registered Civil Engineer.
Fees
41.The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan
Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include:
Railroad Canyon Road Benefit District, Stephens Kangaroo Habitat Fee (K-Rat), Traffic
Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Area Drainage
Fee.
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42.Mitigation Fees will be assessed at the prevalent rate at time of payment in full.
STORMWATER MANAGEMENT / POLLUTANT PREVENTION / NPDES
Design
43.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 but
are not limited to:
General Permit – Construction
Deminimus Discharges
MS4
44.A Water Quality Management Plan (WQMP) (preliminary and final) shall be prepared using
the Santa Ana Region 8 approved template and guidance and submitted for review and
approval to the City. The Preliminary WQMP shall be approved by the City prior to Planning
Commission; the Final WQMP shall be approved by the City prior to rough or precise grading
plan approval and issuance of ANY permit for construction.
45.Any portion of the DCV that is not infiltrated, harvested and used, evapotranspired, and/or
biotreated shall be treated and discharged in accordance with the requirements set forth in
Section XII.G.
46.The Final WQMP shall document 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.
Treatment Control BMPs
Site design and drainage plan (BMP Exhibit).
Documentation of how vector issues are addressed in the BMP design, operation and
maintenance.
GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment
Control BMP locations.
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 adverse impacts on downstream erosion and receiving waters, or measures are
implemented to mitigate significant adverse impacts downstream public facilities and
water bodies. Evaluation documentation shall include pre-and post-development
hydrograph volumes, time of concentration and peak discharge velocities, construction
of sediment budgets, and a sediment transport analysis.
Operations and Maintenance Plan and Agreement as well as documentation of
formation of funding district for long term maintenance cost.
47.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.E3, and XII.E.7).
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Preventatives measures (these are mostly non-structural measures, e.g., minimizing
impervious areas, conserving natural areas, minimizing directly connected impervious
areas, etc.)
The Project shall in the order presented, infiltrate, harvest and use, evapotranspire
and/or bio-treat 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, evapo-transpired,
and/or bio-treated shall be treated and discharged in accordance with the requirements
set forth in Section XII.G.
48.Parking lot landscaping areas shall be designed to provide for treatment, retention or
infiltration of runoff.
49.Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
50.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.
51.Source controls shall be provided to include marking all storm drain inlet facilities “Only Rain
in the Storm Drain” using the City authorized marker.
52.The project shall use either volume-based and/or flow-based criteria for sizing BMPs in
accordance with NPDES Permit Provision XII.D.4.
53.Multi-family and/or high density residential developments shall implement full trash capture
methods/devises approved by the Regional Water Quality Control Boards.
Construction
54.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.
55.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.
56.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
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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.
57.Minimum BMP’s as identified by the City shall be implemented by all projects.
Post-Construction
58.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 (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.
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 or
CC&R’s attached) are available for the HOA.
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.
Final Tract or Parcel Map
59.The developer shall submit for plan check review and approval a final map.
60.Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any
permits.
61.Prior to City Council approval of the final Tract Map the developer shall, in accordance with
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Government Code, have constructed all improvements or have improvement plans
submitted and approved, agreements executed and securities posted
62.The Final Tract Map or Parcel Map shall include the phasing boundaries consistent with the
parcels of the Tentative Tract or Parcel Map. The phasing boundaries or parcels shall be
processed as separate tract maps.
Utilities
63.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.
64.All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Lake
Elsinore Municipal Code (LEMC).
65.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.
66.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).
67.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
68.The development of each Planning Area or Phase shall be subject for specific review and
conditions of approval.
69.Sight distance into and out of the project location shall comply with CALTRANS Standards.
70.The developer shall install permanent bench marks per City of Lake Elsinore Standards and
at locations to be determined by City Engineer.
71.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Lake Elsinore Standards.
72.The developer shall coordinate with Riverside Transit Authority for location and installation
of bus transit facilities.
73.10-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.
74.All drainage facilities in this project shall be constructed to Riverside County Flood
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Control District Standards.
75.A drainage study shall be provided. The study shall identify the following: identify storm
water runoff from and upstream of the site; show existing and proposed off-site and onsite
drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.
The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours
or 24 hours duration under developed condition is equal or less than the runoff under
existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration
shall be analyzed to determine the detention basin capacities necessary to accomplish the
desired results.
76.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.
77.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
78.The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
79.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.
80.Construct streets A and B per City Standard 108 (60’/40’).
81.Construct Sassy Lane per Riverside County Standard 106A Modified (50’/36’).
82.Construct ac pavement to City Standard Local Street Section 108, 1/2 width +12’, on Third
Street, from Conard Avenue to Cambern Avenue.
83.Provide street lighting and show lighting improvements as part of street improvement plans.
Coordinate with Engineering Department for selection of the LS-2 or LS-3 and design
standards and requirements.
84.The developer shall implement mitigation measures identified in the Traffic Analysis dated
January 23, 2007, as specified in this Study to the satisfaction of the City Engineer.
85.Street improvement plans shall be prepared by a Registered Civil Engineer and the plans
shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and
drainage improvements.
86.The developer shall provide signing and striping plans for the required improvements of this
project. The plans shall also incorporate traffic calming measures on local streets.
87.This project shall provide trail and roadway connections to adjacent developments unless
otherwise deemed unfeasible as concurred by the city. The trail cross section shall be per
County standards unless otherwise approved by the City Engineer.
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88.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
89.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.
90.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.
91.The developer shall be responsible for acquiring right-of-ways in which the developer or the
City has no legal title or interest. If the developer is unsuccessful in acquiring such right-of-
ways, the City could assist the developer in the Eminent Domain process at developer’s
cost.
92.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
93.Pay all fair-share contribution for the cost of offsite improvements as identified in this
project’s Traffic Study, dated January 23, 2007. The fair-share cost shall be based on a cost
estimate of the offsite improvements provided by the developer and approved by the City
Engineer.
94.A portion of the required improvements for this development may be covered under the
Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for reimbursement or
credits shall be approved by the City Engineer and based on allowable costs in the fee
program and availability of funds.
95.The developer shall submit a written request for acceptance to the City Engineer.
96.As-built plans shall be completed and signed by the City Engineer.
GRADING
Design
97.Provide written approval of construction activity from the U.S. Department of Fish and Game
and U.S. Army Corp of Engineers.
98.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).
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99.All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
100. The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
101. 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.
102. A seismic study shall be performed on the site to identify any hidden earthquake faults,
liquefaction and/or subsidence zones present on-site. A certified letter from a registered
geologist or geotechnical engineer shall be submitted confirming the absence of this hazard.
103. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
104. The applicant shall accept drainage from the adjacent property owners.
Permit/Construction:
105. Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
106. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
107. 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
108. 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)
109. Export sites located within the Lake Elsinore City limits must have an active grading permit.
110. 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.
111. 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.
112. A copy of the current SWPPP shall be kept at the project site and be available for review
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upon request.
113. Approval of the project Water Quality Management Plan (WQMP) for post construction shall
be received prior to issuance of a grading permit.
114. Submit an approved environmental clearance document to the Engineering Division. This
approval shall identify and clear all proposed grading activity anticipated for this project.
115. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in an applicable development agreement,
Stephens Kangaroo Rat Habitat.
PRIOR TO ISSUANCE OF BUILDING PERMIT
116. Provide final soils, geology and seismic report, including recommendations for parameters
for seismic design of buildings, and walls prior to building permit.
117. The Parcel or Final Tract Map shall be recorded.
118. All street improvement plans and signing and striping plans shall be completed and
approved by the City Engineer per the Traffic Impact Analysis dated January 23, 2007.
119. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
120. All signing and striping and traffic control devices for the required improvements of this
development shall be installed.
121. 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.
122. Pay all fair-share contribution for the cost of offsite improvements as identified in this
project’s Traffic Study, dated January 23, 2007. The fair-share cost shall be based on a cost
estimate of the offsite improvements provided by the developer and approved by the City
Engineer.
123. All water and sewer improvements shall be completed in accordance with Water District
requirements.
124. 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.
125. 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.
126. 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.
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127. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows:
Final Map(s) - GIS Shape files*, AutoCad file 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.
o *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane
California Zone VI U.S. Fleet.
128. 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.
129. Documentation of responsibility for slope maintenance along right-of-ways and open spaces
to be maintained by the HOA or other entity shall be provided in a recordable format and
recorded prior to occupancy/final.
130. 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;
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.
131. 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.
132. Developer shall pay all applicable citywide development impact fees in effect at the time of
issuance of building permits, including fees due pursuant to LEMC Section 16.72
(Drainage), Section 16.74 (TIF, DIF, Fire), Section 16.83 (TUMF), and Section 16.85
(MSHCP), and Stephens Kangaroo Rat Habitat.(Modified per 10/17/2017 PC)
COMMUNITY SERVICES DEPARTMENT
133. The developer shall pay Quimby and park Development Impact Fees (DIF), at the rate in
effect at the time of payment.
134. The developer is required to participate in the Public Facility fee program
135. All interior landscape, recreation areas, facilities and/or open space shall be maintained by
the HOA. No park credits shall be given.
136. The HOA shall maintain all park and common landscape areas
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CITY OF LAKE ELSINORE FIRE MARSHAL
General Conditions
137.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.
138.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.
139.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”).
140.Standard Fire Hydrants - Standard 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.
141.Fuel Modification Plan - Fuel modification plans shall be provided to the Lake Elsinore Fire
Protection Planning office. Plans shall include fuels modeling and comprehensive details
with regard to the vegetation management plan. The fuels modification zone shall be not
less than 100’ from all structures and may be required to be increased.
142.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
65,000 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 45’ outside for all access roads.
Conditions of Approval Planning Commission: 10/17/2017
TTM 37381 City Council: 11/14/2017
Applicant’s Initials: _____Page 17 of 20
143.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.
144.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.
145.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
146.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.
147.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.
148.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
149.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: 10/17/2017
TTM 37381 City Council: 11/14/2017
Applicant’s Initials: _____Page 18 of 20
150.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.
151.Display Boards-Display Boards will be as follows: Each complex shall have an
illumi9nated diagrammatic representation of the actual layout which shows name of
complex, all streets, building designators, unit members, and fire hydrant locations within
dimension and located next to roadway access.
152.Multi-family Residential Knox Rapid Entry box-A rapid entry Knox Box shall be installed
on the outside of the building. Key(s) shall have durable and legible tags affixed for
identification of the correlating common space/electrical rooms. Special forms are available
from this office for ordering the Knox box. If the building/facility is protected with a fire alarm
or burglar alarm system, it is recommended that the lock box be “tamper” monitored.
153.Fire Extinguishers (Multi-Family)-Minimum installation of portable fire extinguishers
complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-
10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets
mounted 48” to center above floor level with maximum 4” projection from the wall. Contact
Fire Department for proper placement of equipment prior to installation.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD
154. Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Conditional
Use Permit (as applicable), the applicant shall annex into Community Facilities District No.
2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community
Facilities District to offset the annual negative fiscal impacts of the project on public safety
operations and maintenance issues in the City. Alternatively, the applicant may propose
alternative financing mechanisms to fund the annual negative fiscal impacts of the project
with respect to Public Safety 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.
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance
Services)
155. Prior to approval of the Final Map, Parcel Map, Residential Design Review, Conditional Use
Permit or building permit (as applicable), the applicant shall annex into the 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. 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.
Conditions of Approval Planning Commission: 10/17/2017
TTM 37381 City Council: 11/14/2017
Applicant’s Initials: _____Page 19 of 20
MITIGATION MONITORING AND REPORTING PROGRAM
156. The applicant shall comply with the Mitigation Monitoring & Reporting Program (MMRP) for
Mitigated Negative Declaration No. 2007-01 for Ramsgate Specific Plan No. 89-1, Revision
No. 6, which was adopted for this project.
Conditions of Approval Planning Commission: 10/17/2017
TTM 37381 City Council: 11/14/2017
Applicant’s 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:
RESOLUTION NO. 2017-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT TENTATIVE TRACT MAP NO. 37382 IS
CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Nova Homes, Inc. has filed an application with the City of Lake Elsinore (City)
requesting approval of Tentative Tract Map (TTM) No. 37382 for a subdivision of 55.06 acres into
199 single-family residential lots (ranging in size from 4,600 sq. ft. to 17,445 sq. ft.) and 23 lettered
lots for open space, utility easements, and water quality/detention basins. The project site is
located southeasterly of Highway 74, westerly of Rosetta Canyon Drive, northeasterly of Cambern
Avenue, on the southern side of Third Street within the Ramsgate Specific Plan. (APNs: 347-330-
022, 023, 066, 347-360-001, 002, 377-100-006, 009, and 010); and,
Whereas, Section 6.0 of the MSHCP requires that all discretionary projects within a 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 Criteria Cell,
and the MSHCP goals and objectives; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps; and,
Whereas, on October 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 LEMC Section 16.24.120 the Council has the responsibility of making
decisions to approve, conditionally approve, or disapprove recommendations of the Commission
for tentative maps; and,
Whereas, on November 14, 2017, at a duly noticed Public Hearing, 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:
1. The Project is a project under the City’s MSHCP Resolution, and the City must make an
MSHCP Consistency finding before approval.
Reso. No. 2017-____
Page 2 of 4
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 located not within a MSHCP Criteria Cell. The Ramsgate Specific Plan, Revision No. 6
(RSP#6) has gone through the review process to determine consistency with the MSHCP’s
requirements, 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.
The Project is located within the MSHCP Elsinore Area Plan but is not located in a Criteria
Cell Core or Linkage. Therefore, Project was required to be processed through the City’s
LEAP and JPR processes.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The disturbed wetland onsite is considered riparian/riverine although none of the
riparian/riverine covered species have any potential to occur onsite. Seasonal ponds occur
onsite, some of which possess indicators of all three wetland parameters (soils, vegetation,
and hydrology). Wet season surveys for sensitive fairy shrimp were negative.
A Determination of Biologically Equivalent or Superior Preservation(DBESP) analysis report
was prepared to address impacts to disturbed wetland which describes why avoidance of
seasonal disturbed wetland is not feasible or preferable quantifies unavoidable impacts
describes features and measures to reduce indirect effects and makes findings that
demonstrate that the project would be biologically equivalent or superior to an avoidance
alternative.
Because the disturbed wetland onsite is of low quality preservation of the disturbed wetland
is not considered feasible or desirable In order to avoid the disturbed wetland onsite a
minimum often percent (10%) of the housing units would need to be eliminated. The
resulting preservation would leave small isolated disturbed wetland areas surrounded by
housing development that drain into existing residential development areas The alternative
is not considered feasible because a viable reserve cannot be reasonably implemented at
this location and superior mitigation options are available offsite that would provide for better
long -term conservation of the resources being impacted onsite.
Mitigation for impacts would include acquisition of 0.54 acre for restoration on property
known as the Cloverleaf in the southern end of Lake Elsinore or other offsite mitigation
parcels acceptable to the City and resource agencies. The riparian habitat restored within
the Cloverleaf site will be of a much higher quality than the disturbed wetland habitat being
impacted and will contribute to long -term MSHCP conservation goals The offsite acquisition
meets the definition of a Biologically Equivalent Preservation Alternative consistent with
Section 6.1.2.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
The Project site is not located within the Narrow Endemic Plant Species Survey Areas as
shown on Figure 6-1 of the MSHCP. The Project is 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.
5. The propose project is consistent with the Additional Survey Needs and Procedures.
The Property is outside of any Criteria Area Species Survey Area for plants, amphibians,
and mammals. No Criteria Area Species Survey Area plant species were observed during
site surveys. The Property occurs within the burrowing owl survey area. No owls were
observed during surveys onsite. Therefore, the Ramsgate Applications are consistent with
MSHCP Section 6.3.2.
6. The Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect
effects associated with locating development in proximity to the MSHCP Conservation Area
where applicable. To minimize Edge Effects, guidelines shall be implemented in conjunction
with review of individual public and private development projects in proximity to the MSHCP
Conservation Area. The Property is not located adjacent to conserved land or other
applicable open space. Therefore, an assessment of indirect impacts associated with the
Urban /Wildlands Interface is not required.
7. The Project is consistent with the Vegetation Mapping requirements.
The Ramsgate Specific Plan, Revision No. 6 (RSP#6) was subject to the Protection of
Species Associated with Riparian /Riverine and Vernal Pool policies. Any related resources
were mapped as part of the Determination of Biological Equivalent or Superior Preservation
submittal. The Project is consistent with MSHCP Section 6.3.1.
8. The Project is consistent with the Fuels Management Guidelines.
The Project is conditioned to provide a buffer to the open space area that will function as a
Fuel Modification Zone. Therefore, the Project is consistent with the Fuels Management
Guidelines of MSHCP Section 6.4.
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.
