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Home My WebLink AboutOrd. Nos 1990-877-907, RDA 1 ORDINANCE NO. 877 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 22 . 67 ACRES LOCATED AT THE NORTHWEST CORNER OF CENTRAL AND COLLIER AVENUE, FROM C-P (COMMERCIAL PARK DISTRICT) AND M-2 (GENERAL MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) (ZONE CHANGE 89-7 - RANCON REALTY FUND IV) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: i SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: A.P. #377-060-006 - PORTION OF LOT 241 A.P. #377-060-009 - LOTS 237, 238 & 239 BLK B A.P. #377-060-010 - LOTS 232 , 233 & 234 BLK B A.P. #377-060-011 - PORTION LOTS 228 & 229 BLK B AND LOT 230 & 231 BLK B A.P. #377-060-012 - A.P. #377-070-004 - PORTION LOT 15 BLK F A.P. #377-070-005 - LOT 17 BLK F A.P. #377-070-006 - LOT 14 BLK F A.P. #377-070-011 - PORTION LOT 246 A.P. #377-070-012 - PORTION LOT 246 A.P. #377-070-019 - PORTION LOT 247 BLK B A.P. #377-070-020 - PORTION LOTS 247, 248, 249 & 250 A.P. #377-070-021 - A.P. #377-070-022 - PORTION LOT 251 A.P. #377-070-024 - PORTION LOT 251 A.P. #377-070-025 - PORTION LOT 246 BLK B AND LOTS 243 , 244 & 245 BLK B A.P. #377-070-026 - PORTION LOT 242 A.P. #377-070-027 - PORTION LOT 1 BLK 6 from C-P (Commercial Park District) and M-2 (General Manufacturing) to C-2 (General Commercial) Zoning District on approximately 22 . 67 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 C-2 Zoning District. Approval is based on the following: 1. Negative Declaration 89-22 has been prepared for Zone Change 89-7 and Tentative Parcel Map 24571 based on the Finding that all project impacts can be mitigated and no environmental impacts are anticipated. 2 . This Zone Change is consistent with the General Plan. .........__ . 3 . State Planning Law, California Government Code Section 65860, requires that zoning be consistent with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this _gth day of Janury, 1990 , upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of January, 1990 , upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 4-IASHBURN, !4INKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE r 2Jim Winkler, Mayor ATTEST: ";r�- I -� n( j Viclti Ly a Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper ity ttorney r i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, i -C •T1'.'tT T[ /4YITTTw•-• !_1- ., f _ - • �. y • • . - ✓� .-+.++ 1:.1.:.•. vaiIi.L i "A i"�. •..la-:r Lvi cy V.i.S lt� �1i 1.t.1.11C111�r G• ha 14� L.LL S� Leacxing on January 9, 1990, and had its second reading on January 23, 1990 and was passed by the following vote: i AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER i NOES: COUNCILMEMBERS: NONE i ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE _ 1 4VIC YN SAD, CITY CLERK CITY OF ' RE ELSINORE 1 (SEAL) I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) i F 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 1 correct copy of Ordinance No. 877 of said Council, and that the i � same has not been amended or repealed. DATED: January 24, 1990 R Y]NrNE SAD, ITY ERK CITY OF LAK ELSINORE (SEAL) t i I ORDINANCE NO. 878 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.24 ACRES LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND JOY AVENUE, FROM C-P (COMMERCIAL PARK DISTRICT) TO C-2 (GENERAL COMMERCIAL) (ZONE CHANGE 89-15 - IRVANI/BROWN) . 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 i hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers 379-131-010 AND 379-131-012 from C-P (Commercial Park District) to C-2 (General Commercial) Zoning District on approximately 1. 24 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 C-2 Zoning District. Approval is based on the following: 1. No environmental impacts are anticipated as a result of the project. 2 . The proposed zoning is consistent with the General Plan designation. 3 . Government Code Section 55860 requires that zoning be consistent with the General Plan. 4. Although the proposed zoning is inconsistent with the proposed General Plan Designation a finding of associated environmental impacts can not be made. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 26th day of December, 1989 , upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHRURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day of January, 1990 , upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE 'tFim Winkler, Wayor ATTEST: C) Vicki Lynn Kasad, City Clerk (SEAL) APPROVED AS TO FORM. AND LEGALITY: John R. Harper, U y torney 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 had its first reading on December 26, 1989, and had its second reading on January 9, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, D.OMINGUEZ, STARKEY, WASHBU RN, WINKLER I NOES: COUNCILMEMBERS: NONE I ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY OF LA ELSDNORE, CITY C ERK i (SEAL) i STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, 4 DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 878 of said Council, and that the same has not been amended or repealed. DATED: January 10, 1990 i VI L N KA A , CITY CLERK CITY OF, LA ELSINORE (SEAL) I i 1 i i ORDINANCE NO. 872 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A SPECIFIC PLAN FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS , the Citv Council of the Citv of Lake Elsinore (the "City") has previously certified an environmental impact report No. SCH 79082906 (the "EIR") with respect to the Tuscany Hills Development (the "Project") ; and WHEREAS , Homestead Land Development Corporation (the "Developer") , as developer of the Project , subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens ' Kangaroo Rat habitat , to be implemented by a Conservation Agreement among the City, the Developer , and the United States Fish and Wildlife Service (the "Conservation Agreement") and an Agreement and Declaration of Covenants , Conditions and Restrictions on Use ("Declaration of Covenants") ; and WHEREAS , the City has caused an Addendum to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, delivery and performance of the Conservation Agreement and Declaration of Covenants , and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single- and multi-family development to a single-family development ; and WHEREAS , the Planning Commission has previously reviewed the EIR and the Addendum and has recommended that the City Council (1) certify that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City' s CEQA guidelines ; (2) approve the Specific Plan for the Project , (3) approve the Conservation Agreement and the Declaration of Covenants and (4) approve amendments to the 1980 Development Agreement for the Project ; and WHEREAS , the City Council reviewed the EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act , and has considered the information contained therein and in the other documents referred to therein; and WHEREAS , the City Council has certified the Addendum to the EIR and has made the findings required_ by Section 15091(a) of the State CEQA Guidelines , attached hereto as Attachment A; and WHEREAS , the City Council is contemporaneously approving the Amended and Restated 1980 Development Agreement, the Conservation Agreement and the Declaration of Covenants relating to the Project . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN 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 , attached hereto as Attachment A, the City Council. hereby (i) finds that the Specific Plan for the Project area attached hereto as Exhibit A is consistent with the General Plan of the City, (ii ) finds that the adoption of the Specific Plan is in the public interest , (iii) approves and adopts the Specific Plan, and (iv) approves and adopts the Mitigation Monitoring Program contained in Appendix 15 to the Specific Plan. Section 2. 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 be published and posted in the manner required by law. PASSED UPON FIRST READING this 9th day of January, 1990, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of January 1990, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, 14INKLER I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE I IM WINKLER, MAYOR CITY OF LAKE ELSINORE ATTEST: L VICKI S D, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: OHN R. HARPER, CI Y ATTORNEY ::'ATE OF CALIFORNIA ) DUNTY OF RIVERSIDE ) SS: STY OF LAKE ELSINORE ) ' I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore CAI.X"d.lr i 4 idu 1:111-- 1Cy.LCyU-L11y lJY'dinance has its LXrst reaaing on January 9, 1990, and had its second reading on January 23, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE V CKI L`NNE S , I Y CLERK 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. 879 of said Council, and that the same has not been amended or repealed. DATED: January 24, 1990 ICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) ._i��:ri.':��f:{si:`_�z^==:zr ,.....,..'.i:na;i', ',�s;'c,ti:':-. ..x •.:t��F�(:.z;`� ..... ., ... .. r ATTACHMENT A TO RESOLUTION 8913 Y TABLE OF QKJENT FINDINGS AND FACTS IN SUPPORT OF FINDING ADOPTED BY THE PLANN NC -COMMISSION OF THE CITY QF LAKE ELSINORE FOR THE HOMESTEAD LAND D ELOPMENT (SPECIFIC PLAN, AMENDED AND REST D DEVELOPMENT AQREEMENT AND CONSERVATION AGREEMENT) FINAL EIR SH NO. _79082906 , AS &MNDFD AS ADOPTEr? BY THE-__2LANNjNG _Q=jSSjON ON DECEMHER � 89 1. FINDINGS REGARDING SIGNIFICANT EFFECTS THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL OF INSIGNIFICANCE 1.1 Topography 1.2 Seismic Impacts 1.3 Air Quality 1.4 Biological Environmental 2. POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR WHICH CAN BE MITIGATED TO A LEVEL OF INSIGNIFICANCE 2.1 Geology and Soils 2.2 Hydrology and Flood Control 2.3 Climate 2.4 Cultural Resources 2 . 5 Land Use, Zoning and General Plan 2. 6 Traffic and Circulation 2.7 Public Services and Utilities 2 .8 Energy Conservation -i- 4p!!= 1 i 2.9 Growth Inducing Impacts 2. 10 Cumulative Impacts 3 . FINDINGS REGARDING ALTERNATIVES 3. 1 No Project Alternative 3 .2 Decreased Overall Density Alternative 3 .3 Increased Overall Density Alternative 4 . FINDINGS REGARDING MITIGATION MONITORING PROGRAM 4. 1 Requirement Of Mitigation Monitoring Program r• `_ I CITY OF LAKE EL51NORE REGABDIN LIBL -LMUNMENTAL IMPACT REPORT TULAMLliMU.. DEVELOPMENT The State Guidelines ("Guidelines") promulgated pursuant to the California Environmental Quality Act ("CEQA") provide as follows (Guidelines Section 15091) : (a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. "finding (1} . "1 (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [This finding ha-- ►.o r fPrrwrl to aS "finding (2) . "] (3) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. [This «finding (3) , "] -1- Findings required for residential projects are further explained in Guidelines Section 15183 . The Environmental Impact Report ("EIR") for the Tuscany Hills residential project ('Project") proposed by Homestead band Development Corporation identifies significant effects on the environment which may occur as a result of the Project. Section 1 of this Attachment identifies the significant environmental effects of the Project which cannot feasibly be mitigated to a level of insignificance. Section 2 sets forth potential environmental effects of the Project which are not significant because of the design of the Project or which can feasibly be mitigated to a level of insignificance. Section 3 provides findings regarding the alternataives discussed in the EIR. Section-4 contains findings regarding the Mitigation Monitoring Program for the Project . The findings set forth in each section are supported by facts established in the administrative record of the Project . 1. THAT CANNOI FEASIBIY BE MITIGATED TO A LEVEE, OF INSIQNIFICANCE The City has determined that EIR mitigation measures and proposals included as part of the Project will result in a substantial mitigation of the following effects, but that these effects cannot feasibly be mitigated to a level of insignificance. 1.1 T_gnographv. l .l. l Eignificant F_ffert: The Project will moderately alter the topography of the Project site. Grading of home sites will level some of the ridge and hilltop areas, and many smaller canyons will be filled. (1) and (3) . Findings: The City hereby makes findings Facts-in Support of Fi ; nn5 : The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) The larger lots in the southern portion of the site will help reduce topographic changes to the steeper slopes in this area. -2- • (b) All City ordinances related to grading will be followed to minimize topographic changes . (c) Grading and earthwork improvements will be balanced on-site. (d) To the maximum extent feasible, grading activities will conform the existing land contours . (e) Approximately 170 acres within the southern portion of the Project site will remain in their natural and ungraded state. Further, the estate lots to be developed in the southern half of the Project will encompass 57 acres on which only limited grading will occur. Approximately 33 acres in the northern portion of the Project site will be left as open space in its natural state, another 34 acres in the northern portion will be developed for park, recreation and lake uses and a 31 acre wildlife corridor. (f) Single-loaded streets will be utilized to help maintain the natural land form. 1.2 5.9ismic Impact g : 1.2.1 Due to the large number of fault zones in the State of California, and within or nearby the City, the Project and all surrounding areas are in proximity to a number of significant fault areas . The Project site is approximately 1/2 mile at its closest from the Elsinore Fault Zone, and is relatively proximate to the Glen Ivy Fault, the Willard Fault and the Wildomare Fault. Additionally, the Project site is approximately 20 miles from the flan Jacinto Fault and approximately 30 miles from the San Andreas Fault. A study performed by GeoSoils, Inc. indicates that the Project site may be subject to an earthquake of magnitude 6 .0 or greater during the next 50 years . Earthquakes of such magnitude could cause damage to residential units. (I) and (3) . Findings : The City hereby makes findings FactZ in 5URVnIt of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect . (a) The design of fill slopes and embankments will be sufficient to minimize earthquake impacts. Proper design, compaction and construction will -3- �S J/ r reduce the potential for landslide impacts on manmade slopes. (b) All proper design criteria will be employed to minimize potential impacts to and from local geologic formations. All seismic building requirements will be met to reduce or eliminate impacts from seismic activity on structures . Proper engineering will ensure foundation integrity against differential settling. 1.3 Air Quality 1.3 . 1 S-i-gnifigant Effect: The City and the Project site are within a region which is a nonattainment area for ozone and particulate matter (PM-10) . The Project will adversely impact both local and regional air quality during the construction phase and during the lifetime of the completed Project. Construction activities will generate on-site fumes and odors from construction machinery, as well as exposing a large area of bare earth to wind which may result in the generation of significant amounts of dust. These construction impacts may be expected during all pnases of construction, but will be short-term impacts in nature. Long term impacts will result from vehicular traffic associated with the Project, off-site electricity production, and on-site consumption of natural gas and other sources such as fireplaces . Findings: The City hereby makes findings (1) , (2) and (3) . Facts in Support_pf_Findings : The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) Dust generation will be controlled by watering areas prior to and during grading. Landscape vegetation will be introduced as soon as construction is completed. (b) The number of vehicle miles traveled for home-to-work trips may be reduced by: 1) various governmental efforts to induce more employers to locate in the Tri-Community Area to reduce trip length; and 2) governmental efforts to provide bus service from the Project area to employment centers in surrounding areas. (c) The developer will provide information concerning the Cal-Trans ride-sharing program to new home buyers at its sales office. -4- I t (d) The neighborhood commercial center will provide for a portion of the retail needs of the Project residents . (e) The Project developer will use energy conserving design and construction techniques as required under State law and will comply with the requirements of Title 24 of the California Code of Regulations. (f) The Project is in compliance with the South Coast Air Quality Management Plan. 1.4 Biological EBy,,ironment 1.4 .1 Potential Effect: The site contains various types of habitats having some biological value: coastal-inland and coastal sage scrub; riparian woodlands; and brushy slopes and Bosanko clay exposures . Within the sage scrub habitat, the presence of the Stephens ' Kangaroo Rat (a federal endangered species) has been identified. Riparian habitat exists along some drainage areas (San Jacinto River tributories) . Development of the Project will result in the removal of roughly 2/3rds of the existing coastal sage scrub habitat from the Project site. As this habitat is removed during construction phases, associated on-site wildlife (including the Stephens ' Kangaroo Rat) will decline as individuals are either destroyed or displaced to adjacent habitat areas. Displaced individuals will crowd and disrupt adjacent local populations temporarily until competition and predation return populations to habitat carrying capacity levels. Wide ranging mammals and birds of prey will no longer be able to use the Project site for foraging activities . Certain sensitive avian species, including the golden eagle, the white-tailed kite, the red shouldered hawk, osprey and the California black-tailed gnatcatcher, may frequent certain areas of the Project site. Further, development of the Project will constitute an incremental loss in vegetation and wildlife resources which, when considered with other development projects scheduled or contemplated for development within the City of Lake Elsinore area, contribute to a cumulative loss of biological resources from the area. (1) and (3) . Findings: The City hereby makes findings Facts in Support of Findings : The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. -5- (a) Development of the study site will begin in the southern portion and will progress northward in phases. Phasing will allow for a more orderly movement of larger animals from the study site to surrounding undeveloped area. However, many smaller animals (rodents and reptiles) will probably not move out of the study site and will be destroyed. The open space area in the southern portion of the study area will provide habitats for some of these smaller animals . Once the development is complete more tolerant species, especially song birds, may move back into the area . (b) Natural contours and topographic features will be preserved to the greatest extent possible in the open space areas and within a planned 31 acre wildlife corridor. The wildlife corridor provides potential links to existing Federal Bureau of Land Management parcels. Natural open space areas of the Project comprise approximately 170 acres , including 117 acre parcel near the watertank site, and a 37 acre open space/park area, which will be offered for dedication to the City. In total, open space, parks, private recreation areas, lake and wildlife corridor areas comprise approximately 253 acres . An additional 88 acres of manufactured slopes will be contained within the Project site. (c) Protection of open space and riparian settings will be accomplished through compliance with Fish and Game Code Section 1603 and the issuance of a 1601/1603 permit from the California Department of Fish and Game. (d) A variety of species will be used for landscaping, as appropriate to soil conditions. (e) The Project developer has obtained a California Department of Fish and Game 1603 permit with respect to modification of steam courses in riparian areas . The Project developer will comply with all the requirements of this permit to mitigate impacts on riparian areas. (f) Prior to grading any occupied Stephens' Kangaroo Rat ("SKR") habitat at the Tuscany Hills site, the developer shall acquire in fee simple absolute the Initial Preserve Site, as described in the Conservation Agreement, and shall execute an irrevocable offer of dedication of the Initial Preserve Site to the City or to another entity approved by the United States Fish and Wildlife Service. -6- (g) Prior to grading any occupied 6KR habitat in excess of 235.3 acres at the Tuscany Hills site, the developer shall acquire in fee simple absolute the Secondary Preserve Site, as described in the Conservation Agreement, and shall execute an irrevocable offer of dedication of the Secondary Preserve Site to the City or to another entity approved by the United States Fish and Wildlife Service. (h) The developer and its successors in interest shall manage the Initial Preserve Site and the Secondary Preserve Site in a manner which is consistent with the conservation and protection of the SKR and its habitat. (i) The authorization to take any endangered or threatened species, pursuant to Sections 7(b) (4) and 7(o) (2) of the Endangered Species Act of 1973, as amended, shall not be effective until the developer executes the Conservation Agreement and completes the acquisition of that Initial Preserve Site described therein. The extent of any authorization to take any endangered or threatened species shall be limited to the grading of not more than 235.3 acres of occupied SKR Habitat until the developer completes the acquisition of the Secondary Preserve Site, as set forth therein. (J) The developer and its successors in interest shall not alter or modify any SKR habitat in the Initial Preserve Site or the Secondary Preserve Site without prior approval by the United States Fish and Wildlife Service. (k) Authorization for incidental take will be conditioned upon implementation and compliance with the - Conservation Plan as required by the Conservation Agreement to be signed by the developer, the United States Fish and Wildlife Service, and the City. (1) The developer and its successors in interest shall comply with the reporting requirements of the Conservation Agreement and Conservation Plan. (m) If incidental take at any time does not comply with the provisions established in the Incidental Take statement, the developer shall ensure that the causative action cease immediately, and shall seek the immediate assistance of the United States Fish and Wildlife Service (Laguna Niguel Field Office) to evaluate the impacts of incidental take and make recommendations to rectify the situation. -7- ...... .... .. (n) Any Stephens• Kangaroo Rats recovered shall be deposited in the mammal collection of the Natural History Museum, County of Los Angeles. ARE NOT SIGNIFIC6NT OR WHICH POTENTIAL-ZWZIRQNMENTAL EFFECTS WHICH BE MITIGATED TO A LEVEL 0 _ NSIGNIFICANCE The City has determined that the following effects will not be significant, for the reasons stated below. 2. 1 Geology and Soils 2 .1. 1 Pgtential Effect : Development of the Project will require substantial grading and fill activities, and will disturb local soils. Findings : The City hereby makes finding (1) . , Facts in aupport of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the Project will disturb overlying soil units but will not appreciably impact underlying geologic strata. (b) Earthwork will balance cut and fill onsite and will not require any import or export of soil. Grading activities will conform as much as possible to existing contours. All proper soil and engineering . analyses will be done prior to grading . All grading activities will conform to City requirements . All soils onsite can be worked with a minimum amount of preparation, with the exception of the Bosanko clays. Proper caution will be exercised during removal or fill-mixing with these clays to eliminate any possible impacts related to expansion. (c) Construction activities such as watering and soil stockpiling will be monitored to control onsite and offsite soil erosion. (d) Only Class II Garretson Soils has any significant value for agricultural use, among those soils found on the Project site. These soils are found on less than 1 percent of the Project site. All other onsite soils have only limited or very limited agricultural usefulness. -8- L / 2.2 Hydrology and Flgg„Q,__Control 2 .2. 1 The Project will alter the runoff characteristics of the Project site, as a result of the introduction of impervious roadways, sidewalks and buildings. Further, construction activities will temporarily increase loads to local drainage channels. Following Project implementation, runoff from the Project site will contain increased amounts of urban pollutants, including various hydrocarbons, tire rubber and other automobile pollutants, pesticides and sediments from landscaped areas, paint or other coating substances, dust, and sediments from residential structures . Findings: The City hereby makes finding (1) . Findings :FaCts in SuryQrt of The following measures will mitigate the identified impact to a level of insignificance. (a) The Project site is not exposed to any regional flood hazard due to its elevation above the San Jacinto River. (b) Construction activities will be designed to contain offsite runoff. Watering will be kept to the minimum required for compaction and dust - suppression. Any steep, exposed man-made slopes will be covered or hydroseeded to prevent offsite sediment transport. (c) The slope modifications on the Project site, together with the large amount of landscaping and open space, will tend to balance the overall runoff from the Project site. (d) Subdrains will be constructed in canyon fill areas where necessary. These drains will collect existing and future groundwater flows . Surface drains and subdrains may be necessary for buttress or fill stabilization. All required curb, gutter and storm drain structures will be constructed to channel surface runoff offsite. (e) Frequent street cleaning by the City will reduce the potential for runoff pollutants produced by this Project . (f) Specific drainage systems will be designed as each planning area within the Project site develops . All drainage systems will comply with adopted -9- i I • City standards . Drainage systems shall utilize natural drainage channels to the greatest extent possible, with improvements as necessary to accommodate expected flows from new development. (g) The developer will construct drains and subdrains to intercept run-off . The developer will establish an erosion control plan to be in effect during and after construction to be subject to approval of the Chief Building Official prior to issuance of grading permits . (h) The developer will develop a Master Landscape Installation and Maintenance Plan for public and private land areas to be subject to approval of the Community Development Director or his designee. 2.3 Climate: 2 .3. 1 Development of the Project site will affect the local micro-climate. Impacts include increased humidity due to irrigation of public and private landscaping, changes in low level on-site wind patterns due to building construction, and modifications to land-to-air thermal relationships caused by building shade and landscaping, heat absorption and retention by buildings, etc. t_ Findings : The City hereby makes findings (1) and (3) . Facts in_5upport of Findings : (a) Micro-climate impacts of the development of the Project are not expected to extend beyond the Project boundaries. These impacts are not expected to be adverse or significant . No feasible mitigation measures exist which could reduce the anticipated minor impacts on the local micro-climate. 2.4 r1,i1tura1 ResourC:pa 2.4 .1 Potential- Effect : The general area of the Project site was heavily utilized by aboriginal populations . A significant native American village complex has been documented to the north of the Project site. One previously unrecorded prehistoric archaeological site has been located on the southern portion of the site. In addition, areas of historic use have been documented in the southern portion of the Project site and in a limited portion of the northern half _10- 1 of the Project site. These sites appear to have been used during the Railroad/Modern period (1881 to present) . The historical sites located within the boundaries of the Project site include the Wrench Gold and Slate Prospect Site, located within the proposed wildlife corridor, a segment of the old Railroad Canyon Road and Railroad Bridge, located along the Project site' s easterly boundary adjoining the San Jacinto River, the remains of the Ella Van Fossen residence, and the Riv-598 prehistoric site. Findings : The City hereby makes finding (1) . Facts in Support of Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The developer shall provide further testing and documentation of sites and appropriate mitigation as recommended by a qualified archaeologist prior to issuance of further grading permits . Appropriate mitigative measures will be undertaken to reduce or eliminate adverse impacts to any subsequently discovered archaeological resources . (b) Further, the developer shall provide a qualified paleontologist to be present during grading, empowered to stop grading temporarily for the recovery of fossil remains during grading within suspect geologic formations as identified in preliminary and final geologic and soils reports. 2. 5 L-an jj$e.. _Z ning and General Plan 2 .5. 1 PotentialEffect: The Specific Plan for the Project must be consistent with the City's General Plan. Findings : The City hereby makes finding (1) . Facts in Eupport of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The Project is consistent with the current General Plan of the City, as the site land use designation in the General Plan is "Specific Plan Area" , as is also consistent with the current draft of the City's proposed new general plan. (b) The Specific Plan is in conformance with the intent of the City's General Plan (and its elements) for the reasons stated below: -11- (1) Land Use Element: The Project site is designated Specific Plan Area (SPA) and the developer of the Project is processing the development under a specific plan. (2) Circulation Element: The Project design provides adequate internal circulation, and the Project will be required to participate in an assessment district for off-site traffic improvements. (3) Environmental Resources Management Element: The Project provides 207 acres of open space and wildlife corridor areas, as well as 46 acres of recreational and park areas; in addition, pursuant to the Conservation Plan, several hundred acres of additional land will be acquired by the Project developer off-site, and dedicated for preservation of Stephen' s Kangaroo Rat habitat. The Project will include firebreak areas, provision for adequate site drainage, and all buildings will be constructed to meet seismic safety standards under City requirements . (4) Noise: The Project will be developed in accordance with the requirements of Chapter 17.14 of the City's Zoning Ordinance relating to requirements for acoustical analysis of residential projects. (5) Community Design Element: The Project site is located within areas of the City which are to be developed under specific plan procedures, pursuant to the City' s General Plan. The Project is a planned development, governed by the provisions of the Specific Plan, and thus will present a "planned" view under the Design Guidelines of the Specific Plan. (6) Housing : Development of the Project will help to provide a portion of the full range of housing types which are necessary to meet the needs of the residents and the community of the City of Lake Elsinore. 2.5.2 The Project site is currently zoned R-1, R-2, R-3, C-1 and OS-RE. In order to implement the Project under the Specific Plan, zone changes for Specific Plan Zoning are required as described in the Specific Plan for the Project. Findings: The City hereby makes finding (1) . -12- f Findings :Eacts in Support of The following measures will mitigate the identified impact to a level of insignificance. (a) The Specific Plan for the Project is being processed under City Code Section 17. 99 .060, Nonconditional (SP) Specific Plan Zoning Procedure. Pursuant to this procedure, the Project will receive the (SP) Specific Plan zoning designation concurrently with the approval of the Specific Plan documents . Zoning within the Specific Plan area will be governed by the Specific Plan. The Project developer shall comply with all provisions of the Zoning Ordinance for the City, including all applicable provisions of Chapter 17 . 99 of the Zoning Ordinance, and the provisions of the Specific Plan. To the extent of any conflict between the Zoning Ordinance and the Specific Plan, the provisions of the Specific Plan will govern. (b) The location and design of the Project are consistent with the goals and policies of the City`s General Plan and with all other applicable plan or policies adopted by the City to date, for the reasons set forth in Section 2.5. 1 above. (c) The Project site allows the development of the Project to be well integrated with the Project site surroundings. (d) All vehicular traffic generated by the Project will be accommodated safely- and without causing undue congestion upon adjoining streets, for the reasons specified in Section 2 . 6.1. (e) The Specific Plan describes a methodology for assuring the adequate provision of public services and facilities for the land uses specified in the Specific Plan. (f) The overall design of the Specific Plan will produce an attractive, efficient and stable development. 2. 5.3 Potential Effect: The development will change the existing site from its current undeveloped status to medium and low density residential, open space, school and neighborhood commercial uses. Surrounding land uses include agricultural lands, mainly on the northwest and southeast ends of the Canyon Lake subregion, a large flood plain located adjacent to the southeastern end of the lake, the Canyon Lake residential community, located --13- to the east of the lake, the Ramsgate Specific Plan area (mixed use residential) , located west of the Project site, the Cottonwood Hills development (mixed use residential) , located southeast of the Project site and the Friedman property (mixed use residential) , located to the south of the Project. Findings: The City hereby makes finding (1) with respect to all land use impact except those specifically identified in Section I.J. Facts in__Supnort offindings: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the project will result in significant amounts of grading of the Project site. Each of the Facts in Support of Findings contained in Section 1. 1 is hereby incorporated by reference. (b) Surrounding developments are consistent with the land uses proposed in the Specific Plan for the Project, including residential land uses, neighborhood commercial land uses, parks, recreation and open space areas, and a school site. (c) The development standards and design -- guidelines for the Project specified in the Specific Plan will ensure that the land uses planned for the Project and the development of the Project will be compatible with the surrounding land uses. 2 .6 Traffic! and !Q rculation 2 .6.1 Pntential _F.ffect : The Project includes the construction of approximately 2,000 single family dwelling units . New residents will generate vehicular trips that are both internal and external to the Project site. Forecasted trips per day, from the traffic study appended as Appendix C to the Addendum to the Final Environmental Impact Report, dated October, 1989, suggest that the 2, 000 dwelling units contained within the Project could generate up to 17,100 trips per day, of which 7,400 trips per day would have origins or destinations external to the Project site. These additional trips, together with vehicle trips generated by proposed surrounding developments, will have an impact on both internal and external roadways. Findings: The City hereby makes finding (1) . -14- I Facts in Support of Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The forecasted average daily trips in the traffic study suggest that, at the maximum, traffic on the proposed internal circulation system would be approximately 45% of its roadway design capacity (Level of Service "C") . (b) The Project could add up to 3, 000 trips per day to Railroad Canyon Road near the I-15 Interchange, which road would then be at 42% of its roadway design capacity (Level of Service "C") . Additional capacity is available for other development projects. (c) The Project could add up to 2, 960 trips per day to Greenwald Avenue, increasing the total average daily trips for that roadway to 7,360 . Greenwald Avenue would then be at 61% of its roadway design capacity (Level of Service "C" ) . Additional capacity is available for other development projects. (d) The proposed development has an adequate internal circulation system to handle projected traffic loads. (e) All minor streets intersecting with the proposed 88-foot north-south "Secondary Arterial" will be controlled by stop signs on the minor streets . (f) The approaches of the internal roadways toward Greenwald Avenue will be controlled by stop signs. (g) The Project is required to participate in an assessment district for off-site improvements. If a traffic signal is ultimately warranted at the intersection of Summerhill Drive and Railroad Canyon Road, the Project developer would contribute that portion of the signal cost which corresponds to the volume of intersection traffic caused by the Project. (h) The developer shall provide information concerning the Cal-Trans ride-sharing program to new home buyers at its sales office. (i) The Facts in Support of Findings in (b) and (c) of Section 1.3. 1 are hereby incorporated by reference. -15- I / e 2.7 Public Services and gti lities 2 .7 .1 Potential Effect : The Project will increase demand on local water supplies. The Project is expected to require 1.0 million gallons per day for residential use and 0. 63 million gallons per day for park, recreation areas and schools. Findings : The City hereby makes finding (1) . Facts in Suppgrt of Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The source of water supply to the Project will be via an Elsinore Valley Municipal Water District System. The District 's treatment plant west of Canyon Lake Dam has a capacity of 15 million gallons per day, which is sufficient to serve contemplated future development within the Lake Elsinore area . In addition, the District owns rights to 3,000 acre feet of the storage capacity in the Railroad Canyon Reservoir. The Project developer has received a "will-serve" letter from the District for the southern portion of the Site. (b) The water distribution system for Tuscany Hills will be phased in accordance with the phases of construction. Water storage facilities will be constructed in the first phase of infrastructure improvements. (c) The developer will use all water saving devices recognized by State law. 2.7.2 potential Effect: The Project will increase the demand for wastewater treatment services. The Project is anticipated to generate an average daily flow of 0. 51 million gallons per day. Findings: The City hereby makes finding (1) . Findings :-Facts in Supnort�__gf The following measures will mitigate the identified impact to a level of insignificance. (a) The existing Elsinore Valley Municipal Water District Sewage Treatment Plant, located approximately 5 miles northwest of the Project site, is proposed to be expanded to a capacity of 3 .0 million gallons per day by 1990. Ultimately the capacity of this plant will be 5. 0 million gallons per day. In addition, a -16- T new treatment plant is proposed in the Elsinore Valley Municipal water District Master Plan, to be located west of the Project site. The sizing and construction of all sewer facilities has been and will continue to be coordinated through the Elsinore Valley Municipal Water District. (b) The Project developer will provide necessary on-site lift stations and extend lateral lines to the existing regional sewage treatment facility. 2.7.3 : The Project is expected to generate a maximum of 15 tons per day of solid waste. Currently, residential solid waste produced in the Lake Elsinore area is disposed of in the Double Butte landfill site located at 31710 Grand Avenue in Winchester. The site is owned and operated by the County of Riverside. Development of the Project will shorten the useful life of this landfill . . Findings: The City hereby makes finding (2) . Facts in Suppolt of : The following measures will mitigate the identified impact to a level of insignificance. (a) Riverside County is currently reviewing the potential for expansion of the present site or alternative facilities under its State law obligations relating to solid waste plans. Such expansion or alternative facilities will provide solid waste service for the Project. 2 .7.4 Development of the Project may increase the demand for natural gas. Fins_: The City hereby makes finding (1) . Facts in SUPRort of : The following measures will mitigate the identified impact to a level of insignificance. (a) The Project site is within the service limits of the Southern California Gas Company. (b) The Facts in Support of Findings in Section 1.3.1(e) are hereby incorporated by reference. 