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Ord. Nos 1992-930-948
No. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 19.04.020 AND SECTION 19.04.030 OF THE LAKE ELSINORE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: WHEREAS, the City Council of the City of Lake Elsinore did adopt Ordinance No. 905 pursuant to the Government Code Section 65952 on September il, 1990, and WHEREAS, the City Council has continued to monitor the City's program for addressing the preservation of Stephens' kangaroo rat and other sensitive species, and has developed proposed policies to modify the City's program. SECTION ONE: Section 19.04.020 of the Lake Elsinore Municipal Code is hereby amended by adding the following findings: P. The City recognizes that Section 7 and 10(a) of the federal Endangered Species Act allow individual landowners to negotiate appropriate mitigation measures to alleviate impacts on the Stephen's kangaroo rat with the U.S. Fish and Wildlife Service and the California Department of Fish and Game and County of Riverside. Q. The City recognizes that if development has met its fair mitigation burden pursuant to Section 7 or Section 10 (a) of the federal Endangered Species Act and has proposed adequate mitigation measures to alleviate impacts to the Stephen's kangaroo rat to the satisfaction of the U.S. Fish and Wildlife Service, said development should not be required to pay the mitigation fee levied pursuant to Ordinance No. 905. Section 19.04.030 of the Lake Elsinore Municipal Code is hereby amended to read as follows: SECTION 3. PURPOSE The purpose of this Ordinance is to finance the preparation, development and implementation of a Habitat Conservation Plan, including the acquisition of habitat reserve sites, and the application fora Section 10(a) permit under the Federal Endangered Species Act of 1973. It is the further purpose of this Ordinance to provide a method for mitigation of impacts to the Stephens' kangaroo rat caused by the loss of its habitat due to development during the preparation and implementation of a Habitat Conservation Plan and provide for habitat mitigation to be identified in the Habitat Conservation Plan. Mitigation of impacts to the Stephens' kangaroo rat will be accomplished through the review of each proposed development project within the Fee Assessment Area to determine whether on-site mitigation through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site or payment of the mitigation fee is appropriate and furthers the ultimate Habitat Conservation Plan objectives. A proposed development may be referred, for review, to federal and state resources agencies based upon criteria which may be established and agreed upon by the City, the county and said agencies. This Ordinance provides for the establishment of this review process and satisfaction of on-site mitigation to protect potential habitat reserve sites or payment of the Mitigation Fee, which upon implementation will satisfy U.S. Fish and Page 2 Ordinance No. 930 Wildlife Service, California Department of Fish and Game, County of Riverside, as well as City mitigation requirements for the Stephens' kangaroo rat and its habitat which may occur within the City designated herein. This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of January, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of February, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES; COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Vy~~Y'N ary M. Washburn, Mayor City of Lake Elsinore ATTEST: 2~~~- Vicki Lym e Kasad, City Clerk City of Lake. Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: ohn Harper, i y Attorney City of Lake inore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on January 28, 1992 and was passed on second reading February 11, 1992, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE ASAD ITY LE CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 930 of said Council, and that the same has not been amended or repealed. DATED: February 13, 1992 ~- ~- VICKI LYNNE 'ASAD CITY CL CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 47 ACRES TO 38 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL, FIVE (5) ACRES OF R-2 MEDIUM DENSITY RESIDENTIAL, AND THREE (3) ACRES OF C-1 NEIGHBORHOOD COMMERCIAL, LOCATED AT THE SOUTHWEST INTERSECTION OF RIVERSIDE DRIVE AND GRAND AVENUE BOUNDED BY DREYCOTT WAY AND LAREVIEW AVENUE TO THE WEST AND SOUTH, RESPECTIVELY (ZONE CHANGE 91-5: WILLIAM M. TOMLINSON (TOMLINSON & SONS) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers: 387-080-003; 387-189-001; 387- 170-006; 387-170-004 and 1/2 of vacated Lakeview Avenue opposite the last two parcels from Riverside County designation of R-1, R-3 and C-1 to 38 acres of R-1 Single-Family Residential, five (5) acres of R-2 Medium Density Residential, and three (3) acres of C-1 Neighborhood Commercial on approximately 47 acres, as illustrated in Exhibit "A" attached hereto, and said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1, R-2 and C-1 Zoning Districts. Approval is based on the following: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan and the proposed General Plan Amendment. 3. This zone change establishes the necessary pre-zoning for this site. 4. This request will not result in any significant adverse impacts on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of April, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS ALONGI, CHERVENY, WASHBURN NONE DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE Page 2 Ordinance No. 931 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of May, 1992, upon the following roll call vote: AYES: couNCILMEMBERS: ALONGI, CHERVENY, DOMINr,UEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NON d" /, i M. Washburn, Mayor of Lake Elsinore ATTEST: Vicki i,yr a Kasad, City Clerk City of ke Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harper, C ty Attorney City of Lake sinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on April 28, 1992 and was passed on second reading May 12, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~... (~, VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 931 of said Council, and that the same has not been amended or repealed. DATED: May 13, 1992 VICKI LYNNE~ASAD, CITY CLERK CITY OF LAK ELSINORE (SEAL)' ORDINANCE NO. 932 A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING MUNICIPAL CODE SECTIONS 10.24.101, 10.24.030, AND 10.40.110 RELATING TO AEIGHT LIMITATION FOR COMMERCIAL VEHICLES ON STREETS EXCEPT DESIGNATED TRUCK ROUTES RECITALS WHEREAS, the City of Lake Elsinore has enacted Municipal Code Section 10.24 to establish truck routes and prohibit vehicles exceeding a specified maximum gross weight limit on any street other than a designated truck route; and WHEREAS, City Staff has met with the Sheriff's Department for Lake Elsinore to determine practical, enforceable weight limits for vehicles using non-truck routes; WHEREAS, City Staff and the Sheriff's Department has determined that "commercial vehicles" weighing more than three (3) tons is a definition that can be enforced. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Municipal Code Sections 10.24.010, (Authority) 10.24.030, (Weight Limitations), and 10.40.100, (Commercial Vehicles) are hereby amended to read as follows: "10.24.010 Authority. The City Council may prohibit the use of any street other than a designated truck route, by any commercial vehicle exceeding a specified maximum gross weight limit. Any such prohibition shall be established in the manner provided herein. "10.24.030 Weight Limitation. Whenever any such designated truck routes are so established, no person shall operate or park any commercial vehicle exceeding a maximum gross weight limit of three (3) tons on any street, or portion thereof, except those streets so designated as truck routes. Page 2 Ordinance No. 932 "10.40.100 Commercial Vehicles. It shall be unlawful to park or leave standing any commercial vehicle with a gross weight of more than six thousand (6000) pounds on any residential street except for loading and unloading purposes in connection with local deliveries. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED this 28th day of April, 1992, upon the following roll call. AYES: COUNCItrgEMBERS: ALONGI, CHERVENY, DOMINUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED & ADOPTED this 12th day of May, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONC,I, CHERVENY, DOMIN,UEZ, !~IINKLER, k1ASHBURN NOES: COUNCILMEPIBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: !~HK Y TEST: CITY VIfKI KASP.D, CITY ERK CITY OF LAKE ELSINORE APPROVED AS TO FORM & LEGALITY: ~~ JOHN R. ARPER, CI Y TTORNEY LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on April 28, 1992 and was passed on second reading May 12, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONG I, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VI KI LYNNE KASAD CITY CL RK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 932 of said Council, and that the same has not been amended or repealed. DATED: May 13, 1992 CKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) ORDINANCE NO. 932 B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAI3uu ELSINORE LEVYING SPECLAL TA%ES WITHIN THE CITY OF LAKE ELSINORE COMMUNPPY FACILITIES DISTRICT N0.90-3 (NORTH LAIC ELSINORE HILLS PUBLIC Il1~ROVE1VtEN'i'S) City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements) WHEREAS, on May 12, 1992, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Tages Pursuant to the Mello-Roos Community Facilities Act of 1982" .(the "Resolution of Intention"), stating its intention to establish the City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities"); WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the District and to provide for the Facilities; WHEREAS, this City Council has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tag to be levied within the District to finance a portion of the costs of the Facilities; WHEREAS, at said hearing all persons desiring to be heazd on all matters pertaining to the formation of the District and the levy of said special tales were heazd, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of Formation of City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements), Authorizing the Levy of a Special Tag Within the District, Preliminarily- Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tag and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements) and Submitting Proposition to the Qualified Electors of the District" and 'A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tag within the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tag, and establishing an appropriations limit within the District, respectively; and WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, the City Council of the City of Lake Elsinore ordains as follows: Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1992-93 and in each fiscal year thereafter until payment in full of all costs of the facilities to be financed by the District and of any bonds of the City issued for the District (the "Bonds"), and payment of all costs of administering the District. Section 2. The Director of Administrative Services of the City of Lake Elsinore, or in his absence the Finance Director of the City, is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the neat ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the Resolution of Formation. In - no event shall the special taxes be levied on any parcel within the District in excess of the maximum tag specified in the Resolution of Formation. - Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the District and of the City in administering the District and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Director of Administrative Services of the City, or in his absence the Finance Director of the City, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 1992- 93 and for each fiscal year thereafter until the Bonds are paid in full. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the area of the District. -2- Section 8. This Ordinance shall take effect 30 days from the date of final passage. ******s****- INTRODUCED AND PASSED UPON FIRST READING this 23rd-day of June, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINUEZ, I+IINKLER, IdASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AT T: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE this 14th day of July, 1992, upon the ALON;I, DOMINGUEZ, WINKLER, b1ASHBURN NONE CHERVENY NONE ~~ ~2v~ GARY M WASHBURN, MAYOR CITY~9F LAKE ELSINORE APPROVED AS TO FORM & LEGALITY: \~-~VV(~ JOHN R. HARP R, C Y AT RNEY -3- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on June 23, 1992 and was passed on second reading July 14, 1992, by the following vote: AYES: COUNCILMEMBERS: WINKLER,CWASHBURN DOMINGU~Z, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~L'9'~'' VICKI LYNNE KA; I 'CLERK CITY OF LAKE E INORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ] SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 932 of said Council, and that the same has not been amended or repealed. DAT July 15, 1992 ,- ~ AD ITY CLERK K LY > CITY OF LAKE SINORE (SEAL) ORDINANCE NO. 933 THE CITY COUNCIL~OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION I. Section 6.04.170 Keeping of Exotic Animals -- Exceptions of the Municipal Code of the City of Lake Elsinore is hereby amended to read as follows: C. Keeping Certain Animals in City - Prohibited Exceptions 1. No person, either as owner, agent, or employee, shall keep any horses, cattle, mules, burros, sheep, goats, swine (except miniature pot-bellied pigs), similar large animals, or live poultry or domestic fowl within the City in any zone under the zoning law of the City that does not specifically authorize the keeping of any such animal or fowl. Violation of this prohibition is declared to be a public nuisance. 2. Miniature pot-bellied pigs (also known as "pygmy pigs" or "mini-pigs") referred to by the scientific name of sus scrofa (cristatusl ~~ittatus may be kept within the following zones (Single Family Residential, Rural Residential, and Rural Agricultural [R-1, R-R, and R-A)) and subject to the following restrictions: b. It is unlawful for any person to keep or maintain upon any premise owned or controlled by him/her, more than one (1) Miniature pot-bellied pig. c. Miniature pot-bellied pigs must be purchased from a licensed, certified breeder of this type of animal. These animals shall also be accompanied by certificate of authenticity of their breed. d. The breeding of pot-bellied pigs is prohibited. e. There shall be no litters allowed in the City. f. Within 30-days of acquisition, each person owning or having custody or control of any pot-bellied pig over the age of four months shall pay for and obtain a license from Lake Elsinore Animal Friends (L.E.A.F.), the City's animal control authority. Failure to comply will result in a delinquency fee equal to twice the initial registration fee and annual license fee. Initial registration fee and annual license fee shall be set by action of the City Council. g. Male pot-bellied pigs shall be altered at 3-4 weeks before entering the City limits, with certification from L.E.A.F. or a licensed local veterinarian. The females shall be altered at three months of age. L.E.A.F. shall have authority to check on the animals at three months to ensure that the animal has been altered. If the animal has not been altered within 30- days of notification to do so by L.E.A.F., a fine in the amount of $100 shall be assessed. If Owner does not comply within 30 additional days, animal shall be removed from the premises by L.E.A.F. The animal must be inspected by L.E.A.F. at least once per year and cleared by a licensed veterinarian. h. The animals shall be tattooed in one ear or have a license permanently affixed to one ear so they can be easily identified if they become stray or abandoned. In the event that L.E.A.F. picks up a stray or abandoned animal, the owner shall pay an impound fee of $100 as a condition to return of the animal. i. No pot-bellied pig kept or maintained may stand higher than 22 inches at the shoulder, nor be longer than 30 inches from the tip of the head to the end of the buttocks, nor may it weigh more than 120 pounds. Any pig larger than these standards shall be considered to b~ swine and not meet the exempt status as outlined in this section. j. Every pig shall be provided with adequate food, water, exercise, and all necessary care for the proper care of this animal. k. Every person owning or having charge, care, custody, or control of any pot-bellied pig shall keep such pig exclusively upon his/her own premises, unless under restraint, and shall comploy with all leash law regulations while having the animal in public. 1. Any defecation committed by the pig while not on the property of the owner or custodian shall immediately be removed by the person having custody of the pig. SECTION II. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING THIS 25th DAY OF AUgUSt r 1992, UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILP~EMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILDIFMRG3<.; NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th DAY OF September , 1992, UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCIL°1 EMBERS; NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: DOMINGUEZ, WINKLER, ALDNRI, CHERVENY NONE NONE WASHBURN (SEAL) APPROVED AS TO FORM AND LEGALITY: ~~11 V John R. Harp City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City. of Lake Elsinore, DO HEREBY CERTIFY that, the foregoing Ordinance was read for adoption on August 25, 1992 and was passed on second reading September 8, 1992, by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT:. COUNCILMEMBERS: NONE ABSTAIN: CO~UNCILMEMBERS: NONE VICKI LYNNE K AD, CITY CLERK CITY OF LAKE SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 933 of said Council, and that the same has not been amended or repealed. D ED: September 9, 1992' ~ ,h--~J/ VICKI LYNNE A AD, CITY CLERK CITY OF LAKE SINORE (SEAL) ORDINANCE NO. 935 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING SIX ACRES FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO M-1 (LIMITED MANUFACTURING) LOCATED AT THE SOUTHEAST INTERSECTION OF CHANEY AND MINTHORN STREETS (ZONE CHANGE 91-7 - CHANEY BUSINESS PARK): MOLA DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONTNG RECLASSIFICATION This .Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers 377-160-005 and 010 from R-1 (Single-family Residential) to M-1 (Limited Manufacturing) on approximately six acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such Zoning District. Approval is based on the following: 1. This request is consistent with the Goals, Policies, and Objectives of the General Plan. 2. This request will bring the zoning for the site into conformance with the General Plan. 3. This request will not result in any significant impact on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. - Page 2 Ordinance No. 935 INTRODUCED AND APPROVED UPON FIRST READING thisllth day of August, 1992, upon the following roll call vote:. AYE5: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS CHERVENY, DDMINGUEZ, WINKLER, WASHBURN NONE NONE ALONGI PASSED APPROVED AND ADOPTED UPON SECOND READING this 25th. day of AugusE 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: ALDNGI, CHERVENY, DDMINf,UEZ, WINKLER, hIASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBnERS: ABSTAIN: COUNCILMEM)~PRS: CITY AT EST: Vicki L. Kasad, City Clerk APPROVED AS TO FORM AND LEGALITY: L John Harper, C'ty At orney NONE NONE f "C WASHB RN, MAY LAKE ELSINORE a NR.E \ POR. / ~ \ \ 422 ±AL. O~]E O(O xoixEV.v /ai90 ] ~ia,5' I-aJ ~ ~ !/J-~e • i1 ~i9-YJ /] ,1/~II /0/901.11 !I], 11 ~10, Ski IJ I I I I I i i ~ ~~ 1 I I f'or. 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POR ~ \ .rr P ~ a3.e ~ /.54-4L. _ . a y \ ~ \ v b~ iLr.y ~__ ` 4 O X052 ACd __ /\ SIL VER 839./9 - _ /ef'>~o MH 8/378 S.D NEALD'S RESUB. /a ELSINORE /8 DATA' R3 J2/45 F9. 40/37.39 LC4 90-7 FE 3 /G73 .r 3~.L7 ~[i R. p. f. 9 s ~I ~ 5 Ac.= t y ~ ~ ?~ ` ~ 0 ~! 2' /7 ~~ i O 5 4c. yI B ~ ~ I 0 N/ENO' O ST - F T ASSESSORS MAP BK 377 PO /6 k/VERS/DE COUNTY, CALIF ~s-=c:J STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on August 11, 1992 and was passed on second reading August 25, 1992, by the following vote: AYES: COUNCILMEMBERS: WINKLER,CWASHBURN DOMINGUEZ, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 1 '. r CLERK CITY OF LAKE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City. of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 935 of said Council, and that the same has not been amended or repealed. D TEC: September 10, 1992 R r ~ ~i / VICKI L NNE KA$ D, CITY CLERK CITY OF LAKE r INORE (SEAL) ORDINANCE NO. 936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17.11 AND ESTABLISHING A CENTRAL BUSINESS OVERLAY DISTRICT WHEREAS, the City of Lake Elsinore has heretofore established a Central Business District with certain general - guidelines as more particularly set forth in Chapter 17.11 of the Municipal Code; and WHEREAS, the City Council in an effort to provide more consistency in the review process and set forth standards to be binding on all Central Business Overlay District businesses desires to amend the existing Overlay District in order to better accomplish its purpose. NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: Chapter 17.11 is hereby amended in its entirety to provide as follows: 17.11.010 Purpose. The purpose of the Central Business Overlay District is to establish standards to insure that future development in the Central Business District is compatible with the character of the existing small, historic Downtown and to provide a framework for the renovation of buildings which already exist, the design standards set forth in the Cal Poly Urban Design Study for Downtown Lake Elsinore (1982), accomplish the identified goals and objectives of that study, preserve and enhance the existing character of Downtown Lake Elsinore, and extend that character to new development in the Central Business District. 17.11.020 Central Business District Defined. The Central Business District is located in one of the oldest, most established parts of the community of Lake Elsinore. The District is bounded to the north by I-15, to the south by the Lake edge, the east by the alley which parallels Main Street, and to the west by Spring Street, and includes a portion of Graham Avenue to Kellogg. The specific boundaries were adopted by the City Council in April, 1989 and are set forth with specificity in the Design Standards for the Central Business District, which is incorporated herein. 17.11.030 Permitted Uses. Those uses permitted within the Central Business Overlay District shall be those uses otherwise permitted in the underlying zoning. No new or changed use shall be permitted in this District without the specific prior approval as to both type and location by the Design Review Committee. Among the considerations of the Design Review Committee in determining whether a specific use will be permitted shall be the compatibility Page 2 Ordinance No. 936 with surrounding uses, number and density of the same or similar existing uses in the District and the input, if any, from other businesses in the District. 17.11.040 Development Standards. The development standards for the Central Business Overlay District shall be as set forth in the Design Standards for the Central Business District, Lake Elsinore, California, dated October, 1989 and as from time to time amended. Said Design Standards are hereby incorporated herein and made a part hereof. 17.11.050 Design Review Committee. In order to accomplish the goals and objectives of the Design Standards, a Design Review Committee shall be established. Said Committee shall be five (5) members and composed of two (2) representatives of Lake Elsinore businesses, appointed by the City Council, and two (2) Planning Commissioners and one (1) City Council member and staffed by a licensed architect appointed by the City Council. The term of office of the Committee shall be two (2) years, coinciding with the bi-annual election of City Council members. If a member is unable for any reason, to carry out his/her responsibilities, the Committee shall appoint a temporary substitute until an alternate member is appointed by the respective governing body. The City Council shall retain the right to remove and replace committee members, notwithstanding the term set out herein. 17.11.060 Proiect Review. A. All applications for construction, renovation, or rehabilitation of any structure or signage within the District shall be submitted to the Planning Division on a form prepared by the City. B. Design approval requires an affirmative vote by a majority of the Committee members. At least three (3) Committee members' signatures are required on an approved application prior to the issuance of a building permit. C. The Committee may deny or continue consideration for a project for any of the following reasons: 1. Nonconformance with the Design Standards. 2. Incomplete application. 3. Improvements or commencement of operations begun without prior approval. D. Upon approval by the Design Review Committee no further design approval by Planning Staff or Planning Commission shall be required. Page 3 Ordinance No. 936 E. It shall be unlawful to conduct a new or changed use or construct, renovate or rehabilitate any structure, including exterior design and/or signage modifications within the Central Business District in violation of the Design Standards and without prior approval of the Design Review Committee. F. Any determination by the Design Review Committee is subject to appeal to the City Council, whose determination shall be final and binding. Any such appeal must be filed with the City Clerk within ten (10) days of the Design Review Committee decision. The fee for such appeal, if any, shall be as adopted by the City Council. 17.11.070 Compliance with Standards. A. All structures and signage located within the Central Business Overlay District shall be in compliance with the adopted Design Standards. Any structure or signage not in compliance shall be deemed a public nuisance and subject to abatement pursuant to the Nuisance Abatement procedures set forth in Chapter 18.18 of the Municipal Code. B. Any existing structure or signage not in compliance with the Design Standards shall be brought into compliance in accordance with the following schedule: Cost of Modification (i) up to $1000.00 (ii) $1,000.00 and above Compliance Date One (1) Year-_ from the date of adoption Two (2) _ years from the date of adoption C. The Design Review Committee may extend the above compliance dates based upon a showing of financial hardship by the applicant. INTRODUCED AND APPROVED UPON FIRST READING this 25th of August, 1992 upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page 4 Ordinance No. 936 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of Sentemher 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: DOP4INGUEZ, IdINKLER, b1ASHBURN ALON~I, CHERVENY NONE ~~ ^y M. Washburn, Mayor ity of Lake Elsinore T: City (SEAL) Kasad, City Clerk Elsinore APPROVED AS TO FORM AND LEGALITY: ~~-~~I~V John Harper, ity Attorney City of Lak lsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ', DO HEREBY CERTIFY that. the foregoing Ordinance was read for adoption on August 25, 1992 and was passed on second reading September 8, 1992, by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE 14ASAD, CITY CLERK CITY OF LAKE LSINORE (SERE) - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne. Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 936 of said Council, and that the same has not been amended or repealed. DA September 9, 1992 ~~"~ i VICKI LYNNE ~ SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.94 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 17.94 of Title 17, of the Lake Elsinore Municipal Code is hereby amended in its entirety to provide as follows: NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: 17.94.010 - Purpose. Recognizing the right and need of each individual, business, firm, or corporation to identify his place of residence, business or service, and realizing that the indiscriminate erection, locations, illumination, coloring, and size, and lack of proper maintenance of signs, constitutes a significant contributing factor detrimental to the purpose and intent of this chapter. 17.94.020 - Definitions. A. For the purpose of this chapter, certain terms used herein are defined as follows: 1. "Balloon" means an inflatable bag or other inflatable device of any size; 2. "Off-site Sign" means any sign, including billboards, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all; 3. "Building Frontage" means the lineal extent of a building or unit along either a street or a public parking area serving the business, not including loading or service areas; 4. "Business Identification Sign" means any sign erected or maintained for the purpose of identifying a bonafide business being conducted upon the premises on which the sign is located; 5. "Center Identification Sign" means a free-standing sign structure containing the name identifying an integrated business development and may also include identification signs on which the names and nature of business only within the development are uniformly displayed; 6. "Commercial Sign" means any sign excluding non-commercial signs. 7. "DOUbleface Sign" means a single sign with two (2) -- parallel sign faces back-to-back; 8. "Electric Sign" means an advertising structure served or energized with electrical current for purpose of illuminating or for any other purpose; 9. "Free-standing Sign" means any permanent sign not attached to a building; Page 2 Ordinance No. 937 10. "Freeway" means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access and which is declared to be such in compliance with the Streets and Highway Code of the State; 11. "Integrated Development" means a development consisting of five (5) or more interrelated business establishments, in separate units, using common driveways and on-site parking facilities; 12. "Monument Sign" means a low profile sign, not exceeding five feet (5') in height, supported by a solid pedestal extending under the entire length of the sign; 13. "Non-commercial Sign" means any sign, including political signs, not advertising a business or product for sale, whether on or off-site; 14. "Permanent Reader Panel" means a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures; 15. "Political Sign" means a sign relating to a forthcoming public election or referendum indicating the name and/or picture of an individual seeking election to a public office, or a sign pertaining to issues, or a sign pertaining to the advocating by persons, groups, or parties of the political views or policies; 16. "Portable Sign" means any movable external sign that is not permanently secured or attached to an approved permanently established structure, support or anchor; 17. "Projecting Sign" means any sign which is affixed or attached to, and is supported solely by a building wall or structure, or parts thereof, and extends beyond building wall, or structure or parts thereof more than twelve inches (12") and whose angle of incidence to said building wall, structure or parts thereof, is greater than thirty (30) degrees; 18. "Roofline" means the height above the eaves line on sloped roofs, and above the roof covering on flat roofs except parapet walls; 19. "Roof Sign" is any sign erected, constructed and maintained wholly or partially above the roofline; 20. "Sign" means and includes every announcement, declaration, demonstration, display, illumination, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person; 21. "Sign Area" means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight (8) straight lines enclosing the extreme limits of writing, representations, emblem, or any fixture or similar character, integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed. Where a sign has two (2) or more faces, the area of all faces Page 3 Ordinance No. 937 shall be included in determining the area of the sign, except that where two (2) such faces are placed back-to- back and are at no point more than three feet (3') from one another, the area of the sign shall be taken as the area of one (1) face if the two (2) faces of equal area, or as the area of the larger face if the two (2) faces are of unequal area; 22. "Street Frontage" means the lineal extent of a parcel of land along a street; 23. "Temporary Sign" means any sign constructed of or painted on, cloth, canvas, light fabric, cardboard, wallboard, plastic, or other light material; 24. "Wall Sign" incudes all flat signs, either of solid face construction or individual letters, which are placed against the exterior wall of any building or structure and extending not more than one foot (1') from the face of the building and having the advertisement on one (1) face only. 17.94.030 - Permit Required. A sign permit shall be obtained from the Community Development Department prior to the placing, erecting, moving, reconstructing, altering, or displaying of any exterior signs including change of face or copy on existing signs unless exempted by Section 17.94.060, and not including merely refurbishing existing signs. A building permit and/or electrical permit may also be required. 17.94.040 - Procedure. A. Application for sign approval shall be made upon forms provided by the City and shall have and be accompanied by the following information and materials: 1. Three (3) copies of plan showing: a. Position of sign or other advertising structure in relation to adjacent building or structures; b. The design and size, structural details and calculations signed by a registered professional engineer, if required by the Building Official; c. A current photograph(s) showing existing signs on the premises and adjacent property, and certifying the date on which the photographs were taken; d. A statement showing the size and dimensions of all signs existing on the premises at the time of making such applications; e. Such other information as the City shall deem reasonable and necessary to insure safety of construction and compliance with the intent of this chapter. B. Fees. Every applicant, before the granting of a permit, shall pay to the Planning Division the permit fees as established by resolution for each sign or other advertising structure regulated by this chapter. C. Issuance of Permits. It shall be the duty of the Planning and Building Divisions, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or advertising structure; and if it shall Page 4 Ordinance No. 937 appear that the proposed structure is in compliance with all the requirements of this chapter and all other adopted laws, guidelines and ordinances of the City, they shall then issue the sign permit except as otherwise provided in this chapter. D. Revocation of Permit. The Community Development Director is authorized and empowered to revoke any permit upon failure of the holder thereof to comply with any provision of this chapter, with written statement for reasons of revocation. 