Section 5:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Reso. No. 2017-____
Page 4 of 4
Passed and Adopted on this 14
th day of November, 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 November 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 TENTATIVE TRACT MAP NO. 37382 SUBDIVIDING
55.06 ACRES INTO 199 SINGLE-FAMILY RESIDENTIAL LOTS AND 23 LETTERED
LOTS FOR A 5.6-ACRE PARK, OPEN SPACE, UTILITY EASEMENTS, AND
DETENTION BASINS
Whereas, Nova Homes, Inc. has filed an application with the City of Lake Elsinore (City)
requesting approval of Tentative Tract Map (TTM) No. 37382 for a subdivision of 55.06 acres into
199 single-family residential lots (ranging in size from 4,600 sq. ft. to 17,445 sq. ft.) and 23 lettered
lots for a 5.6-acre park, open space, utility easements, and water quality/detention basins. The
project site is located southeasterly of Highway 74, westerly of Rosetta Canyon Drive,
northeasterly of Cambern Avenue, on the southern side of Third Street within the Ramsgate
Specific Plan. (APNs: 347-330-022, 023, 066, 347-360-001, 002, 377-100-006, 009, and 010);
and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps; and,
Whereas, on October 17, 2017, at a duly noticed Public Hearing, the Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item; and,
Whereas, pursuant to LEMC Section 16.24.120 the Council has the responsibility of making
decisions to approve, conditionally approve, or disapprove recommendations of the Commission
for tentative maps; and,
Whereas, on November 14, 2017, at a duly noticed Public Hearing, 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 reviewed and analyzed the proposed Project pursuant to the
appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC.
Section 2:The Council finds and determines that 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. 2007-01 (SCH# 2007041063) was adopted in 2007 for the Ramsgate Specific
Plan, Amendment No. 6 that evaluated environmental impacts that would result from maximum
build-out of the Specific Plan. No substantial changes that require major revisions to the MND
exist and no new information of substantial importance that require revisions to the earlier MND
exist.
Section 3:That in accordance with State Planning and Zoning Law and the LEMC, the Council
makes the following findings for approval of Tentative Tract Map No. 37382:
Reso. No. 2017-____
Page 2 of 3
1. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the 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. The proposed tentative map is located within the Ramsgate Specific Plan No. 89-1,
Amendment No. 6 (RSP#6). The original Ramsgate Specific Plan and the subsequent
amendments were subject to a consistency finding with the General Plan prior to
adoption. TTM 37382 is located within Planning Area 11 of the RSP#6 and is designated
Modified Medium Low Density (MMLD) (3 to 6 Dwelling Units per Acre (D.U./Ac.)). The
density for TTM 37382 is 3.6 D.U/Ac. TTM 37382 is also consistent with all other
consistent with the provisions of the RSP#6 and is therefore found to be 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 subdivision of land is physically suitable for the proposed density
of development in accordance with the General Plan.
a. The overall density and design is consistent and compatible with the adjacent
communities.
3. The effects that this 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.
4. The proposed division of land or type of improvements is not likely to result in any significant
environmental impacts.
a.The Project has been adequately conditioned by all applicable departments and
agencies and will not therefore result in any significant environmental impacts. The
proposed use, together with the conditions applicable thereto, will not be detrimental to
the public health, safety, or welfare or materially injurious to properties or improvements
in the vicinity.
5. The design of the proposed division of land or type of improvements is not likely to cause
serious public health problems.
a. TTM37382 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.
Reso. No. 2017-____
Page 3 of 3
a. All known easements or request for access have been incorporated into the design of
TTM 37382.
b. The map has been circulated to City departments and outside agencies, and appropriate
Conditions of Approval have been applied to the Project.
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 Tentative Tract Map No. 37382.
Section 5:This Resolution shall take effect immediately upon its adoption.
Section 6:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted on this 14
th day of November, 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 November 14, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
Applicant’s Initials: _____Page 1 of 19
CONDITIONS OF APPROVAL
RESOLUTION:2017-XX & 2017-XX
PROJECT: TTM 37382
PROJECT NAME:Wasson Canyon
PROJECT LOCATION:APNs: 347-330-022, 023, 066, 347-360-001, 002,
377-100-006, 009, and 010
APPROVAL DATE:
EXPIRATION DATE:
GENERAL
1.Tentative Tract Map No. 37382 is a subdivision of 55.06 acres into 199 single-family
residential lots (ranging in size from 4,600 sq. ft. to 17,445 sq. ft.) and 23 lettered lots for a
5.6-acre park, open space, utility easements, and water quality/detention basins. The
project site is located southeasterly of Highway 74, westerly of Rosetta Canyon Drive,
northeasterly of Cambern Avenue, on the southern side of Third Street within the Ramsgate
Specific Plan. (APNs: 347-330-022, 023, 066, 347-360-001, 002, 377-100-006, 009, and
010).
2.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. 37382, 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. 37382
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.
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.Tentative Tract Map No. 37382 will expire two years from date of approval unless within that
period of time a Final Map has been filed with the County Recorder, or an extension of time
is granted by the City of Lake Elsinore City Council in accordance with the State of California
Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code.
5.Tentative Tract Map No. 37382 shall comply with the State of California Subdivision Map
Act, the Ramsgate Specific Plan No. 89-1, Revision No. 6 (RSP #6), and applicable
Conditions of Approval Planning Commission: 10/17/2017
TTM 37382 City Council: 11/14/2017
Applicant’s Initials: _____Page 2 of 19
requirements set forth in the Lake Elsinore Municipal Code (LEMC), unless modified by
approved Conditions of Approval.
6.The applicant shall provide all project-related on-site and off-site improvements as required
by these Conditions of Approval.
7.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.
8.The applicant shall pay all applicable City fees, including but not limited to Development
Impact Fees (DIF), at the rate in effect at the time of payment.
Prior to Recordation of Final Tract Map
9.All lots shall comply with minimum standards set forth in the Ramsgate Specific Plan No.
89-1, Revision No. 6 (RSP #6).
10.A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
11.Street names within the subdivision shall be reviewed and approved by the Community
Development Director or designee.
12.All of the project improvements shall be designed by the applicant's Civil Engineer to the
specifications of the City of Lake Elsinore.
13.The applicant shall meet all the requirements of the Elsinore Valley Municipal Water District
(EVMWD).
14.Prior to recordation of a Final Map, the applicant shall initiate and complete the formation of
a Homeowner’s Association (HOA) which shall be approved by the City. 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 (except public parks), all natural slopes and
open space, all graded slopes abutting public street rights-of-way which are not part of
residential lots, up slopes from public rights-of-way within private lots and all private
streets, and all drainage basins shall be maintained by the Homeowner’s Association
(HOA).
Prior to Design Review Approval
15.All future structural development associated with this map requires separate Design Review
approval pursuant to the provisions of LEMC Chapter 17.184.
16.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)
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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.
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.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
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.
21.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
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handicapped-accessible bathroom.
22.Construction phasing shall be implemented in accordance with the approved Phasing Plan
which avoids construction traffic from entering occupied neighborhoods within the tract.
23.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.
24.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.
25.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.
26.The applicant shall meet all requirements of the providing electric utility company The
applicant shall satisfy easement concerns as noted in the Southern California Edison
correspondence dated March 22, 2007.
27.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to
issuance of each building permit.
28.Prior to the issuance of a building permit, the applicant shall pay the City’s Multiple Species
Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee, at the rate in effect
at the time of payment.
29.Prior to the issuance of a building permit, the applicant shall pay the Stephens' Kangaroo
Rat mitigation fee in accordance with the Stephens' Kangaroo Rat Habitat Conservation
Plan.
30.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.
31.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.
32.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.
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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.
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
5) Application of mulch to hinder evaporation.
The Final landscape plan shall be consistent with any approved site and/or plot plan.
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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.
ENGINEERING DIVISION
General
33.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.
34.All open space and slopes except for public parks and schools and flood control district
facilities, outside the public right-of-way shall be owned and maintained by property owner
or property owner’s association.
35.All storm drain system pipes with diameter greater than 36” shall be plan checked and
maintained by Riverside County Flood Control District.
36.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.
37.This project shall comply with the recommendations of the traffic study prepared by Urban
Crossroads dated January 23, 2007.
38.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.
39.Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and or diversion of drainage.
40.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.
41.All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared
by a Registered Civil Engineer.
FEES
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42.The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan
Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include:
Railroad Canyon Road Benefit District, Stephens Kangaroo Habitat Fee (K-Rat), Traffic
Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Area Drainage
Fee.
43.Mitigation Fees will be assessed at the prevalent rate at time of payment in full.
STORMWATER MANAGEMENT / POLLUTANT PREVENTION / NPDES
Design
44.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 but
are not limited to:
General Permit – Construction
Deminimus Discharges
MS4
45.A Water Quality Management Plan (WQMP) (preliminary and final) shall be prepared using
the Santa Ana Region 8 approved template and guidance and submitted for review and
approval to the City. The Preliminary WQMP shall be approved by the City prior to Planning
Commission; the Final WQMP shall be approved by the City prior to rough or precise grading
plan approval and issuance of ANY permit for construction.
46.Any portion of the DCV that is not infiltrated, harvested and used, evapotranspired, and/or
biotreated shall be treated and discharged in accordance with the requirements set forth in
Section XII.G.
47.The Final WQMP shall document 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.
Treatment Control BMPs
Site design and drainage plan (BMP Exhibit).
Documentation of how vector issues are addressed in the BMP design, operation and
maintenance.
GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment
Control BMP locations.
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 adverse impacts on downstream erosion and receiving waters, or measures are
implemented to mitigate significant adverse impacts downstream public facilities and
water bodies. Evaluation documentation shall include pre-and post-development
hydrograph volumes, time of concentration and peak discharge velocities, construction
of sediment budgets, and a sediment transport analysis.
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Operations and Maintenance Plan and Agreement as well as documentation of
formation of funding district for long term maintenance cost.
48.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.E3, and XII.E.7).
Preventatives measures (these are mostly non-structural measures, e.g., minimizing
impervious areas, conserving natural areas, minimizing directly connected impervious
areas, etc.)
The Project shall in the order presented, infiltrate, harvest and use, evapotranspire
and/or bio-treat 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, evapo-transpired,
and/or bio-treated shall be treated and discharged in accordance with the
requirements set forth in Section XII.G.
49.Parking lot landscaping areas shall be designed to provide for treatment, retention or
infiltration of runoff.
50.Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
51.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.
52.All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain”
using the City authorized marker.
53.The project shall use either volume-based and/or flow-based criteria for sizing BMPs in
accordance with NPDES Permit Provision XII.D.4.
54.Multi-family and/or high density residential developments shall implement full trash capture
methods/devises approved by the Regional Water Quality Control Boards.
Construction
55.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.
56.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.
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57.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.
58.Minimum BMP’s as identified by the City shall be implemented by all projects.
Post-Construction
59.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.
The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall (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.
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.
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 or
CC&R’s attached) are available for the HOA.
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.
FINAL TRACT OR PARCEL MAP
60.The developer shall submit for plan check review and approval a final map.
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61.Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits.
62.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.
63.The Final Tract Map or Parcel Map shall include the phasing boundaries consistent with the
parcels of the Tentative Tract or Parcel Map. The phasing boundaries or parcels shall be
processed as separate tract maps.
UTILITIES
64.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.
65.All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Lake
Elsinore Municipal Code (LEMC)
66.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.
67.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).
68.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
69.The development of each Planning Area or Phase shall be subject for specific review and
conditions of approval.
70.Sight distance into and out of the project location shall comply with CALTRANS Standards.
71.The developer shall install permanent bench marks per City of Lake Elsinore Standards and
at locations to be determined by City Engineer.
72.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Lake Elsinore Standards.
73.The developer shall coordinate with Riverside Transit Authority for location and installation
of bus transit facilities.
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 are exceeded,
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drainage facilities shall be provided.
75.All drainage facilities in this project shall be constructed to Riverside County Flood Control
District Standards.
76.A drainage study shall be provided. The study shall identify the following: identify storm
water runoff from and upstream of the site; show existing and proposed off-site and onsite
drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.
The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours
or 24 hours duration under developed condition is equal or less than the runoff under
existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration
shall be analyzed to determine the detention basin capacities necessary to accomplish the
desired results.
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.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
79.The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
80.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.
81.Construct streets D, E, F, G, H, I, and K per City Standard 108 (60’/40’).
82.Construct streets J and N per Riverside County Standard 106A Modified (50’/36’).
83.Construct ac pavement to City Standard Local Street Section 108, 1/2 width +12’, on Third
Street, from Conard Avenue to Cambern Avenue.
84.Construct half-width + 19’ improvements on the east side of Cambern Avenue, from Third
Street, along the project frontage, to the project boundary per City Secondary Highway
Standard 104 (90’/70’).
85.Provide street lighting and show lighting improvements as part of street improvement plans.
Coordinate with Engineering Department for selection of the LS-2 or LS-3 and design
standards and requirements.
86.The developer shall implement mitigation measures identified in the Traffic Analysis dated
January 23, 2007, as specified in this Study to the satisfaction of the City Engineer.
87.Street improvement plans shall be prepared by a Registered Civil Engineer and the plans
shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and
drainage improvements.
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88.The developer shall provide signing and striping plans for the required improvements of this
project. The plans shall also incorporate traffic calming measures on local streets.
89.This project shall provide trail and roadway connections to adjacent developments unless
otherwise deemed unfeasible as concurred by the city. The trail cross section shall be per
County standards unless otherwise approved by the City Engineer.
90.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
91.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.
92.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.
93.The developer shall be responsible for acquiring right-of-ways in which the developer or the
City has no legal title or interest. If the developer is unsuccessful in acquiring such right-of-
ways, the City could assist the developer in the Eminent Domain process at developer’s
cost.
94.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
95.Pay all fair-share contribution for the cost of offsite improvements as identified in this
project’s Traffic Study, dated January 23, 2007. The fair-share cost shall be based on a cost
estimate of the offsite improvements provided by the developer and approved by the City
Engineer.
96.A portion of the required improvements for this development may be covered under the
Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for reimbursement or
credits shall be approved by the City Engineer and based on allowable costs in the fee
program and availability of funds.
97.The developer shall submit a written request for acceptance to the City Engineer.
98.As-built plans shall be completed and signed by the City Engineer.
GRADING
Design
99.Provide written approval of construction activity from the U.S. Department of Fish and Game
and U.S. Army Corp of Engineers.
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100. 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).
101. All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
102. The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
103. 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.
104. A seismic study shall be performed on the site to identify any hidden earthquake faults,
liquefaction and/or subsidence zones present on-site. A certified letter from a registered
geologist or geotechnical engineer shall be submitted confirming the absence of this hazard.
105. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
106. The applicant shall accept drainage from the adjacent property owners.
Permit/Construction:
107. Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
108. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
109. 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
110. 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)
111. Export sites located within the Lake Elsinore City limits must have an active grading permit.
112. 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
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damages to the public right-of-way, subject to the approval of the City Engineer.
113. 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.
114. A copy of the current SWPPP shall be kept at the project site and be available for review
upon request.
115. Approval of the project Water Quality Management Plan (WQMP) for post construction shall
be received prior to issuance of a grading permit.
116. Submit an approved environmental clearance document to the Engineering Division. This
approval shall identify and clear all proposed grading activity anticipated for this project.
117. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in an applicable development agreement,
Stephens Kangaroo Rat Habitat.
PRIOR TO ISSUANCE OF BUILDING PERMIT
118. Provide final soils, geology and seismic report, including recommendations for parameters
for seismic design of buildings, and walls prior to building permit.
119. The Parcel or Final Tract Map shall be recorded.
120. All street improvement plans and signing and striping plans shall be completed and
approved by the City Engineer per the Traffic Impact Analysis dated January 23, 2007.
121. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
122. All signing and striping and traffic control devices for the required improvements of this
development shall be installed.
123. 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.
124. Pay all fair-share contribution for the cost of offsite improvements as identified in this
project’s Traffic Study, dated January 23, 2007. The fair-share cost shall be based on a cost
estimate of the offsite improvements provided by the developer and approved by the City
Engineer.
125. All water and sewer improvements shall be completed in accordance with Water District
requirements.
126. 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.
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127. In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition.
128. 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.
129. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows:
Final Map(s) - GIS Shape files*, AutoCad file 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.
o *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane
California Zone VI U.S. Fleet.
130. 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.
131. Documentation of responsibility for slope maintenance along right-of-ways and open spaces
to be maintained by the HOA or other entity shall be provided in a recordable format and
recorded prior to occupancy/final.
132. 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;
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.
133. 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.