2.7.5 Potential .ffpQt : Development of the Project will increase the demand for electric service. -17- Findings : The City hereby makes finding (1) . Facts in Support _gf Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The Project site is within the Southern California Edison Company service area . Power lines will be placed underground. (b) The Facts in Support of Findings in Section 1.3 . 1(e) are hereby incorporated by reference. (c) The Project will be phased to reduce large electricity consumption during initial years. 2.7. 6 Development of the . Project will increase demand for telephone service. Findings : The City hereby makes finding (1) . Facts in Support of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) The Project site is within the General Telephone Company service area . All new telephone lines will be buried. 2.7.7 Potgntial Effect: Development of the Project will increase the demand on police protection services . The Riverside County Sheriff 's Department currently provides police protection services for the Project area . Findings : The City hereby makes finding (1) . Facts in r2uppQrt of Findin_qZ,: The following measures will mitigate the identified impact to a level of insignificance. (a) The Riverside County Sheriff' s Department will provide police protection services to the Project site from an existing police substation located at 117 South Langstaff in the City. This station is located approximately 10 miles from the Project site, with an average response time of less than 10 minutes. (b) Street patterns and building locations will be designed for good visibility. -1$- (c) Tax revenue from the Project will provide additional funding for any increase in police protection. 2.7 . 8 Potential Effect: Development of the proposed Project will eliminate some native sage scrub vegetation and replace it with houses and ornamental landscaping. In addition to the fire hazards to new homes, brush fire hazards will still exist on the portion of the Project site left in open space. The Project site is within an area of extreme wildland fire danger due to unique weather factors, topography and other risk influences . Findings : The City hereby makes finding (1) . Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The Riverside County Fire Department, under contract with the City, will provide fire protection services to the Project. Services will be provided from the Elsinore fire station located at 410 West Grand and from the substation at Greenwald Avenue. Response times will vary between 5 and 12 minutes to any location within the Project site. - (b) Brush will be cleared to establish a fire break in open space immediately adjacent to developed areas . Additional tax revenue derived from the Project will provide funds for added fire protection services and a one-acre site will be preserved for a future fire station. (c) The developer will establish fire breaks in accordance with appropriate standards and establish a fire break plan approved by Riverside County Fire Department and the Community Development Director. 2 .7.9 Development of the Project will generate additional demand for educational services. Existing school facilities are near or at capacity. The Project site is located within the Lake Elsinore Unified School District . Findings : The City hereby makes finding (1) . Facts in SUPPOrt-of : The following measures will mitigate the identified impact to a level of insignificance. -19- i (a) An agreement has been reached between the developer and the Lake Elsinore Unified School District pursuant to which an 11-acre elementary school site and an adjacent 5-acre park will be provided in the central portion of the Project site. There will be a further agreement between the Project developer and the school district covering mitigation of impacts on high school services. 2.7.10 Development of the Project will result in an increased demand for parks and recreational facilities. Findings : The City hereby makes finding (1) . Findings :Fagts In Support of The following measures will mitigate the identified impact to a level of insignificance. (a) Lake Elsinore is a state recreational area, and Lake Elsinore State Park is located on the northwest shore of the Lake near the Project site. in addition, two County parks are located in the vicinity of the Project site, Kabian Park and Lake Skinner County Park. Further, Yarborough Park is located in the downtown area of the City, approximately 2 miles to the east of the Project site. (b) Three park sites are provided in the development plans for the Project, for a total of approximately 46 acres of park site; additionally, there is a 26-acre lake located in the northern portion of the site. Parks, private recreation areas, open space and a wildlife corridor and lake area comprise approximately 253 acres of the total Project site. Recreation area facilities include a swimming pool, basketball and tennis courts, picnic areas and totlots. 2 .8 2.8 . 1 Potential Effect: Development of the Project will result in increased energy consumption, both for vehicle trips and for household and commercial uses . Findings : The City hereby makes finding (1) . FactZort cf Findi The following measures will mitigate the identified impact to a level of insignificance. -20- W—M 12s (a) The Facts in Support of Findings contained in Section 1 .3 .1 (b) , (c) , (d) and (e) are hereby incorporated by reference. (b) The Project will be phased to reduce large energy consumption during the initial years of Project development. 2.9 Growth Inducing Impacts 2.9. 1 Potential ,Ff,f_Qrt: Due to the increase in the number of residents as a result of the Project development, growth in local retail and service business is likely, as is an increase in government employment for purposes of providing new services to residents of the Project. Due to these increases in demand for various services, some additional development in areas nearby to the Project site is anticipated. Findings : The City hereby makes finding (1) . Facts in Support _Qf_Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The developer of the Project will dedicate an 11 acre elementary school site and pay school fees (or make equivalent dedications, etc.) to the Lake Elsinore Unified School District pursuant to a revised agreement with the district. (b) Development of the Project includes a small neighborhood commercial center to provide retail and other services to Project residents. (c) Development of the Project will be phased so that impacts to existing conditions will occur gradually. 2 .10 Cumulative Impacts 2. 10 . 1 Potential Effect: Three other development projects have been approved in the general vicinity of the Project site, Ramsgate, Cottonwood Hills and the Friedman property. The effects of these projects, in addition to the effects of the Project, could have adverse cumulative impacts on biological resources (vegetation and wildlife) , air quality and traffic. -21- 3 i r Fi ndinas: The City hereby makes finding(s) (1) and (2) with respect to all cumulative impacts other than those impacts discussed in Sections 1.3 and 1.4: Facts in Support of Finding: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the surrounding projects may be expected to have an adverse cumulative impact on the habitat of the Stephens' Kangaroo Rat. Development projects in the vicinity of the Project will be required to participate in Riverside County fee programs to find purchases of high-quality SKR habitat preserve, or to participate in the Riverside County Habitat Conservation Program, once this program is approved. (b) The Facts in Support of Findings in Sections 1.3 and 2 . 6. 1(b) and (c) are hereby incorporated by reference. FINDINGS REGARDING UTERNA11Y S 3.1 "jig Project" Alternative. 3 . 1. 1 Description gf Alternative: The EIR describes the "no project" alternative as a continuation of existing conditions on the Project site. 3 . 1.2 Project :to the Effects of the Proposed The City hereby finds that the "no project" alternative is environmentally superior to the Project because it would eliminate those environmental effects of the Project identified in Sections 1 and 2. 3. 1.3 Effectiveness in Meeting Project QbiectiYen: The "no project" alternative would not meet Project objectives specified in the EIR because it would not satisfy, in part, the demand for quality dwelling units in the Lake Elsinore area, would not create a residential environment providing open space, park, wildlife corridor areas and recreational facilities, and would not provide the developer of the Project with a reasonable return on his investment. Additionally, the "no project" alternative would not provide the benefits associated with the acquisition of Stephens ' Kangaroo Rat habitat off-site, including the opportunities for enhanced management of Stephens' Kangaroo Rat habitat and opportunities for preservation of that endangered species. Further, the "no project" alternative would -22- result in increased demand in areas surrounding the City of Lake Elsinore for residential developments of the type proposed in the Project, with a resultant loss of control over development within the City limits and the City's sphere of influence. 3. 1.4 Feasibility: The "no project" alternative is not feasible. Facts _,in 5upport of Findings: (a) The "no project" alternative is not feasible because this alternative fails to meet any of the Project objectives or to provide any of the Project benefits set forth in Section 3.1.3. (b) The "no project" alternative is infeasible because it fails to provide the economic and social benefits described in Section 3. 1.3, including enhancement of the long-term survivability of the Stephens ' Kangaroo Rat, provision of housing within the City in furtherance of the General Plan, and maintenance of City control over local residential development. 3 .2 Decreased Overall Density Alternative 3 .2.1 Descrlptign of Alternative: This alternative would involve a reduction in the number of single family dwelling units below the minimum number proposed by the developer. 3 .2.2 Project:tg the 'Effects of the PrgpQsed The City hereby finds that this alternative is environmentally superior to the Project because it would reduce the adverse impacts . described in Sections 1 and 2 associated with the proposed Project. 3 .2.3 Effectiveness in Meeting Puiect Objectives : The decreased overall density alternative would not meet Project objectives specified in the EIR because it would not result in economically feasible development on the Project site based on market conditions [need more facts in the record] . Therefore, none of the Project benefits identified in Section 3 .1.3 would be achieved. 3 .2.4 Feasibility: The decreased overall density alternative is not feasible. -23- G / l A Facts in Support of Findings : This alternative would require development of the Project site in a fashion which is economically infeasible based on current conditions. The Project applicant has concluded that this alternative is not economically feasible due to the significant amounts of grading which must be accomplished to allow any residential development to occur at the Project site. Although the adverse environmental impacts identified in Section 2 would be somewhat reduced if a lower overall density of development on the Project site were to be achieved, the density reduction would effectively stop the Project from being developed and therefore the concommitant benefits of the Project described under Section 3 . 1.3 would be lost. 3.3 Incre_a5Qd Overall Density Alternative: 3 .3 . 1 escrintion of : This alternative would increase the number of single family units to be developed on the Project site above the 2,000 units proposed by the Project developer. 3 .3 .2 Comparison gf the Effects of the- &Iternative to the Effects Qf the roposed project : The City hereby finds that this alternative is not environmentally superior to the Project . Facts in Suport of Finr��of : (a) Increased overall density would result in a greater demand on off-site traffic infrastructure, public services (including police and fire protection, schools , potable water supplies, wastewater treatment, and solid waste disposal) and public utilities services. Adverse air quality impacts would be increased, and, unless additional units were tightly clustered, impacts on topography and land forms would be exacerbated. Project site drainage could be adversely affected as well. 3 . 3 .3 Effectiveness in Megting Project Objectives : The increased overall density alternative would meet the Project objectives . 3 .3 .4 Feasib��: The increased overall density alternataive is feasible, but would result in increased levels of adverse impacts on the environment. -24- r' FINDINGS REGARDING MITTG,&TION MONITORING PROGRAM 4 .1 RealliXgMent of Mitigation Monitoring_ Praaram. Section 21081. 6 of the Public Resources Code requires that when a public agency is making the findings required by Section 21081(a) of the Public Resources Code, that Agency shall adopt a reporting or monitoring program for the changes to the Project which it has adopted or made a condition of Project approval in order to mitigate or avoid significant effects on the environment. The City hereby finds that the Mitigation Reporting and Monitoring Program set forth in Exhibit to meets the requirements of Section 21081. 6 of the Public Resources Code. COHEN: 101 —25— lI r IT APPENDIX 15 TO THE SPECIFIC PLAN TO RESOLUTION 8913 �2fi`�� {�.r:,:: :.:5:-:::Y;c:,,\�'S:°;�xs:�.;�tR ,'��>``•`S. ,c'�: 1 � a,Z,yp ;. 4 Gp?CLG°'� '"L"'y`N3:Y:r"4`C• 6' io�':i.ME\C r� �r{,.) IXO'°�.v ']C 4:�: aCGWr. :44: �{{.; ,:.3;.}• �°: :F:`��:•?ktl''-,2Yv?�i:a�{ O{.}i.... .yi�., :Zpo? ''vim k � •ri\?� ��,�4{P . _ ?,.:2,�ai'C: :$y:^cF :;:}?,• ��:�:.;;� ':s�:r•�E� �� o: :r`-.:: �C� .oti:�.io-.:;y3 g':: .'cy 'f 4. 1 II o, •raa � M' ;ak NMGAn0NM0-Nff0-MG pl AND F"ORnNG , R 0G J NOVEMBER 1989 u� I..'��i�w-�w _•��.. -,>._-..u«�.�'..GL�'Awc'�asww•.'�'>'�{. a3-..aC..:'.. -.�..::.. � -� �-� • .. '.. .. r. . TUSCANY HILLS MITIGATION MONITORING AN D REPORTING PROGRAM Recently enacted legislation (Assembly Bill 3180) , codified as Section 21081 .6 of the Public Resource Code, requires public agencies to set up monitoring and reporting programs for the purpose of ensuring compliance with those mitigation measures identified in environmental impact reports and negative declarations, and adopted as conditions of project approval . Presented in the accompanying matrix are those mitigation measures which have been identified in the "Findings and Facts in Support of Findings Adopted by the City Council of the City of Lake Elsinore Regarding the Environmental Impact Report for the Homestead Land Development Corporation Tuscany Hills Development. " Adjacent to each mitigation measure is a description of how that measure will be adopted, enforced or incorporated into this Specific Plan and how compliance will be monitored (in accordance with A.B. 3180) . _._�. ��'vw�,;•a".r:`.�ula'?aca`..r_.L.,;�iv:•w�.�k.,.......,¢ ,_.. __ L..,..im,'>�._. .,......__. _ ,.... ... .. ... ., .. .. -. I •1+ U 4- •r � J ! 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Q) (a cc •r M O N ca U L U C U N U C d C 0 U r r• •r O C E CO•r Q)' O!•r L •r L L g cc .r X ca O L O.0 Q)t c(f X Q) Q) Q) S-L ca L4 G. tr- Z Ot -• Q)L O CL to 4-) M MC O COO +�~ r-- Q) S.- 4-) • (.) 4-) C. 1� L� c C -r-4- tt7 •►•� Q � v)N rt7 O 5�- C N Q) L i-o E .- O +-+ O•r to L Q) O •r Q O Q C C O U O Q) Q) a) m >' 0.3 r-= Q)4- N E¢ C U N as �4- •r C r a- -0 t L E ca cc - C ca . +a O •L ' Q --) wC CrO (D E S.- 4-) o N L O .0 •r � car O -4- to= CA 4-) LL J] O r- O L o ra O O +) o 'O Q) 1--- Q) C E 4- fa C U C U C 0. +1 C r -r S- � N an 3 r' O •r O +j C O L C O U .r U) N L O c •E •C N U v) X O U 4- Q) Q) O a ra Q? � o >>-v •r a +� QJ N e- L N t r-s as +) Cu C ea c +3 CO a a) o a) tV 4-3 � �4- SS.-CO *'-v O •r L •r L Q)•r Q)•r O M= L a..� O O •r.0 •r U 4- a) O C Q) H C> O7 E G.'3 E N k- �. .N ¢ i-)d -3 N e- N $ 3 3 Rf O r- +� •r.O a-I N M �' .tl'.w�'„i'41Y.,03_.9}3r�L.Cr_nv,_e...d r3.�»;:;11 h'...4. .._.._.:}.1 a£r.L ..•:.......tG.�,.. . _Y ..e.... ... _.. �.. � 1 � =i — r.�... �....r.. �.-... �,.w. �"-��' r+r"5 rr.r, 7wrrr ".'w"'4 �"""`� """�' "'�+"°y e""•"""i *"r'ruy � ' r�+ TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM ' Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Topography (Continued) tion and lake uses and a 31 acre wildlife corridor. 4. Single-loaded streets will be Community Development Adoption of the Specific Plan shall utilized to help maintain the Director constitute compliance with this miti- natural land form. gation measure. Seismic 5. The design of fill slopes and Chief Building Issuance of grading permits and moni- embankments will be sufficient. Official toring through the building inspec- to minimize earthquake im- tion process shall constitute compli- pacts. Proper design, compac- ance with this mitigation measure. tion and construction will Applicant's soils engineer or engi- reduce the potential for land- neering geologist shall submit a slide impacts on manmade final report indicating compliance slopes. with approved grading pian(s) . 6. All proper design criteria City Engineer Building design shall be in accor- will be employed to minimize dance with Uniform Building Code potential impacts to and from standards and shall be verified dur- local geologic formations. ing the plan check process. Issuance All seismic building require- of building permits shall constitute ments will be met to reduce or compliance with this mitigation mea- eliminate impacts from seismic sure. activity on structures. Pro- per engineering will ensure foundation integrity against differential settling. a; I t TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Air Quality 7. Dust generation will be con- City Engineer/Chief Watering of graded areas to minimize trolled by watering areas Building Official fugitive dust shall occur in accor- pr for to and during grading. dance with the approved grading Landscape vegetation will be plan(s) and the requirements of the introduced as soon as con- soils engineer or engineering geolo- struction is completed. gist. Monitoring of compliance shall be undertaken by the building inspec- tor as part of the building inspec- tion process. 8. The number of vehicle miles None No monitoring required. traveled for home-to-work trips may be reduced by: I) various governmental efforts to induce more employers to locate in the Tri-Community Area to reduce trip length; and 2) governmental efforts to provide bus service from the �- Project area to employment centers in surrounding areas. 9. The developer will provide Building Inspector Compliance will be monitored by veri- information concerning the fication by the building inspector Cal-Trans ride-sharing program subsequent to the initiation of on- to new home buyers at its site marketing activities. sales office. IO. The neighborhood commercial Community Development Approval of the Specific Plan shall center will provide for a por- Director constitute compliance with this miti- tion of the retail needs of gation measure. the Project residents. ,..�. r'--"' r--"-'� r^—++�a �✓"• ww'ww �wr.y ar��L[ lrr+w{ rrw..� ^� .�.-1 """.r� €, r. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Air Quality = (Continued) 11. The Project developer will use City Engineer Prior to the issuance of building energy conserving design and permits for individual dwelling units construction techniques as or habitable commercial buildings, required under State law and applicant shall submit and the City will comply with the require- shall review and approve Title 24 ments of Title 24 of the Cali- energy calculation. Issuance of fornia Code of Regulations. building permits shall constitute compliance with this mitigation mea- sure. Biological Environment 12. Development of the Tuscany Community Development Adoption of the Specific Plan shall Hills site will begin in the Director constitute compliance with this miti- southern portion and will pro- . gation measure. gress northward in phases. Phasing will allow for a more orderly movement of larger �- animals from the study site to surrounding undeveloped area. The open space area in the southern portion of the study area will provide habitats for some of the smaller animals. 13. Natural contours and topogra- Community Development Adoption of the Specific Plan shall phic features will be pre- . Director constitute compliance with this miti- . served to the greatest extent gation measure. possible in the open space areas and within a planned 31 acre wildlife corridor. The wildlife corridor provides potential links to existing .+r+.; =Z- �tr TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation._Measure For Monitoring Monitoring Program Verification Biological Environment (Continued) federal Bureau of Land Manage- ment parcels. Natural open space areas of the Project comprise approximately 170 acres, including a 117 acre parcel near the watertank site and a 37 acre open space/park area, will be offered for de- dication to the City. In to- tal , open space, parks, pri- vate recreation areas, lake and wildlife corridor areas comprise approximately 253 acres. An additional 88 acres of manufactured slopes will be contained within the Project site. ti 14. Protection of open space and Community Development Applicant shall comply with the sub- riparian settings will be ac- Director mittal requirements of Sections 1603 complished through compliance of the Fish and Game Code and shall with Fish and Game Code Sec- obtain permits, as may be required, tion 1603 and the issuance of from the California Department of a 1603 permit from the Cali- Fish and Game. Prior to the issuance fornia Department of Fish and of grading permits, Applicant shall Game. submit and the Community Development Director shall verify compliance therewith. 15. A variety of plant species Community Development- Adoption of those landscape guide- will be used for landscaping, Director lines contained in the Specific Plan as appropriate to soil condi- and approval of tract-specific land- tions. scape plans shall constitute compli- ��,. � i �r �.......� r-•� �..� r—.... i.--'.^'.�; ,^r--.• ..r..� w...w M�r.r..q nwti�r ..wwwy r..w.w .+.-+'.` •..�} TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring, Program Verification Biological Environment (Continued) the Secondary Preserve Site, as described in the Conserva- tion Agreement, and shall ex- ecute an irrevocable offer of dedication of the Secondary Preserve Site to the City of Lake Elsinore or to another entity approved by the United States Fish and Wildlife Ser- vice. 19. The developer and its succes- Community Development Execution and implementation of the sors in interest shall manage Director Conservation Agreement shall consti- the Initial Preserve Site and tute compliance with this mitigation the Secondary Preserve Site in measure. a manner which is consistent with the conservation and pro- tection of the SKR and its habitat. 20. The authorization to take any Community Development Execution and implementation of the endangered or threatened spe- Director Conservation Agreement shall consti- cies, pursuant to Sections tute compliance with this mitigation 7(b)(4) and 7(o)(2) of the measure. Endangered Species Act of 1973, as amended, shall not be effective until the developer executes the Conservation Agreement and completes the acquisition of that Initial Preserve Site described there- 3 in. The extent of any author- ization to take any endangered Y 1 8 TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility �tr.. Mitigation Measure For Monitoring Monitoring Program Verification = ?� • Biological Environment (Continued) or threatened species shall be limited to the grading of not more than 235.3 acres of oc- cupied SKR Habitat until the developer completes the acqui- sition of the Secondary Pre- serve Site, as set forth therein. 21. The developer and its succes- Community Development Execution and implementation of' the sors in interest shall not Director Conservation Agreement shall consti- alter or modify any SKR habi- tute compliance with this mitigation tat in the Initial Preserve measure. Site or the Secondary Preserve Site without prior approval by the United States Fish and Wildlife Service. 22. Authorization for incidental Community Development Execution and implementation of the take will be conditioned upon Director Conservation Agreement shall consti- implementation and compliance tute compliance with this mitigation with the Conservation Plan as measure. required by the Conservation Agreement to be signed by the developer, the United States Fish and Wildlife Service, and the City of Lake Elsinore. 23. The developer and its succes- Community Development Execution and implementation of the sors in interest shall comply Director Conservation Agreement shall consti- with the reporting require- tute compliance with this mitigation ments of the Conservation measure. Agreement/Conservation Plan. fi ��.__._ �...,�..�, r � ("^"""'.. jr.�• ram.,. per...,..., r.......w ..Anr+l OW WWA "b"b"y OVNr.64 w..M.r TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification E• • Biological Environment (Continued) 24. If incidental take at any time Community Development Execution and implementation of the does not comply with the pro- Director Conservation Agreement shall consti- visions established in the tote compliance with this mitigation Incidental Take statement, the measure. developer shall ensure that the causative action cease immediately, and shall seek the immediate assistance of the United States Fish and Wildlife Service (Laguna Niguel Field Office) to evalu- ate the impacts of incidental take and make recommendations to rectify the situation. 25. Any Stephens' Kangaroo Rats Community Development Execution and implementation of the recovered shall be deposited Director Conservation Agreement shall consti- in the mammal collection of tute compliance with this mitigation \ the Natural History Museum, measure. County of Los Angeles. Geology and Soils 26. Earthwork will balance cut and City Engineer Compliance to be monitored at the fill on-site and will not re- Building Inspector time of issuance of the grading per- quire any import or export of mit(s) and shall be monitored by the soil . Grading activities will building inspector as part of the conform as much as possible to building inspection process and ap- existing contours. All proper proval of all grading activities by soil and engineering analyses the Applicant's soils engineer or will be done prior to grading. engineering geologist. All grading activities will conform to City requirements. ,.i#: �� , r^---�. r-`�. ��. �'.� �� w...r.�", �+. '�"w�` YwWW 1MiWrr wOWrw !.➢rMr n'".'q'� ."""rh 'r-"'� u.'"n�'"i! F� 1 i TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification ..., Geology and Soils (Continued) All soils on-site can be work- ed with a minimum amount of preparation, with the excep- tion of the Bosanko clays. Proper caution will be exer- cised during removal or fill- , mixing with these clays to eliminate any possible impacts related to expansion. 27. Construction activities such Building Inspector Grading activities shall be monitored as watering and soil stockpil- in accordance with the approved grad- ing will be monitored to con- ing plan(s) . Issuance of final grad- ; trot on-site and off-site sail ing approval by the building inspec- erosion. for shall constitute compliance with this mitigation measure. Hydrology and Flood Control ti 28. Construction activities will City Engineer Compliance to be monitored at the be designed to contain off- Building Inspector time of issuance of the grading per- site runoff. Watering will be mit(s) and shall be monitored by the kept to the minimum required building inspector as part of the for compaction and dust sup- building inspection process. pression. Any steep, exposed manmade slopes will be covered or hydroseeded to prevent off- site sediment transport. - TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Hydrology and Flood Control (Continued) 29. Subdrains will be constructed City Engineer Compliance to be monitored at the in canyon fill areas where Building Inspector time of issuance of the grading per- necessary. These drains will mit(s) and shall be monitored by in- collect existing and future spection and approval by the building groundwater flows. Surface inspector as part of the building drains and subdrains may be inspection process and approval of necessary for buttress or fill all grading activities, including the stabilization. All required installation of subdrains, by the curb, gutter, and storm drain applicant's soil engineer or engi- structures will be constructed neering geologist. to channel surface runoff off- site. 30. Frequent street cleaning by Community Development Dedication and acceptance of Project the City will reduce the po- Director area street shall constitute compli- tential for runoff pollutants ance with this mitigation measure. produced by this Project. 31. Specific drainage systems will City Engineer Compliance to be monitored at the be designed as each planning Building Inspector time of issuance of the grading per- area within the Project site mit(s) and shall be monitored by in- develops. All drainage sys- spection and approval by the building tems will comply with adopted inspector as part of the building City standards. Drainage sys- inspection process and approval of terns shall utilize natural all grading and drainage improvements drainage channels to the by the applicant's soils engineer or greatest extent possible, with engineering geologist. improvements as necessary to accommodate expected flows from new development. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM k Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Hydrology and Flood Control (Continued) - 32. The developer will construct City Engineer Compliance to be monitored at the drains and subdrains to inter- Building Inspector time of issuance of the grading per- cept run-off. The developer mit(s) and shall be monitored by in- will establish an erosion con- spector as part of the building in- trol plan to be in effect dur- spection process. ing and after construction to be subject to approval of the City Engineer/Chief Building Official prior to issuance of grading permits. 33. The developer will develop a Community Development Applicant shall submit, for approval Master Landscape Installation Director by the Community Development Direc- and Maintenance Plan for pub- tor, a Landscape Installation and lic and private land areas to Maintenance Plan. Approval of that be subject to approval of the plan shall constitute compliance with Community Development Director this mitigation measure. or his designee. Cultural Resources \ 34. The developer shall provide Community Development An archaeological records search further testing and documenta- Director (University of California, Riverside tion of sites and appropriate 10/89) included as part of Addendum mitigation as recommended by a to the FEIR (SCH No. 79082906) , docu- qualified archaeologist prior mented prehistoric resources in the to issuance of further grading project vicinity. Applicant shall permits. Appropriate mitiga- submit, and the City shall approve, tion measures will be under- further documentation of on-site cui- taken to reduce or eliminate tural resources prior to the issuance adverse impacts to archaeolo- of grading permit(s) . Issuance of gical resources discovered on those permits shall constitute com- the project site. pliance with this mitigation measure. TUSCANY HILLS r`< MITIGATION MONITORING AND REPORTING PROGRAM a Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Cultural Resources (Continued) 35. The developer shall provide a Building Inspector The building inspector, during review qualified paleontologist to be of grading activities, shall monitor present during grading, empow- compliance with this mitigation mea- ered to stop grading temporar- sure. ily for the recovery of fossil remains during grading within suspect geologic formations as identified in preliminary and final geologic and soils re- ports. Land Use. Zoning and General Plan 36. The Specific Plan for the Pro- Community Development Adoption of the Specific Plan shall ject is being processed under Director constitute a determination of project City Code Section 17.99.060 consistency and represents compliance (Nonconditional (SP) Specific with this mitigation measure. Plan Zoning Procedure) Pursu- ant to this procedure, the Project will receive the (SP) Specific Plan zoning designa- tion concurrently with the approval of the Specific Plan documents. Zoning within the Specific Plan area will be governed by the Specific Plan. The Project developer shall comply with all provisions of the Zoning Ordinance for the City, including all applicable i provisions of Chapter 17.99 of the Zoning Ordinance and the �Y k Ji TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Land Use Zoning and General Plan (Continued) provisions of the Specific Plan. To the extent of any conflict between the Zoning Ordinance and the Specific Plan, the provisions of the Specific Plan will govern. 37. The Specific Plan describes a Community Development Adoption of the Specific Plan shall, methodology for assuring the Director constitute compliance with this miti- adequate provision of public gation measure. services and facilities for the land uses specified in the Specific Plan. 38. The development standards and Community Development Adoption of the Specific Plan shall design guidelines for the Pro- Director constitute a determination of Project ject specified in the Specific consistency and represents compliance Plan will ensure that the land with this mitigation measure. uses planned for the Project and the development of the Project will be compatible with the surrounding land uses. Traffic and Circulation 39. The proposed development has Traffic Engineer Compliance will be monitored at the an adequate internal circula- time of final tract map approval . tion system to handle project- Approval of the final tract map shall ed traffic loads, constitute compliance with this miti- gation measure. /win{ M 1 PAP* ' r"'�r ......... zt. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Traffic and Circulation (Continued) 40. All minor streets intersecting Traffic Engineer Compliance will be monitored at the with the proposed 88-foot time of final tract map approval . north-south "Secondary Arter- Adoption of the final tract map shall ial " shall be controlled by constitute compliance with this miti- stop signs on the minor gation measure. streets. 41. The approaches of the internal Traffic Engineer Compliance will be monitored at the roadways toward Greenwald time of final tract map approval . Avenue shall be controlled by Adoption of the final tract map shall stop signs. constitute compliance with this miti- gation measure. 42. The Project is required to Traffic Engineer Compliance will be monitored at the participate in an assessment time of final tract map approval . district for off-site improve- Approval of the final tract map shall ments. If a traffic signal is constitute compliance with this miti ultimately warranted at the gation measure. \ intersection of Summerhill Drive and Railroad Canyon Road, the Project developer would contribute that portion of the signal cost which cor- responds to the volume of in- tersection traffic caused by this development. t r--- r---- r----- r---- --- �'-�'-- !-ft - r--�• r--� r�A°M '�M"S '"'1� �w'M1 "`�'�! �+ 1 `�""q rq > i I f I TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Public Services and Utilities azy. Water Supply 43. The Project developer has re- Community Development Applicant shall deliver to the City a ceived a "will -serve" letter Director copy of the "Will Serve" letter from from the Elsinore Valley Muni- the Elsinore Valley Municipal Water cipal Water District for the District. Receipt of that letter by southern portion of the site. the City shall constitute compliance with this mitigation measure. 44. The water distribution system City Engineer Prior to the issuance of a Certifi- for Tuscany Hills will be cate of Occupancy for the first phased in accordance with the dwelling unit to be constructed, the phases of construction. Water City Engineer shall ensure the com- storage facilities will be pletion of all water storage facili- constructed in the first phase ties. Issuance of that Certificate of infrastructure improve- of Occupancy permit shall constitute ments. compliance with this mitigation mea- sure. ti 45. The developer will use all City Engineer Unit design will incorporate State water saving devices required mandated water conservation measures. by State law. This mitigation measure shall be en- forced at time of building permit issuance. Sanitary Sewers 46. The Project developer will City Engineer Prior to the approval of any final provide necessary on-site lift tract map, the location, phasing, stations and extend lateral bonding and details of the sanitary lines to the existing regional sewer facilities shall be determined sewage treatment facility. !, by street configuration, lot layout The siring and construction of and gravity flow. Approval of the all sewer facilifiiPs shall be final tract map shall constitute com TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Sanitary Sewers (Continued) coordinated through the Elsi- g pliance with this mitigation measure. pore Valley Municipal Water District. Solid Waste 47. Riverside County is currently Community Development The Project shall comply with appli- reviewing the potential for Director cable provisions of A.B. 939 as enac- expansion of the present site ted by the City. Approval of the or alternative facilities un- final tract map shall constitute com- der its State law obligations pliance with this mitigation measure. relating to solid waste plans. Such expansion or alternative facilities will provide solid waste service for the Project. Electricity 48. The Project site is within the City Engineer The conduit system for any electrical Southern California Edison service, with associated concrete Company service area. Power manholes and vaults, shall be in- lines will be placed under- stalled underground in accordance ground. with utility company and City re- quirements. Approval of final tract maps shall constitute compliance with this mitigation measure. 49. The Project will be phased to Community Development Adoption of the Specific Plan shall reduce large electricity con- Director constitute compliance with this miti- sumption during initial years. gation measure. �V ----- r r.`..`^ "-�.."` r-�� r--..• s w...... r....rr - K•.+.r j+.wn*w wn+� Own" _Wnway ur TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification zi Telephone Service 50. The Project site is within the City Engineer The conduit system for all telephone General Telephone Company ser- service shall be installed under- vice area. All new telephone ground in accordance with telephone lines will be buried. company and City requirements. Ap- proval of the final tract map shall constitute compliance with this miti- gation measure. Police Services 51. Street patterns and' building City Engineer Approval of final tract maps shall, locations will be designed for constitute compliance with this miti- good visibility. gation measure. 52. Tax revenue from the Project None No monitoring .required. will provide additional fund- ing for any increase in police protection. Fire Department Services 53. Brush will be cleared to es- Fire Marshall (County) The Riverside County Fire Department tablish a fire break in open shall annually monitor brush condi- space immediately adjacent to tions to assess fire hazard proximal developed areas. to existing development. Posting and/or other notification by that Department shall constitute compli- ance with this mitigation measure. 54. Additional tax revenue derived Community Development The Specific Plan shall identify a from the Project will provide Director/Fire Marshall one-acre site for a future fire sta- funds for added fire protec- (County) tion. Adoption of the Specific Plan tion services and a one-acre 3 shall constitute compliance with this site will be preserved for a mitigation measure. future fire station. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring_Program Verification Fire De artment Services (Continued) 55. The developer will establish Community Development Applicant shall submit and the City fire breaks in accordance with Director/Fire Marshall and the County Fire Department shall appropriate standards and es- (County) approve a fire break plan for the tablish a fire break plan ap- Project area. Acceptance of that proved by the Riverside County plan by the City and County shall Fire Department and the Com- constitute compliance with this miti- munity Development Director. gation measure. Educational Service's 56. An agreement has been reached Community Development Dedication of real property for on- between the developer and the Director/Superinten- site school facilities, and accep- Lake Elsinore Unified School dent of Schools tance of that dedication by the Lake District pursuant to which an (School District) Elsinore Unified School District, 11-acre elementary school site shall constitute compliance with this and an adjacent 5-acre park mitigation measure. will be provided in the cen- tral portion of the Project Prior to the issuance of building site. There will be a further permits, the City shall further veri- agreement between the Project fy the payment of any applicable developer and the School Dis- school fees. Issuance of building trict covering mitigation of permits shall constitute compliance impacts on high school ser- with this mitigation measure. vices. Recreational Facilities 57. Three park sites are provided Community Development Approval of the Specific Plan shall in the development plans for Director constitute compliance with this miti- the Project, for a total of gation measure. approximately 46 acres of park j sites. Additionally, there is a 26-acre lake located in the r` TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Recreational Facilities (Continued) northern portion of the site. Parks, private recreation areas, open space and a wild- life corridor and lake area comprise approximately 253 acres of the total Project site. Recreation area facili- ties include a swimming pool , basketball and tennis courts, picnic areas and tot-lots. Energy Conservation 58. The Project will be phased to Community Development Adoption of the Specific Plan shall reduce large energy consump- Director constitute compliance with this miti tion during the initial years gation measure. of Project development. Growth-Inducing Impacts 59. The developer of the Project Community Development Dedication of real property for on- will dedicate an II-acre ele- Director/Superinten- site school facilities, and accep- mentary school site and pay dent of Schools tance of that dedication by the Lake school fees or make equivalent (School District) Elsinore Unified School District, dedications, etc.) to the Lake shall constitute compliance with this Elsinore Unified School Dis- mitigation measure. trict pursuant to a revised agreement with the district. Prior to the issuance of building permits, the City shall further veri- fy the payment of any 'applicable school fees. Issuance of building permits shall constitute compliance with this mitigation measure. eP4; 1 TUSCANY HILLS f' MITIGATION MONITORING AND REPORTING PROGRAM t: <` Responsibility Mitigation Measure For Monitoring Monitoring Program Verification P Growth-Inducing Impacts. (Continued) 60. Development of the Project Community Development Approval of the Specific Plan shall includes a small neighborhood Director constitute compliance with this miti- commercial center to provide gation measure. retail and other services to Project residents. Cumulative Impacts 61. Development of the surrounding Community Development Adoption of an Urgency Mitigation`>Fee projects may be expected to Director Ordinance and execution of a Memoran- have an adverse cumulative dum of Understanding with the County impact on the habitat of the of Riverside relative to the Interim Stephens' Kangaroo Rat. De- Habitat Conservation Plan shall con- veiopment projects in the vi- stitute compliance with this mitiga- cinity of the Project will be tion measure. required to participate in Riverside County fee programs to fund purchases of high-qua- lity SKR habitat preserves, or to participate in the River- side County Habitat Conserva- tion Program, once this pro- gram is approved. 4517/77 - _ EXHIBIT D - TO RESOLUTION 8913 ;++r-•r•ax ,.•4,: r,: +:+}„AC'•:�i:'w,. �'f: ,r�'i�o..+�:,;.a,yu,H y�,.4..}f:�::��'^':.+b {:fr..t�':-:'�;V..}:•:'?'{..--r�'•''S`!��v� n{P. fi•��:�•1'.�ti}•.i:?J$,',45�,atg.,4,v.�4.`4'�i:2::>:•:.t4�:;f.}� Y�:\^�:t•, Q��:`:Svv,��u{O.na:S�.bi�Ovi:Si:}:C:i:2:Jovl.::..Ynuv.�'ri'<_O:A{J.k1.•jr J:.x:.. • ...5'�'.�.O:ji`fa�^�':.:::}}a�l:ati.S.v.vn}{vr�. .:j>}O"'�''':0.�:.{.p:?f�f:.<v<fi{...:..:::}:,Yro:{r:�,S.-}. :n.:.::;{.. .......,' .,w ::b.;f aa:}..:: :xt;}:: ,•:y4:. ,"yay e$:;n»y cF} ?y«ti ` . av .:: 'cP:f Oy .i•.R:X,.'•-s"t i:•�i: - -:'�v},tOY:'' ,: S +:4¢ 4 '':;Ftt.::- .}f.t�; :.t�4:u.: :��4:Y•1'u�::<. �i{ +;i{:+v.:?�i :.` :;uJ'.'hr'!i.:i�M1 .:G.0 ::.4:•:}tn;>':O:r:b.y �� :C•. ::4�: :f'r' ':nppi-:{?:{.}'j�v.{�: }:t:.•.�:J'{.J;�: r -»ar+:t:}�:t;{.��:�:5 Svio..ryv�};O}" :�iryA'. :.\` :'± %{: �::< J.:, 4'�+• :}uy.f:. .�..rii'v`}:n?SOr'ti�'�.: �v:}�t4:<r:��t: ,{v: if4\ rr.4:.v:{:{.}:��:�•}.j'}'{�i?�}.:..::: 6� III t 'f r% r SPEC PLAN SUBMITTED TO: CITY OF LAKE ELSINORE NOVEMBER 1989 .,�.�:�*acetic`cis',....,�-au?tssi::�r`<'�'-i%�'`��:,�.:ti:`:.��z;+gyres:U:::�.:f=•._:..,.n.A�":`_r. .-., ..-. _ ,. _ . i r 1 TUSCANY HILLS SPECIFIC PLAN PREPARED FOR HOMESTEAD LAND DEVELOPMENT CORPORATION _ NOVEMBER, 1989 r r ` TABLE OF CONTENTS Section pace I. Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Site Description . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . 3 . . . Project Overview 3 Project History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Purpose and Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 III. Site Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Topography. . . . . . . . . . . . . . . . . . . . . . . . . 9 Geology . . . . . . . . . . . . . . . . . . . . . . . . . 9 Seismicity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Hydrology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Biology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Archaeology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 EIV. Land Use Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . Land Use 16 OpenSpace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 V. Circulation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 VI. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Water Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Wastewater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 VII. Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 �. Police Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Fire Protection . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Parks and Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 VIII. Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 �- - Single Family Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Neighborhood Commercial Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Open Space/Recreation Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 i r Page- IX. Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 General Guidelines, Purpose and Theme . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Landscaping Guidelines . . . . . . . . . . . . . . . . . . 54 . . . . . . . . . . . . . . . . . . . . . Site Planning Guidelines 73 Architectural Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 - Community Walls and Fences . . . . . . . . . . . . . . . . 77 Signage Program 79 FX. Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 f Consistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Specific Plan Modifications/Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 81 XI. Project Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 XII. Project Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Appendices A. Definitions B. Technical Appendix to the Specific Plan (bound separately) EXHIBITS FAge 1. Regional Vicinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Project Vicinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Conceptual Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Planning Approval History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Hydrology Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6. Concept Grading Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7. Surrounding Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8. Land Use Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 9• Pen O Space Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 P 10. Circulation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 11. Street Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 12. Street Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 13. Water Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 _ 14. Sewer Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . 31 15. Storm Drain Facility Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 16. Typical Model Complex Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 17. Signage Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 18. Signage Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 �._ 19. Setbacks in the R-SF Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 20. Garage Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 21. Model Signage Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 22. Monumentation, Wall and Fencing Plan - Northern Section 55 f 23. Monumentation, Wall and Fencing Plan - Southern Section . . . . . . . . . . . . . . . . . . 56 L 24. Primary Entry Monument and Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 L r r Page 25. Primary Monument Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 26. Secondary Entry Monument Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 27. Secondary Monument Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 28. Tertiary Entry Monument PIan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 29. Tertiary Monument Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30. Conceptual Landscape Plan - Northern Section . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 31. Conceptual Landscape Plan - Southern Section . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 32. Primary Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 33. Secondary Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 34. Interior Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 35. Land Use Maintenance Responsibility Plan - Northern Section . . . . . . . . . . . . . . . 71 36. Land Use Maintenance Responsibility Plan - Southern Section . . . . . . . . . . . . 72 37. Typical Front Yard Landscaping Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 A 38. Typical Architectural EIevations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 39. Typical Architectural Elevations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . 75 40. Wall and Fence Elevations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 41. Development Phasing Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 - 42. Backbone Infrastructure Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L_ .......................................... TABLES 1. Tuscany Hills Specific Plan Statistical Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 F2. Major Earthquake Faults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Cut and Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 F4. Water Usage by Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Estimated Water Demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6. Estimated Sewage Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7. Estimated Student Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 8. Streetscape Plant Palette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 9. Project Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 10. Infrastructure Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . go lul 1 TABLES Pie 1. Tuscany Hills Specific Plan Statistical Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Major Earthquake Faults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Cut and Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 16 4. Water Usage by Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Estimated Water Demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6. Estimated Sewage Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7. Estimated Student Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 8. Streetscape Plant Palette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 1 9. Project Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 10. Infrastructure Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Y L 1 I. EXECUTIVE SUMMARY The Tuscany Hills Specific Plan has been prepared for a 973-acre site within the City of Lake Elsinore. Near the southwestern and northern project boundaries are the major highways, Interstate 15 and State Route 74, respectively. Canyon Lake (Railroad Canyon Reservoir), situated in the San Jacinto River Plain, is adjacent to the southern boundary of the site, and Greenwald Street borders the northern boundary of the site. The project includes approximately 709 acres of single family residential uses, 46 acres of community parks, 11 acres of private recreation, an 11-acre elementary school site, and the l remaining 196 acres as open space and lake uses. Table 1 provides a statistical summary l of the Tuscany Hills Specific Plan. As noted in the table, the 35 percent open space requirement is identified as well as shown in Exhibit 9 of this document. Tuscany Hills will enjoy the benefits of a master-planned community. The project will fulfill a demonstrated need in the area for additional dwelling units. The infrastructure and other public facilities will be sufficiently sized to meet the demands of the community at buildout. . In addition, specific planning and design elements will be applied to create a varied yet cohesive project. It is the intent of the Tuscany Hills project to be varied in character, yet provide _ complementary land uses to existing and proposed project components. Approximately 196 acres of natural open space, wildlife corridors, and lake areas are provided. Additional objectives of the project include: o To satisfy anticipated market needs and public demand by providing a diversity of housing types and site locations which will be marketable within the developing economic profile of the City of Lake Elsinore. o To target the residential product types and concepts mostly to emerging, growing, and mature families. o To include design segments in the residential products that respond to forecastable Ldemands in the market area. o To create a community identity for the Tuscany Hills project through a consistent application of architectural standards,landscape standards,and recreational facilities standards. L. 1 r TABLE 1 Tuscany Hills Specific Plan Statistical Summary' r l Planning Gross Dwelling Area Land Use Acres Units la Single Family 92.33 355 1 1V Single Family (c) 483.93 1,391 ( lc Single Family 132.83 254 ( 2a Park 5.3 -- 2b Park 3.2 3a4 Private Recreation (c) 4.3 3b Private Recreation 6.8 -- 4 School 10.9 -- 5a Open Space 117.2 -- 5b Open Space 5.2 -- 5c Open Space 5.0 -- 5d Open Space 9.4 -- - 5e Open Space 1.8 -- 5f Open Space/Park 37.4 -- 6 Wildlife Corridor 30.9 -- 7 Lake 26.5 -- Total 972.9 2,000 i Parks, private recreation areas, open space, the wildlife corridor and lake area comprise Lapproximately 253 acres. This acreage,plus approximately 88 acres of manufactured slopes adjacent to major arterials and interior slopes, will make up the 35 percent open space requirement identified in the Development Agreement of 1980 (refer to Exhibit 9). L - l 'Planning Areas shown on Exhibit 8 'Commercial overlay comprises 15.2 acres 'Includes landscaped slopes along major streets L 'Commercial overlay comprises 4.3 acres L L 2 L - na f Gl/ r II. INTRODUCTION Site Location/Description E Tuscany Hills is located in south central Riverside County adjacent to the northeastern city limits of Lake Elsinore, California. Exhibits 1 and 2 locate the project in its regional and r local vicinity,respectively. The site is-located entirely within the corporate limits of the City of Lake Elsinore. Summerhill Drive serves as the main access to Tuscany Hills from the southwest. This road intersects with Railroad Canyon Road near Interstate 15, approximately one mile from the site. Canyon Lake (Railroad Canyon Reservoir), which is situated in the San Jacinto River plain, is east of the site. The project site is bounded to the north by Greenwald Street. Greenwald Street intersects with Highway 74, approximately two miles north of the site, providing access to the cities of Perris and Riverside. The Tuscany Hills site is contiguous to the western boundary of the Canyon Lake community,and parallels an east-west trending ridgeline which has a peak elevation of 1,915 feet. The southern flank of this ridge descends to an elevation of ± 1,320 feet near the San Jacinto River. The canyons and swales of the property flow easterly toward the lake which is constructed across the San Jacinto River. Slopes in this portion of the site generally range from 30 percent to 50 percent in some areas. The average slope within Tuscany Hills is approximately 35 percent. Project Overview The Tuscany Hills Specific Plan consists of 973 acres and contains a total of 2,000 dwelling units (Exhibit 3). Open space is an essential element of the project. Approximately 170 acres of the southern portion of the site will be maintained in its natural condition. In addition, a 31-acre wildlife corridor has been incorporated into the design. Additionally, community parks, a lake, a school site, and private recreation areas are provided as illustrated on the Conceptual Site Plan (Exhibit 3). Project History Prior approvals for the site relate to the proposed Canyon Lake Hills Planned Development which began in 1978. In 1979, a general plan amendment and preannexation zone change were filed for the 2,000 dwelling unit Canyon Lake Hills Planned Development. In July 1979, an EIR was submitted to the City of Lake Elsinore. In May 1980,the City and Canyon Lake Hills Developers signed a Development Agreement L which stated the conditions,terms,standards,restrictions,regulations,and requirements for the development, construction and operation of the proposed residential, commercial and open space planned development of Canyon Lake Hills. One of the most significant L provisions in the development agreement stated that the"Rules of the Game"would be the policies, ordinances and resolutions in effect at the date of the execution of the agreement. This agreement stated that any ordinance policies or resolution adopted after the execution of the agreement and deemed "more restrictive"would not apply to the Canyon Lake Hills Ldevelopment. L 3 r REGIONAL '•t'� � fix:{•� .vm�ao{..': +:v: dfv`�..sr�t�.¢;( �yO�4`tr'..F: +�� `.. ;L4'�:�:.•y:to: :i.}��¢',tr.4Y It - VICINITY r r a :•Y.• n? ; l• a r L.A. COUNTY/ 215 ( / SAN BERNARDINO SAN COUNTY BERNARDINO v 'TO LA. 10 60 l 71 RIVERSIDE \\ TO PALM 91 LAKE PERRIS SPRINGS _ TO ORANGE 1 RIVERSIDE COUNTY \ LAKE 15 MATHEWS COUNTY ORANGE ; L COUNTY CANYON LAKE �- LAKE - PROJECT 74 ELSINORE SITE C TO RANCHO TO SAN DIEGO CALIFORNIA N.T.S. EXHIBrr 1 L ssoclete R 4 ram— i..�uv:a.e - o/fay mw•o�..r•mn.... (vu1Wial ' T J / PROJECT VICINM TO PERRIS AND RIVERSIDE l Z w �b 3 Z W lu cc FROM CORONA AND ORANGE COUNTY :A>•.c,•„o :%• f�F E' ;Wj Xdy` LIM, ' a#:��.4'�R,$O}?Si`oa,dp.:`:4,:«Q• <.'•'r'C`r,.,f:5:{�;y�y`t'F�o'i'v:?yii,{•;;; •$j:. �/�.,��..$jj:•F�� l�i�?'}'{:=:�v":•v.�i:i{?i%:i�4�A4:4r:i$�.j:. .PRIMARY >y :<» : ># TO RIVERSIDE ACCESS o •sw c: ?.y::............ :.............::. ,::.s aFt.'. �a ROAD y L4KES�RE pR� L RAILROAD CANYON ROAD l E cp • N_T.S. EXHIBIT 2 L �`-"---"' rate' LTO SM DIEGO `�` r �-lftvJYJtt...rt..r.} rr �^ •mot �\\Y�/^ �!� f f �• ` '— --�: ` - .:... CONCEPTUALSIfiE PLAN 4't 7 .� c��-•Ms. rY 4-{t .. ;� / \;`:' a WPC -_.�.-�-f.•. . l. �� '! / �' Y S !r!•„ �� a�.�` ^r'.�V-r:�ii sty '.. '__ • t J �'r J-1 �ti �l� i �s� NATURAL L f r ,ti �� _'-r.'`• T OPEN SPACE ,•� f SCALE_1"=1155' EXHIBIT 3 § ti=\�.�`.� � AI.�'.YI�.LVGINLIifpWG•Sl�RViy!!Y(: p l5nr!! ![f InYw[.G9l111 L — f'lV)SilJO10 .'.�k't'.'-'!Y:Y.S'by.C•:.:r.s....i'iCi.#t�.'C:.... ...:.....t. ..a..-r..w+....- _......-.•fw... .r... .. .... ... • .. r 1 In January 1981, the developers, ABC Heritage, submitted Tentative Tract Map 17413 to cover the southern portion of Canyon Lake Hills. In the late summer of 1981, the developers revised Tract 17413 because the project as per the approved map was not buildable. A revised map was submitted in the fall of 1981,proposing a new access for the project and r single loaded streets to provide for more view lots. To enable the single-loaded streets ! feasible,the developer proposed the streets as being 40 foot right-of-ways with 28 foot curb separation. The United States Department of Housing and Urban Development (HUD) was, at the time, going to provide housing for Canyon Lake Hills as part of their Title 10 program. At r HUD's request, an EIS was prepared to address the following areas of concern: 1 - Distance between street intersections Impact of tract map on wildlife Fire Department's major concern about the narrow streets Lack of access to Railroad Canyon Road - Street widths and offsets and the proposed "gated community" Tentative Tract 17413 was finally approved by the Planning Commission on January 1982 (Exhibit 4 shows the history of planning approvals). The City Council directed the new developers,ABC Heritage, to apply for a variance on requested street widths and building setbacks. An amendment to the Development Agreement for the new access road was prepared, but never executed. By April 1982, the Planning Commission had approved the variance request. Subsequently, Homestead Land Development Corporation purchased L Canyon Lake Hills, and the name of the project was changed to Tuscany Hills. The Technical Appendices that accompanies the Tuscany Hills Specific Plan document the planning and approval history for Tuscany Hills. LPurpose and Objectives The purpose of the Tuscany Hills Specific Plan is to provide the regulatory framework to L expedite and provide predictable standards of regulation for the development process of Tuscany Hills through the City of Lake Elsinore. After adoption by ordinance, a specific plan has an effect similar to the local zoning code. Tentative and final tract maps must be consistent with the applicable specific plan provisions. All detailed plans submitted in the ( future shall be consistent with this specific plan. L Preparation of this specific plan is not required for the Tuscany Hills project since the project was approved by the City of Lake Elsinore in 1980. The purpose of this document is to "pull" together in one document and update the numerous planning and processing studies and agreements that have occurred during the life of the Canyon Lake LHills/Tuscany Hills project, a project that essentially began in 1978. The Tuscany Hills Specific Plan identifies the general location and type of land uses and sets standards for various development options, as well as provides a focus for the standards L and guidelines under which these areas will be developed. An important function of the Tuscany Hills Specific Plan is to reduce the need for detailed L planning and environmental review procedures related to subsequent development of the project area. The specific plan regulations contained herein are intended to be responsive to changing community needs and desires in order to function without the need for Lamendments and review. f 7 L G!/ � .,#, 'r`ry .ti5 !a:✓.r's°5,�1.•kaw5?::::�:::s:'iY�: .J�x+'.;4`.:S<S;q'::'k-: MHU, AMI.I.Y'..0 _ .,�;. , �: ° a : i'� � .. �..._ _'ia:.r:. fix•. 4 :° .i C+.•':s2�6 phi: �•<>"+�, PLANNING APPROVAL `? HISTORY LEGEND +� '' �' •• TENTATIVE :`� �: F •'- :'`: TRACT 17413 L ;.x�� 2�� r •,;_:.,;x .. .:� 4th REVISION P.M. 23910 ti v ' �' �r :S• �:. v..: - '•: r= - .: � RECORDED .'.S ti^.•rf-� N' :':•Q.,�\, .;;'�:�;�s�•� -. : �.,,-�3` •is Y�Y�1. r,?��e.Y.•s sf .r•�:'- ?r".f��:;':;r r . �'+ T.P.M.2.r7005 � I L a��{. � �'•, -J�`'•T h' ..•'•fir, •�S•:•:S:?•+!J Jr v N :r -r �/ G`•, •., r.l�;.-aS` �.k y�'' �' L ar Ji. - rt - �':� ram:= ..� =''•' '� .,• •��.. •t.- .�'.. •J �. •t. •1 f• w�• yy •1 1 .'�yi V. �:ci-•ter- -.Y.. '�9 :•i e r - •A SCALE:1"=1155' EXHIBIT 4 unsakeY Cr4ssociat.es L•• ;1�yr' Ina •.•:�.:':^•::•�:• •:n'�' ''YC.EYGWLWNG•JURVlYA'G .�Y.'::•:�:`':•: l.': l7mNWIM• /mxe G9tll! f'+•1 w-fus III. SITE ANALYSIS Topography Tuscany Hills is located adjacent to the foothills of the Santa Ana Mountains in southwestern Riverside County. It is contiguous to the western boundary of the Canyon Lake community, and parallels an east-west trending ridgeline which has a peak elevation of 1,915 feet. The southern flank of this ridge descends to an elevation of 1,320 feet near the San Jacinto River. Slopes generally range from 30 to 50 percent, with the overall average approximately 35 percent. Overall, approximately 10 percent of the site has slopes of 0-10 percent,20 percent of the site has slopes of 10-20 percent, 30 percent of the site has slopes of 20-30 percent,30 percent of the site has slopes from 30-50 percent and 10 percent of the site has slopes in excess of 50 percent. Geology Tuscany Hills is within the Peninsular Range Geomorphic Province of Southern California and is situated in the eastern foothills of the Santa Ana Mountains. This region is chiefly underlain by igneous-and metamorphic rocks at the pre-Cenozoic age. The metamorphosed materials were originally Mesozoic sedimentary rocks. The igneous materials are mainly granitic in nature. Tuscany Hills lies near the boundary of two regional geologic provinces, the Perris Block and the Santa Ana Mountains. The site contains five basic geologic units: recent alluvium of stream transported sands and gravels; older alluvium sands and gravels with a silt and clay binder; terrace deposits of sandy gravels with boulders; Santa Ana formation r metamorphic rocks of the triassic age; and intrusive igneous complex, a massive collection Er of igneous materials ranging from granodioute to gabbro. Seismicity _ Liquefaction during seismic events is not considered a problem at Tuscany Hills due to the shallow depth of bedrock and rocky surficial deposits. The seismicity of the region is dominated by the Elsinore fault zone. The north Elsinore fault zone lies approximately one-half mile from the southwest corner of the property. Other faults within the Elsinore fault zone which occur within four miles to the southeast consist of the Glen Ivy Fault, Willard Fault, and the Wildomare Fault. Lake Elsinore occurs within a depressed fault block between the Willard and Glen Ivy Faults. Other active faults are located in the general region of the project site, such as the large San Jacinto and San Andreas Fault Zones. A summary of the major faults and their distances from the site is shown on Table 2. LTABLE 2 Major Earthquake Faults f Distance from Site L Fault (Miles) ( Elsinore 2 L San Jacinto 20 San Andreas 30 E 9 soils The soils of the project site consist mainly of rocky and sandy loams of the Lodo, Cieneba, Garretson, and Hanford series. In addition, there are scattered areas of Bosanko clay soils and artificial fill materials. Loose,.alluvial sands and gravels comprise the majority of the site soils. While most of these deposits are within a few feet thick, thicker deposits are located along the southern boundary and southeastern corner of the site. The only soils on-site that have presented engineering or development problems in the past in other areas are the Bosanko clays and areas with slopes greater than 45 percent. Bosanko clays must be carefully managed because they are relatively expansive when infiltrated by water. Steep slopes present grading and erosion problems. Only the Class Il Garretson soils have any significant value for agricultural use. This type of soil is available on less than one percent of Tuscany Hills. The Bosanko and Hanford soils are Class III soils with limited agricultural potential. All other on-site soils have a Capability Classification of VII, indicating very limited agricultural usefulness. [ Hydrology The depth to groundwater surface within the site is the canyon bottoms where seepage is prevalent. The site exhibits a moderate to high infiltration rate due to the nature of the metamorphic bedrock. The groundwater storage is continually being replenished by deep percolation of water from precipitation and stream flow. Groundwater levels fluctuate dramatically within the wash areas. The groundwater table is near the surface within the San Jacinto River easterly and southerly of the site. -" Existing drainage of the project site is controlled by the east-west canyons and swales which channel runoff eastward toward Canyon Lake. Regional drainage flows into either the San Jacinto River or Canyon Lake. The river eventually flows into Lake Elsinore. The water quality of Canyon Lake is marginal due to the amount of agricultural runoff from the east and northeast. The Hydrology Plan for Tuscany Hills is shown on Exhibit 5. L _ L 10 ....................................... n?�R+..'�.}�,.:�,�.•'.jS�.n;�RT,^Mh7Y .,:i}�•'MM^P'\tl>:0:^O,NJ;+Yd'�+�Q'�' { ---------------- HYDROLOGY PLAN LEGEND DRAINAGE BOUNDARIES DIRECTION OF FLOW t I SCALE:1"=1155' EXHIBIT 5 L 1 ssociateg i� rL � °/fn...x.�.. .-r.u9nn ro..x.w..rr..rno.ra.nei. nrnw-ur. GPM— Biology Southern Section The bulk of the project site has received little or no prior impact, except from fire and from minimal sheep grazing. Indigenous communities are of significant extent and characteristics species diversity. A full complement of indigenous fauna typically occupying interior scrub habitat is found on-site. Three types of habitats having biological value are found on the property: extensive upland sage scrub, riparian woodlands, and adjacent brushy slopes and exposures of Bosanko clay. o Sage Scrub-The vast area constituting the western half of the southern project site and containing an unbroken coastal-inland sage scrub cover is inhabited by a significant population federally-listed endangered Stephen's kangaroo rat, in addition to a variety of other dry land adapted mammal and reptile species. o Riparian Woodlands - All riparian locales on site, including the San Jacinto River (technically under separate ownership), Cottonwood Creek, and four tributary arroyos of the former drainage,contain riparian habitat which is extensively utilized by a variety of fauna, including songbirds and nesting raptors. o Brushy Slopes and Bosanko Clay Exposures - Because of the limiting quality of the Bosanko substrate, grasses and forbs are generally low growing and opportunities exist for establishment or persistence of noncompetitive species, including those which are rare and endemic. The Bosanko exposures are also ideal sites for spring wildflower displays, containing a diversity of species. Northern Section The biological setting of the bulk of the northern Tuscany Hills is characterized by the extensive stands of open coastal sage scrub interspersed by brushy or wooded drainage courses. The habitat of the northern half of the project site is less biologically diverse and more disturbed than the contiguous habitat in the southern half. Sheep grazing has been a past land use whose impact is still obvious. Mining and prospecting has impacted certain limited portions of the site and some off-road vehicle use and parking has impacted flat land north I of Greenwald Avenue. Coastal sage scrub is the principal type of vegetative cover present on the northern half. The condition and productivity of this community, including density and species diversity, is poorer than in the area immediately to the south. Shrub cover is generally not contiguous, but is instead interspersed with low-growing annual grass vegetation. - Two significant habitat es are found in the northern planning area. The first is the ass types P g grassy and open coastal sage scrub settings documented as being occupied by the Stephen's { kangaroo rat or where this species' presence is suspected. The following section assesses L the impacts of the project to the Stephens Kangaroo Rat. The second habitat of significance is the main drainage, which enters at the northwest corner of the property and exists at the southeast. A lateral drainage area also passes through the southern part of this area. In October 1988, Homestead obtained a 1603 Agreement from the California Department of Fish and Game. L 12 Stephens Kangaroo Rat Development of Tuscany Hills will impact approximately 282 acres of known habitat of the Stephens Kangaroo Rat, listed by the U.S. Fish and Wildlife Service as an endangered species. - To determine the effects of the proposed project on the Stephens Kangaroo Rat, a focused biological assessment was conducted by Tierra Madre Consultants, Inc., in January 1989. This assessment included a literature review to identify reported occurrences of the Stephens Kangaroo Rat on, or in the vicinity of, the project site, and a survey for potential Stephens Kangaroo Rat habitat. In addition, a walkover survey of the Tuscany Hills site and a range-wide survey to find and map the populations of Stephens Kangaroo rats was completed by O'Farrell Biological Consulting in February 1989. The results of the Tierra Madre studies are noteworthy in two respects. First, the site currently supports about 282 acres of occupied Stephens Kangaroo Rat habitat, distributed in a patchy configuration typical of the species throughout the 973 acre site. Second, the ii entire Tuscany Hills,site is contained within one of nine areas currently under study by the County of Riverside as a potential reserve for this species. This study area in which the project site is located is known as the Canyon Lake/Kabian Park site, and includes approximately 9,350 acres. The O'Farrell study concluded that the Kalbran Park site should not be considered as a potential preserve location because of its marginal habitat quality. The preferred preserve sites were chosen on the basis of general quality of habitat and the presence of relatively continuous, significant SKR abundance. Construction of the project would result in the direct loss of the occupied Stephens Kangaroo Rat habitat that is found on the site. It would also effectively eliminate the southernmost portion of the Canyon Lake study area as a possibility for a potential reserve through direct loss of habitat on site and isolation of adjoining habitat found in the southern portion of the study area. Taking of the Stephens Kangaroo Rat is prohibited by the Endangered Species Act and this prohibition has resulted in efforts by the County of Riverside and affected cities to develop a Habitat Conservation Plan and seek authorization to take specified areas in order to facilitate some continued development in the range of the Stephens Kangaroo Rat. The County is currently engaged in a program to determine the effect of a region-wide reserve ` strategy for the Stephens Kangaroo Rat in western Riverside County relating to their efforts to apply for and obtain a long-term Section 10(a) permit. L To assess the impacts of development of Tuscany Hills on the Stephens Kangaroo Rat population in light of the species as a whole, the United States Fish and Wildlife Service conducted a Field reconnaissance of the project site. In April 1989,portions of the Stephens Kangaroo Rat habitat were visited by the Fish and Wildlife Service biologists, biological L consultants for the County of Riverside, and representatives of the County and the Sierra Club. In addition, unpublished reports prepared by the County's biological consultants, assessing the long-term potential of habitat in the Lake Elsinore region, as well as soils L maps and other available information, were consulted. The results of these analyses indicated that the Stephens Kangaroo Rat is found at this time primarily in trace abundance (i.e. <2 borrows/100 square meters). Based on estimates of density, there may be L approximately 115 Stephens Kangaroo Rats on the Tuscany Hills site. The soils and vegetational attributes, plus the relatively degraded condition of the site due to prior construction activities, dumping, and off-road vehicle use, appears to have limited the long- term potential of the site as a reserve for the Stephens Kangaroo Rat. L 13 L It is the biological opinion of the U.S. Fish and Wildlife Service that the conservation measure prescribed in the Tuscany Hills Project Stephens Kangaroo Rat Conservation Plan and its implementing Conservation Agreement,will not jeopardize the continued existence of the Stephens Kangaroo Rat. The net result of the program would be the elimination of the southern portion of the Canyon Lake study area in exchange for acquisition of over 600 acres (including at least 282 acres of occupied Stephens Kangaroo Rat habitat) in the Estelle Mountain area, a site identified as another study area for a potential Stephens Kangaroo Rat reserve. This acquired land could be combined with other lands to be acquired in this area and used for establishment of a permanent reserve for the Stephens Kangaroo Rat. The initial phase of the mitigation program for the Conservation Plan provided the acquisition of 560 acres of good quality preserve property to minimize the impact loss of the law quality habitat within the project. An additional 46.7 acres of occupied habitat will be acquired and added to the preserve system to complete the mitigation of the habitat loss on the project site. Archaeology An archaeological records search of the Tuscany Hills site was conducted at the Archaeological Research Unit, Univcrsity of California at Riverside, on October 13 1989. Based upon that records search it was determined that the entire project site had been previously surveyed for cultural resources, and that as a result of that survey, four (4) recorded prehistoric or historic sites were identified. To further scientific inquiry concerning these four recorded sites and to document the significance of those cultural resources in accordance with the California Environmental Quality Act, a physical reconnaissance of the project site was undertaken on November 16, 1989. The findings of that records search and on-site inspection are I summarized below: ( • The Wrench Gold and Slate Project Although the first recorded mining claim on this location dates to 1937, Mexican miners were working the area prior to the 1870s. The subject site contains artifacts from that mining prospect and comprises a partially buried house foundation with rock walls, a scatter of tin cans and automobile parts and two other associated concrete foundations which date to the 1930's era. In recognition of the relatively recent nature of this site, a historic archaeologist will test, excavate, map and document this prospect prior to any I direct impact (e.g. grading). (_ • A Segment of the OId Railroad Canyon Road and Railroad Bridge These late 19th century features have been identified as relating to the original development of the region. Upon physical inspection (by a qualified archaeologist) the site was found to be undisturbed but is in very poor condition. Most, if not all, of the timbers were found to be decayed and buried in brush that has washed down the creek. This feature is in such a state of decay (either rotten or mired in the creek bed) that this site offers limited research potential. Because of its Iocation in the creek, it is unlikely that it would be disturbed unless the creek was either rerouted or channelized. L Through subsequent investigation of this feature,the remains of the bridge and roadbed will be recorded and described within the historical framework of the railroad operation. 14 1 • Remains of the Ella Van Fossen Residence This site comprises the remains of the Ella Van Fossen residence which dates to the 1920's era. Miss Van Fossen was an early local environmental activist who single- handedly attempted to block construction of the Railroad Canyon Dam. In 1926-27 she burnt her residence and the surrounding environment as one final gesture of protest. Permitted grading activities, authorized under Tentative Tract No. 17413 - Revision No. 4 have partially impacted this feature. Melted glass, charred wood and portions of the foundation were observed during field inspection. Subsequent archaeological investigation is currently underway in an attempt to locate the privy which would be of value in the interpretation of this site. • RIV-698 This prehistoric site, located in the southern "pan handle" of the property, consists of a small milling station with accompanying light chipped stone scatter. Portions of this site have been impacted by permitted grading activities authorized under Tentative Tract No. 17413-Revision No. 4. Archaeological investigations are currently underway, including mapping and photographic documentation of the milling feature, for the further recordation of this feature. 1 L L L 15 J IV. LAND USE PLAN Site Grading t The concept grading plan for Tuscany Hills is shown on Exhibit 6. Table 3 illustrates the proposed cut and fill calculations for Tuscany Hills. Grading of the site will be conducted in a manner which eliminates the need for the import or export of dirt. TABLE 3 Tuscany Hills Cut and Fill North South Cut 5,142,330 cubic yards 7,559,320 cubic yards Fill 4,785,370 cubic yards 7,424,000 cubic yards While significant grading will occur, the grading concept for the site is intended to maintain the natural land form as closely as possible. In addition, single loaded and 28-foot street widths help to maintain the natural land form. This is especially true in the northern half of the project site in which more gentle slopes and open fiat areas are found. The southern half of the project site will necessitate increased grading as steeper ridges, where average slopes of 35% are encountered, which will allow views of surrounding hills and Canyon Lake. Approximately 170 acres of the southern portion of the project will remain natural and ungraded. In addition to the open space areas,the southern portion includes approximately 23 acres of park land, a 37.4 acre open space/park site, and 57 acres of estate lots. Minimal grading will occur in the establishment of these lots. Approximately 33 acres in the northern portion will be left as open space, and 34 acres will be developed as park, recreation, and lake use. In addition, the 31-acre wildlife corridor in the northern half of the project site will remain in open space. Land Use Plan Surrounding Land Use Most of the existing developments are located on two opposite sides (the northeast and southwest) of the lake,while the agricultural lands are mainly located on the northwest and southeast ends of the subregion. A large floodplain is located adjacent to the southeastern end of the lake.Although the lake is a regional recreational facility,it is not fully developed. L Land uses surrounding the project site are predominantly undeveloped except for the Canyon Lake community, to the east (see Exhibit 7). Canyon Lake consists mainly of custom home sites. Ramsgate has an approved specific plan which includes 2,850 dwelling units. Vesting tentative tract maps are currently in process with the City of Lake Elsinore. The Friedman property has a recorded tract map with grading and development in progress. The balance of the surrounding property consists of vacant,undeveloped private and federal property. Greenwald Avenue provides access to the north from the site, and Railroad Canyon Road provides the southerly access to the Canyon Lake community and Tuscany Hills. L 16 t� `�`� ��/ Fiy` y.