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HomeMy WebLinkAbout0003_4_PA 2017-25 - Exhibit C - CofA Applicant’s Initials: _____ Page 1 of 21 CONDITIONS OF APPROVAL PROJECT: PA 2017-025/RDR 2021-004 PROJECT NAME: Terracina PROJECT LOCATION: APNs: 378-040-004, 378-040-012, 389-180- 002, 389-180-001, 378-040-006, 378-40-007, 378-040-005, 389-241-019 to 389-241-024, 389-241-013 APPROVAL DATE: April 5, 2022 EFFECTIVE DATE: EXPIRATION DATE GENERAL 1. KB Home Coastal Inc. (Applicant) has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-25 (Residential Design Review No. 2021-04) proposes the design and construction of 402 single-family residential units, preliminary plotting, conceptual landscaping, conceptual wall and fence plan, and related improvements located within Vesting Tentative Tract Map (VTTM) 36557 (Project). The Project proposes twelve floor plans (ranging in size from 1,445 square feet to 3,092 square feet) and five architectural styles (Spanish, Craftsman, Tuscan, Farmhouse, and French Country). The lot sizes for VTTM 36557 range in size from 4,603 sf to 23,566 sf and are 7,232 sf on average. The Project is located southwesterly of Interstate 15 on the north side of existing Lakeshore Drive between Dryden Street and Terra Cotta Road within the Terracina Specific Plan (APNs: 378-040-004, 378-040-012, 389-180-002, 389-180- 001, 378-040-006, 378-40-007, 378-040-005, 389-241-019 to 389-241-024, and 389-241- 013). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of PA 2017- 25/RDR 2021-04, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of PA 2017-25/RDR 2021-04 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 2 of 21 PLANNING DIVISION 1. The Project shall lapse and become void two (2) years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsection (b) of Lake Elsinore Municipal Code (LEMC) Section 17.415.050(I). Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.415 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application. 2. All mitigation measures identified in Mitigated Negative Declaration No. 2015-01 (SCH # 2013091083) shall be adhered to. 3. The applicant shall comply with the provisions of the Terracina Specific Plan and the conditions of approval of Vesting Tentative Tract Map No. 36557 Revision No. 1. 4. The applicant shall provide all project-related on-site and off-site improvements as described in the Terracina Specific Plan document and these Conditions of Approval. 5. Future development shall comply with these Conditions of Approval and those provisions and requirements contained in the Terracina Specific Plan document. 6. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy. 7. All future development proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 8. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Materials and colors as depicted in the approved Design Review Package shall be used unless minor modifications are approved by the Community Development Director or designee or major modifications are approved by the Planning Commission. 9. The following architectural details shall be provided: • All front fence returns shall be decorative masonry walls. Vinyl or steel (tubular steel) gates are allowed in order to allow access to rear yards. • The applicant shall provide four-sided articulation. Architectural enhancements and treatments shall be provided on all residential elevations (front, rear and side) visible from streets and other public views. • All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 3 of 21 10. The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat area and air conditioning units. 11. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain street addresses for all production lots prior to issuance of building permit. 12. The applicant shall pay all applicable City fees, including but not limited to Development Impact Fees (DIF) per LEMC Section 16.74, Transportation Uniform Mitigation Fees (TUMF), Traffic Infrastructure Fees (TIF), Area Drainage Fees, Capital Improvement Impact/Mitigation Fees, and Plan Check fees, at the rate in effect at the time the application for VTTM 36557 was deemed complete plus inflationary increases in effect at time of payment. a. TUMF: Rate/Per Dwelling Unit. Due prior to occupancy; amount payable based on fee at time the application for VTTM 36557 was deemed complete, plus inflationary increases and such other reasonable increases in effect at time of payment as contemplated under LEMC Section 16.83.040, subpart C. b. TIF: Rate/Per Dwelling Unit. Due prior to occupancy; amount payable based on fee at the time the application for VTTM 36557 was deemed complete plus inflationary increases in effect at time of payment as provided by Resolution No. 2002-22. c. Public Building Facilities Fee: Rate/Per Dwelling Unit. Due prior to occupancy; amount payable based on fee at the time the application for VTTM 36557 was deemed complete plus inflationary increases in effect at time of payment as provided by Resolution No. 2005-96. d. Fire Facilities Fee: Rate/Per Dwelling Unit. Due prior to occupancy; amount payable based on fee at the time the application for VTTM 36557 was deemed complete plus inflationary increases in effect at time of payment as provided by Resolution No. 2006- 69. e. Library Facilities Fee: Rate/Per Dwelling Unit. Due prior to occupancy; amount payable based on fee at the time the application for VTTM 36557 was deemed complete. f. MSHCP Fee: Due prior to occupancy; amount payable based on fee at the time the application for VTTM 36557 was deemed complete plus inflationary increases in effect at time of payment as provided by LEMC Section 16.85.090. g. Area Drainage: The project lies within West Lake Elsinore (approx. acres 23) and Nichols SW (approx. acres 128). Area Drainage due at grading permit; amount payable based on fee at time vesting map application was deemed complete, plus inflationary increases in effect at time of payment as provided by LEMC Section 16.72.060. Current Rates: West Lake Elsinore – $5,955/gross acre; Nichols SW - $6,080/ gross acre 13. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 4 of 21 future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Prior to Recordation of Final Tract Map(s) 14. All lots shall comply with minimum standards contained in the Terracina Specific Plan. 15. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 16. Street names within the subdivision shall be approved by the Community Development Director or Designee. 