134. Developer shall pay all applicable citywide development impact fees in effect at the time of
issuance of building permits, including fees due pursuant to LEMC Section 16.72
(Drainage), Section 16.74 (TIF, DIF, Fire), Section 16.83 (TUMF), and Section 16.85
(MSHCP), and Stephens Kangaroo Rat Habitat.(Modified per 10/17/2017 PC)
COMMUNITY SERVICES DEPARTMENT
135. The developer shall pay Quimby and park Development Impact Fees (DIF), at the rate in
effect at the time of payment.
136. The developer is required to participate in the Public Facility fee program
137. All interior landscape, recreation areas, facilities and/or open space shall be maintained by
the HOA. No park credits shall be given.
Conditions of Approval Planning Commission: 10/17/2017
TTM 37382 City Council: 11/14/2017
Applicant’s Initials: _____Page 16 of 19
138. The HOA shall maintain all park and common landscape areas.
CITY OF LAKE ELSINORE FIRE MARSHAL
General Conditions
139.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.
140.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.
141.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”).
142.Standard Fire Hydrants - Standard 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.
143.Fuel Modification Plan - Fuel modification plans shall be provided to the Lake Elsinore Fire
Protection Planning office. Plans shall include fuels modeling and comprehensive details
with regard to the vegetation management plan. The fuels modification zone shall be not
less than 100’ from all structures and may be required to be increased.
144.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
65,000 lbs. over 2 axles.
4. Roadway gradient shall not exceed 15% on any access road, driveways, and
perimeter roads.
Conditions of Approval Planning Commission: 10/17/2017
TTM 37382 City Council: 11/14/2017
Applicant’s Initials: _____Page 17 of 19
5. Turning Radius shall be 24’ inside and 45’ outside for all access roads.
145.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.
146.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
147.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.
148.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.
149.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
150.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.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD
151. Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Conditional
Use Permit (as applicable), the applicant shall annex into Community Facilities District No.
2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community
Conditions of Approval Planning Commission: 10/17/2017
TTM 37382 City Council: 11/14/2017
Applicant’s Initials: _____Page 18 of 19
Facilities District to offset the annual negative fiscal impacts of the project on public safety
operations and maintenance issues in the City. Alternatively, the applicant may propose
alternative financing mechanisms to fund the annual negative fiscal impacts of the project
with respect to Public Safety 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.
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance
Services)
152. Prior to approval of the Final Map, Parcel Map, Residential Design Review, Conditional Use
Permit or building permit (as applicable), the applicant shall annex into the 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. 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.
MITIGATION MONITORING AND REPORTING PROGRAM
153. The applicant shall comply with the Mitigation Monitoring & Reporting Program (MMRP) for
Mitigated Negative Declaration No. 2007-01 for Ramsgate Specific Plan No. 89-1, Revision
No. 6, which was adopted for this project.
Conditions of Approval Planning Commission: 10/17/2017
TTM 37382 City Council: 11/14/2017
Applicant’s Initials: _____Page 19 of 19
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:
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Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-417
Agenda Date: 11/14/2017 Status: Public HearingVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 14)
Page 1 City of Lake Elsinore Printed on 11/9/2017
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:November 14, 2017
Project:Planning Application 2017-012: A Proposed Amendment to the City of
Lake Elsinore Municipal Code, Title 17 Zoning, Chapter 17.156 Medical
Marijuana Dispensaries that would permit cannabis related businesses within
the M2 zone district or M-1 and M-2 zone districts subject to a Conditional
Use Permit and related regulatory framework for the uses.
Recommendation
adopt, AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND
REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER 17.156, OF THE LAKE ELSINORE
MUNICIPAL CODE CANNABIS DISPENSARIES AND CULTIVATION WITH TITLE 17,
CHAPTER 17.156 CANNABIS USES WITHIN THE M-2 ZONE DISTRICT.
ALTERNATIVELY
adopt, AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND
REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER 17.156, OF THE LAKE ELSINORE
MUNICIPAL CODE CANNABIS DISPENSARIES AND CULTIVATION WITH TITLE 17,
CHAPTER 17.156 CANNABIS USES WITHIN THE M-1 AND M-2 ZONE DISTRICTS.
Background
Proposition 215, the Compassionate Use Act (CUA) of 1996, provides certain legal protections
for qualified patients and primary caregivers that possess or cultivate marijuana. In addition to
Proposition 215, the Legislature enacted the Medical Marijuana Program Act (MMPA) in 2003,
which extends certain legal protections to those that collectively or cooperatively cultivate
marijuana for medical purposes. By exempting qualified patients and caregivers from
prosecution for using or from cultivating medical marijuana, California law basically allows for its
cultivation and use. However, the California Supreme Court has held that neither the CUA nor
the MMPA created a broad right to access medical marijuana or preempted a local
government’s ability to regulate or ban medical marijuana distribution or cultivation.
In 2006, the City Council adopted Ordinance 1173 which amended the Lake Elsinore Municipal
Code to prohibit medical marijuana dispensaries in all zoning districts. The Council did not
address the issue of marijuana cultivation at that time.
Page 2 of 6
Three pieces of legislation, which together are known as “The Medical Marijuana Regulation
and Safety Act,” became state law in October 2015:
AB 243 establishes a regulatory and licensing structure for cultivation sites under the
Department of Food and Agriculture.
AB 266 establishes a dual licensing structure requiring a state license and a local license
or permit. Department of Consumer Affairs heads overall regulatory structure imposing
health and safety and testing standards.
SB 643 establishes criteria for licensing of medical marijuana businesses, regulates
physicians, and recognizes local authority to levy taxes and fees.
AB 243 contains a provision stating that cities that do not have an ordinance by March 1, 2016
regulating or prohibiting cultivation will lose the authority to regulate or ban cultivation within
their city limits and the state will become the sole licensing authority.
In 2016, the City Council adopted an ordinance which amended the Lake Elsinore Municipal
Code to prohibit medical marijuana dispensaries in all zoning districts. The Council did not
address the issue of marijuana cultivation at that time.
In 2016, Proposition 64 was passed. Proposition 64 allowed adults aged 21 years or older to
possess and use marijuana for recreational purposes. The measure created two new taxes, one
levied on cultivation and the other on retail price.
On March 21, 2017, the Planning Commission reviewed the draft ordinance at a work session,
took testimony from the public and provided general direction to staff on potential modifications
of the ordinance.
On October 24, 2017, the City Council of the City of Lake Elsinore reviewed the draft ordinance
at a work session, took testimony from the public and provided split direction to extend cannabis
related uses to the M-1 zone district and consensus direction to refine certain objective
standards.
On November 7, 2017, the Planning Commission took action to recommend that the City
Council adopt the ordinance restricting cannabis related uses to the M-2 zone district. In
addition the Planning Commission took action to modify the proposed ordinances to explicitly
call out the necessity of obtaining a building permit and the issuance of a certificate of
occupancy prior to the establishment of the use.
Discussion and Analysis
Staff was provided general direction to draft an ordinance that permits cultivation and
manufacturing of marijuana products in the M-2 General Manufacturing district, subject to the
approval of a Conditional Use Permit. Further, direction was provided to have the ordinance that
permits dispensaries and distribution facilities as accessory uses to permitted cultivation or
manufacturing uses. Lastly, direction was provided to establish a yearly license and a corollary
development agreement fee to reduce impacts of the recreational and medical use of marijuana
on public safety.
Page 3 of 6
The proposed ordinance converts the vernacular of the previous codified municipal code section
with the updated vernacular employed by the new State regulations, specific referring to
marijuana as cannabis. In addition the proposed ordinance establishes three (3) cannabis
related land uses which would be permitted subject to the approval of a Conditional Use Permit
(cannabis cultivation, cannabis manufacturing, and cannabis testing laboratory) and two (2)
cannabis related land uses which are accessory uses (cannabis dispensaries and cannabis
distribution) to the three (3) conditionally permitted uses. Dependent on which ordinance is
adopted these uses would be limited to M-2 or M-1 and M-2 zone districts. If permitted in both
the M-1 and M-2 zone district there are provisions which restrict the number of cannabis
business permits that can be issued to five (5) with a provision that allows additional permits to
be issued provided the operator files a companion request for a finding of a public convenience
to be made. These uses are defined as follows:
Cannabis cultivation means the planting, growing, harvesting, drying or processing of
any cannabis plants or any part thereof, for medical use consistent with the
Compassionate Use Act (California Health and Safety Code Section 11362.5), the
Medical Cannabis Program Act (California Health and Safety Code Section 11362.7 et
seq.), and Proposition 64, Cannabis Legalization.
Cannabis dispensary means any facility or location where medical cannabis or
recreational cannabis is made available to or distributed by or distributed to one (1) or
more individuals operating in strict accordance with the CUA, the MMPA, the MMRSA,
and the AMUA as may be amended from time to time, and subject to the provisions of
this chapter and the City’s Municipal Code.
Cannabis distribution facility means any facility or location, the primary function of which
is the procurement, sale, and/or transport of medical cannabis and/or recreational
cannabis products between entities operating in strict accordance with the CUA, the
MMPA, the MMRSA, and the AMUA as may be amended from time to time, and subject
to the provisions of this chapter and the City’s Municipal Code.
Cannabis manufacturing facility means a facility where the production of medical
cannabis or recreational cannabis concentrate, and/or the preparation, propagation, or
compounding of manufactured medical cannabis, either directly or indirectly or by
extraction methods or independently by means of chemical synthesis, or the packaging
or repackaging of medical cannabis or medical cannabis products, or the labeling or
relabeling of its containers, occurs, provided the facility holds a valid condition use
permit, and a development agreement if applicable, all issued in accordance with this
chapter and the City’s Municipal Code, and operating in strict accordance with the CUA,
the MMPA, the MMRSA, and the AMUA as may be amended from time to time, and
subject to the provisions of this chapter and the City’s Municipal Code.
Cannabis testing facility means a facility for testing, analysis, and/or research. Similar
types of lab uses include medical labs, soils, materials testing labs, and forensic labs.
Laboratories are a necessary component of the cannabis licensing scheme because
testing is required to be done on each cannabis crop to determine constituents such as
cannabinols (CBD’s), tetrahydrocannabinol (THC), pesticide residuals, mold, and
fungus.
Page 4 of 6
In addition to defined cannabis related land uses, the proposed ordinance creates objective
standards to evaluate cannabis related land uses and specific requirements for the operation of
cannabis related land uses. Specifically the ordinance requires the following:
Requirement of obtaining a cannabis business permit, which includes mandatory annual
inspections.
Liability insurance, minimum of $1,000,000 in aggregate policy limits.
Financial reporting, permittee required to submit financial reports on a yearly basis
Storage requirements, cannabis related uses shall have adequate locked storage, with
the storage identified and approved as part of the security plan
Site security, cannabis related uses shall have a site security plan approved by the
Sheriff’s department. Plan shall include surveillance cameras with specific storage and
retention requirements and alarm systems.
Signs, specific signs that assert consumption of cannabis is prohibited, juveniles are
prohibited, and that the products produced and/or sold have not been tested.
Site restrictions, all cannabis related business shall lock all exterior doors, personnel
shall wear identification badges, and requirements of managers being onsite.
Cannabis and alcohol consumption prohibited.
Limitations of operational hours.
Uses located entirely indoors (excluding green houses).
Operators cannot have a criminal history.
Manufacturing of cannabis restricts the use of solvents and volatile chemicals.
Prohibition on retail sales and deliveries for cultivation, manufacturing, or testing facilities
unless an accessory dispensary or distribution facility has been approved.
Restriction on the size (less than 25% of the gross floor area) and financial impact (51%
of gross receipts) for the accessory uses.
The drafted ordinance provides a regulatory framework, which permits cultivation,
manufacturing, and testing of marijuana products in the M-2 or M-1 and M-2 zone districts,
subject to the approval of a Conditional Use Permit and Cannabis Business Permit. There is a
tendency for land uses to convert to the highest and best use over time, which means cannabis
land uses have great potential to change the land use, economic, and environmental conditions
of the City. In the preparation of this ordinance, staff identified several major considerations,
which include:
The environmental effects of cannabis related land uses
Public safety and security issues
Page 5 of 6
Water availability
Wastewater disposal
The public health and safety impacts (especially as they relate to the normalization of
cannabis use and access by children)
Long term potential for increases in land values and conversion of land uses that may
impact other sectors of the economy
The addition of cannabis as a new land use increases demand on an already limited
industrial real estate market.
In order to reduce the unintended complications of such changes the proposed ordinance either
through the limitation of the developable areas or limitation on the number of permits seeks to
minimize the number of cannabis related businesses. Furthermore, the proposed ordinances
attempt to ameliorate concerns of public safety and security through stringent operational and
site characteristics. Additionally the proposed ordinances require all cannabis related land uses
to obtain a Conditional Use Permit. The Conditional Use Permit allows the City the ability to
regulate the proposed cannabis related businesses on a case-by-case basis. The case-by-case
review will ensure adequate water availability and wastewater disposal, analysis of the impacts
to surrounding land uses, and compliance with the California Environmental Quality Act. This
further analysis will ensure that specific uses would be compatible with surrounding land uses
and the impacts of the uses would be mitigated. As part of the Conditional Use Permit, process
a corollary Development Agreement will be processed to ensure there are adequate provisions
to protect the City from any undue impacts and including fiscal impacts. Lastly, staff will be
working on a companion policy, which will provide additional evaluation criteria, which is more
subjective in nature and standard conditions of approval for review by the Planning Commission
and City Council in the beginning of 2018.
Overall, the proposed ordinances are a pragmatic approach to establishment and regulation of
cannabis related land uses. Staff is recommending that the ordinance, which limits the proposed
cannabis related land uses to the M-2 district. This recommendation is largely due to land uses
converting to the highest and best use over time, which can be translated to the property
owner’s interest in leasing buildings at the highest prices. In M-2 districts, land uses tend to be
heavier industrial uses that have a higher lease rates comparatively to lighter industrial uses
found in the M-1 districts. Further, due to the limited constructed structures in the M-2 district
and zoned land there is market-oriented restriction on the volume of cannabis related
businesses. If a property owner in M-1 wanted to operate a cannabis related land use, they
could apply for a General Plan Amendment and Zone change applications to convert their land
to the M-2 land use designation. If the proposed regulatory structure and limitation to the M-2
land use district does not adequately address the demand of the cannabis industry in the City,
there is always the ability to modify the Municipal Code to extend cannabis related land uses
into the M-1 zone district. At this time, however it is staff’s recommendation to adopt an
ordinance limiting cannabis related land uses to the M-2 land use district.
Page 6 of 6
Environmental Determination
This ordinance is not subject to the California Environmental Quality Act (CEQA) Guidelines
under the General Rule (Section 15061(b)(3)), because it can be seen with certainty that the
proposed Municipal Code text amendment will have no significant negative effect on the
environment. The project involves updates and revisions to existing regulations. The proposed
code amendment is consistent with California Law, specifically Government Code Section
65850.5. Individual Conditional Use Permit applications will be evaluated for their impacts on
the environment when those applications have been made
Fiscal Impact
Costs have been incurred for staff time to research, draft, and process the ordinance. No
increase in expenditures or revenues are anticipated as a part of this Municipal Code
Amendment. Additional fiscal impact analysis will be conducted on a case-by-case basis upon
the submittal of a Conditional Use Permit.
Exhibits
A. Map of M1 and M2 locations
B. 17.156 Medical Marijuana Dispensaries and Cultivation
C. Ordinance – M-2
D. Ordinance – M-1 and M-2
RIVERSIDELAKESHORECOLLIERCHANEYDEXTERJOYMINTHORNCENTRALSUMNERMAINNICHOLSFLINTSPRINGNICHOLSDEXTERDEXTERCENTRALNICHOLSMarijuana Initiative AnalysisPrepared by:City of Lake Elsinore GISData Sources:City of Lake Elsinore GISCounty of Riverside GISCity BoundaryInterstate 15Highway 74M1 - Limited ManufacturingM2 - General ManufacturingMISSIONCORYDONCEREAL BUNDY CANYON
10/30/2017 Chapter 17.156 MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION
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Chapter 17.156
MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION
Sections:
17.156.010 Definitions.
17.156.020 Medical marijuana dispensaries prohibited.
17.156.030 Medical marijuana cultivation.
17.156.040 Enforcement.
Prior legislation: Ord. 1173, Code 1987 §§ 17.69.010 – 17.69.030.
17.156.010 Definitions.
“Cultivation” means the planting, growing, harvesting, drying or processing of any marijuana plants or any part
thereof, for medical use consistent with the Compassionate Use Act (California Health and Safety Code Section
11362.5) and the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.).