�'�,•.`A}. .;iG:,,'t�°.,.,`: r.:o.:. G..'Crc4. rul?:v' \` y 1560 -B 158 1600 L 7 m r o v N 7 0 1500 CONCEPT GRIMING PLAN I 1 1520 LEGEND M LIMITS OF LANDFORM ALTERATION 1540 fid 1560 f ROUGH GRADE CONTOURS 16� 1580 "a�2o _ r I �J)rJ 1 I' NOTE: PERMISSION TO GRADE OFFSITE IN PROGRESS 17g0 1600 MASS GRADED PER T. 17413-4 L � ' L � ♦� 1� '69 1�0 f, 17720 jj Y o / N t0 _ I/ - SCALE_1"=1155' EXHIBIT 6 Lssociatr,�; ra,wn.p. i.,wRurnu pkw� o....w..t.. J I SURROUNDING IAND USE :: . �s TO PERRIS *BOUNDARIES OF SURROUNDING LAND USE AND RIVERSIDE ARE APPROXIMATE. +Y BALANCE OF SURROUNDING LAND USE IS MADE UP OF FEDERAL PROPERTY & PRP#'ATE HOLDINGS. O m m z 1 FROM CORONA i AND ORANGE COUNTY RAMSGATE (approved) A ; TO RIVERSIDE FREEDMAN PROPERTY (approved) LAKESHORE ROAD COTTONWOOD CANYON HILLS (approved) LAKE ELSINORE Np f N.T.S. EXHIB[T 7 Laf�larJ' TO SAN DIEGO ssociale�r J Tuscany Hills Specific Plan Land Uses The Tuscany Hills land use plan consists of 4 primary land use designations: residential, ` parks and recreation,schools and open space(Exhibit 8).The development program consists ! of selling completely designed planning units of approximately 200 lots to builders. This will allow a distinct and varied product type while maintaining an overall theme for the community. The four primary land uses are discussed below: a Residential Uses-The construction of 2,000 dwelling units is the primary component of the land use plan. These units will be constructed in four distinct phases as discussed in Section XII, Project Phasing. Approximately 709 acres are devoted to residential construction, primarily in the northern half and southern two-thirds of the site. Due to the relatively steep and varied site conditions, development costs will be significantly higher than would occur on a more consistent site. This will require that the homes be targeted to middle and upper income families. Single loaded street configurations will be more sensitive to the topography and will allow a majority of the lots to have Canyon Lake and Lake Elsinore views. o Commercial Uses - The land use plan identifies a residential area and private' recreation area within the Tuscany Hills Specific Plan that include commercial overlays. One of these areas is adjacent to the lake and may contain facilities associated with the Recreation Center/Beach Club. The other area that has a commercial overlay is in the extreme northeast corner of the project site. This area may provide neighborhood commercial land uses. o Parks and Recreation - Two distinct private recreation areas and two public parks are provided in the land use plan. Also included in the plan is the 37.4 acre open space/park located in the southeast portion of the site. The first private recreation area (planning area 3B) is the Homeowners Association Recreation Center at the intersection of Summerhill Drive and Via Scenica in the southern half of the project. The Center is anticipated to include a competition size Junior Olympic swimming pool,wading pool, spa, tennis courts,basketball/volleyball court, tot lot, picnic area, and community building as approved by the Planning Commission in June 1989. A second private recreation area is located next to the proposed 26.5-acre lake in Planning Area 3A and consists of approximately 4.3 acres. A five-acre public park in Planning Area 2A will be constructed in conjunction with and adjacent to the eleven-acre school site along Summerhill Drive and La Strada. In the northern section,also along Summerhill Drive, an 3.2-acre park site is located adjacent to the 4.3-acre private recreation area next to the lake. The precise program for this park _ site will be approved by the City's Community Services Director. o School-An approximate 11-acre elementary school site has been incorporated into the land plan adjacent to a 5-acre public park along Summerhill Drive. The school is centrally located.in the community to minimize driving and walking distances to the school. L 19 I I .... •a tic I I I II -t LAND USE PLAN Statistica.i Summary G � Gross Owelltng 7 Area Land Use Acres 11nits - 1 A Single Family 92.3 355 1 B Single Family 483.9 1.391 1 C Single Family 132.8 254 2 A Park 53 2 B Park 3.2 3 A Private Recreation 4.3 + 3 B Private Recreation 6.8 +* 4 School 10.9 /f+j + + + » ++ + + + + + + , � 5 A Open Space 117.2 +¢++ �"—' 58 Open Space 5.2 ( ++ 5 C Open Space 5.0 + y 5 Q Open Space 9.4 /6 5 E Open Space 1.8 LLLL�1.LiLli1L'1 5 F Open Space/Park 37,4 r 6 Wildlife Corridor 30.9 ( { 7 Lake 26.5 f TOTAL 972.9 'Z6D _ ' ' 1 1. The acreage fgrtres are an estimated allocation r - for the land uses. 2. Balance of required Open Space is contained within residential figures. The Residential Ptarving Areas include Manufacture-Usable Open Space. Referto Exhibit 9 for Open Space Plan. 3. (C) Shown on Exhibit,refers to oommercial overtay area. The location of the two commercial sites are in /G pwong areas 1 B and 3A. - \ �{! POSSIBLE FIRE STATION LOCATION t s k-\. � `t,+lz�t�t-t.•i� -: L t�L:el - [ `' �'`, i>a ri.� v�L - CK.t� �• GL LL V1 � �1r�S vl �� k 1�7 %f.,. \ 4 C ` ��L l 7; C. Lw.L `L t i`t' [- •`. � �:_LCC{-- W .\ L,t .5A ia,[ t �.�. "L r- SCALE:1"=1155' EXHIBIT 8 �f Open Space/Wildlife Corridors Natural contours and topographic features will be preserved to the greatest extent possible t in the open space areas and for the 31-acre wildlife corridor (Exhibit 9). The wildlife t corridor,which runs east/west,provides potential links to existing Federal Bureau of Land Management land. Where streets cross the wildlife corridor, the project will be designed to utilize such things as drainage culverts to allow for animal crossings. Open space areas to the south near the water tank will have indigenous vegetative cover and fuel break areas. The natural open space areas of Tuscany Hills comprise approximately 170 acres and are found primarily in the southern half of the project. This includes a large 117-acre parcel surrounding the water tank, and a 37-acre open space/park area in Planning Area 5F. The 117-acre open space area will be dedicated to the City. Pursuant to the 1980 Development Agreement, the City has the option whether or not to accept the dedication of the 37-acre site. Additional useable open space/manufactured slopes are found throughout the site, particularly along roadways in the southern half and in the flat areas to the west of the proposed lake. The open space, parks, private recreation areas, lake and wildlife corridor comprise approximately 253 acres. This acreage, plus a minimum of 88 acres of manufactured slopes,will make up the 35 percent open space requirement identified in the Development Agreement of 1980. L L 21 L -...z.,,x:'asS.s.»'s...;..�ai�:4�i�y�... .'e8-�:.1•t�.;.e�r .... ...�.-.r......... .... .. ... .. 1 � r `t 00 OPEN SPACE PLAN LEGEND tiJ7!- = ' NATURAL/ENHANCED OPEN SPACE USABLE OPEN SPACE/ MANUFACTURED SLOPES ' 'INCLUDES SCHOOL SITE,PARK,LAKE, MANUFACTURED SLOPE AREAS ADJACENT TO MAJOR ARTERIALS. 71 ',`v^lr'l''•v� � �,7`-'v 3; '� l�s�1 ��y3;a'1t;a'�+�Yk�`�t�a'r.�-_ •r d% 1 v � Jam,; 7,72.�-,,,r �t� i}l;' ® ' sY-.3 i�ti li '?"; °l�y�'� �"` •^ 11� e} 1 7 �-.r� s � J j��' y �. 7 1� �"l;li .�"t::'�� -.7. "'1ti ��-� •',2 �. -. .Yj ; ,,♦ r 1 y J•' r •1"-1_a?r j''i 3-y� 7rr�� ,�,`li.i� � �. %.] ✓r'��..,,♦a. .,��a SCALE:1"=1155' EXHIBIT 9 t L '2.. If•w/:•aM r�lw4 UDY]!I - llv�v e.t..•O.uow•+e.a.i. 1 V. CIRCULATION PLAN The areawide circulation system serving Tuscany Hills is illustrated on Exhibit 2. Regional access to Tuscany Hills is from Interstate 15 to the west of the site, or from State Route 71 west of the site via State Route 74. Southerly access will be from Railroad Canyon Road. Northerly access will be via Greenwald Avenue, which also provides access to the Canyon Lake development. The road network within Tuscany Hills is characterized by a secondary arterial backbone core supported by local collectors serving and/or separating each planning area(Exhibit 10). Residential streets are relatively equally divided between single and double-loaded streets. The backbone circulation system consists of a major secondary arterial highway (88' of right-of-way) serving the property from the south and extending to Greenwald Street on the north. The collector street system extends from the major arterial, connecting the local streets which provide direct access to the individual lots. Collector streets as designated on Exhibit 10 will have a 66' right-of-way. All streets within Tuscan Hills will be dedicated y to the City of Lake Elsinore. Those local streets which are accessed by dwelling units on only one side, typically designated single- loaded streets,will be constructed with a 40-foot right-of-way, including a concrete curb and a gutter and sidewalk on the dwelling unit side and a curb on the opposite side of the street. Typical double-loaded local streets will be constructed with a 50-foot right-of-way, including a concrete curb and gutter and sidewalk on both sides of the street. Typical street sections are illustrated on Exhibits 11 and 12. L L L L 23 it*o.'�im x ` r�:u:or.'a CIRCULATION PLAN LA STRADA LEGEND Q} 8 8' SECONDARY HiamAY v\s� •••••.•• W COLLECTOR STREET L Y * ALL INTERIOR STREETS SHALL BE SINGLE LOADED STREETS OR GENERAL LOCAL N� STREETS. (SEE EXHIBIT 12) �2 VIA De k-l\VALLE L 1 � I i L SCALE:11=1155' EXHIBIT 10 L urrsa fm classociatc�g :, J li Y N NJ .. x i N � o lil Z 4r > N �y IL w a Lu w = <V W CN p cV Cl) } go cr- a N w o w o _ (1) �_ • N a 'w O VIA 0 W � N 1 V1 � cV fef , W f ry �'��,�:Q;C:T?G:'<4.'L<:t�!�C4�+�%•1'•TWY�.>k{:+N•:{,N,.:. SECTIONS � ::z• STREETS Or R Ii [-/ 40` 4' 14' 14' g. 5' 3, r A.C.PAVEMENT Z� 1.59D 1.s% � 2,r SINGLE LOADED STREET ww ww 50' r 18' 18, r 71 5' r x 2; A.C.PAVEMENF� Z� GENERAL LOCAL STREET EXHIBfT 12 Lunsakef ssociate� alb~�11)W�Jump r I VI. UTILITIES Water Service The Elsinore Valle Municipal Water District EVMWD provides water to Tuscan Hills. Y P (EVMWD) Y EVMWD obtains a portion of its water supply from the Western Municipal Water District. The remaining water supply is received from ten active wells. Future purchased treated water supplies are planned to be obtained from the Eastern Municipal Water District (EMWD). It currently has no existing mains into the Tuscany Hills area, but has service mains presently providing domestic water to the community of Canyon Lake. The source of water supply to Tuscany Hills will be via a EVMWD system. A proposed booster pumping station, located in the southeast area of the site,will take suction from the existing 33" main near the District's treatment plant, west of Canyon Lake Dam, and will pump water from EVMWD's system into the development. The plant uses a standard sand filtration system with a 1.3 million gallon wet well. The plant capacity of 15 million gallons per day is sufficient to serve any future development within the Lake Elsinore area. In addition, EVMWD owns the rights to 3,000 acre-feet (477 mg) of the storage capacity in Railroad Canyon Reservoir. The Temescal Water Company operates the reservoir and } owns the rights to the watershed run-off. Reservoir evaporation and seepage losses are i shared proportionately by the Temescal Water Company and the EVMWD. The major imported water supply to the area comes from.the Colorado River and is stored in Canyon Lake. Although natural runoff has some adverse influence, the quality of water in the lake is very similar to Colorado River water. The EVMWD is the only purveyor of imported water in the study area. V The EVMWD provides standards for water service in the Lake Elsinore area. The average daily demand by land use is shown below in Table 4. The total water service demand for the project is summarized in Table 5. TABLE 4 Water Usage by Land Use* Use Average Daily Demand Single Family Residential 500 gal./unit Commercial/Residential Mix 120 gal./1,000 sq. ft. Schools/Parks 4,000 gal./acre 60 gal./student *Source: Elsinore Valley Municipal Water District L 'Elsinore Valley MWD Water/Wastewater Master Plan 27 f� 1 TABLE 5 Estimated Water Demand r Dwelling Popu- Avg.Daily Max.Daily Land Use Acreage Units lation Demand Demand' Single Family Residential 7132 - 2,000 5,000 1.0 2.0 Park/Recreation Areas 57 -0- -0- .19 .38 School 11 -0- -0- .044 .88 Totals 1.63 3.26 Exhibit 13 illustrates the water distribution system for Tuscany Hills. Phased development of the system is anticipated to follow the four primary phases of construction associated with the backbone circulation improvements. Construction of all water storage requirement facilities in the southwestern portion of the site will also be included in the first phase of infrastructure improvements. The system consists of construction of 18"water mains from the tank to Summerhill Road and along the primary arterial to Via de La Valle. An 18" main will continue along Via de La Valle to the east. A 16"main will be installed along the remainder of Summerhill Road. The remaining collector streets will have 12" and 8" water mains installed as indicated by Exhibit 13. Wastewater Tuscan Hills receives wastewater services from the Elsinore Valle Municipal Water Y Y P District (EVMWD). The EVMWD study area is divided into three major wastewater- service areas depending on natural topography and the location of existing treatment L facilities. Tuscany Hills is located within the Lake Elsinore Basin Wastewater Service area. This basin includes all ares which naturally drain into Lake Elsinore, plus those areas north of the lake which are tributary to the Elsinore Valley Regional Wastewater Treatment Plant. Major tributary areas within this basin include: Bundy Canyon, Railroad Canyon, Wasson Canyon, Warm Springs Canyon, and Lake Elsinore. The District operates the sewage treatment facility located three-quarters of a mile southeast of Canyon Lake Dam, to the southeast of Tuscany Hills. This facility, which currently has 10 sewage pump stations, has been programmed for expansion. Current sewage treated at this facility by the activated sludge, secondary level process (with double chlorination) amounts to approximately 130,000 gallons per day. One hundred percent of this treated effluent plus an additional 65,000 gallons per day of domestic water is sold to the adjacent Canyon Lake golf course for irrigation purposes. A 21 gravity sewer main from Canyon Lake,the Railroad Canyon Wastewater Reclamation Plant, and a 10" force main to reclaimed water use area, are'the existing facilities adjacent to Tuscany Hills. These facilities serve the Canyon Lake community. A 24" gravity sewer main in Lakeshore Drive will be used to convey flow from Tuscany Hills. This facility will be upgraded to a 42" line and will convey flow to the Elsinore Valley Regional Wastewater LReclamation Plant. L 'Maximum daily water demand is two times the average daily demand (MDD = ADD x 2). 22.5 persons/dwelling unit. 28 L_ _ 1 2, iY\ :t':v:.Y�[:,.:5:}.A• �:•itiC::f!OtCfi.C:C•?v:;• 16M s C 12` WATER PLAN _ 8' 160 12' 8. 120 16' 1 8' WATER TANKS • • 18' 120 L SCALE:1"=1155' EXHIBIT 13 unsakeY' sso�,tiate� :oa Si�w HgYw n.�UfTl1 Of/l h�fr•Ownb•is LWte (1iV woof 1 The estimated sewage generated from the proposed project is determined according to the Elsinore Valley Municipal Water District criteria. The amount generated assumes an average daily flow of 100 gallons per person per day with an average population factor of 2.5 person/dwelling unit. Total average daily flow for the Tuscany Hills Specific Plan is summarized in Table 6. The criteria further assumes a peaking factor of 2.90 based on current EVMWD data. Peak daily flow is determined by multiplying the average daily flow by the peaking factor. TABLE 6 Estimated Sewage Generation Average Dwelling Daily Flow Land Use Acreaee Units Population MGD Single Family 713 2,000 5,000 .50 School 11 -0- -0- .01 Total 2,000 5,000 .51 The existing EVMWD treatment plant, located approximately five miles northwest, is proposed to be expanded to a capaciti- of 3.0 million gallons per day by 1990. Ultimately, the capacity of this plant will be 5.0 million gallons per day. A new treatment plant is proposed in the EVMWD Master Plan, to be located west of the project site. The sizing and construction of all sewer facilities has been, and will continue to be, coordinated through the Elsinore Valley Municipal Water District, who ultimately has the — responsibility of owning and operating the system. Any oversizing of facilities to accommodate adjacent and other proposed land development will be done according to EVMWD standards. It is expected that the additional expense for oversizing facilities will be reimbursed to the project developer according to a standard system controlled by EVMWD. Phasing of the construction of all facilities will be accomplished in accordance to the overall land development Phasing Plan (Section XII). The proposed sewage disposition system is shown on Exhibit 14. The system consists primarily of 8" sewer lines along the major arterials and collector streets. Force mains will be required along portions of Summerhill Road as indicated. A 21" line is required along L Summerhill Drive to the east to serve the estate development in the higher terrain and from the lift station north to Greenwald. j Drainage Facilities L The design of the storm drain system has considered the runoff anticipated to be generated by the proposed densities within Tuscany Hills. Specific drainage systems will be designed as each planning area develops. Drainage systems will comply with adopted City standards. The proposed drainage system utilizes natural drainage channels to the greatest extent possible, although improvements will be necessary to accommodate expected flows from new development. The proposed drainage facilities are delineated in Exhibit 15. Solid Waste Disposal Residential solid waste produced in the Lake Elsinore area is currently disposed of in the Double Butte landfill site located at 31710 Grand Avenue, Winchester. The site was opened in 1973 and is owned by the County of Riverside and.operated by the Riverside County Waste Management Waste Disposal Division. The City and County are reviewing the potential for expansion of the present site for commercial and/or alternative facilities. 30 8 TO CANYON LAKE SEWER SYSTEM MM uo= �oc•.:� .�IcSA'fr:�:.6R•w�r:.• .Gr%49„` ;4?�` 21, F.M. F. LIFT STATION SEWER PLAN 86 SEWER MAIN (GRAVITY FLOW) FORCE MAIN(F.M.) (PUMPED) 8` F.M. j 21J 21' TO OFF SITE REGIONAL PLANT CALE_1"=1155' EXHIBIT 14 �— unsalyd' ; �spc7ates — � n,..errr n.e.c usnir of/cw awwr.ow...a•sa awrr ()!1)W111r .....::.tt.wie�35Y- �:.G:�:.0. .... • - '. f 6" :. c 36" e m l M T 2 4" 30, 3 l_ STORM DRAIN 30" 36" 60 FACILI'ITY PLAN 39" WITHIN ASSESSMENT DISTRICT ROADS -- 36 1" 8" YO" 24" 42" 8" 33" L 30" L 18" 8 L SCALE:1"=1155' EXHIBrr 15 rrtisaker ssociat,�,r VIE[. PUBLIC FACIIMES Police Protection r The Riverside County Sheriff's Department will provide protection to the project area from 1 an existing substation located at 117 South Langstaff in Lake Elsinore. This station is located approximately 10 miles from Tuscany Hills with an average response time of less than 10 minutes. Fire Protection Tuscany Hills is served by the Riverside County Fire Department, under a contract with the City of Lake Elsinore, on an "on-call" basis from the Elsinore Fire Station located at 410 West Graham with response time of 10-12 minutes. A possible fire station location can be accommodated in Tuscany Hills and is shown on the southwest corner of the Land Use Plan (Exhibit 8). Schools An 11-acre elementary school site and an adjacent 5-acre park have been provided in the central portion of the site along Summerhill Drive. An Agreement to dedicate a school site to the Lake Elsinore Unified School District has been reached. There is also an existing [ agreement for impact mitigation between the property owner and the Lake Elsinore Unified }i School District covering the high school(see Technical Appendix). These agreements were reached with the Lake Elsinore Unified School District and the Elsinore Union High School District. Additionally, the property owner and the School District are jointly pursuing an expedited program for the construction of an elementary school on the to-be-dedicated site. The School District has requested the pursuit of a joint school/park site and agreement. Estimated student generation from the project is summarized below. TABLE 7 j Estimated Student Generation iL Dwelling Student Generation Land Use Units K-6' 7-122 Total LSingle Family Residential 2,000 1,166 400 1,566 1 .583 students/dwelling unit 2 .2 students/dwelling unit L L L 33 L f Parks and Recreation There are a variety of public, quasi-public and private recreational facilities in the Lake Elsinore area. Lake Elsinore.is a State Recreational Area, and Lake Elsinore State Park is located on the northwest"shore of the lake. There are several privately managed campgrounds along the lake's shore. No recreational facilities are maintained by the City of Lake Elsinore within two miles of the project site. Yarborough Park, approximately two miles east of the project site, is the closest recreational facility. Yarborough Park is located in the downtown area of the City of Lake Elsinore. The County maintains two parks in the region. Kabian Park, located on Goetz Road in Perris, at the extreme northern end of Canyon Lake, offers public trails through natural open space and scenic resources. The Park comprises approximately 640 acres. Lake Skinner County Park offers picnicking,fishing,and water-oriented recreation within its 6,000 acres. The Development Agreement of 1980 includes a 35 percent open space requirement. Parks, private recreation areas, open space, the wildlife corridor, and lake area comprise approximately 253 acres. This acreage, plus approximately 88 acres of manufactured slopes make up the 35 percent open space requirement. Three park sites are provided, for total of 46 acres. One park site, in conjunction with the elementary school site along La Strada and Summerhill Drive contains 11 acres for the schoolsite and 5.3 acres for the public park site. Another is a 35-acre park at the extreme southeastern corner of the study area, across the San Jacinto River. The third park, approximately 3.2 acres, is adjacent to the proposed Lake along Summerhill Drive in the northern half of the site. The precise program for this park site will be approved by the City's Community Services Director. L . L 34 VE 1. DEVELOPMENT STANDARDS Introduction This chapter establishes zoning and land use development standards for each of the land uses planned for the Tuscany Hills Specific Plan. Exhibit 8, Land Use Plan, depicts zoning for the entire Tuscany Hills Specific Plan. Zoning districts include the following: i o R-SF - Single-family residential zone i o C-1 - Neighborhood commercial zone o OS/R -Open space/recreation zone The permitted uses, development regulations, and design standards of the designated zone shall apply to the appropriate project planning area, as shown on Exhibit 8. This Chapter of the Tuscany Hills Specific Plan contains zoning for the entire project area which will be adopted by ordinance. When provisions contained here conflict with the City of Lake Elsinore Zoning Ordinance, these development standards shall supersede. ! In addition to the Tuscany Hills Specific Plan development standards, this Specific Plan sets forth design guidelines. The design guidelines comprise Chapter IX of this text. They specify criteria for such items as landscaping, site planning, architecture, grading, signage, etc. It is the purpose of those guidelines to augment the development standards for Tuscany Hills. Regulations For and Uses Permitted in All Zones A. Notwithstanding any other provisions of this ordinance, the following general uses may be permitted in any zone classification in Tuscany Hills provided that a use permit is granted pursuant to the provisions of the Lake Elsinore Zoning Ordinance. 1. Educational institutions 2. Churches, temples and other places of religious worship 3. Government uses 4 Any hospital or other facility that is licensed by the California Department of Public Health, or by the California Department of Mental Hygiene, not including a family care foster home or group home that services six or fewer persons 5. Any home or other facility for the aged or for children that is licensed by the California Department of Social Welfare or by the Riverside County Department of Public Welfare, not including a home or facility that serves six or fewer children or aged persons 6. Public utilities B. In addition to the aforementioned uses requiring a use permit, the following uses may be permitted in any zone classification. No permits other than a building permit are required. L 1. Public parks and public playgrounds, lakes, recreation or open green space, athletic playing fields, riding trails, hiking and bicycle trails and related facilities 2. Accessory buildings,structures and uses related and incidental to a permitted use 3. Fire and police stations (T 35 L r 4. Public and quasi-public facilities 5. One single family detached residential unit per legal lot,regardless of lot size r6. Electrical, gas, cable TV, and telephone distribution and service facilities C. General provisions, site planning guidelines, and architectural and landscaping standards shall apply to all zone contained herein unless otherwise noted. D. The City of Lake Elsinore Zoning Ordinance (hereinafter referred to as "zoning ordinance") in effect at the time of adoption of the Tuscany Hills Specific Plan shall apply to all zones unless otherwise noted herein. Single Family Residential Zone A. Purpose and Intent The R-SF Zone is intended to accommodate residential projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. B. Permitted Uses Uses permitted in the R-SF Zone shall include those uses listed below when developed in compliance with the purpose and intent of this Chapter. 1. Single-family detached dwelling units; one dwelling unit per lot. 2. Accessory uses and structures pursuant to "Accessory Uses and Structures," below. 3. Temporary uses and structures pursuant to"Temporary Uses and Structures," below. 4. Small family day care and residential care facilities pursuant to Chapter 17.16 of the Zoning Ordinance. 5. Utility distribution and transmission facilities, including private radio, _ television, and paging antenna and towers. [ 6. Government buildings and service facilities. L 7. Public parks, playgrounds, community centers, recreation buildings, and public schools. 8. Manufactured houses in compliance with the provisions of Chapter 17.14 of the Zoning Ordinance. L { 36 L C. Uses Subject to a Conditional Use Permit It is recognized that certain uses while similar in characteristics to the above permitted uses may have the potential to impact surrounding properties and therefore require additional approval and consideration. Uses permitted subject to approval of a use permit, pursuant to Chapter 17.74 of the Zoning Ordinance, in the R-SF Zone shall be as follows: 1. Large family day care homes in compliance with the provisions of Chapter 17.16 of the Zoning Ordinance. 2. Second units in compliance with the provisions of Chapter 17.17 of the Zoning Ordinance. 3. Keeping of exotic animals or birds, or more than three(3) dogs and/or cats, on the same lot as a permitted dwelling for pets only and not for commercial purposes. The Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. 4. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for commercial purposes. D. Accessory Uses and Structures Permitted The following accessory structures and uses customarily incidental to any of the above uses shall be permitted in the R-SF Zone: 1. Arbors, trellises, gazebos and similar shade structures of open construction 2. Fences and walls 3. Garages 4. Patio covers 5. Swimming pools and spas 6. Home occupations (in accordance with Section 17.15 of the Lake Elsinore Municipal Code) 7. Tennis and racquet courts 8. Pedestrian and bicycle trails E. Temporary Uses Permitted The following temporary (no more than two years) uses are permitted in the R-SF - Zone, subject to the approval of the Community Development Director: 1. Temporary construction facility during construction, including trailers. L 2. Temporary real estate office and model homes located within a subdivision (see Exhibit 16). 3. Real estate signs, flags, future development signs, and directory signs in L conformance with Development Standards contained herein(see Exhibits 17 and 18). L 37 i i'i:: •::. :: II4 Y i1.: ilil' i i ]ii i iii, ii � � ► 1 i W N ::'::: • :..,: ,, il.: l 1 iii *- 1 1 i i:iii �:ii ,,. ►!!t!Lii!t!!!t:+!!, !!!! si`!: �! if {� ��I •.c. 71 ,! 31 11 k dq W r ii11i iii Il 111 i l�i I�►1;I11i�1� i iill ifdI ;;► ; ; ,,i i l�r : l ` { , i, W is i j �� l{ l I 1, ' If �� ►i {' ,�.F.��`, q� ,11��i11 illl �l 1,1 �►l�,rls„1lsl►�u�yll�il flll �� li,ll, � 1, i, i, i,iL �!• Z U C; �Eif �I z LU r '. r • r,•.. TUd + J L � .1 /iii_ 1 . •?'�I�/ - • ''i�f, f ram. j -... SIGNAGE PROGRAM NOTE: REFER TO EXHIBIT 18 FOR LEGEND - = :-..v .1 _�• ' "=•F=--{=.tip �.•.:� ' �®•e ILL IFYY �,��r,,,,.•. `.`•�.. — — ` NOT TO SCALE EXHIBIT 17 TUSCANY HILLS ` �' SIGNAGE IDENTIFICATION 11 1 l I {f I TYPICAL FLAG 1 f�a'A/1'iV 1 POSTS 'SILLS I Rom 0 0 OtUT-01MO( SiOEfWLN r,e•. TYPICAL FUTURE USE SIGN of iBr __tt u L M]L L S TOP YCn L L TYPICAL LADDER SIGN [ VALTELENA LHomestead Land Dev.Corp. sua. TYPICAL ENTRY MONUMENT NOT TO SCALE ,.Th.ac.mm a,+...qw.f.sanCwhe4.a.P.c+.a hewn.R.fen m m.Ed.b.9,bc.ebrt �.AOwael.eNmf.rc..wbPrtn roe or Glv.e.w.m.nta ery EXHIBIT 18 S Thh uuaf.w wrv.n a.. yp uoe.f.lw Tra.,ry"41i r F. Development Standards The following development standards shall apply in the R-SF Zone: 1. Minimum lot area: The minimum lot area in the R-SF Zone shall be 4,000 square feet. The average lot area for the Tuscany Hills Specific Plan area shall be 5,500 square feet. 2. Minimum street froontaie: The minimum street frontage in the R-SF Zone shall be 50 feet, measured 35 feet from the sidewalk. Lots fronting on cul- de-sacs and pie-shaped lots shall have a minimum street frontage of 30 feet. 3. Maximum lot coverage: The maximum lot coverage in the R-SF Zone shall be 60 percent. 4. Minimum dwelling unit size: The minimum dwelling unit size within the R-SF Zone shall be 1,000 square feet exclusive of garage area,provided that at least 20% of the total number of units within any phase shall exceed the minimum square footage by 15%. 5. Maximum building height: The maximum building height in the R-SF Zone shall be 35 feet, exclusive of chimneys and other appurtenances where the maximum height is 37 feet. 6. Minimum setbacks: The following setbacks shall apply in the R-SF Zone (see Exhibit 19): a. Front yard: 10 feet for main dwelling unit b. Rear yard: 10 feet for main dwelling unit; 5 feet for accessory structures C. Side yard: A cumulative total of 10 feet for both sideyards of main dwelling unit; 5 feet for accessory structures Ld. Garage placement: The point of vehicular entry to a garage of carport shall be a distance of 5 feet or less, L or 20 feet or more from the back of the sidewalk. Automatic garage door openers are required for garages set back less than 20 feet to the point of vehicular entry (Exhibit 20). e. Intrusions into setbacks: Minor intrusions into setbacks will be allowed for fireplaces, chimneys, eaves, balconies, soundproofed pool equipment facilities and other appurtenances as may be approved by L the Community Development Director or his designee. 7. Parkin : The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the required parking for development in the R-SF Zone. , 41 L I i 1 / r RESIDENTIAL STRUCTURAL .:.. SETBACKS ` r 10' 1031 ':' ti ::;:': i Lu OF t oLuc 500 cn r LOT A LOT B L 10' 10' L STREET LNOT TO SCALE 0 MINIMUM SETBACK FROM STREET & REAR PROPERTY LINE TO MAIN DWELLING UNIT Ica >:»»> DENOTES INTERIOR SIDE PROPERTY LINES m� 7wNry4s 7Mwe,c 9I719 ( V WIN* EXHIBIT 19 P/L r P/L _ P/L 1 a I I 50 ALI, F 50 7 3# t L 2 OF 4R GREA TER 5' Zi I SIDE ALfC — NOT TO SCALE GARAGE PLACEMENT To allow for varied setback, the point of vehicular entry to a garage Lshall be a distance of five feet (5') or less, or twenty feet (20') or more from the back of the sidewalk. Automatic garage door openers are required for garages set back less than ten twenty feet .(20') to the point of vehicular entry. aeo�rpat� T....M..... • 1nMrc fJ}T7,. EXHIB 20 IT ,,.�,S—SW s�.k.� r 8. Sims: The provisions of Section 9, Design Guidelines, shall be used to determine permitted permanent signs in the R-SF Zone. Temporary signage as permitted above shall consist of the following: - Flags-Flags will be used along the major project entry, Summerhill Road, to attract visitors to the community. - Future Use Signs - This sign, also of a temporary nature, notifies potential buyers of future community facilities and developments. These signs will be removed upon the completion of the facility or i developments. [ - Ladder Signs - These signs will be located at major intersections within the project to assist buyers in locating model complexes. These signs are also temporary and will be removed upon 'sellout of the complex. - Entry Monument Signs-These signs will be located at major project entries. These signs are permanent. Exhibit 21 illustrates identification signs, flags, and directional signs. These signs are temporary in nature and are typically removed when the models themselves are sold. Permanent signs will be pursuant to the design guidelines. 9. Minor Design review: Prior to the issuance g of building permits,development for residential or commercial uses shall submit applications for design review. Said applications shall be approved administratively by the Community Development Director or its designee. Design review shall be completed within 30 days of submission with a determination that the project is approved,conditionally approved,or denied.The following exemptions shall apply: a. Additions or alterations to an existing structure which do not change the use from one permitted in the residential categories and which does not increase the floor area by more than 50%. b. Accessory structures other than garages,enclosed patios,workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they are located no closer to a property line than the setback prescribed for the main dwelling unit, except that straight-in entry garages may be required a greater setback. LC. Fences and walls: Although fences and walls do not need formal Design Review approval,their proposed location and design must be approved by the Community Development Director prior to construction or installation. 10. Design standards: Chapter 17.14 of the Zoning Ordinance contains 1 residential development standards applicable to all projects within the city Lregardless of zoning district. It is therefore important that the provisions of Chapter 17.14 of the Zoning Ordinance be considered together with the regulations contained herein for the R-SF Zone. Where the standards 43 A L 1 contained in the R-SF Zone are different from those contained in Chapter 17.14, the R-SF Zone standards contained herein shall prevail. 1 t I_ 44 L G / 3' 31/2' • p . Sn z �ct N 08 m*? iul o 3. 3'31/2' i L, E s : 20• _ r - -s �: � z - 1 • 7 11. Other: a. A maximum cul de sac length of 1,000 feet shall be allowed in the R-SF Zone. b. Automatic garage door openers will be required on all garages with setbacks less than 20 feet. C. Mail boxes on the street will be placed at the property line or as required by the post office. d. All driveways must be concrete;use of asphalt may be requested for review and approval of the Community Development Director. e. Site development permit applications shall include: plot plans, elevations and preliminary landscape plans. The site development permit application shall be submitted in the form and number as required by the Community Development Director or designee. All site development permit applications shall be reviewed by the Planning Commission. f. Alternative development standards,other than those specified for the R-SF Zone, may be requested if the developer can show how the project will better serve the public interest. Neighborhood Commercial Zone LA. Purpose and Intent The C-1 Zone is primarily intended to accommodate a shopping area that provides convenience goods and services for the residential neighborhoods. Because of the limited size of this area and its proximity to residential neighborhoods, strict development standards have been designed to minimize possible conflicts with adjacent residential uses. Neighborhood commercial developments must be carefully L monitored to ensure continual compatibility between residential and commercial developments. Only two areas of the Tuscany Hills Specific Plan Land Use Plan allow commercial development. Although designated for single family residential development and recreational park, these two areas also allow for commercial development as specified below. LB. Permitted Uses Uses permitted in the C-1 Zone shall include those uses listed below when developed in compliance with the purpose and intent of this Chapter. Each use shall be L evaluated in terms of its design characteristics and specific site location pursuant to the provisions of Chapter 17.82, Design Review, of the Zoning Ordinance. L1. Retailing of consumer convenience goods and services: Antique shops Appliance stores, household Art supply shops and studios Automobile parts and supply stores Bakeries 46 Ii I r 1 Banks and financial institutions Barber shops and beauty salons Bath shops Bicycle shops Book stores CIothing stores Confectioneries or candy stores Drug stores Dry cleaning establishments and laundry agencies and self-service dry cleaning and laundry establishments Florists Food markets, supermarkets and grocery stores Gift shops Garden supply shops Hardware stores Hobby shops Health and fitness centers and clubs Ice cream shops and frozen yogurt shops Instant printing and duplication service provided there is no pick-up and delivery service Jewelry stores Laundries and laundromats Leather goods stores Liquor stores Locksmith shops Music stores News stores Notions and novelty stores Nurseries, horticultural and garden supply stores Pet shops and pet supply shops L Photographic shops, studios and photo engraving Produce markets Shoe stores and repair shops Stationery stores and card shops Tailor shops Travel agencies Watch repair shops 2. All land uses permitted in the single family residential zone shall be permitted in the C-1 Zone. L3. Any other use which the Community Development Director may find to be similar in character to the uses,including accessory uses, enumerated in this section and consistent with the purpose and intent of the C-1 Zone. - C. Uses Subject to a Conditional Use Permit It is recognized that certain uses, while similar in characteristics to the above- permitted uses, may have the potential to impact surrounding properties and, therefore, require additional approval and consideration. LUses permitted subject to approval of a use permit, pursuant to Chapter 17.44 of the Zoning Ordinance, in the C-1 Zone shall be as follows: L { 47 L 1. Bars and cocktail lounges, including live entertainment 2. Car washes. 3. Delicatessens 4. Fast food restaurants including drive-ins and drive-throughs 5. Gasoline service stations 6. Restaurants, including live entertainment D. Accessory Uses and Structures Permitted Uses customarily incidental to the above uses and accessory buildings,when located on the same lot, including a storage garage for exclusive use of the patrons of the above stores and businesses. Open storage of any goods or materials is NOT permitted. E. Temporary Uses Permitted The following temporary uses (no more than two years) are permitted int the C-1 Zone subject to the approval of the Community Development Director: 1. Christmas tree and pumpkin sales. 2. Temporary construction facility during construction. 3. Temporary real estate offices. 4. Model homes located within a subdivision to be used only for and during the original sale of the subdivision. 5. Outdoor sales and exhibits 6. Special advertisements--flags, banners, balloons, hot air balloons 7. Real estate signs, flags, future development signs, and directory signs in conformance with Development Standards contained herein see Exhibits 17 and 18). F. Development Standards The following development standards shall apply in the C-1 Zone: 1. Site criteria: There shall be no minimum lot size required for a parcel in the C-1 Zone. However, in establishing and maintaining locations or approving uses for the C-1 Zone it shall be demonstrated that the property is capable of compliance with the following criteria: a. The site can support safe and efficient on-site circulation and has Lconvenient access to surface streets with adequate capacity. b. There is sufficient parcel size to ensure adequate buffering and screening where needed to protect residential developments. - C. The site is physically suitable for the proposed type and density of development and capable of permitting full compliance with the City's development standards and practices. 