17. All improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 18. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 19. Prior to recordation of a Final Map, the applicant shall initiate and complete the formation of a Homeowner’s Association (HOA) which shall be approved by the City, recorded, and in place. All Association documents shall be submitted for review and approval by City Planning and Engineering and the City Attorney; and upon City approval shall be recorded. Such documents include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs). a. At a minimum, all recreation and park areas, all natural slopes and open space, all graded slopes abutting public street rights-of-way which are not part of residential lots, up slopes from public rights-of-way within private lots and all private streets, and all drainage basins shall be maintained by the HOA. b. CC&Rs shall prohibit front-yard microwave satellite antennas. c. CC&Rs shall prohibit the use of water-intensive landscaping and require the use of low water use landscaping pursuant to the provisions of LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. Prior to Issuance of Grading Permits/Building Permits 20. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 21. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 22. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 5 of 21 • Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show the location of all wood, vinyl or steel (wrought iron or aluminum) gates placed within the front return walls. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. • Off-site block wall shall be provided to comply with Vesting Tentative Tract Map Condition of Approval No. 121a. 23. All signage shall be subject to Planning Division review and approval prior to installation. 24. The applicant shall submit for review and approval by the Building Division building plans that are designed to current UBC and adopted codes and meet all applicable Building and Safety Division requirements. a. Driveways shall be constructed of concrete per Building and Safety Division standards. 25. The applicant shall prepare a list of proposed street names for review and approval by the Planning, Building, and Fire Departments of the City. 26. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. 27. The applicant shall comply with all applicable City Codes and Ordinances. 28. Prior to issuance of building permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped- accessible bathroom. 29. Construction phasing shall be implemented in accordance with the approved Phasing Plan which avoids construction traffic from entering occupied neighborhoods within the tract. 30. A cash bond in the amount of $1,000 shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 31. A cash bond in the amount of $1,000 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 6 of 21 adequately restored, subject to the approval of the Community Development Director or designee. 32. A cash bond in the amount of $1,000 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 33. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit. 34. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 35. All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit. 36. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent plant coverage using a combination of drip and conventional irrigation methods. Construction Landscape & Irrigation drawings shall be prepared, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Cost Estimate for materials and labor shall also be submitted for review and approval. A Landscape Plan Check fee will be charged prior to final landscape approval based on the Consultant's fee, inspection, permit and administration fees. • The applicant shall replace any street trees harmed during construction, in conformance with the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. • Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. • The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed three feet and whose canopy does not fall below six feet. • The landscape plan shall provide for California native drought-tolerant ground cover, shrubs, and trees. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. • No front-yard grass turf landscaping will be installed. • All landscape improvements shall be bonded with a ten percent (10%) Faithful Performance Bond of the approved estimated labor and materials cost for all planting. The bond shall remain in effect for one year from Certificate of Occupancy. • All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. • All Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by: Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 7 of 21 1) Implementing hydrozones; 2) Minimizes high water-use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates water-efficient (“drought-tolerant” / climate-appropriate) plants; 3) Requires an efficient irrigation system that includes: a. ET-Based (“Smart irrigation”) controller(s) with weather-sensing, automatic shut-off and seasonal adjustment capabilities; b. Efficient irrigation water application through use of: i. Low-volume point-source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and/or ii. Spray or rotor-type nozzles for areas a minimum of eight (8) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 4) Improvement of soil structure for better water retention; and 5) Application of mulch to hinder evaporation. • The Final landscape plan shall be consistent with any approved site and/or plot plan. • The Final landscape plan shall include planting and irrigation details. • All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. • All landscaping and irrigation shall comply with the water-efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements) as adopted and any amendments thereto. 37. The applicant shall place a weatherproof 3’ x 3’ sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. PUBLIC WORKS DEPARTMENT/ ENGINEERING DIVISION General 38. All utilities except electrical over 35 KV shall be placed underground, as approved by the serving utility. Arrangements for relocation of utility company facilities (power poles, vaults; etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 39. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 40. Street lighting and landscaping on public right-of-way shall be maintained by a maintenance assessment district LLMD 1. The project will annex into LLMD #1 prior to first building permit issuance. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 8 of 21 41. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner’s association or private property owner. Adequate access through the developed road system and / or open spaces shall be provided for maintenance and delineated on grading plans. 42. Construction traffic shall use Terra Cotta Road via Nichols Road to minimize impacts to existing residents. 43. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. Grading 44. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required. 45. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 CY shall be approved by City Council. (LEMC 15.72.065) 46. All export material shall be discharged into a legal disposal site. No permittee shall process, including, but not limited to, crush, sift, or segregate, excavated earth materials on site for export and commercial sale without first obtaining a permit pursuant to Chapter 14.04 LEMC regarding surface mining and reclamation. (LEMC 15.72.065) 47. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 48. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. Adequate and safe access for maintenance of detention/water quality basins shall be provided. 49. All storm drain plans connecting to Riverside County Flood Control facilities will be approved by RCFC, and an encroachment permit from RCFCD will be required. 50. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ x 11” Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 51. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 52. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 53. Drainage from the project site shall be released from the project site in a safe manner as Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 9 of 21 approved by the City Engineer including but not limited to release to natural channels, public facilities and/or drainage easements existing on adjacent properties or new letters of drainage acceptance. 54. All natural (historic, pre-development) drainage traversing the site shall be conveyed through the site, or, shall be collected and conveyed to a safe and appropriate discharge point by a method approved by the City Engineer. 55. Applicant shall obtain all necessary off-site easements for any off-site grading, if needed, from the adjacent property owners prior to final map approval. Improvements 56. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 57. An Encroachment Permit shall be obtained prior to any work in City right-of-way. 58. Terra Cotta Road shall be graded and used as construction access prior to precise grading activity. Prior to building permits, Terra Cotta Road shall be paved, with final lift of asphalt to be placed at completion of building activity. 59. All existing accesses for ingress/egress to Terra Cotta Road from abutting properties must be maintained. 60. Construct Terra Cotta Road at its full width section as a Secondary Highway with a 90’ Right of Way from Lakeshore Drive north to the northern boundary of the project. Construction of full improvement of Terra Cotta may be staged as approved by the City Engineer. 61. Construct the extension of Terra Cotta Road from the north project boundary to Nichols Road with a 32’ paved roadway width, including a 4’ graded shoulder on the north and south bound sides, as approved by the City Engineer. 62. Construct the extension of Hoff Avenue from the west project boundary to Terra Cotta Road with a 32’ half width, with a paved half width section as approved by the City Engineer. 63. Install a traffic signal at the intersection of Terra Cotta Road (NS) and Nichols Road (EW) including the following lane geometry: 1 NB left, 1 NB right, 1 EB through, 1 EB right, 1 WB left, 1 WB through, to include the storage length per the project traffic study, width and transitions per City Standards. Fair share mitigation in lieu of construction may be accepted with the amount approved by the City Engineer. 64. Construct Lakeshore Drive adjacent to the project site at its ultimate half width section (60’), including sidewalk and parkway improvements consistent with the adjacent improved sections of Lakeshore Drive and additional 14’ width for a NB right turn lane on Lakeshore at Terra Cotta Road in conjunction with development. 65. Install a full intersection traffic signal at all legs of the off-set intersection of Lakeshore Drive and Terra Cotta Road as designed by the Project’s Traffic Engineer and reviewed and approved by the City Engineer. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 10 of 21 66. Construct Dryden Street adjacent to the project site at its ultimate half width section, including sidewalk and parkway improvements in conjunction with development. 67. Install a traffic signal at the intersection of Lakeshore Drive and Dryden Street. 68. Construct Stoddard Street adjacent to the project site at its ultimate half width section, to include sidewalk and parkway improvements in conjunction with development. 69. The developer shall be responsible for acquiring right-of-ways in which the developer or the City has no legal title or interest. If the developer is unsuccessful in acquiring such right-of- ways, the City could assist the developer in the Eminent Domain process at developer’s cost. 70. Costs of General Plan circulation improvements and signalization may be at a minimum partially reimbursable through the City’s Traffic Impact Fee Program. (TIF) 71. Some of the improvements shown on the Map and/or required by these conditions are located offsite on property which neither the City nor the subdivider may have no title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall pay all costs for acquisition of title or interest. 72. A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans and specifications. Improvements shall be designed and constructed to City of Lake Elsinore Standards, latest edition, and City Codes (LEMC titles 12. and 16.). Street improvement plans shall show existing and future profiles at centerline of street; at top of curb and at centerline of the alley. The profiles and contours will extend to 50’ beyond the property limits. 73. Interior streets shall be dedicated and improved as public residential street (40’/50’ with a 3’ PUE). 