“Medical marijuana dispensary” or “dispensary” means any facility or location where medical marijuana is made
available to or distributed by or distributed to one or more of the following: a primary caregiver, a qualified patient,
or a patient with an identification card. All three of these terms are identified in strict accordance with California
Health and Safety Code Section 11362.5 et seq. A medical marijuana dispensary shall not include the following
uses, as long as the location of such uses is otherwise regulated by this code or applicable law: a clinic licensed
pursuant to Chapter 1.05 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to
Title 2 of Division 2 of the Health and Safety Code; a facility licensed pursuant to Title 2 of Division 2 of the
Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly
licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice, or a home
health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use
complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.
“Parcel” means any parcel of real property that may be separately sold in compliance with the Subdivision Map
Act (California Government Code Section 66410 et seq.).
“Occupied” means currently, presently, and lawfully utilized as the primary dwelling of one or more persons.
“Outdoor” means any location within the city that is not within a fully enclosed, occupied (as defined in this
section) dwelling, dwelling unit or housing unit. [Ord. 1348 § 4, 2016].
17.156.020 Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries are prohibited in all City zones, and no license, use permit, temporary permit, or
permit shall be issued therefor. [Ord. 1348 § 4, 2016].
17.156.030 Medical marijuana cultivation.
A. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or
allow such parcel to be used for the outdoor cultivation of any marijuana plant.
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B. No person owning, renting, leasing, occupying, or having charge or possession of any parcel shall cause or
allow indoor cultivation of marijuana on such parcel to be visible from any street, sidewalk, or other place freely
accessible by the public.
C. No license, use permit, temporary permit, or permit shall be issued for the cultivation of marijuana within the
City.
D. Compliance with Building, Fire Code and Permitting Requirements. Any person(s) cultivating medical
marijuana with the use of grow lights, fans, ventilation devices or any other electrical or mechanical equipment
shall comply with all applicable building and fire code requirements adopted by the City of Lake Elsinore, and
shall obtain all permits required for such installation.
E. There shall be a limited exemption from enforcement for violations of this ordinance by primary caregivers and
qualified patients for small amounts of marijuana cultivation for their own medical use in all residential zone
classifications when all of the following conditions and standards are complied with:
1. The premises shall contain a legally permitted single-family dwelling.
2. Cultivation of no more than 12 marijuana plants per qualified patient. In the event a qualified patient has a
primary caregiver cultivating marijuana plants for the qualified patient, only one primary caregiver may
cultivate no more than 12 marijuana plants for that qualified patient at any one time. In no circumstances
shall a qualified patient have multiple primary caregivers cultivating marijuana plants for the qualified patient
at the same time.
3. Two-qualified-patient limit to aggregate marijuana plant count for a maximum total of 24 marijuana plants
per premises.
4. At least one qualified patient or one primary caregiver must live on the premises.
5. All marijuana plants must be reasonably secured to prevent access by minors or theft, to a standard
satisfactory to the enforcement officer.
6. All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at least six
feet in height. The fence must be adequately secure to prevent unauthorized entry. Bushes, hedgerows,
plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection.
Premises larger than five acres are exempt from this fencing provision so long as all other standards and
conditions of this subsection (E) are complied with and any barriers used are otherwise consistent with the
municipal code.
7. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least 10
feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from
the building in which the marijuana plants are cultivated, or, if the marijuana plants are cultivated in an
outdoor area, from the fence required by subsection (E)(6) of this section to the boundary line of the
premises.
8. The designated marijuana cultivation area must not be visible from any public right-of-way.
9. If the person cultivating marijuana plants on any premises is not the owner of the premises, such person
shall submit a letter from the owner(s) consenting to the marijuana cultivation on the parcel. This letter shall
be examined by the enforcement officer, and shall then be returned to the submitter. The County shall
prescribe forms for such letters.
10. Parolees or probationers shall not live on the premises unless the parolee or probationer has received
confirmation from the court that he is allowed to use medical marijuana while on parole or probation
10/30/2017 Chapter 17.156 MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION
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pursuant to Health and Safety Code Section 11362.795 which shall be subject to verification by the
enforcement officer.
11. Qualified patients for whom the marijuana plants are being cultivated shall have valid medical marijuana
identification cards issued by the Riverside County Department of Public Health. Any primary caregiver
cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient’s valid medical
marijuana identification card issued by the Riverside County Department of Public Health which shall be
kept on the premises.
12. The address for the premises must be posted and plainly visible from the public right-of-way.
13. The marijuana cultivation shall not be within a multi-dwelling building.
14. The marijuana cultivation shall not be upon any premises located within 1,000 feet of any school,
community center, or park.
15. The marijuana cultivation shall not be upon any premises containing a child care center, church, or
youth-oriented facility. [Ord. 1348 § 4, 2016].
17.156.040 Enforcement.
Violations of this chapter shall be considered a public nuisance, and may be enforced according to the
procedures set forth in Chapter 8.18 LEMC and by the enforcement remedies conferred upon the City by Civil
Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, or other lawful
authority. Nothing in this provision is intended to impair any viable legal defense to a person using or in
possession of medical marijuana pursuant to the Compassionate Use Act (California Health and Safety Code
Section 11362.5) or the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et
seq.). Nothing in this chapter is intended to authorize the cultivation, possession or use of marijuana for
nonmedical purposes in violation of State or Federal law. [Ord. 1348 § 4, 2016].
Mobile Version
1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND
REPLACING IN ITS ENTIRETY TITLE 17, CHAPTER 17.156, OF THE LAKE ELSINORE
MUNICIPAL CODE CANNABIS DISPENSARIES AND CULTIVATION WITH TITLE 17,
CHAPTER 17.156 CANNABIS USES WITHIN THE M-2 ZONE DISTRICT
Whereas,Chapter 17.156 (Medical Cannabis Dispensaries) of the Lake Elsinore Municipal Code
(“LEMC”) sets forth the prohibition of medical cannabis dispensaries within the City; and
Whereas, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the
City of Lake Elsinore has determined that it can be seen with certainty that there is no possibility
that adoption of Municipal Code Amendment No. 2017-01 may have a significant effect on the
environment; and therefore the zoning code amendment is exempt from CEQA; and
Whereas, on November 7, 2017, at a duly noticed public hearing the Planning Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item; and made its recommendation in favor of Municipal Code
Amendment No. 2017-01 by adopting Planning Commission Resolution No. 2017-XX
recommending to the City Council approval of Municipal Code Amendment No. 2017-01; and
Whereas, on November 14, 2017, at a duly noticed public hearing, the City Council has
considered the recommendation of the Planning 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 ORDAIN
AS FOLLOWS:
Section 1.The City Council has reviewed and analyzed the proposed zone changes pursuant to
the California Planning and Zoning Laws (Cal. Gov. Code § 65000 et seq.), the Lake Elsinore
General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed
zone changes 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 Lake Elsinore Municipal
Code.
Section 2.The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. Therefore, no environmental assessment is required or
necessary.
Section 3.That in accordance with the State Planning and Zoning Law, the City Council
hereby makes the following findings for the approval of Municipal Code Amendment No. 2017-
01:
1.The proposed zoning code amendments 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.
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The proposed zoning code amendments have been analyzed relative to their potential to
have detrimental effects and it has been determined that the proposed amendments have
no negative impact upon the public’s health, safety, comfort and general welfare because
the amendments will provide additional regulation of medical and recreational cannabis
within the City.
2.The proposed zoning code amendments are consistent with the Goals, Policies
and Implementation Programs of the General Plan and the development standards
established with the LEMC.
The proposed zoning code amendments do not create new zoning districts, remove
existing zoning districts or otherwise modify land use requirements. The proposed zoning
code amendments do not affect the density or intensity of uses and will not interfere with
the implementation of the goals, policies and implementation programs of the General
Plan.
Section 4.Chapter 17.156 of the Lake Elsinore Municipal Code is hereby amended and replaced
in its entirety to read as follows:
Chapter 17.156
CANNABIS USES
Sections:
17.156.010 Purpose and Intent
17.156.020 Interpretation and Applicability
17.156.030 Definitions
17.156.040 Cannabis Business Permit
17.156.050 Cannabis Dispensaries
17.156.060 Cannabis Distribution
17.156.070 Cannabis Cultivation
17.156.080 Cannabis Manufacturing
17.156.090 Cannabis Testing Laboratory
17.156.100 Enforcement
17.156.110 M-2 Zone
17.156.010 Purpose and intent.
The purpose and intent of this chapter is to regulate the dispensing, cultivation, processing,
manufacturing, testing and distribution of medical and recreational cannabis in a manner that
protects the public health, safety and welfare of the City and mitigates the costs to the community
of the oversight of these activities.
Nothing in this chapter shall be construed to: allow persons to engage in conduct that endangers
others or causes a public nuisance; or allow any activity relating to the cultivation, manufacturing,
testing, distribution or consumption of cannabis that is otherwise illegal under California law.
17.156.020 Interpretation and applicability.
Operation of cannabis facilities within the City shall be permitted upon the application and
approval of both a City-issued conditional use permit pertaining to the location of the facility in
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accordance with the criteria and procedures set forth in this Ordinance and the City’s Municipal
Code, upon application and subject to such additional regulations as may be promulgated
pursuant to this chapter.
A.The cultivation, processing, and distribution of cannabis in the City is controlled by the
provisions of this chapter.
B.Nothing in this chapter is intended, nor shall it be construed, to burden any defense to
criminal prosecution otherwise afforded by California law.
C.Nothing in this chapter is intended, nor shall it be construed, to preclude a landlord from
limiting or prohibiting cannabis cultivation, consumption, processing, and distribution or other
related activities by tenants.
D.Nothing in this chapter is intended, nor shall it be construed, to exempt any cannabis-
related activity from any applicable local or State construction, environmental, electrical,
plumbing, land use, labor or employment laws or any other building or land use standards or
permitting requirements.
E.Nothing is this chapter is intended, nor shall it be construed, to make legal any sale,
cultivation, transportation, manufacture, or other use of cannabis that is otherwise prohibited or
non-compliant under California law, as amended from time to time.
F.All medical cannabis cultivation, dispensaries, distribution, testing, and manufacturing
facilities and recreational cannabis cultivation, dispensaries, distribution, testing, and/or
manufacturing facilities within City limits shall be subject to the provisions of this chapter,
regardless of whether the use existed or occurred prior to adoption of this chapter.
17.156.030 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them in this
section. Any reference to California statutes includes any regulations promulgated thereunder
and is deemed to include any successor or amended version of the referenced statute or
regulatory provision. Words and phrases not specifically defined in this chapter shall have the
meanings ascribed to them by the following sources:
A.The CUA of 1996 (California Health and Safety Code Section 11362.5), and as may be
amended from time to time;
B.The MMPA (California Health and Safety Code Sections 11362.7 through 11362.83);
C.The MMRSA (California Business and Professions Code Sections 19300 through 19355)
as may be amended from time to time;
D.The AMUA (Proposition 64, The Adult Use of cannabis Act).
“Cannabis” has the same meaning as in California Health, Safety Code Section 11018 and
Proposition 64, Cannabis Legalization as may be amended from time to time. For the purpose of
this chapter, “cannabis” does not mean industrial hemp as that term is defined by Section 81000
of the California Food and Agricultural Code or Section 11018.5 of the California Health and
Safety Code.
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“Cannabis business” means any use that conducts medical cannabis cultivation, dispensaries,
distribution, testing, and manufacturing facilities and/or recreational cannabis cultivation,
dispensaries, distribution, testing, and manufacturing facilities.
“Cannabis business permit” means a specific permit required for any commercial operation of any
cannabis oriented business subject to the approval of a conditional use permit.
“Cannabis cultivation” means the planting, growing, harvesting, drying or processing of any
cannabis plants or any part thereof, for medical use consistent with the Compassionate Use Act
(California Health and Safety Code Section 11362.5), the Medical Cannabis Program Act
(California Health and Safety Code Section 11362.7 et seq.), and Proposition 64, Cannabis
Legalization.
“Cannabis dispensary” means any facility or location where medical cannabis or recreational
cannabis is made available to or distributed by or distributed to one (1) or more individuals
operating in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may be
amended from time to time, and subject to the provisions of this chapter and the City’s Municipal
Code.
“Cannabis distribution facility” means any facility or location, the primary function of which is the
procurement, sale, and/or transport of medical cannabis and/or recreational cannabis products
between entities operating in strict accordance with the CUA, the MMPA, the MMRSA, and the
AMUA as may be amended from time to time, and subject to the provisions of this chapter and
the City’s Municipal Code.
“Cannabis manufacturing facility” means a facility where the production of medical cannabis or
recreational cannabis concentrate, and/or the preparation, propagation, or compounding of
manufactured medical cannabis, either directly or indirectly or by extraction methods or
independently by means of chemical synthesis, or the packaging or repackaging of medical
cannabis or medical cannabis products, or the labeling or relabeling of its containers, occurs,
provided the facility holds a valid condition use permit, and a development agreement if
applicable, all issued in accordance with this chapter and the City’s Municipal Code, and operating
in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may be amended
from time to time, and subject to the provisions of this chapter and the City’s Municipal Code.
“Cannabis laboratories” means a facility for testing, analysis, and/or research. Similar types of lab
uses include medical labs, soils, materials testing labs, and forensic labs. Laboratories are a
necessary component of the cannabis licensing scheme because testing is required to be done
on each cannabis crop to determine constituents such as cannabinols (CBD’s),
tetrahydrocannabinol (THC), pesticide residuals, mold, and fungus.
"Gross proceeds" means the value proceeding or accruing from the sale of tangible property
and/or for other services rendered, without any deduction on account of the cost of property sold,
the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other
expense whatsoever paid or accrued and without any deduction on account of losses.
“Indoor” means any location within the City that is within a fully enclosed, occupied (as defined in
this section) dwelling, dwelling unit, housing unit or structure.
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“Occupied” means currently, presently, and lawfully utilized in accordance with an issued
certificate of occupancy.
“Outdoor” means any location within the City that is not within a fully enclosed, occupied (as
defined in this section) dwelling, dwelling unit, housing unit or structure.
“Parcel” means any parcel of real property that may be separately sold in compliance with the
Subdivision Map Act (California Government Code Section 66410 et seq.).
“School” means any educational facility, which primarily provides educational services to
individuals under the age of 18.
17.156.040 Cannabis Business Permit.
A.Except as otherwise set forth in this chapter, it shall be unlawful for any person or entity
to operate, in or upon any property, a cannabis business without first obtaining all required State
licenses and a business license or permits issued by the City. Each State license type available
in the MMRSA or AMUA is eligible to apply for a cannabis business permit. Unless otherwise set
forth in this chapter, no person shall engage in a cannabis business without possessing all
applicable State licenses and all applicable City permits and licenses. Revocation of a State
license shall constitute grounds for the City to suspend or revoke any permit or license issued by
the City.
B.A cannabis business permittees must at all times maintain liability insurance having
aggregate policy limits in an amount not less than $1,000,000.
C.The City may impose an annual cannabis business permit fee at a rate set by a City
Council resolution.
D.All cannabis business permittees shall be subject to an annual regulatory inspection by
the City to insure compliance with all of the applicable provisions of this chapter.
E.It shall be unlawful for the owner of a building to allow the use of any portion of a building
by a cannabis business unless the tenant has a valid cannabis business permit, or has applied
for and not been denied, a cannabis business permit. Each owner of a building whose tenant is a
cannabis business permit applicant shall execute an acknowledgement that the applicant has the
owner's permission and consent to operate a cannabis business at the subject property.
17.156.050 Cannabis Dispensaries.
A.Conditionally Permitted Locations. Medical Cannabis dispensaries shall only be located in
the M-2 zone district.
B.Cannabis dispensaries shall be permitted as an accessory use to either a cannabis
cultivation facility or cannabis manufacturing facility. In no case shall either the gross floor area of
the dispensary exceed 25% of the total area of the business or 50% of gross proceeds of the
business.
C.Permits required. Dispensaries shall only be permitted when either a cannabis cultivation
facility or cannabis manufacturing facility has obtained a valid City issued conditional use permit,
building permit and the issuance of certificate of occupancy.
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D.Cannabis Business Permit. Cannabis dispensaries shall only be permitted when either a
cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City issued
cannabis business permit.
E.The cannabis business permittee shall submit to the City a financial report on a yearly
basis detailing the gross proceeds of the business.
F. Storage. A cannabis dispensary shall have adequate locked storage on the dispensary
property, identified and approved as a part of the security plan, for after-hours storage of cannabis.
Cannabis shall be stored at the dispensary property in secured rooms that are completely
enclosed or in a safe that is bolted to the floor.
G. Site Security. Each dispensary site security plan approved by the Sheriff’s Department
must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the site, the
parking lot, loading areas, and all exterior sides of the property adjacent to the public rights
of way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The recording
system must be capable of exporting the recorded video in standard MPEG formats to
another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the City upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
H. Cannabis Business Permit. The dispensary permittee shall display its current valid
cannabis business permit issued in accordance with this chapter inside the lobby or waiting area
of the main entrance to the dispensary site. The permit shall be displayed at all times in a
conspicuous place so that it may be readily seen by all persons entering the dispensary site.