2. Floor area ratio: The maximum floor area ratio in the C-1 Zone shall be L .50. 3. Maximum building height: The maximum building height in the C-1 Zone shall be 35 feet. L 48 L 4. Minimum setbacks: The following setbacks shall apply in the C-1 Zone: a. Ten (10) foot minimum setback from a property line abutting the street. b. Twenty (20) foot minimum setback from a property line abutting residential and open space/recreation zones. C. No minimum setback from a property line abutting a commercial zone. 5. Parkins: The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the parking for development in the C-1 Zone. 6. Signs: The provisions of the Section 9, Design Guidelines, shall be used to determine permitted signs in the C-1 Zone. Temporary signage,as permitted above, shall comply with the signage program identified previously for the R-SF zone. 7. DesiEm review: No building permits shall be issued for the construction of any building or structure in the C-1 Zone until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17.82 of the Zoning Ordinance. 8. Landscaping: All areas not utilized for structures, parking, or other permitted uses shall be landscaped. In addition, the following minimum standards shall apply: a. Adjacent to streets -A continuous area, a minimum of ten (10) feet in depth, shall be landscaped and maintained between parking area and the public right-of-way. Parking areas should be screened as much as possible utilizing berms. b. Buffer landscaping-A continuous landscape buffer,with a minimum of fifteen (15) feet in depth shall be maintained adjacent to interior property lines which abut residential development. In addition, a minimum six (6) foot decorative block wall shall be provided. C. General - All building sites shall have a minimum landscaped coverage equivalent to ten (10) percent of the total lot area. Such landscaping shall be automatically irrigated and shall be evenly distributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for setbacks or buffers. A reduction in coverage may be sought and approved during the Design Review process in recognition of quality design. For the purpose of this provision, quality iconsiderations include the use of courtyards, atriums,creative use of C- ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the landscape proposal. L9. Design standards: Chapter 17.38 of the Zoning Ordinance contains non- residential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of 49 L �d '` �+%�"✓y,.v. ,w. -,`�'„ �avw,-,...S+LF.vk.9� ..x_....'l�",eaf: - �3 Chapter 17.38 of the Zoning Ordinance be considered together with the regulations contained herein for the C-1 Zone. 10. Other: a. All roof-mounted mechanical equipment,satellite dishes,tanks,ducts, elevator enclosures, cooling towers, or mechanical ventilators shall be screened from the ground elevation view by architectural elements such as parapets,etc.,to a minimum sight distance from immediately radjacent fronting streets. I b. Site development permit applications shall include: plot plans, elevations and preliminary landscape plans. The site development permit application shall be submitted in the form and number as required by the Community Development Director. All site development permit applications shall be reviewed by the Planning Commission. c. Alternative development standards to those specified for the C-1 Zone may be requested if the developer can show how the project will better serve the public interest. Open Space/Recreation Zone A. Purpose And Intent The intent of the Open Space/Recreation Zone is to reserve land for park, school, -- and recreation uses; and to secure natural open space as a permanent public .. resource, in order to protect the public health, safety, and welfare and preserve environmental and scenic resources. Land placed in the Open Space/Recreation Zone shall include land under public or private ownership as follows: 1. Parks, picnic grounds, and playgrounds, including neighborhood and community parks 2. Game courts, including tennis, racquetball, and basketball 3. Athletic fields L4. Parking lots 5. Primary and secondary schools, both public and private 6. Drainage or flood control channels, creeks, rivers, lakes and floodplains, including riparian habitat areas L7. Land which would endanger the health, safety, and public welfare of the residents, to include: a. Areas where terrain is too steep to build upon or where grading of the land may endanger public health and safety due to erosion by flooding 50 i 1 b. Areas subject to flooding or inundation from storm water C. Geologically unstable areas d. Greenbelt areas which are formed by land development by preserving the land as a natural area 8. Areas of cultural or historical value of significance 9. Areas of outstanding natural, biological, or scenic value or significance B. Permitted Uses Those uses associated with 1-9 above. No building or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes: 1. Drainage channels, � spreading bridges or crossings, watercourses s readingrounds, g g settling basins, freeways, parkways, public streets, park drives, utility access roads, hiking/riding trails, and fire lanes 2. Privately owned or public recreational areas, parks, picnic grounds, playgrounds, wildlife preserve, and such buildings and structures as are related thereto 3. Game courts, including tennis, racquetball, and basketball courts 4. Athletic fields 5. Parking lots 6. Equestrian facilities, including trails, riding stables, showgrounds and competition facilities 7. Primary and secondary schools, both public and private 8. Public and private utility facilities, such as pump stations, transmission towers, water reservoirs, substations, and similar structures L9. Wildlife or wilderness preserves 10. Mining operations in accordance with plan L 11. Similar uses to those listed in this section, which in the opinion of the Planning Commission, would not be detrimental or incompatible with the intent and purpose of this Zone, as set forth herein. L L 51 L : ;I4��r}�Sa4.Nilla4�:.c�d'v."�3ii��iYS°�(+f a.:1:s.'�._av� i..._.'AL�y�--:, ... ..x... t .. • .. • 1 y • a . u C. Uses Prohibited in the Open Space/Recreation Zone 1. Residential uses 2. Commercial uses,other than those incidental to recreational uses permitted above 3. Industrial uses D. Development Standards The following development standards shall apply in the Open Space/Recreation Zone: 1. Minimum lot area: There is no minimum lot size requirement. 2. Minimum street frontage: There is no minimum street frontage width, provided that each lot or parcel containing a school building or structure shall have a width of not less than sixty (60) feet at the building setback line. 3. Maximum lot coverage: No structure shall be permitted except accessory buildings or those structures related to public park and recreational facilities or utilities. In no case shall buildings or structures exceed thirty(30)percent of the total area in use, except for schools and associated buildings. 4. Maximum building height: No building shall exceed thirty-five (35) feet in height or more than one-story, except for public and private school buildings and structures which shall not exceed fifty(50) feet in height or four stories. 5. Minimum setbacks: There are no yard requirements for buildings which do not exceed thirty-five (35) feet in height. Any portion of a building which exceeds thirty-five (35) feet in height shall be setback from the front, rear and side lot lines not less than two (2) feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from the master plan roadway right-of-way line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as L required for a front setback. Each side setback shall be measured from the side lot line, or from a master plan roadway right-of-way line. 6. Pam: The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the parking for development in the Open Space/Recreation Zone. 7. MechanicalMechanical equipment: All roof-mounted mechanical equipment, satellite dishes, tanks, ducts, elevator enclosures, cooling towers, or mechanical ventilators shall be screened from the ground elevation view by architectural L elements such as parapets, etc., to a minimum sight distance from immediately adjacent fronting streets. 52 8. Design review: All structures, parking facilities, or storage lots and grading operations within the Open Space/Recreation Zone shall be subject to Planning Commission approval, and shall comply with all provisions of Chapter 15.64, Flood Hazard Areas, and Chapter 15.68, Floodplain Management, of the Zoning Ordinance. 9. Other: No mechanical equipment, duct, elevator enclosure, cooling tower, or mechanical ventilator shall be erected,constructed,maintained or altered anywhere on the premises unless all such equipment and appurtenances are screened from public view by landscaping,walls,fences,and/or architectural structures. All fences,walls, and structures shall be of similar architectural elements, which are specifically permitted. t t L L L 53 IX. DESIGN GUIDELINES General Guidelines, Purpose and Theme In the planning of Tuscany Hills, careful thought has been given to the integration of structural and aesthetic elements of'an active community. To ensure that the Specific Plan is implemented in a manner that will bring Tuscany Hills a sense of its own character, a central theme has been devised. The intent in conceiving a theme for Tuscany Hills is to establish an environment that reflects its European elder, the southern European regions of Spain, southern France, and Italy. Tuscany Hills should thus unite the beauty of the natural surroundings with the built environment, in the same way the gardens, vineyards, and surrounding landscape are an integral part of the Tuscany cottages and villas. This theme can be reflected both architecturally and within its landscape design. Rich earth tones and pure forms will dominate the architectural design,while the landscape design will introduce the same mosaic pattern reflective of its Tuscan example. With the fine architecture and bold landscape design, the community of Tuscany Hills will provide a unique and special environment reflective of its European parent. _ Compliance with these design guidelines will be determined by the Community Development Director. Specific project-wide design goals and objectives are as follows: 1. To provide the City of Lake Elsinore with the necessary assurance that the Specific Plan area will develop in accordance with the quality and character proposed herein. 2. To provide guidance to developers, builders, engineers, architects, and other professionals in order to maintain the desired design quality. 3. To provide guidance to city staff, the Planning Commission, and City Council in the review of future development projects in the Specific Plan area. LLandscaping Guidelines Landscaping Goals and Objectives The following are the overall goals and objectives of the landscape guidelines: 1. To reduce emphasis on vehicular impact by careful placement of roads and parking areas, and screening of same from view. 2. To emphasize pedestrian access and circulation,especially between and around roads and buildings. ` EntEy Statements f In designing the land use plan for Tuscany Hills, it was intended that a sense of arrival, L form, material selection, color, and overall theme of the project be established. The major entry road to the community, Summerhill Drive,will have monumentation signifying entry L into the project. Project and neighborhood entries will establish the sense of arrival on a more specific locational basis. The entries, along with the Wall and Fencing Plan, are shown on Exhibits 22 and 23. Three levels of entry treatment are included in the Tuscany Hills project: L 54 �l R ONUMENTATION, WALL & FENCING PLAN NORTHERN SECTION slow �' k',5�-•L:w-•d !Oro%L . - + Qr " '0'a• D ; r' a "Y �t7f .�� S ti i \ , 'c- ar\ _ ` aa s;E. :;• � 1. .. .rat 4 a f 1 � �Y IrL e> '.M�.•.tj 11 I fS lid- 'J .I' r l 4 '- c1 4-• ■r I .>/�][ r .I- p :g S p5 a-, A ,� `{�tS♦'.s. END ' ) �,. 11 t 6 �j �.. � !-S IE Ol J � •'- LEC 9 v S1 4 � I a o��°l ,c- - ;- .I •j" •tit •Y Ji � IJ r 3 Ir- Itit a • �' '\ � ^ � 1 - s=•1E`l a•r S t 1 t ' s{ s /' 'h —I Primary Entry Mooume¢tation s•,.. Q� Scoo¢dary Entry MD¢ume¢ta0on 2OBO,t t:r :� 1• t y;, t �[ �.a•'• `"NEGiWT10t1 4;. - x�l ^ s•!- .�r' :' �• •! „zis - , .a _ V 1k rtlarywruje t Entry �� •..- �� L .F.. •l;a --I-'c', o ' - y;�,.r• � _� •i bK^..�v � � ,.,.,.,.,.,.,. Mo¢nmenletfo¢ 1 it 'r j.�_ • ��1a 1d r .I t..i' .-- �=•' 1 �'-'Ir.• s ., lb—Wall �I'**- �d - " ). ry 1-'Ifs✓.-':._,, LAKE - ` •-3-�� 1.1'' -..�____. S—ndary St—Wafl IL _ I 3. i)-: r!; r r o a --� - mil••: S a_Lr t�t _ �'.• y�l r� f )- � .� �A �� -'.;S {- '-L � s+ Wrou Iron Fcnrc 8hI .:�I� tea'• y-II r�' 'r jay 'C✓��' r��?! f'"•I 1 ti'�'� -� _ __rr-.-_ Glass Screen Vt—Wutl E jM1 •• -s`. �[a i; W - {S`s1f ' Plate,Unit Enundariea I Ylf ni.K CONIIIDON. OAP -.y a•a• • i a h a �_ �• • •1''s i!•.�•. seta ":e' _.�la•'L' rr,; 'e. =..'f� �•.!^ � � !� �.� •' '•, .[ .� 4 e 's!e!eiarel'pla a eat _ T•J1 L �r ©ASS .•�y �.• a.er,yaa.ar lin r-(�F')� s8C%10CL SITE PARK we.;' '�`��'$j• - L N-T.S- EXHIBIT 22 syo�aatrd L SOURCE: KEITH FRENCH GROUP -rilawr 1r10NUMENTATION, WALL & FENCING PLAN fUTHERN SECTION r •c 4al Primary Envy Monumen�tion +�'• "''�'S� -~ �••-�"^�� {;.P, Qrll Secondary finny Monumenmtion ��-•r— � _ Teriary/Fmject Fitlry Monumenutvoo rl_ ...... Thome Well .-__-...-.- Socondary St.WaU WronPht icon Fence l , � - \ •� '1- 'Rnee-Rail Wood Fence Property Une Wood Fence � sue.� J .^\ / _�'.•.'. '.�� •� •i\1J _.77 r__ j Planning Unit Boundaries �' A. _1�` L..._ �.._.._.._.._.._.._.._.. . I . l j N.T.S. EXHIBIT 23 �, ansat�r ss�vciatr� SOURCE: KEITH FRENCH GROUP .. • 1 AA 1. Primary Entry The major entry monumentation at Summerhill Drive will consist of two major elements. The first is a monument with a series of cascading waterfalls. The second element consists of a series of terraced walls with cascading water falling into pools. Tall vertical trees will serve as a back drop for this feature. Light earth tones will be predominant in material choices. Exhibit 24 illustrates the Primary Entry Monument and Streetscape Plan;Exhibit 25 illustrates the Primary Entry Monument Elevation. 2. Secondary Entry The secondary entry serves as an arrival point to the main project community and formally sets the theme for the community. Secondary monumentation will feature the same material choices and color palette, but will be much simpler in design. Exhibits 26 and 27 illustrate the Secondary Entry Monument Plan and elevation. 3. Tertiary Project Entries Entry into actual project or neighborhood areas is signified by the Tertiary/Project Entry. Overall, the project entries shall provide focus for and identification of the individual project it promotes. Tertiary monumentation will be smaller in scale, providing a transition to pedestrian scale,but will reflect the same image and design quality that is exhibited in the primary and secondary entries. The project entries are found primarily off secondary streets into individual neighborhood enclaves as illustrated on Exhibits 22 and 23. Exhibits 28 and 29 illustrate Tertiary/Project Entry monument plans and elevations. Streetscapes A street hierarchy has been established in order to present a clean distinction between the relative level of streets and to emphasize certain key aspects of Tuscany Hills. This hierarchy is depicted in general format terms in the Conceptual Landscape Plan,Exhibits 30 and 31, and on the Streetscape Plant Palette, Table 8. This hierarchy will in part be established by the street landscaping,which has been chosen to reflect the project's overall "Tuscany theme. Careful consideration of the relationship between street and plant material characteristics will help establish a character to reinforce this theme. There are Lthree levels of street hierarchy in Tuscany Hills which are discussed below: 1. Primary Street (Summerhill Drive) LA semi-formal landscape concept is proposed for Summerhill Drive and is shown in detail on Exhibit 32. This road will function as central "community collector" for i the project. Formal groupings of large spreading Red Oaks will be planted in the iL parkway along Summerhill Drive. An understory of ground cover will complete the treatment. L2. Secondary Streets The secondary street landscape concept will be less formal, transitioning to more formal theme of Summerhill Road. Informal groupings of London Plane trees will be planted with an understory of turf and slope planting where needed. Exhibit 33 shows the Secondary Streetscape Concept in detail. 57 i . � � ,� � mow. • • , ,.y �' '� .. Nl 1 r ! Jr n i 1 I t - • .•. •1�•� \ 66 ^r �_ --('l`�f•ems 'I r\ � � \\ �.', = _,r•/�� ter- �e , 1�`,. , ®® � (` J r �' C ,` , ! }�II•: �%. ./�. 1, �° CD cnIK l.' '�. ,I i ,f Y _..,......_.-.---- w CDC I y m 9 m CD d i � f t -F _ I { � r f + 1 n m - m x T n U� C r 1 CD ------------- 1 � • 1 AT N Co a � 3 r A N O C O m �clt E x 0 _ 7,31 cu r N � � N V � ............................................... ............ . 1 ; f b� � I Y I } I I I i l •� i fi m .. m z - A � c c f i Flo r 7 tm _ m � - ri IL {.. . "6 1 O i y ' A � . C) ,J -- x �• T Ib m � z o �• u� z O c ro 12 r IR C17 � ::I CD a>' CD A C r CONCEPTUAL LANDSCAPE PLAN NORTHERN SECTION r . 1jY OOGOCOW60Cp�� E000OC6ry. uqO�'�' �� a�y7''o •�oo'' a°- �c�u •t' iy3�gp� � •,_ ii va-'�" ....lf_. _ "'� � �?,toa'•� ;�'�IR'1J6E.{,ca4' .'�'ac �" .'T imcocomo�xcae may '`-R o' � .� y�.a�tyy�p�p � .�- :.` zAp=L..�L.! ;y�aoo�oxoa.»� �q., :S': � �� .crv<i'c•+` _� _'Ai`�..s`rb�= � :;[��y{ It�� .� £" •a •.`4�Y I` �v�_g]�,, 'ply, ��y(y_}-Wx.` `�B�t `�','. ��".fsK _ Y ��. - •X 3 d1`C'G• • • `�} •. '. .t r .moo . '�,7 sG LEGEND �o.:'RT.�.. '.t• F.G '.ate _ s7• :.y. A .,•,� ^y .•� R : - r. m it :•c.' Accent Tree 'Y '• Q..- •,}4 - T� og •.' t; Canary Leland Pine A�.� �r _ a O Primary Strcet Tree R , R 2507 r C,++ PQ 3 .`6 . - ''�. RECREATION14. Red Oak d8yo u a PARCE�.2 cFxrP�t o T CT 25075 _ Secondary•} 0. _.F: c��•,� ]�'•.• y �`��p` O Seconds Street Tme A x ..6 sq•�F•:.�•"�b - .... •j�.: •a-F• `$'. Magnolia '12C�� N' RC Fi`x�. Ja-' .. uu� '� :` O° Secondary Street Tree 6 'BRA 77 a j 3 London PLane Tree 2. Bo •r Interior Street Tree bk 9.4 L-------j Oleander l,cdge Rows K 'rsipop j.xr?c' "'*.; �. . -• ." +� +' � F515:1 Mnditiratinn hone �' - '9�- - 0. - .'TR14CT�25Q�7. -• �; 'Y tip. t'}4 - ,.. .. _-�'?�c.rz.y�•. -"`" -x..:;'�;.�.': Planning Unit Eoundarics wttJ)LM C APADM up ■ 7C 4t �- F,' •�`Y"e�4i�SV00ii5gVJ.: _ 1:. fit SITE .1 ... .. t3Cn00L 5)iE •pPgrll(9ZEa.&. lV.T.S. EXHIBIT 30 atc;; LSOURCE: KEITH FRENCH GROUP �f w1. CONCEPTUAL LANDSCAPE PLAN SOUTHERN SECTION m ° of e �� °g� • J•-i' °°°y� � LEGFJVD Aarat Tree eo• -°08- °° _ . C.—y Island Pm cu•.o�pmaoga'�oueomoota°o �°�' o°° o �t°eo•°eo ryes° eo~:♦:`mo`�' �oo .°e�o„_oo ;! O Primary Strret Tree 8� 0 2 �p •$eeo g o _ _°+gyp�. a'' Red oak o q o• yd'' Scmndary Street TreeA Magnolia •i� g$ °8 °qs SannderyStreet TrceB jQ %°o °o ; London PLane Trce 9q, : �•�°=°W°�°c 34. q�•oQi O ..do,S[reet T o,� T. °a L• `\ 5 � •Js•° °.�� o ?>} s �� Olca°de,H°dgc Rawl ,>>°gq��o _Sai. a8'°owoe0000 jG `�$ ° ° .; • Duel Modleca,lon lone °�>m` °q� ° `j° 54 a m '$ • Planning Unit Boundaries F_ �;,JOG. 4°pe�V��• off^y e � a P R■R■R■ 1 J�bco'b.,l' ,�'�+oO��b LL'' as�e' y, �a ® a �°�•v� • ° - - may.` °°O ''h.>o^ y� � G �3.. •0 8 I ._ v� J ..-• �-,�bi• �;;�°°°�; �>e'°°>>;,. w':"»�o � _ - »� Pig:.. =z• -3 J • 9 -s= . 3 .. •J°>p'•bs >>•°o°.r' oeneeoo°ea�• o „P 3 F a�. .o•�+' �''e•-a�s`b ° 'sogD.oy°�o °° '� eee--"•,e 3°:o; S: •3 w'"••V.',.s�-"3 �' •°°° oc °�°j""" �_ .3��8,�. '; '`- ao5>°o'o �a.�.•. �= o° i c"•• 0 00 •°'oJoo i z Il o irk °°awe o°3aocov°°J o>pO ��°p n=o°a>000a�000cJw°e a>Jo��oo°�`., ` °peo�eeeaeo.y�ee 'j9p�T'p° r d e I 1 i °oop L 8 3 L �eae � m 1 LN.T.S. EXHIBIT 31 unsakeY SOURCE: KEITH FRENCH GROUP _ ssocaat�r, rAc TABLE 8 Typical, Streetscape Plant Palette Primary Street Tree Quercus rubra (Red Oak } - 24" Box Secondary Street Trees Magnolia grandiflora "Majestic Beauty" (Magnolia) - 24" Box r Platanus acerifolia (London Plane Tree) - 24" Box Accent Trees - min. 15 Gal. Pinus canariensis (Canary Island Pine) Interior Street Trees - (min. 15 Gal.l Geijera parviflora (Australian Willow) Ginko biloba (Maidenhair Tree) Koelreuteria bipinnata (Chinese Flame Tree) Koelreuteria paniculata (Goldenrain Tree) I Lagerstroemia Indica (Crape Myrtle) i Liquidamber sytraciflua (American Sweet Gum) Podocarpus gracilior (Fern Pine) Prunus blireiana (Hybrid Plum) Pyrus calleryana (Ornamental Pear) Pyrus kawakami (Evergreen Pear) Quercus ilex (Holly Oak) Cinnamomum camphora (Camphor Tree) Pistacia chinensis (Chinese Pistache) Jacaranda acutifolia (Jacaranda) GIeditsia triancanthus (Honey Locust) Bauginia purpurea (Purple Orchid Tree) Source: Keith French Group L 66 r +,.�'T-�'ki`�3YG�i:,4Wy':21a1:}A�::.-'.?'x..'"•,�rr".co4i`.'�-f„'a:>;°+f:_:.�.:f.?`a`,::�:1`:�:-qui1.:.'::'_ .. - -.... t i 1 v A a0 d a 0 0 } o Qp 0 P QS o b P .D.tult— ,�II11tiY- O �' w o0 o 'o O 4411 C• G � � O Rll O 4 o O tll � p O A � vb wQ d 11 � • y C m II' mail XI m I � 4 x � _ c III � a c 1{li C o v r IIII d � 6 p e c O c lr -l4 • 9 _ � O O. vc Q O 04 •p• o o Q' . ��rwr�� _ y Q m x CD to i r. F— f— F— (— F— f f— r-- F--- F— F-- F— w 1— o n � � b b e y I� �a Volt A !! c E; ro =1! z A x a o tititi - � o 4! o s 1 l7Y } Cb A_ n 0 a Zh m X W cD ca -4Y..-v':;..aw.-..-.�# � 1�9i :'L xGM•'.J4d... -. .. •� .. �.-. l .- w .. .. ..CC.CFFF",YYY.jam. �..._�: . .^tr a.a r.-.Ac ti'._ s:•..n xc.r.....i1�,4..-xw ��. a ... � �- .![�~ I 3. Interior Streets The interior neighborhood streets within Tuscany Hills are informal and pedestrian oriented. Canopy shade trees are to be regularly spaced within beds of ground cover and will provide a canopy over the sidewalks, creating a pleasant pedestrian environment. The use of different species of trees on individual streets or neighborhoods could uniquely identify various projects within the overall community. Landscape details for interior streets are shown in Exhibit 34. Landscaping Standards and Requirements for Commercial Overlay Develol2ments Prior to the issuance of any building permits, detailed landscape and irrigation plans shall be reviewed and approved by the City. 1. All building sites shall have a minimum landscaped coverage equivalent to ten percent (10%) of the total lot area. Landscaping shall be evenly distributed over the site and consist of an effective combination of trees,ground cover and shrubbery. 2. All projects shall provide landscape and irrigation for all areas not devoted to structures, paving, or approved storage areas. 3. All landscaping shall be maintained in a neat, clean and healthy condition, allowing the landscaping to improve and mature over the years. Landscape Maintenance Responsibility The landscape maintenance responsibility plan within Tuscany Hills is illustrated on Exhibits 35 and 36. The plan can be categorized as follows: -- 1. Landscape Maintenance Districts These areas are the responsibility of the Landscape Maintenance District and include: major slope areas along circulation routes, major and secondary monumentation,primary streetscape,the wildlife corridor,and the fuel modification zones along the perimeter of individual development areas. The maintenance of L these facilities does not burden the City as they are paid for by the residents of Tuscany Hills. L2. Master Association Areas These areas are the responsibility of the Tuscany Hills Master Association and include: private recreation and community facility areas, and the lake area. 3. Private L These areas include slope areas within the property of individual homeowners as well as the maintenance of front yard landscaping. An illustration of typical front yard landscaping is provided on Exhibit 37. L L 69 �3 INTERIOR STREETSCAPE Single-Loaded Street a, ' r .a Covam�cavw' k 4 Double-Loaded Street a L a L ' . '. A • e . r . i. A: E SOURCE: ,N L EXHIBIT 34 FIAAINTENANCE RESPONSIBILIY PLAN VORT1iERN SECTION & PHASING PLAN '�p��T`25G�f7�'_,•-..a�•� t '� t. ? 6 p�.� o � .e '`4 e�a?\ ,J�F F ,t„L,e lr � ■s -.- _ '', Lbw tl,_t !1r1,�i7, % � n o - , ' x;, ..- 'Y 74 Legend for Maintenance Responsibility Plan y�l i�l�.aitl lrr Prima y.Slo Areas- ma _• -S _+dti•� -1 av f .�Ils�i 1-��'F � '' \ '� t� �" T I y - Ly's _- _ Installed by individual Developer Maintained by Landscape Maintenance District L`-A�r or Homeowoers Association Et; ,' .TL Secondary Rtnpe Areas: a Ys'r �'c Installed by ladividual Developec r '��R '� - t, � ""�� Maintained by# LandscapeMaintenance District 25 yrj - t r-',1'-- or Homeowaen Association Installed by Individual Developer Maintained by Private Homeowner s Lyt. Fnr- ! ?. Installed by Individual Developer �t jly f Maintained by Landscape Maintenance District or Homeowner Association ^L 1 ate`. 1,5_i��F�I�_ C I �� I i_ � 1l �pn• . 1 .u��—{ I_ �yv� t 4 �C. Planning Unit Boundaries Lq i TR � ft � �' •�- - t } • Installed by Master Developer l Maintained by Homeowner's Association j�1 WWL]FE COPoaOOR � Y t 3 ��. - S '� r Y ■ Installed 6 lake Elsinore School District Maintained by LESD b ,•a a _ �� iF a' — r ♦ Installed by Master Developer i ,r u i _ (3— n a Maintained by City Landscape Malutalnance District(Cl mi)) ti ->r Maintained by CLMD or Homeowner's Asso- b elation Sj ,a 1 y, rVCrmM�sN ! ry� j •A 9 4'�� 2V ACHOM SrtE pAWI'BI7! x L N.T.S. EXHIBIT 35 SOURCE: KEITH FRENCH GROUP X:oc; rMe i-rN A►Irw•°rw AINTENANCE RESPONSIBILITY PLANT IOUTHERN SECTION & PHASING PLAN y: ./••/.. ��1.{' i LEGEND ]nstalai,,d by Mai Developer Nleintamed by Maintenance c4trict dA -�-•`'+ b-�•+u 1.-- '' -.1 Nhi,ad b.lndiviaint Developer Sfainuined 6l titaintenarrce Abrrict Installed 6s lntllvldual Uevel,Inr ! - Maintained by Pdyate llome—tr •• .s'Via. 'K a-.s FudModifiwtipo Zonc: mg,.• ,:S;.w�;•'J - Installed by Individual Developer 1 za-- ^i S Mainraincd by Master&—in- PldnnlnE Unit[rpunJaries 746 5g F _ TA 7.7 4.. •f f �'� t R fad`; "1 i I j I N.T.S. EXHIBIT 36 ssociares� L SOURCE: KEITH FRENCH GROUP mar• M � v m � � Wz a Ib cz $. w c U CL cn F .D a =s bo �q '6 3 >cl d tko -3 e as � d ° h H r o ti , eq 3 w Gn x 1 d o p c� ¢ U W m LL 2 - H W p 1 p co Y f r G/ Site Planning Guidelines ! Hillside areas predominate much of the Tuscany Hills site. The development is intended not only to preserve open space areas,but to complement existing topography to minimize hillside grading. Residential areas are intended to be high quality, well designed environments with high appeal to homeowners. The following guidelines shall apply to residential development in Tuscany Hills. 1. Curvilinear street layouts shall be encouraged to enhance streetscape. Long runs of straight local streets and 90 degree bends should be avoided. 2. The use of geometric"grid" layout should be discouraged. 3. Where possible in hillside areas, units should be clustered `to preserve rock outcroppings and views and to minimize hillside grading. 4. A variety of lot configurations and sizes should be utilized to accommodate various product types and create project interest. 5. Views to open space areas and project amenities should be encouraged. Architectural Guidelines The following guidelines and standards set forth the bask architectural character and design theme of Tuscany Hills. These guidelines have been developed in order to achieve a high 1 level of appearance,assure product compatibility, direct character and form and to establish 1 the community's design criteria for use by builders and architects. Residential Architecture r Each neighborhood in Tuscany Hills should have a distinctive architectural product type and/or style associated with it while keeping within the Tuscany community theme. Nearly identical homes lining streets with neither variation in building placement or form shall be discouraged. Possible architectural product types and/or styles are illustrated on Exhibits 38 and 39, and major components of the Tuscany Hills residential architectural guidelines Lare discussed below. 1. Building Massing and Scale The architectural image of Tuscany Hills will be perceived primarily from public spaces such as streets, open spaces, and parks. Therefore, building massing, scale and roof forms, as primary design components, require careful articulation in their architectural expression to these public spaces. Appropriate: o Articulation of wall planes o Projections and recesses to provide shadow and depth o Maintain varied and low profiles at property boundaries P P P tY o Incorporate one and two story elevations conveying sense of human scale 73 ARCHITECTURE LEVATIONS .yyv California Ranch ry EXPANSIVE USE SHALLOW PITCH OF GLASS 4:12 OR 5:12 LARGE BEAMS LARGE ;FLAT 1LES « 7 OVE3�}'{A1JGS I •,is .:; '�?'::c .�w•,�.&% 1 . MASONRY OR STONE ACCENT BOARD ON BATT OR FOR BASE AND FPS:i ACES LAPPED WOW SDNG -- Monterey'Style ROOF PITCH EAVES 24'- 30' *12- 5:12 WITH 12'- 18' RAKE SHUTTERS AND GABLE. HP OR USE!! FLAT TILES - ON1DED LIGHTS OF SHED ROOFS AND 'S' TILES 44 LSOURCE: MSSUIJTAN sYmmETm PLAACOvENT WINDOWS T ES OUT OF DOOR AND WIDOWS OR FLANKED YnTH SHUTTERS _ _ EXHIBIT 38 ORDINANCE NO. 872 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A SPECIFIC PLAN FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS , the Citv Council of the Citv of Lake Elsinore (the "City") has previously certified an environmental impact report No. SCH 79082906 (the "EIR") with respect to the Tuscany Hills Development (the "Project") ; and WHEREAS , Homestead Land Development Corporation (the "Developer") , as developer of the Project , subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens ' Kangaroo Rat habitat , to be implemented by a Conservation Agreement among the City, the Developer , and the United States Fish and Wildlife Service (the "Conservation Agreement") and an Agreement and Declaration of Covenants , Conditions and Restrictions on Use ("Declaration of Covenants") ; and WHEREAS , the City has caused an Addendum to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, delivery and performance of the Conservation Agreement and Declaration of Covenants , and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single- and multi-family development to a single-family development ; and WHEREAS , the Planning Commission has previously reviewed the EIR and the Addendum and has recommended that the City Council (1) certify that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City' s CEQA guidelines ; (2) approve the Specific Plan for the Project , (3) approve the Conservation Agreement and the Declaration of Covenants and (4) approve amendments to the 1980 Development Agreement for the Project ; and WHEREAS , the City Council reviewed the EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act , and has considered the information contained therein and in the other documents referred to therein; and WHEREAS , the City Council has certified the Addendum to the EIR and has made the findings required_ by Section 15091(a) of the State CEQA Guidelines , attached hereto as Attachment A; and WHEREAS , the City Council is contemporaneously approving the Amended and Restated 1980 Development Agreement, the Conservation Agreement and the Declaration of Covenants relating to the Project . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN 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 , attached hereto as Attachment A, the City Council. hereby (i) finds that the Specific Plan for the Project area attached hereto as Exhibit A is consistent with the General Plan of the City, (ii ) finds that the adoption of the Specific Plan is in the public interest , (iii) approves and adopts the Specific Plan, and (iv) approves and adopts the Mitigation Monitoring Program contained in Appendix 15 to the Specific Plan. Section 2. 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 be published and posted in the manner required by law. PASSED UPON FIRST READING this 9th day of January, 1990, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of January 1990, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, 14INKLER I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE I IM WINKLER, MAYOR CITY OF LAKE ELSINORE ATTEST: L VICKI S D, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: OHN R. HARPER, CI Y ATTORNEY ::'ATE OF CALIFORNIA ) DUNTY OF RIVERSIDE ) SS: STY OF LAKE ELSINORE ) ' I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore CAI.X"d.lr i 4 idu 1:111-- 1Cy.LCyU-L11y lJY'dinance has its LXrst reaaing on January 9, 1990, and had its second reading on January 23, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE V CKI L`NNE S , I Y CLERK 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. 879 of said Council, and that the same has not been amended or repealed. DATED: January 24, 1990 ICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) ._i��:ri.':��f:{si:`_�z^==:zr ,.....,..'.i:na;i', ',�s;'c,ti:':-. ..x •.:t��F�(:.z;`� ..... ., ... .. r ATTACHMENT A TO RESOLUTION 8913 Y TABLE OF QKJENT FINDINGS AND FACTS IN SUPPORT OF FINDING ADOPTED BY THE PLANN NC -COMMISSION OF THE CITY QF LAKE ELSINORE FOR THE HOMESTEAD LAND D ELOPMENT (SPECIFIC PLAN, AMENDED AND REST D DEVELOPMENT AQREEMENT AND CONSERVATION AGREEMENT) FINAL EIR SH NO. _79082906 , AS &MNDFD AS ADOPTEr? BY THE-__2LANNjNG _Q=jSSjON ON DECEMHER � 89 1. FINDINGS REGARDING SIGNIFICANT EFFECTS THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL OF INSIGNIFICANCE 1.1 Topography 1.2 Seismic Impacts 1.3 Air Quality 1.4 Biological Environmental 2. POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR WHICH CAN BE MITIGATED TO A LEVEL OF INSIGNIFICANCE 2.1 Geology and Soils 2.2 Hydrology and Flood Control 2.3 Climate 2.4 Cultural Resources 2 . 5 Land Use, Zoning and General Plan 2. 6 Traffic and Circulation 2.7 Public Services and Utilities 2 .8 Energy Conservation -i- 4p!!= 1 i 2.9 Growth Inducing Impacts 2. 10 Cumulative Impacts 3 . FINDINGS REGARDING ALTERNATIVES 3. 1 No Project Alternative 3 .2 Decreased Overall Density Alternative 3 .3 Increased Overall Density Alternative 4 . FINDINGS REGARDING MITIGATION MONITORING PROGRAM 4. 1 Requirement Of Mitigation Monitoring Program r• `_ I CITY OF LAKE EL51NORE REGABDIN LIBL -LMUNMENTAL IMPACT REPORT TULAMLliMU.. DEVELOPMENT The State Guidelines ("Guidelines") promulgated pursuant to the California Environmental Quality Act ("CEQA") provide as follows (Guidelines Section 15091) : (a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. "finding (1} . "1 (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [This finding ha-- ►.o r fPrrwrl to aS "finding (2) . "] (3) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. [This «finding (3) , "] -1- Findings required for residential projects are further explained in Guidelines Section 15183 . The Environmental Impact Report ("EIR") for the Tuscany Hills residential project ('Project") proposed by Homestead band Development Corporation identifies significant effects on the environment which may occur as a result of the Project. Section 1 of this Attachment identifies the significant environmental effects of the Project which cannot feasibly be mitigated to a level of insignificance. Section 2 sets forth potential environmental effects of the Project which are not significant because of the design of the Project or which can feasibly be mitigated to a level of insignificance. Section 3 provides findings regarding the alternataives discussed in the EIR. Section-4 contains findings regarding the Mitigation Monitoring Program for the Project . The findings set forth in each section are supported by facts established in the administrative record of the Project . 1. THAT CANNOI FEASIBIY BE MITIGATED TO A LEVEE, OF INSIQNIFICANCE The City has determined that EIR mitigation measures and proposals included as part of the Project will result in a substantial mitigation of the following effects, but that these effects cannot feasibly be mitigated to a level of insignificance. 1.1 T_gnographv. l .l. l Eignificant F_ffert: The Project will moderately alter the topography of the Project site. Grading of home sites will level some of the ridge and hilltop areas, and many smaller canyons will be filled. (1) and (3) . Findings: The City hereby makes findings Facts-in Support of Fi ; nn5 : The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) The larger lots in the southern portion of the site will help reduce topographic changes to the steeper slopes in this area. -2- • (b) All City ordinances related to grading will be followed to minimize topographic changes . (c) Grading and earthwork improvements will be balanced on-site. (d) To the maximum extent feasible, grading activities will conform the existing land contours . (e) Approximately 170 acres within the southern portion of the Project site will remain in their natural and ungraded state. Further, the estate lots to be developed in the southern half of the Project will encompass 57 acres on which only limited grading will occur. Approximately 33 acres in the northern portion of the Project site will be left as open space in its natural state, another 34 acres in the northern portion will be developed for park, recreation and lake uses and a 31 acre wildlife corridor. (f) Single-loaded streets will be utilized to help maintain the natural land form. 1.2 5.9ismic Impact g : 1.2.1 Due to the large number of fault zones in the State of California, and within or nearby the City, the Project and all surrounding areas are in proximity to a number of significant fault areas . The Project site is approximately 1/2 mile at its closest from the Elsinore Fault Zone, and is relatively proximate to the Glen Ivy Fault, the Willard Fault and the Wildomare Fault. Additionally, the Project site is approximately 20 miles from the flan Jacinto Fault and approximately 30 miles from the San Andreas Fault. A study performed by GeoSoils, Inc. indicates that the Project site may be subject to an earthquake of magnitude 6 .0 or greater during the next 50 years . Earthquakes of such magnitude could cause damage to residential units. (I) and (3) . Findings : The City hereby makes findings FactZ in 5URVnIt of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect . (a) The design of fill slopes and embankments will be sufficient to minimize earthquake impacts. Proper design, compaction and construction will -3- �S J/ r reduce the potential for landslide impacts on manmade slopes. (b) All proper design criteria will be employed to minimize potential impacts to and from local geologic formations. All seismic building requirements will be met to reduce or eliminate impacts from seismic activity on structures . Proper engineering will ensure foundation integrity against differential settling. 1.3 Air Quality 1.3 . 