17.94.050 - Stop Orders. The issuance of a sign permit shall not constitute a waiver of this section or any ordinance of the City, and the Building Division is authorized to stop any sign or advertising structure installation which is being carried on in violation of this title, or of any other ordinance of the City. 17.94.060 - Exemptions. A. The following non-illuminated signs shall be permitted in all districts with no permit required, subject to the limitations provided in this chapter, or as otherwise provided by state law: 1. One (1) double-faced or two (2) single-faced real estate signs per street frontage not exceeding six feet (6') in area nor six feet (6') in height pertaining to the sale or rental of the property on which displayed, provided that such signs shall be removed at the time the property is sold or rented; On vacant parcels larger than 20,000 square feet in area, one (1) double-faced real estate sign per street frontage not exceeding thirty-two (32) square feet in area may be placed in lieu of the smaller sign, provided that it shall be a minimum of fifteen-feet (15') from any street right-of-way or driveway and shall not exceed ten feet (10') in height; 2. One (1) professional nameplate or occupational sign denoting only the name and occupation of an occupant in a commercial building or public institutional building, provided that said sign does not exceed two (2) square feet in area and is attached to and mounted parallel to the face of the building not exceeding one inch (1") from the wall; 3. One (1) nameplate, denoting only the name of occupants of a dwelling, and not exceeding two (2) square feet in area not located closer than two feet (2') to the property line; 4. Traffic or other municipal signs, legal notices, railroad crossing or danger signs; 5. Nonadvertising warning signs or trespassing signs on private property posted no closer than one hundred feet (100') apart not exceeding three feet (3') in area; 6. Nonadvertising signs of public utility companies as may be required in their operations in providing services for the health and welfare of the general public, or as required by any law or regulations of the state or any agency thereof; 7. One (1) sign per street frontage identifying the development and denoting the architect, engineer or contractor when placed upon work under construction; Page 5 Ordinance No. 937 provided, however, that no such sign shall exceed thirty- two (32) square feet in area nor eight (8) feet in height; 8. Non-commercial window display signs advertising specific event. Each business may display one (1) such sign in its window containing a maximum of four (4) square feet in area, for not more than thirty (30) days before the event takes place. The sign must be removed within twenty-four (24) hours after the event takes place; 9. Nonadvertising displays commemorating legal holidays; providing, however, that said displays are not detrimental to public health, safety and general welfare; 10. Temporary political signs subject to the regulations in Section 17.84.110, Temporary Political Signs. 17.94.070 - Nonconforming Sians. Any permanent sign legally erected and maintained at the time of adoption of this title, although each sign does not conform to the regulations herein specified, may continued to be used. However, at the time of any change to the sign including change of face'of the sign, the sign shall be removed or made to conform to the provisions of this title. All other nonconforming signs and advertising shall be removed within sixty (60) days of adoption of this title. 17.94.075 - Non-Commercial Sians. Non-commercial signs, including political signs, shall be allowed under any circumstance in which a Commercial Sign is allowed, pursuant to the same rules and regulations as are applicable to any Commercial Sign, and as additionally allowed pursuant to this chapter. The City shall not have the right nor the power to review, approve or disapprove the content of any such signs. 17.94.080 - Removal of Obsolete Sians. It shall be the responsibility of the property owner to have signs pertaining to enterprises or occupants that are no longer using a property removed or the sign copy obliterated within thirty (30) days after the associated enterprise or occupant has vacated the premises. 17.94.090 - Prohibited Sians. All signs not specifically permitted by other provisions of this chapter shall be prohibited. The following signs shall not be permitted in any district: A. Portable signs, including free-standing and wheeled or other signs and inflatable signs or balloons containing signs; B. Vehicles containing advertising parked whether on public or private property for the primary purpose of advertising or directing attention to a permanent business. C. Signs which incorporate in any manner any flashing, moving, or intermittent lighting; D. Rotating or animated signs, or signs which contain any moving parts; E. No signs, lights or other advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision at any location where, by reason of the position, shape, color or movement may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Nor shall such sign advertising structure make use of any word, phrase, symbol or Page 6 Ordinance No. 937 character in such a manner as to interfere with, mislead or confuse traffic; F. Spinners or similar advertising devices; G. Signs which exceed the roofline or parapet to which such signs are attached; H. Any off-site advertising, including billboards, except as otherwise provided in this chapter. This prohibition shall specifically not apply to non-commercial signs, including political signs. 17.94.100 - Advertising on Public Property. A. No person, except a public officer or city employee in the performance of his duty shall paste, post, paint or erect any flag, pennant, sign or notice of any kind or cause the same to be done upon public property, street, bridge, or sidewalk within the city and no person shall attach any item to private utility company poles without prior written approval from the utility company to which such poles belong; B. Exceptions. Signs and banners for special events to the benefit of the entire community and authorized by the City Manager. 17.94.110 - Temporary Political Signs. A. General. Political signs are permitted in a district subject to the following limitations: 1. Time Limits. No sign shall be posted more than ninety (90) days prior to the election to which it pertains. All political signs shall be removed within seven (7) days following the election to which they pertain; B. Exceptions. Political signs shall be prohibited in locations listed below: 1. Public Right-of-way. No political sign shall be posted within the street right-of-way (including, but not limited to, median islands, tract entry planters, treewells and parkways), or on any traffic-control sign, private or public utility company poles; 2. Public Facilities. No political sign shall be posted on any building or on any land owned by the city. 17.94.120 - Temporary Aayertlslna ror New xesluei~~iai VCVG1VN1ttC 11 ~.~.. This section provides the standards for the implementation of on- site and off-site subdivision signs. The purpose of these standards is to avoid adverse impacts to existing residential neighborhoods, to assist the potential customers to new residential developments, and to help reduce the aesthetic impacts on the streetscape. A. On-Site Signs and Flags. New residential developments which offer ten (10) or more units for sale or lease may erect temporary on-site advertising signs subject to the following: 1. Size. a. One (1) sign per residential development may be located within the boundaries of the development. Such signs shall not exceed one hundred (100) square feet in area and with a total height of twenty feet (20') above grade; Page 7 Ordinance No. 937 b. Additionally, up to ten (10) flags shall be allowed, such flags shall not exceed fifteen (15) square feet in area and with a total height of twenty feet (20') above grade. 2. Approval Required. Signs and flags are subject to approval of a temporary sign permit by the Director. The permit shall be valid for one (1) year. Extensions may be granted by the Director upon request of the applicant until all units are sold; 3. Bond Required. Such signs and flags are subject to a five hundred dollar ($500.00) cash bond in order to guarantee prompt removal upon expiration of the approval period, not to exceed 30 days; B. Off-Site Directional Signs. Residential off-site directional signs, hereafter signs, shall be allowed subject to the following: 1. Scope of Regulations. Signs for the following developments shall be allowed: a. Single-Family, condominium and townhome projects within the City of Lake Elsinore with thirty (30) lots/units or more. b. Apartment complexes within the City of Lake Elsinore with twenty-five (25) units or more. 2. Number of Signs. Each subdivision shall be allowed a maximum of five individual signs to lead the potential customers to a particular development. 3. Sign Standards. a. The size, shape and color of the signs shall be consistent with Exhibit "A". b. Each individual sign shall contain only the name of the development and an arrow indicating direction. 4. Location of Signs. a. These signs shall be permitted along any of the following streets as classified in the General Plan Circulation Element: urban arterial, major, secondary, collector, and split level roadway. - Signs placed on public right-of-way shall require an encroachment permit. - Cal Trans permit shall be obtained for signs along Highway 74. b. Signs shall be located at least five hundred feet (500') away from any other sign, unless it is determined by the Director that a closer spacing will better accomplish the intent of this section. 5. Procedures for Sign Approval. a. Director and City Engineer approval is required for sign locations. Page 8 Ordinance No. 937 b. Director approval is required prior to placing an individual sign on an approved sign location; furthermore, his/her approval is required prior to replacing an individual sign with a new one. c. Permits for individual signs shall not be issued prior to issuance of first building permit for construction of that project. d. Signs shall be allowed until the subdivision is sold out and signs shall be removed in thirty (30) days. 6. Violation and Removal. a. Any sign placed contrary to the provisions of this title may be removed by the City and the cost of removal shall be deducted from said deposit. Additional costs incurred by the city resulting from the removal of illegal signs shall be charged to the developer. b. There shall be no additions, tag signs, flags, streamers, devices, display boards, or appurtenances added to the sign as originally approved. c.. No other directional signing, such as posters or trailer signs, shall be used. d. All non-conforming subdivision directional signs associated with the subdivision in question must be removed prior to the issuance of a new individual sign permit for that subdivision. 17.94.130 - Off-Site Directional Sians. A. Off-Site directional signs for the location of residential open houses, and garage sales are permitted subject to the following: 1. Signs may only be posted on weekends between six (6) p.m. on Friday and six (6) p.m. Sunday, on legal holidays between eight (8) a.m. and six (6) p.m.; 2. Signs shall not be posted within the public right-of-way. Signs may not be posted in median islands, on utility poles, light standards, traffic signals, street trees; 3. There shall be no more than one (1) sign per direction of traffic at any intersection; 4. Signs shall be at least one thousand feet (1,000') apart, except at intersections; 5. Maximum area of directional signs shall not exceed three (3) square feet nor shall any sign be erected in excess of four feet (4') in height; 6. Signs shall be posted on private property; B. Signs in violation of this section may be subject to removal and disposition without notice or warning. Page 9 Ordinance No. 937 17.94.140 - TemAOrarV Advertisina for Developments Other Than New Residential Developments A. Temporary advertising for new developments other than residential projects shall be permitted subject to the following: 1. One (1) free-standing sign per development may be erected. Such signs shall not exceed thirty-two (32) square feet in area, nor ten feet (10') in height. Larger signs may be permitted subject to approval of a use permit, pursuant to Chapter 17.74. 2. One (1) wall sign per building may be displayed. Such signs shall not exceed one (1) square foot per lineal foot of building frontage, provided however, that no sign shall exceed fifty (50) square feet; 3. Signs shall not be displayed for more than one (1) year. 17.94.150 - Temporarv Advertisina Devices. Temporary advertising devices, such as pennants, banners and flags shall be permitted subject to the following regulations: A. All temporary advertising devices shall require a permit and shall be subject to the review and approval of the Planning Division; B. Pennants, banners and flags shall be displayed only at the location where the promotion occurs; C. Flags and pennants shall contain no advertising; D. The display of temporary devices shall be subject to the following additional regulations: 1. Sign area of banners shall not exceed fifty (50) square feet and said permit is valid for one calendar month; 2. Only one (1) banner shall be permitted per building or and one tenant space; 3. Banners shall be attached to the building or canopy parallel to the building face. No portion of any banner shall project more than six inches (6") from the face of the building or canopy to which it is attached; 4. A twenty-five dollar ($25.00) cash deposit shall be required to guarantee removal of temporary devices. E. Movable signs defined as sandwich boards, which may contain commercial information may be allowed subject to the following additional regulations: 1. Only one (1) movable sign shall be permitted per tenant space; 2. Sign area shall not exceed thirty inches (30") wide and forty-two inches (42") high and have no more than two (2) faces; 3. Signs must be placed so as not to impede pedestrian traffic; 4. Signs shall be allowed only on private property. 17.94.160 - Signs in Residential Zones. The following regulations shall apply to all signs and outdoor advertising structures in Page 10 Ordinance No. 937 residential zones, except as provided in Section 17.94.060, Exemptions. A. For other than single-family detached residential, developments on lots less than one hundred (100') feet in width may be permitted one (1) wall sign containing a maximum area of ten (10) square feet; B. Large scale developments having more than twelve (12) units and a lot width greater than one hundred feet (100') and nonresidential developments with a lot width greater than one hundred feet (100') may be permitted one (1) sign per street frontage containing no more than one (1) square foot per each ten feet (10') of linear lot frontage and shall not exceed thirty-two (32) square feet. Such signs may be free-standing or wall signs; C. All signs shall harmonize with the scale and design of the development and if lighted shall be indirectly lighted; D. Free-standing signs shall have an overall maximum height of forty-two inches (42") above grade. Such sign shall not extend out from the furthest projection of the main building more than five feet (5') on any side of front yard; E. A wall sign shall be fastened parallel to the surface of the main building and may be placed at a height not greater than two-thirds (2/3's) of the height of the building surface upon which it is located. 17.94.170 - Signs in Commercial Districts. The following regulations shall apply to all signs and outdoor advertising structures in the C-O, C-1, C-M, and C-P Districts: A. No sign shall be permitted that does not pertain directly to an approved business conducted on the premises, except as provided in Section 17.94.060, Exemptions. B. All signs, except those provided for in Section 17.94.150, Temporary Advertising Devices, shall be pernanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials; C. The total sign are permitted per building frontage shall not exceed one (1) square foot per lineal foot of building frontage on which the sign is located subject to the following: 1. Building frontage may not be combined to permit a larger sign on any one building frontage; 2. Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure, may project more than six inches (6") from the face of the building or structure to which it is attached; D. Businesses in an integrated development shall comply with a uniform sign program approved by the Planning Commission; E. In addition to the above, businesses in a separate building and occupying at least one hundred feet (100') on one street may be pernitted a free-standing sign subject to the following: 1. Sign area per street frontage shall not exceed twenty (20) square feet per one hundred (100) lineal feet of the Page 11 Ordinance No. 937 street frontage on which the sign is located, provided, however, that no one sign shall exceed sixty (60) square feet; 2. Maximum height of free-standing signs shall not exceed six feet (6') above the public sidewalk; 3. Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials; 4. No portion of any sign or supporting structure shall be located closer than five feet (5') to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic; 5. No sign is permitted for frontages on local residential streets; 6. All free-standing signs shall include the address of the business in numerals and/or letters at least six inches (6") high. Addresses shall not be obscured by landscaping or other obstructions; 7. All free-standing signs shall be located in a planter area not less than fifty (50) square feet in area and with a minimum width of five feet (5'). F. In addition to the above, one (1) center identification sign per street frontage is permitted for integrated developments of five (5) or more separate units subject to the following: 1. The sign shall not exceed thirty (30) square feet per one hundred (100) lineal of street frontage on which the sign is located, provided, however, that the maximum sign area shall not exceed three hundred twenty (320) square feet per sign; 2. No sign shall exceed the height of the building with which it is associated; 3. Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials; 4. No portion of any sign or supporting structure shall be located closer than five feet (5') to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic; 5. No sign is permitted for frontages on local residential streets; 6. All free-standing signs shall include the address of the center in numerals and/or letters at least six inches (6") high. Addresses shall not be obscured by landscaping or other obstructions; 7. All free-standing signs shall be located in a planter area not less than one hundred (100) square feet in area with a minimum width of five feet (5'); 8. All free-standing center identification signs shall be subject to the review and approval of the Planning Commission subject to the provisions of Chapter 17.82, Design Review. Page 12 Ordinance No. 937 G. Business not located in integrated developments of five (5) or more units and located on a parcel with at least one hundred (100) lineal feet of street frontage on one arterial street shall be permitted one (1) free-standing building identification sign per street frontage subject to the same requirements in Subsection E above. H. Small suspended or projecting signs may be permitted in addition to provisions of Subsections C, E, F, and G, subject to the following: 1. A maximum of one (1) such sign per building frontage is permitted provided that it is perpendicular to the main face of the building and suspended from a canopy or projects not more than three feet (3') from the building face, and a maximum of 1 to 2 inches in thickness; 2. Signs shall not exceed two (2) square feet in area and shall have a minimum ground clearance of eight feet (8'); 3: All such signs shall be non-energized and non-electrical. I. Freeway Identification Signs. Signs oriented to freeway traffic shall be permitted subject to the following limitations: 1. Properties containing such signs shall be adjacent to a freeway or a freeway ramp; 2. Businesses are permitted a wall sign facing the freeway subject to the limitations of Section 17.94.170.C; 3. Individual businesses and integrated developments of five - (5) or more units with at least one hundred and fifty feet (150') of freeway frontage may be permitted a free- standing freeway identification sign subject to the following: a. Total sign area shall not exceed thirty (30) square feet per one hundred (100) lineal feet of freeway frontage, provided, however, that the maximum sign area shall not exceed one hundred fifty (150) square feet; b. No sign shall exceed forty-five feet (45') in height; c. All free-standing signs shall be subject to review and approval by the Planning Commission subject to the provisions of Chapter 17.82, Design Review; d. Said business must be freeway oriented business, as determined by the Planning Commission; e. Said business must be easily accessible to a freeway ramp, as determined by the Planning Commission; f. Said sign shall not block another freeway oriented free-standing sign. The applicant shall be responsible for providing the Planning Commission with evidence to assure satisfactory compliance with this requirement. g. Said sign shall be located in a planter area not less than one hundred feet (100') with one dimension being at least five feet (5'). Page 13 Ordinance No. 937 J. Temporary window signs, including signs painted on windows shall be permitted subject to the following: 1. They shall be permitted only inside a window of the business to which such sign pertains; 2. Total area occupied by said sign shall not screen the view of the inside of said tenant space; 3. Signs shall be displayed in a neat and orderly manner and shall not contain any words, symbols or pictures that may be offensive to the general public; K. Signs for gasoline dispensing establishments shall comply with the provisions of Section 17.94.200. 17.94.180 - Signs in the Central Business District (CBD1. Regulations for the CBD shall be per the Downtown Design Review Guidelines/Standards: 17.94.190 - Signs in the Industrial Districts. The following regulations shall apply to all signs and outdoor advertising structures in the "M" District: A. No sign shall be permitted that does not pertain directly to an approved business conducted on the premises; B. All signs, except those provided for in Section 17.94.150, Temporary Advertising Devices, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials; C. The total sign area permitted per building frontage shall not exceed one (1) square foot on which the sign is located subject to the following: 1. Maximum size of any sign shall be 100 square feet; 2. Building frontages may not be combined to permit a larger sign on any one building frontage; 3. Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure, may project more than six inches (6") from the face of the building or structure nor exceed 3 inches in thickness, to which it is attached; D. Business in an integrated development shall comply with a uniform sign program approved by the Planning Commission. E. In addition to the above, businesses in a separate building and occupying the entire building area on a parcel with a street frontage of at least one hundred feet (100') on one street may be permitted a free-standing monument sign subject to the following: 1. Sign area per street frontage shall not exceed 20 square feet per 100 lineal feet of the street frontage on which the sign is located, provided, however, that no one sign shall exceed sixty (60) square feet; 2. Maximum height of the sign shall not exceed four feet (4') in height; 3. No portion of any sign or supporting structure shall be located closer than five feet (5') to any property line, Page 14 Ordinance No. 937 not be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic; 4. No sign is permitted for frontages on local residential streets; 5. All free-standing signs shall include the address of the business in numerals and/or letters at least six inches (6") high. Addresses shall not be obstructed by landscaping or other obstructions; 6. All free-standing signs shall be located in a planter area not less than fifty (50) square feet in area and with a minimum width of five feet (5'1. F. In addition to the above, one center identification sign per street frontage is permitted for integrated developments of five or more separate units subject to the same regulations stipulated in Section 17.94.190.E. G. Freeway Identification Signs. Individual businesses and integrated developments may be permitted a wall sign facing the freeway subject to the limitations of 17.94.190.0. H. Signs for gasoline dispensing establishments shall comply with the provisions of Section 17.94.200. 17.94.200 - Signs for Gasoline Dispensing Establishments The following regulations shall apply to all signs and advertising structures for service stations, including mini-markets or similar associated uses: A. One free-standing sign per street frontage may be permitted subject to the following: 1. Sign area shall not exceed twenty (20) square feet per one hundred (100) lineal feet of street frontage, plus twenty-four (24) square feet. Price signing shall be included within this sign area; 2. Maximum height of the sign shall not exceed six feet (6') above the adjacent public sidewalk; 3. Signs shall reflect the architectural design of the building with which they are associated and shall incorporate unifying features such as materials; 4. Street frontages may not be combined to permit a larger sign on any frontage; 5. All free-standing signs shall include the address of the business in numerals and/or letters at least six inches (6") high. Addresses shall not be obstructed by landscaping or other obstructions; 6. All free-standing signs shall be located in a planter area not less than fifty (50) square feet in area and with a minimum of five feet (5'). B. The total sign area of all wall signs per building frontage shall not exceed one (1) square foot per lineal foot of building frontage on which the sign is located; C. Signs above pump and pump islands shall be limited to directions for use of pumps and payments, or other signs required by state regulations, and sign area shall not exceed a total of ten (10) square feet per pump island; Page 15 Ordinance No. 937 D. Window signs, including signs painted on windows shall be permitted subject to the following: 1. They shall be permitted only inside a window of the business to which such signs pertain; 2. Total area occupied by said sign shall not screen the view of the inside of said tenant space; 3. Signs shall be displayed in a neat and orderly manner and shall not contain any words, symbols or pictures that may be offensive to the general public. E. Temporary advertising signs may be permitted subject to the provisions of Section 17.94.150, Temporary Advertising Devices. 17.94.210 - Signs in Open Space and Recreational Districts. Except as provided in Section 17.94.060, Exceptions, all signs in Open Space and Recreational Districts shall be subject to review and approval of the Planning Commission, which shall consider the special circumstances of these zones, including special hazards and overly zones which may be associated with them. Generally, the regulations set forth in Section 17.94.170, Signs in Commercial Districts, shall be used as guidelines for signs in these districts. INTRODUCED AND APPROVED UPON FIRST READING this 25th of August 1992 upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINCUEZ, WINKLER, b1ASHBURN NOES: COUNCILMEMBERS: ALON,I ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of Septem[~er , 1992, upon the following roll call vote: ~"11~s11'. Vicki L City of (SEAL) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 1Y-~~ yn Kasad, City Clerk L e Elsinore CHERVENY, DOMINr,UEZ, b1INKLER, 4dASHBURN ALONrI NONE NON IN ~>~'~ G M. Washburn, Mayor 'ty of Lake Elsinore APPROVED AS O FORM AND LEGALITY: John Harp r City Attorney City of ke Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) -- I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that. the foregoing Ordinance was read for adoption on August 25, 1992 and was passed on second reading September 8, 1992, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGi ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~_\~ VICKI. LYNNE K D, CITY CLERK CITY OF LAKE SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki .Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 937 of said Council, and that the same has not been amended or repealed. DATED: September 9, 1992 VICKI LYNNE K AD, CITY CLERK CITY OF LAKE SINORE (SEAL) ORDINANCE NO. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH NORTH PEAK PARTNERS WHEREAS, the Planning Commission of the City of Lake Elsinore held a duly noticed public hearing on a proposed Development Agreement between the City of Lake Elsinore and North Peak Partners ~._ on August 19, 1992, and found that the Development Agreement is i consistent with the City's General Plan; and i WHEREAS, the City Council of the City of Lake Elsinore held a duly noticed public hearing on the Development Agreement on August 25, 1992, and found that (1) the Development Agreement is consistent with the City's General Plan and the North Peak Specific Plan, and; (2) the previously certified Environmental Impact Report prepared for the North Peak Specific Plan is adequate and complete for the Development Agreement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Development Agreement between the City of Lake Elsinore and North Peak Partners, as set forth in Exhibit A attached hereto, is hereby approved. The Mayor is authorized to execute the Development Agreement and, following such execution, the City Clerk shall cause a copy thereof to be recorded with the Riverside County Recorder within ten (10) days. Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. This Ordinance shall become effective upon the expiration of thirty (30) days from and after its passage. PASSED UPON FIRST READING this 25th day of August, 1992, upon the following vote: AYES: Councilmembers: ALDNGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: WINKLER PASSED, APPROVED AND ADOPTED this 8th day of September, 1992, upon the following vote: AYES: Councilmembers: ALDN~I, CHERVEPIY, DDMINGUEZ, 41ASHBURN NOES: Councilmembers: NONE ABSENT: Councilmembers: Councilmembers: APPROVED AS FORM AND LEGALITY: y attorney Elsinore (SEAL) RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) Thomas A. May, Esq. ~ Luce, Forward, Hamilton & Scripps ) 4250 Executive Square, Suite 700 ) La Jolla, California 92037 ) DEVELOPMENT AGIkFRMF.NT BETWEEN THE CITY OF LAKE ELSINORE AND NORTH PEAK PARTNERS, LP. FOR NORTH PEAK DATED: August 25, 1992 9032150/September 4, 1992 EXECUTION COPY TABLE OF CONTENTS Pace R 1. PARTIES AND DATE .... ............................... ~ ... 1 2. DEFINITIONS .. 1 ............................................. 3. RECITALS ............................. 4 ..................... 3.1 Property ............................................... 4 3.2 Legal Authority .......................................... 4 3.2.1 Approval of Development Agreement .................... 5 3.3 Operative Upon Annexation ................................ 5 3.4 Additional Lands .....................:...... .. 5 . .......... 3 5 Consistenc Fi di . y n ng ....................................... 5 3.6 Status of Project ...................................... .. 6 . 3 7 Consideration 6 . ........................................... 4. DEVELOPER PROVIDED AMENITIES ........................... 6 4.1 Description of Amenities ................................... 6 4.1.1 Development Agreement Fee .......................... 7 4.1.2 Feasibility Studies ................................... 8 4.1.3 School Sites ....................................... 9 4.1.4 Park Sites ....................... 9 .................. (a) PhaseIPazk .................................. 9 (b) Phase III Park ................................ 9 (c) Phase IV Park ............................... 10 (d) Nature Pazk ................................. 10 4.1.5 Fire Station ....................................... 11 4.1.6 Affordable Housing ................................. 11 5. DURATION OF AGREEMENT ......... ..................... 12 5.1 Term ............................ . 12 . ................... 5.2 Scheduling ............................................. 12 5.3 Certification of Completion ................................ 13 5.4 Termination ......................... ................ 13 5 5 Periodic Review 13 . ........................................ 6. VESTED RIGHT ............................................ 15 6.1 Vesting ............................................... 15 6.1.1 No Conflicting Enactments ........................... 15 6.1.2 Citizen Initiative ................................... 16 6.1.3 Grading ......................................... 16 6.2 Benefit of an Earlier Vesting ............................... 16 _..... -. TABLE OF CONTENTS (continued) t ~ Paee 7. GENERAL DEVELOPMENT OF THE PROJECT .................. 16 7.1 Project ............................................... 16 7.2 Phasing of Developments .................................. 17 7.3 Reservations or Dedications ................................ 17 7.4 Operating Memoranda and Amendments ............. ....... 17 7.4.1 Alteration of Permitted Uses .......................... 18 7.4:2 Increase in Density or Intensity ........................ 18 7.4.3 Increase in Height and Size ........................... 18 7.4.4 Deletion of Reservation Requirements .................. 18 7.4.5 Supplemental Environmental Impact Reports ............. 18 8. RULES, REGULATIONS AND OFFICIAL POLICIES ............... 18 8.1 Effect of Agreement on Land Use Regulations ................. 18 8.2 New Rules ............................................ 19 8.2.1 Processing Fees .................................... 19 8.2.2 Procedural Regulations .............................. 19 8.2.3 Regulations Governing Construction Standazds ............ 19 8.2.4 Certain Conflicting Regulations ........................ 19 8.2.5 Non-Conflicting Regulations .......................... 19 8.3 Police Power and Taxing Power ............................. 20 8.4 Life of Subdivision or Parcel Maps ........................... 20 8.5 State and Federal Laws ................................... 20 8.6 Unforeseen Circumstances ................................. 21 9. COOPERATION AND COVENANT OF FURTHER ASSURANCES .... 22 9.1 Third Party Actions .......................... 22 9 2 ............ Further Assurances . 9.3 ...................................... Processing 22 23 ............................................. 9.3.1 Scheduling ......................... 23 .............. 9 3 2 Processin 9.4 . . g ........................................ Other Governmental Permits .. 23 23 9.5 ............................. Financing of Public Facilities and/or Services ................... 23 9.6 Utilities Coordination 24 9.7 .................................... Covenant of Good Faith and Fair Dealin 24 9.8 g ..................... Stephens' Kangazoo Rat .................. 25 9.9 ................ Highway 74 Realignment .................................. 25 9.10 City Acquisition of Rights-of-Way ........................... 26 10. PERMITTED DELAYS ....................................... 26 Il TABLE OF CONTENTS (continued) t Paee 11. ESTOPPEL CERTIFICATES ................................... 26 12. RECORDATION BY CITY CLERK .............................. 26 13. DEFAULT AND REMEDIES .................................. 