I. Signs. The following signs in measurements of not less than 8 by 10 inches shall be clearly
and legibly posted in a conspicuous location inside the cannabis dispensary where they will be
visible to members and customers in the normal course of a transaction, stating:
1.“Smoking, ingesting or consuming cannabis on this property or within 20 feet of
the dispensary is prohibited.”
2. “Juveniles are prohibited from entering this property unless they are a qualified
patient or a primary caregiver and they are in the presence of their parent or legal
guardian.”
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3.“Neither the City of Lake Elsinore, nor any other governmental agency has tested
or inspected any cannabis product for pesticides, or other regulated contaminants,
distributed at this location.”
4.Signs on the cannabis dispensary building shall not obstruct the entrance or
windows of the dispensary.
I.Dispensary Site Restricted.
1.All entrances into a cannabis dispensary’s building shall be locked from the
exterior at all times with entry controlled by dispensary personnel.
2.A manager must be on the cannabis dispensary site at all times that, any other
person, except for security guards, is on the site.
4.While on the cannabis dispensary site, managers and staff of the medical cannabis
dispensary permittee must wear their City-issued cannabis dispensary identification
badge at all times.
5.Any person other than managers or staff shall be escorted by a staff member at all
times while in the cannabis dispensary building.
J. Juveniles Prohibited. No juvenile shall be on the dispensary site or operate a cannabis
dispensaryin any capacity, including, but not limited to, as a manager, staff, employee, contractor,
or volunteer.
K. Delivery Prohibited. A cannabis dispensary shall not provide any form of delivery service.
All distribution of cannabis must be conducted within the enclosed building areas of the
dispensary property.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the dispensary site.
M. Alcohol Prohibited. No medical cannabis dispensary or manager shall cause or permit the
sale, distribution, or consumption of alcoholic beverages on the dispensary property; hold or
maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages; or operate a business on or adjacent to the dispensary property that sells alcoholic
beverages. No alcoholic beverages shall be allowed or stored on the dispensary property.
N. Criminal History. No cannabis dispensary permittee or manager of a dispensary shall
operate a dispensary if he or she has been convicted of a felony, or is currently on parole or
probation for the sale or distribution of a controlled substance. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate
a dispensary solely on the basis that the person has been convicted of a felony if the person has
obtained a certificate of rehabilitation (expungement of felony record) under California law or
similar federal statute or state law under which the expungement was granted
O. Hours of Operation. The maximum hours of operation for a medical cannabis dispensary
shall be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been imposed
as a condition of the cannabis business permit or conditional use permit.
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17.156.060 Cannabis Distribution
A.Permitted Locations. Cannabis distribution shall only be located in the M-2 zone district.
B.Limitation of Use. Cannabis distribution shall be permitted as an accessory use to either
a cannabis cultivation facility or cannabis manufacturing facility. In no case shall either the gross
floor area of the dispensary exceed 25% of the total area of the business or 50% of gross
proceeds of the business.
C.Permits Required. Cannabis distribution shall only be permitted when either a cannabis
cultivation facility or cannabis manufacturing facility has obtained a valid conditional use permit,
building permit and issuance of a certificate of occupancy.
D.Cannabis Business Permit. Cannabis distribution shall only be permitted when either a
cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City issued
cannabis business permit.
D.Yearly Reporting. The cannabis business permittee shall submit to the City a financial
report on a yearly basis detailing the gross proceeds of the business.
F. Storage. A cannabis distribution facility shall have adequate locked storage on the
dispensary property, identified and approved as a part of the security plan, for after-hours storage
of cannabis. Cannabis shall be stored at the dispensary property in secured rooms that are
completely enclosed or in a safe that is bolted to the floor.
G. Site Security. Each distribution site security plan approved by the Sheriff’s Department
must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the site, the
parking lot, loading areas, and all exterior sides of the property adjacent to the public rights
of way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The recording
system must be capable of exporting the recorded video in standard MPEG formats to
another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the City upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
H. Cannabis Business Permit. The distribution permittee shall display its current valid
cannabis business permit issued in accordance with this chapter inside the lobby or waiting area
of the main entrance to the distribution site. The permit shall be displayed at all times in a
conspicuous place so that all persons entering the site may readily see it.
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I. Signs. The following signs in measurements of not less than 8 by 10 inches shall be clearly
and legibly posted in a conspicuous location inside the cannabis distribution site where they will
be visible to members and customers in the normal course of a transaction, stating:
1.“Smoking, ingesting or consuming cannabis on this property or within 20 feet of
the dispensary is prohibited.”
2. “Juveniles are prohibited from entering this property unless they are a qualified
patient or a primary caregiver and they are in the presence of their parent or legal
guardian.”
3.“Neither the City of Lake Elsinore, nor any other governmental agency has tested
or inspected any cannabis product for pesticides, or other regulated contaminants,
distributed at this location.”
4.Signs on the medical cannabis dispensary building shall not obstruct the entrance
or windows of the dispensary.
J.Distribution Facility Site Restricted.
1.All entrances into a cannabis distribution building shall be locked from the exterior
at all times with entry controlled by dispensary personnel.
2.A manager must be on the cannabis dispensary site at all times that, any other
person, except for security guards, is on the site.
3.While on the cannabis dispensary site, managers and staff of the medical cannabis
dispensary permittee must wear their City-issued cannabis dispensary identification
badge at all times.
4.Any person other than managers or staff shall be escorted by a manager at all
times while in the medical cannabis dispensary building.
K. Juveniles Prohibited. No juvenile shall be on the distribution facility site or operate a
cannabis testing laboratory in any capacity, including, but not limited to, as a manager, staff,
employee, contractor, or volunteer.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the site.
M. Alcohol Prohibited. No cannabis distribution permittee or manager shall cause or permit
the sale, distribution, or consumption of alcoholic beverages on the dispensary property; hold or
maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages; or operate a business on or adjacent to the dispensary property that sells alcoholic
beverages. No alcoholic beverages shall be allowed or stored on the dispensary property.
N. Criminal History. No cannabis distribution permittee or manager of a dispensary shall
operate a dispensary if he or she has been convicted of a felony, or is currently on parole or
probation for the sale or distribution of a controlled substance. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate
10
a distribution facility solely on the basis that the person has been convicted of a felony if the
person has obtained a certificate of rehabilitation (expungement of felony record) under California
law or similar federal statute or state law under which the expungement was granted
O. Hours of Operation. The maximum hours of operation for a medical cannabis distribution
facility shall be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been
imposed as a condition of the cannabis business permit or conditional use permit.
17.156.070 Cannabis Cultivation.
A.No person owning, renting, leasing, occupying or having charge or possession of any
parcel shall cause or allow such parcel to be used for the outdoor cultivation of any cannabis
plant.
B. Cannabis Cultivation shall be limited to interior areas. No person owning, renting, leasing,
occupying, or having charge or possession of any parcel shall cause or allow indoor cultivation of
cannabis on such parcel to be visible from any street, sidewalk, or other place freely accessible
by the public.
C. Permitted Locations. Cannabis cultivation facilities involving the cultivation of mature
flowering cannabis plants shall only be located in the M-2 zone district.
D.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited.
E.Permits Required. Cannabis cultivation facilities shall obtain a City-issued conditional use
permit, building and the issuance of a certificate of occupancy prior to the establishment of the
use.
F.Cannabis Business Permit. Cultivators shall obtain a valid City issued cannabis business
permit.
G.The cannabis business permittee shall submit to the City a financial report on a yearly
basis detailing the gross proceeds of the business.
H. Cultivation Site Buildings. A cultivation site shall comply with the following requirements:
1.Entrances. All entrances into the buildings on the cultivation site shall be locked at
all times with entry controlled by the cannabis cultivation permittee’s managers and staff.
2.Main entrance and lobby. The cultivation site shall have a building with a main
entrance that is clearly visible from the public street or sidewalk. The main entrance shall
be maintained clear of barriers, landscaping, and other obstructions. Inside of the main
entrance, there shall be a lobby to receive persons into the site and to verify whether they
are allowed in the cultivation areas.
3.Cultivation area. All cultivation areas in any building on the cultivation site shall be
separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis cultivation permittee.
4.Transport area. Each building with a cultivation area shall have an area designed
for the secure transfer of cannabis from the cultivation area to a vehicle for transportation.
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5.Storage area. Each building with a cultivation area shall have adequate storage
space for cannabis that has completed the cultivation process or is otherwise not being
cultivated. The storage areas shall be separated from the main entrance and lobby, and
shall be secured by a lock accessible only to managers and staff of the cannabis cultivation
permittee.
I.Compliance with Building, Fire Code and Permitting Requirements. Any person(s)
cultivating cannabis with the use of grow lights, fans, ventilation devices or any other electrical or
mechanical equipment shall comply with all applicable building and fire code requirements
adopted by the City of Lake Elsinore, and shall obtain all permits required for such installation.
J. Cultivation Site Security. Each cultivation site security plan approved by the Sheriff’s
Department must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the cultivation
site, the parking lot, loading areas, and all exterior sides of the property adjacent to the
public rights of way. The cameras and recording system must be of adequate quality, color
rendition, and resolution to allow the identification of any individual present on the
cultivation site. The recording system must be capable of exporting the recorded video in
standard MPEG formats to another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the city upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
K.Display of Cannabis Cultivation Permit. The cannabis cultivation permittee shall display
its current valid cannabis cultivation permit issued in accordance with this chapter inside the lobby
or waiting area of the main entrance to the cultivation site. The permit shall be displayed at all
times in a conspicuous place so that it may be readily seen by all persons entering the cultivation
site.
L.Signs. A cannabis cultivation permittee shall post in the lobby of the cultivation site signs
that state the following:
1.“This site is not open to the public.”
2.“Retail sales of any goods and services is prohibited.”
3.“Juveniles are prohibited from entering this site.”
4.“Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited.”
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Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the cultivation site.
M. Cultivation Site Restricted.
1.No cannabis cultivation permittee shall open their cultivation site to the public.
2.No cannabis cultivation permittee shall allow anyone on the cultivation site, except
for managers, staff, and other persons with a bona fide business or regulatory purpose for
being there, such as contractors, inspectors, and cannabis transporters.
3.A manager must be on the cultivation site at all times that any other person, except
for security guards, is on the site.
4.While on the cultivation site, managers and staff of the cannabis cultivation
permittee must wear their cannabis cultivation identification badge, issued by the city, at
all times.
5.Any person other than managers or staff who are on the cultivation site must sign
in, wear a visitor badge, and be escorted on the site by a manager at all times.
G. The cannabis cultivation shall not be upon any premises located within 1,000 feet of any
school, community center, or park.
N. Juveniles Prohibited. No juvenile shall be on the cultivation site or operate a cannabis
cultivation business in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
O. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cultivation site.
P.Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the cultivation site.
Q. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage
on the cultivation site.
R.There shall be a limited exemption from enforcement for violations of this ordinance by
primary caregivers and qualified patients for small amounts of cannabis cultivation for their own
medical use in all residential zone classifications when all of the following conditions and
standards are complied with:
1. The premises shall contain a legally permitted single-family dwelling.
2. Cultivation of no more than twelve (12) cannabis plants. In the event a qualified patient
has a primary caregiver cultivating cannabis plants for the qualified patient, only one
primary caregiver may cultivate no more than twelve (12) cannabis plants for that qualified
patient at any one time. In no circumstances shall a qualified patient have multiple primary
caregivers cultivating cannabis plants for the qualified patient at the same time.
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3. Two (2) qualified patient limit to aggregate cannabis plant count for a maximum total of
twenty-four (24) cannabis plants per premises.
4. At least one qualified patient or one primary caregiver must live on the premises.
5. All cannabis plants must be reasonably secured to prevent access by minors or theft,
to a standard satisfactory to the enforcement officer.
6. All cannabis cultivation outside of any building must be fully enclosed by an opaque
fence at least six feet in height. The fence must be adequately secure to prevent
unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not
constitute an adequate fence under this subsection. Premises larger than five (5) acres
are exempt from this fencing provision so long as all other standards and conditions of
subsection a. of this section are complied with and any barriers used are otherwise
consistent with the Municipal Code.
7. Each building or outdoor area in which the cannabis plants are cultivated shall be set
back at least ten feet from all boundaries of the premises. Such setback distance shall be
measured in a straight line from the building in which the cannabis plants are cultivated,
or, if the cannabis plants are cultivated in an outdoor area, from the fence required by
subsection 6 to the boundary line of the premises.
8. The designated cannabis cultivation area must not be visible from any public right-of-
way.
9. If the person cultivating cannabis plants on any premises is not the owner of the
premises, such person shall submit a letter from the owner(s) consenting to the cannabis
cultivation on the parcel. This letter shall be examined by the enforcement officer, and
shall then be returned to the submitter. The County shall prescribe forms for such letters.
10. Parolees or probationers shall not live on the premises unless the parolees or
probationers have received confirmation from the court that he is allowed to use medical
cannabis while on parole or probation pursuant to Health & Safety Code section
11362.795 which shall be subject to verification by the enforcement officer.
11. Qualified patients for whom the cannabis plants are being cultivated shall have valid
Medical cannabis Identification Cards issued by the Riverside County Department of
Public Health. Any primary caregiver cultivating cannabis plants for a qualified patient shall
have a copy of the qualified patient’s valid Medical cannabis Identification Card issued by
the Riverside County Department of Public Health which shall be kept on the premises.
12. The address for the premises must be posted and plainly visible from the public right-
of-way.
13. The cannabis cultivation shall not be within a multi-dwelling building.
14. The cannabis cultivation shall not be upon any premises located within one thousand
(1,000) feet of any school, community center, or park.
15. The cannabis cultivation shall not be upon any premises containing a child care center,
church, or youth-oriented facility.
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S.There shall be a limited exemption from enforcement for violations of this ordinance by
authorized persons for small amounts of cannabis cultivation for their own recreational use in all
residential zone classifications when all of the following conditions and standards are complied
with:
1. The premises shall contain a legally permitted single-family dwelling.
2. Cultivation of no more than six (6) cannabis plants per dwelling.
3. All cannabis plants must be reasonably secured to prevent access by minors or theft,
to a standard satisfactory to the enforcement officer.
4. All cannabis cultivation outside of any building must be fully enclosed by an opaque
fence at least six feet in height. The fence must be adequately secure to prevent
unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not
constitute an adequate fence under this subsection. Premises larger than five (5) acres
are exempt from this fencing provision so long as all other standards and conditions of
subsection a. of this section are complied with and any barriers used are otherwise
consistent with the Municipal Code.
5. Each building or outdoor area in which the cannabis plants are cultivated shall be set
back at least ten feet from all boundaries of the premises. Such setback distance shall be
measured in a straight line from the building in which the cannabis plants are cultivated,
or, if the cannabis plants are cultivated in an outdoor area, from the fence required by
subsection 6 to the boundary line of the premises.
6. The designated cannabis cultivation area must not be visible from any public right-of-
way.
7. If the person cultivating cannabis plants on any premises is not the owner of the
premises, such person shall submit a letter from the owner(s) consenting to the cannabis
cultivation on the parcel. This letter shall be examined by the enforcement officer, and
shall then be returned to the submitter. The County shall prescribe forms for such letters.
8. Parolees or probationers shall not live on the premises unless the parolees or
probationers have received confirmation from the court that he is allowed to use medical
cannabis while on parole or probation pursuant to Health & Safety Code section
11362.795 which shall be subject to verification by the enforcement officer.
9. The address for the premises must be posted and plainly visible from the public right-
of-way.
10. The cannabis cultivation shall not be within a multi-dwelling building.
11. The cannabis cultivation shall not be upon any premises located within 1,000 feet of
any school, community center, or park.
12. The cannabis cultivation shall not be upon any premises containing a child care center,
church, or youth-oriented facility.
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17.156.080 Cannabis Manufacturing
A.Permitted Locations. Cannabis manufacturing facilities shall only be located in the M-2
zone district.
B.Permits Required. Cannabis manufacturing facilities shall obtain a City-issued conditional
use permit, building permit and the issuance of a certificate of occupancy prior to the
establishment of the use.
C.Cannabis Business Permit. Cannabis manufacturing facilities shall obtain a City-issued
cannabis business permit, building permit and the issuance of a certificate of occupancy prior to
the establishment of the use.
D.The cannabis business permittee shall submit to the City a financial report on a yearly
basis detailing the gross proceeds of the business.
E.Interior Only. Cannabis manufacturing shall be conducted only in the interior of fully
enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the
purpose and intent of this chapter. No cannabis manufacturing shall be visible from any public
right-of-way.
F.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited
G.Operational Requirements.