1 S-i-gnifigant Effect: The City and the Project site are within a region which is a nonattainment area for ozone and particulate matter (PM-10) . The Project will adversely impact both local and regional air quality during the construction phase and during the lifetime of the completed Project. Construction activities will generate on-site fumes and odors from construction machinery, as well as exposing a large area of bare earth to wind which may result in the generation of significant amounts of dust. These construction impacts may be expected during all pnases of construction, but will be short-term impacts in nature. Long term impacts will result from vehicular traffic associated with the Project, off-site electricity production, and on-site consumption of natural gas and other sources such as fireplaces . Findings: The City hereby makes findings (1) , (2) and (3) . Facts in Support_pf_Findings : The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) Dust generation will be controlled by watering areas prior to and during grading. Landscape vegetation will be introduced as soon as construction is completed. (b) The number of vehicle miles traveled for home-to-work trips may be reduced by: 1) various governmental efforts to induce more employers to locate in the Tri-Community Area to reduce trip length; and 2) governmental efforts to provide bus service from the Project area to employment centers in surrounding areas. (c) The developer will provide information concerning the Cal-Trans ride-sharing program to new home buyers at its sales office. -4- I t (d) The neighborhood commercial center will provide for a portion of the retail needs of the Project residents . (e) The Project developer will use energy conserving design and construction techniques as required under State law and will comply with the requirements of Title 24 of the California Code of Regulations. (f) The Project is in compliance with the South Coast Air Quality Management Plan. 1.4 Biological EBy,,ironment 1.4 .1 Potential Effect: The site contains various types of habitats having some biological value: coastal-inland and coastal sage scrub; riparian woodlands; and brushy slopes and Bosanko clay exposures . Within the sage scrub habitat, the presence of the Stephens ' Kangaroo Rat (a federal endangered species) has been identified. Riparian habitat exists along some drainage areas (San Jacinto River tributories) . Development of the Project will result in the removal of roughly 2/3rds of the existing coastal sage scrub habitat from the Project site. As this habitat is removed during construction phases, associated on-site wildlife (including the Stephens ' Kangaroo Rat) will decline as individuals are either destroyed or displaced to adjacent habitat areas. Displaced individuals will crowd and disrupt adjacent local populations temporarily until competition and predation return populations to habitat carrying capacity levels. Wide ranging mammals and birds of prey will no longer be able to use the Project site for foraging activities . Certain sensitive avian species, including the golden eagle, the white-tailed kite, the red shouldered hawk, osprey and the California black-tailed gnatcatcher, may frequent certain areas of the Project site. Further, development of the Project will constitute an incremental loss in vegetation and wildlife resources which, when considered with other development projects scheduled or contemplated for development within the City of Lake Elsinore area, contribute to a cumulative loss of biological resources from the area. (1) and (3) . Findings: The City hereby makes findings Facts in Support of Findings : The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. -5- (a) Development of the study site will begin in the southern portion and will progress northward in phases. Phasing will allow for a more orderly movement of larger animals from the study site to surrounding undeveloped area. However, many smaller animals (rodents and reptiles) will probably not move out of the study site and will be destroyed. The open space area in the southern portion of the study area will provide habitats for some of these smaller animals . Once the development is complete more tolerant species, especially song birds, may move back into the area . (b) Natural contours and topographic features will be preserved to the greatest extent possible in the open space areas and within a planned 31 acre wildlife corridor. The wildlife corridor provides potential links to existing Federal Bureau of Land Management parcels. Natural open space areas of the Project comprise approximately 170 acres , including 117 acre parcel near the watertank site, and a 37 acre open space/park area, which will be offered for dedication to the City. In total, open space, parks, private recreation areas, lake and wildlife corridor areas comprise approximately 253 acres . An additional 88 acres of manufactured slopes will be contained within the Project site. (c) Protection of open space and riparian settings will be accomplished through compliance with Fish and Game Code Section 1603 and the issuance of a 1601/1603 permit from the California Department of Fish and Game. (d) A variety of species will be used for landscaping, as appropriate to soil conditions. (e) The Project developer has obtained a California Department of Fish and Game 1603 permit with respect to modification of steam courses in riparian areas . The Project developer will comply with all the requirements of this permit to mitigate impacts on riparian areas. (f) Prior to grading any occupied Stephens' Kangaroo Rat ("SKR") habitat at the Tuscany Hills site, the developer shall acquire in fee simple absolute the Initial Preserve Site, as described in the Conservation Agreement, and shall execute an irrevocable offer of dedication of the Initial Preserve Site to the City or to another entity approved by the United States Fish and Wildlife Service. -6- (g) Prior to grading any occupied 6KR habitat in excess of 235.3 acres at the Tuscany Hills site, the developer shall acquire in fee simple absolute the Secondary Preserve Site, as described in the Conservation Agreement, and shall execute an irrevocable offer of dedication of the Secondary Preserve Site to the City or to another entity approved by the United States Fish and Wildlife Service. (h) The developer and its successors in interest shall manage the Initial Preserve Site and the Secondary Preserve Site in a manner which is consistent with the conservation and protection of the SKR and its habitat. (i) The authorization to take any endangered or threatened species, pursuant to Sections 7(b) (4) and 7(o) (2) of the Endangered Species Act of 1973, as amended, shall not be effective until the developer executes the Conservation Agreement and completes the acquisition of that Initial Preserve Site described therein. The extent of any authorization to take any endangered or threatened species shall be limited to the grading of not more than 235.3 acres of occupied SKR Habitat until the developer completes the acquisition of the Secondary Preserve Site, as set forth therein. (J) The developer and its successors in interest shall not alter or modify any SKR habitat in the Initial Preserve Site or the Secondary Preserve Site without prior approval by the United States Fish and Wildlife Service. (k) Authorization for incidental take will be conditioned upon implementation and compliance with the - Conservation Plan as required by the Conservation Agreement to be signed by the developer, the United States Fish and Wildlife Service, and the City. (1) The developer and its successors in interest shall comply with the reporting requirements of the Conservation Agreement and Conservation Plan. (m) If incidental take at any time does not comply with the provisions established in the Incidental Take statement, the developer shall ensure that the causative action cease immediately, and shall seek the immediate assistance of the United States Fish and Wildlife Service (Laguna Niguel Field Office) to evaluate the impacts of incidental take and make recommendations to rectify the situation. -7- ...... .... .. (n) Any Stephens• Kangaroo Rats recovered shall be deposited in the mammal collection of the Natural History Museum, County of Los Angeles. ARE NOT SIGNIFIC6NT OR WHICH POTENTIAL-ZWZIRQNMENTAL EFFECTS WHICH BE MITIGATED TO A LEVEL 0 _ NSIGNIFICANCE The City has determined that the following effects will not be significant, for the reasons stated below. 2. 1 Geology and Soils 2 .1. 1 Pgtential Effect : Development of the Project will require substantial grading and fill activities, and will disturb local soils. Findings : The City hereby makes finding (1) . , Facts in aupport of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the Project will disturb overlying soil units but will not appreciably impact underlying geologic strata. (b) Earthwork will balance cut and fill onsite and will not require any import or export of soil. Grading activities will conform as much as possible to existing contours. All proper soil and engineering . analyses will be done prior to grading . All grading activities will conform to City requirements . All soils onsite can be worked with a minimum amount of preparation, with the exception of the Bosanko clays. Proper caution will be exercised during removal or fill-mixing with these clays to eliminate any possible impacts related to expansion. (c) Construction activities such as watering and soil stockpiling will be monitored to control onsite and offsite soil erosion. (d) Only Class II Garretson Soils has any significant value for agricultural use, among those soils found on the Project site. These soils are found on less than 1 percent of the Project site. All other onsite soils have only limited or very limited agricultural usefulness. -8- L / 2.2 Hydrology and Flgg„Q,__Control 2 .2. 1 The Project will alter the runoff characteristics of the Project site, as a result of the introduction of impervious roadways, sidewalks and buildings. Further, construction activities will temporarily increase loads to local drainage channels. Following Project implementation, runoff from the Project site will contain increased amounts of urban pollutants, including various hydrocarbons, tire rubber and other automobile pollutants, pesticides and sediments from landscaped areas, paint or other coating substances, dust, and sediments from residential structures . Findings: The City hereby makes finding (1) . Findings :FaCts in SuryQrt of The following measures will mitigate the identified impact to a level of insignificance. (a) The Project site is not exposed to any regional flood hazard due to its elevation above the San Jacinto River. (b) Construction activities will be designed to contain offsite runoff. Watering will be kept to the minimum required for compaction and dust - suppression. Any steep, exposed man-made slopes will be covered or hydroseeded to prevent offsite sediment transport. (c) The slope modifications on the Project site, together with the large amount of landscaping and open space, will tend to balance the overall runoff from the Project site. (d) Subdrains will be constructed in canyon fill areas where necessary. These drains will collect existing and future groundwater flows . Surface drains and subdrains may be necessary for buttress or fill stabilization. All required curb, gutter and storm drain structures will be constructed to channel surface runoff offsite. (e) Frequent street cleaning by the City will reduce the potential for runoff pollutants produced by this Project . (f) Specific drainage systems will be designed as each planning area within the Project site develops . All drainage systems will comply with adopted -9- i I • City standards . Drainage systems shall utilize natural drainage channels to the greatest extent possible, with improvements as necessary to accommodate expected flows from new development. (g) The developer will construct drains and subdrains to intercept run-off . The developer will establish an erosion control plan to be in effect during and after construction to be subject to approval of the Chief Building Official prior to issuance of grading permits . (h) The developer will develop a Master Landscape Installation and Maintenance Plan for public and private land areas to be subject to approval of the Community Development Director or his designee. 2.3 Climate: 2 .3. 1 Development of the Project site will affect the local micro-climate. Impacts include increased humidity due to irrigation of public and private landscaping, changes in low level on-site wind patterns due to building construction, and modifications to land-to-air thermal relationships caused by building shade and landscaping, heat absorption and retention by buildings, etc. t_ Findings : The City hereby makes findings (1) and (3) . Facts in_5upport of Findings : (a) Micro-climate impacts of the development of the Project are not expected to extend beyond the Project boundaries. These impacts are not expected to be adverse or significant . No feasible mitigation measures exist which could reduce the anticipated minor impacts on the local micro-climate. 2.4 r1,i1tura1 ResourC:pa 2.4 .1 Potential- Effect : The general area of the Project site was heavily utilized by aboriginal populations . A significant native American village complex has been documented to the north of the Project site. One previously unrecorded prehistoric archaeological site has been located on the southern portion of the site. In addition, areas of historic use have been documented in the southern portion of the Project site and in a limited portion of the northern half _10- 1 of the Project site. These sites appear to have been used during the Railroad/Modern period (1881 to present) . The historical sites located within the boundaries of the Project site include the Wrench Gold and Slate Prospect Site, located within the proposed wildlife corridor, a segment of the old Railroad Canyon Road and Railroad Bridge, located along the Project site' s easterly boundary adjoining the San Jacinto River, the remains of the Ella Van Fossen residence, and the Riv-598 prehistoric site. Findings : The City hereby makes finding (1) . Facts in Support of Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The developer shall provide further testing and documentation of sites and appropriate mitigation as recommended by a qualified archaeologist prior to issuance of further grading permits . Appropriate mitigative measures will be undertaken to reduce or eliminate adverse impacts to any subsequently discovered archaeological resources . (b) Further, the developer shall provide a qualified paleontologist to be present during grading, empowered to stop grading temporarily for the recovery of fossil remains during grading within suspect geologic formations as identified in preliminary and final geologic and soils reports. 2. 5 L-and j se _Zgning. and General Plan 2 .5. 1 PotentialEffect: The Specific Plan for the Project must be consistent with the City's General Plan. Findings : The City hereby makes finding (1) . Facts in Eupport of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The Project is consistent with the current General Plan of the City, as the site land use designation in the General Plan is "Specific Plan Area" , as is also consistent with the current draft of the City's proposed new general plan. (b) The Specific Plan is in conformance with the intent of the City's General Plan (and its elements) for the reasons stated below: -11- (1) Land Use Element: The Project site is designated Specific Plan Area (SPA) and the developer of the Project is processing the development under a specific plan. (2) Circulation Element: The Project design provides adequate internal circulation, and the Project will be required to participate in an assessment district for off-site traffic improvements. (3) Environmental Resources Management Element: The Project provides 207 acres of open space and wildlife corridor areas, as well as 46 acres of recreational and park areas; in addition, pursuant to the Conservation Plan, several hundred acres of additional land will be acquired by the Project developer off-site, and dedicated for preservation of Stephen' s Kangaroo Rat habitat. The Project will include firebreak areas, provision for adequate site drainage, and all buildings will be constructed to meet seismic safety standards under City requirements . (4) Noise: The Project will be developed in accordance with the requirements of Chapter 17.14 of the City's Zoning Ordinance relating to requirements for acoustical analysis of residential projects. (5) Community Design Element: The Project site is located within areas of the City which are to be developed under specific plan procedures, pursuant to the City' s General Plan. The Project is a planned development, governed by the provisions of the Specific Plan, and thus will present a "planned" view under the Design Guidelines of the Specific Plan. (6) Housing : Development of the Project will help to provide a portion of the full range of housing types which are necessary to meet the needs of the residents and the community of the City of Lake Elsinore. 2.5.2 The Project site is currently zoned R-1, R-2, R-3, C-1 and OS-RE. In order to implement the Project under the Specific Plan, zone changes for Specific Plan Zoning are required as described in the Specific Plan for the Project. Findings: The City hereby makes finding (1) . -12- f Findings :Eacts in Support of The following measures will mitigate the identified impact to a level of insignificance. (a) The Specific Plan for the Project is being processed under City Code Section 17. 99 .060, Nonconditional (SP) Specific Plan Zoning Procedure. Pursuant to this procedure, the Project will receive the (SP) Specific Plan zoning designation concurrently with the approval of the Specific Plan documents . Zoning within the Specific Plan area will be governed by the Specific Plan. The Project developer shall comply with all provisions of the Zoning Ordinance for the City, including all applicable provisions of Chapter 17 . 99 of the Zoning Ordinance, and the provisions of the Specific Plan. To the extent of any conflict between the Zoning Ordinance and the Specific Plan, the provisions of the Specific Plan will govern. (b) The location and design of the Project are consistent with the goals and policies of the City`s General Plan and with all other applicable plan or policies adopted by the City to date, for the reasons set forth in Section 2.5. 1 above. (c) The Project site allows the development of the Project to be well integrated with the Project site surroundings. (d) All vehicular traffic generated by the Project will be accommodated safely- and without causing undue congestion upon adjoining streets, for the reasons specified in Section 2 . 6.1. (e) The Specific Plan describes a methodology for assuring the adequate provision of public services and facilities for the land uses specified in the Specific Plan. (f) The overall design of the Specific Plan will produce an attractive, efficient and stable development. 2. 5.3 Potential Effect: The development will change the existing site from its current undeveloped status to medium and low density residential, open space, school and neighborhood commercial uses. Surrounding land uses include agricultural lands, mainly on the northwest and southeast ends of the Canyon Lake subregion, a large flood plain located adjacent to the southeastern end of the lake, the Canyon Lake residential community, located --13- to the east of the lake, the Ramsgate Specific Plan area (mixed use residential) , located west of the Project site, the Cottonwood Hills development (mixed use residential) , located southeast of the Project site and the Friedman property (mixed use residential) , located to the south of the Project. Findings: The City hereby makes finding (1) with respect to all land use impact except those specifically identified in Section I.J. Facts in__Supnort offindings: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the project will result in significant amounts of grading of the Project site. Each of the Facts in Support of Findings contained in Section 1. 1 is hereby incorporated by reference. (b) Surrounding developments are consistent with the land uses proposed in the Specific Plan for the Project, including residential land uses, neighborhood commercial land uses, parks, recreation and open space areas, and a school site. (c) The development standards and design -- guidelines for the Project specified in the Specific Plan will ensure that the land uses planned for the Project and the development of the Project will be compatible with the surrounding land uses. 2 .6 Traffic! and !Q rculation 2 .6.1 Pntential _F.ffect : The Project includes the construction of approximately 2,000 single family dwelling units . New residents will generate vehicular trips that are both internal and external to the Project site. Forecasted trips per day, from the traffic study appended as Appendix C to the Addendum to the Final Environmental Impact Report, dated October, 1989, suggest that the 2, 000 dwelling units contained within the Project could generate up to 17,100 trips per day, of which 7,400 trips per day would have origins or destinations external to the Project site. These additional trips, together with vehicle trips generated by proposed surrounding developments, will have an impact on both internal and external roadways. Findings: The City hereby makes finding (1) . -14- I Facts in Support of Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The forecasted average daily trips in the traffic study suggest that, at the maximum, traffic on the proposed internal circulation system would be approximately 45% of its roadway design capacity (Level of Service "C") . (b) The Project could add up to 3, 000 trips per day to Railroad Canyon Road near the I-15 Interchange, which road would then be at 42% of its roadway design capacity (Level of Service "C") . Additional capacity is available for other development projects. (c) The Project could add up to 2, 960 trips per day to Greenwald Avenue, increasing the total average daily trips for that roadway to 7,360 . Greenwald Avenue would then be at 61% of its roadway design capacity (Level of Service "C" ) . Additional capacity is available for other development projects. (d) The proposed development has an adequate internal circulation system to handle projected traffic loads. (e) All minor streets intersecting with the proposed 88-foot north-south "Secondary Arterial" will be controlled by stop signs on the minor streets . (f) The approaches of the internal roadways toward Greenwald Avenue will be controlled by stop signs. (g) The Project is required to participate in an assessment district for off-site improvements. If a traffic signal is ultimately warranted at the intersection of Summerhill Drive and Railroad Canyon Road, the Project developer would contribute that portion of the signal cost which corresponds to the volume of intersection traffic caused by the Project. (h) The developer shall provide information concerning the Cal-Trans ride-sharing program to new home buyers at its sales office. (i) The Facts in Support of Findings in (b) and (c) of Section 1.3. 1 are hereby incorporated by reference. -15- I / e 2.7 Public Services and gti lities 2 .7 .1 Potential Effect : The Project will increase demand on local water supplies. The Project is expected to require 1.0 million gallons per day for residential use and 0. 63 million gallons per day for park, recreation areas and schools. Findings : The City hereby makes finding (1) . Facts in Suppgrt of Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The source of water supply to the Project will be via an Elsinore Valley Municipal Water District System. The District 's treatment plant west of Canyon Lake Dam has a capacity of 15 million gallons per day, which is sufficient to serve contemplated future development within the Lake Elsinore area . In addition, the District owns rights to 3,000 acre feet of the storage capacity in the Railroad Canyon Reservoir. The Project developer has received a "will-serve" letter from the District for the southern portion of the Site. (b) The water distribution system for Tuscany Hills will be phased in accordance with the phases of construction. Water storage facilities will be constructed in the first phase of infrastructure improvements. (c) The developer will use all water saving devices recognized by State law. 2.7.2 potential Effect: The Project will increase the demand for wastewater treatment services. The Project is anticipated to generate an average daily flow of 0. 51 million gallons per day. Findings: The City hereby makes finding (1) . Findings :-Facts in Supnort�__gf The following measures will mitigate the identified impact to a level of insignificance. (a) The existing Elsinore Valley Municipal Water District Sewage Treatment Plant, located approximately 5 miles northwest of the Project site, is proposed to be expanded to a capacity of 3 .0 million gallons per day by 1990. Ultimately the capacity of this plant will be 5. 0 million gallons per day. In addition, a -16- T new treatment plant is proposed in the Elsinore Valley Municipal water District Master Plan, to be located west of the Project site. The sizing and construction of all sewer facilities has been and will continue to be coordinated through the Elsinore Valley Municipal Water District. (b) The Project developer will provide necessary on-site lift stations and extend lateral lines to the existing regional sewage treatment facility. 2.7.3 : The Project is expected to generate a maximum of 15 tons per day of solid waste. Currently, residential solid waste produced in the Lake Elsinore area is disposed of in the Double Butte landfill site located at 31710 Grand Avenue in Winchester. The site is owned and operated by the County of Riverside. Development of the Project will shorten the useful life of this landfill . . Findings: The City hereby makes finding (2) . Facts in Suppolt of : The following measures will mitigate the identified impact to a level of insignificance. (a) Riverside County is currently reviewing the potential for expansion of the present site or alternative facilities under its State law obligations relating to solid waste plans. Such expansion or alternative facilities will provide solid waste service for the Project. 2 .7.4 Development of the Project may increase the demand for natural gas. Fins_: The City hereby makes finding (1) . Facts in SUPRort of : The following measures will mitigate the identified impact to a level of insignificance. (a) The Project site is within the service limits of the Southern California Gas Company. (b) The Facts in Support of Findings in Section 1.3.1(e) are hereby incorporated by reference. 2.7.5 Potential .ffpQt : Development of the Project will increase the demand for electric service. -17- Findings : The City hereby makes finding (1) . Facts in Support _gf Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The Project site is within the Southern California Edison Company service area . Power lines will be placed underground. (b) The Facts in Support of Findings in Section 1.3 . 1(e) are hereby incorporated by reference. (c) The Project will be phased to reduce large electricity consumption during initial years. 2.7. 6 Development of the . Project will increase demand for telephone service. Findings : The City hereby makes finding (1) . Facts in Support of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) The Project site is within the General Telephone Company service area . All new telephone lines will be buried. 2.7.7 Potgntial Effect: Development of the Project will increase the demand on police protection services . The Riverside County Sheriff 's Department currently provides police protection services for the Project area . Findings : The City hereby makes finding (1) . Facts in r2uppQrt of Findin_qZ,: The following measures will mitigate the identified impact to a level of insignificance. (a) The Riverside County Sheriff' s Department will provide police protection services to the Project site from an existing police substation located at 117 South Langstaff in the City. This station is located approximately 10 miles from the Project site, with an average response time of less than 10 minutes. (b) Street patterns and building locations will be designed for good visibility. -1$- (c) Tax revenue from the Project will provide additional funding for any increase in police protection. 2.7 . 8 Potential Effect: Development of the proposed Project will eliminate some native sage scrub vegetation and replace it with houses and ornamental landscaping. In addition to the fire hazards to new homes, brush fire hazards will still exist on the portion of the Project site left in open space. The Project site is within an area of extreme wildland fire danger due to unique weather factors, topography and other risk influences . Findings : The City hereby makes finding (1) . Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The Riverside County Fire Department, under contract with the City, will provide fire protection services to the Project. Services will be provided from the Elsinore fire station located at 410 West Grand and from the substation at Greenwald Avenue. Response times will vary between 5 and 12 minutes to any location within the Project site. - (b) Brush will be cleared to establish a fire break in open space immediately adjacent to developed areas . Additional tax revenue derived from the Project will provide funds for added fire protection services and a one-acre site will be preserved for a future fire station. (c) The developer will establish fire breaks in accordance with appropriate standards and establish a fire break plan approved by Riverside County Fire Department and the Community Development Director. 2 .7.9 Development of the Project will generate additional demand for educational services. Existing school facilities are near or at capacity. The Project site is located within the Lake Elsinore Unified School District . Findings : The City hereby makes finding (1) . Facts in SUPPOrt-of : The following measures will mitigate the identified impact to a level of insignificance. -19- i (a) An agreement has been reached between the developer and the Lake Elsinore Unified School District pursuant to which an 11-acre elementary school site and an adjacent 5-acre park will be provided in the central portion of the Project site. There will be a further agreement between the Project developer and the school district covering mitigation of impacts on high school services. 2.7.10 Development of the Project will result in an increased demand for parks and recreational facilities. Findings : The City hereby makes finding (1) . Findings :Fagts In Support of The following measures will mitigate the identified impact to a level of insignificance. (a) Lake Elsinore is a state recreational area, and Lake Elsinore State Park is located on the northwest shore of the Lake near the Project site. in addition, two County parks are located in the vicinity of the Project site, Kabian Park and Lake Skinner County Park. Further, Yarborough Park is located in the downtown area of the City, approximately 2 miles to the east of the Project site. (b) Three park sites are provided in the development plans for the Project, for a total of approximately 46 acres of park site; additionally, there is a 26-acre lake located in the northern portion of the site. Parks, private recreation areas, open space and a wildlife corridor and lake area comprise approximately 253 acres of the total Project site. Recreation area facilities include a swimming pool, basketball and tennis courts, picnic areas and totlots. 2 .8 2.8 . 1 Potential Effect: Development of the Project will result in increased energy consumption, both for vehicle trips and for household and commercial uses . Findings : The City hereby makes finding (1) . FactZort cf Findi The following measures will mitigate the identified impact to a level of insignificance. -20- W—M 12s (a) The Facts in Support of Findings contained in Section 1 .3 .1 (b) , (c) , (d) and (e) are hereby incorporated by reference. (b) The Project will be phased to reduce large energy consumption during the initial years of Project development. 2.9 Growth Inducing Impacts 2.9. 1 Potential ,Ff,f_Qrt: Due to the increase in the number of residents as a result of the Project development, growth in local retail and service business is likely, as is an increase in government employment for purposes of providing new services to residents of the Project. Due to these increases in demand for various services, some additional development in areas nearby to the Project site is anticipated. Findings : The City hereby makes finding (1) . Facts in Support _Qf_Findings : The following measures will mitigate the identified impact to a level of insignificance. (a) The developer of the Project will dedicate an 11 acre elementary school site and pay school fees (or make equivalent dedications, etc.) to the Lake Elsinore Unified School District pursuant to a revised agreement with the district. (b) Development of the Project includes a small neighborhood commercial center to provide retail and other services to Project residents. (c) Development of the Project will be phased so that impacts to existing conditions will occur gradually. 2 .10 Cumulative Impacts 2. 10 . 1 Potential Effect: Three other development projects have been approved in the general vicinity of the Project site, Ramsgate, Cottonwood Hills and the Friedman property. The effects of these projects, in addition to the effects of the Project, could have adverse cumulative impacts on biological resources (vegetation and wildlife) , air quality and traffic. -21- 3 i r Fi ndinas: The City hereby makes finding(s) (1) and (2) with respect to all cumulative impacts other than those impacts discussed in Sections 1.3 and 1.4: Facts in Support of Finding: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the surrounding projects may be expected to have an adverse cumulative impact on the habitat of the Stephens' Kangaroo Rat. Development projects in the vicinity of the Project will be required to participate in Riverside County fee programs to find purchases of high-quality SKR habitat preserve, or to participate in the Riverside County Habitat Conservation Program, once this program is approved. (b) The Facts in Support of Findings in Sections 1.3 and 2 . 6. 1(b) and (c) are hereby incorporated by reference. FINDINGS REGARDING UTERNA11Y S 3.1 "jig Project" Alternative. 3 . 1. 1 Description gf Alternative: The EIR describes the "no project" alternative as a continuation of existing conditions on the Project site. 3 . 1.2 Project :to the Effects of the Proposed The City hereby finds that the "no project" alternative is environmentally superior to the Project because it would eliminate those environmental effects of the Project identified in Sections 1 and 2. 3. 1.3 Effectiveness in Meeting Project QbiectiYen: The "no project" alternative would not meet Project objectives specified in the EIR because it would not satisfy, in part, the demand for quality dwelling units in the Lake Elsinore area, would not create a residential environment providing open space, park, wildlife corridor areas and recreational facilities, and would not provide the developer of the Project with a reasonable return on his investment. Additionally, the "no project" alternative would not provide the benefits associated with the acquisition of Stephens ' Kangaroo Rat habitat off-site, including the opportunities for enhanced management of Stephens' Kangaroo Rat habitat and opportunities for preservation of that endangered species. Further, the "no project" alternative would -22- result in increased demand in areas surrounding the City of Lake Elsinore for residential developments of the type proposed in the Project, with a resultant loss of control over development within the City limits and the City's sphere of influence. 3. 1.4 Feasibility: The "no project" alternative is not feasible. Facts _,in 5upport of Findings: (a) The "no project" alternative is not feasible because this alternative fails to meet any of the Project objectives or to provide any of the Project benefits set forth in Section 3.1.3. (b) The "no project" alternative is infeasible because it fails to provide the economic and social benefits described in Section 3. 1.3, including enhancement of the long-term survivability of the Stephens ' Kangaroo Rat, provision of housing within the City in furtherance of the General Plan, and maintenance of City control over local residential development. 3 .2 Decreased Overall Density Alternative 3 .2.1 Descrlptign of Alternative: This alternative would involve a reduction in the number of single family dwelling units below the minimum number proposed by the developer. 3 .2.2 Project:tg the 'Effects of the PrgpQsed The City hereby finds that this alternative is environmentally superior to the Project because it would reduce the adverse impacts . described in Sections 1 and 2 associated with the proposed Project. 3 .2.3 Effectiveness in Meeting Puiect Objectives : The decreased overall density alternative would not meet Project objectives specified in the EIR because it would not result in economically feasible development on the Project site based on market conditions [need more facts in the record] . Therefore, none of the Project benefits identified in Section 3 .1.3 would be achieved. 3 .2.4 Feasibility: The decreased overall density alternative is not feasible. -23- G / l A Facts in Support of Findings : This alternative would require development of the Project site in a fashion which is economically infeasible based on current conditions. The Project applicant has concluded that this alternative is not economically feasible due to the significant amounts of grading which must be accomplished to allow any residential development to occur at the Project site. Although the adverse environmental impacts identified in Section 2 would be somewhat reduced if a lower overall density of development on the Project site were to be achieved, the density reduction would effectively stop the Project from being developed and therefore the concommitant benefits of the Project described under Section 3 . 1.3 would be lost. 3.3 Incre_a5Qd Overall Density Alternative: 3 .3 . 1 escrintion of : This alternative would increase the number of single family units to be developed on the Project site above the 2,000 units proposed by the Project developer. 3 .3 .2 Comparison gf the Effects of the- &Iternative to the Effects Qf the roposed project : The City hereby finds that this alternative is not environmentally superior to the Project . Facts in Suport of Finr��of : (a) Increased overall density would result in a greater demand on off-site traffic infrastructure, public services (including police and fire protection, schools , potable water supplies, wastewater treatment, and solid waste disposal) and public utilities services. Adverse air quality impacts would be increased, and, unless additional units were tightly clustered, impacts on topography and land forms would be exacerbated. Project site drainage could be adversely affected as well. 3 . 3 .3 Effectiveness in Megting Project Objectives : The increased overall density alternative would meet the Project objectives . 3 .3 .4 Feasib��: The increased overall density alternataive is feasible, but would result in increased levels of adverse impacts on the environment. -24- r' FINDINGS REGARDING MITTG,&TION MONITORING PROGRAM 4 .1 RealliXgMent of Mitigation Monitoring_ Praaram. Section 21081. 6 of the Public Resources Code requires that when a public agency is making the findings required by Section 21081(a) of the Public Resources Code, that Agency shall adopt a reporting or monitoring program for the changes to the Project which it has adopted or made a condition of Project approval in order to mitigate or avoid significant effects on the environment. The City hereby finds that the Mitigation Reporting and Monitoring Program set forth in Exhibit to meets the requirements of Section 21081. 6 of the Public Resources Code. COHEN: 101 —25— lI r IT APPENDIX 15 TO THE SPECIFIC PLAN TO RESOLUTION 8913 �2fi`�� {�.r:,:: :.:5:-:::Y;c:,,\�'S:°;�xs:�.;�tR ,'��>``•`S. ,c'�: 1 � a,Z,yp ;. 4 Gp?CLG°'� '"L"'y`N3:Y:r"4`C• 6' io�':i.ME\C r� �r{,.) IXO'°�.v ']C 4:�: aCGWr. :44: �{{.; ,:.3;.}• �°: :F:`��:•?ktl''-,2Yv?�i:a�{ O{.}i.... .yi�., :Zpo? ''vim k � •ri\?� ��,�4{P . _ ?,.:2,�ai'C: :$y:^cF :;:}?,• ��:�:.;;� ':s�:r•�E� �� o: :r`-.:: �C� .oti:�.io-.:;y3 g':: .'cy 'f 4. 1 II o, •raa � M' ;ak NMGAn0NM0-Nff0-MG pl AND F"ORnNG , R 0G J NOVEMBER 1989 u� I..'��i�w-�w _•��.. -,>._-..u«�.�'..GL�'Awc'�asww•.'�'>'�{. a3-..aC..:'.. -.�..::.. � -� �-� • .. '.. .. r. . TUSCANY HILLS MITIGATION MONITORING AN D REPORTING PROGRAM Recently enacted legislation (Assembly Bill 3180) , codified as Section 21081 .6 of the Public Resource Code, requires public agencies to set up monitoring and reporting programs for the purpose of ensuring compliance with those mitigation measures identified in environmental impact reports and negative declarations, and adopted as conditions of project approval . Presented in the accompanying matrix are those mitigation measures which have been identified in the "Findings and Facts in Support of Findings Adopted by the City Council of the City of Lake Elsinore Regarding the Environmental Impact Report for the Homestead Land Development Corporation Tuscany Hills Development. " Adjacent to each mitigation measure is a description of how that measure will be adopted, enforced or incorporated into this Specific Plan and how compliance will be monitored (in accordance with A.B. 3180) . _._�. ��'vw�,;•a".r:`.�ula'?aca`..r_.L.,;�iv:•w�.�k.,.......,¢ ,_.. __ L..,..im,'>�._. .,......__. _ ,.... ... .. ... ., .. .. -. I •1+ U 4- •r � J ! 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Single-loaded streets will be Community Development Adoption of the Specific Plan shall utilized to help maintain the Director constitute compliance with this miti- natural land form. gation measure. Seismic 5. The design of fill slopes and Chief Building Issuance of grading permits and moni- embankments will be sufficient. Official toring through the building inspec- to minimize earthquake im- tion process shall constitute compli- pacts. Proper design, compac- ance with this mitigation measure. tion and construction will Applicant's soils engineer or engi- reduce the potential for land- neering geologist shall submit a slide impacts on manmade final report indicating compliance slopes. with approved grading pian(s) . 6. All proper design criteria City Engineer Building design shall be in accor- will be employed to minimize dance with Uniform Building Code potential impacts to and from standards and shall be verified dur- local geologic formations. ing the plan check process. Issuance All seismic building require- of building permits shall constitute ments will be met to reduce or compliance with this mitigation mea- eliminate impacts from seismic sure. activity on structures. Pro- per engineering will ensure foundation integrity against differential settling. a; I t TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Air Quality 7. Dust generation will be con- City Engineer/Chief Watering of graded areas to minimize trolled by watering areas Building Official fugitive dust shall occur in accor- pr for to and during grading. dance with the approved grading Landscape vegetation will be plan(s) and the requirements of the introduced as soon as con- soils engineer or engineering geolo- struction is completed. gist. Monitoring of compliance shall be undertaken by the building inspec- tor as part of the building inspec- tion process. 8. The number of vehicle miles None No monitoring required. traveled for home-to-work trips may be reduced by: I) various governmental efforts to induce more employers to locate in the Tri-Community Area to reduce trip length; and 2) governmental efforts to provide bus service from the �- Project area to employment centers in surrounding areas. 