27 13.1 Events of Default ....................................... 27 13.2 Termination ........................................... 27 13.3 Default by City ......................................... 27 13.4 No Waiver .........................:.................. 28 13.5 Effect of Termination .............................. . . ~R 13.6 Institution of Legal Action ................................. 28 14. CONSISTENCY FINDING ..................................... 28 15. CONSENT OF OTHER PARTIES ............................... 28 16. ASSIGNMENT AND RELEASE ................................. 29 16.1 Transfer and Assignments of Rights and Interests ................ 29 16.1.1 Rights and Interests Appurtenant ...................... 29 16.1.2 Allocation of Density ................................ 29 16.1.3 Subject to Terms of Agreement ........................ 30 16.1.4 Release of Developer ............................... 30 16.2 Releases Upon Partial or Total Completion of Project ............ 31 16.3 Releases Upon Sale or Lease to the Public .................... 31 17. ENCUMBRANCES ON REAL PROPERTY; MORTGAGEE PROTECTION . 31 17.1 . ............................................ Discretion to Encumber ...................... 31 17.2 ............. Mortgagee Protection .............................. 32 17.3 ...... Mortgagee Not Obligated ................................ 32 17.4 . Notice of Default to Mortgagee; Right of Mortgagee to Cure ....... 32 17.5 Banl~uptcy ............................................ 32 18. INSURANCE ....... .................................. 33 18.1 Hold Harmless .................................... 33 18.1.1 Compensation Insurance ............................. 33 18.1.2 Public Liability and Property Damage Insurance ........... 33 iii i_.. ,. Y TABLE OF CONTENT'S (continued) ~ Paee ( 19. GENERAL PROVISIONS ...................................... 34 19.1 Development Exactions ................................... 34 19.2 Recitals ............................................... 34 19.3 Exhibits ............................................... 34 19.4 Applicable Law ..................... .................. 34 19.5 No Joint Venture, Partnership or Third Party Beneficiary .......... 34 19.6 Notices ............................................... 34 19.7 Severability ............................................ 35 19.8 Entire Agreement ....................:.................. 35 19.9 Signature Pages; Counterparts .............................. 35 19.10 Time ................................................. 35 19.11 Captions .............................................. 35 19.12 Construction, Number and Gender .......................... 36 TABLE OF EXHIBITS Exhibit Description A Legal Description of Property B Legal Description of Exchange BLM Land C Legal Description of Additional Lands D Parks Concept Plan E Conditions to Approval of SpeciSc Plan 90.2 F Feasibility Study Credits Reference § 2.26 § 2.14 § 2.24 § 2.21 § 2.27 § 4.1.2(c) iv DEVELOPMENT AGREEMENT BETWEEN. THE CITY OF LAKE ELSINORE AND NORTH PEAK PARTNERS, L.P. FOR NORTH PEAK 1. PARTIES AND DATE The parties to this Development Agreement ("Agreement") are the City of Lake Elsinore, California, a municipal corporation ("City"), and North Peak Partners, L.P., a California limited partnership ("Developer"). The project to which this Agreement applies is commonly known as North Peak. This Agreement is made and entered into on August 25, 1992 (the "Approval Date"). 2. DEFINITIONS 2.1 "Agreement" means this Development Agreement. 2.2 "Approval Date" means the date this Agreement is first approved by the City Council. This Agreement shall be dated as of the Approval Date. 2.3 "CEQA" means the California Environmental Quality Act of 1970 (California Public Resources Code Section 21000 et sec ..) and the state CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et sec ..). 2.4 "City" means the City of Lake Elsinore, California, a municipal corporation, including its officials, officers, employees, commissions, committees and boards. 2.5 "City Council" means the duly elected City Council of the City. 2.6 "Community Park" means any of the three active use parks designated in the Specific Plan, for the enjoyment of residents of the Property, as well as residents of areas outside the Property, totalling 49.0 acres, which are individually referred to as the "Phase I Park" of 14 acres, the 'Those III Park" of 17 acres and the "Phase IV Park" of 18 acres. 2.7 "Developer" means North Peak Partners, L.P., a California limited partnership -and its successors in interest to all or any part of the Property except as expressly limited elsewhere in this Agreement. 2.8 "Development" means the subdivision and sale of land and construction and/or installation of structures, improvements and facilities comprising the Project (and the obtaining of any Development Approvals required for such activities) as set forth in this Agreement including, without limitation, grading, construction and public financing of ~. ~;~, infrastructure and public facilities related to the Project (whether located within or outside the Property), the construction of private and/or public buildings, both residential and non- residential, and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. ~ 2.9 "Development Approvals" means zoning, site specific plans, maps, permits, and other entitlements to use of every kind or nature which have been or may be approved or granted by the City in connection with the Development of the Property, including but not limited to general plan amendments, specific plans and amendments thereto, EIRs, negative declarations, categorical or statutory exemptions, site plans, development plans, tentative and final subdivision tract maps, vesting tentative maps, parcel maps, conditional and special use permits, grading and building permits, and other similar permits, maps, plans, authorizations, licenses and entitlements. .2.10 "Development Exaction" means any requirement of City or other public entity controlled by the City in connection with or pursuant to any land use regulation or Development Approval for the dedication of land, the financing or construction of improvements or public facilities or of private facilities for public use, or the payment of money (whether characterized as fees, taxes, special taxes or otherwise) in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 2.11 "Development Impact Fee" means any fee, charge, dedication of property without payment or other exaction adopted citywide that relates to the provision of public infrastructure, facilities or services which is applied to all development projects in the City and which is not subject to abatement or reduction. 2.12 "Effective Date" means the later to occur of (a) the effective date of the City ordinance authorizing execution of this Agreement, or (b) the date of adoption of the last official action requued to annex all of the area described in the Specific Plan into the City in the manner provided by law. The Effective Date of this Agreement is October 8, 1992. 2.13 "EIR" means an environmental impact report .for the Project certified by the City Council on February 12, 1991 pursuant to Resolution No. 91-2 in accordance with the provisions of CEQA. 2.14 "Exchange BLM Land" means the approximately one hundred sixty (160) acre area in Phasing Area II, which is more. particularly described in Exhibit "B" hereto, that is not presently owned by Developer but may be acquired by Developer and added to the area subject to this Agreement pursuant to Section 3.4. I 2.15 "Existing Development Approvals" means those Development Approvals in effect on the Approval Date of this Agreement with respect to the Property, including but not limited to the Specific Plan, E1R and Prezoning Approval. Rr 2.16 "Existing Land Use Regulations" means the Existing Development Approvals and, to the extent applicable and not inconsistent with the Existing Development Approvals, the City's rules, regulations, and official policies governing development, density, permitted uses, growth management (including but not limited to regulation of the rate of development, relative quality of development or facilities level of service standazds), environmental considerations and design criteria, taxes and fee programs, including, without limitation, the City's general plan and zoning, subdivision and building regulations, whether adopted by the City Council or by the voters in an initiative, which are in effect as of the Approval Date hereof. 2.17 "Government Code" means the California Government Code, as amended. 2.18 "Index" means the Engineering News Record Construction Cost Index (20- City Average) published by McGraw-Hill Inc., or if such Construction Cost Index ceases to be published, then such other index as the City and Developer may reasonably agree upon as a measure of the change in costs of construction of public improvements. 2.19 "LAFCO" means the Riverside County Local Agency Formation Commission or any successor thereto regarding annexation. 2.20 "Mortgage" means a mortgage, deed of trust, sale and lease back arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security, contracted in good faith and for fair value. 2.21 "Mortgagee" means the holder of the beneficial interest under a Mortgage or the owner of the Property, or interest therein, under a Mortgage. 2.22 "Nature Pazk" means the approximately 230 acre nature park designated in the Specific Plan which shall be owned and maintained by entities other than the City (including City's Landscaping and Lighting District formed pursuant to Resolution No. 88- 27). 2.23 'Pazks Concept Plan" means the concept plan for pazk improvements included as Exhibit "D" to this Agreement. 2.24 "Prezoning Approval" means the approval on February 12,1991 of rezoning of the Project Area to SPA (Specific Plan Area) pursuant to the City's Ordinance No. 909 adopted by the City Council on February 12, 1991. 2.25 'Phasing Area" means an area shown in the phasing maps that are included in Article 18 of the Specific Plan. The Specific Plan designates Phasing Areas I, II, III, TV and V. R 2.26 "Potential Additional Areas" means the approximately thirty five ~35) acre area in Phasing Area V, which is more particularly described in Exhibit "C" hereto, and the out parcels indentified as A-1, A-2 and A-3 in the EIR that aze not presently owned by Developer but may be acquired by Developer and added to the area subject to this Agreement pursuant to Section 3.4. 2.27 "Project" means the Development of the Property contemplated by the Existing Development Approvals and this Agreement and the Specific plan. 2.28 "Property" means the real property which is the subject of this Agreement and which is described in Exhibit "A" hereto. The Property may also include the Exchange BLM Land and/or the Potential Additional Areas as provided in Section 3.4. 2.29 "Specific Plan" means the North Peak Specific Plan approved by the City Council on February 26, 1991 pursuant to Ordinance No. 908, including those portions of the Mitigation Monitoring Program adopted therewith that are applicable to the Property and the Conditions of Approval for Specific Plan 90-2 attached as Exlu'bit "E" hereto. 2.30 "SR 74 Cooperative Agreement" means that certain Cooperative Agreement for the Widening and Improvement of a Portion of State Route 74, that is proposed to be entered into between the City and the Riverside County Transportation Commission. 2.31 "Substantial Compliance" for the purposes of this Agreement and periodic review hereunder means the party has sufficiently followed the terms of this Agreement so as to carry out the intent of the parties in entering into this Agreement. 2.32 '"Turn Key" means the design, engineering and construction relating to completion and acceptance of all improvements to a Community Pazk in accordance with Existing Land Use Regulations and dedication of such improvements to the City provided that such improvements and the costs of the design, engineering and construction relating to completion and acceptance of such improvements shall not exceed the limitations provided in Section 4.1.4. 3. RECITALS 3.1 Pro a .The Developer is the fee owner of the Property which is more particularly described_in Exhibit "A" hereto. 3.2 Legal Authority. Government Code Section 65864 et ec,~c .. authorize the City to enter into development agreements in connection with the development of real property 4 in the City or its sphere of influence. This Agreement is made and entered into pursuant to those provisions of .state law and city ordinances, policies, regulations and provisions for consideration of development agreements. t 3.2.1 Approval of Development Agreement. On August 19, 992, the Planning Commission of City, after giving notice pursuant to Government Code sections 65854, 65854.5, 65856 and Section 17.92.020 of the City of Lake Elsinore Municipal Code, held a public hearing on the application for this Agreement. The City Council, after providing public notice as required by law, similarly held a public hearing on August 25, 1992. On August 25, 1992 (the "Approval Date"), the City Council adopted an Ordinance No. 938 approving this Agreement, second reading of the Ordinance was approved September 8, 1992 and Ordinance No. 938 thereafter took effect on October 8, 1992 (the "Effective Date"). 3.3 Operative Upon Annexation. A substantial portion of the Property is within the City's sphere of influence and all of the Property is the subject of proceedings before LAFCO for incorporation into the City. This Agreement shall not become operative unless and until annexation proceedings annexing the Property into the City are completed on or before January 1, 1993 or any extension of that date as City and Developer may agree upon. If annexation of the Property into the City is not completed by such date or any agreed extension thereof, then this Agreement shall be null and void and the parties and Property shall have no further rights and obligations hereunder. In such event, City will join in any release or other document requested to clear title to the Property. Annexation of the Property into the City was completed August 11, 1992 by City Council adoption of Resolution No. 92-57 ordering territory designated Annexation No. 54 annexed into the City. 3.4 Additional Lands. Although Developer does not presently hold a legal or equitable interest in the Exchange BLM Land or the Potential Additional Areas, it is anticipated that Developer may acquire a legal or equitable interest in such lands or portions thereof which shall thereupon become subject to the terms and conditions of this Agreement. The parties shall execute and record such documents as may be necessary to subject those properties to the encumbrance of this Agreement. The addition of those properties to the Property which is the subject of this Agreement shall be treated as an operating memorandum under Section 7.3 and shall not constitute an amendment to this Agreement. 3.5 Consistency Finding. By approving and executing this Agreement, the City finds that its provisions aze consistent with the City's General Plan and with the Specific Plan, and the City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of the City's present and future residents, property owners and taxpayers. The Development has been analyzed and reviewed by the City as part of its process of granting development approvals, in view of the enacted land use standazds and policies of the City embodied in its Existing Land Use Regulations and in view of State law including, without limitation, CEQA. 5 3.6 Status of Project. The Developer is in the process of planning, financing and preparing for the Development, which is a lazge scale, mixed use, phased development in accordance with the Specific Plan of not more than 4,621 dwelling units and related schools, open space, recreational and commercial uses on approximately 1,965 acres to be annexed into the City and which is more particulazly descn'bed in the Specific Plan and the EIIt. Pursuing the Development as contemplated by the Specific Plan and providing the mitigation set forth in the EIR will require major investment and expenditures by the Developer in public facilities and on-site and off-site improvements. 3.7 Consideration. The City has determined that entry into this Agreement will further the goals and objectives of the City's land use planning policies, by eliminating uncertainty in planning for the orderly development of the Project, to the end that adequate long term plans regarding the provision of necessary infrastructure for existing and future city residents can be developed and implemented.. The City has further determined that entry into this Agreement will provide the maximum effective utilization of the resources of the City, at the least economic cost to its citizens. Without limiting the generality of the foregoing, the benefits conferred pursuant to this Agreement (including but not limited to the matters set forth in Section 4 below) will help increase traffic capacity for the road system of the City and will facilitate the installation of certain other vital public improvements, all of which will significantly promote the health, safety and general welfare of present and future residents of the City. In exchange for these benefits to the City and its residents, the Developer wishes to receive the assurances permitted by State law that the Developer may proceed to develop the Project in accordance with the Specific Plan, and at a rate of development of its choosing, subject to the terms and conditions of this Agreement. The rights, duties, obligations and assurances provided by the City and the Developer to each other in this Agreement are being provided pursuant to and as contemplated by State law, aze bargained for and in consideration for the undertakings of the parties, and are intended to be-and have been relied upon by the parties to their detriment, such that the Developer will be deemed to have a vested interest in the Specific Plan, which will be the controlling land use plan for the Project. 4. DEVEI.oPER PROVIDED AMENITIES 4.1 Description of Amenities. The following amenities, improvements and payments provided by the Developer and others during the planning, financing and Development of the Project, will result in substantial general public benefit to be delivered as part of the consideration for City's entry into this Agreement. That additional consideration is descn'bed in detail in the following subsections of this Section 4 and is summarized as follows: 6 - __ ,~ 3,600,000 + Index 1,500,000 .. + Index 100,000 + Index 225,000 7,162,550 est. 1,021,000 Turn Key Park Improvements Turn Key Fire Station Improvements Community Based Policing Feasibility Study Payments ~i DAG Fees (based on an average $1,550/du for 4,621 dwelling units.) DAG Fees ($1,000/du extra for units 3,601 through 4,621) $ 13,608,550 Total Additional Consideration (est.) The above amounts are an estimate of the additional consideration received as a result of its entry into and performance of this Agreement. As provided in the following detailed provisions the actual amount will increase or decrease depending on inflation factors (the Index), total units built and the time of construction. 4.1.1 Development Agreement Fee. At the time of issuance of a residential building permit for construction within the Property, the party seeking such permit shall pay to the City a Development Agreement Fee ("DAG") in an amount per residential unit as shown below plus an additional $1,000 per residential unit for each of the 3,601st through 4,621st units for which building permits are isued for construction on the Property. The amount of the DAG payable for each residential building permit will be determined by the date on which application for such building permit is made to the City. Residential Building Permit Application Date DAG Amount' Prior to 3rd Anniversary of the Effective Date $1,000 per dwelling unit Prior to 6th Anniversary of the Effective Date $1,250 per dwelling unit Prior to 9th Anniversary. of the Effective Date $1,500 per dwelling unit Prior to 12th Anniversary of the Effective Date $1,750 per dwelling unit Prior to 15th Anniversary of the Effective Date $2,000 per dwelling unit Prior to 18th Anniversary of the Effective Date $2,250 per dwelling unit Prior to 20th Anniversary of the Effective Date $2,500 per dwelling unit 'Add $1,000/du for 3,601st through 4,621st dwelling units For example, a DAG of $1,000 shall be paid for each residential building permit applied for prior to the 3rd anniversary of the Effective Date, whereas a DAG of $1,250 shall be paid for residential building permit applied for on or after the 3rd anniversary but prior to the 6th anniversary of the Effective Date. The DAG amount will be increased by $1,000 for the 3,601st through 4,621st units. Thus, if the 3,601st residential building permit is applied for between the 3rd and 6th anniversary dates of the Effective Date, then the DAG amount for such 3,601st residential building permit shall be $2,250 ($1,250 + $1,000). The DAG will constitute the sole DAG that a parry seeking residentialibuilding permits within the Project will be required to pay. Non-residential development(shall be exempt from any DAG. The DAG will be used at the City's discretion to fund the cost of public capital facilities and improvements including, without limitation, park facilities, recreation facilities and municipal buildings, regardless of the location of those facilities or their benefit to the Project. Upon request by the Developer, the City will provide the Developer with a periodic accounting setting forth the amount of the DAG levied and collected by the City pursuant to this Agreement. 4.1.2 Feasibili , Studies. (a) Within six (6) weeks after the Effective Date hereof, the Developer will pay the sum of $100,000 to the City, which will be used for the purpose of preparing improvement studies, in coordination with the Riverside County Transportation Commission and CalTrans, and funding other obligations of the City pursuant to the SR 74 Cooperative Agreement with respect to the planning and development of SR 74 from Interstate 15 to Riverside Drive (the "SR 74 Corridor"). Such $100,000 payment shall be reduced by a credit for any amounts previously expended by Developer for costs and expenses relating to the SR 74 Cooperative Agreement and the project described therein. (b) Within six (6) months after the Effective Date, the Developer will pay an additional sum of $100,000 to the City which will be used by the City to study and (i) to prepare appropriate reports and documents relating to the annexation into the City of certain lands commonly known as Part II of the SR 74 Annexation Areas, and (ii) to prepare studies and implementation documents relating to a benefit assessment district, bridge and thoroughfare fee district or other appropriate financing mechanisms for the construction of the SR 74 Corridor project. Such $100,000 payment shall be reduced by a credit for any amounts previously expended by Developer to the City in connection with the proposed annexation of the Part II of the SR 74 Annexation Areas. (c) Any credits for amounts previously expended as of the Approval Date by Developer for the purposes provided in Sections 4.1.2(a) and (b) above shall be agreed upon by Developer and the City Manager and attached as Exhibit "F' hereto as of the Approval Date. Such Exhibit "F' shall be an operating memorandum within the meaning of Section 7.4 below. (d) As provided in Section 9.9 below, Developer may advance $25,000 for State Highway 74 Concept Landscape Plans. 8 j __ i 4.1.3 School Sites. The Developer will reserve for and offer to convey to the relevant elementary school district,. (i) a school site in Phasing Area I of the Project, (ii) a school site in Phasing Area III of the Project, which shall be contiguous to the Phase III Park site referred to in Section 4.1.4(b) and (iii) a school site in Phasing Area 1V of th ~ Project, which will be contiguous to the Phase N Park site referred to in Section 4.1.4~c). The Developer will convey such school sites on such terms and conditions as are mutually agreed between the Developer and the relevant elementary school district. Such reserved elementary school sites shall be 10.0 net flat usable acres in size if the size and configuration of such sites is not otherwise provided for in agreements between the Developer and the relevant elementary school district. 4.1.4 Park Sites. The following provisions regarding park land dedication will satisfy and exceed the Project's obligations under the Quimby Act or the applicable City ordinances. In consideration of Developer's expenditures for park improvements as provided in the following provisions of this Section 4.1.4, the Project shall be exempt from any other Development Exaction for park land acquisition or improvements. (a) Phase I Park. Subject to the provisions of this Section 4.1.4(a), the Developer will convey to the City, concurrently with the opening of the first model complex in Phasing Area I, a Turn Key Community Pazk site in Phasing Area I which shall include only those types of facilities specified in the Parks Concept Plan; provided, however, that the Developer will not be required to spend more than the lesser of $100,000 per park acre or $1,400,000 for the entire Phase I Pazk with respect to all of the Phase I Park facilities, including grading, irrigation, hydroseeding, landscaping and recreational facilities and related design, engineering and construction costs. The foregoing dollar amounts shall be adjusted to reflect the percentage increase in the Index between the Effective Date and the date Developer commences improvements to the Phase I Park. Any remaining costs of improvement of the Phase I Pazk site will be funded by the City. The Phase I Park Site shall be developed in accordance with applicable Existing Land Use Regulations and the Pazks Concept Plan. The precise layout and design of facilities located within the Phase I Park shall be determined, consistent with the Parks Concept Plan by a consultant retained by Developer and approved by the City, and City shall approve such design, within sixty (60) days following recording of the first subdivision map for Phasing Area I of the Project. (b) Phase III Park. Subject to the provisions of this Section 4.1.4(b), the Developer will convey to the City, prior to issuance of the 1,900th residential building permit in the Project, a Turn Key Community Park site in Phasing Area III, which shall include only those type of facilities specified in the Pazks Concept Plan; provided, however, that the Developer will not be required to spend more than the lesser of $100,000 per park acre or $1,700,000 with respect to all of the Phase III Pazk facilities, including grading, imgation, hydroseeding, landscaping and recreational facilities and related design, engineering and construction costs. The foregoing dollar amounts shall be adjusted to reflect the percentage increase in the Index between the Effective Date and the date Developer 9 commences improvements to the Phase III Park. Any remaining costs of improvement of the Phase III Pazk site will be funded by the City. The Phase III Park site will be developed in accordance with applicable Existing Land Use Regulations and the Pazks Concept Plan. The precise layout and design of facilities located within the Phase III Pazk "hall be determined, consistent with the Parks Concept Plan, by a consultant retained by D~veloper and approved by the City, and City shall approve such design within sixty (60) days after recording of the first subdivision map for Phasing Area III. The Phase III Park shall include a fire station site as provided in Section 4.1.5 below. (c) Phase IV Park. Subject to the provisions of this Section 4.1.4(c), the Developer will convey to the City, prior to issuance of the 3,OOOth residential building permit in the Project, a Turn Key Community Park site in Phasing Area IV which shall be rough graded and hydro seeded and include such other facilities as the City may require; provided, however, that the Developer will not be required to spend more than $500,000 with respect to all of the Phase IV Park facilities, including grading, irrigation, hydro seeding, landscaping and recreational facilities and related design, engineering and construction costs. The foregoing dollaz amount shall be adjusted to reflect the percentage increase in the Index between the Effective Date and the date Developer commences improvements to the Phase IV Park.Any remaining costs of improvement of the Phase IV Park Site will be funded by the City.. The Phase IV Park Site will be developed in accordance with applicable Existing Land Use Regulations and the Parks Concept Plan. The precise layout and design of facilities located within the Phase IV Pazk Site shall be determine, consistant with the Pazks Concept Plan, by a consultant retained by Developer and approved by the City, and City shall approve such design within sixty (60) days after recording of the first subdivision map for Phasing Area IV. (d) Nature Park. In partial satisfaction of the Project's obligations under the Quimby Act or the applicable City Ordinance, the Developer shall (i) transfer to a public benefit corporation or to a public ~ entity other than the City or anylandscaping and lighting district or other governmental body ', organized by the City, a 34 acre parcel of the Nature Pazk in Village II prior to issuance of the 1,900th residential building permit in the Specific Plan azea; and (ii) transfer to a public benefit corporation or to a public entity other than the City or any landscaping and lighting district or other governmental body organized by the City, the remaining 196 acres of the Nature Pazk prior to issuance of the 3,OOOth residential building permit in the Specific Plan area. The portion of the Nature Park transferred pursuant clause (i) above shall include at least twenty-five (25) acres easily accessible public park area pursuant to City standards, available for passive uses such as picnic areas, trails, tot lots or other turfed azeas. Such 25 acres of public park uses shall be credited to compliance with the City's park dedication standards. Developer shall have no obligation to pay for or construct improvements on such land. 10 __._ I 4.1.5 Fire Station. A portion of the Phase III Park land conveyed to the City shall be designated for the construction of a three engine fire station. The location of the fire station within the Phase III Park shall be approved by the City Mana~er. The precise layout and location of the fire station site within the Phase III Park shall be approved by the City and the Riverside County Fire Department (if the City has not assumed responsibility for fire protection services) in connection with the approval of any subdivision map creating the Phase III Park Site. Prior to occupancy of the first dwelling unit in Phasing Area III of the Project, Developer shall complete the dedication, and commence construction and equipping of a three engine station building together with fire engines and related equipment required for two engine companies or such lesser level of building and equipment as the City may later approve as consistent with its fire protection services standards (the "North Peak Fire Facilities"). In their design of the North Peak Fire Facilities, the City and the Riverside County Fire Department (if the City has not assumed responsibility for fire protection services) may include facilities and equipment to support community based policing for the Project (the "North Peak Police Facilities"). Developer will not be required to spend more than $1,500,000 for all costs related to the North Peak Fire Facilities and $100,000 for all costs related to the North Peak Police Facilities (which amounts shall be adjusted to reflect the percentage increase in the Index between the Effective Date and the date Developer commences the construction of improvements or conveys land for the North Peak Fire Facilities). Any remaining costs of the North Peak Fire Facilities and/or North Peak Police Facilities shall be funded by the City or other appropriate authority. Such amounts for the North Peak Fire Facilities shall be the only charge against the Developer or the Project for fire protection facilities and equipment. Developer and the Project shall be exempt from any other Development Exaction for fire protection facilities and equipment. Developer's commitment in this Agreement to pay such amount for fire protection facilities and equipment constitutes an adequate funding mechanism as required by Paragraph 97 of the Mitigation Monitoring Program adopted with the Specific Plan and the requirements of such Pazagraph 97 are hereby deemed satisfied. To the extent such amounts for North Peak Police Facilities are expended for items that are included in any police protection fee imposed on development in the Project, an appropriate credit against such fees shall be provided to avoid double payment for such Police Facilities. 4.1.6 Affordable Housine. The Developer will provide a number of affordable housing units within the multifamily zones of the Specific Plan pursuant to California Health and Safety Code Sections 50079.5 and 50105 equal to the lesser of 231 residential units or 5% of the total residential units constructed in the Project. The density of multifamily zones containing affordable housing maybe increased up to 30 dwelling units per net developable acre and be constructed up to three (3) stories subject to design review, in accordance with the criteria set forth in the Specific Plan. 1f azea within the multifamily zones prove deficient, areas within Village Commercial or Village Residential zones shall be utilized. Affordable housing constructed in Village Commercial zones may have a density of 16 to 30 dwelling units per net developable acre and affordable housing constructed in Village Residential zones may have a density of 12 to 20 dwelling units per net developable acre. The total number of affordable units in the low and very low income ranges, as 11 determined by the County median average, shall be the lesser of 138 residential units or 3% of total residential units constructed in the Project. The affordable mix between low and very low income ranges shall be based on the current Housing Element standards. Construction of affordable housing shall be commenced prior to issuance of thei 2,300th residential building permit and shall be completed prior to issuance of the 3,450th residential building permit. Any density bonus obtained because of the development of affordable housing (i) shall not increase the 4,621 dwelling units within the Specific Plan and (ii) shall not be counted for purposes of calculating the maximum dwelling units permitted in any Village pursuant to Section 21.3 of the Specific Plan. The Developer will be responsible for implementing changes that from time to time may occur to the City's Housing Element, where such changes occur on a city wide equitable basis, provided that such changes do not (i) increase the number of affordable housing units that must be constructed on the Property or (ii) impose any fees for affordable housing, day care or the provision of facilities or services related to affordable housing. The affordable units shall remain in the affordable categories until (i) the Project is completed at which time the low and very low income units can be reduced to a number not exceeding 5% of the total units in the Project and (il) as to all other units, as long as the City of Lake Elsinore has a regional affordable housing requirement. The City will assist the Developer in providing its fair share of affordable housing by providing access to available redevelopment set aside funds at the outset of the developer's affordable housing project. Other economic incentives such as bond assistance, reduction of development standards, etc., may be offered at the discretion of the City. The parties acknowledge that broad dispersion of affordable housing units within the City may be aided by the construction of a portion of the above referenced units at locations in the City ~ other than the Project. Further, the parties acknowledge that Developer is willing to provide affordable housing units elsewhere in the City earlier than such units could be provided within the Project, subject to the availability of appropriate assistance from the City's redevelopment agency. The parties agree to meet and confer regarding such affordable housing development with the understanding that if such units are developed elsewhere in the City aunit-for-unit credit will be given against the units required to be developed on the Project.. 