1.Manufacturers are limited to certain equipment, methods, solvents, gases and
mediums when creating medical cannabis extracts.
2.Manufacturing Facilities with a state license of a Type-6 (non-volatile) or a Type 7
(volatile) classification may be allowed to operate under this chapter.
3.All equipment, systems and manufacturing processes must meet or exceed all
applicable state and federal requirements and regulations regarding air, water, health and
safety, and handling, processing and storage of hazardous materials, solvents, gases and
waste. No manufacturing facility shall commence operations or be issued any form of
certificate of occupancy without first obtaining all required fire, environmental, health and
safety, planning, and building certificates, permits and approvals required under the City’s
Municipal Code and all other applicable county, state and federal regulations.
4.Manufacturers shall not use any Class I or Class II solvents, as those terms are
defined in Federal Drug Administration Guidance, Table I, published in the Federal
Register on December 24, 1997 (62 FR 67377), for extraction.
5.Manufacturers shall not use butanes, ethanol, carbon dioxide, propane, heptane
or other solvents exhibiting low to minimal potential human health-related toxicity for
extraction, or other methods approved by the State of California.
6.All extraction manufacturing using hydrocarbons shall be conducted with a
professionally certified closed loop extraction system conforming to current American
Society of Mechanical Engineers (“ASME”) standards and ratings for pressure vessels
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and shall be operated in an environment with proper ventilation, controlling all sources of
ignition where a flammable atmosphere is or may be present.
7.All extraction manufacturing using CO2 shall be conducted in a professionally
certified CO2 based extraction system conforming to current ASME standards and ratings
for pressure vessels with a pressure rating at all points being at or above 600 pounds per
square inch, and shall be operated in an environment with proper ventilation.
8.All other methods of extraction shall be conducted in an environment appropriate
to the solvent being used, with consideration to proper ventilation and ignition source
controls.
9.All equipment, systems and manufacturing processes must meet or exceed all
applicable state and federal requirements and regulations regarding air, water, health and
safety, and handling, processing and storage of hazardous materials, solvents, gases and
waste. No manufacturing facility shall commence operations or be issued any form of
certificate of occupancy without first obtaining all required fire, environmental, health and
safety, planning, and building certificates, permits and approvals required under City’s
Municipal Code and all other applicable county, state and federal regulations.
10.Manufacturers may use heat, screens, presses, steam distillation, ice water, and
other methods of extraction without employing solvents or gases to create kief, hashish,
bubble hash, or vegetable oils or fats derived from natural sources, and other extracts.
11.Manufacturers using extract to create ingestible products shall only use food-grade
ingredients.
H.Ph.D Chemist. As a condition of obtaining a City-issued medical cannabis regulatory
permit and Conditional Use Permit, a cannabis business permittee of a manufacturing facility
desiring to operate under this chapter shall first verify that the cannabis business permittee
employs or contracts with a person who has a Ph.D in chemical sciences or related field of study
and who shall supervise the design, installation and operation of the facility’s systems and
manufacturing processes. Such person shall inspect the premises on a quarterly basis and
provide such inspection report to the City. The cannabis business permittee shall submit to the
City a written statement that he or she certifies under penalty of perjury that the name of the
employee/contractor is true and correct. The employee/contractor shall also submit a written
statement that he or she certifies under penalty of perjury his or her educational qualifications and
verifying that the supervisor is employed or contracted to supervise the design, installation and
operation of the facility’s systems and manufacturing processes.
I.State Regulations. In the event the State of California implements health and safety
regulations applicable to medical cannabis manufacturing facilities, upon implementation of such
State regulations, all medical cannabis manufacturing facilities operators shall immediately
implement the State regulations. Should there be a conflict between the provisions of this chapter
and the State regulations, the State regulations shall control.
J. Site Security. Each site security plan approved by the Sheriff’s Department must include
the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the site, the
parking lot, loading areas, and all exterior sides of the property adjacent to the public rights
17
of way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The recording
system must be capable of exporting the recorded video in standard MPEG formats to
another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the city upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
K. Cannabis Business Permit. The cannabis manufacturing permittee shall display its current
valid cannabis business permit issued in accordance with this chapter inside the lobby or waiting
area of the main entrance to the manufacturing site. The permit shall be displayed at all times in
a conspicuous place so that it may be readily seen by all persons entering the manufacturing site.
L. Signs. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site
signs that state the following:
1.“This site is not open to the public.”
2.”Retail sales of any goods and services is prohibited.”
3.“Juveniles are prohibited from entering this site.”
4.“Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited.”
Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the laboratory site.
M.Manufacturing Facility Restricted.
1.No cannabis manufacturing permittee shall open their facility to the public.
2.No cannabis manufacturing permittee shall allow anyone on the manufacturing
site, except for managers, staff, and other persons with a bona fide business or regulatory
purpose for being there, such as contractors, inspectors, and cannabis transporters.
3.A manager must be on the facility site at all times that any other person, except for
security guards, is on the site.
4.While on the manufacturing site, managers and staff of the cannabis testing
laboratory permittee must wear their cannabis testing identification badge, issued by the
city, at all times.
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5.Any person other than managers or staff who are on the manufacturing site must
sign in, wear a visitor badge, and be escorted on the site by a manager at all times.
O. Juveniles Prohibited. No juvenile shall be on the manufacturing site or operate a cannabis
testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
P. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cannabis manufacturing site.
Q. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the site.
R. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage
on the site.
17.156.090 Cannabis Testing Laboratory
A.Permitted Locations. Cannabis testing laboratories shall only be located in the M-2 zoning
district.
B.Permits Required. Cannabis testing laboratories shall obtain a City-issued conditional use
permit, building permit and certificate of occupancy prior to the establishment of the use.
C.Cannabis Business Permit. Cannabistesting laboratories shall obtain a cannabis business
permit, building permit and the issuance of a certificate occupancy prior to the establishment of
the use.
D.Yearly Reporting. The cannabis business permittee shall submit to the City a financial
report on a yearly basis detailing the gross proceeds of the business.
C.Interior Only. Cannabis manufacturing shall be conducted only in the interior of fully
enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the
purpose and intent of this chapter. No cannabis manufacturing shall be visible from any public
right-of-way.
E. Operational Requirements. A cannabis testing laboratory site shall comply with the
following requirements:
1.Entrances. All entrances into the buildings on the laboratory site shall be locked at
all times with entry controlled by the cannabis testing laboratory permittee’s managers and
staff.
2.Main entrance and lobby. The laboratory site shall have a building with a main
entrance that is clearly visible from the public street or sidewalk. The main entrance shall
be maintained clear of barriers, landscaping, and other obstructions. Inside of the main
entrance, there shall be a lobby to receive persons into the site and to verify whether they
are allowed in the testing areas.
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3. Testing area. All testing areas in any building on the laboratory site shall be
separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis testing laboratory permittee.
4.Transport area. Each building with a testing area shall have an area designed for
the secure transfer of cannabis from a vehicle to the testing area.
5.Storage area. Each building with a testing area shall have adequate storage space
for cannabis that has been tested or is waiting to be tested. The storage areas shall be
separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis testing laboratory permittee.
F. Site Security. Each laboratory site security plan approved by the Sheriff’s Department
must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the laboratory
site, the parking lot, loading areas, and all exterior sides of the property adjacent to the
public rights of way. The cameras and recording system must be of adequate quality, color
rendition, and resolution to allow the identification of any individual present on the
laboratory site. The recording system must be capable of exporting the recorded video in
standard MPEG formats to another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the city upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
G. Cannabis Business Permit. The cannabis testing laboratory permittee shall display its
current valid cannabis business permit issued in accordance with this chapter inside the lobby or
waiting area of the main entrance to the laboratory site. The permit shall be displayed at all times
in a conspicuous place so that it may be readily seen by all persons entering the laboratory site.
H. Signs. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site
signs that state the following:
1.“This site is not open to the public.”
2.”Retail sales of any goods and services is prohibited.”
3.“Juveniles are prohibited from entering this site.”
4.“Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited.”
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Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the laboratory site.
I.Laboratory Site Restricted.
1.No cannabis testing laboratory permittee shall open their laboratory site to the
public.
2.No cannabis testing laboratory permittee shall allow anyone on the laboratory site,
except for managers, staff, and other persons with a bona fide business or regulatory
purpose for being there, such as contractors, inspectors, and cannabis transporters.
3.A manager must be on the laboratory site at all times that, any other person, except
for security guards, is on the site.
4.While on the laboratory site, managers and staff of the cannabis testing laboratory
permittee must wear their cannabis testing identification badge, issued by the city, at all
times.
5.Any person other than managers or staff who are on the laboratory site must sign
in, wear a visitor badge, and be escorted on the site by a manager at all times.
J. Juveniles Prohibited. No juvenile shall be on the laboratory site or operate a cannabis
testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
K. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cannabis testing laboratory site.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the laboratory site.
M. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage
on the laboratory site.
17.156.100 Enforcement.
Violations of this chapter shall be considered a public nuisance, and may be enforced according
to the procedures set forth in Chapter 8.18 and by the enforcement remedies conferred upon the
City by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section
38773, or other lawful authority. Nothing in this provision is intended to impair any viable legal
defense to a person using or in possession of medical cannabis pursuant to the CUA, the MMPA,
the MMRSA, and the AMUA as may be amended from time to time.
17.156.110 M-2 Zone.
Should there be a conflict between the provisions of this chapter and LEMC Chapter 17.140, this
chapter shall control.
SECTION 5. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
21
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions
might subsequently be declared invalid or unconstitutional.
SECTION 6.This Ordinance shall take effect thirty (30) days after the date of its final passage.
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.
INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on
the day of , 2017, and ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on the ____ day of ________, 2017.
___________________________________
Mayor Robert Magee
City of Lake Elsinore City Council
ATTEST:
______________________________
Susan Domen, MMC, City Clerk
1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 17,
CHAPTER 17.156, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION
OF MEDICAL CANNABIS DISPENSARIES AND CULTIVATION
Whereas,Chapter 17.156 (Medical Cannabis Dispensaries) of the Lake Elsinore Municipal Code
(“LEMC”) sets forth the prohibition of medical Cannabis Dispensaries within the City; and
Whereas, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the
City of Lake Elsinore has determined that it can be seen with certainty that there is no possibility
that adoption of Municipal Code Amendment No. 2017-01 may have a significant effect on the
environment; and therefore the zoning code amendment is exempt from CEQA; and
Whereas, on November 7, 2017, at a duly noticed public hearing the Planning Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item; and made its recommendation in favor of Municipal Code
Amendment No. 2017-01 by adopting Planning Commission Resolution No. 2017-XX
recommending to the City Council approval of Municipal Code Amendment No. 2017-01; and
Whereas, on November 14, 2017, at a duly noticed public hearing, the City Council has
considered the recommendation of the Planning 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 ORDAIN
AS FOLLOWS:
Section 1.The City Council has reviewed and analyzed the proposed zone changes pursuant to
the California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore
General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed
zone changes 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 Lake Elsinore Municipal
Code.
Section 2.The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. Therefore, no environmental assessment is required or
necessary.
Section 3.That in accordance with the State Planning and Zoning Law, the City Council
hereby makes the following findings for the approval of Municipal Code Amendment No. 2017-
01:
1.The proposed zoning code amendments 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.
2
The proposed zoning code amendments have been analyzed relative to their potential to
have detrimental effects and it has been determined that the proposed amendments have
no negative impact upon the public’s health, safety, comfort and general welfare because
the amendments will provide additional regulation of medical and recreational cannabis
within the City.
2.The proposed zoning code amendments are consistent with the Goals, Policies
and Implementation Programs of the General Plan and the development standards
established with the LEMC.
The proposed zoning code amendments do not create new zoning districts, remove
existing zoning districts or otherwise modify land use requirements. The proposed zoning
code amendments do not affect the density or intensity of uses and will not interfere with
the implementation of the goals, policies and implementation programs of the General
Plan.
Section 4.Chapter 17.156 of the Lake Elsinore Municipal Code is hereby amended and replaced
in its entirety to read as follows:
Chapter 17.156
CANNABIS USES
Sections:
17.156.010 Purpose and Intent
17.156.020 Interpretation and Applicability
17.156.030 Definitions
17.156.040 Cannabis Business Permit
17.156.050 Cannabis Dispensaries
17.156.060 Cannabis Distribution
17.156.070 Cannabis Cultivation
17.156.080 Cannabis Manufacturing
17.156.090 Cannabis Testing Laboratory
17.156.100 Enforcement
17.156.110 M-1 and M-2 District Zones
17.156.010 Purpose and intent.
The purpose and intent of this chapter is to regulate the dispensing, cultivation, processing,
manufacturing, testing and distribution of medical and recreational cannabis in a manner that
protects the public health, safety and welfare of the City and mitigates the costs to the community
of the oversight of these activities.
Nothing in this chapter shall be construed to: allow persons to engage in conduct that endangers
others or causes a public nuisance; or allow any activity relating to the cultivation, manufacturing,
testing, distribution or consumption of cannabis that is otherwise illegal under California law.
17.156.020 Interpretation and applicability.
Operation of cannabis facilities within the City shall be permitted upon the application and
approval of both a City-issued conditional use permit pertaining to the location of the facility in
3
accordance with the criteria and procedures set forth in this Ordinance and the City’s Municipal
Code, upon application and subject to such additional regulations as may be promulgated
pursuant to this chapter.
A.The cultivation, processing, and distribution of cannabis in the City is controlled by the
provisions of this chapter.
B.Nothing in this chapter is intended, nor shall it be construed, to burden any defense to
criminal prosecution otherwise afforded by California law.
C.Nothing in this chapter is intended, nor shall it be construed, to preclude a landlord from
limiting or prohibiting cannabis cultivation, consumption, processing, and distribution or other
related activities by tenants.
D.Nothing in this chapter is intended, nor shall it be construed, to exempt any cannabis-
related activity from any applicable local or State construction, environmental, electrical,
plumbing, land use, labor or employment laws or any other building or land use standards or
permitting requirements.
E.Nothing is this chapter is intended, nor shall it be construed, to make legal any sale,
cultivation, transportation, manufacture, or other use of cannabis that is otherwise prohibited or
non-compliant under California law, as amended from time to time.
F.All medical cannabis cultivation, dispensaries, distribution, testing, and manufacturing
facilities and/or recreational cannabis cultivation, dispensaries, distribution, testing, and
manufacturing facilities within City limits shall be subject to the provisions of this chapter,
regardless of whether the use existed or occurred prior to adoption of this chapter.
17.156.030 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them in this
section. Any reference to California statutes includes any regulations promulgated thereunder
and is deemed to include any successor or amended version of the referenced statute or
regulatory provision. Words and phrases not specifically defined in this chapter shall have the
meanings ascribed to them by the following sources:
A.The CUA of 1996 (California Health and Safety Code Section 11362.5), and as may be
amended from time to time;
B.The MMPA (California Health and Safety Code Sections 11362.7 through 11362.83);
C.The MMRSA (California Business and Professions Code Sections 19300 through 19355)
as may be amended from time to time;
D.The AMUA (Proposition 64, The Adult Use of cannabis Act).
“Cannabis” has the same meaning as in California Health, Safety Code Section 11018 and
Proposition 64, Cannabis Legalization as may be amended from time to time. For the purpose of
this chapter, “cannabis” does not mean industrial hemp as that term is defined by Section 81000
of the California Food and Agricultural Code or Section 11018.5 of the California Health and
Safety Code.
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“Cannabis business” means any use that conducts medical cannabis cultivation, dispensaries,
distribution, testing, and manufacturing facilities and/or recreational cannabis cultivation,
dispensaries, distribution, testing, and manufacturing facilities.
“Cannabis business permit” means a specific permit required for any commercial operation of any
cannabis oriented business subject to the approval of a conditional use permit.
“Cannabis cultivation” means the planting, growing, harvesting, drying or processing of any
cannabis plants or any part thereof, for medical use consistent with the Compassionate Use Act
(California Health and Safety Code Section 11362.5), the Medical Cannabis Program Act
(California Health and Safety Code Section 11362.7 et seq.), and Proposition 64, Cannabis
Legalization.
“Cannabis dispensary” means any facility or location where medical cannabis or recreational
cannabis is made available to or distributed by or distributed to one (1) or more individuals
operating in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may be
amended from time to time, and subject to the provisions of this chapter and the City’s Municipal
Code.
“Cannabis distribution facility” means any facility or location, the primary function of which is the
procurement, sale, and/or transport of medical cannabis and/or recreational cannabis products
between entities operating in strict accordance with the CUA, the MMPA, the MMRSA, and the
AMUA as may be amended from time to time, and subject to the provisions of this chapter and
the City’s Municipal Code.