74. Traffic Signing and Striping plans shall be required with the street improvement plans. Signing and striping shall be installed in accordance with the plans approved by the City Traffic Engineer. Storm Water Management / Pollutant Prevention / NPDES Design 75. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include: a. General Permit -Construction b. MS4 76. The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority) : (Section XII.E.2, XII.E.3,and XII.E.7) 77. Preventative measures (these are mostly non-structural measures, e.g., preservation of natural features to a level consistent with the MEP standard; minimization of Urban Runoff through clustering, reducing impervious areas, etc.) Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 11 of 21 78. The Project shall ‘Infiltrate, harvest and use, evapotranspire and/or bio-treat the Design Capture Volume (DCV). 79. The Project shall consider a properly engineered and maintained bio-treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site. 80. Any portion of [the DCV] that is not infiltrated, harvested and used, evapotranspired, and/or biotreated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 81. The project shall implement LID practices that treat the 85th percentile storm. 82. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 83. Hydromodification / Hydraulic Conditions of Concern – The project shall identify potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 84. CEQA – If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Division. Construction 85. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. 86. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated as necessary and be available for review upon request. Projects that are not subject to coverage under the General Permit – Construction will prepare and implement an Erosion and Sediment Control Plan in compliance with the California Building Code and Local Ordinances. 87. Prior to grading or building permit the applicant shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the letter of notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. 88. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 12 of 21 construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as applicable, kept updated as needed to address changing circumstances of the project site, be kept at the project site and available for review upon request. Post Construction 89. A preliminary WQMP shall be submitted during the project entitlement stage. The level of detail in a preliminary Project-Specific WQMP will depend upon the level of detail known about the overall project design at the time project approval is sought. At a minimum, the preliminary Project-Specific WQMP shall identify the type, size, location, and final ownership of Stormwater BMPs adequate to serve new roadways and any common areas, and to also manage runoff from an expected reasonable estimate of the square footage of future roofs, driveways, and other impervious surfaces on each individual lot. 90. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for preparation of both the preliminary and final WQMP. 91. The project shall complete and submit for review and approval to the Engineering Division a final WQMP, incorporating the LID Principles and Stormwater BMPs committed to in the preliminary Project-Specific WQMP. The final WQMP shall be approved prior to issuance of any grading or building permit. 92. Operation and Maintenance (O&M) Plan and Agreement that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs. The City format shall be used. 93. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker to prevent illegal dumping in the drain system. 94. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: 1. Demonstrate that all structural Best Management Practices (BMP’s) described in the BMP Exhibit from the project’s approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. 2. Demonstrate that the project has complied with all non-structural BMPs described in the project’s WQMP. 3. Provide signed, notarized certification from the engineer of work that the structural BMP’s identified in the project’s WQMP are installed and operational. 4. Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. 5. Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan attached) are available for each of the initial occupants (commercial/industrial) or HOA as appropriate. 6. Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the engineer of work dated 12 months after C of O will be considered Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 13 of 21 in lieu of a Special Investigation by the City. 7. Provide a recorded copy of one of the following: a. CC&R’s (they must include the approved WQMP and O&M Plan) for the project’s Home Owners Association. b. A water quality implementation agreement has the approved WQMP and O&M Plan attached; or c. The final approved Water Quality Management Plan and Operations and Maintenance Plan. Final Tract or Parcel Map 95. The developer shall submit for plan check review and approval a final map. 96. Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits. 97. Prior to City Council approval of the final Tract Map the developer shall, in accordance with Government Code, have constructed all improvements or have improvement plans submitted and approved, agreements executed and securities posted. 98. Street abandonment shall be processed and approved as part of the final map. 99. Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City, free and clear of all liens and encumbrances and without cost to the city. 100. Applicant shall record CC&R’s for funding, operation and maintenance of slopes and drainage facilities within the project. The CC&R’s shall be approved by the Planning Director and City Engineer prior to recordation of final map. 101. The Final Tract Map or Parcel Map shall include the phasing boundaries consistent with the parcels of the Tentative Tract or Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps. 102. Underground water rights shall be dedicated to the City pursuant to: the provisions of Section 16.52.030 (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. Prior to Issuance of a Grading Permit 103. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 104. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 105. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 14 of 21 106. The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance, if needed, from the adjacent property owners prior to grading permit issuance. 107. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 108. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 109. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 110. A traffic improvement plan which includes the timing of phased improvements shall be submitted to the City Engineer for review and approval prior to issuance of any grading permits for the project. Secondary access shall be provided for each phase. Prior to Issuance of Building Permit: 111. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 112. Submit a “Will Serve” letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 113. Pay all Capital Improvement Mitigation fees (LEMC 16.34). 114. The Final Tract Map shall be recorded. 115. Prior to the issuance of the first building permit: Construct Terra Cotta Road at its full width section as a Secondary Highway with a 90’ Right of Way from Lakeshore Drive north to the northern boundary of the project. The City Engineer at his/her discretion may allow for the phased construction of the ultimate improvements. 116. Prior to the issuance of the first building permit: Construct a 5-foot wide sidewalk on the west side of Terra Cotta Road between Lakeshore Drive and Harrison Avenue. 121a. Prior to the issuance of the 200th building permit: In accordance with the attached agreement (Exhibit 1) entered between the developer and the City of Lake Elsinore, in such form as approved by the City Council’s Development Subcommittee, the City Manager or designee, and the City Attorney, the developer shall either: a) Construct a 6-foot high masonry or decorative block wall at the rear of the existing residences located on the west side of existing Terra Cotta Road at the location set forth in the above-referenced agreement, and plant shrubs and/or other plantings that discourage graffiti; or, b) Pay an in-lieu deposit in the amount of $180,000 or such other deposit as may be set Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 15 of 21 forth in the above referenced agreement to cover the cost of the City’s installation of the wall and associated landscaping. The walls shall be constructed of the same materials used to construct the walls along the entire VTTM 36557 tract boundary as required by Condition No. 22, above. The City shall waive all plan check and permit fees associated with the construction of the wall and associated plantings. 117. Prior to the issuance of the first building permit: Construct the extension of Terra Cotta Road from the north project boundary to Nichols Road with a 32’ paved roadway width with paved roadway section approved by the City Engineer. 118. Prior to the issuance of the 300th building permit: The developer shall pay fee in-lieu of construction of future median improvements on Lakeshore Drive. The fee shall be equal to current cost estimate for improvements (including contingency) plus an additional 15% of the total construction cost estimate to cover design and administrative costs. The cost estimate shall be approved by the City Engineer. Prior to Occupancy 119. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2” x 11” Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 120. All traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 121. Prior to the final inspection and occupancy of the 50th dwelling unit: Install a full intersection traffic signal at all legs of the off-set intersection of Lakeshore Drive and Terra Cotta Road. 122. Prior to the final inspection and occupancy of the 150th dwelling unit: Install a traffic signal at the intersection of Lakeshore Drive and Dryden Street. 123. The fair share cost of future improvements as a condition of this development shall be paid, as per tables 9 and 10 of the January 29, 2014 Revised Terracina Traffic Impact Analysis prepared by Kunzman Associates, Inc. (Appendix E of Mitigated Negative Declaration No. 2014-02). This condition implements Mitigation Measure TRA-4 of Mitigated Negative Declaration No. 2014-02. In lieu of Applicant's Fair Share contribution, Applicant shall install improvements outlined in Condition #61. 124. TUMF fees shall be paid. The TUMF fees shall be based on fee at time the application for VTTM 36557 was deemed complete, plus inflationary increases and such other reasonable increases in effect at time of payment as contemplated under LEMC Section 16.83.040, subpart C. 125. All required public right-of-way dedications, easements, dedications and vacations and easement agreement(s) for ingress and egress through adjacent property(ies) shall be recorded with a recorded copy provided to the City prior to final project approval. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 16 of 21 126. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 127. As-built plans for all in-field revisions to approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. 128. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ x 11” mylar) shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 129. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows: a. Final Map(s) - GIS Shape files* and .tif of recorded map. b. Improvement Plans – GIS Shape files* and .tif of approved as built mylar. c. Grading Plans - .tif of approved as built mylar. *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. COMMUNITY SERVICES DEPARTMENT 130. All open space lots shall be owned and maintained by the Homeowner’s Association (HOA). 131. The 5.1-acre (4.3-acre net) public park (as shown on attached Exhibit 1) shall be included in the Community Facilities District for maintenance and renovation costs. 132. The public park shall include: o An informal sports field o Restroom approximately 300 sq. ft. o On-site parking o 1 cover picnic area with 4 tables o Barbeque, hot ash container o 4 waste containers o Drinking fountain o Half court basketball o 8 benches o One 2-5 year and one 5-12 year playground with shade over the entire play structure o Perimeter walking trail with exercise stations o Park monument sign o Security Lighting o Lockable gate to the parking lot 133. The design of the proposed park site shall provide pedestrian circulation and shall be in compliance with American with Disabilities Act (ADA) requirements. 134. Prior to submittal of construction plans, the developer shall meet with the Director of Communities Services to determine the location and specifications of the park amenities to be provided. The final conceptual design of the park will be approved by the Director of Community Services. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 17 of 21 135. Construction plans and specifications for the park shall be reviewed and approved by the Director of Community Services prior to the approval of the final map. 136. The developer shall post security and enter into a park improvement agreement to improve the public park prior to issuance of the first building permit. 137. Construction of the park shall commence pursuant to a pre-construction meeting with the developer, the developer’s construction contractor and City representatives. Failure to comply with the City’s review and inspection process may preclude acceptance of the park by the City. 138. The developer, the developer’s successor or assignee, shall be responsible for all the maintenance of the public park, including the 90-day maintenance period. After successful completion of the 90-day maintenance period following construction, these responsibilities will be accepted by the City. 139. The public park shall be improved and then conveyed to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall be provided with the conveyance of the property. 140. The completion of the public park shall be in lieu of any Quimby and park Development Impact Fees (DIF) requirements for the development. 141. The developer, the developer’s successor or assignee, shall be responsible for all maintenance of all open space lots until such time as those responsibilities are provided by the HOA. 142. The public 5.1-acre (4.3-acre net) park shall be completed to the satisfaction of the Community Services Director prior to the issuance of the 100th residential building permit. 143. Class II bicycle lanes for Lakeshore Drive and Terra Cotta Road shall be identified on the street improvements plans and constructed in concurrence with the completion of said street improvements. FIRE PROTECTION PLANNING OFFICE General Conditions 144. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 145. Blue Dot Reflectors - Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 18 of 21 146. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,000 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500’ and 250’ maximum distance from any point on the street or road frontage to hydrant. Standard Fire hydrants shall be installed (6”x4”x2-1/2”). 147. Hazardous Fire Area - The proposed project is located high or very high fire zone as adopted in the Lake Elsinore Municipal Code. The project shall adhere to all high fire requirements as prescribed in the Title 24 Codes, any applicable state and local codes pertaining to high fire. The structures shall comply with Chapter 7A of the Building Code and or Section R327 of the California Residential Code. Roofing Materials shall be classified at not less than class “A”. 148. Fuel Modification Plan - Fuel modification plans shall be provided to the Lake Elsinore Fire Protection Planning office. Plans shall include fuels modeling and comprehensive details with regard to the vegetation management plan. The fuels modification zone shall be not less than 100’ from all structures and may be required to be increased. 149. Minimum Access Standards - The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions: 1. Twenty-four feet (24’) clear width. Where parking is to be provided, each parking side shall be provided with eight (8’) additional feet on each side of the fire department access. 2. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet. [Ord. 529 § 3.2(F), 1973]. 3. The required all weather vehicular access shall be able to support no less than 70,000 lbs. over 2 axles. 4. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. 5. Turning Radius shall be 26’ inside and 38’ outside for all access roads. 150. Secondary Access - In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation. Prior to Building Permit Issuance 151. Water System Plans - Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 19 of 21 152. Prior to Building Construction Verification - This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During such inspection all permanent road signs shall be in place, all hydrants shall on operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. Prior to Building Final Inspection 153. Residential Fire Sprinkler Systems for Single family and two-family 13D - Install a complete fire sprinkler system designed in accordance with California Residential Code, California Fire Code and adopted standards. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 154. Designated Fire Lanes - The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/ or signs. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD 155. Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Conditional Use Permit (as applicable), the applicant shall annex into Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a non-refundable deposit of $15,000, or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) 156. Prior to approval of the Final Map, Parcel Map, Residential Design Review, Conditional Use Permit or building permit (as applicable), the applicant shall annex into the Community Facilities District No. 2015-2 (Maintenance Services) to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a non- refundable deposit of $15,000, or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. MITIGATED NEGATIVE DECLARATION NO. No. 2014-02 (SCH #2013091083) MITIGATION MEASURES 157. The applicant shall comply with the mitigation measures set forth in the Mitigation Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 20 of 21 Monitoring & Reporting Program (MMRP) for Mitigated Negative Declaration No. 2014-02, which was adopted for this project. 