5. DURATION OF AGREEMENT 5.1 Ternt. Pursuant to Government Code Section 64865.2, the duration of this Agreement will be for 15 calendar years from and after the Effective Date hereof subject to extension by the amount of any permitted delay as provided by Section 10 below. The 15 year duration of this Agreement shall be automatically extended to 20 years upon the issuance of the 2,OOOth residential building permit within the Project. 12 __ __ 5.2 Scheduline. Although Development of the Project will be undertaken as soon as reasonably practicable, the City and the Developer acknowledge that the Developer cannot at this time accurately predict the time schedule within which Development of the Project will occur, except that it is in the Developer's present reasonable expectation that it will be completed within the aforementioned 20.year period. Decisions with respect to the rate of Development of the Project will depend on a number of circumstances not within the control of the Developer including, without limitation, market factors, demand, the state of the economy and other matters. Therefore, so long as Development of the Project occurs in a manner consistent with the City's Existing Land Use Regulations and this Agreement, it is the intent of the parties that the Developer will have the right to pursue the Development of the Project at the. rate and in the sequence deemed appropriate by the Developer within the exercise of its sound business judgment and that no regulation of the rate of Development shall be applicable to the Project. 5.3 Certification of Completion. For purposes of this Agreement, completion of the Project will mean the date on which a certificate of occupancy or comparable instrument issued by the City for the last improvement or structure constructed pursuant to this Agreement. Promptly upon completion of the Project, the Developer will submit a draft certification of completion for review by the City.. Upon review, the City will provide the Developer with a letter of completion so certifying. This certification will be a conclusive determination that the obligations of the Developer pursuant to this Agreement have been met. The certification will be in a form that will allow it to be recorded in the Records of the Riverside County Recorder and effect a release and extinguishment of the encumbrance of this Agreement. A release, issued by City in accordance with Section 17.4 herein, shall act as a conclusive determination that the obligations of Developer pursuant to this Agreement have been met with respect to a portion of the Property so released. 5.4 Termination. This Agreement will be deemed terminated and of no further force and effect upon. the first to occur of (i) certification of completion pursuant to Section 5.3 or (ii) expiration of the term of this Agreement, (iii) Developer's election to terminate pursuant to Sections 5.5, 8.5, and 8.6 inclusive (iv) termination pursuant to Section 8 below. 5.5 Periodic Review. (a) The City shall, in accordance with applicable State law, review this Agreement at least once every 12 months from and after the Effective Date hereof and the City may initiate additional review of this Agreement at City's discretion exercised not less than 6 months from the last periodic review. During each such periodic review, the City and the Developer will have the duty to demonstrate their good faith compliance with the terms and conditions of this Agreement. Both parties agree to furnish such evidence of good faith compliance as may be reasonably necessary, or required. The City's failure to review the Developer's compliance with this Agreement, at least annually, will not constitute or be asserted by either party as a breach by the other party. Such 13 periodic review shall be limited in scope to the good faith Substantial Compliance by the Developer and the City with the terms of this Agreement. A finding by City of good faith Substantial Compliance by Developer and the City with the terms of this Agreement shall conclusively determine said issue up to the date of such finding. ~ (b) City shall deposit in the mail to Developer a copy of all staff reports, and to the extent practical, related exlu'bits concerning contract performance under this Agreement a minimum of thirty (30) calendaz days prior to any such review or action upon this Agreement by City. Within thirty (30) days following receipt of such notice, Developer shall pay to City a processing fee of $1,000 to defray City's costs of the periodic review being conducted. Upon request by Developer, Developer shall be permitted an opportunity to be heard orally and in writing regazding its performance under this Agreement at any review on the Agreement. (c) Developer's duty to demonstrate its good faith Substantial Compliance shall be satisfied by the presentation to City of (i) a written report identifying Developer's performance or the reasons for its non-performance excused pursuant to the terms of this Agreement or (ii) oral or written evidence submitted at the time of review. The parties recognize that this Agreement and the documents incorporated herein could be deemed to contain thousands of requirements (i.e., construction standazds, landscape standards, etc.), and that evidence of each and every requirement would be a wasteful exercise of the parties' resources. Accordingly, Developer shall be deemed to have satisfied its duty when it presents evidence on its good faith and Substantial Compliance with the major provisions of the Specific Plan and the uses, numbers, types, densities, heights and sizes of structures completed and any reservations and dedications to the City. Generalized evidence or a statement shall be accepted in the absence of evidence that such evidence is untrue. Either party may address any requirement of this Agreement; provided, however, that City shall provide thirty (30) days written notice to Developer of any requirement it desires to be addressed: If, at any time of review an issue not previously identified in writing is required to be addressed by City, the review, at the request of either party, shall be continued to afford sufficient time for analysis and preparation. (d) In the event that City, after compliance with the requirements of Section 5.5(a) through (c) inclusive, finds that Developer has failed to perform any material term or provision of this Agreement, such failure may be treated as an event of Default. Upon such written determination by the City, Developer shall have a period of thirty (30) days following the written determination of City Council to cure any such failure to perform; provided, however, that if the nature of the failure of performance is such that it cannot be cured within such period, then the diligent prosecution to completion bf the cure shall be deemed to be a cure within such period. Any notice by City during periodic review of Developer's failure to perform any material term or provision of the Agreement shall specify in detail the nature of the alleged failure to perform and the manner in which such failure may be satisfactorily cured in accordance with this Agreement. During the time period herein specified for the cure of a failure of performance, the 14 Developer will not be considered to be in default for purposes of termination of this Agreement, or for purposes of institution of legal proceedings with respect thereto. (e) If, after compliance with the requirements con arced in Section 5.5(a) through (d) inclusive, City .finds that Developer has failed to perf~brm any material term or provision of this Agreement, such failure may be the basis for City modification of the Agreement, provided that (i) any modification shall only be to the extent necessary to protect the health and safety of the community as opposed to any other alternative; and (ii) Developer shall have a right of judicial review as provided for in Section 13.1(e); and (iii) Developer shall have the right, within ten (10) days of City's notice of modification of the Agreement or within ten (10) days of any final judgment in the event of judicial review of any modification of the Agreement to Terminate the Agreement. Developer's termination under this Section 5.5 shall not affect Developer's obligations with respect to any term or provision Developer was required to ,perform prior to the Periodic Review. Termination of this Agreement pursuant to this provision will not affect any right or duty created by the then-existing City entitlement or approval with respect to the Project, but the rights and obligations of the parties hereunder shall otherwise cease as of the date of such termination. (f) Developer may seek judicial review of any finding by City of failure of Developer to demonstrate in good faith Substantial Compliance under the terms of this Agreement under this Section. Any such legal action shall be commenced in the Superior Court of Riverside County. In any judicial proceeding, the Court shall apply the standard of judicial review in cases affecting vested rights. 6. VESTED RIGHT 6.1 Vestin¢. By entering into this Agreement and relying thereon, the Developer is obtaining the vested right to proceed with Development of the Project in accordance with the Existing Land Use Regulations, this Agreement, and any remaining Development Approvals adopted by the City as provided in Section 8 below. By entering into this Agreement and relying thereon, the City is .securing certain public benefits which help to alleviate potential problems in the City and enhance the public health, safety and welfare of existing and future City residents. ht view of the foregoing, the City agrees to the following: 6.1.1 No Conflicting Enactments. Neither the City Council nor any other agency, department, elected official, employee or executive of the City will enact, or assist in the adoption by initiative of, any ordinance, policy, rule, regulation or other measure applicable to the Project which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or which is otherwise in conflict with this Agreement and the vested right of Developer to proceed with Development of the Project in accordance with the Existing Land Use Regulations, this Agreement and any remaining Development Approvals adopted by the City as provided in Section 8 below. In addition 15 ..-. to and not in limitation of the foregoing, no moratorium or other limitation (whether relating to the rate, timing or sequencing of the Development of all or any part of the Project, the Existing Land Use Regulations, and Development Approvals adopted as provided in Section 8 below, and whether or not enacted by initiative, referendum or otherwise), affectt~g parcel or subdivision maps, building permits, site development permits, special use permits, occupancy certificates or any other entitlement to use, which has been approved, issued or granted in the City, or in parts of the City, will apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement and the vested right of Developer to proceed with Development of the Project in accordance with the Existing Land Use Regulations, this Agreement and any remaining Development Approvals adopted by the City as provided in Section 8 below. 6.1.2 Citizen Initiative. Notwithstanding the foregoing, if an ordinance, general plan or zoning amendment, measure, initiative, referendum, moratorium, policy, rule, regulation or other limitation enacted by citizens of the City through the initiative process, is determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, then the Developer will have no recourse against the City pursuant to this Agreement other than for breach of Sections 6.1.1 and 9.7, but will retain all other rights, claims and causes of action at law or in equity which the Developer may have independent of this Agreement. However, the foregoing will not be deemed to limit the Developer's right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation. The foregoing will also not be deemed to limit the effect of Section 19.7. 6.1.3 Gr dine. Without limiting the effect of any other provision of this Agreement, the Developer will have the right to obtain a grading permit based on an approved tentative map and begin grading the Property prior to recording of any Final Map. City approval of grading permits will not be unreasonably denied based on season or date, provided that the Developer agrees to comply with all required precautions, to use due care in its grading activities and to take reasonable steps to prevent erosion, slippage and dangerous run off conditions. 6.2 Benefit of an Earlier Vestine. Nothing contained in this Agreement shall serve to limit Developer's obtaining of a vested right to proceed with the Project or any portion thereof pursuant to the provisions of the state or federal constitution or decisional law. GENERAL DEVELOPMENT OF THE PROJECT 7.1 Project. While this Agreement is in effect, Developer shall have a vested right to Develop the Project in accordance with the terms and conditions of this Agreement, and in accordance with, and to the extent of, the Existing Land Use Regulations and any subsequent Development Approvals approved by the City as provided in this Agreement. Except as otherwise provided in this Agreement, the Existing Development Approvals will 16 - - _ ___ control the overall design and Development of the Project and all on-site and off-site improvements and appurtenances in wnnection therewith, including, without limitation, all mitigation measures required in order to minimize or eliminate materialR adverse environmental impacts caused by the Project. The permitted uses of the Property, the density and intensity..of use, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes and other terms and conditions of Development applicable to the Property will be those set forth in this Agreement and the Existing Development Approvals or as may otherwise be mutually agreed upon by the parties. The Project shall be configured generally as indicated on the Specific Plan. The location of the improvements shall be generally as indicated on the Specific Plan; provided, however, that the Specific Plan placement and location of improvements including common area facilities, roadways and landscaping as shown on said plan is descriptive only and may be varied, amended, changed or modified at the election of the Developer, with approval of the City Manager, in accordance with the applicable provisions of the Existing Land Use Regulations. Such right of approval is to ensure compliance with the Specific Plan and Existing Development Approvals, and to ensure that amendments to the Specific Plan to not adversely affect compatibility with off-site improvements. The number of residential units actually constructed in any planning unit may vary in accordance with the provisions of the Specific Plan. 7.2 Phasing of Developments. No moratoriums or ordinances imposing limitations on the number of building permits which maybe issued by City shall apply to the Property unless a finding is made in accordance with Section 8.6. City specifically acknowledges that Developer's discretionary control over timing and phasing of construction is a vested right provided to Developer under this Agreement. 7.3 Reservations or Dedications. Reservations or dedications of portions of the Property may, from time to time, be required by the City in accordance with or as part of subdivision map approvals for the remainder of the Property. Such reservations or dedications shall be imposed in accordance with the Exacting Land Use Regulations. For the purposes of this Section 7.3 and any subsequent subdivision map approvals, any reference to "dedication" or "reservation" of land shall be construed to include the acquisition of such land by a Mello-Roos Community Facilities District, or other financing district at a purchase price equal to the fair market value thereof. Accordingly, any land "dedicated" or "reserved" to the City or other public entity pursuant to a subdivision map approval may, at the City's option, be purchased by a Community Facilities District (or other financing district) formed over the Property to the extent funds are legally available to such purpose. 7.4 Operating Memoranda and Amendments. The parties acknowledge that the passage of time may demonstrate that changes are necessary or appropriate with respect to the details of each party's performance under this Agreement. Because the parties desire to retain a certain degree of fle~nbility with respect to the details of each party's performance pursuant to this Agreement, if and when the parties find that changes are necessary or appropriate, they will, unless otherwise required by law, effectuate such changes or 17 I adjustments through operating memoranda approved and executed by the Developer and by the City Manager or his designee on behaff of the City. Each such operating memorandum will be attached hereto as an addendum and become a part hereof, and may be further changed from time to time as necessary or appropriate, as provided in this Section. No such operating memorandum will be deemed to be an amendmejt of this Agreement under Government Code Section 65868 and unless otherwise required by law, no such operating memorandum will require prior notice or hearing. Notwithstanding the foregoing, the following matters will not be considered as appropriate subjects of operating memoranda, but will be considered substantive amendments which must be reviewed by the Planning Commission of the City and approved by the City Council. 7.4.1 Alteration of Permitted Uses. Alteration of the permitted uses of the Property except to the extent permitted by this Agreement or the Specific Plan. 7.4.2 Increase in Density or Intensity. Increase in the density or intensity of use or number of buildable lots except to the extent permitted by this Agreement or the Specific Plan. 7.4.3 Increase in Height and Size. Increase in the maximum height and size of permitted buildings except to the extent permitted by this Agreement or the Specific Plan. 7.4.4 Deletion of Reservation Requirements. Deletion of a requirement for the reservation or dedication of land for public purposes, except for minor boundary adjustments approved and executed by the City Manager or his designee on behalf of the City and except to the extent permitted by this Agreement or the Specific Plan. 7.4.5 Supplemental Environmental Impact Reports. Any amendment or change requiring a subsequent or supplemental Environmental Impact Report pursuant to Public Resources Code Section 21166. 8. RULES. REGULATIONS AND OFFICIAL POLICIES 8.1 Effect of Agreement on Land Use Re ations. The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings and the design, improvement and construction standards and specifications applicable to the development of the Property aze those rules, regulations and official policies in force as of the Approval Date as set forth in this Agreement and the Existing Land Use Regulations. City agrees that during the term of this Agreement, Developer shall have the vested right to proceed with Development of the Property in accordance with the Existing Land Use Regulations, this Agreement and any remaining Development Approvals adopted by the City as provided in this.Section 8. In connection with any Development Approval which the City is permitted to give under this Agreement with respect to the Project, or otherwise under the Existing 18 :, ,~; Land Use Regulations, the City will exercise its discretion or take action in a manner which is as expeditious as possible and which complies and is consistent with the Existing Development Approvals and the standards, .terms and conditions contained in this Agreement, and in a manner which will not interfere with the Development of the Project for the uses permitted therein, and to the height, density and intensity specified in this Agreement and in the Existing Development Approvals, and at the rate of Development selected by the Developer. Subject to Section 9.3, the City will accept for processing and act on all applications for further land use entitlement approvals which are necessary or appropriate with respect to the Project. 8.2 New Rules. Although the City's current rules and regulations governing permitted uses of the Property, density of development and design, improvement and construction will be those rules and regulations in force on the Approval Date of this Agreement (i.e., the Existing Land Use Regulations), this Agreement will not prevent the City from applying the following new rules, regulations and policies: 8.2.1.. Processing Fees. Processing fees and charges adopted by the City and uniformly applied throughout the City to cover the estimated actual costs to the City of processing applications for development approvals, for monitoring compliance with any development approval or for monitoring compliance with environmental impact mitigation measures. 8.2.2 Procedural Regulations. Procedural regulations uniformly applied throughout the City relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. 8.2.3 Regulations Governing Construction Standards. Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code, provided that such construction standards and specifications are applied on a City-wide basis. 8.2.4 Certain Conflicting Re ations. Regulations which are inconsistentwith the Existing Development Approvals or this Agreement if such regulations have been consented to in writing by the Developer. 8.2.5 Non-Conflicting Regulations. In accordance with Government Code section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with the existing rules, regulations and policies set forth in the Existing Land Use Regulations. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of Development (regardless of the mechanism used to so limit the rate and timing of development) of the Property shall be deemed to conflict with the Existing Land Use Regulations and shall therefore not be applicable to the Development of the Property. 19 ',~ ~' This Section 8.2 shall not preclude the application to Development of the Property of changes in City laws, regulations, plans or policies specifically mandated and required (as opposed to permitted) by changes in state or federal laws or regulations. If such changes in state or federal laws prevent or preclude compliance with one or more provisions of this Agreement and implementation of the Development Approvals, the parties agree to take appropriate action pursuant to Section 8.5 of this Agreement. 8.3 Police Power and Taxin Power. The City will not directly or indirectly impose, or enact any additional Development Exaction, through the exercise of either the police power or the taxing power with respect to the Development of the Project except as provided in the Existing Land Use Regulations or in this Agreement. However, nothing in this Agreement will prohibit the adoption and application of (i) a special tax approved by the City's voters, provided that such tax is imposed on a City-wide basis for City-wide or general plan facilities and provided that equitable credits aze provided for any such facilities that have been or will be provided by Developer or the Project through other means, or (ii) future City-wide Development Impact Fees adopted in accordance with Government Code Sections 66000 et sec, and provided that appropriate credits aze provided for fee-financed facilities that have been or will be provided by Developer or the Project through other means. 8.4 Life of Subdivision or Parcel Mans. Pursuant to Government Code Section 66452.6(a), the term of any tentative map approved with respect to the Project shall be extended for the term. of this Agreement. 8.5 State and Federal Laws. (a) If state or federal laws or regulations enacted after the Effective Date hereof, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement will be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however that this Agreement will remain in full force and effect to the extent it is not inconsistent with such state or federal laws or regulations and subject to the following provisions: If state or federal laws or regulations enacted after the Effective Date or the action or inaction of any other governmental jurisdiction prevents or precludes compliance with one or more provisions of this Agreement or requires changes in plans, maps or permits approved by City (including a court decision affecting the validity of development agreements pursuant to Government Code sections 65864, et sue.), the parties shall: (1) provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy and a statement of conflict with the provisions of this Agreement; and (2) promptly meet and confer with the other party in good faith and reasonably attempt to modify or toll this Agreement to comply with such federal or state law or regulation in a manner consistent with the intent and objectives of the Agreement, to the extent feasible. 20 (b) Thereafter, regazdless of whether the parties reach agreement on the effect of such federal or state law or regulation upon this Agreement, the matter shall be scheduled for hearing before the City Council. Ten (10) days written notice of such hearing shall be provided to Developer. The City Council, at such hearing, shall determine the exact modification or tolling which is required by such federal or state law or regulation. Developer, at the hearing, shall have the right to offer testimony. Any modification or tolling shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the City Council. Any suspension or modification may be subject to judicial review in conformance with this Agreement. Notwithstanding the above, this Agreement is deemed to be a valid and legitimate exercise by City of its police power to provide for future public improvements and facilities for the benefit of the health, safety and welfare of City and its residents. (c) If City determines to modify or toll the Agreement, City shall provide Developer with written notice of its decision. Within ten (10) days following written notice to Developer of City's determination of any modification or decision to toll, or any final judgment of a court reviewing any modification or tolling of the Agreement, Developer shall have the right to terminate the Agreement by providing City with notice of such intent to terminate. Developer's termination under this Section 8.5 shall not affect Developer's obligations with respect to any term or provision Developer was required to perform prior to City's notice of its intent to modify or toll the Agreement. The Developer's termination of this Agreement shall not affect any right or duty created by and then-existing City entitlement or approval with respect to the Project, but the rights and obligations of the parties hereunder shall otherwise cease as of the date of such termination. 8.6 Unforeseen Circumstances. If, as a result of facts, events or circumstances presently unlrnown, unforeseeable and which could not have been known to the parties to this Agreement, City determines that the health and safety of City requires the modification, suspension or termination of this Agreement, City shall (1) notify Developer in writing of (a) City's determination, (b) the reasons for City's determination and all facts upon which such reasons are based, and (c) fonvazd to Developer thirty (30) days prior to the hearing referred to below all documents relating to such determination and the reasons therefor; (2) notify Developer, in writing, at least thirty (30) days prior to the date, the time and place of the hearing; and (3) hold a hearing at which Developer shall have the right to offer witnesses, reports and testimony, and further have the right to examine witnesses, City staff or other persons; and (4) make a finding that, based upon cleaz and convincing evidence, it has been established that: (a) the circumstances were unlmown, unforeseeable and could not have been known; (b) the health and safety of the community require the suspension, modification or termination of the Agreement as opposed to any other alternative; and (c) City to the extent feasible has provided Developer with an equitable program to reimburse the Developer for unused fees, and provide equitable reimbursement for dedications and improvements not required by the extent of development as of the date of such suspension, modification or termination. If the City Council should fail to make such findings then this Agreement shall not be so terminated, modified or suspended; and if the 21 City Council should make such findings, Developer shall have the right to file an action in the Superior Court, County of Riverside, challenging such findings. The Superior Court shall utilize the standazd of review applicable in cases involving vested rights. The unforeseen circumstances, which shall cause the operation of this provision shall not be the ~esult of changes in federal or state law or regulation. In the event of changes in federal or tate law or regulation, the provisions of Section 8.5 shall govern. 8.6.1 If, following City determination to modify the Agreement, Developer shall have the right, within ten (10) days of City notification of its intent to Developer to modify the Agreement in writing, or within ten (10) days of any final judgment in the event of judicial review of any modification or suspension, to terminate the Agreement, Developer's Termination under this Section 8.6 shall not affect Developer's Obligations with respect to any term or provision Developer was required to perform prior to any unforseen circumstance which is the basis for City action. The unforseen circumstances which will cause the operation of this provision shall not be the result of changes in federal or state law or regulation. In the event of changes in federal or state law or regulation, the provision of such 8.5 shall govern. 8.6.2 Developer shall have the right to file an action in Superior Court, County of Riverside, challenging any findings the City shall make or action taken with respect to an Unforseen Circumstance pursuant to Section 8.6 hereinabove. The Riverside County Superior Court shall utilize the standards of review applicable in cases involving vested rights in a judicial review. 9. COOPERATION AND COVENANT OF FURTHER ASSURANCES 9.1 Third Party Actions. The Developer and the City will cooperate in defending any action instituted by any third party challenging the validity of any provision of this Agreement or any action taken or decision made hereunder. Developer agrees to assume the lead role in defense of any such action or proceeding so as to minim;~e litigation expenses incurred by the City. In addition, any action instituted by any third party challenging this Agreement or any other permit or approval required fiom the City or any other governmental entity, for the Development of all or any portion of the Project, will constitute a permitted delay under Section 10. Notwithstanding a foregoing, the filing, of any third party action against the City and/or the Developer with respect to this Agreement or any provision hereof, will not be a reason to delay or stop the Development of the Project (including, without limitation, the processing of any application of the Developer with respect to the Development, the issuance of any building permit or the issuance of any certificate of occupancy) unless the third party obtains a court order preventing such activity. The City will not stipulate to the issuance of any such court order. 9.2 Further Assurances. Each party covenants on behalf of itself and its successors and assigns to take all actions and do all things, and to execute with acknowledgments or affidavits if required, any and all documents and writings that may be 22 _. ---. >' necessary or proper to achieve the purposes and objectives of this Agreement. Each parry will take all necessary measures to see that the provisions of this Agreement aze carried out in full. t 9.3 Processine. Subject to the provisions of this Sectio~i, upon satisfactory completion by the Developer of all required preliminary actions and payment of all appropriate filing and processing fees, if any, the Ciry shall, in accordance with the Existing Land Use Regulations, diligently commence and proceed to complete all steps required or necessary for the implementation of this Agreement and the Development of the Project in accordance with this Agreement, and Existing Land Use Regulations including; 9.3.1 Scheduline. Schedule, convene and conclude all required public hearings in an expeditious manner. 9.3.2 Processine. Process and approve all maps, plans, land use permits, building plans and specifications and other applications for approval with respect to the Development of the Project to the extent consistent with the Existing Land Use Regulations and applicable provisions of state law. The Developer will, in a timely manner, provide and/or cause its agents to provide the City with all materials, documents, applications, plans and other information necessary for the City to carry out its obligations hereunder. In order to facilitate the City's performance of its obligations pursuant to this Agreement including, without limitation, its obligations pursuant to this Section 9.3, at the request of the Developer, the City will hire such additional personnel as may be necessary to further expedite the scheduling and processing of the Developer's applications with respect to the Project; provided, however that the Developer will pay the entire cost of any such additional personnel and any such additional personnel will be assigned exclusively to the Project. 9.4 Other Governmental Permits. The Developer will apply in a timely manner for such other permits and approvals as are required by other governmental agencies having jurisdiction over the Project or the development of, or provision of services to, the Project. The Ciry will cooperate with the Developer in its efforts to obtain such permits and approvals. In addition, the City will use its best efforts to assist the Developer in coordinating the implementation of the Project with such other governmental agencies. If City's execution of a document or agreement is necessary or required by law to obtain or give effect to any such permit or approval, then City will execute such document or agreement. 