“Cannabis manufacturing facility” means a facility where the production of medical cannabis or
recreational cannabis concentrate, and/or the preparation, propagation, or compounding of
manufactured medical cannabis, either directly or indirectly or by extraction methods or
independently by means of chemical synthesis, or the packaging or repackaging of medical
cannabis or medical cannabis products, or the labeling or relabeling of its containers, occurs,
provided the facility holds a valid condition use permit, and a development agreement if
applicable, all issued in accordance with this chapter and the City’s Municipal Code, and operating
in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may be amended
from time to time, and subject to the provisions of this chapter and the City’s Municipal Code.
“Cannabis laboratories” means a facility for testing, analysis, and/or research. Similar types of lab
uses include medical labs, soils, materials testing labs, and forensic labs. Laboratories are a
necessary component of the cannabis licensing scheme because testing is required to be done
on each cannabis crop to determine constituents such as cannabinols (CBD’s),
tetrahydrocannabinol (THC), pesticide residuals, mold, and fungus.
"Gross proceeds" means the value proceeding or accruing from the sale of tangible property
and/or for other services rendered, without any deduction on account of the cost of property sold,
the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other
expense whatsoever paid or accrued and without any deduction on account of losses.
“Indoor” means any location within the City that is within a fully enclosed, occupied (as defined in
this section) dwelling, dwelling unit or housing unit.
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“Occupied” means currently, presently, and lawfully utilized in accordance with an issued
certificate of occupancy.
“Outdoor” means any location within the City that is not within a fully enclosed, occupied (as
defined in this section) dwelling, dwelling unit or housing unit.
“Parcel” means any parcel of real property that may be separately sold in compliance with the
Subdivision Map Act (California Government Code Section 66410 et seq.).
“School” means any educational facility which primarily provides educational services to
individuals under the age of 18.
17.156.040 Cannabis Business Permit.
A.Except as otherwise set forth in this chapter, it shall be unlawful for any person or entity
to operate, in or upon any property, a cannabis business without first obtaining all required State
licenses and a business license or permits issued by the City. Each State license type available
in the MMRSA or AMUA is eligible to apply for a cannabis business permit. Unless otherwise set
forth in this chapter, no person shall engage in a cannabis business without possessing all
applicable State licenses and all applicable City permits and licenses. Revocation of a State
license shall constitute grounds for the City to suspend or revoke any permit or license issued by
the City.
B.A cannabis business permittees must at all times maintain liability insurance having
aggregate policy limits in an amount not less than $1,000,000.
C.The City may impose an annual cannabis business permit fee at a rate set by a City
Council resolution.
D.All cannabis business permittees shall be subject to an annual regulatory inspection by
the City to insure compliance with all of the applicable provisions of this chapter.
E.It shall be unlawful for the owner of a building to allow the use of any portion of a building
by a cannabis business unless the tenant has a valid cannabis business permit, or has applied
for and not been denied, a cannabis business permit. Each owner of a building whose tenant is a
cannabis business permit applicant shall execute an acknowledgement that the applicant has the
owner's permission and consent to operate a cannabis business at the subject property.
F.The City shall issue a maximum of five (5) cannabis business permits within the M-1 zone
district and a maximum of five (5) cannabis Business Permits within the M-2 zone district. In the
event that the City has issued the maximum number of cannabis business permits as provided
herein, a cannabis business permit applicant may elect to submit an application with a request for
a finding of public convenience that an additional permit should be issued in excess of the
maximum number as provided herein. Such request shall include a statement by the applicant
demonstrating how the public convenience will be served by issuance of additional cannabis
business permits.
The following criteria will be considered by City’s Director of Community Development in
evaluating the applicant’s request for a determination of public convenience.
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Identify the special and unusual circumstances present to justify a new cannabis business
when similar businesses exist nearby, or how it will provide a needed service not currently
being met.
Prove/demonstrate how the economic benefit of the cannabis business outweighs
potential negative impacts to the community as a whole.
Demonstrate reasonable efforts to seek community input on the proposed cannabis
business.
The Director of Community Development may request additional information in making a public
convenience determination.
The Director of Community Development may refuse to make a determination of public
convenience if any of the following instances occur:
The proposed use is to be located in an existing targeted law enforcement area as
documented by specific and abnormally high general health and safety indicators that
have some nexus with alcohol use or substance abuse.
The proposed use is within a crime reporting area that exhibits an excess amount of
alcohol or substance abuse related crimes, greater than a 20% increase of the reported
crimes from the previous year.
The proposed use is inconsistent with the direction and policies set forth by the City of
Lake Elsinore City Council.
17.156.050 Cannabis Dispensaries.
A.Permitted Locations. Medical Cannabis dispensaries shall only be located in the M-1 or
M-2 zoning districts.
B.Cannabis dispensaries shall be permitted as an accessory use to either a cannabis
cultivation facility or cannabis manufacturing facility. In no case shall either the gross floor area of
the dispensary exceed 25% of the total area of the business or 50% of gross proceeds of the
business.
C.Permits required. Dispensaries shall only be permitted when either a cannabis cultivation
facility or cannabis manufacturing facility has obtained a valid City issued conditional use permit,
building permit and the issuance of certificate of occupancy.
D.Cannabis Business Permit. Cannabis dispensaries shall only be permitted when either a
cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City issued
cannabis business permit.
E.The cannabis business permittee cannabis business permittee shall submit to the City a
financial report on a yearly basis detailing the gross proceeds of the business.
F. Storage. A cannabis dispensary shall have adequate locked storage on the dispensary
property, identified and approved as a part of the security plan, for after-hours storage of medical
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cannabis. Cannabis shall be stored at the dispensary property in secured rooms that are
completely enclosed or in a safe that is bolted to the floor.
G. Site Security. Each dispensary site security plan approved by the Sheriff’s Department
must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the site, the
parking lot, loading areas, and all exterior sides of the property adjacent to the public rights
of way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The recording
system must be capable of exporting the recorded video in standard MPEG formats to
another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the City upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
H. Cannabis Business Permit. The dispensary permittee shall display its current valid
cannabis business permit issued in accordance with this chapter inside the lobby or waiting area
of the main entrance to the dispensary site. The permit shall be displayed at all times in a
conspicuous place so that it may be readily seen by all persons entering the dispensary site.
I. Signs. The following signs in measurements of not less than 8 by 10 inches shall be clearly
and legibly posted in a conspicuous location inside the cannabis dispensary where they will be
visible to members and customers in the normal course of a transaction, stating:
1.“Smoking, ingesting or consuming cannabis on this property or within 20 feet of
the dispensary is prohibited.”
2. “Juveniles are prohibited from entering this property unless they are a qualified
patient or a primary caregiver and they are in the presence of their parent or legal
guardian.”
3.“Neither the City of Lake Elsinore, nor any other governmental agency has tested
or inspected any cannabis product for pesticides, or other regulated contaminants,
distributed at this location.”
4.Signs on the medical cannabis dispensary building shall not obstruct the entrance
or windows of the dispensary.
I.Dispensary Site Restricted.
1.All entrances into a cannabis dispensary’s building shall be locked from the
exterior at all times with entry controlled by dispensary personnel.
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2.A manager must be on the cannabis dispensary site at all times that, any other
person, except for security guards, is on the site.
3.While on the cannabis dispensary site, managers and staff of the cannabis
dispensary permittee must wear their City-issued cannabis dispensary identification
badge at all times.
4.Any person other than managers or staff shall be escorted by a manager at all
times while in the medical cannabis dispensary building.
J. Juveniles Prohibited. No juvenile shall be on the dispensary site or operate a cannabis
dispensary in any capacity, including, but not limited to, as a manager, staff, employee, contractor,
or volunteer.
K. Delivery Prohibited. A cannabis dispensary shall not provide any form of delivery service.
All distribution of cannabis must be conducted within the enclosed building areas of the
dispensary property.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the dispensary site.
M. Alcohol Prohibited. No medical cannabis dispensary or manager shall cause or permit the
sale, distribution, or consumption of alcoholic beverages on the dispensary property; hold or
maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages; or operate a business on or adjacent to the dispensary property that sells alcoholic
beverages. No alcoholic beverages shall be allowed or stored on the dispensary property.
N. Criminal History. No cannabis dispensary permittee or manager of a dispensary shall
operate a dispensary if he or she has been convicted of a felony, or is currently on parole or
probation for the sale or distribution of a controlled substance. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate
a dispensary solely on the basis that the person has been convicted of a felony if the person has
obtained a certificate of rehabilitation (expungement of felony record) under California law or
similar federal statute or state law under which the expungement was granted
O. Hours of Operation. The maximum hours of operation for a medical cannabis dispensary
shall be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been imposed
as a condition of the cannabis business permit or conditional use permit.
17.156.060 Cannabis Distribution
A.Permitted Locations. Cannabis distribution shall only be located in the M-1 or M-2 zoning
districts.
B.Limitation of Use. Cannabis distribution shall be permitted as an accessory use to either
a cannabis cultivation facility or cannabis manufacturing facility. In no case shall either the gross
floor area of the dispensary exceed 25% of the total area of the business or 50% of gross
proceeds of the business.
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C.Permits Required. Cannabis distribution shall only be permitted when either a cannabis
cultivation facility or cannabis manufacturing facility has obtained a valid conditional use permit,
building permit and issuance of a certificate of occupancy.
D.Cannabis Business Permit. Cannabis distribution shall only be permitted when either a
cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City issued
cannabis business permit.
D.Yearly Reporting. The cannabis business permittee shall submit to the City a financial
report on a yearly basis detailing the gross proceeds of the business.
F. Storage. A cannabis distribution facility shall have adequate locked storage on the
dispensary property, identified and approved as a part of the security plan, for after-hours storage
of cannabis. Cannabis shall be stored at the dispensary property in secured rooms that are
completely enclosed or in a safe that is bolted to the floor.
G. Site Security. Each distribution site security plan approved by the Sheriff’s Department
must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the site, the
parking lot, loading areas, and all exterior sides of the property adjacent to the public rights
of way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The recording
system must be capable of exporting the recorded video in standard MPEG formats to
another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the City upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
H. Cannabis Business Permit. The distribution permittee shall display its current valid
cannabis business permit issued in accordance with this chapter inside the lobby or waiting area
of the main entrance to the distribution site. The permit shall be displayed at all times in a
conspicuous place so that all persons entering the site may readily see it.
I. Signs. The following signs in measurements of not less than 8 by 10 inches shall be clearly
and legibly posted in a conspicuous location inside the cannabis distribution site where they will
be visible to members and customers in the normal course of a transaction, stating:
1.“Smoking, ingesting or consuming cannabis on this property or within 20 feet of
the dispensary is prohibited.”
2. “Juveniles are prohibited from entering this property unless they are a qualified
patient or a primary caregiver and they are in the presence of their parent or legal
guardian.”
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3.“Neither the City of Lake Elsinore, nor any other governmental agency has tested
or inspected any cannabis product for pesticides, or other regulated contaminants,
distributed at this location.”
4.Signs on the medical cannabis dispensary building shall not obstruct the entrance
or windows of the dispensary.
J.Distribution Facility Site Restricted.
1.All entrances into a cannabis dispensary’s building shall be locked from the
exterior at all times with entry controlled by dispensary personnel.
2.No cannabis dispensary permittee shall allow anyone in the dispensary building,
except for qualified patients, primary caregivers, persons with identification cards,
managers, staff, and other persons with bona fide purposes for being in the dispensary,
such as contractors, inspectors, and cannabis transporters.
3.A manager must be on the cannabis dispensary site at all times that, any other
person, except for security guards, is on the site.
4.While on the cannabis dispensary site, managers and staff of the medical cannabis
dispensary permitee must wear their City-issued cannabis dispensary identification badge
at all times.
5.Any person other than managers or staff shall be escorted by a manager at all
times while in the medical cannabis dispensary building.
K. Juveniles Prohibited. No juvenile shall be on the distribution site or operate a cannabis
testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the site.
M. Alcohol Prohibited. No cannabis distribution permittee or manager shall cause or permit
the sale, distribution, or consumption of alcoholic beverages on the dispensary property; hold or
maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages; or operate a business on or adjacent to the dispensary property that sells alcoholic
beverages. No alcoholic beverages shall be allowed or stored on the dispensary property.
N. Criminal History. No cannabis distribution permittee or manager of a dispensary shall
operate a dispensary if he or she has been convicted of a felony, or is currently on parole or
probation for the sale or distribution of a controlled substance. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate
a distribution facility solely on the basis that the person has been convicted of a felony if the
person has obtained a certificate of rehabilitation (expungement of felony record) under California
law or similar federal statute or state law under which the expungement was granted
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O. Hours of Operation. The maximum hours of operation for a medical cannabis distribution
facility shall be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been
imposed as a condition of the cannabis business permit or conditional use permit.
17.156.070 Cannabis Cultivation.
A.No person owning, renting, leasing, occupying or having charge or possession of any
parcel shall cause or allow such parcel to be used for the outdoor cultivation of any Cannabis
plant.
B. Cannabis Cultivation shall be limited to interior areas. No person owning, renting, leasing,
occupying, or having charge or possession of any parcel shall cause or allow indoor cultivation of
Cannabis on such parcel to be visible from any street, sidewalk, or other place freely accessible
by the public.
C. Permitted Locations. Cannabis cultivation facilities involving the cultivation of mature
flowering cannabis plants shall only be located in the M-1 or M-2 zoning districts in the City.
D.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited.
E.Permits Required. Cannabis cultivation facilities shall obtain a City-issued conditional use
permit, building and the issuance of a certificate of occupancy prior to the establishment of the
use.
F.Cannabis Business Permit. Cultivators shall obtain a valid City issued cannabis business
permit.
G.The cannabis business permittee shall submit to the City a financial report on a yearly
basis detailing the gross proceeds of the business.
H. Cultivation Site Buildings. A cultivation site shall comply with the following requirements:
1.Entrances. All entrances into the buildings on the cultivation site shall be locked at
all times with entry controlled by the cannabis cultivation permitee’s managers and staff.
2.Main entrance and lobby. The cultivation site shall have a building with a main
entrance that is clearly visible from the public street or sidewalk. The main entrance shall
be maintained clear of barriers, landscaping, and other obstructions. Inside of the main
entrance, there shall be a lobby to receive persons into the site and to verify whether they
are allowed in the cultivation areas.
3.Cultivation area. All cultivation areas in any building on the cultivation site shall be
separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis cultivation permittee.
4.Transport area. Each building with a cultivation area shall have an area designed
for the secure transfer of cannabis from the cultivation area to a vehicle for transportation.
5.Storage area. Each building with a cultivation area shall have adequate storage
space for cannabis that has completed the cultivation process or is otherwise not being
cultivated. The storage areas shall be separated from the main entrance and lobby, and
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shall be secured by a lock accessible only to managers and staff of the cannabis cultivation
permittee.
I.Compliance with Building, Fire Code and Permitting Requirements. Any person(s)
cultivating cannabis with the use of grow lights, fans, ventilation devices or any other electrical or
mechanical equipment shall comply with all applicable building and fire code requirements
adopted by the City of Lake Elsinore, and shall obtain all permits required for such installation.
J. Cultivation Site Security. Each cultivation site security plan approved by the Sheriff’s
Department must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the cultivation
site, the parking lot, loading areas, and all exterior sides of the property adjacent to the
public rights of way. The cameras and recording system must be of adequate quality, color
rendition, and resolution to allow the identification of any individual present on the
cultivation site. The recording system must be capable of exporting the recorded video in
standard MPEG formats to another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the city upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
K.Display of Cannabis Cultivation Permit. The cannabis cultivation permittee shall display
its current valid cannabis cultivation permit issued in accordance with this chapter inside the lobby
or waiting area of the main entrance to the cultivation site. The permit shall be displayed at all
times in a conspicuous place so that it may be readily seen by all persons entering the cultivation
site.
L.Signs. A cannabis cultivation permittee shall post in the lobby of the cultivation site signs
that state the following:
1.“This site is not open to the public.”
2.“Retail sales of any goods and services is prohibited.”
3.“Juveniles are prohibited from entering this site.”
4.“Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited.”
Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the cultivation site.
M. Cultivation Site Restricted.
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1.No cannabis cultivation permittee shall open their cultivation site to the public.
2.No cannabis cultivation permittee shall allow anyone on the cultivation site, except
for managers, staff, and other persons with a bona fide business or regulatory purpose for
being there, such as contractors, inspectors, and cannabis transporters.
3.A manager must be on the cultivation site at all times that any other person, except
for security guards, is on the site.
4.While on the cultivation site, managers and staff of the cannabis cultivation
permittee must wear their cannabis cultivation identification badge, issued by the city, at
all times.
5.Any person other than managers or staff who are on the cultivation site must sign
in, wear a visitor badge, and be escorted on the site by a manager at all times.