158. The applicant shall fund the implementation of the Mitigation Monitoring & Reporting Program (MMRP) through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. Terracina Planning Commission: April 5, 2022 Conditions of Approval Applicant’s Initials: _____ Page 21 of 21 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above- named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the Planning Commission of the City of Lake Elsinore on April 5, 2022. I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: Terracina - Subdivision Improvement Agreement 102716.docx Page 1 CITY OF LAKE ELSINORE SUBDIVISION IMPROVEMENT AGREEMENT (Vesting Tentative Tract Map No. 36557 – Condition of Approval No. 121a) THIS SUBDIVISION IMPROVEMENT AGREEMENT (Vesting Tentative Tract Map No. 36557 – Condition of Approval No. 121a) (the “Agreement”), dated as of _________________ ___, 201__, is made by and between the CITY OF LAKE ELSINORE, a municipal corporation (“City”), and TERRACINA INVESTORS, LLC, a California limited liability company (“Subdivider”). RECITALS A. Subdivider is the owner of approximately 150.8 acres of real property in the City of Lake Elsinore (the “Property”). The Property is the subject of the Terracina Specific Plan. B. On July 14, 2015, the City Council of the City of Lake Elsinore (“City Council”) approved, in addition to other development entitlements, Vesting Tentative Tract Map No. 36557 (“VTTM 36557”). VTTM 36557 along with the other related entitlements allow for the subdivision of the Property and construction of 452 single-family residences along with related amenities and public improvements (the “Project”). C. In connection with the approval of VTTM 36557, the City Council adopted Resolution No. 2015-036 adopting certain conditions of approval entitled: CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 36557(TERRACINA SPECIFIC PLAN) (the “Conditions of Approval”). Resolution No. 2015- 036 and the Conditions of Approval are on file in the office of the City Clerk and are incorporated into this Agreement by reference. D. Condition of Approval, No. 121a (“COA 121a”) relates to a condition that the Subdivider construct a masonry or decorative block wall in an adjacent off-site area to be completed before issuance of the Project’s 200th building permit (the “Improvements”). COA 121a contains no obligation to remove, remediate or otherwise improve existing off-site wood fences. E. The proposed timing for the installation of the Improvements will necessarily occur after an approval of one or more final maps for the Project such that Subdivider is required pursuant to Government Code section 66462 to enter into a suitable agreement and provide security for such off-site public improvement as a condition precedent to such approval. F. In addition to satisfying the requirements of Government Code section 66462, installation of the Improvements involves a public right of way directly adjacent to backyards of 14 single family residences. As a consequence, the parties desire to coordinate efforts in order to efficiently install the Improvements and minimize disturbances and inconvenience to these adjacent private property owners. Page 2 G. COA 121a provides as follows: Prior to the issuance of the 200th building permit: In accordance with an agreement between the developer and the City of Lake Elsinore, in such form as approved by the City Council’s Development Subcommittee, the City Manager or designee, and the City Attorney, the developer shall either: a) Construct a 6-foot high masonry or decorative block wall at the rear of the existing residences located on the west side of existing Terra Cotta Road at the location set forth in the above- referenced agreement, and plant shrubs and/or other plantings that discourage graffiti; or b) Pay an in-lieu deposit in the amount of $180,000 or such other deposit as may be set forth in the above-referenced agreement to cover the cost of the City’s installation of the wall and associated landscaping. The wall shall be constructed of the same materials used to construct the walls along the entire VTTM 36557 tract boundary as required by Condition No. 22, above. The City shall waive all plan check and permit fees associated with the construction of the wall and associated plantings. H. With respect to the approval of any final map(s) for the Project prior to the completion and acceptance of the Improvements, this Agreement is intended to satisfy the requirement of Government Code section 66462 with respect to satisfaction of COA 121a only. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to commencing installation of the Improvements, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer (the “Improvement Plans”). The Improvement Plans shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under COA 121a and this Agreement. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Subdivider has provided a sample of the proposed block wall building system which is attached hereto as Exhibit A. Subdivider shall not be obligated to pay City inspection fees or for City staff time, including any administrative overhead costs, associated with the Improvements. Notwithstanding, Subdivider is responsible for actual costs of design and construction of the Improvements. 3. Improvement Security. In connection with the City Council’s consideration of a final map for the Project, Subdivder shall guarantee Subdivider’s performance of this Agreement Page 3 by furnishing to City, and maintaining, good and sufficient security in conformance with the requirements of Government Code section 66499, et seq., and as otherwise required by the Subdivision Map Act, on forms and in the amounts approved by City. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Paragraph 10 of this Agreement. 4. Permits Required. Prior to commencing construction of the Improvements, Subdivider shall obtain all required permits, provided, however, that the City shall waive all required plan check and permits fees imposed by the City. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Coordination with Adjacent Property Owners; Election to Pay In-Lieu Fee. a. Coordination with Adjacent Property Owners. The block wall will be constructed in the public right of way adjacent to the backyards of 14 private residences (the “Adjacent Properties”). The public right of way and Adjacent Properties are separated by wood fences that vary from good to very poor condition. The block wall will be constructed adjacent to and behind the location of these wood fences. In addition, three of the Adjacent Properties contain unpermitted gates within the back fence. At least 60 days before the anticipated commencement of construction of the Improvements, City shall prepare a notice directed at the owners of the Adjacent Properties (the “Adjacent Property Owners”) of the anticipated commencement of construction of the Improvements. . The notice may include an invitation for the Adjacent Property Owners and other interested persons to attend an informational meeting to be