9.5 Financing of Public Facilities and/or Services. The City and the Developer will in good faith use their best efforts to establish one or more community facilities districts, assessment districts, improvement districts, acquisition districts or other public financing mechanisms including, without limitation, one or more community facilities districts pursuant 23 to the Mello-Roos Community Facilities Act of 1982, as set forth in Government Code Section 53311 et sec ., for the purpose of financing the planning, design, construction and acquisition of public facilities, including related fees and the acquisition of land jerefor, required by the Project, to the maximum extent legally and financially feasible. Thy parties expect that bonds, assessments, liens or other such financing mechanisms will be issued or levied to provide sufficient funds for the foregoing purposes. City and the Developer agree that, without the consent of the City, .the portion of average appraised real property values of developed product in the Project allocated to real property taxes and aggregate public debt service may go up to but will not exceed Z% of average appraised real property values of developed product in the Project, and the City will take no action to limit such portion to less than 2% of the average appraised real property values of developed product in the Project. Although the parties will in good faith use their best efforts to maximize the extent that structures, improvements and facilities comprising the Project will be financed through the use of such public financing mechanisms, the parties acknowledge that it may not be legally or financially feasible to finance all of such structures, improvements and facilities through the use of such public financing mechanisms. Therefore, to the extent that the public improvements or public services required by the City with respect to the Project are in excess of the needs and demands of the Project and will be utilized by other existing or future developments, the City will use its best efforts to cause such existing or future developments to contribute to the costs of such public improvements and public services (including, without limitation, by participating in one or more community facilities districts, assessment districts, improvement districts, maintenance districts or other similar public financing mechanisms or by City establishment of facilities fee programs) and, from the funds which are generated by such public financing mechanisms, cause appropriate reimbursement, including interest at the legal rate, to be made to the Developer. The City acknowledges that completion of proceedings to establish one or more of such public financing mechanisms is critical to provide the parties with security for the performance by the Developer of its obligation to cause the Development of the Project to occur. The Developer understands that the City has formed a joint powers authority under the Marks- Roos Local Bond Pooling Act of 1985 known as the Lake Elsinore Public Financing Authority, and that City policy requires all public financing within the City to be funded through the Authority, provided that the City policy shall not preclude the formation of community facilities districts by the school districts or water district having jurisdiction in the Project. 9.6 Utilities Coordination. The City will use its best efforts to assist the Developer in obtaining all electrical, gas, telephone, cable television and other necessary utility connections required for the Project. Within a reasonable time after request therefor by the Developer, the City will approve all connection and access points for such utilities, if they are in compliance with the Existing Land Use Regulations. 9.7 Covenant of Good Faith and Fair Dealin¢. Except as may be required by law, neither party will do anything which will have the effect of harming or injuring the right of the other parry to receive the benefits of this Agreement and each party will refrain from 24 doing anything which would render performance under this Agreement impossible or impractical. In addition, each party will do everything which this Agreement describes that such party will do. R 6~ 9.8 Stephens' Kangaroo Rat. Any portion of the Project whose development is exempt from Section 9 of the ESA under the terms of Section 7 of the Endangered Species Act ("ESA") upon issuance of a grading permit shall not be subject to the Stephens' Kangaroo Rat Mitigation Fee Ordinance (Ord. 905, Section 1, 1990). This exemption is in accordance with the terms of the Implementation Agreement for the Short Term Habitat Conservation Plan for the Stephens' Kangaroo Rat ("Implementation Agreement"). Section VI. C. of the Implementation Agreement provides that 'hothing in this Agreement is intended to apply to any activity that is exempt from Section 9 of the ESA under the terms of Section 7 of the ESA." The Parties to this Development Agreement acknowledge that the Project meets the terms of section VI. C. of the Implementation Agreement. As to any portion of the Project whose development is not exempt, the City will use its best efforts to maximize the amount of acreage which is released for grading and allocated to the City pursuant to the Riverside County Short Term Habitat Conservation Plan for the Stephens' Kangaroo Rat and will take such steps as may be necessary or appropriate from time to time, to secure such maximum allocation. Any assessment of fees under the above- referenced fee ordinance shall be calculated based on the number of acres to be graded under the then-approved grading plan. 9.9 Highway 74 Realignment. The Developer will cooperate with the City in forming such assessment districts, benefit districts, bridge and thoroughfaze fee districts and other fair share public financing mechanisms (based on traffic contributions to Highway 74) as may be necessary or appropriate to finance the cost of acquiring a six lane right-of-way for the realignment of Highway 74 between Interstate 15 and Riverside Drive including, without limitation, removing the existing road radius (which does not meet current applicable road standards) and realigning and improving Highway 74 to current applicable standards of the California Department of Transportation. Developer will be required to dedicate portions of the Property necessary to accommodate Highway 74 improvements along and adjacent to the Property's boundary as provided in Paragraph 42 of the Mitigation Monitoring Program adopted with the Specific Plan. City shall enter into the SR 74 Cooperative Agreement and Developer shall assist City in performing its obligations under the SR 74 Cooperative Agreement as provided in Section 4.1.2 above. Within two years of the Approval Date, the City shall adopt a Transportation Improvement Plan as contemplated by Pazagraph 45 of the Mitigation Monitoring Program for the section of Highway 74 between Interstate 15 and Riverside Drive. The Transportation Improvement Plan shall include (i) the implementation of the fair shaze funding mechanism for the ultimate six lane build out of Highway 74 between I-15 and Riverside Drive, and (ii) a Concept Landscape Plan for Highway 74. Pursuant to Pazagraph 72 of the Mitigation Monitoring Program, Developer shall submit a Concept Landscape Plan for Highway 74 between I-15 and the eastern Project boundary. In developing the Concept Landscape Plan, it shall not be necessary that the precise alignment of the ultimate six lane build out of 25 Highway 74 be established. As provided by Paragraph 73 of the Mitigation Monitoring Program, Developer .shall be responsible for implementing the approved Highway 74 Concept Landscape Plan where the roadway abuts the Property. In lieu of the above provisions, the Developer may develop a Concept Landscape Plan for that porti ~ of the Property that abuts Highway 74 and pay to the City the amount of $25,000 to co~pensate the City for the cost of developing a Concept Landscape Plan for the remainder of the section of Highway 74 between I-15 and the eastern Project boundary. 9.10 City Acquisition of Rights-of--Way. In any instance where Developer is required to construct any public facilities on lands not owned by Developer, as a condition precedent to the performance of such obligation, City shall provide or cause to be provided the real property rights and interests necessary for the construction of such public facilities. Developer shall participate in any applicable fare share allocation of the cost of acquiring such rights or interests. If the City is unable or unwilling to provide the real property rights and interests necessary for the construction of such public facilities, the developer shall be entitled to relief from such condition in the manner provided for by law. 10. PERMITTED DELAYS The Developer will be excused from performance of its obligations hereunder during any period of delay caused by casualties; acts of God; civil commotion; war; insurrection; riots; strikes; walkouts; picketing or other labor disputes; unavoidable shortages of materials or supplies; damages to work in progress by reason of fire, flood, earthquake or other casualty; litigation which prohibits or delays any aspect of the processing or Development of the Project; initiatives or referenda; moratoria; unanticipated restrictions imposed or mandated by governmental entities; or enactment of conflicting City, County, State or Federal laws or regulations or judicial decisions; or any other cause which is not within the reasonable control of the Developer. Each party will promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained, and the term of this Agreement will be extended by the period of any such delay. Notwithstanding Section 13.3, any claim for delay must be presented within 30 days of knowledge of the cause of such delay or any entitlement to time extension will be deemed waived. 11. ESTOPPEL CERTIFICATES Either party may at any time, and from time to time, deliver written notice to the other party, requesting that the other party certify in writing to the knowledge of the certifying party that: (a) this Agreement is in full force and effect and is a binding obligation of the certifying party; (b) this Agreement has not been amended or modified, except as expressly identified; and (c) no default in the performance of the requesting parry's obligations pursuant to Agreement exists, except as expressly identified. A party receiving a request hereunder will execute and return the requested certificate within 30 days after receipt of the request. 26 i i 12. RECORDATION BY CITY CLERK Pursuant to Government Code Section 65868.5, within 10 days after execution of this Agreement by the City, the City Clerk will record a copy in the Records of the Riverside County Recorder. 13. DEFAULT AND REMEDIES 13.1 Events of Default. Subject to arty written extension of time by mutual consent of the parties, and subject to the provisions of Section 10 regarding permitted delays, the uncured failure of either party to perform any material term or provision of this Agreement will constitute a default if such defaulting patty does not cure such failure within thirty (30) days following written notice of default from the other party; provided, however that if the nature of the failure of performance is such that it cannot be cured within such period, then the diligent prosecution to completion of the cure will be deemed to be a cure within such period. Any notice of default given hereunder will specify in detail the nature of the alleged default and the manner in which such default may be satisfactorily cured in accordance with this Agreement. During the time period herein specified for the cure of a failure of performance, the party charged with such failure of performance will not be considered to be in default for purposes of termination of this Agreement or for purposes of institution of legal proceedings with respect thereto and, if the Developer is the party that has failed to perform, then the City will not be excused from its performance under this Agreement during that period. 13.2 Termittation. (a) After proper notice, appropriate City administrative review, if any, and expiration of the time for cure, the noticing parry to this Agreement, at its option, may institute legal proceedings pursuant to Section 13.6 (Institution of Legal Action) hereof or give notice of intent to terminate this .Agreement pursuant to Government Code section 65868. Following notice of intent to terminate, the matter shall then be scheduled for consideration and review in the manner set forth in Government Code sections 65865, 65867 and 65868 by the City Council within thirty (30) days. The Ciry Council shall utilize the standard of review applicable to cases involving vested rights. (b) If the City Council finds a default on the basis of evidence presented before it, the non-defaulting party may, at its option, give written notice of termination of this Agreement to the party found to be in default. The parry found to be in default may seek judicial review of the City Council decision by filing an action in the Superior Court of Riverside County. The Superior Court shall utilize the standard of review applicable in cases involving vested rights. 13.3 Default by Citv. If City does not accept, review, approve and issue requested development permits or entitlements, or City otherwise defaults on this 27 6 Agreement, or City otherwise fails to comply with any term or provision of this Agreement, then City shall be in default. City agrees that Developer in no event shall be obligated to proceed with or complete the Project or any phase thereof nor shall resulting delays in Developer's performance constitute grounds for termination or cancellationt of this Agreement. 13.4 No Waiver. The failure by a party to insist on the strict performance of any of the provisions of this Agreement by the other party will not constitute a waiver of such party's right to demand strict performance by such other party in the future. All waivers must be in writing to be effective or binding on the waiving party and no waiver will be implied from any omission by a party to take action. No express written waiver of any default will affect any other default or cover any other period of time except that specified in such express waiver. 13.5 Effect of Termination. Termination of this Agreement by one parry due to the default of the other party will not affect any right or duty created by any then existing Development Approvals with respect to the Project, but the rights and obligations of the parties hereunder shall otherwise cease as of the date of such termination. 13.6 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any uncured default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof or to obtain any remedies consistent with the purpose of this Agreement. In the event of any such legal action involving or arising out of this Agreement, the prevailing party will be entitled to recover from the losing party, reasonable litigation expenses, attorneys' fees and costs incurred. The parties acknowledge that if a breach of this Agreement by the City occurs, irreparable harm is likely to occur to the Developer and damages may be an inadequate remedy. Therefore, to the extent permitted by law, the parties agree that specific enforcement of this Agreement by the Developer is an appropriate and available remedy, in addition to any and all other remedies which may be available to the Developer under law or at equity. 14. CONSISTENCY FINDING By approving and executing this Agreement, the City finds that its provisions are consistent with the City's General Plan and with the Specific Plan, and the City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of the City's present and future residents, property owners and taxpayers. 15. CONSENT OF OTHER PARTIES The Developer may, at its discretion, elect to have other holders of legal, equitable or beneficial interests in the Project, the Property or parts thereof, acknowledge and consent 28 1 to the execution and recordation of this Agreement by executing an appropriate instrument therefor. It is understood by the parties that the execution of such document by other holders of legal, equitable or beneficial interests in the Project is not a condition precedent to this Agreement. " 16. ASSIGNMENT AND RELEASE 16.1 Transfer and Assignments of Rights and Interests. 16.1.1 Rights and Interests Appurtenant. The rights and interests conveyed and provided herein to Developer benefit and are appurtenant to the Property. Developer has the right to sell, assign and transfer any and all of its rights and interests and to delegate any and all of its duties and obligations hereunder; provided, however, that such rights and interests may not be transferred or assigned except in strict compliance with the following conditions precedent; (i) Said rights and interests may be transferred or assigned only together with and as an incident of the transfer and assignment of the portions of the Property to which they relate, including any transfer or assignment pursuant to any foreclosure of a Mortgage or a deed in lieu of such foreclosure; and (ii) Concurrent with any such assignment or transfer or within five (5) business days thereafter, Developer shall notify City in writing of such assignment or transfer, the portions of the Property to which the assignment or transfer is appurtenant, and the name and address (for purposes of notices hereunder) of the transferee or assignee, together with the corresponding number of dwelling units which are included within such transfer and Developer and the assignee or transferee shall notify City whether the assignee or transferee has assumed any of Developer's obligations under this Agreement and which of Developer's obligations have been assumed. Any attempt to assign or transfer any right or interest in this Agreement except in strict compliance with this Section 16, shall be null and void and of no force and effect. City shall have no duty or obligation of any kind or nature to maintain a record of such transfers or assignments of portions of the Property or numbers and allocations of units involved or to notify or advise prospective or actual assignees or transferees or others of such assignments or the resulting allocation of units with respect to the Property or under this Agreement. 16.1.2 Allocation of Density. It is acknowledged that the density of development provided by the Specific Plan may be distn'buted by Developer disproportionately throughout the Property in accordance with and subject to the Existing 29 Land Use Regulations. City shall not be obligated to the successors of Developer to advise or notify any such successor or any other person as to the density of development allowed under this Agreement or any of the Land Use Regulations with respect to any uticulaz portion of the Property; provided, however, that City shall upon the request of )~eveloper enter into further agreements in a recordable form allocating to the various portions of the Property the then allowable density of units pursuant to the Specific Plan. Such an agreement may include provisions relating to the assumption of certain of Developer's obligations hereunder and the allocation of the benefits and burdens of this Agreement, all as specifically provided in this Section 16. The reasonable costs and expenses of City in considering and responding to any request shall be reimbursed to City by Developer forthwith upon the request of City. 16.1.3 Subject to Terms of Bement. Fallowing any such assignment or transfer of any of the rights and interests of Developer under this Agreement, the exercise, use and enjoyment thereof shall continue to be subject to the terms of this Agreement to the same extent as if the assignee or transferee were Developer. Without limiting the generality of the foregoing, (i) in order to claim or benefit from any right or interest hereunder or provision hereof (including but not limited to the rights of Developer under Section 13), any subsequent assignee or transferee shall have no right, and shall be obligated not, to claim damages from or against City under Section 13; (ii) the further assignment or transfer of any of the rights or interests under this Agreement shall be made only in accordance with and subject to the terms of this Section 16.1, and (iii) the right and interests assigned or transferred aze subject to termination in accordance with this Agreement. Notwithstanding the foregoing, any assignee or transferee of any of the rights and interests of Developer shall take said rights and interests subject to this Agreement and shall have no duty or obligation to perform Developer's obligations or other affirmative covenants of Developer under this Agreement unless such obligations and covenants aze expressly assumed in connection with the conveyance of said rights and interests. 16.1.4 Release of Developer. Notwithstanding the assignment or transfer of portions or all of the Property or rights or interests under this Agreement, Developer shall continue to be obligated under this Agreement unless released or partially released by City with respect to Developer's obligations under this Agreement, pursuant to this Section 16.1.4, which release or partial release shall be provided by City upon the full satisfaction by Developer of the following conditions: 30 ~~ r:' (i) Developer is not then in default under this Agreement; (ii) Developer has provided City with the written notice required under Section 16.1.1; and ( (iii) Such assignee or transferee has assumed such duties and obligations as to which Developer is requesting to be released and has provided City with security and other assurances reasonably satisfactory to City and equivalent to those which were provided by Developer assuring City that Developer's obligations and the other duties and obligations of Developer under this Agreement for which Developer is being released will be fully and strictly performed as provided in this Agreement. 16.2 Releases Upon Partial or Total Completion of Project. The City hereby covenants and agrees that upon completion of the public improvements which are included within the Project and payment of all fees required under this Agreement with respect to the Property or any portion thereof, the City will execute and deliver to the Riverside County Recorder, an appropriate release of the Developer, the Property affected or a portion thereof and the Project from further obligations under this Agreement, in form and substance acceptable to the Riverside County Recorder, or as may otherwise be necessary to effect such release. 16.3 Releases Upon Sale or Lease to the Public. Notwithstanding any provisions of this Agreement to the contrary, the burdens of this Agreement shall terminate as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold. to the purchaser or user thereof (including but not limited to any school district taking title to land within the Project for school purposes) and thereupon and without the execution or recordation of any further document or instrument such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is constructed on such lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall terminate as to such lot. City shall execute, acknowledge and deliver releases or other documents in form and content required by title insurers to remove the lien of this Agreement from such properties. A release issued by the City in accordance with this Section shall act as a conclusive determination that the obligations of Developer pursuant to this Agreement have been met with respect to the portion of the Property so released. 17. ENCUMBRANCES ON REAL PROPERTY: MORTGAGEE PROTECTION 17.1 Discretion to Encumber. The parties agree that this Agreement will not prevent or limit the Developer in any manner, at the Developer's sole discretion, from encumbering the Property, or any part of the same including, without limitation, improvement thereon, by any Mortgage or other security device.. The City acknowledges that the lenders providing such financing may require certain modifications and the City 31 -- agrees, upon request from time to time, to meet with the Developer and/or the represen- tatives of such lenders to negotiate in good faith regarding any such request for modification. The City further agrees that it will not unreasonably withhold its consent to any such requested modification so long as the modifications do not materially alter this Ag~eement to the detriment of the City. 17.2 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a Mortgagee (whether under or pursuant to a Mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise), shall be subject o all of the terms and conditions contained in this Agreement. 17.3 Mortgagee Not Obligated. Notwithstanding the provisions of Section 17.1 above, no Mortgagee shall have an obligation or duty under this Agreement to perform Owner's Obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. 17.4 Notice of Default to Mortgagee: Right of Mortgagee to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, and records a copy of each request in the official records of City in the manner required under Civil Code Section 2924b with respect to Requests for Notices of Default, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice gtven to Developer with respect to any claim by City that Developer has not complied in good faith with the terms of this Agreement or has committed an event of default. Each Mortgagee shall have the right (but not the obligation) for a period of ninety (90) days after the receipt of such notice from City to cure or remedy, or to commence to cure or remedy, the claim of default or noncompliance set forth in the City's notice. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or noncompliance within thirty (30) days after obtaining possession. If any such default or noncompliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional.time as may be reasonably necessary to remedy or cure such default or noncompliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 17.5 Bankruptcy. Notwithstanding the foregoing provisions of this Section 17, if any Mortgagee is prohibited from commencing or prosecuting foreclosure or other 32 { appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Developer, the times specified in Section ,~7.4 for commencing or prosecuting foreclosure or other proceedings shall be extende~for the period of the prolu'bition, provided that such Mortgagee is proceeding expedit usly to terminate such proln'bition and in no event for a period longer than one year. 18. INSURANCE 18.1 Hold Harmless. The Developer agrees to and will hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage which may arise out of the duect or indirect operations of the Developer with respect to the Project, to the extent of the insurance descn'bed below. To the same extent, the Developer agrees to and will defend the City and its officers, agents, employees and representatives from actions for damages caused by or alleged to have been caused by reason of the Developer's activities with respect to the Project. This "hold harmless" agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this Section. Before beginning work on the Project, the Developer will obtain the insurance required under this Section and receive the approval of the City Attorney as to form, content, amount and carrier and the Developer will maintain such insurance throughout the term of this Agreement. The insurance will extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to the Developer. In addition, the Developer will furnish to the City, before beginning work on the Project, a certificate of insurance constituting satisfactory evidence of the insurance required and providing that each carrier is required to give the city at least 10-days prior written notice by certified mail to the City Hall, of the cancellation or reduction in coverage of any insurance. 18.1.1 Compensation Insurance. The Developer will maintain Workers Compensation Insurance for all persons employed by the Developer at the site of the Project. The Developer will require each contractor and subcontractor to provide Workers Compensation Insurance for their respective employees. The Developer agrees to indemnify the City for damages resulting from the failure of the Developer to take out and maintain such insurance. 18.1.2 Public Liability and Property Dama¢e Insurance. The Developer will maintain public liability insurance in an amount not less than $1,000,000.00 for injuries (including death) to any one person and in an amount not less than $1,000,000.00 on account of any one occurrence; and property damage insurance in an amount not less than 33 $100,000.00 for damage to the property of each covered person on account of any one occurrence. 19. GENERAL PROVISIONS 19.1 Development Exactions. Nothing in this Agreement is intended to~limit the application of Government Code Section 66000 et seq to any Development Exactions. 19.2 Recitals. The Recitals in this Agreement are material and aze incorporated herein by reference as though fully set forth herein. 19.3 Exhibits. Any Exhibit to this Agreement is incorporated herein by reference as though fully set forth herein. 19.4 Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the State of California. 19.5 No Joint Venture. Partnership or Third Party Beneficiary. The City and the Developer hereby renounce the existence of any form of joint venture. or partnership between them and expressly agree that nothing contained herein or in any document executed in connection herewith will be construed as making the City and the Developer joint venturers or partners. It is understood that the contractual relationship between the City and the Developer is such that the Developer is an independent contractor and not an agent of the City. Furthermore, this Agreement is not intended or construed to create any third party beneficiary rights in any person who is not a party to this Agreement. 19.6 Notices. Any notice or other communication to either party under this Agreement must be in writing and must be given by delivering the same to such party in person or by sending the same by certified or registered mail, return receipt requested, or by overnight mail delivery service, with all costs prepaid, to the following addressees: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92330 Attn: City Manager With a Copy To: John Harper, Esq. Harper & Burns 453 South Glassell Orange, CA 92666 34 __ Developer Hilaron Corporation c% TMC Developments, Inc. 3080 Bristol Street Building C, Suite 150 Costa Mesa, CA 92626 Attn: Minoru Chen President With a Copy To: Luce, Forward, Hamilton & Scripps 4250 Executive Square, Suite 700 La Jolla, CA 92037 Attn: Thomas A. May, Esq. 19.7 Severabilitv. If any term, provision, covenant or condition of this Agreement is determined to be invalid, void or unenforceable by judgment or court order, then the remainder of this Agreement will remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or grossly inequitable under all the circumstances or would frustrate the stated purposes of this Agreement. 19.8 Entire Agreement. This Agreement contains all the representations and constitutes the entire agreement between the City and the Developer. Any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement. 19.9 Signature Pages: Counteroarts. For convenience, the signatures of the parties may be placed and aclrnowledged on separate pages and, when attached to this Agreement, will constitute this document as one complete Agreement. 19.10 Tune. Time is of the essence of this Agreement and of each and every term and condition hereof. 19.11 Captions. Titles and captions of the various sections of this Agreement are intended for convenience only and shall not in any way affect the meaning or construction of any provision of this Agreement. 19.12 Construction. Number and Gender. This Agreement will be construed as a whole according to its common meaning and not strictly for or against either party in order to achieve the objectives and purposes of the parties hereunder. Whenever required by the context of this Agreement, the singular will include the plural and vice versa, and the 35 masculine gender will include the feminine and neuter genders. In addition 'will" is the mandatory and "may" is the permissive. CITY CITY OF LAKE ELSINORE, a municipal corporation and political subdivision of the State of Ca~ornia A T: City Clerk DEVELOPER NORTH PEAK PARTNERS, L.P., a California limited partnership By: HII.ARON CORPORATION, a California corporation, as general partner By. -____---- oru Chen, President 36 STATE OF CALIFORNIA ) ss. COUNTY OF . ~ 2 ) On S e ew. er 1992 before me, V ~ Ck~ ~c~s c~GV d personally appeared 1`~ c~,S~, wrv, personally known to me (or proved to me on the basis of satis c evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as the Mayor of the City of Lake Elsinore, California, and that by his signature on the instrument the person, or the entity upon beh of which the person acted, executed the instrument. ~~`~ Notary Public SEAL: 4°° - ~ r ~ . ~ / '~ ~ 1fICKi Kn S~ v , G y ~~~ may. C '~^7 ,',' Sc O:i2 C a\+::---.`~ '~ 0 L!Y Wam. .`~:pB~s AW.?1996 -+ STATE OF CALIFORNIA ~ ss. COUNTY OF C~~24in R., ) n . (J On ,,(jg~arrn.