G. The cannabis cultivation shall not be upon any premises located within 1,000 feet of any
school, community center, or park.
N. Juveniles Prohibited. No juvenile shall be on the cultivation site or operate a cannabis
cultivation business in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
O. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cultivation site.
P.Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the cultivation site.
Q. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage
on the cultivation site.
R.There shall be a limited exemption from enforcement for violations of this ordinance by
primary caregivers and qualified patients for small amounts of cannabis cultivation for their own
medical use in all residential zone classifications when all of the following conditions and
standards are complied with:
1. The premises shall contain a legally permitted single-family dwelling.
2. Cultivation of no more than twelve (12) cannabis plants. In the event a qualified patient
has a primary caregiver cultivating cannabis plants for the qualified patient, only one
primary caregiver may cultivate no more than twelve (12) cannabis plants for that qualified
patient at any one time. In no circumstances shall a qualified patient have multiple primary
caregivers cultivating cannabis plants for the qualified patient at the same time.
3. Two (2) qualified patient limit to aggregate cannabis plant count for a maximum total of
twenty-four (24) cannabis plants per premises.
4. At least one qualified patient or one primary caregiver must live on the premises.
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5. All cannabis plants must be reasonably secured to prevent access by minors or theft,
to a standard satisfactory to the enforcement officer.
6. All cannabis cultivation outside of any building must be fully enclosed by an opaque
fence at least six feet in height. The fence must be adequately secure to prevent
unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not
constitute an adequate fence under this subsection. Premises larger than five (5) acres
are exempt from this fencing provision so long as all other standards and conditions of
subsection a. of this section are complied with and any barriers used are otherwise
consistent with the Municipal Code.
7. Each building or outdoor area in which the cannabis plants are cultivated shall be set
back at least ten feet from all boundaries of the premises. Such setback distance shall be
measured in a straight line from the building in which the cannabis plants are cultivated,
or, if the cannabis plants are cultivated in an outdoor area, from the fence required by
subsection 6 to the boundary line of the premises.
8. The designated cannabis cultivation area must not be visible from any public right-of-
way.
9. If the person cultivating cannabis plants on any premises is not the owner of the
premises, such person shall submit a letter from the owner(s) consenting to the cannabis
cultivation on the parcel. This letter shall be examined by the enforcement officer, and
shall then be returned to the submitter. The County shall prescribe forms for such letters.
10. Parolees or probationers shall not live on the premises unless the parolees or
probationers have received confirmation from the court that he is allowed to use medical
cannabis while on parole or probation pursuant to Health & Safety Code section
11362.795 which shall be subject to verification by the enforcement officer.
11. Qualified patients for whom the cannabis plants are being cultivated shall have valid
Medical cannabis Identification Cards issued by the Riverside County Department of
Public Health. Any primary caregiver cultivating cannabis plants for a qualified patient shall
have a copy of the qualified patient’s valid Medical cannabis Identification Card issued by
the Riverside County Department of Public Health which shall be kept on the premises.
12. The address for the premises must be posted and plainly visible from the public right-
of-way.
13. The cannabis cultivation shall not be within a multi-dwelling building.
14. The cannabis cultivation shall not be upon any premises located within one thousand
(1,000) feet of any school, community center, or park.
15. The cannabis cultivation shall not be upon any premises containing a child care center,
church, or youth-oriented facility.
S.There shall be a limited exemption from enforcement for violations of this ordinance by
authorized persons for small amounts of cannabis cultivation for their own recreational use in all
residential zone classifications when all of the following conditions and standards are complied
with:
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1. The premises shall contain a legally permitted single-family dwelling.
2. Cultivation of no more than six (6) cannabis plants per dwelling.
3. All cannabis plants must be reasonably secured to prevent access by minors or theft,
to a standard satisfactory to the enforcement officer.
4. All cannabis cultivation outside of any building must be fully enclosed by an opaque
fence at least six feet in height. The fence must be adequately secure to prevent
unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not
constitute an adequate fence under this subsection. Premises larger than five (5) acres
are exempt from this fencing provision so long as all other standards and conditions of
subsection a. of this section are complied with and any barriers used are otherwise
consistent with the Municipal Code.
5. Each building or outdoor area in which the cannabis plants are cultivated shall be set
back at least ten feet from all boundaries of the premises. Such setback distance shall be
measured in a straight line from the building in which the cannabis plants are cultivated,
or, if the cannabis plants are cultivated in an outdoor area, from the fence required by
subsection 6 to the boundary line of the premises.
6. The designated cannabis cultivation area must not be visible from any public right-of-
way.
7. If the person cultivating cannabis plants on any premises is not the owner of the
premises, such person shall submit a letter from the owner(s) consenting to the cannabis
cultivation on the parcel. This letter shall be examined by the enforcement officer, and
shall then be returned to the submitter. The County shall prescribe forms for such letters.
8. Parolees or probationers shall not live on the premises unless the parolees or
probationers have received confirmation from the court that he is allowed to use medical
cannabis while on parole or probation pursuant to Health & Safety Code section
11362.795 which shall be subject to verification by the enforcement officer.
9. The address for the premises must be posted and plainly visible from the public right-
of-way.
10. The cannabis cultivation shall not be within a multi-dwelling building.
11. The cannabis cultivation shall not be upon any premises located within 1,000 feet of
any school, community center, or park.
12. The cannabis cultivation shall not be upon any premises containing a child care center,
church, or youth-oriented facility.
17.156.080 Cannabis Manufacturing
A.Permitted Locations. Cannabis manufacturing facilities shall only be located in the M-1 or
M-2 zoning districts.
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B.Permits Required. Cannabis manufacturing facilities shall obtain a City-issued conditional
use permit, building permit and the issuance of a certificate of occupancy prior to the
establishment of the use.
C.Cannabis Business Permit. Cannabis manufacturing facilities shall obtain a City-issued
cannabis business permit.
D.The cannabis business permittee shall submit to the City a financial report on a yearly
basis detailing the gross proceeds of the business.
E.Interior Only. Cannabis manufacturing shall be conducted only in the interior of fully
enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the
purpose and intent of this chapter. No cannabis manufacturing shall be visible from any public
right-of-way.
F.On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited
G.Operational Requirements.
1.Manufacturers are limited to certain equipment, methods, solvents, gases and
mediums when creating medical cannabis extracts.
2.Manufacturing Facilities with a state license of a Type-6 (non-volatile) or a Type 7
(volatile) classification may be allowed to operate under this chapter.
3.All equipment, systems and manufacturing processes must meet or exceed all
applicable state and federal requirements and regulations regarding air, water, health and
safety, and handling, processing and storage of hazardous materials, solvents, gases and
waste. No manufacturing facility shall commence operations or be issued any form of
certificate of occupancy without first obtaining all required fire, environmental, health and
safety, planning, and building certificates, permits and approvals required under the City’s
Municipal Code and all other applicable county, state and federal regulations.
4.Manufacturers shall not use any Class I or Class II solvents, as those terms are
defined in Federal Drug Administration Guidance, Table I, published in the Federal
Register on December 24, 1997 (62 FR 67377), for extraction.
5.Manufacturers shall not use butanes, ethanol, carbon dioxide, propane, heptane
or other solvents exhibiting low to minimal potential human health-related toxicity for
extraction, or other methods approved by the State of California.
6.All extraction manufacturing using hydrocarbons shall be conducted with a
professionally certified closed loop extraction system conforming to current American
Society of Mechanical Engineers (“ASME”) standards and ratings for pressure vessels
and shall be operated in an environment with proper ventilation, controlling all sources of
ignition where a flammable atmosphere is or may be present.
7.All extraction manufacturing using CO2 shall be conducted in a professionally
certified CO2 based extraction system conforming to current ASME standards and ratings
for pressure vessels with a pressure rating at all points being at or above 600 pounds per
square inch, and shall be operated in an environment with proper ventilation.
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8.All other methods of extraction shall be conducted in an environment appropriate
to the solvent being used, with consideration to proper ventilation and ignition source
controls.
9.All equipment, systems and manufacturing processes must meet or exceed all
applicable state and federal requirements and regulations regarding air, water, health and
safety, and handling, processing and storage of hazardous materials, solvents, gases and
waste. No manufacturing facility shall commence operations or be issued any form of
certificate of occupancy without first obtaining all required fire, environmental, health and
safety, planning, and building certificates, permits and approvals required under City’s
Municipal Code and all other applicable county, state and federal regulations.
10.Manufacturers may use heat, screens, presses, steam distillation, ice water, and
other methods of extraction without employing solvents or gases to create kief, hashish,
bubble hash, or vegetable oils or fats derived from natural sources, and other extracts.
11.Manufacturers using extract to create ingestible products shall only use food-grade
ingredients.
H.Ph.D Chemist. As a condition of obtaining a City-issued medical cannabis regulatory
permit and Conditional Use Permit, a cannabis business permittee of a manufacturing facility
desiring to operate under this chapter shall first verify that the cannabis business permittee
employs or contracts with a person who has a Ph.D in chemical sciences or related field of study
and who shall supervise the design, installation and operation of the facility’s systems and
manufacturing processes. Such person shall inspect the premises on a quarterly basis and
provide such inspection report to the City. The cannabis business permittee shall submit to the
City a written statement that he or she certifies under penalty of perjury that the name of the
employee/contractor is true and correct. The employee/contractor shall also submit a written
statement that he or she certifies under penalty of perjury his or her educational qualifications and
verifying that the supervisor is employed or contracted to supervise the design, installation and
operation of the facility’s systems and manufacturing processes.
I.State Regulations. In the event the State of California implements health and safety
regulations applicable to medical cannabis manufacturing facilities, upon implementation of such
State regulations, all medical cannabis manufacturing facilities operators shall immediately
implement the State regulations. Should there be a conflict between the provisions of this chapter
and the State regulations, the State regulations shall control.
J. Site Security. Each site security plan approved by the Sheriff’s Department must include
the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the site, the
parking lot, loading areas, and all exterior sides of the property adjacent to the public rights
of way. The cameras and recording system must be of adequate quality, color rendition,
and resolution to allow the identification of any individual present on the site. The recording
system must be capable of exporting the recorded video in standard MPEG formats to
another common medium, such as a DVD or USB drive.
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2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the city upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
K. Cannabis Business Permit. The cannabis manufacturing permittee shall display its current
valid cannabis business permit issued in accordance with this chapter inside the lobby or waiting
area of the main entrance to the manufacturing site. The permit shall be displayed at all times in
a conspicuous place so that it may be readily seen by all persons entering the manufacturing site.
L. Signs. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site
signs that state the following:
1.“This site is not open to the public.”
2.”Retail sales of any goods and services is prohibited.”
3.“Juveniles are prohibited from entering this site.”
4.“Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited.”
Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the laboratory site.
M.Manufacturing Facility Restricted.
1.No cannabis manufacturing permittee shall open their facility to the public.
2.No cannabis manufacturing permittee shall allow anyone on the manufacturing
site, except for managers, staff, and other persons with a bona fide business or regulatory
purpose for being there, such as contractors, inspectors, and cannabis transporters.
3.A manager must be on the facility site at all times that any other person, except for
security guards, is on the site.
4.While on the manufacturing site, managers and staff of the cannabis testing
laboratory permittee must wear their cannabis testing identification badge, issued by the
city, at all times.
5.Any person other than managers or staff who are on the manufacturing site must
sign in, wear a visitor badge, and be escorted on the site by a manager at all times.
O. Juveniles Prohibited. No juvenile shall be on the manufacturing site or operate a cannabis
testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
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P. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cannabis manufacturing site.
Q. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the site.
R. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage
on the site.
17.156.090 Cannabis Testing Laboratory
A.Permitted Locations. Cannabis Testing Laboratories shall only be located in the M-1 or M-
2 zoning districts.
B.Permits Required. Cannabis testing laboratories shall obtain a City-issued conditional use
permit, building permit and certificate of occupancy prior to the establishment of the use.
C.Cannabis Business Permit. cannabis testing laboratories shall obtain a cannabis business
permit.
D.Yearly Reporting. The cannabis business permittee shall submit to the City a financial
report on a yearly basis detailing the gross proceeds of the business.
C.Interior Only. cannabis manufacturing shall be conducted only in the interior of fully
enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the
purpose and intent of this chapter. No cannabis manufacturing shall be visible from any public
right-of-way.
E. Operational Requirements. A cannabis testing laboratory site shall comply with the
following requirements:
1.Entrances. All entrances into the buildings on the laboratory site shall be locked at
all times with entry controlled by the cannabis testing laboratory permitee’s managers and
staff.
2.Main entrance and lobby. The laboratory site shall have a building with a main
entrance that is clearly visible from the public street or sidewalk. The main entrance shall
be maintained clear of barriers, landscaping, and other obstructions. Inside of the main
entrance, there shall be a lobby to receive persons into the site and to verify whether they
are allowed in the testing areas.
3. Testing area. All testing areas in any building on the laboratory site shall be
separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis testing laboratory permittee.
4.Transport area. Each building with a testing area shall have an area designed for
the secure transfer of cannabis from a vehicle to the testing area.
5.Storage area. Each building with a testing area shall have adequate storage space
for cannabis that has been tested or is waiting to be tested. The storage areas shall be
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separated from the main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis testing laboratory permittee.
F. Site Security. Each laboratory site security plan approved by the Sheriff’s Department
must include the following:
1.Security surveillance cameras. Security surveillance cameras and a video
recording system must be installed to monitor all doors into the buildings on the laboratory
site, the parking lot, loading areas, and all exterior sides of the property adjacent to the
public rights of way. The cameras and recording system must be of adequate quality, color
rendition, and resolution to allow the identification of any individual present on the
laboratory site. The recording system must be capable of exporting the recorded video in
standard MPEG formats to another common medium, such as a DVD or USB drive.
2.Security video recording and retention. Video from the security surveillance
cameras must be recording at all times (24 hours a day, seven days a week) and the
recording shall be maintained for at least 30 days. The video recordings shall be made
available to the city upon request.
3.Alarm system. Professionally and centrally-monitored fire, robbery, and burglar
alarm systems must be installed and maintained in good working condition. The alarm
system must include a private security company that is required to respond to every alarm.
G. Cannabis Business Permit. The cannabis testing laboratory permittee shall display its
current valid cannabis business permit issued in accordance with this chapter inside the lobby or
waiting area of the main entrance to the laboratory site. The permit shall be displayed at all times
in a conspicuous place so that it may be readily seen by all persons entering the laboratory site.
H. Signs. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site
signs that state the following:
1.“This site is not open to the public.”
2.”Retail sales of any goods and services is prohibited.”
3.“Juveniles are prohibited from entering this site.”
4.“Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is
prohibited.”
Each sign described in subsection A must be at least 8 inches by 10 inches in size and must be
displayed at all times in a conspicuous place so that it may be readily seen by all persons entering
the laboratory site.
I.Laboratory Site Restricted.
1.No cannabis testing laboratory permittee shall open their laboratory site to the
public.
2.No cannabis testing laboratory permittee shall allow anyone on the laboratory site,
except for managers, staff, and other persons with a bona fide business or regulatory
purpose for being there, such as contractors, inspectors, and cannabis transporters.
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3.A manager must be on the laboratory site at all times that any other person, except
for security guards, is on the site.
4.While on the laboratory site, managers and staff of the cannabis testing laboratory
permittee must wear their cannabis testing identification badge, issued by the city, at all
times.
5.Any person other than managers or staff who are on the laboratory site must sign
in, wear a visitor badge, and be escorted on the site by a manager at all times.
J. Juveniles Prohibited. No juvenile shall be on the laboratory site or operate a cannabis
testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee,
contractor, or volunteer.
K. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services
on or from a permitted cannabis testing laboratory site.
L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume
cannabis in any form on, or within 20 feet of, the laboratory site.
M. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage
on the laboratory site.
17.156.100 Enforcement.
Violations of this chapter shall be considered a public nuisance, and may be enforced according
to the procedures set forth in Chapter 8.18 and by the enforcement remedies conferred upon the
City by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section
38773, or other lawful authority. Nothing in this provision is intended to impair any viable legal
defense to a person using or in possession of medical Cannabis pursuant to the CUA, the MMPA,
the MMRSA, and the AMUA as may be amended from time to time.
17.156.110 M-1 and M-2 District Zones.
Should there be a conflict between the provisions of this chapter and LEMC Chapters 17.136 or
17.140, this chapter shall control.
SECTION 5. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions
might subsequently be declared invalid or unconstitutional.
SECTION 6.This Ordinance shall take effect thirty (30) days after the date of its final passage.
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.
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INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on
the day of , 2017, and ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on the ____ day of ________, 2017.
____________________________________
Mayor Robert Magee
City of Lake Elsinore City Council
ATTEST:
______________________________
Susan Domen, MMC, City Clerk