conducted by the City at Lake Elsinore City Hall. Subdivider and City shall reasonably cooperate in providing information to the residents of the Adjacent Properties. The City may provide encroachment permits to the Adjacent Property Owners for ancillary private backyard use that may exist within the public right of way following completion of the Improvements. b. [INTENTIONALLY LEFT BLANK]. c. Indemnity as to Adjacent Property Owners. Subdivider shall not be liable for any damages to the Adjacent Property by reason of the installation and construction of the Improvements in accordance with the Improvement Plans. City agrees to protect and hold harmless Subdivider from any property related claims, demands, causes of action, liability or loss, including, but not limited to, attorney fees and litigation expenses, brought by the Adjacent Property Owners as a result of the installation and construction of the Improvements in accordance with the Improvement Plans. This indemnification and agreement to hold harmless shall be limited to damages or taking of property resulting from construction of the Improvements in accordance with the Improvement Plans. Page 4 d. Subdivider’s Election to Pay In-Lieu Fee. At any time prior to the commencement of construction of the Improvements, Subdivider shall be entitled to pay a fee of $180,000 in lieu of installing the Improvements (the “In-Lieu Fee”). Upon the City’s receipt of the In-Lieu Fee, Subdivider’s obligation pursuant to COA 121a shall be deemed satisfied. Payment and receipt of the In-Lieu Fee shall be governed by the refunding provisions of subpart (e) of this Section 5. e. City Engineer’s Election to Have City Receive Alternative In-Lieu Fee. In the event that the City Engineer, in consultation with the City Manager and the City Attorney, reasonably determines that the opposition to the Improvements posed by some or all of the Adjacent Property Owners necessitates delaying the commencement of construction such that Subdivider will not reasonably be able to complete the Improvements within the time provided under COA 121a, the City Engineer may demand payment of an in-lieu fee, provided, however, that such in-lieu fee shall not exceed Subdivider’s reasonable anticipated actual cost for construction of the Improvements. Payment of the In-Lieu fee by Subdivider shall fully satisfy COA 121a. Subdivider may submit a bid from a qualified licensed contractor in good standing in order to verify Subdivider’s anticipated actual cost for the Improvements. Any In-Lieu Fee paid by Subdivider shall be refunded if construction of the Improvements is not commenced by the City within 36 months of payment of the In-Lieu Fee. If the Improvements are not completed within 6 months of commencement of construction, the unspent, unencumbered portion of any remaining In-Lieu Fee shall be refunded to Subdivider. 6. Completion of Improvements; Inspection. a. Construction of Improvements. Subdivider shall complete construction of the Improvements prior to the issuance of the 200th building permit for the Project. Failure by Subdivider to complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this Agreement, to refuse to issue building permits and other approvals for the Project, to revise improvement security requirements as necessary to ensure completion of the Improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this Agreement or Subdivider’s obligations hereunder. b. Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Improvements. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Page 5 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider’s control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. 9. [INTENTIONALLY LEFT BLANK]. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider’s engineers or surveyors, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by Condition 121a and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words “As-Built,” “As-Constructed,” or “Record Drawing,” the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or Page 6 caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs. 14. Release of Security. City shall retain and release securities in accordance with the provisions of Paragraph 3 of this Agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney’s fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. Except as provided in Paragraphs 5 and 21, neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Except as provided in Paragraph 5, Subdivider further agrees to protect and hold harmless Indemnified Parties from any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. Page 7 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement. 21. Prevailing Wage Law Indemnification. Subdivider has been advised that the Improvements may constitutes a public works project necessitating the payment of Prevailing Wage and as such, the City may determine, in its discretion, the necessity of submitting a form PWC-100 to the Department of Industrial Relations with respect to the Improvements. Accordingly, in connection with the work provided by Subdivider pursuant to this Agreement, Subdivider shall bear all risks of payment or non-payment of prevailing wages under California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (“Prevailing Wage Laws”), and Subdivider hereby agrees to defend, indemnify, and hold the City, and its officials, employees, and agents from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 22. General Provisions. a. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. b. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. c. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. d. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. e. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys’ fees from the non-prevailing party. Page 8 f. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. g. Time is of the essence in the performance of each and every provision of this Agreement. h. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. i. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: Susan M. Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney “SUBDIVIDER” TERRACINA INVESTORS, LLC, a California limited liability company By: _____________________ Its: _____________________ Attachments: EXHIBIT A – ORCO WALL SYSTEM DETAIL ORCO STANDARD 6’ TO 8’ CMU SITE WALLS EXHIBIT A ORCO WALL SYSTEM DETAIL ORCO STANDARD 6’ TO 8’ CMU SITE WALLS