%..e~~ ~ , 1992, before mew V l • personally appeared "Minoru Chen, personally known to (or proved to me on the basis of satisfactory evidence) to be the person whose na a is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity as the President of the corporation pursuant to its Bylaws or a resolution of its Board of Directors, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. N t Public OFFICIAL SEAL SEAL: JANET M. WEiTON B ~6 fJOTARY PUBLIC -CALIFORNIA ~.; ORANGE CGUNTY My comm. expires APR 29, 1994 ~ 37 EXHIBIT "A" Legal Description of the Property Section 17 and portions of Sections 7, 8, 18, 19, 20 and 29 of Township 5 South, Range 4 West of the San Bernardino Meridian in the County of Riverside, State of California, according to the official Township Plat filed in the District Land Office that is included within the boundary of a Record. of Siuvey filed in Book 89 Pages 35 through 39 of Records of Survey in the office of the County Recorder of said County. EXHIBIT "A'• EXHIBIT "B'• Leval Description of Exchange BLM Land The Northwest Quarter of Section 20 of Township 5 South, Range 4 West of the San Bernardino Meridian in the County of Riverside, State of California, according to the official Township Plat filed in the District Land Office that is included within the boundary of a Record of Survey filed in Book 89 Pages 35 through 39 of Records of Survey in the office of the County Recorder of said County. EXHIBIT "B" '~~~„ EXHIBIT "C' Legal Description of The Potential Additional Areas That portion of Section 8 of Township 5 South, Range 4 West of the San Bernardino Meridian in the County of Riverside, State of California, according to the official Township Plat filed in the District Land Office that is included within the areas shown as "NOT A PART" as delineated on a Record of Survey filed in Book 89 Page 35 through 39 of Records of Survey in the office of the County Recorder of said County. EXH]BTl' "C.. I EXHIBIT "D.. Concept Plan: North Peak Pazk and Recreation Program I. Introduction The purpose of this document is to provide a concept plan for the park and recreation improvements (the "Parks Concept Plan") for the North Peak Planned Community to be implemented through a Development Agreement between the City of Lake Elsinore and North Peak Partners. This Parks Concept Plan will serve as guidelines to the precise layout and design of facilities to be located within any Community Park. Each Community Park will include all or a portion of the facilities identified for such park in this Concept Plan. The precise selection of facilities and their layout and design shall be determined by a consultant retained by Developer and approved by City, consistent with this Parks Concept Plan as provided in Sections 4.1.4(a), (b) and (c). As a part of the Lake Elsinore community, North Peak will provide those facilities appropriate to its role in the overall park and recreation program for the City as described in its General Plan. Consequently, the North Peak Parks Concept Plan recognizes the important role played by other existing and proposed facilities in the long term development of a comprehensive park and recreation program for all the citizens of Lake Elsinore. As described by its General Plan, the City of Lake Elsinore provides for a variety of park uses. The Cleveland National Forest and the Lake Elsinore State Recreation Areas provide for regional recreation demands. The City's proposed Specific Plan Areas provide park facilities including Community Parks, Neighborhood Parks, Mini Parks, Joint-Use School/Parks, Natural/Passive Parks and open space. In its regional context, the North Peak program will include Neighborhood parks and naturaUpassive.parks. All of the parks will be public and open to all Lake Elsinore residents. The nature of these types of parks is that its primary users will likely be the residents of the surrounding local neighborhoods. Neighborhood parks will provide facilities for active recreation, like little league diamonds and soccer fields, as well as picnic areas and tot-lots. Neighborhood parks will also provide a unique opportunity to enhance the image and identity of the overall North Peak community, as well as each village. In North Peak, the neighborhood parks are centrally located adjacent to the Village Centers to take EXHIBIT "D" page 1 I advantage of this. Each village in North Peak will have at least one neighborhood park. For more passive recreation, North Peak provides fora 230-acre Nature Perk in the northeast corner of the community adjacent to over 1,000 acres of public lands owned by the Bureau of Land Management. North Peak is also served by other open space available for public use including significant azeas of natural open space that contains hiking and equestrian trails. II. Basic Design Criteria A. Maximum slope of 10% in areas to receive park credit (except Nature Park); 2% maximum on playing fields. B. Off-street parking will be determined by the City based on types and concentration of facilities. III. Definitions A. Game baseball field 1. Two types; little league and softball 2. Approximately 2.5-3.5 acres depending on type (including surroundings) 3. 200 min. foul lines for little league; 300 min. foul lines for softball 4. Raised pitcher's mound (Little League only) 5. Permanent brick dust infield 6. Large backstop 7. Dugouts 8. Bleachers 9. Lit field criteria a) reduced glaze fixtures b) no light to be cast on surrounding residential azeas c) limited operating hours (off at 11:00 PM) B. Practice baseball field 1. Approximately 2-3 acres (including surroundings) 2. 175-250 ft. foul lines 3. Small backstop 4. All grass playing area C. Soccer%football field 1. Approximately 1.5 acres (including surroundings) 2. 150 ft. x 300 ft. (AYSO standard) 3. All grass EXHIBIT "D" page 2 ,\ %~. 4. No overlap with game baseball infield; overlap with outfield of game field and entire practice field permitted. 5. Removable goals D. Tot Lot ~ 1. Approximately .25-.50 acres, including surroundings 2. Play area with A.D.A. approved surface 3. Play structure (may vary in size and character) 4. Benches around perimeter E. Tennis Courts 1. 60 ft. x 120 ft. enclosures, typical 2. Chain link fence surrounding 3. Concrete foundation 4. Lighting criteria a) reduced glare fixtures b) no light to be cast on surrounding residential areas c) limited operating hours (off at 11:00 PM) F. Public Restroom 1. Maximum one structure per park; need for restrooms to be determined in accordance with then applicable City standards 2. Separate men's and women's restrooms 3. Concrete block structure with veneer tom ch pazk theme 4. Located near parking and tot lot for easy eillance IV. North Peak H~71s (Village n A. Central Park 1. 14 acres 2. Game baseball fields (2), little league 3. Soccer fields (2) 4. Tot Lot (1) 5. Off-street parking (maximum 60 cars) 6. Picnic facilities; sun shelter 7. Public rest rooms (1 building) 8. Walks, landscaping 9. Hardcourt basketball azea (4 half-courts) V. North Peak Valley (Village II) A. Central Park 1. 17 acres contiguous EXHIBIT "D" page 3 2. Game baseball fields a) softball fields (2) b) night lighting provided 3. Practice baseball fields (2) ~ 4. Soccer/football field (2, overlap with practice baseball fields)( 5. Hardcourt basketball area (half-courts) 6. Tennis courts (4) 7. Tot Lot (1) 8. Off-street parking (maximum 100 cars) 9. Picnic facilities; sun shelter 10. Public restrooms (1 building) 11. Walks, landscaping 12. Fire Station site VI. North Peak Highlands (Village II)) A. Central Park 1. 18 acres. 2. Entire area hydroseed with turf and irrigated. 3. Facilities to be determined by City B. Nature Park 1. ±230 acres; 25 acres usable as passive play areas EXHIBTT "D" page 4 1 EXHIBIT "E" Conditions to Approval of Specific Plan 90-2 EXHIBIT "E" mxas:soxa or a:rROn-t, mt arscznq PL1111 so-: 1. Ths text e! !hs August 1lf0 version et the North Peak Specific Plan and Eewlronmsntal Impact Report shall ~bs rwiaed to inoorpesau ootzmotions and rwisions and any++ typographical errors aubsaquant to approval o! the Spaeitie Plan and Emvironmenul Zspset Aeport. A legible sat of apaeilio Plan and Lmrironmental impact Repent exhiblu shah ba made a part Ot tbm final documents. A final speoitia Plan and Yavirotaental Impact Report shall be eubmittad for zwiew and approval by the Ceaunity Owelopment Diraetor within 70-days o! appswal o! tltim speeilLe Plan and tnvironmantsi impact Report. Re pmssit shall be issued until final adminiatratiw approval o! file speeilSe Plan and tnvisorimental Impact Report by the Community Development Dirseter. ~. Dweleper shall comply with all LIR mitigation neasurss as ldsntilled in the North Paak xleigaelon Kenieerinq Program. 7. Donblm tronllttq lots On primary or saeondary aLraata shall )taus a minimum lot depth a! 1~0 teat as measured from 6aek of Curb er a eombinaelon o! the increased parkway width and lot depeh is order to create sulLioisnt separation from friars more heavily traveled'atraats. ~. Prom yard aatbacks for garages as measured lrem back of curb shall be seventeen-tact (17'), with mines variations Lor le~t~(1o d as sub peep teoattsapa pptroval aoLm ih~ Planning Commission. S. side yard setbacks` Mall be a minimum o! live-face (s~) with theca-Last (7') of level ground exoludinq slopes. Lerner iota shall have a satbaek o! a minimum o! tan-feat (iD~, of which Live-Lint (S') shall Da lsvei ground. 6. the side and zur elwatiens o! hoses shall be wall assigned and given enhanced arehiteetural treatmene, eapeelally when they will bi visible from puhllo right-atwaY. 7. An open spoor Plan shall dallneata araa• to be within hossewners' aemeaiation easamentm and otl+er r..aintenanca respensibiliLiss and shall bs appzove4 by trio Community pwalopaent 0lseator and use Cem•unity tarvieae Director. s. A nalghberheod entry mem~ment and median Drt4sam shall be designed ter use eJSroughout the Specific Plan Asia. Plaeasant et et-tsy menumantation shah ba in eomplianea with the City~s sight-dlttanes atandasds. 9. Slopes on individual iota that era in axessa of three-teee lnsulled Dy the dwalopastndseapsd and irrigation shall be i0. A wall and fencing plan shall be developed which dasignatad whose trio various fencing types era to be loeatad. S.e., deeerative masonry, or a eombinatien vreughs iron and deCOrativa masonry or reed. Sold wail and lsneinq plan snail prohibit weed Loneiaq unlus prwisiens ass nods for : hemaevnars~ asseeiatien to encase maihtenanee. the wall and looting plan shall be rsvLeved and spproved by the comunicy Dwelopment Direeeor prior is tentative ea- approval. 11. In order ee break up small let rasidentlsl fubdivialo r.e vitA various typos e! span apace, residential projects o! S.c~o square toee lots or lean shall Da loeatad adSaeent t~ Fa~sive and/er active open apses. EXHIBIT E - 1 ; ._~,.;•L,~; ---' ,^ ~~_ ~ .___.. _ - ,, eo~asr=oa,t oP >,Ppaot7,>r Pei arsesP:a PsaA Po-~ conrsxasa if. Fos einglt•tuily dataehtd heusingr en-atrttt parking snap be psevidtd at a saizslsssa of otu (11 epaea pas unit/lot. on- etssat paskirq can ba aggseqattd within a naighb(oshood. 1]. p so~td(ss1 vit~Lb~ es~sesP Sa~~_~~~slup te'taaaxi.muaiot eensesalattsvith (ths ippsovalaet tht airy cnginats of design la' ~k~" °tp~i~t~ Cusps a~hallsewe bt~illoved.pentad for ono 1S. W a~et L~ llaru{gaf~ov°~nes pp mil! sna !71 od Control Oiatsie{t tae111tita oatsida the public right-of-way shell ba p~sivata~wa~isita 7111 opus apses arras ovnid by,thsehotaovnerar auoeia)t~i~ ~ ~~~i~tia~O~111~~i~uRtis d tinsa City. par tht pso-isions e! Conditlen'17 about. is. single-taaily deaignaead plarmi{{g asau vhied have a ainisum let slat of s,d0d aslaara fast shall have an avtsaga lot size o! a,S00 aquast tact. arse eha assbar et 5,000 stare loot lots shall net axotad tvtnty p.mne (1oq of tea total units (/00 units) avasaq~d outs all singlt-!tally paresis within Cash village. 17, cpnditions, Cevananta, and Atstrietions (CC i A's) shall be appseval a ptartin~vitihytL~~l~ttal0otatha tisat tentative riser sap. e+•ildiea_ ++d~satet~[ la. rht awsiasttit gfada ton any aamtlsetestd alopt shall ba 1:1 er SOt es se say ba approved by the Wiat Sulldinq O[fielal based upon redeaaandatione by • sells engineer en elope stability. 1!. Conteus gsaditq shell bt ptaetietd tbron9AOUt the prey set by Wit14 natural ensure and wsiabla alepts, ineludinq variations to the atandasd 3s1 slops. ~sqt 20. t0 evo~d angnlas layout os rigid q os rile patternlfagnad 11. Casaga deer epenare shall bt installed in all residential unite. Sn etau vhase gasaga deers are see back less than 20- tyl~Q atesd shall b ~iub~aet ee iduign ~saviev up deors shall :e r..--..situ sarvieea __, Any tentative tvlp appseved pursuant to this Speeitic Plan eba11 ptrovide for she olLtr et dtdieation e! park land in aoaesdanee vit.h eht ttlloviaq aehtdulas (i) dtdieation of e!:e ~ths ~ist!(lfedal eefplek{ (ll)retl~! torn dad! +tion otntne pbaN i2i Past[ (17 aesaal prier t0 iatuanet of the 1.9ootn ruidantlai buildiaq ptssit in tht Spteltle Plan arcs, -nd paseeltolnthe k Curt Park In V~llag~ Z pridsito isavancacot arear~and~(iilj iet~tisator dsdiea<Senroit tht Ph• ~pIV1PdLKP(1{ asses) prior to ietuanea et the ~,000tb safidentlal buildlr.q Darfit in ens Spaeaiie Plan aru. and dtdieation eo a Duelle N toil Pazk p oz tto Saawnea t~eRein~.00otha residential bnildinq parait in the fpeeltie Plan area. EXHIBIT E - 2 _, ___ __ • coYasrzosa op appaoaw roe gpaeipse pray se-: coarzxoaa 33. Dwalopar shall participate il: the City of Lake Llaihora city- vida Landscaping and Street Lighting Districg pursuant to Resolution ai-27. le. prior to appswal o! ehs tirst tsnutiva map wtthln rtes jurisdietian of eeop school district, applicant shall have sneered into a school iapaet mitigaeion agreement with the appropriate school district or, City sds11 have consldsrad the adagnaey of seboel laoilities or availabls means et iinanelnq eohool tae111tia ee meat the seeds and demand oL hsv dwalopnant psoposad in lush tentstlw map to be ^pproved by tbs Clty. 2s. The landscaped per)nay vidtA for crban Artssials. Major Righvays, and cellaeter Stssets shall ba a minimua of a!ghteen-Lase (ls') maasusad Lroa back e! curb. An average thirty-a1Y-feet-vide (36') latrlsaapad parkway msasured along the entire, lsngth of each serest is desired and can ba aaditied ss tae tsntatlva map appsowi sub~aet to the Cossunity Devalopauuft Dlrsator's approval. It is the meant of thle attTtdard to alloy to! reductions of the 36' avtsaga ios streets vitls vans on only one aids. Tba parkway gradi•ne parpMdieular t0 the curb shall Ds i marimum of S:1 within the liras eighteen-tact (le') of parkway measured item Dack oL enrb. The sssaininq landscaped parkway may be graded to a aaximsa 2:1 slope. la. The raquireaent o! the City's multi-purpose trail plan shall ba incorporated am part of any tanLativa tract map submittal. 37. The Nature park shall lmelude at least tvaney-Live (33) acres of sully aecsssible public park arse puzsuane ee cloy seandardsr available ibr uses such as picnic areas, trails. toe lees or ether retied areas. said park shall be credited towards the pse~aets cesplianee with the city•a park dedieatien psevislons. EXHIBIT E -3 ~: -,;,._,~; ,~~.~ ~Zi?~gr c!~':~~~1 ______ __ EXHIBIT "F,. Feasibility Study Credits t'+ d~ TMC Developments has paid the following invoices for services specifically related to State Route 74 program development and coordination: Invoice Description Date Amount Status 7242-PDI SR74 Jan 92 5,169.75 Paid-TMC 7282-PDI SR74 Feb 92 5,974.75 Paid-TMC 7347-PDI SR74 Mar 92 6,899.75 Paid-TMC 7395-PDI SR74 Apr 92 6,733.66 Paid-TMC 7466-PDI SR74 May 92 7,025.92 Paid-TMC 674-CLE SR74 July 92 25,000.00 Paid-TMC 674-CLE SR74 July 92 10.000.00 Paid-TMC Total: $66,803.83 H:WOMEU.DB~PXHIBIIP EXHIBIT "F' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that. the foregoing Ordinance was read for adoption on August 25, 1992 and'was passed on second reading September 8, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER ~^/rte CKINE K AD, CITY CLERK CITY CF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 938 of said Council, and that the same has not been amended or repealed. /~D ED: September 9, 1992 VICKI LYNNE K D, CITY CLERK CITY OF LAKE SINORE (SEAL) ORDINANCE NO. 939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING OAK GROVE EQUITIES (ELSINORE CITY CENTER) SPECIFIC PLAN 91-1 AND A REZONE OF THE PROJECT TO SPECIFIC PLAN ZONING (ZONE CHANGE 92-3). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, there has been an application by the Oak Grove Equities (Elsinore City Center) for the Specific Plan 91-1, 8.6 acres of manufactured slopes, 4.2 acres of major roads and a Future Ues Area of 3.8 acres, located at the southeast corner of Grape Street and Railroad Canyon Road; and WHEREAS, the Planning Commission has previously reviewed the EIR and has recommended that the City Council (1) certify requirements of the California Environmental Quality Act and the City's CEQA Guidelines; and (2) approve the Specific Plan for the Project; and WHEREAS, the City Council has reviewed the EIR prepared in accordance with the California Environmental Quality Act, and has considered the ihformation contained therein and in the other documents referred to therein; and WHEREAS, the City Council has certified the EIR and has made the Findings required by Section 15091 (a) of the State CEQA Guidelines. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: Section 1: Upon the recommendation of the Planning Commission and based upon the Findings adopted hereby with regard to the approval of the Project, the City Council hereby (i) finds that the Specific Plan for the Project area attached hereto as Attachment A is consistent with the General Plan of the City, (ii) finds the adoption of the Specific Plan is in the public interest, (iii) approves and adopts the Specific Plan. Section 2: Upon the recommendation of the Planning Commission, the City Council approves the rezoning and reclassification of the project site from C-2 (General Commercial) to Specific Plan Zoning based on the following Findings: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This change of zone is consistent with the designation established within the General Plan Land Use Element. 3. Pursuant to the California Environmental Quality Act (CEQA) this change of zone will not have any significant impact on the environment or any impacts have been addressed in EIR 92-3 where mitigation measures have been established or a Statement of Ovepriding Considerations has been prepared. n Ordinance No. 939 Page two Section 3: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to tje published and posted in the manner required by law. PASSED, UPON FIRST READING this 8th day of September, 1992, by the following roll call vote: AYES: COUNCILMEMBERS: ALDNGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: 4JASHBURN PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of September, 1992, by the following roll call vote: AYES: COUNCILMEMBERS: ALDNGI, CHERVENY, DOMINGUEZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTENTIONS: COUNCILMEMBER TTEST: 2 VICKI L. KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: JOHN~HARPER, I TORNEY STATE OF CALIFORNIA ) COUNTY OF RIVER IDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on September 8, 1992 and was passed on second reading September 22, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: WASHBURN VICKI LYNNE K AD, CITY CLERK CITY OF LAKE E SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 939 of said Council, and that the same has not been amended or repealed. DAT D: September 23, 1992 (1~~~Cx`-Y`'-~' VICKI LYNNE KA A CITY CLERK CITY OF LAKE EL NORE (SEAL) NO. 940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ELSINORE, CALIFORNIA, AMENDING A CERTAIN SECTION OF CHAPTER 10.40 OF TITLE 10 OF THE LAKE ELSINORE MUNICIPAL CODE, RELATING TO THE PROHIBITION OF COMMERCIAL VEHICLE LOADING AND. UNLOADING ON MAIN STREET THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the City of Lake Elsinore has restored Main Street with street improvements, parking bays with angle parking, parking lots, decorative sidewalks and landscaping; and WHEREAS, the parking bays with angle parking have been designed to accommodate only automobiles and other small vehicles; and WHEREAS, the intended use of the on-street parking bays is for customer and client parking for the fronting retail stores; and WHEREAS, alleys exist behind the commercial properties and marked loading zones exist on all side streets; and WHEREAS, it is intended that commercial vehicles load and unload in these alleys and side street loading zones. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Municipal Code Section 10.40.65 (Prohibition of Commercial Vehicle Loading and Unloading on Main Street is added; and Sections 10.40.100 (Commercial Vehicles) and 10.04.130 (Parking in Alleys) are hereby amended to read as follows: "10.40.065 Prohibition of Commercial Vehicle Loading and Unloadina on Main Street. A "Commercial Vehicle No Loading and Unloading Zone" is designated on both sides of Main Street between Sulphur Street and Heald Avenue. It shall be unlawful to park, stop, or leave standing any commercial vehicle, whether attended or unattended, in the Commercial Vehicle No Loading and Unloading Zone. Any such vehicle may be removed from the street at the direction of the police authority. The Commercial Vehicle No Loading and Unloading Zone shall be identified by signs or markings giving notice. "10.40.100 Commercial Vehicles. It shall be unlawful to park - or leave standing any commercial vehicle with a gross weight of more than six thousand pounds at the following locations: On any residential street except for loading and unloading purposes in connection with local deliveries. At the Commercial Vehicle No Loading and Unloading Zone on Main Street. ORDINANCE NO. 940 Page Two INTRODUCED AND APPROVED UPON FIRST READING THIS 8th day of September, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of September 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMIN,UEZ, 4!ASHBURN NOEB: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERB: WINKLER ABSTAIN: ~UNCILMEMBERS: NONE I ,~ / ~~/y V~ /'/ GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE A~1'TEST: l ~~. ~~~~ Vicki L. Kasad, City Clerk APPROVED AS TO FORM AND LEGALITY: John Harper, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELS~INORE ) ,,„Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on September 8, 1992 and was passed on second reading September 22, 1992, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMIJJGUEZ, WASHBURN NOES: COUNCILMEMBF~RS: ALONGI ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 940 of said Council, and that the same has not been amended or repealed. ED: September 23, 1992 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) NO. 941 AN ORDINANCE OF THE CITY OF LAKE ELSINORE RELATING TO MOBILE SOURCE AIR POLLUTION REDIICTION THROIIGH REDUCING EMPLOYMENT RELATED MOTOR VEHICLE TRIPS AND EMPLOYMENT RELATED MOTOR VEHICLE MILES TRAVELED The City Council does hereby ordain as follows: WHEREAS, the City is committed to protecting the health, i welfare and safety of our residents. WHEREAS, poor air quality and congestion management is detrimental to the public health, welfare and safety. WHEREAS, mobile sources contribute significantly to the poor air quality in the City. WHEREAS, the South Coast Air Quality Management Plan calls for cities to reduce vehicle miles traveled and vehicle trips. WHEREAS, the County and every City in the County is required by state law to adopt and implement a Transportation Demand Management (TDM) Ordinance which complies with standards and requirements established within the County's Congestion Management Program (CMP). WHEREAS, Riverside County Transportation Commission, as Congestion Management Agency for Riverside County, has established requirements for new developments which could employ 100 or more persons. THEREFORE, this Ordinance is adopted in order to protect the public health, welfare and safety by reducing air pollution and congestion caused by vehicle trips and vehicle miles traveled. SECTION .5~ of the LEMC is hereby adopted as follows: SECTION 1 DEFINITIONS: (a) "Alternate Work Schedules" means a variation from the traditional 5 day/40 hour work week to either a 4 day/40 hour or 9 day/80 hour work schedule. (b) "Applicable Development" means any new or existing development that meets or exceeds the employment threshold identified in Section 2. (c) ~~Flestime~~ means allowing employees to determine their own starting and quitting times by either extending the work day in the morning or evening or both. (d) ~~Parkinq Management~~ means an action taken to alter the supply, operation and/or demand of parking facilities to force shift from the single-occupant vehicle to carpool, van pool or other transportation mode. (e) ~~Rideshare~~ means a transportation mode with multiple occupants per vehicle. (f) ~~Telecommutinq~~ means the employee forgoes a trip to the normal worksite and instead works from home or from a satellite office near home. SECTION 2. NEW DEVELOPMENT (a) Applicability: This ordinance is applicable to new employment generating developments that could employ 100 or more persons based upon the following methodology: LAND USE CATEGORY Retail Commercial Office/Professional Industrial/Manufacturing Warehouse Hotel/Motel Hospital GROSS SQUARE FEET/EMPLOYEE 500 Square Feet/Employee 300 Square Feet/Employee 500 Square Feet/Employee 1000 Square Feet/Employee 5 Employees/Guest Room 300 Square Feet/Employee For mixed-use developments the project employment factor shall be based upon the proportion of the development devoted to each land use. 2 (b) Standards: All applicable developments shall incorporate facilities and/or programs in their development plans sufficient to attain a 12 percent work related trip reduction from the expected number of trips related to the project as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers (ITE). Trip reductions shall be calculated in accordance with standards established by Southern California Association of Governments (SCAG) and/or the South Coast Air Quality Management District (AQMD). (c) Facilities: Facilities provided in accordance with the provisions of this Section may include but are not limited to: 1. Preferential Parking for Carpool. Vehicles 2. Bicycle Parking and Shower Facilities 3. Information Center for Transportation Alternatives 4. Rideshare Vehicle Loading Areas 5. Vanpool Vehicle Accessibility 6. Bus Stop Improvements 7. On-Site Child Care Facilities 8. Local TSM and Road Improvements 9. Facilities to Encourage Telecommuting 10. Contributions to Support Regional Facilities Designed to Reduce Vehicle Trips and Miles Traveled. 11. On-Site Amenities such as Cafeterias and Restaurants, Automated Teller Machines, and Other Services that would Eliminate the Need for Additional Trips. (d) Trip Reduction Plan Option: Proponents for new development proposals may submit Trip Reduction Plans and/or design features specified in Section 3 of this Ordinance to achieve trip reduction requirements of this Section. Said Plan shall be approved by the City Traffic Engineer prior to the issue of occupancy permits. Agreements to secure implementation of such plans shall become a condition of development and shall be recorded with the Deed of Trust for the property. 3 SECTION 3. EBISTING DEVELOPMENT: (a) Applicability: This ordinance is applicable to all employers that employ 100 or more persons. (b) Trip Reduction Plans: All applicable developments or businesses shall submit a Trip Reduction Plan to reduce work related vehicle trips by 12 percent. Said Plan shall be submitted and approved by the City Traffic Engineer within 120 days from the issuance and/or renewal of the business license. (c) Trip Reduction Methods: Any combination of the following methods may be utilized to achieve the required vehicle trip reduction: 1. Alternative Work Schedules/Flex-Time (a) Office/Professional, Industrial, Manufacturing, Warehouse 1. Incorporate alternate work schedules and flex-time programs (Adoption of 9/80 work schedule for all employees would account for a 10 percent reduction in vehicle trips). (b) Hospital 1. Incorporate alternate work schedules and flex- time programs for employees that normally work between the hours of 8 a.m. and 5 p.m. 2. Telecommuting (a) Office/Professional 1. Office facilities 25,000 square feet or larger may preserve 5 percent of the gross floor area for telecommuting purposes to allow tenants with multiple facilities to establish satellite work centers. 2. Establish telecommuting or work at home programs to allow employees to work at a home or a satellite work center either one day per week or one day every two weeks. 3. Through the telecommuting or work at home program provide incentives or offset employee costs in acquiring the needed equipment and supplies for 4 telecommuting. (b) All Other Uses 1. Establish telecommuting or work at home programs for selected employees (i. e. certain clerical or administrative employees) 2. Through the telecommuting or work at home program provide incentives or offset employee costs in acquiring the needed equipment and supplies for telecommuting. 3. Bicycle Facilities a. All Uses 1. Provide bicycle parking facilities equivalent to five percent of the total required automobile parking spaces. 2. Preserve 2 percent of the gross floor area for employee locker and shower facilities. 4. Parking Management a. All Uses 1. Designate with signs, in lieu of painted pavement, 10 percent of employee parking for carpools and vanpools as an incentive. 2. Offer financial or other incentives to employees who participate in ridesharing or an alternative mode of transportation other than the single occupant vehicle. 5. Mass Transit Facility Usage a. All Uses 1. Provide incentives to employees to use Mass Transit Facilities. Incentives could include provision of a bus pass, additional pay, flextime or any other incentive which encourages employees to use mass transit in-lieu of the single occupant vehicle. (d) Other Measures: Any other method or measure which can exhibit a reduction in vehicle trips shall be credited 5 toward attaining the requirements of this Ordinance. (e) Enforcement: Upon approval of the applicable Trip Reduction Plan, if there is future non-compliance with this ordinance or exhibited failure to implement the Trip Reduction Plan, one or more of the following provisions shall apply: 1. Exercise a lien, based upon the terms of the agreement, on the subject property. 2. A monetary penalty compounded on a monthly basis upon the length of time of non-compliance equal to the business license renewal fee. (f) Fee: A trip reduction plan review fee of $400.00 payable at the time of annual review shall be required. This fee shall be used to defray the costs of procressing and reviewing each individual trip reduction plan. (g) Compliance with AQMD Req XV: Initial Trip Reduction Plans approved by the City under the provisions of this ordinance for new employers shall constitute compliance with Regulation XV provided such programs have been determined sufficient to meet AVR targets of 1.5. Monitoring and annual reporting requirements shall continue to be the responsibility of AQMD and individual employers in accordance with rules and procedures established by the South Coast Air Quality Management District. SECTION 4. VOLUNTARY PLANS AND PROGRAMS (a) Employers which employ fewer than 100 people will be encouraged by the City to submit Trip Reduction Plans on a voluntary basis to achieve an overall trip reduction within the City of 12$. (b) The City Traffic Engineer shall be responsible for developing effective incentive programs which promote voluntary programs to reduce vehicle trips and miles traveled. This Ordinance shall take effect 30 days from the date of adoption. 6 APPROVED UPON FIRST following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: READING this 13th day of October, 1992, by the ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NONE NONE NONE PASSED, APPROVED AND ADOPTED this 27th day of October, 1992, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMIN~UEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE GARY M~IASHBURN, MAYOR CITY F AKE ELSINORE TTEST: ~(~ VICKI KASAD, C>TY CLERK CITY OF LAKE Ei:SINORE APPROVED AS TO FORM & LE,ALITY: JOHN R. HARPER, C STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on October 13, 1992, and was passed by second reading on October 27, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE VICKI KASAD; CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 941 of said Council, and that the same has not been amended or repealed. D TED: November 2, 1992 ~0.~ VICKI KASAD C~TY CLERK CITY OF LAKE ELSINORE (SEAL) f~. ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NUMBER 2 TO SPECIFIC PLAN 89-2 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, an application has been filed with the City of Lake Elsinore by Murdock Alberhill Ranch to amend the Alberhill Specific Plan 89-2 to redesignate the land uses within a portion of the Alberhill Ranch Specific Plan area, consisting of approximately 511.4 acres bounded by the Brighton Alberhill Specific Plan to the north, the extension of Terra Cotta Road to the east, Terra Cotta area to the south, and Robb/Lake Street to the west; WHEREAS, the Planning Commission has reviewed Amendment Number 2 to Specific Plan 89-2, considered evidence presented by the applicant, Community Development Department, and other interested parties at a public hearing held with respect to this application on September 2, 1992, and adopted Resolution 92-5 recommending that the City Council adopt Amendment Number 2 to the Alberhill Specific Plan 89-2; and WHEREAS, the Addendum to the Environmental Impact Report for the Alberhill Specific Plan 89-2 has been prepared in accordance with the requirements of California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, and City Council has considered the information contained therein and in the other documents referred to therein, and the Planning Commission has considered the previously certified Environmental Impact Report 89-2, the Addendum to EIR 89-2, the proposed Murdock Alberhill Ranch Specific Plan Amendment Number 2, prior to making a decision to recommend that the City Council approve the proposed Amendment to Specific Plan 89-2. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: SECTION 1. Upon recommendation of the Planning Commission and based upon the findings adopted hereby with regard to the approval of the project, the City Council hereby finds (i) finds that the Specific Plan for the project area attached hereto as Attachment A is consistent with the General Plan of the City; (ii) approves and adopts the Specific Plan SECTION 2. That in accordance with Chapter 17.99.100 of the Zoning Ordinance, the findings by the City of Lake Elsinore for approval of Specific Plans have been made as follows: 1. The location and design of the proposed development shall be consistent with the Goals and Policies of the City's General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted. The proposed Specific Plan is consistent with the Goals and Polices of the General Plan, since the proposed project takes into consideration the uses permitted, surrounding land uses and existing and proposed circulation system. Additionally, a concurrent General Plan Amendment is being processed to ensure consistency in land uses and policies is maintained. Page 2 Ordinance No. 942 2. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundings, whichever may be the case. The propose location is well integrated and located to its surroundings since, the proposed project will be adjacent to similar residential, commercial, institutional, and open space uses which have already received Specific Plan approval. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. A traffic study has been completed, which addresses all of the anticipated circulation system improvements necessary to adequately handle the project's expected traffic volumes. There will be no significant congestion during build out or at completion of the project. 4. The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The proposed project provides a phasing schedule for the development of adequate public facilities on an as needed basis tied to the build out of project phases. Additionally, the proposed project will provide sites for the development of parks, open space areas, and schools. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Specific Plan contains design guidelines for the long term development of the project such as a phasing schedule of the overall project, logical location of land uses, and necessary circulation improvements to facilitate production of an attractive, efficient and stable development of the project. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non-significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. An Addendum Environmental Impact Report to the Alberhill FEIR 89-2 has been prepared to address the minor technical revisions associated with the proposed project. The Alberhill FEIR addressed all the significant impacts and developed mitigation measures reducing impacts to a level of insignificance. A statement of overriding considerations was adopted for impacts not reduced to a level of insignificance. .Page 3 Ordinance No. 942 NOW, THEREFORE, based on the above findings, the City Council does hereby approve Amendment Number 2 to Specific Plan 89-2: PASSED UPON FIRST READING this l0;th day of Novembe-x,.1992 by the following roll call vote: AYES: COUNCILMEMBERS: ALONOI, CHERVENY, DOMINGUEZ, WINKLER, h!ASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this `24th- day of -~!ovember, 1992;, upon the following vote: AYES: Councilmembers: ALON~I, CHERVENY, DOMIN~UEZ, kIINKLER, 4lASHBURN NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: nNONE Washburn, Mayor of Lake Elsinore AT EST: Vicki Lynn. Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: ~ v John R. Harper, C.ty A orney City of Lake 1 inore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on November lo, 1992, and was passed by second reading on November 24, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~: COUNCILMEMBERS: NONE VICKI KASAD, CITY CLERK CITY Or LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 942 of said Council, and that the same has not been amended or repealed. D TE1D~~ Nov~em^bFer 25, 1992 VICKI Y.~~S~D, CITY CLERK CITY OF LAKE ELSINORE (S~TJ) ORDINANCE NO. 943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH MURDOCK ALBERHILL RANCH WHEREAS, the Planning Commission of the City of Lake Elsinore held a duly noticed public hearing on a proposed Development Agreement between the City of Lake Elsinore and Murdock Alberhill Ranch on September 2, 1992, and found that the Development Agreement is consistent with the City's General Plan; and WHEREAS, the City Council of the City of Lake Elsinore held a duly noticed public hearing on the Development Agreement on October 13, 1992, and found that (1) the Development Agreement is consistent with the City's General Plan and the Alberhill Ranch Specific Plan, and; (2) the City Council has considered the previously certified Environmental Impact Report 89-2, the Addendum to EIR 89-2, the proposed Murdock Alberhill Development Agreement prior to making a decision to approve the proposed Development Agreement. The City Council finds and determines that EIR 89-2 and the Addendum thereto are adequate under CEQA to analyze the environmental effects of the Development Agreement, based upon the following findings and determinations: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Development Agreement between the City of Lake Elsinore and Murdock Alberhill Ranch, as set forth in Exhibit A attached hereto, is hereby approved. The Mayor is authorized to execute the Development Agreement and, following such execution, the City Clerk shall cause a copy thereof to be recorded with the Riverside County Recorder within ten (10) days. Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. This Ordinance shall become effective upon the expiration of thirty (30) days from and after its passage. PASSED UPON FIRST READING this IOth day of NaVember, 1992, upon the following vote: AYES: Councilmembers: ALONGI, CHERVEP!v, DOMING.UEZ, WINKLER, 4dASHBURN NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: h!OP~!E PASSED, APPROVED AND ADOPTED this 2~'th day of -November., 1992, upon the following vote: AYES: Councilmembers: ALON6I, CHERVENY, DOPIINGUEZ, 41INKLER, WASHBURN NOES: Councilmembers: NONE ABSENT: Councilmembers: ABSTAIN: Councilmembers: A TEST: ...~ ~ Vicki Lynne asa , City C erk City of ha e Elsinore Gard M. Washburn, Mayor Ci of Lake Elsinore APPROVE A~ T ORM AND LEGALITY: ohn~Harp~r, City torney City of ke Elsinore (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on November 10, 1992, and was passed by second reading on November 24, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI KA~ CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 943 of said Council, and that the same has not been amended or repealed. D TED: ov tuber 25, 1992 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 944 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 882, AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERE TO: UNIFORM BUILDING CODE 1991 EDITION; UNIFORM HOUSING CODE 1991 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, 1991 EDITION; UNIFORM PLUMBING CODE 1991 EDITION; UNIFORM MECHANICAL CODE 1991 EDITION; UNIFORM FIRE CODE 1991 EDITION; NATIONAL ELECTRICAL CODE 1990 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1991 EDITION. THE CITY COUNCIL FINDS AND AS FOLLOWS: 1. That pursuant to provisions of Health and Safety Code Section 17958.5 it is determined that the amendment to the Uniform Codes in this ordinance are reasonably necessary because of local climatic, geological, topographical or other condition. Therefore, the City Council of the City of Lake Elsinore does ordain as follows: SECTION ONE: Ordinance Number 882 IS HEREBY REPEALED SECTION TWO: The following listed codes with amendments, additions and deletions thereto are adopted by reference: Uniform Building Code, 1991 Editions, including appendix chapters 7, 11, 23, 29, 31, 32, 49, 55, 57, 70, and Exhibit "A", attached thereto. Uniform Housing Code, 1991 Edition including Exhibit "A" attached thereto. Uniform Code for the Abatement of Dangerous Building, 1991 Edition including Exhibit "A" attached thereto. Uniform Plumbing Code 1991 Edition including Appendix A through D Exhibit "A" attached thereto. Uniform Fire Code 1991 Edition including Exhibit "A" attached thereto. National Electrical Code 1990 Edition including Exhibit "A" attached thereto. Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition including Exhibit "A" attached thereto. Uniform Mechanical Code 1991 Edition, including Exhibit "A" attached thereto. SECTION THREE: Copies of the codes referred to herein above, with all amendments deletions and additions thereto, are on file with the City Clerk and are open to public inspection. ORDINANCE NO. 944 PAGE 2 SECTION FOUR: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 13th day of October, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NONE ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: NONE NOfdE PASSED, APPROVED AND ADOPTED this 27th day of October, 1992, upon the following vote: AYES: Councilmembers: NOES: Councilmembers ABSENT: Councilmembers: ABSTAIN: Councilmembers: ALONGI, CHERVENY, DOMINGUEZ, IdASHBURN NONE WINKLEP~ NONE A ^t EST; VICKI L. ~{P,SAD, CITY CLERK APPROVED A& '10 FORM: JOHN R. PER ITY ATTORNEY WASHBURN, MAYOR (SEAL) UNIFORM BUILDING CODE 1991 AMENDMENTS SECTION 205 is amended by adding the following paragraph at the end of said section to read as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and shall be punished accordingly. SECTION 304 (b) the first sentence is amended to read as follows: The fees for each permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 304 (c) the last sentence of first paragraph is amended to read as follows: Said plan review fee shall be 75 percent of the building permit fee as set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7007 (b) the second sentence is amended to read as follows: Fees set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7007 (c) the first sentence is amended to read as follows: A fee for each grading permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7011 (a) is amended by adding the following paragraph at the end of said section, to read as follows: When two or more lots are graded and cut or fill slopes occur adjacent to the lot line the top line of the slopes shall be located at the lot line. The toes of all slopes shall be setback a minimum of two feet from the property line or public right-of-way. SECTION 7016 temporary erosion control is added to read as follows: ', A. Section 1716 Plans. Separate plans for temporary drainage and erosion control measures to be used during the rainy season shall be submitted prior to October 1. The control devices shown on said plans shall be installed no later than October 15, and maintained in operable condition until April 15. These plans shall provide the following: 1. Temporary soil stabilization measures shall be installed on graded slopes exceeding a three- to-one ration and/or 10 feet in height. Uniform Building Code 1991 Amendments Page 2 2. Desiltinq facilities shall be provided at all drainage outlets from the graded site, designed for the 25 year, 6 hour storm intensity. They must be detailed on the plans. Design and specific recommendations shall be submitted for the following: (a) Desilting basin volume based on gradient and nature of soils. (b) The extent of all graded areas and identification of any temporary soil stabilization measures. (c) Size of desilting basin outlet pipe and over-flow. (d) Dike requirements. Minimum wall width, slope of walls, percent of compaction, etc. 3. The following notes shall be placed on the plans: (a) In case of emergency, call (responsible person) (24 hour number) (b) The undersigned civil engineer will supervise erosion control and certify that work is in accordance with the approved plans. (signature, reg. #, expiration date) (name-printed) (dated) 4. Indicate on the plan which streets will be paved and which drainage devices will be completed by October 15. 5. Placement of devices to reduce erosion damage within the tract is left to the discretion of the engineer. These devices, if any, must be shown on the plan because their presence will affect the required capacity of the desilting basin. 6. Outlet conditions from the desilting basin shall not exceed downstream limitations, with the exception of overflow which is to be designed to provide capacity of 1.5 times the maximum design flow. B. Temporary Erosion Control Measures 1. The permittee shall keep a standby crew for emergency work, available at all times during the rainy season. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of Uniform Building Code 1991 Amendments Page 3 temporary devices or to repair any damaged erosion control measures when rain is imminent. 2. Devices shall not be moved or modified without the approval of the Building Official or, in an emergency by the person responsible for grading operations. 3. All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent. Forecasts shall be received from broadcasts provided by the United States Weather Service. 4. After a rainstorm, all silt and debris shall be removed from check berms and desilting basins and the basins pumped dry. Any graded slope surface protection measures damaged during a rainstorm shall also be immediately repaired. Failure to provide effective maintenance may result in penalties as provided per Section 205. 5. Fill slopes at the tract perimeter must drain away from the top of the slope at the conclusion of each working day. 6. At least one guard shall be posted on the site whenever the depth of water in any device exceeds eighteen inches. Additional guards may be required as deemed necessary by the Building Official. After a rainstorm, all silt and debris shall be removed from public drains and pipes, and from drains and pipes of adjacent properties. C. Subsequent Rainy Seasons. For projects extending into subsequent rainy seasons, new temporary drainage and erosion control plans shall be submitted. These plans shall comply with all requirements in Section 1716 (A) and (B). UNIFORM HOUSING CODE 1991 AMENDMENTS SECTION 202 is amended to read as follows: All building or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 17 of this code. SECTION 204 is amended by adding the following paragraph at the end of said section to read as follows: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than one-thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person and shall be punished accordingly. CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER 11 12 13 14 15 16 IS IS IS IS IS IS DELETED DELETED DELETED DELETED DELETED DELETED CHAPTER 17 - Abatement of substandard and unsafe buildings. Chapter 17 is added to read as follows: CHAPTER 17 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS SECTION 1701: STATEMENT OF INTENT - Upon finding any building to be in this category, the Building Official shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Official shall proceed to the next step. SECTION 1702: FIRST NOTICE - The Building Official, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. SECTION 1703: MANNER OF GIVING NOTICE - The Building Official shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by Uniform Housing Code 1991 Amendments Page 2 registered or certified mail, postage prepaid, return receipt requested, to the owner of the land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the building or structure or the land upon which such building or structure is located, at the last known addresses of such interest holders. SECTION 1704: ORDER TO VACATE - Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be posted on the building and mailed to all concerned parties and filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Official shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Director and no person shall enter the building except for the purpose of making the required repairs or the demolition of the building, without the written permission of the Building Official. SECTION 1705: NOTICE OF ADMINISTRATIVE PROCEEDING - Whenever the first notice of defects has been given, the Building Official shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. SECTION 1706: APPEAL - Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Official within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Official shall set a hearing date to be not less than 10 days or more than 60 days from the date the appeal was received. (2) The Building Official upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to Vacate made pursuant to Section 2(e) of the Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. SECTION 1707: HEARING - At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Official, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the Uniform Housing Code 1991 Amendments Page 3 building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance is not abated within 30 days after posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Official shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. SECTION 1708: TIME TO BRING ACTION - Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. SECTION 1709: SECOND NOTICE - If the order of the Building Official in the first notice is not complied with within 45 days after giving notice and no appeal has been filed the Building Official shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice. The second notice shall be entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 days from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. SECTION 1710: JURISDICTION TO ABATE - Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. SECTION 1711: METHOD OF ABATEMENT - Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Official may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. (2) Actual work to be done whether it be repair Uniform Housing Code 1991 Amendments Page 4 and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. SECTION 1712: COST RECOVERY - Repair or demolition cost recovery shall be accomplished in the following manner: (A) Statement of Expense. The Building Official shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provision of this ordinance. A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. (B) Hearing on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and all protests and objection which may be make shall be final and conclusive. (C) Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. (D) Payment and Recordation of Lien. All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (l0) days after receipt of the Council's decision on the statement. The Finance Director shall file in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action Uniform Housing Code 1991 Amendments Page 5 taken to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City of Lake Elsinore. E. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, the Building Official shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Official, he shall notify the County Auditor who shall cancel the assessment on the roll. F. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. UNIFORM HOUSING CODE 1991 AMENDMENTS SECTION 202 is amended to read as follows: All building or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 17 of this code. SECTION 204 is amended by adding the following paragraph at the end of said section to read as follows: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than one-thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person and shall be punished accordingly. CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER 11 12 13 14 15 16 IS IS IS IS IS IS DELETED DELETED DELETED DELETED DELETED DELETED CHAPTER 17 - Abatement of substandard and unsafe buildings. Chapter 17 is added to read as follows: CHAPTER 17 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS SECTION 1701: STATEMENT OF INTENT - Upon finding any building to be in this category, the Building Official shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Official shall proceed to the next step. SECTION 1702: FIRST NOTICE - The Building Official, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. SECTION 1703: MANNER OF GIVING NOTICE - The Building Official shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by Uniform Housing Code 1991 Amendments Page 2 registered or certified mail, postage prepaid, return receipt requested, to the owner of the land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the building or structure or the land upon which such building or structure is located, at the last known addresses of such interest holders. SECTION 1704: ORDER TO VACATE - Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be posted on the building and mailed to all concerned parties and filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Official shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Director and no person shall enter the building except for the purpose of making the required repairs or the demolition of the building, without the written permission of the Building Official. SECTION 1705: NOTICE OF ADMINISTRATIVE PROCEEDING - Whenever the first notice of defects has been given, the Building Official shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. SECTION 1706: APPEAL - Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Official within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Official shall set a hearing date to be not less than 10 days or more than 60 days from the date the appeal was received. (2) The Building Official upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to Vacate made pursuant to Section 2(e) of the Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. SECTION 1707: HEARING - At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Official, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the Uniform Housing Code 1991 Amendments Page 3 building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance is not abated within 30 days after posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Official shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. SECTION 1708: TIME TO BRING ACTION - Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. SECTION 1709: SECOND NOTICE - If the order of the Building Official in the first notice is not complied with within 45 days after giving notice and no appeal has been filed the Building Official shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice. The second notice shall be entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 days from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. SECTION 1710: JURISDICTION TO ABATE - Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. SECTION 1711: METHOD OF ABATEMENT - Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Official may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. (2) Actual work to be done whether it be repair Uniform Housing Code 1991 Amendments Page 4 and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. SECTION 1712: COST RECOVERY - Repair or demolition cost recovery shall be accomplished in the following manner: (A) Statement of Expense. The Building Official shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provision of this ordinance. A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. (B) Hearing on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and all protests and objection which may be make shall be final and conclusive. (C) Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. (D) Payment and Recordation of Lien. All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (lo) days after receipt of the Council's decision on the statement. The Finance Director shall file in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action Uniform Housing Code 1991 Amendments Page 5 taken to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City of Lake Elsinore. E. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, the Building Official shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Official, he shall notify the County Auditor who shall cancel the assessment on the roll. F. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. UNIFORM FIRE CODE 1991 EDITION SECTION 9.105 the following definitions are amended: CHIEF OR CHIEF OF THE FIRE DEPARTMENT is the City Manager or his authorized representative. CHIEF ENGINEER is the City Manager or his authorized representative. CHIEF OF THE BUREAU OF FIRE PREVENTION is the City Manager or his authorized representative. UNIFORM PLUMBING CODE 1991 AMENDMENT PART I VIOLATION AND PENALTIES 20.3 the first paragraph is amended to read as follows: Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed one-thousand dollars or by imprisonment in the county jail for not to exceed six months, or by both fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. PART I SCHEDULE OF FEES 30.4 (A) is amended to read as follows: The schedule of fees shall be set pursuant to Chapter 3.32 of the Municipal Code. SECTION 401 (A) exception 2 is amended by adding the preceding sentence to read as follows: ABS, PVC, and DWV piping installations shall be limited to those structures where combustible and non-fire rated construction is allowed. SECTION 503 (A) exception 2 is amended by adding the preceding sentence to read as follows: ABS, PVC, and DWV piping installations shall be limited to those structures where combustible and non-fire rated constructions is allowed. UNIFORM MECHANICAL CODE 1991 AMENDMENTS SECTION 204 is amended by adding the preceding paragraph at the end of said section to read as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory _ requirements of the ordinance of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than one-thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and shall be punished accordingly. SECTION 304 (B) is amended to read as follows: The fees for each permit shall be as set pursuant to Chapter 3.32 of the Mechanical Code. NATIONAL ELECTRICAL CODE 1990 EDITION SECTION 304 (A) shall be amended as follows: Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. ARTICLE 310-5 is amended by adding the following sentence: Conductors smaller than size six shall be copper only. ARTICLE 336-3 is amended as follows: Type NM and Type NMC cables shall be permitted to be used in one and two family dwellings, and multi-family apartment dwellings, not exceeding three floors above grade. UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1991 EDITION SECTION 1.11 shall be amended as follows: Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. SECTION 320 is added to read as follows: SECTION 320: Fencing. A. Every person in possession of land within the incorporated area of the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-door body of water designed, constructed and used for swimming, dipping or immersion by men, .women or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence of any material or design, except as hereinafter provided, substantially constructed, not lower than five (5) feet in height above the surface of the ground measured vertically from the outside grade and completely surrounding such pool or body of water. B. Openings between members. 1. No opening between vertical members of a wood, metal, picket stake or other fence shall exceed five (5) inches between members. No opening between horizontal members of a wood, metal or other fence shall exceed two (2) inches between members. If a fence combining vertical and horizontal members meets either the vertical or horizontal requirements of this section, it shall be deemed to meet the requirements of this section. 2. Masonry-type fences are excluded from the provisions of this section. C. Clearance above ground. All enclosures and gates shall extend to within two (2) inches of firm soil or within four (4) inches of pavement. D. Gates, doors, latches. 1. All gates or doors opening through a swimming pool enclosure shall be equipped with a self- closing and self-latching device designed to keep such door or gate securely closed at all times when not in actual use. The unlocking or unlatching device shall be located not less than five (5) feet above grade or steps at the gate or door measured vertically outside the enclosed areas. This shall include any passage door or gate opening from an accessory building, such as a garage. 2. There shall be the following exceptions to this section: a. The unlocking or unlatching device may be located on the inside of the enclosure at less than the required five (5) feet in height when unable to open from the outside of the enclosure. UNIFORM SWIMMING POOL/HOT TUB CODE 1991 EDITION PAGE 2 b. Self-closing and self-latching devices shall not be required on doors leading from a dwelling unit into the pool area. c. Double gates installed across vehicular access ways shall be self- closing and shall be equipped with a latching device five (5) feet above grade which may be manually operated. Such gates shall be securely closed at all times when not in actual use. E. Withholding approval. Plaster inspection or approval to fill the pool with water shall be withheld by the Building Official until there has been compliance with all fencing and other requirements of this chapter. UNIFORM CODE FOR THE ABATEMENT OF DANGEROIIS BUILDING 1991 AMENDMENT SECTION 202 is amended to read as follows: All building or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 10 of this code. SECTION 203 is amended by adding the following paragraph at the end of said section to read as follows: Any person violating comply with any of t ordinances of Lake misdemeanor. Any pers the ordinances of Lak fine of not more t imprisonment not to e fine and imprisonment. any of the provisions or failing to he mandatory requirements of the Elsinore shall be guilty of a on convicted of a misdemeanor under e Elsinore shall be punished by a han one-thousand dollars, or by xceed six months, or by both such Each such person shall be guilty of a separate offense for each portion of which any violation ordinances of Lake Elsinore is permitted by any such person accordingly. and every day during any of any provision of the committed, continued, or and shall be punished CHAPTER 4 IS DELETED CHAPTER 5 IS DELETED CHAPTER 6 IS DELETED CHAPTER 7 IS DELETED CHAPTER 8 IS DELETED CHAPTER 9 IS DELETED CHAPTER 10 - Abatement of substandard and unsafe buildings. Chapter 17 is added to read as follows: CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS SECTION 1001: STATEMENT OF INTENT - Upon finding any building to be in this category, the Building Official shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Official shall proceed to the next step. SECTION 1002: FIRST NOTICE - The Building Official, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. SECTION 1003: MANNER OF GIVING NOTICE - The Building Official shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by Uniform Code for Abatement of Dangerous Building 1991 Amendments Page 2 registered or certified mail, postage prepaid, return receipt requested, to the owner of the land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the building or structure or the land upon which such building or structure is located, at the last known addresses of such interest holders. SECTION 1004: ORDER TO VACATE - Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be posted on the building and mailed to all concerned parties and filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Official shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Director and no person shall enter the building except for the purpose of making the required repairs or the demolition of the building, without the written permission of the Building Official. SECTION 1005: NOTICE OF ADMINISTRATIVE PROCEEDING - Whenever the first notice of defects has been given, the Building Official shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. SECTION 1006: APPEAL - Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Official within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Official shall set a hearing date to be not less than 10 days or more than 60 days from the date the appeal was received. (2) The Building Official upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to Vacate made pursuant to Section 2(e) of the Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. SECTION 1007: HEARING - At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Official, and the owner of the building or structure or his representative if present at said hearing, and other concerned Uniform Code for Abatement of Building 1991 Amendments Page 3 parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance is not abated within 30 days after posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Official shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. SECTION 1008: TIME TO BRING ACTION - Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. SECTION 1009: SECOND NOTICE - If the order of the Building Official in the first notice is not complied with within 45 days after giving notice and no appeal has been filed the Building Official shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice. The second notice shall be entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 days from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. SECTION 1010: JIIRISDICTION TO ABATE - Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. SECTION 1011: METHOD OF ABATEMENT - Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Official may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. Uniform Housing Code 1991 Amendments Page 4 (2) Actual work to be done whether it be repair and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. SECTION 1012: COST RECOVERY - Repair or demolition cost recovery shall be accomplished in the following manner: (A) Statement of Expense. The Building Official shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provision of this ordinance. A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. B) Hearing on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and all protests and objection which may be make shall be final and conclusive. C) Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. (D) Payment and Recordation of Lien. All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Council's decision on the statement. The Finance Director shall file in Uniform Code for Abatement of Dangerous Building 1991 Amendments Page 5 the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action taken to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City of Lake Elsinore. E. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, the Building Official shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Official, he shall notify the County Auditor who shall cancel the assessment on the roll. F. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on October 13, 1992, and was passed by second reading on October 27, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ancFUm~ COUNCILMEMBERS: WINKLER COUNCILMEMBERS: NONE CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 944 of said Council, and that the s~r{ne has not been amended or repealed. November ~, 1992 VTCKI-KASAD, CITY-CLERK CITY OF LAKE ELSINORE (SEAL) H:lr _ _._. ORDINANCE NO. 945 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER 29, ORDINANCE NUMBER 150, ORDINANCE NUMBER 372, AND ORDINANCE NUMBER 729, AND ADOPTING RIVERSIDE COUNTY ORDINANCE 492 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance 29, Chapter 2.16, Ordinance 150, Chapter 8.04, Ordinance 372, Chapter 8.12, and Ordinance 729, Chapter 8.60 are hereby repealed. SECTION 2. Riverside County Ordinance 492 attached hereto and made a part hereof is hereby added to the Lake Elsinore Municipal Code, and is on file in the office of the City Clerk for public inspection, and adopted with the same force and effect as though set out herein in full. SECTION 3. This ordinance shall take effect as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 13th of October, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, t"IINKLER, I~IASHBURN NONE f!OP!E NOP~E PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of October, 1992, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALON,I, CHEP,VENY, DOMINUEZ, WASHBURN NONE WINKLER NONE W~ M. Was burn, Mayor ~ of Lake Elsinore Vicki Lyn Kasad, City Clerk City of L e Elsinore i t AP ROVED A. TO FORM AND LEGALITY: John Har er, i y Attorney City of Lake E inore (SEAL) r 1 2 ORDINANCE ^?n a92 7 3 AN ORDINANCE OF THE COUNTY OF RIVER&xD~. rnnn FcTABLTSHMF~iv~i~; OTn~ +~ 'N 4 11 gF~TEI~RANTS 5 of Riverside Ordains The Board of Supervisors of the County 6 . as Follows: 7 ,~p~ ion I. Ordinance No. 492 is recaptioned and amended in 8 its entirety to read as follows: 9 10 ORDIt1A?3C~L0~.-9.9~. ^r OF THE COUhT~4 OF RTI~'DSrnE P$.~DING 11 - uF n TION OF FOOD EST1tSLISH~$ 12 rOOD FACI T~ TIE$ 13 cPrt;on 1. )FpINITIONS. The following definitions 14 shall apply in the interpretation and enforcement of this 15 ordinance: 16 A. "Food Establishment" shall mean a focd establishmen 17 as defined in the California Uniform Retail Food 18 Facilities Law, Section 27520 of the California 19 _: Health and Safety Cove. .;;ene aid cv:nmonly referre 20I to as restaurants, markets, delis or similar 21 operations. 22 B. "food Facilities" shall mean a food facility as 23 defined in Section 27521 of the California .Health 24 referred to as and Safety Code. These are commonly 25 vehicles, vending wholesale food facilities, 26 machines, satellite food distribution facilities, 27 open-air barbecues, certified farmers markets, 28 a C. ~v.?ZEv57Ein~Il -1- ,nir ca~sn wn[ wo S IOU 'CT 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 2C 2] 2S 2: 2 2 2 c f 1y1M C. IIATZEY.$i car:r. ca~sn suit wo .na . ,m" a*errt i S ~. 6 7 8 stationary food preparation units and mobile food preparation units. This definition also includes commercial food establishments. ~, ^Eaforcement Officer" shall mean the Director of the Department of Environmental Health Services and his or.her duly authorized Environmental Health Specialists. „ D, ^Pood Preparation shall mean food preparation as defined in Section 27522 of the California Health and Safety Code. E, "Official Inspection Form' shall mean the form the Department of Environmental Health provided by Services. ce~t~„~ on 2. S~BBt?INSx• p, All food establishments and food facilities shall be inspected and graded uniformly using an official inspection form. The grade of each food establishment shall be determined by the Enforcement Officer using the scoring method provided on the Official Inspection Form. The grade of each food establishment shall be evidenced by the posting of a Grade Card bearing the letter, "A", "B" or "C." 1, The letter "A" shall~in,dicate a score of ninety percent (90%) or higher, and indicates that the food establishment passed the inspection by meeting those minimum health standards as set forth by the State of California in the California Retail Food Facilities Law, California -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~.9 20 21 22 23 24 25 26 27 28 ryrwna a*c wo wf" s Health and Safety Code, Chapter 4, Sections 27520, Qt,~9.