9. The developer will provide Building Inspector Compliance will be monitored by veri- information concerning the fication by the building inspector Cal-Trans ride-sharing program subsequent to the initiation of on- to new home buyers at its site marketing activities. sales office. IO. The neighborhood commercial Community Development Approval of the Specific Plan shall center will provide for a por- Director constitute compliance with this miti- tion of the retail needs of gation measure. the Project residents. ,..�. r'--"' r--"-'� r^—++�a �✓"• ww'ww �wr.y ar��L[ lrr+w{ rrw..� ^� .�.-1 """.r� €, r. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Air Quality = (Continued) 11. The Project developer will use City Engineer Prior to the issuance of building energy conserving design and permits for individual dwelling units construction techniques as or habitable commercial buildings, required under State law and applicant shall submit and the City will comply with the require- shall review and approve Title 24 ments of Title 24 of the Cali- energy calculation. Issuance of fornia Code of Regulations. building permits shall constitute compliance with this mitigation mea- sure. Biological Environment 12. Development of the Tuscany Community Development Adoption of the Specific Plan shall Hills site will begin in the Director constitute compliance with this miti- southern portion and will pro- . gation measure. gress northward in phases. Phasing will allow for a more orderly movement of larger �- animals from the study site to surrounding undeveloped area. The open space area in the southern portion of the study area will provide habitats for some of the smaller animals. 13. Natural contours and topogra- Community Development Adoption of the Specific Plan shall phic features will be pre- . Director constitute compliance with this miti- . served to the greatest extent gation measure. possible in the open space areas and within a planned 31 acre wildlife corridor. The wildlife corridor provides potential links to existing .+r+.; =Z- �tr TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation._Measure For Monitoring Monitoring Program Verification Biological Environment (Continued) federal Bureau of Land Manage- ment parcels. Natural open space areas of the Project comprise approximately 170 acres, including a 117 acre parcel near the watertank site and a 37 acre open space/park area, will be offered for de- dication to the City. In to- tal , open space, parks, pri- vate recreation areas, lake and wildlife corridor areas comprise approximately 253 acres. An additional 88 acres of manufactured slopes will be contained within the Project site. ti 14. Protection of open space and Community Development Applicant shall comply with the sub- riparian settings will be ac- Director mittal requirements of Sections 1603 complished through compliance of the Fish and Game Code and shall with Fish and Game Code Sec- obtain permits, as may be required, tion 1603 and the issuance of from the California Department of a 1603 permit from the Cali- Fish and Game. Prior to the issuance fornia Department of Fish and of grading permits, Applicant shall Game. submit and the Community Development Director shall verify compliance therewith. 15. A variety of plant species Community Development- Adoption of those landscape guide- will be used for landscaping, Director lines contained in the Specific Plan as appropriate to soil condi- and approval of tract-specific land- tions. scape plans shall constitute compli- ��,. � i �r �.......� r-•� �..� r—.... i.--'.^'.�; ,^r--.• ..r..� w...w M�r.r..q nwti�r ..wwwy r..w.w .+.-+'.` •..�} TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring, Program Verification Biological Environment (Continued) the Secondary Preserve Site, as described in the Conserva- tion Agreement, and shall ex- ecute an irrevocable offer of dedication of the Secondary Preserve Site to the City of Lake Elsinore or to another entity approved by the United States Fish and Wildlife Ser- vice. 19. The developer and its succes- Community Development Execution and implementation of the sors in interest shall manage Director Conservation Agreement shall consti- the Initial Preserve Site and tute compliance with this mitigation the Secondary Preserve Site in measure. a manner which is consistent with the conservation and pro- tection of the SKR and its habitat. 20. The authorization to take any Community Development Execution and implementation of the endangered or threatened spe- Director Conservation Agreement shall consti- cies, pursuant to Sections tute compliance with this mitigation 7(b)(4) and 7(o)(2) of the measure. Endangered Species Act of 1973, as amended, shall not be effective until the developer executes the Conservation Agreement and completes the acquisition of that Initial Preserve Site described there- 3 in. The extent of any author- ization to take any endangered Y 1 8 TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility �tr.. Mitigation Measure For Monitoring Monitoring Program Verification = ?� • Biological Environment (Continued) or threatened species shall be limited to the grading of not more than 235.3 acres of oc- cupied SKR Habitat until the developer completes the acqui- sition of the Secondary Pre- serve Site, as set forth therein. 21. The developer and its succes- Community Development Execution and implementation of' the sors in interest shall not Director Conservation Agreement shall consti- alter or modify any SKR habi- tute compliance with this mitigation tat in the Initial Preserve measure. Site or the Secondary Preserve Site without prior approval by the United States Fish and Wildlife Service. 22. Authorization for incidental Community Development Execution and implementation of the take will be conditioned upon Director Conservation Agreement shall consti- implementation and compliance tute compliance with this mitigation with the Conservation Plan as measure. required by the Conservation Agreement to be signed by the developer, the United States Fish and Wildlife Service, and the City of Lake Elsinore. 23. The developer and its succes- Community Development Execution and implementation of the sors in interest shall comply Director Conservation Agreement shall consti- with the reporting require- tute compliance with this mitigation ments of the Conservation measure. Agreement/Conservation Plan. fi ��.__._ �...,�..�, r � ("^"""'.. jr.�• ram.,. per...,..., r.......w ..Anr+l OW WWA "b"b"y OVNr.64 w..M.r TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification E• • Biological Environment (Continued) 24. If incidental take at any time Community Development Execution and implementation of the does not comply with the pro- Director Conservation Agreement shall consti- visions established in the tote compliance with this mitigation Incidental Take statement, the measure. developer shall ensure that the causative action cease immediately, and shall seek the immediate assistance of the United States Fish and Wildlife Service (Laguna Niguel Field Office) to evalu- ate the impacts of incidental take and make recommendations to rectify the situation. 25. Any Stephens' Kangaroo Rats Community Development Execution and implementation of the recovered shall be deposited Director Conservation Agreement shall consti- in the mammal collection of tute compliance with this mitigation \ the Natural History Museum, measure. County of Los Angeles. Geology and Soils 26. Earthwork will balance cut and City Engineer Compliance to be monitored at the fill on-site and will not re- Building Inspector time of issuance of the grading per- quire any import or export of mit(s) and shall be monitored by the soil . Grading activities will building inspector as part of the conform as much as possible to building inspection process and ap- existing contours. All proper proval of all grading activities by soil and engineering analyses the Applicant's soils engineer or will be done prior to grading. engineering geologist. All grading activities will conform to City requirements. ,.i#: �� , r^---�. r-`�. ��. �'.� �� w...r.�", �+. '�"w�` YwWW 1MiWrr wOWrw !.➢rMr n'".'q'� ."""rh 'r-"'� u.'"n�'"i! F� 1 i TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification ..., Geology and Soils (Continued) All soils on-site can be work- ed with a minimum amount of preparation, with the excep- tion of the Bosanko clays. Proper caution will be exer- cised during removal or fill- , mixing with these clays to eliminate any possible impacts related to expansion. 27. Construction activities such Building Inspector Grading activities shall be monitored as watering and soil stockpil- in accordance with the approved grad- ing will be monitored to con- ing plan(s) . Issuance of final grad- ; trot on-site and off-site sail ing approval by the building inspec- erosion. for shall constitute compliance with this mitigation measure. Hydrology and Flood Control ti 28. Construction activities will City Engineer Compliance to be monitored at the be designed to contain off- Building Inspector time of issuance of the grading per- site runoff. Watering will be mit(s) and shall be monitored by the kept to the minimum required building inspector as part of the for compaction and dust sup- building inspection process. pression. Any steep, exposed manmade slopes will be covered or hydroseeded to prevent off- site sediment transport. - TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Hydrology and Flood Control (Continued) 29. Subdrains will be constructed City Engineer Compliance to be monitored at the in canyon fill areas where Building Inspector time of issuance of the grading per- necessary. These drains will mit(s) and shall be monitored by in- collect existing and future spection and approval by the building groundwater flows. Surface inspector as part of the building drains and subdrains may be inspection process and approval of necessary for buttress or fill all grading activities, including the stabilization. All required installation of subdrains, by the curb, gutter, and storm drain applicant's soil engineer or engi- structures will be constructed neering geologist. to channel surface runoff off- site. 30. Frequent street cleaning by Community Development Dedication and acceptance of Project the City will reduce the po- Director area street shall constitute compli- tential for runoff pollutants ance with this mitigation measure. produced by this Project. 31. Specific drainage systems will City Engineer Compliance to be monitored at the be designed as each planning Building Inspector time of issuance of the grading per- area within the Project site mit(s) and shall be monitored by in- develops. All drainage sys- spection and approval by the building tems will comply with adopted inspector as part of the building City standards. Drainage sys- inspection process and approval of terns shall utilize natural all grading and drainage improvements drainage channels to the by the applicant's soils engineer or greatest extent possible, with engineering geologist. improvements as necessary to accommodate expected flows from new development. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM k Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Hydrology and Flood Control (Continued) - 32. The developer will construct City Engineer Compliance to be monitored at the drains and subdrains to inter- Building Inspector time of issuance of the grading per- cept run-off. The developer mit(s) and shall be monitored by in- will establish an erosion con- spector as part of the building in- trol plan to be in effect dur- spection process. ing and after construction to be subject to approval of the City Engineer/Chief Building Official prior to issuance of grading permits. 33. The developer will develop a Community Development Applicant shall submit, for approval Master Landscape Installation Director by the Community Development Direc- and Maintenance Plan for pub- tor, a Landscape Installation and lic and private land areas to Maintenance Plan. Approval of that be subject to approval of the plan shall constitute compliance with Community Development Director this mitigation measure. or his designee. Cultural Resources \ 34. The developer shall provide Community Development An archaeological records search further testing and documenta- Director (University of California, Riverside tion of sites and appropriate 10/89) included as part of Addendum mitigation as recommended by a to the FEIR (SCH No. 79082906) , docu- qualified archaeologist prior mented prehistoric resources in the to issuance of further grading project vicinity. Applicant shall permits. Appropriate mitiga- submit, and the City shall approve, tion measures will be under- further documentation of on-site cui- taken to reduce or eliminate tural resources prior to the issuance adverse impacts to archaeolo- of grading permit(s) . Issuance of gical resources discovered on those permits shall constitute com- the project site. pliance with this mitigation measure. TUSCANY HILLS r`< MITIGATION MONITORING AND REPORTING PROGRAM a Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Cultural Resources (Continued) 35. The developer shall provide a Building Inspector The building inspector, during review qualified paleontologist to be of grading activities, shall monitor present during grading, empow- compliance with this mitigation mea- ered to stop grading temporar- sure. ily for the recovery of fossil remains during grading within suspect geologic formations as identified in preliminary and final geologic and soils re- ports. Land Use. Zoning and General Plan 36. The Specific Plan for the Pro- Community Development Adoption of the Specific Plan shall ject is being processed under Director constitute a determination of project City Code Section 17.99.060 consistency and represents compliance (Nonconditional (SP) Specific with this mitigation measure. Plan Zoning Procedure) Pursu- ant to this procedure, the Project will receive the (SP) Specific Plan zoning designa- tion concurrently with the approval of the Specific Plan documents. Zoning within the Specific Plan area will be governed by the Specific Plan. The Project developer shall comply with all provisions of the Zoning Ordinance for the City, including all applicable i provisions of Chapter 17.99 of the Zoning Ordinance and the �Y k Ji TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Land Use Zoning and General Plan (Continued) provisions of the Specific Plan. To the extent of any conflict between the Zoning Ordinance and the Specific Plan, the provisions of the Specific Plan will govern. 37. The Specific Plan describes a Community Development Adoption of the Specific Plan shall, methodology for assuring the Director constitute compliance with this miti- adequate provision of public gation measure. services and facilities for the land uses specified in the Specific Plan. 38. The development standards and Community Development Adoption of the Specific Plan shall design guidelines for the Pro- Director constitute a determination of Project ject specified in the Specific consistency and represents compliance Plan will ensure that the land with this mitigation measure. uses planned for the Project and the development of the Project will be compatible with the surrounding land uses. Traffic and Circulation 39. The proposed development has Traffic Engineer Compliance will be monitored at the an adequate internal circula- time of final tract map approval . tion system to handle project- Approval of the final tract map shall ed traffic loads, constitute compliance with this miti- gation measure. /win{ M 1 PAP* ' r"'�r ......... zt. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Traffic and Circulation (Continued) 40. All minor streets intersecting Traffic Engineer Compliance will be monitored at the with the proposed 88-foot time of final tract map approval . north-south "Secondary Arter- Adoption of the final tract map shall ial " shall be controlled by constitute compliance with this miti- stop signs on the minor gation measure. streets. 41. The approaches of the internal Traffic Engineer Compliance will be monitored at the roadways toward Greenwald time of final tract map approval . Avenue shall be controlled by Adoption of the final tract map shall stop signs. constitute compliance with this miti- gation measure. 42. The Project is required to Traffic Engineer Compliance will be monitored at the participate in an assessment time of final tract map approval . district for off-site improve- Approval of the final tract map shall ments. If a traffic signal is constitute compliance with this miti ultimately warranted at the gation measure. \ intersection of Summerhill Drive and Railroad Canyon Road, the Project developer would contribute that portion of the signal cost which cor- responds to the volume of in- tersection traffic caused by this development. t r--- r---- r----- r---- --- �'-�'-- !-ft - r--�• r--� r�A°M '�M"S '"'1� �w'M1 "`�'�! �+ 1 `�""q rq > i I f I TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Public Services and Utilities azy. Water Supply 43. The Project developer has re- Community Development Applicant shall deliver to the City a ceived a "will -serve" letter Director copy of the "Will Serve" letter from from the Elsinore Valley Muni- the Elsinore Valley Municipal Water cipal Water District for the District. Receipt of that letter by southern portion of the site. the City shall constitute compliance with this mitigation measure. 44. The water distribution system City Engineer Prior to the issuance of a Certifi- for Tuscany Hills will be cate of Occupancy for the first phased in accordance with the dwelling unit to be constructed, the phases of construction. Water City Engineer shall ensure the com- storage facilities will be pletion of all water storage facili- constructed in the first phase ties. Issuance of that Certificate of infrastructure improve- of Occupancy permit shall constitute ments. compliance with this mitigation mea- sure. ti 45. The developer will use all City Engineer Unit design will incorporate State water saving devices required mandated water conservation measures. by State law. This mitigation measure shall be en- forced at time of building permit issuance. Sanitary Sewers 46. The Project developer will City Engineer Prior to the approval of any final provide necessary on-site lift tract map, the location, phasing, stations and extend lateral bonding and details of the sanitary lines to the existing regional sewer facilities shall be determined sewage treatment facility. !, by street configuration, lot layout The siring and construction of and gravity flow. Approval of the all sewer facilifiiPs shall be final tract map shall constitute com TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Sanitary Sewers (Continued) coordinated through the Elsi- g pliance with this mitigation measure. pore Valley Municipal Water District. Solid Waste 47. Riverside County is currently Community Development The Project shall comply with appli- reviewing the potential for Director cable provisions of A.B. 939 as enac- expansion of the present site ted by the City. Approval of the or alternative facilities un- final tract map shall constitute com- der its State law obligations pliance with this mitigation measure. relating to solid waste plans. Such expansion or alternative facilities will provide solid waste service for the Project. Electricity 48. The Project site is within the City Engineer The conduit system for any electrical Southern California Edison service, with associated concrete Company service area. Power manholes and vaults, shall be in- lines will be placed under- stalled underground in accordance ground. with utility company and City re- quirements. Approval of final tract maps shall constitute compliance with this mitigation measure. 49. The Project will be phased to Community Development Adoption of the Specific Plan shall reduce large electricity con- Director constitute compliance with this miti- sumption during initial years. gation measure. �V ----- r r.`..`^ "-�.."` r-�� r--..• s w...... r....rr - K•.+.r j+.wn*w wn+� Own" _Wnway ur TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification zi Telephone Service 50. The Project site is within the City Engineer The conduit system for all telephone General Telephone Company ser- service shall be installed under- vice area. All new telephone ground in accordance with telephone lines will be buried. company and City requirements. Ap- proval of the final tract map shall constitute compliance with this miti- gation measure. Police Services 51. Street patterns and' building City Engineer Approval of final tract maps shall, locations will be designed for constitute compliance with this miti- good visibility. gation measure. 52. Tax revenue from the Project None No monitoring .required. will provide additional fund- ing for any increase in police protection. Fire Department Services 53. Brush will be cleared to es- Fire Marshall (County) The Riverside County Fire Department tablish a fire break in open shall annually monitor brush condi- space immediately adjacent to tions to assess fire hazard proximal developed areas. to existing development. Posting and/or other notification by that Department shall constitute compli- ance with this mitigation measure. 54. Additional tax revenue derived Community Development The Specific Plan shall identify a from the Project will provide Director/Fire Marshall one-acre site for a future fire sta- funds for added fire protec- (County) tion. Adoption of the Specific Plan tion services and a one-acre 3 shall constitute compliance with this site will be preserved for a mitigation measure. future fire station. TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring_Program Verification Fire De artment Services (Continued) 55. The developer will establish Community Development Applicant shall submit and the City fire breaks in accordance with Director/Fire Marshall and the County Fire Department shall appropriate standards and es- (County) approve a fire break plan for the tablish a fire break plan ap- Project area. Acceptance of that proved by the Riverside County plan by the City and County shall Fire Department and the Com- constitute compliance with this miti- munity Development Director. gation measure. Educational Service's 56. An agreement has been reached Community Development Dedication of real property for on- between the developer and the Director/Superinten- site school facilities, and accep- Lake Elsinore Unified School dent of Schools tance of that dedication by the Lake District pursuant to which an (School District) Elsinore Unified School District, 11-acre elementary school site shall constitute compliance with this and an adjacent 5-acre park mitigation measure. will be provided in the cen- tral portion of the Project Prior to the issuance of building site. There will be a further permits, the City shall further veri- agreement between the Project fy the payment of any applicable developer and the School Dis- school fees. Issuance of building trict covering mitigation of permits shall constitute compliance impacts on high school ser- with this mitigation measure. vices. Recreational Facilities 57. Three park sites are provided Community Development Approval of the Specific Plan shall in the development plans for Director constitute compliance with this miti- the Project, for a total of gation measure. approximately 46 acres of park j sites. Additionally, there is a 26-acre lake located in the r` TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Responsibility Mitigation Measure For Monitoring Monitoring Program Verification Recreational Facilities (Continued) northern portion of the site. Parks, private recreation areas, open space and a wild- life corridor and lake area comprise approximately 253 acres of the total Project site. Recreation area facili- ties include a swimming pool , basketball and tennis courts, picnic areas and tot-lots. Energy Conservation 58. The Project will be phased to Community Development Adoption of the Specific Plan shall reduce large energy consump- Director constitute compliance with this miti tion during the initial years gation measure. of Project development. Growth-Inducing Impacts 59. The developer of the Project Community Development Dedication of real property for on- will dedicate an II-acre ele- Director/Superinten- site school facilities, and accep- mentary school site and pay dent of Schools tance of that dedication by the Lake school fees or make equivalent (School District) Elsinore Unified School District, dedications, etc.) to the Lake shall constitute compliance with this Elsinore Unified School Dis- mitigation measure. trict pursuant to a revised agreement with the district. Prior to the issuance of building permits, the City shall further veri- fy the payment of any 'applicable school fees. Issuance of building permits shall constitute compliance with this mitigation measure. eP4; 1 TUSCANY HILLS f' MITIGATION MONITORING AND REPORTING PROGRAM t: <` Responsibility Mitigation Measure For Monitoring Monitoring Program Verification P Growth-Inducing Impacts. (Continued) 60. Development of the Project Community Development Approval of the Specific Plan shall includes a small neighborhood Director constitute compliance with this miti- commercial center to provide gation measure. retail and other services to Project residents. Cumulative Impacts 61. Development of the surrounding Community Development Adoption of an Urgency Mitigation`>Fee projects may be expected to Director Ordinance and execution of a Memoran- have an adverse cumulative dum of Understanding with the County impact on the habitat of the of Riverside relative to the Interim Stephens' Kangaroo Rat. De- Habitat Conservation Plan shall con- veiopment projects in the vi- stitute compliance with this mitiga- cinity of the Project will be tion measure. required to participate in Riverside County fee programs to fund purchases of high-qua- lity SKR habitat preserves, or to participate in the River- side County Habitat Conserva- tion Program, once this pro- gram is approved. 4517/77 - _ EXHIBIT D - TO RESOLUTION 8913 ;++r-•r•ax ,.•4,: r,: +:+}„AC'•:�i:'w,. �'f: ,r�'i�o..+�:,;.a,yu,H y�,.4..}f:�::��'^':.+b {:fr..t�':-:'�;V..}:•:'?'{..--r�'•''S`!��v� n{P. fi•��:�•1'.�ti}•.i:?J$,',45�,atg.,4,v.�4.`4'�i:2::>:•:.t4�:;f.}� Y�:\^�:t•, Q��:`:Svv,��u{O.na:S�.bi�Ovi:Si:}:C:i:2:Jovl.::..Ynuv.�'ri'<_O:A{J.k1.•jr J:.x:.. • ...5'�'.�.O:ji`fa�^�':.:::}}a�l:ati.S.v.vn}{vr�. .:j>}O"'�''':0.�:.{.p:?f�f:.<v<fi{...:..:::}:,Yro:{r:�,S.-}. :n.:.::;{.. .......,' .,w ::b.;f aa:}..:: :xt;}:: ,•:y4:. ,"yay e$:;n»y cF} ?y«ti ` . av .:: 'cP:f Oy .i•.R:X,.'•-s"t i:•�i: - -:'�v},tOY:'' ,: S +:4¢ 4 '':;Ftt.::- .}f.t�; :.t�4:u.: :��4:Y•1'u�::<. �i{ +;i{:+v.:?�i :.` :;uJ'.'hr'!i.:i�M1 .:G.0 ::.4:•:}tn;>':O:r:b.y �� :C•. ::4�: :f'r' ':nppi-:{?:{.}'j�v.{�: }:t:.•.�:J'{.J;�: r -»ar+:t:}�:t;{.��:�:5 Svio..ryv�};O}" :�iryA'. :.\` :'± %{: �::< J.:, 4'�+• :}uy.f:. .�..rii'v`}:n?SOr'ti�'�.: �v:}�t4:<r:��t: ,{v: if4\ rr.4:.v:{:{.}:��:�•}.j'}'{�i?�}.:..::: 6� III t 'f r% r SPEC PLAN SUBMITTED TO: CITY OF LAKE ELSINORE NOVEMBER 1989 .,�.�:�*acetic`cis',....,�-au?tssi::�r`<'�'-i%�'`��:,�.:ti:`:.��z;+gyres:U:::�.:f=•._:..,.n.A�":`_r. .-., ..-. _ ,. _ . i r 1 TUSCANY HILLS SPECIFIC PLAN PREPARED FOR HOMESTEAD LAND DEVELOPMENT CORPORATION _ NOVEMBER, 1989 r r ` TABLE OF CONTENTS Section pace I. Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Site Description . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . 3 . . . Project Overview 3 Project History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Purpose and Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 III. Site Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Topography. . . . . . . . . . . . . . . . . . . . . . . . . 9 Geology . . . . . . . . . . . . . . . . . . . . . . . . . 9 Seismicity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Hydrology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Biology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Archaeology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 EIV. Land Use Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . Land Use 16 OpenSpace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 V. Circulation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 VI. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Water Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Wastewater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 VII. Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 �. Police Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Fire Protection . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Parks and Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 VIII. Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 �- - Single Family Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Neighborhood Commercial Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Open Space/Recreation Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 i r Page- IX. Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 General Guidelines, Purpose and Theme . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Landscaping Guidelines . . . . . . . . . . . . . . . . . . 54 . . . . . . . . . . . . . . . . . . . . . Site Planning Guidelines 73 Architectural Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 - Community Walls and Fences . . . . . . . . . . . . . . . . 77 Signage Program 79 FX. Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 f Consistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Specific Plan Modifications/Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 81 XI. Project Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 XII. Project Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Appendices A. Definitions B. Technical Appendix to the Specific Plan (bound separately) EXHIBITS FAge 1. Regional Vicinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Project Vicinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Conceptual Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Planning Approval History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Hydrology Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6. Concept Grading Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7. Surrounding Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8. Land Use Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 9• Pen O Space Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 P 10. Circulation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 11. Street Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 12. Street Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 13. Water Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 _ 14. Sewer Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . 31 15. Storm Drain Facility Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 16. Typical Model Complex Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 17. Signage Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 18. Signage Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 �._ 19. Setbacks in the R-SF Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 20. Garage Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 21. Model Signage Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 22. Monumentation, Wall and Fencing Plan - Northern Section 55 f 23. Monumentation, Wall and Fencing Plan - Southern Section . . . . . . . . . . . . . . . . . . 56 L 24. Primary Entry Monument and Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 L r r Page 25. Primary Monument Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 26. Secondary Entry Monument Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 27. Secondary Monument Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 28. Tertiary Entry Monument PIan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 29. Tertiary Monument Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30. Conceptual Landscape Plan - Northern Section . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 31. Conceptual Landscape Plan - Southern Section . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 32. Primary Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 33. Secondary Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 34. Interior Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 35. Land Use Maintenance Responsibility Plan - Northern Section . . . . . . . . . . . . . . . 71 36. Land Use Maintenance Responsibility Plan - Southern Section . . . . . . . . . . . . 72 37. Typical Front Yard Landscaping Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 A 38. Typical Architectural EIevations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 39. Typical Architectural Elevations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . 75 40. Wall and Fence Elevations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 41. Development Phasing Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 - 42. Backbone Infrastructure Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L_ .......................................... TABLES 1. Tuscany Hills Specific Plan Statistical Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 F2. Major Earthquake Faults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Cut and Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 F4. Water Usage by Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Estimated Water Demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6. Estimated Sewage Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7. Estimated Student Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 8. Streetscape Plant Palette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 9. Project Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 10. Infrastructure Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . go lul 1 TABLES Pie 1. Tuscany Hills Specific Plan Statistical Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Major Earthquake Faults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Cut and Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 16 4. Water Usage by Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Estimated Water Demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6. Estimated Sewage Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7. Estimated Student Generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 8. Streetscape Plant Palette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 1 9. Project Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 10. Infrastructure Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Y L 1 I. EXECUTIVE SUMMARY The Tuscany Hills Specific Plan has been prepared for a 973-acre site within the City of Lake Elsinore. Near the southwestern and northern project boundaries are the major highways, Interstate 15 and State Route 74, respectively. Canyon Lake (Railroad Canyon Reservoir), situated in the San Jacinto River Plain, is adjacent to the southern boundary of the site, and Greenwald Street borders the northern boundary of the site. The project includes approximately 709 acres of single family residential uses, 46 acres of community parks, 11 acres of private recreation, an 11-acre elementary school site, and the l remaining 196 acres as open space and lake uses. Table 1 provides a statistical summary l of the Tuscany Hills Specific Plan. As noted in the table, the 35 percent open space requirement is identified as well as shown in Exhibit 9 of this document. Tuscany Hills will enjoy the benefits of a master-planned community. The project will fulfill a demonstrated need in the area for additional dwelling units. The infrastructure and other public facilities will be sufficiently sized to meet the demands of the community at buildout. . In addition, specific planning and design elements will be applied to create a varied yet cohesive project. It is the intent of the Tuscany Hills project to be varied in character, yet provide _ complementary land uses to existing and proposed project components. Approximately 196 acres of natural open space, wildlife corridors, and lake areas are provided. Additional objectives of the project include: o To satisfy anticipated market needs and public demand by providing a diversity of housing types and site locations which will be marketable within the developing economic profile of the City of Lake Elsinore. o To target the residential product types and concepts mostly to emerging, growing, and mature families. o To include design segments in the residential products that respond to forecastable Ldemands in the market area. o To create a community identity for the Tuscany Hills project through a consistent application of architectural standards,landscape standards,and recreational facilities standards. L. 1 r TABLE 1 Tuscany Hills Specific Plan Statistical Summary' r l Planning Gross Dwelling Area Land Use Acres Units la Single Family 92.33 355 1 1V Single Family (c) 483.93 1,391 ( lc Single Family 132.83 254 ( 2a Park 5.3 -- 2b Park 3.2 3a4 Private Recreation (c) 4.3 3b Private Recreation 6.8 -- 4 School 10.9 -- 5a Open Space 117.2 -- 5b Open Space 5.2 -- 5c Open Space 5.0 -- 5d Open Space 9.4 -- - 5e Open Space 1.8 -- 5f Open Space/Park 37.4 -- 6 Wildlife Corridor 30.9 -- 7 Lake 26.5 -- Total 972.9 2,000 i Parks, private recreation areas, open space, the wildlife corridor and lake area comprise Lapproximately 253 acres. This acreage,plus approximately 88 acres of manufactured slopes adjacent to major arterials and interior slopes, will make up the 35 percent open space requirement identified in the Development Agreement of 1980 (refer to Exhibit 9). L - l 'Planning Areas shown on Exhibit 8 'Commercial overlay comprises 15.2 acres 'Includes landscaped slopes along major streets L 'Commercial overlay comprises 4.3 acres L L 2 L - na f Gl/ r II. INTRODUCTION Site Location/Description E Tuscany Hills is located in south central Riverside County adjacent to the northeastern city limits of Lake Elsinore, California. Exhibits 1 and 2 locate the project in its regional and r local vicinity,respectively. The site is-located entirely within the corporate limits of the City of Lake Elsinore. Summerhill Drive serves as the main access to Tuscany Hills from the southwest. This road intersects with Railroad Canyon Road near Interstate 15, approximately one mile from the site. Canyon Lake (Railroad Canyon Reservoir), which is situated in the San Jacinto River plain, is east of the site. The project site is bounded to the north by Greenwald Street. Greenwald Street intersects with Highway 74, approximately two miles north of the site, providing access to the cities of Perris and Riverside. The Tuscany Hills site is contiguous to the western boundary of the Canyon Lake community,and parallels an east-west trending ridgeline which has a peak elevation of 1,915 feet. The southern flank of this ridge descends to an elevation of ± 1,320 feet near the San Jacinto River. The canyons and swales of the property flow easterly toward the lake which is constructed across the San Jacinto River. Slopes in this portion of the site generally range from 30 percent to 50 percent in some areas. The average slope within Tuscany Hills is approximately 35 percent. Project Overview The Tuscany Hills Specific Plan consists of 973 acres and contains a total of 2,000 dwelling units (Exhibit 3). Open space is an essential element of the project. Approximately 170 acres of the southern portion of the site will be maintained in its natural condition. In addition, a 31-acre wildlife corridor has been incorporated into the design. Additionally, community parks, a lake, a school site, and private recreation areas are provided as illustrated on the Conceptual Site Plan (Exhibit 3). Project History Prior approvals for the site relate to the proposed Canyon Lake Hills Planned Development which began in 1978. In 1979, a general plan amendment and preannexation zone change were filed for the 2,000 dwelling unit Canyon Lake Hills Planned Development. In July 1979, an EIR was submitted to the City of Lake Elsinore. In May 1980,the City and Canyon Lake Hills Developers signed a Development Agreement L which stated the conditions,terms,standards,restrictions,regulations,and requirements for the development, construction and operation of the proposed residential, commercial and open space planned development of Canyon Lake Hills. One of the most significant L provisions in the development agreement stated that the"Rules of the Game"would be the policies, ordinances and resolutions in effect at the date of the execution of the agreement. This agreement stated that any ordinance policies or resolution adopted after the execution of the agreement and deemed "more restrictive"would not apply to the Canyon Lake Hills Ldevelopment. L 3 r REGIONAL '•t'� � fix:{•� .vm�ao{..': +:v: dfv`�..sr�t�.¢;( �yO�4`tr'..F: +�� `.. ;L4'�:�:.•y:to: :i.}��¢',tr.4Y It - VICINITY r r a :•Y.• n? ; l• a r L.A. COUNTY/ 215 ( / SAN BERNARDINO SAN COUNTY BERNARDINO v 'TO LA. 10 60 l 71 RIVERSIDE \\ TO PALM 91 LAKE PERRIS SPRINGS _ TO ORANGE 1 RIVERSIDE COUNTY \ LAKE 15 MATHEWS COUNTY ORANGE ; L COUNTY CANYON LAKE �- LAKE - PROJECT 74 ELSINORE SITE C TO RANCHO TO SAN DIEGO CALIFORNIA N.T.S. EXHIBrr 1 L ssoclete R 4 ram— i..�uv:a.e - o/fay mw•o�..r•mn.... (vu1Wial ' T J / PROJECT VICINM TO PERRIS AND RIVERSIDE l Z w �b 3 Z W lu cc FROM CORONA AND ORANGE COUNTY :A>•.c,•„o :%• f�F E' ;Wj Xdy` LIM, ' a#:��.4'�R,$O}?Si`oa,dp.:`:4,:«Q• <.'•'r'C`r,.,f:5:{�;y�y`t'F�o'i'v:?yii,{•;;; •$j:. �/�.,��..$jj:•F�� l�i�?'