•, and interpreted by the Enforcement Officer. Grade "A" Cazds shall be printed in Blue on High=Impact White Styrene Plastic. 2. The letter "B" shall indicate a score of less than ninety percent (90%), but not less than eighty percent (80°~), and indicates that the food establishment has not passed the inspection and does not meet minimum health standards. Grade "8" Cards shall be printed in Green on High-Impact White Styrene Plastic. 3. The letter "C" shall indicate a score of less than eighty percent (BO°~), and indicates that the food establishment has failed the inspection and has conditions existing which may pose a potential or actual threat to public health and safety. The facility may also be ordered closed, with its permit being suspended or revoked by the Enforcement Officer. Grade "C" Cards shall be printed in red on High-Impact White Styrene Plastic. B. The Grade Card shall be provided by the Enforcement Officer and shall be nine inches by eleven inches (9" x ]. ]. •') in ,ire. The gr~Je letter shall not be more than five inches (5") in height. C. The Grade Card shall be posted in a conspicuous place selected by the Enforcement Officez, at or -3- f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2F 2i 2~ 2 2 2 2 .pM C Ka,7ZEn5r couvrr cw+su SVfit 300 1{(( .MU R01R near each entrance to the food establishment used by its patrons, and shall be removed only by the Enforcement Officer. p. It shall be unlawful to operate a food establishment unless the Grade Card is in place a5 posted by the Enforcement Officer. E. Private schools and public schools shall not be required~to post a Grade Card. F. Food facilities and food establishments which are not engaged in food preparation shall not be required to post a Grade Card. Gc,-ham. ~*1e DF~• A. The Enforcement Officer shall inspect each food facility and food establishment at regular intervals. All food establishments and food facilities shall comply with those requirements set forth in the California Uniform Retail Food Facilities Law, as amended appearing in California Health and Safety Code Sections 27500, et seq. g, A signed copy of the Official Inspection Form shall be delivered to the owner, operator, oz person in charge of the food establishment or food facility who shall sign in receipt therefor. C. Any food establishment or facility that has received a .B.. or ^C° grade shall receive a reinspection within five (5) working days of the initial inspection, or as otherwise arranged with the facility operator, to assure that the violations -9- ! \ •~ - " 1 2 3 4 5 6 7 8 9 10 11 i 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 2E 2i 2E M C. u1S2E~5T ~Vh1v f 'S[L Soft[ 15 ~ 101" ,.0.[R have been corrected. The Grade "B" or "C" shall remain posted at the food establishment, indicating to-the publ} c that the particular food establishment failed to maintain minimum health standards during its most recent routine inspection performed by the Department of Environmental Health Services. D. If, after a reinspection of the food establishment or facility, the score is not ninety percent (90%) or higher, any or all of the following legal actions may ensue: 1. Administrative hearing offered for the suspension or revocation of the license pursuant to Health and Safety Code Sections 27580, et seq. 2. Issuance of a citation. 3. Initiation of civil, criminal or other legal proceedings. E. Notwithstanding the foregoing, the Enforcement Officer may order immediate closure of a facility or establishment pursuant to Health and Safety Code Section 11851 whenever he reasonably believes the facility or establishment to present an immediate danger to the public health or safety. F. Any reinspections following legal actions, other than one (1) reinspection following an initial administrative hearing, will result in the operator being charged an hourly on-site fee.' SPrr;on 9. pERMITS• No person shall operate a food establishment or facility without holding a valid permit -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2E 2' 2~ 2' 2 2 c 11~M C v,~T2E~5~ cou~+rv carvsu svrtt aoo issued by the Department of Environmental Health Services. Application for a permit shall be made to the Department of Environmental Health Services upon a form provided by the Department, and shall be accompanied by a fee as required by Ordinance No. 690. A permit shall be valid for not more than one (1) year. eert~~ 5. ~'T27P9INA7 PENALTZF.+~• erson violating any provision of this ordinance A. Any p shall be guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each day during which any violation of this ordinance is committed or allowed to exist. g. Any individual convicted of a violation of this ordinance shall be: 1, Guilty of an infraction and punished by a fine of not less than fifty dollars ($50.00), but not to exceed one hundred dollars ($100.00) for the first offense. 2. Guilty of an infraction and punished by a fine of not less than one hundred dollars ($100.00), but not to exceed two hundred dollars ($200.00) for the second offense. 3, The third and any subsequent offense shall E constitute a misdemeanor, and shall e ~ a fine of not less than five punishable by 5 hundred dollars ($500.00), but not to excee one 7 thousand dollars ($1,000.00) and/or six (6) 8 ~~~ -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 2i 2F inM C IVSZE~S~E :OVA-C~ COV~'SCl X1RI 7W months in the County jail, or both. C. Notwithstanding the. foregoing, a first or second offense may. be charged and prosecuted as a misdemeanor. D. Payment of any penalty herein shall-not relieve an individual from the responsibility of correcting the violations as noted on the official Inspection Report Form. cP~rion 6. ?IIBLIG NUISANCE DECLARATION. In addition, any violation of this ordinance is hereby deemed to be a public health nuisance and may be abated by the Enforcement Officer, irrespective of any other remedy hereinabove provided. cer•t;on 7, CIVIL PENA TL-IES• AnY Person who willfully violates any provision of this ordinance or any other rules or regulations adopted by the Department of Environmental Health Services pursuant to this ordinance, in addition to any criminal penalties, shall be liable for a civil penalty of between fifty dollars ($50.00) and two hundred fifty dollars (5250.00) for each day of violation. The enforcement agency shall be authorized to file and maintain an action in a court of appropriate jurisdiction to collect any such civil penalty arising under this section. Gam+ion=8. ^ ""°'" ^r INSPECTION. Pursuant to California Health and Safety Code Section 27650, the Enforcement Officer shall have the right to inspect any food facility or establishment, or any facility suspected of being a food establishment or facility, at any reasonable time. If c~~ _7- iro~ai~9a ia:0a HRZMRT 010 i be suspended or inspection is refused, the permit may uilty of an 1 and/or the owner or operator shell be 4 revoked, 2 infraction or misdemeanor offense. rovision, clause, 3 S~~1T.ITY. If anY P ;on 9aragraph of this ordinance, or•the application 4 sentence or p 5 arson or• circumstances shall be held thereof to. any p 6 such invalidity shall not affect the other invalid, 7 licati0ns of the provisions of this provisions of 8PP g fiver. effect without the ir,vali8 ordinance which can be ~ rovisicns of ° lication and, to this end, the P provision or apP 10 ~ declared to be ygveza:jle. t,yis ordinance are hereby :.1 ~ ~, Ordinance No. 493 is hereby zepeeled. &~.S'. i ~n 12 This ordinance shall take effect thirty (30) Fi:S~t19~1-~' 13 days after fife adoF•tion. 14 15 AOARD OF SUP1rRVISORS or TxE COuta~Y OF RIVERSIDE, STATE OF CALIFORNIA 16 17 / ,. • 18 ,,j~~•ha~r-'~BOard of Supervisors 19~ 20 TTEST: 21 GERALD A. N,ALONFY C1eiY, of the Soazd ?,2 23 ?,4 By Deputy 25 25 • 27 GD:jf-G9~/lit{2/19/92 REV:jf-?/2/92 28 -o- 7~iy gy STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on October 13, 1992, and was passed by second reading on October 27, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE "'"""'"' COUNCILMEMBERS: WINKLER COUNCILMEMBERS: NONE CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 945 of said Council, and that the sa e'has not been amended or repealed. DA ED: Nove,~nber ~, 1992 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) «_ _ .._.: ORDINANCE NO. 946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, PREZONING 140 ACRES TO 120 ACRES OF R-R RURAL RESIDENTIAL AND 20 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL. THE SITE IS BOUNDED BY SCENIC CREST DRIVE TO THE NORTH, THE RAMSGATE SPECIFIC PLAN AREA TO THE WEST AND SOUTH AND THE TUSCANY HILL SPECIFIC PLAN AREA TO THE EAST [ZONE CHANGE 92-2: HOMESTEAD LAND DEVELOPMENT (HUNSARER)/ ROBERT DYER/LINDA WYNN) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers: 349-280-001; 349-260-002, 003; 349-240-005, 006, 007, and 008; 349-390-001, 002, 003, 004, O15 and 016, from Riverside County designation of R-R to 120 acres of R-R Rural Residential and 20 acres of R-1 Single-Family Residential on approximately 140 acres, as illustrated in Exhibit "A" attached hereto, and said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-R and R-1 Zoning Districts. Approval is based on the following: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan and the proposed General Plan Amendment. 3. This zone change establishes the necessary pre-zoning for this site. 4. This request will not result in any significant adverse impacts on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 10th day of DTovember, 1992, upon the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Page 2 Ordinance No. 946 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of November, 1992, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CyEP.VENY, DO"1TNGUE7, ~•fASNBURN PLONGI fJONE .. ., ~s., of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: ~VYV~ _ Sohn Harper, C'ty Attorney City of Lake E1 i ore s a Y$ ~x s+,~ ;4~ a .,~ x. ., >..`o 8 . ~4~44 oY.Y . ~ x.-0~:1 'o+~' bIr'b ~aa ~'nrfx yaN :W ca1b~2 W ~. _ _ e,1•fP .., _ _ 1I0•f00 Y'Y'1 ~..,... 9agr +W YZ ~~ ...., „ n O • r'my.gf ~..,•.. •a1©~, n F x 2~E'[ UO~CUE~ 30 ~It~ ~pasinaa~25 umt taaouy (ZG s.oyIaYUyj Rldado~d Pleh\uaa~~ paxawyagm Pw'I1y'I8 aauanph }o anydg p!p .(rePUnog .Gp patvodtoaut paxawyag of wary pasodoy pua8a7 V i U{,,~ .. 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STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on November 10, 1992, and was passed by second reading on November 24, 1992, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER AD, CITY CLERK CITY OF-LAKE ELSINORE (SEAL) STATE GF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 946 of said Council, and that the same has not been amended or repealed. Di lED: No•/ember 25, 1992 S D, CITY C ERK CITY OI' LAKE ELSINORE (SEAL) ORDINANCE NO. ~a7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COIVIMUIVITY FACII.ITIES DISTRICT N0.92.1 (LAKE ELSINORE PLAZA PUBLIC IlVIPROVEIIINNTS) City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements) WHEREAS, on October 27, 1992, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to establish the City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities"); WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the District and to provide for the Facilities; WHEREAS, this City Council has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of Formation of City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements) and Submitting Proposition to the Qualified Electors of the District" and "A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and }s: -i. WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, the City Council of the City of Lake Elsinore ordains as follows: Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1993-94 and in each fiscal year thereafter until payment in full of all costs of the facilities to be financed by the District and of any bonds of the City issued for the District (the "Bonds"), and payment of all costs of administering the District. Section 2. The Director of Administrative Services of the City of Lake Elsinore, or in his absence the Finance Director of the City, is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the District and of the City in administering the District and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Director of Administrative Services of the City, or in his absence the Finance Director of the City, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 1993-94 and for each fiscal year thereafter until the Bonds are paid in full. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the area of the District. -2- -~; 1 Section 8. This Ordinance shall take effect 30 days from the date of final passage. PASSED AND ADOPTED this 8thday of December, 1992, by the following vote: AYES: COUNCILIVIEMBERS: ALONGI, CHERVENY, DDMINGUEZ, VJINKLER, bJASHBU.".N NOES: COUNCILMEMBERS: fJONE ABSENT: COUNCILMEMBERS: NONE (S E By: City of Lake -3- ~, ~/U~%- ;~ M. Washburn, Mayor City of Lake Elsinore Y ,yr. Y..' ~. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on December 8, 1992 and was passed by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~BS~'AIN: ~ COUNCILMEMBERS: NONE \ I ~ Y V l.ul\1 1\A JAL, V111 lrl{IJ1\1\ CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 947 of said Council, and that the same has not been amended or repealed. D~TED: December 14n 1992 ,~~~ CITY OF LAKE EL•SINORE (SE1iL) ORDINANCE NO. 948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A WATER EFFICIENT LANDSCAPE ORDINANCE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council of the City Lake Elsinore does adopt a Water Efficient Landscape Ordinance pursuant to Assembly Bill 325, Government Code Section 65590 - 65600, relating to the water conservation in landscaping act of 1990. NOW, THEREFORE BE IT DETERMINED AND ORDAINED AS FOLLOWS: PROPOSED WATER EFFICIENT LANDSCAPE CITY OF LAKE ELSINORE SECTION I. PURPOSE AND INTENT The City recognizes that the limited supply of State waters is subject to increasing demands and that landscape design, installation and maintenance can and should be water efficient. To promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible, the City has established a criteria for design, construction and maintenance of water efficient landscapes in new projects and established provisions for water management practices and water waste prevention for established landscapes. SECTION II DEFINITIONS A. The following definitions are provided as a resource to terms used throughout this ordinance manual: 1. "Anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads. 2. "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. 3. "Applied water" means the portion of water supplied by the irrigation system to the landscape. 4. "Automatic controller" means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. 5. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. 6. "Conversion factor (0.62)" means a number that converts the maximum water allowance from acre-inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: 5325 829 gallons/43.560 square feet)/12 inches = (0.62) 325,820 gallons = one acre foot 43,560 square feet = one acre 12 inches = one foot To convert gallons per year to 100-cubic-feet per year, another common billing unit for water, divide gallons per year by 748. (748 gallons = 100 cubic feet) 7. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. 8. "Effective precipitation" or "usable rainfall" means the portion of total precipitation that is used by the plants. Precipitation is not a reliable source of water, but can contribute to some degree toward the water needs of the landscape. If the landscape professional and the owner agree to accept the risk of a landscape designed to be dependent in part on precipitation, an Effective Precipitation Disclosure Statement as shown in Section V shall be completed and submitted with the Landscape Documentation Package. 9. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. 10. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. 11. "Establishment period" means the first year after installing the plant in the landscape. 12. "Estimated Applied Water Use" means the portion of the Estimated Total Water Use that is derived from applied water. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. The Estimated Applied Water Use may be the sum of the water recommended through the irrigation schedule, as referenced in Section II (c) (3) . 13. "Estimated Total Water Use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system, as described in Section II (c) (4) . 14. "ET adjustment factor: means a factor of 0.8, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of supplemental water that needs to be applied to the landscape. 15. "Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. 16. "Flow rate" means the rate at which water flows through pipes and valves (gallons or cubic feet per second). 17. "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone. 18. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). 19. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this ordinance is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems. 20. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. 21. "Landscaped area" means the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscape- such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. 22. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. 23. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. 24. "Maximum applied water allowance" means, for design purposes, the upper limit of annual applied water for the established landscaped area as specified in Section II (c)(2). It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. 25. "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. 26. "Mulch" means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evaporation. 27. "Operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler. 28. "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas. 29. "Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this ordinance, the average plant factor of low water using plants ranges from 0 to 0.3, for average water using plants the range is 0.4 to 0.6, and for high water using plants the range is 0.7 to 1.0. 30. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. 31. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. 32. "Recreational area" means areas of active play or recreation such as sports fields, picnic grounds, or other areas with intense foot traffic. 33. "Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. 34. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year as represented in Section V, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. 35. "Rehabilitated landscape" means any relandscaping project that requires a permit. 36. "Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. 37. "Soil moisture sensing device" means a device that measures the amount of water in the soil. 38. "Soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil. 39. "Sprinkler head" means a device which sprays water through a nozzle. 40. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. 41. "Station" means an area served by one valve or by a set of valves that operate simultaneously. 42. "Turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses. 43. "Valve" means a device used to control the flow of water in the irrigation system. 44. "Water conservation concept statement" means a one-page checklist and a narrative summary of the project as shown in Section III (c)(1)(a). SECTION III REQIIIREMENTS A. Project Types 1. All new, previous types and rehabilitated landscapes for public agency and private development projects including but not limited to recreational, commercial, and industrial projects. 2. Developer required landscaping such as single-family tract homes and multi-family type projects. 3. This ordinance does not apply to: (a) homeowner-provided landscaping single family and multi-family projects. (b) cemeteries (c) registered historical sites (d) projects with less than 1,000 square foot of landscape area B. Landscape Documentation Package 1. The following shall be required as part of the landscape documentation package: (a) water conservation concept statement (b) calculation of the maximum applied water allowance (c) calculation of the estimated applied water use (d) calculation of the estimated total water use (e) planting plan (f) irrigation plan (g) irrigation schedules (h) maintenance schedule (i) landscape irrigation audit schedule (j) grading plan (k) soil analysis (1) certificate of substantial completion. (to be submitted after installation of the project) 2. Upon completion of the landscape documentation package: (a) Three copies shall be submitted to the City for review and approval. (b) Upon approval of the package by the City: (1) a copy of the package shall be provided to the developer, to the property owner or site manager. (2) a copy of the water consumption concept statement and the certificate of substantial completion shall be sent to the Elsinore Valley Municipal Water District by the developer. C. Elements of the Landscape Documentation Package 1. Water conservation concept statement (a) Each package shall have a cover sheet referred to as the water conservation concept statement. It serves as a checklist to verify that the landscape documentation package has been completed and as a narrative summary of the project. (see sample in Appendix) 2. Calculation of the Maximum Water Allowance (a) A project's Maximum Applied Water Allowance shall be calculated using the following formula: MAWA = (ETo) (0.8) (LA) (0.62) where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo =Reference evapotranspiration (inches per year) 0.8 = ET Adjustment Factor LA = Landscaped Area (square feet) 0.62 = conversion factor (to gallons per square foot) (b) Two example calculations of the Maximum Applied Water Allowance are: (1) PROJECT SITE ONE: Landscaped area of 50,000 sq. ft. in Fresno MAWA = (ETo)(.8)(LA)(.62) _ (51 inches)(.8)(50,000 square feet) (.62) Maximum Applied Water Allowance = 1,264,800 gallons per year (or 1,691 hundred-cubic-feet per year: 1,264,800/748=1,691) (2) PROJECT SITE TWO: Landscaped area of 50,000 sq. ft. in San Francisco MAWA = (ETo)(.8)(LA)(.62) _ (35 inches)(.8)(50,000 square feet)(.62) Maximum Applied Water Allowance = 868,000 gallons per year (or 1,160 hundred-cubic feet per year) (c) Portions of landscaped areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or school yards where turf provides a playing surface or serves other recreational purposes may require water in addition to the Maximum Applied Water Allowance. A statement shall be included with the landscape design plan, designating areas to be used for such purposes and specifying any needed amount of additional water above the Maximum Applied Water Allowance. 3. Estimated Applied Water Use (a) The Estimated Applied Water Use shall not exceed in the Maximum Applied Water Allowance. (b) A calculation of the Estimated Applied Water Use shall be submitted with the Landscape Documentation Package. It may be calculated by summing the amount of water recommended in the irrigation schedule. 4. Estimated Total Water Use (a) A calculation of the Estimated Total Water Use shall be submitted with the Landscape Documentation Package. The Estimated Total Water Use may be calculated by summing the amount of water recommended in the irrigation schedule and adding any amount of water expected from effective precipitation or may be calculated from a formula such as the following: The Estimated Total Water Use for the entire landscaped area equals the sum of the Estimated Water Use of all hydrozones in that landscaped area. EWU (hydrozone) _ (EToI(PFl(HA)(.62 (IE) EWU (hydrozone) = Estimated Water Use (gallons per year) ETo = Reference Evapotranspiration (inches per year) PF = plant factor HA = Hydrozone area (square feet) (.62) = conversion factor IE = irrigation efficiency (b) If the Estimated Total Water Use is greater than the Estimated Applied Water Use due to precipitation being included as a source of water, an Effective Precipitation Disclosure Statement such as the one in Section V shall be included in the Landscape Documentation Package. 5. Planting Plan A planting plan which meets the following requirements in addition to requirements of the City landscape guidelines: (a) Plant Selection and Grouping (1) Any plants may be used in the landscape, providing the Estimated Applied Water Use recommended does not exceed the Maximum Applied Water Allowance. (2) Plants having similar water use shall be grouped together in distinct hydrozones. (b) Designation of hydrozones (c) A calculation of the total landscaped area (d) Designation of recreational areas 6. Irrigation Plan An irrigation plan in addition to requirements in the landscape guidelines. (a) Irrigation Efficiency. For the purpose of determining the maximum water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency. (b) Rain Sensing Override Devices. Rain sensing override devices shall be required on all irrigation systems. (c) Soil Moisture Sensing Devices. Soil moisture sensing devices are encouraged. (d) Recycled water (1) The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in the following section (d)(2). (2) Irrigation systems shall make use of recycled water unless a written exemption has been granted by the local water agency, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future. (3) The recycled water irrigation systems shall be designed in accordance with all local and .state codes. 7. Irrigation Schedules Irrigation schedules satisfying the following conditions shall be submitted as part of the Landscape Documentation Package. (1) An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. (2) The irrigation schedule shall: (i) include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station; and (ii) provide the amount of applied water (in hundred cubic feet, gallons, or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis. (3) The total amount of water for the project shall include water designated in the Estimated Total Water Use calculation plus water needed for any water features, which shall be considered as a high water using hydrozone. (4) Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the Maximum Applied Water Allowance because of high plant factors (but not due to irrigation inefficiency.) (5) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. Maintenance A regular maintenance schedule satisfying the following conditions shall be submitted as part of the Landscape Documentation Package: (a) Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas. (b) Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents. Landscape Irrigation Audits A schedule of landscape irrigation audits satisfying the following conditions shall be submitted as part of the Landscape Documentation Package. (a) At a minimum, audits shall be in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document, which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook (June 1990) version 5.5 (formerly Master Auditor Training.) (b) Landscape irrigation audits shall be conducted by certified landscape irrigation auditors at least once every five years. 10. Grading Plan Provide project fine grading plan for inclusion in package. (a) The grading plan shall indicate finished configurations and elevations of the landscaped area, including the height of grades slopes, drainage patterns, pad elevations, and finish grade. 11. Soils (a) A soil analysis satisfying the following conditions shall be submitted as part of the Landscape Documentation Package. (1) Determination of soil texture, indicating the percentage of organic matter. (2) An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables.) A range of infiltration rates should be noted where appropriate. (3) Measure of pH, and total soluble salts. 12. Certification (a) Upon completing the installation of the landscaping and the irrigation system, an irrigation audit shall be conducted by a certified landscape irrigation auditor prior to the final field observation. (See Landscape Irrigation Auditor Handbook as referenced in Section 7 (A). (b) A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation and shall provide a certificate of substantial completion to the local agency. The certificate shall specifically include reference to the landscaping, automatic irrigation system, and the irrigation audit, along with a list of any observed deficiencies to the Owner of Record. (c) Certification shall be accomplished by completing a Certificate of Substantial Completion and delivering. it to the city and to the retail water supplier. A sample of such a form, which shall be provided by the city is included in the Appendix. SECTION IV PROVISIONS FOR EXISTING A. Water Management All existing landscaped areas to which the city provides water that are one acre or more, including golf courses, green belts, common areas, multi-family housing, schools, businesses, cemeteries, parks, and publicly owned landscapes shall have a landscape irrigation audit at least every five years. At a minimum the audit shall be in accordance with the California Landscape Water Management Program as described in the Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook, Dept. of Water Resources, Water Conservation Office (June 1990) version 5.5.) (1) If the project's water bills indicate that they are using less than or equal to the Maximum Applied Water Allowance for that project site, an audit shall not be not required. (2) Recognition of projects that stay within the Maximum Applied Water Allowance is encouraged. B. Water Waste Prevention Cities and counties shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Penalties for violation of these prohibitions shall be established locally. (Authority cited: Section 65594, Gov. Code. Reference: Section 65597, Gov. Code.) SECTION V EFFECTIVE PRECIPITATION If effective precipitation is included in the calculation of the Estimated Total Water Use, an Effective Precipitation Disclosure Statement (similar to the following Sample Effective Precipitation Disclosure Statement) shall be completed, signed, and submitted with the Landscape Documentation Package. See Appendix for sample. SECTION VI APPENDIX 1. (Sample) Water Conservation Concept Statement 2. (Sample) Certificate of Substantial Completion 3. (Sample) Effective Precipitation Disclosure Statement (SAMPLE) Water Conservation Concept Statement Project Site: Project Number: ProjectLocation: Landscape Architect/Irrigation Designer/Contractor: Included in this project submittal package are: (Check to indicate completion) 1. Maximum Applied Water Allowance: gallons or cubic feet/year _ 2. Estimated Applied Water Use: gallons or cubic feet/year *_ 2.(a) Estimated Amount of Water Expected from Effective Precipitation: gallons or cubic feet/year Note: * If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation, the Effective Precipitation Disclosure Statement in Section 704 shall be completed and submitted. 3. Estimated Total Water-Use: gallons or cubic feet/year 4. Planting Plan 5. Irrigation Plan 6. Irrigation Schedules 7. Maintenance Schedule 8. Landscape Irrigation _ 9. Grading Plan _10. Soil Analysis Audit Schedule Description of Project (Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water use.) Date• Prepared By: (SAMPLE) CERTIFICATE OF SUBSTANTIAL COMPLETION Project Site: Project Number: ProjectLocation: Preliminary Project Documentation Submitted: (check indicating submittal) 1. Maximum Applied Water Allowance: (gallons or cubic feet/year) 2. Estimated Applied Water Use: (gallons or cubic feet/year) 2a. Estimated Amount of Water Expected from Effective Precipitation: (gallons or cubic feet/year) Note: * If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation, the Effective Precipitation Disclosure Statement in Section V shall be completed and submitted. 3. Estimated Total Water Use: (gallons or cubic feet/year) 4. Landscape Design Plan 5. Irrigation Design Plan 6. Irrigation Schedules 7. Maintenance Schedule 8. Landscape Irrigation Audit Schedule 9. Grading Design Plan 10. Soil Analysis Post-Installation Inspection: (Check indicating substantial completion) A. Plants installed as specified B. Irrigation system installed as designed dual distribution system for recycled water minimal run off or overspray C. Landscape Irrigation Audit performed Project submittal package and a copy of this certification has been provided to owner/manager and local water agency COMMENTS: I/we certify that work has been installed in accordance with the contract documents. Contractor Signature Date State License Number I/we certify that based upon periodic site observations, the work has been substantially completed 'in accordance with the Water Efficient Landscape Ordinance and that the landscape planting and irrigation installation conform with the approved plans and specifications. Landscape Architect Signature Date State License Number or Irrigation Designer/Consultant or Licensed or Certified Professional in a Related Field I/we certify that I/we have received all of the contract documents and that it is our responsibility to see that the project is maintained in accordance with the contract documents. Owner Signature Date Note: Authority cited: Section 65594, Gov. Code. Reference: Section 65597, Gov. Code. (SAMPLE) EFFECTIVE PRECIPITATION DISCLOSURE STATEMENT I certify that I have informed the project owner and developer that this project depends on (gallons or cubic feet) of effective precipitation per year. This represents percent of the local average precipitation of inches per year. I have based my assumption about the amount of precipitation that is effective upon: I certify that I have informed the project owner and developer that in times of drought, there may not be enough water available to keep the entire landscape alive. Licensed or Certified Landscape Professional I certify that I have been informed by the licensed or certified landscape professional that this project depends upon (gallons or cubic feet) of effective precipitation per year. This represents percent of the local average precipitation of inches per year. I certify that I have been informed that in times of drought, there may not be enough water available to keep the entire landscape alive. Owner Developer This ordinance shall take effect as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 8th of December 1992, upon the following vote r AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMIN~UF.Z_, IJINKLER, IdASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of December 19 g2, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBER(S~~: NONE ABSTAIN: COUNCILMEMBER$~; NONE ....~........., ..Y .. of Lake Elsinore Vicki Lynne~Kasad, City City of L•ak~ Elsinore (SEAL) AWED TO FORM AND LEGALITY: John Harper, it Attorney City of Lake inore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on December 8, 1992 and was passed on December 22, 1992, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTA N: COUNCILMEMBERS: NONE VICKI KASAD, CITY CLERK CITY OF LAKE EL.~,'INORE (SEAL) STATE OF' CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) __' I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 948 of said Council, and that the same has not been amended or repealed. D D: December 23, 1992 r VICKI IZASAD, CI'PY LERK CITY OF LAKE ELSINORE (SEAL)