}'{:=:�v":•v.�i:i{?i%:i�4�A4:4r:i$�.j:. .PRIMARY >y :<» : ># TO RIVERSIDE ACCESS o •sw c: ?.y::............ :.............::. ,::.s aFt.'. �a ROAD y L4KES�RE pR� L RAILROAD CANYON ROAD l E cp • N_T.S. EXHIBIT 2 L �`-"---"' rate' LTO SM DIEGO `�` r �-lftvJYJtt...rt..r.} rr �^ •mot �\\Y�/^ �!� f f �• ` '— --�: ` - .:... CONCEPTUALSIfiE PLAN 4't 7 .� c��-•Ms. rY 4-{t .. ;� / \;`:' a WPC -_.�.-�-f.•. . l. �� '! / �' Y S !r!•„ �� a�.�` ^r'.�V-r:�ii sty '.. '__ • t J �'r J-1 �ti �l� i �s� NATURAL L f r ,ti �� _'-r.'`• T OPEN SPACE ,•� f SCALE_1"=1155' EXHIBIT 3 § ti=\�.�`.� � AI.�'.YI�.LVGINLIifpWG•Sl�RViy!!Y(: p l5nr!! ![f InYw[.G9l111 L — f'lV)SilJO10 .'.�k't'.'-'!Y:Y.S'by.C•:.:r.s....i'iCi.#t�.'C:.... ...:.....t. ..a..-r..w+....- _......-.•fw... .r... .. .... ... • .. r 1 In January 1981, the developers, ABC Heritage, submitted Tentative Tract Map 17413 to cover the southern portion of Canyon Lake Hills. In the late summer of 1981, the developers revised Tract 17413 because the project as per the approved map was not buildable. A revised map was submitted in the fall of 1981,proposing a new access for the project and r single loaded streets to provide for more view lots. To enable the single-loaded streets ! feasible,the developer proposed the streets as being 40 foot right-of-ways with 28 foot curb separation. The United States Department of Housing and Urban Development (HUD) was, at the time, going to provide housing for Canyon Lake Hills as part of their Title 10 program. At r HUD's request, an EIS was prepared to address the following areas of concern: 1 - Distance between street intersections Impact of tract map on wildlife Fire Department's major concern about the narrow streets Lack of access to Railroad Canyon Road - Street widths and offsets and the proposed "gated community" Tentative Tract 17413 was finally approved by the Planning Commission on January 1982 (Exhibit 4 shows the history of planning approvals). The City Council directed the new developers,ABC Heritage, to apply for a variance on requested street widths and building setbacks. An amendment to the Development Agreement for the new access road was prepared, but never executed. By April 1982, the Planning Commission had approved the variance request. Subsequently, Homestead Land Development Corporation purchased L Canyon Lake Hills, and the name of the project was changed to Tuscany Hills. The Technical Appendices that accompanies the Tuscany Hills Specific Plan document the planning and approval history for Tuscany Hills. LPurpose and Objectives The purpose of the Tuscany Hills Specific Plan is to provide the regulatory framework to L expedite and provide predictable standards of regulation for the development process of Tuscany Hills through the City of Lake Elsinore. After adoption by ordinance, a specific plan has an effect similar to the local zoning code. Tentative and final tract maps must be consistent with the applicable specific plan provisions. All detailed plans submitted in the ( future shall be consistent with this specific plan. L Preparation of this specific plan is not required for the Tuscany Hills project since the project was approved by the City of Lake Elsinore in 1980. The purpose of this document is to "pull" together in one document and update the numerous planning and processing studies and agreements that have occurred during the life of the Canyon Lake LHills/Tuscany Hills project, a project that essentially began in 1978. The Tuscany Hills Specific Plan identifies the general location and type of land uses and sets standards for various development options, as well as provides a focus for the standards L and guidelines under which these areas will be developed. An important function of the Tuscany Hills Specific Plan is to reduce the need for detailed L planning and environmental review procedures related to subsequent development of the project area. The specific plan regulations contained herein are intended to be responsive to changing community needs and desires in order to function without the need for Lamendments and review. f 7 L G!/ � .,#, 'r`ry .ti5 !a:✓.r's°5,�1.•kaw5?::::�:::s:'iY�: .J�x+'.;4`.:S<S;q'::'k-: MHU, AMI.I.Y'..0 _ .,�;. , �: ° a : i'� � .. �..._ _'ia:.r:. fix•. 4 :° .i C+.•':s2�6 phi: �•<>"+�, PLANNING APPROVAL `? HISTORY LEGEND +� '' �' •• TENTATIVE :`� �: F •'- :'`: TRACT 17413 L ;.x�� 2�� r •,;_:.,;x .. .:� 4th REVISION P.M. 23910 ti v ' �' �r :S• �:. v..: - '•: r= - .: � RECORDED .'.S ti^.•rf-� N' :':•Q.,�\, .;;'�:�;�s�•� -. : �.,,-�3` •is Y�Y�1. r,?��e.Y.•s sf .r•�:'- ?r".f��:;':;r r . �'+ T.P.M.2.r7005 � I L a��{. � �'•, -J�`'•T h' ..•'•fir, •�S•:•:S:?•+!J Jr v N :r -r �/ G`•, •., r.l�;.-aS` �.k y�'' �' L ar Ji. - rt - �':� ram:= ..� =''•' '� .,• •��.. •t.- .�'.. •J �. •t. •1 f• w�• yy •1 1 .'�yi V. �:ci-•ter- -.Y.. '�9 :•i e r - •A SCALE:1"=1155' EXHIBIT 4 unsakeY Cr4ssociat.es L•• ;1�yr' Ina •.•:�.:':^•::•�:• •:n'�' ''YC.EYGWLWNG•JURVlYA'G .�Y.'::•:�:`':•: l.': l7mNWIM• /mxe G9tll! f'+•1 w-fus III. SITE ANALYSIS Topography Tuscany Hills is located adjacent to the foothills of the Santa Ana Mountains in southwestern Riverside County. It is contiguous to the western boundary of the Canyon Lake community, and parallels an east-west trending ridgeline which has a peak elevation of 1,915 feet. The southern flank of this ridge descends to an elevation of 1,320 feet near the San Jacinto River. Slopes generally range from 30 to 50 percent, with the overall average approximately 35 percent. Overall, approximately 10 percent of the site has slopes of 0-10 percent,20 percent of the site has slopes of 10-20 percent, 30 percent of the site has slopes of 20-30 percent,30 percent of the site has slopes from 30-50 percent and 10 percent of the site has slopes in excess of 50 percent. Geology Tuscany Hills is within the Peninsular Range Geomorphic Province of Southern California and is situated in the eastern foothills of the Santa Ana Mountains. This region is chiefly underlain by igneous-and metamorphic rocks at the pre-Cenozoic age. The metamorphosed materials were originally Mesozoic sedimentary rocks. The igneous materials are mainly granitic in nature. Tuscany Hills lies near the boundary of two regional geologic provinces, the Perris Block and the Santa Ana Mountains. The site contains five basic geologic units: recent alluvium of stream transported sands and gravels; older alluvium sands and gravels with a silt and clay binder; terrace deposits of sandy gravels with boulders; Santa Ana formation r metamorphic rocks of the triassic age; and intrusive igneous complex, a massive collection Er of igneous materials ranging from granodioute to gabbro. Seismicity _ Liquefaction during seismic events is not considered a problem at Tuscany Hills due to the shallow depth of bedrock and rocky surficial deposits. The seismicity of the region is dominated by the Elsinore fault zone. The north Elsinore fault zone lies approximately one-half mile from the southwest corner of the property. Other faults within the Elsinore fault zone which occur within four miles to the southeast consist of the Glen Ivy Fault, Willard Fault, and the Wildomare Fault. Lake Elsinore occurs within a depressed fault block between the Willard and Glen Ivy Faults. Other active faults are located in the general region of the project site, such as the large San Jacinto and San Andreas Fault Zones. A summary of the major faults and their distances from the site is shown on Table 2. LTABLE 2 Major Earthquake Faults f Distance from Site L Fault (Miles) ( Elsinore 2 L San Jacinto 20 San Andreas 30 E 9 soils The soils of the project site consist mainly of rocky and sandy loams of the Lodo, Cieneba, Garretson, and Hanford series. In addition, there are scattered areas of Bosanko clay soils and artificial fill materials. Loose,.alluvial sands and gravels comprise the majority of the site soils. While most of these deposits are within a few feet thick, thicker deposits are located along the southern boundary and southeastern corner of the site. The only soils on-site that have presented engineering or development problems in the past in other areas are the Bosanko clays and areas with slopes greater than 45 percent. Bosanko clays must be carefully managed because they are relatively expansive when infiltrated by water. Steep slopes present grading and erosion problems. Only the Class Il Garretson soils have any significant value for agricultural use. This type of soil is available on less than one percent of Tuscany Hills. The Bosanko and Hanford soils are Class III soils with limited agricultural potential. All other on-site soils have a Capability Classification of VII, indicating very limited agricultural usefulness. [ Hydrology The depth to groundwater surface within the site is the canyon bottoms where seepage is prevalent. The site exhibits a moderate to high infiltration rate due to the nature of the metamorphic bedrock. The groundwater storage is continually being replenished by deep percolation of water from precipitation and stream flow. Groundwater levels fluctuate dramatically within the wash areas. The groundwater table is near the surface within the San Jacinto River easterly and southerly of the site. -" Existing drainage of the project site is controlled by the east-west canyons and swales which channel runoff eastward toward Canyon Lake. Regional drainage flows into either the San Jacinto River or Canyon Lake. The river eventually flows into Lake Elsinore. The water quality of Canyon Lake is marginal due to the amount of agricultural runoff from the east and northeast. The Hydrology Plan for Tuscany Hills is shown on Exhibit 5. L _ L 10 ....................................... n?�R+..'�.}�,.:�,�.•'.jS�.n;�RT,^Mh7Y .,:i}�•'MM^P'\tl>:0:^O,NJ;+Yd'�+�Q'�' { ---------------- HYDROLOGY PLAN LEGEND DRAINAGE BOUNDARIES DIRECTION OF FLOW t I SCALE:1"=1155' EXHIBIT 5 L 1 ssociateg i� rL � °/fn...x.�.. .-r.u9nn ro..x.w..rr..rno.ra.nei. nrnw-ur. GPM— Biology Southern Section The bulk of the project site has received little or no prior impact, except from fire and from minimal sheep grazing. Indigenous communities are of significant extent and characteristics species diversity. A full complement of indigenous fauna typically occupying interior scrub habitat is found on-site. Three types of habitats having biological value are found on the property: extensive upland sage scrub, riparian woodlands, and adjacent brushy slopes and exposures of Bosanko clay. o Sage Scrub-The vast area constituting the western half of the southern project site and containing an unbroken coastal-inland sage scrub cover is inhabited by a significant population federally-listed endangered Stephen's kangaroo rat, in addition to a variety of other dry land adapted mammal and reptile species. o Riparian Woodlands - All riparian locales on site, including the San Jacinto River (technically under separate ownership), Cottonwood Creek, and four tributary arroyos of the former drainage,contain riparian habitat which is extensively utilized by a variety of fauna, including songbirds and nesting raptors. o Brushy Slopes and Bosanko Clay Exposures - Because of the limiting quality of the Bosanko substrate, grasses and forbs are generally low growing and opportunities exist for establishment or persistence of noncompetitive species, including those which are rare and endemic. The Bosanko exposures are also ideal sites for spring wildflower displays, containing a diversity of species. Northern Section The biological setting of the bulk of the northern Tuscany Hills is characterized by the extensive stands of open coastal sage scrub interspersed by brushy or wooded drainage courses. The habitat of the northern half of the project site is less biologically diverse and more disturbed than the contiguous habitat in the southern half. Sheep grazing has been a past land use whose impact is still obvious. Mining and prospecting has impacted certain limited portions of the site and some off-road vehicle use and parking has impacted flat land north I of Greenwald Avenue. Coastal sage scrub is the principal type of vegetative cover present on the northern half. The condition and productivity of this community, including density and species diversity, is poorer than in the area immediately to the south. Shrub cover is generally not contiguous, but is instead interspersed with low-growing annual grass vegetation. - Two significant habitat es are found in the northern planning area. The first is the ass types P g grassy and open coastal sage scrub settings documented as being occupied by the Stephen's { kangaroo rat or where this species' presence is suspected. The following section assesses L the impacts of the project to the Stephens Kangaroo Rat. The second habitat of significance is the main drainage, which enters at the northwest corner of the property and exists at the southeast. A lateral drainage area also passes through the southern part of this area. In October 1988, Homestead obtained a 1603 Agreement from the California Department of Fish and Game. L 12 Stephens Kangaroo Rat Development of Tuscany Hills will impact approximately 282 acres of known habitat of the Stephens Kangaroo Rat, listed by the U.S. Fish and Wildlife Service as an endangered species. - To determine the effects of the proposed project on the Stephens Kangaroo Rat, a focused biological assessment was conducted by Tierra Madre Consultants, Inc., in January 1989. This assessment included a literature review to identify reported occurrences of the Stephens Kangaroo Rat on, or in the vicinity of, the project site, and a survey for potential Stephens Kangaroo Rat habitat. In addition, a walkover survey of the Tuscany Hills site and a range-wide survey to find and map the populations of Stephens Kangaroo rats was completed by O'Farrell Biological Consulting in February 1989. The results of the Tierra Madre studies are noteworthy in two respects. First, the site currently supports about 282 acres of occupied Stephens Kangaroo Rat habitat, distributed in a patchy configuration typical of the species throughout the 973 acre site. Second, the ii entire Tuscany Hills,site is contained within one of nine areas currently under study by the County of Riverside as a potential reserve for this species. This study area in which the project site is located is known as the Canyon Lake/Kabian Park site, and includes approximately 9,350 acres. The O'Farrell study concluded that the Kalbran Park site should not be considered as a potential preserve location because of its marginal habitat quality. The preferred preserve sites were chosen on the basis of general quality of habitat and the presence of relatively continuous, significant SKR abundance. Construction of the project would result in the direct loss of the occupied Stephens Kangaroo Rat habitat that is found on the site. It would also effectively eliminate the southernmost portion of the Canyon Lake study area as a possibility for a potential reserve through direct loss of habitat on site and isolation of adjoining habitat found in the southern portion of the study area. Taking of the Stephens Kangaroo Rat is prohibited by the Endangered Species Act and this prohibition has resulted in efforts by the County of Riverside and affected cities to develop a Habitat Conservation Plan and seek authorization to take specified areas in order to facilitate some continued development in the range of the Stephens Kangaroo Rat. The County is currently engaged in a program to determine the effect of a region-wide reserve ` strategy for the Stephens Kangaroo Rat in western Riverside County relating to their efforts to apply for and obtain a long-term Section 10(a) permit. L To assess the impacts of development of Tuscany Hills on the Stephens Kangaroo Rat population in light of the species as a whole, the United States Fish and Wildlife Service conducted a Field reconnaissance of the project site. In April 1989,portions of the Stephens Kangaroo Rat habitat were visited by the Fish and Wildlife Service biologists, biological L consultants for the County of Riverside, and representatives of the County and the Sierra Club. In addition, unpublished reports prepared by the County's biological consultants, assessing the long-term potential of habitat in the Lake Elsinore region, as well as soils L maps and other available information, were consulted. The results of these analyses indicated that the Stephens Kangaroo Rat is found at this time primarily in trace abundance (i.e. <2 borrows/100 square meters). Based on estimates of density, there may be L approximately 115 Stephens Kangaroo Rats on the Tuscany Hills site. The soils and vegetational attributes, plus the relatively degraded condition of the site due to prior construction activities, dumping, and off-road vehicle use, appears to have limited the long- term potential of the site as a reserve for the Stephens Kangaroo Rat. L 13 L It is the biological opinion of the U.S. Fish and Wildlife Service that the conservation measure prescribed in the Tuscany Hills Project Stephens Kangaroo Rat Conservation Plan and its implementing Conservation Agreement,will not jeopardize the continued existence of the Stephens Kangaroo Rat. The net result of the program would be the elimination of the southern portion of the Canyon Lake study area in exchange for acquisition of over 600 acres (including at least 282 acres of occupied Stephens Kangaroo Rat habitat) in the Estelle Mountain area, a site identified as another study area for a potential Stephens Kangaroo Rat reserve. This acquired land could be combined with other lands to be acquired in this area and used for establishment of a permanent reserve for the Stephens Kangaroo Rat. The initial phase of the mitigation program for the Conservation Plan provided the acquisition of 560 acres of good quality preserve property to minimize the impact loss of the law quality habitat within the project. An additional 46.7 acres of occupied habitat will be acquired and added to the preserve system to complete the mitigation of the habitat loss on the project site. Archaeology An archaeological records search of the Tuscany Hills site was conducted at the Archaeological Research Unit, Univcrsity of California at Riverside, on October 13 1989. Based upon that records search it was determined that the entire project site had been previously surveyed for cultural resources, and that as a result of that survey, four (4) recorded prehistoric or historic sites were identified. To further scientific inquiry concerning these four recorded sites and to document the significance of those cultural resources in accordance with the California Environmental Quality Act, a physical reconnaissance of the project site was undertaken on November 16, 1989. The findings of that records search and on-site inspection are I summarized below: ( • The Wrench Gold and Slate Project Although the first recorded mining claim on this location dates to 1937, Mexican miners were working the area prior to the 1870s. The subject site contains artifacts from that mining prospect and comprises a partially buried house foundation with rock walls, a scatter of tin cans and automobile parts and two other associated concrete foundations which date to the 1930's era. In recognition of the relatively recent nature of this site, a historic archaeologist will test, excavate, map and document this prospect prior to any I direct impact (e.g. grading). (_ • A Segment of the OId Railroad Canyon Road and Railroad Bridge These late 19th century features have been identified as relating to the original development of the region. Upon physical inspection (by a qualified archaeologist) the site was found to be undisturbed but is in very poor condition. Most, if not all, of the timbers were found to be decayed and buried in brush that has washed down the creek. This feature is in such a state of decay (either rotten or mired in the creek bed) that this site offers limited research potential. Because of its Iocation in the creek, it is unlikely that it would be disturbed unless the creek was either rerouted or channelized. L Through subsequent investigation of this feature,the remains of the bridge and roadbed will be recorded and described within the historical framework of the railroad operation. 14 1 • Remains of the Ella Van Fossen Residence This site comprises the remains of the Ella Van Fossen residence which dates to the 1920's era. Miss Van Fossen was an early local environmental activist who single- handedly attempted to block construction of the Railroad Canyon Dam. In 1926-27 she burnt her residence and the surrounding environment as one final gesture of protest. Permitted grading activities, authorized under Tentative Tract No. 17413 - Revision No. 4 have partially impacted this feature. Melted glass, charred wood and portions of the foundation were observed during field inspection. Subsequent archaeological investigation is currently underway in an attempt to locate the privy which would be of value in the interpretation of this site. • RIV-698 This prehistoric site, located in the southern "pan handle" of the property, consists of a small milling station with accompanying light chipped stone scatter. Portions of this site have been impacted by permitted grading activities authorized under Tentative Tract No. 17413-Revision No. 4. Archaeological investigations are currently underway, including mapping and photographic documentation of the milling feature, for the further recordation of this feature. 1 L L L 15 J IV. LAND USE PLAN Site Grading t The concept grading plan for Tuscany Hills is shown on Exhibit 6. Table 3 illustrates the proposed cut and fill calculations for Tuscany Hills. Grading of the site will be conducted in a manner which eliminates the need for the import or export of dirt. TABLE 3 Tuscany Hills Cut and Fill North South Cut 5,142,330 cubic yards 7,559,320 cubic yards Fill 4,785,370 cubic yards 7,424,000 cubic yards While significant grading will occur, the grading concept for the site is intended to maintain the natural land form as closely as possible. In addition, single loaded and 28-foot street widths help to maintain the natural land form. This is especially true in the northern half of the project site in which more gentle slopes and open fiat areas are found. The southern half of the project site will necessitate increased grading as steeper ridges, where average slopes of 35% are encountered, which will allow views of surrounding hills and Canyon Lake. Approximately 170 acres of the southern portion of the project will remain natural and ungraded. In addition to the open space areas,the southern portion includes approximately 23 acres of park land, a 37.4 acre open space/park site, and 57 acres of estate lots. Minimal grading will occur in the establishment of these lots. Approximately 33 acres in the northern portion will be left as open space, and 34 acres will be developed as park, recreation, and lake use. In addition, the 31-acre wildlife corridor in the northern half of the project site will remain in open space. Land Use Plan Surrounding Land Use Most of the existing developments are located on two opposite sides (the northeast and southwest) of the lake,while the agricultural lands are mainly located on the northwest and southeast ends of the subregion. A large floodplain is located adjacent to the southeastern end of the lake.Although the lake is a regional recreational facility,it is not fully developed. L Land uses surrounding the project site are predominantly undeveloped except for the Canyon Lake community, to the east (see Exhibit 7). Canyon Lake consists mainly of custom home sites. Ramsgate has an approved specific plan which includes 2,850 dwelling units. Vesting tentative tract maps are currently in process with the City of Lake Elsinore. The Friedman property has a recorded tract map with grading and development in progress. The balance of the surrounding property consists of vacant,undeveloped private and federal property. Greenwald Avenue provides access to the north from the site, and Railroad Canyon Road provides the southerly access to the Canyon Lake community and Tuscany Hills. L 16 t� `�`� ��/ Fiy` y.�'�,•.`A}. .;iG:,,'t�°.,.,`: r.:o.:. G..'Crc4. rul?:v' \` y 1560 -B 158 1600 L 7 m r o v N 7 0 1500 CONCEPT GRIMING PLAN I 1 1520 LEGEND M LIMITS OF LANDFORM ALTERATION 1540 fid 1560 f ROUGH GRADE CONTOURS 16� 1580 "a�2o _ r I �J)rJ 1 I' NOTE: PERMISSION TO GRADE OFFSITE IN PROGRESS 17g0 1600 MASS GRADED PER T. 17413-4 L � ' L � ♦� 1� '69 1�0 f, 17720 jj Y o / N t0 _ I/ - SCALE_1"=1155' EXHIBIT 6 Lssociatr,�; ra,wn.p. i.,wRurnu pkw� o....w..t.. J I SURROUNDING IAND USE :: . �s TO PERRIS *BOUNDARIES OF SURROUNDING LAND USE AND RIVERSIDE ARE APPROXIMATE. +Y BALANCE OF SURROUNDING LAND USE IS MADE UP OF FEDERAL PROPERTY & PRP#'ATE HOLDINGS. O m m z 1 FROM CORONA i AND ORANGE COUNTY RAMSGATE (approved) A ; TO RIVERSIDE FREEDMAN PROPERTY (approved) LAKESHORE ROAD COTTONWOOD CANYON HILLS (approved) LAKE ELSINORE Np f N.T.S. EXHIB[T 7 Laf�larJ' TO SAN DIEGO ssociale�r J Tuscany Hills Specific Plan Land Uses The Tuscany Hills land use plan consists of 4 primary land use designations: residential, ` parks and recreation,schools and open space(Exhibit 8).The development program consists ! of selling completely designed planning units of approximately 200 lots to builders. This will allow a distinct and varied product type while maintaining an overall theme for the community. The four primary land uses are discussed below: a Residential Uses-The construction of 2,000 dwelling units is the primary component of the land use plan. These units will be constructed in four distinct phases as discussed in Section XII, Project Phasing. Approximately 709 acres are devoted to residential construction, primarily in the northern half and southern two-thirds of the site. Due to the relatively steep and varied site conditions, development costs will be significantly higher than would occur on a more consistent site. This will require that the homes be targeted to middle and upper income families. Single loaded street configurations will be more sensitive to the topography and will allow a majority of the lots to have Canyon Lake and Lake Elsinore views. o Commercial Uses - The land use plan identifies a residential area and private' recreation area within the Tuscany Hills Specific Plan that include commercial overlays. One of these areas is adjacent to the lake and may contain facilities associated with the Recreation Center/Beach Club. The other area that has a commercial overlay is in the extreme northeast corner of the project site. This area may provide neighborhood commercial land uses. o Parks and Recreation - Two distinct private recreation areas and two public parks are provided in the land use plan. Also included in the plan is the 37.4 acre open space/park located in the southeast portion of the site. The first private recreation area (planning area 3B) is the Homeowners Association Recreation Center at the intersection of Summerhill Drive and Via Scenica in the southern half of the project. The Center is anticipated to include a competition size Junior Olympic swimming pool,wading pool, spa, tennis courts,basketball/volleyball court, tot lot, picnic area, and community building as approved by the Planning Commission in June 1989. A second private recreation area is located next to the proposed 26.5-acre lake in Planning Area 3A and consists of approximately 4.3 acres. A five-acre public park in Planning Area 2A will be constructed in conjunction with and adjacent to the eleven-acre school site along Summerhill Drive and La Strada. In the northern section,also along Summerhill Drive, an 3.2-acre park site is located adjacent to the 4.3-acre private recreation area next to the lake. The precise program for this park _ site will be approved by the City's Community Services Director. o School-An approximate 11-acre elementary school site has been incorporated into the land plan adjacent to a 5-acre public park along Summerhill Drive. The school is centrally located.in the community to minimize driving and walking distances to the school. L 19 I I .... •a tic I I I II -t LAND USE PLAN Statistica.i Summary G � Gross Owelltng 7 Area Land Use Acres 11nits - 1 A Single Family 92.3 355 1 B Single Family 483.9 1.391 1 C Single Family 132.8 254 2 A Park 53 2 B Park 3.2 3 A Private Recreation 4.3 + 3 B Private Recreation 6.8 +* 4 School 10.9 /f+j + + + » ++ + + + + + + , � 5 A Open Space 117.2 +¢++ �"—' 58 Open Space 5.2 ( ++ 5 C Open Space 5.0 + y 5 Q Open Space 9.4 /6 5 E Open Space 1.8 LLLL�1.LiLli1L'1 5 F Open Space/Park 37,4 r 6 Wildlife Corridor 30.9 ( { 7 Lake 26.5 f TOTAL 972.9 'Z6D _ ' ' 1 1. The acreage fgrtres are an estimated allocation r - for the land uses. 2. Balance of required Open Space is contained within residential figures. The Residential Ptarving Areas include Manufacture-Usable Open Space. Referto Exhibit 9 for Open Space Plan. 3. (C) Shown on Exhibit,refers to oommercial overtay area. The location of the two commercial sites are in /G pwong areas 1 B and 3A. - \ �{! POSSIBLE FIRE STATION LOCATION t s k-\. � `t,+lz�t�t-t.•i� -: L t�L:el - [ `' �'`, i>a ri.� v�L - CK.t� �• GL LL V1 � �1r�S vl �� k 1�7 %f.,. \ 4 C ` ��L l 7; C. Lw.L `L t i`t' [- •`. � �:_LCC{-- W .\ L,t .5A ia,[ t �.�. "L r- SCALE:1"=1155' EXHIBIT 8 �f Open Space/Wildlife Corridors Natural contours and topographic features will be preserved to the greatest extent possible t in the open space areas and for the 31-acre wildlife corridor (Exhibit 9). The wildlife t corridor,which runs east/west,provides potential links to existing Federal Bureau of Land Management land. Where streets cross the wildlife corridor, the project will be designed to utilize such things as drainage culverts to allow for animal crossings. Open space areas to the south near the water tank will have indigenous vegetative cover and fuel break areas. The natural open space areas of Tuscany Hills comprise approximately 170 acres and are found primarily in the southern half of the project. This includes a large 117-acre parcel surrounding the water tank, and a 37-acre open space/park area in Planning Area 5F. The 117-acre open space area will be dedicated to the City. Pursuant to the 1980 Development Agreement, the City has the option whether or not to accept the dedication of the 37-acre site. Additional useable open space/manufactured slopes are found throughout the site, particularly along roadways in the southern half and in the flat areas to the west of the proposed lake. The open space, parks, private recreation areas, lake and wildlife corridor comprise approximately 253 acres. This acreage, plus a minimum of 88 acres of manufactured slopes,will make up the 35 percent open space requirement identified in the Development Agreement of 1980. L L 21 L -...z.,,x:'asS.s.»'s...;..�ai�:4�i�y�... .'e8-�:.1•t�.;.e�r .... ...�.-.r......... .... .. ... .. 1 � r `t 00 OPEN SPACE PLAN LEGEND tiJ7!- = ' NATURAL/ENHANCED OPEN SPACE USABLE OPEN SPACE/ MANUFACTURED SLOPES ' 'INCLUDES SCHOOL SITE,PARK,LAKE, MANUFACTURED SLOPE AREAS ADJACENT TO MAJOR ARTERIALS. 71 ',`v^lr'l''•v� � �,7`-'v 3; '� l�s�1 ��y3;a'1t;a'�+�Yk�`�t�a'r.�-_ •r d% 1 v � Jam,; 7,72.�-,,,r �t� i}l;' ® ' sY-.3 i�ti li '?"; °l�y�'� �"` •^ 11� e} 1 7 �-.r� s � J j��' y �. 7 1� �"l;li .�"t::'�� -.7. "'1ti ��-� •',2 �. -. .Yj ; ,,♦ r 1 y J•' r •1"-1_a?r j''i 3-y� 7rr�� ,�,`li.i� � �. %.] ✓r'��..,,♦a. .,��a SCALE:1"=1155' EXHIBIT 9 t L '2.. If•w/:•aM r�lw4 UDY]!I - llv�v e.t..•O.uow•+e.a.i. 1 V. CIRCULATION PLAN The areawide circulation system serving Tuscany Hills is illustrated on Exhibit 2. Regional access to Tuscany Hills is from Interstate 15 to the west of the site, or from State Route 71 west of the site via State Route 74. Southerly access will be from Railroad Canyon Road. Northerly access will be via Greenwald Avenue, which also provides access to the Canyon Lake development. The road network within Tuscany Hills is characterized by a secondary arterial backbone core supported by local collectors serving and/or separating each planning area(Exhibit 10). Residential streets are relatively equally divided between single and double-loaded streets. The backbone circulation system consists of a major secondary arterial highway (88' of right-of-way) serving the property from the south and extending to Greenwald Street on the north. The collector street system extends from the major arterial, connecting the local streets which provide direct access to the individual lots. Collector streets as designated on Exhibit 10 will have a 66' right-of-way. All streets within Tuscan Hills will be dedicated y to the City of Lake Elsinore. Those local streets which are accessed by dwelling units on only one side, typically designated single- loaded streets,will be constructed with a 40-foot right-of-way, including a concrete curb and a gutter and sidewalk on the dwelling unit side and a curb on the opposite side of the street. Typical double-loaded local streets will be constructed with a 50-foot right-of-way, including a concrete curb and gutter and sidewalk on both sides of the street. Typical street sections are illustrated on Exhibits 11 and 12. L L L L 23 it*o.'�im x ` r�:u:or.'a CIRCULATION PLAN LA STRADA LEGEND Q} 8 8' SECONDARY HiamAY v\s� •••••.•• W COLLECTOR STREET L Y * ALL INTERIOR STREETS SHALL BE SINGLE LOADED STREETS OR GENERAL LOCAL N� STREETS. (SEE EXHIBIT 12) �2 VIA De k-l\VALLE L 1 � I i L SCALE:11=1155' EXHIBIT 10 L urrsa fm classociatc�g :, J li Y N NJ .. x i N � o lil Z 4r > N �y IL w a Lu w = <V W CN p cV Cl) } go cr- a N w o w o _ (1) �_ • N a 'w O VIA 0 W � N 1 V1 � cV fef , W f ry �'��,�:Q;C:T?G:'<4.'L<:t�!�C4�+�%•1'•TWY�.>k{:+N•:{,N,.:. SECTIONS � ::z• STREETS Or R Ii [-/ 40` 4' 14' 14' g. 5' 3, r A.C.PAVEMENT Z� 1.59D 1.s% � 2,r SINGLE LOADED STREET ww ww 50' r 18' 18, r 71 5' r x 2; A.C.PAVEMENF� Z� GENERAL LOCAL STREET EXHIBfT 12 Lunsakef ssociate� alb~�11)W�Jump r I VI. UTILITIES Water Service The Elsinore Valle Municipal Water District EVMWD provides water to Tuscan Hills. Y P (EVMWD) Y EVMWD obtains a portion of its water supply from the Western Municipal Water District. The remaining water supply is received from ten active wells. Future purchased treated water supplies are planned to be obtained from the Eastern Municipal Water District (EMWD). It currently has no existing mains into the Tuscany Hills area, but has service mains presently providing domestic water to the community of Canyon Lake. The source of water supply to Tuscany Hills will be via a EVMWD system. A proposed booster pumping station, located in the southeast area of the site,will take suction from the existing 33" main near the District's treatment plant, west of Canyon Lake Dam, and will pump water from EVMWD's system into the development. The plant uses a standard sand filtration system with a 1.3 million gallon wet well. The plant capacity of 15 million gallons per day is sufficient to serve any future development within the Lake Elsinore area. In addition, EVMWD owns the rights to 3,000 acre-feet (477 mg) of the storage capacity in Railroad Canyon Reservoir. The Temescal Water Company operates the reservoir and } owns the rights to the watershed run-off. Reservoir evaporation and seepage losses are i shared proportionately by the Temescal Water Company and the EVMWD. The major imported water supply to the area comes from.the Colorado River and is stored in Canyon Lake. Although natural runoff has some adverse influence, the quality of water in the lake is very similar to Colorado River water. The EVMWD is the only purveyor of imported water in the study area. V The EVMWD provides standards for water service in the Lake Elsinore area. The average daily demand by land use is shown below in Table 4. The total water service demand for the project is summarized in Table 5. TABLE 4 Water Usage by Land Use* Use Average Daily Demand Single Family Residential 500 gal./unit Commercial/Residential Mix 120 gal./1,000 sq. ft. Schools/Parks 4,000 gal./acre 60 gal./student *Source: Elsinore Valley Municipal Water District L 'Elsinore Valley MWD Water/Wastewater Master Plan 27 f� 1 TABLE 5 Estimated Water Demand r Dwelling Popu- Avg.Daily Max.Daily Land Use Acreage Units lation Demand Demand' Single Family Residential 7132 - 2,000 5,000 1.0 2.0 Park/Recreation Areas 57 -0- -0- .19 .38 School 11 -0- -0- .044 .88 Totals 1.63 3.26 Exhibit 13 illustrates the water distribution system for Tuscany Hills. Phased development of the system is anticipated to follow the four primary phases of construction associated with the backbone circulation improvements. Construction of all water storage requirement facilities in the southwestern portion of the site will also be included in the first phase of infrastructure improvements. The system consists of construction of 18"water mains from the tank to Summerhill Road and along the primary arterial to Via de La Valle. An 18" main will continue along Via de La Valle to the east. A 16"main will be installed along the remainder of Summerhill Road. The remaining collector streets will have 12" and 8" water mains installed as indicated by Exhibit 13. Wastewater Tuscan Hills receives wastewater services from the Elsinore Valle Municipal Water Y Y P District (EVMWD). The EVMWD study area is divided into three major wastewater- service areas depending on natural topography and the location of existing treatment L facilities. Tuscany Hills is located within the Lake Elsinore Basin Wastewater Service area. This basin includes all ares which naturally drain into Lake Elsinore, plus those areas north of the lake which are tributary to the Elsinore Valley Regional Wastewater Treatment Plant. Major tributary areas within this basin include: Bundy Canyon, Railroad Canyon, Wasson Canyon, Warm Springs Canyon, and Lake Elsinore. The District operates the sewage treatment facility located three-quarters of a mile southeast of Canyon Lake Dam, to the southeast of Tuscany Hills. This facility, which currently has 10 sewage pump stations, has been programmed for expansion. Current sewage treated at this facility by the activated sludge, secondary level process (with double chlorination) amounts to approximately 130,000 gallons per day. One hundred percent of this treated effluent plus an additional 65,000 gallons per day of domestic water is sold to the adjacent Canyon Lake golf course for irrigation purposes. A 21 gravity sewer main from Canyon Lake,the Railroad Canyon Wastewater Reclamation Plant, and a 10" force main to reclaimed water use area, are'the existing facilities adjacent to Tuscany Hills. These facilities serve the Canyon Lake community. A 24" gravity sewer main in Lakeshore Drive will be used to convey flow from Tuscany Hills. This facility will be upgraded to a 42" line and will convey flow to the Elsinore Valley Regional Wastewater LReclamation Plant. L 'Maximum daily water demand is two times the average daily demand (MDD = ADD x 2). 22.5 persons/dwelling unit. 28 L_ _ 1 2, iY\ :t':v:.Y�[:,.:5:}.A• �:•itiC::f!OtCfi.C:C•?v:;• 16M s C 12` WATER PLAN _ 8' 160 12' 8. 120 16' 1 8' WATER TANKS • • 18' 120 L SCALE:1"=1155' EXHIBIT 13 unsakeY' sso�,tiate� :oa Si�w HgYw n.�UfTl1 Of/l h�fr•Ownb•is LWte (1iV woof 1 The estimated sewage generated from the proposed project is determined according to the Elsinore Valley Municipal Water District criteria. The amount generated assumes an average daily flow of 100 gallons per person per day with an average population factor of 2.5 person/dwelling unit. Total average daily flow for the Tuscany Hills Specific Plan is summarized in Table 6. The criteria further assumes a peaking factor of 2.90 based on current EVMWD data. Peak daily flow is determined by multiplying the average daily flow by the peaking factor. TABLE 6 Estimated Sewage Generation Average Dwelling Daily Flow Land Use Acreaee Units Population MGD Single Family 713 2,000 5,000 .50 School 11 -0- -0- .01 Total 2,000 5,000 .51 The existing EVMWD treatment plant, located approximately five miles northwest, is proposed to be expanded to a capaciti- of 3.0 million gallons per day by 1990. Ultimately, the capacity of this plant will be 5.0 million gallons per day. A new treatment plant is proposed in the EVMWD Master Plan, to be located west of the project site. The sizing and construction of all sewer facilities has been, and will continue to be, coordinated through the Elsinore Valley Municipal Water District, who ultimately has the — responsibility of owning and operating the system. Any oversizing of facilities to accommodate adjacent and other proposed land development will be done according to EVMWD standards. It is expected that the additional expense for oversizing facilities will be reimbursed to the project developer according to a standard system controlled by EVMWD. Phasing of the construction of all facilities will be accomplished in accordance to the overall land development Phasing Plan (Section XII). The proposed sewage disposition system is shown on Exhibit 14. The system consists primarily of 8" sewer lines along the major arterials and collector streets. Force mains will be required along portions of Summerhill Road as indicated. A 21" line is required along L Summerhill Drive to the east to serve the estate development in the higher terrain and from the lift station north to Greenwald. j Drainage Facilities L The design of the storm drain system has considered the runoff anticipated to be generated by the proposed densities within Tuscany Hills. Specific drainage systems will be designed as each planning area develops. Drainage systems will comply with adopted City standards. The proposed drainage system utilizes natural drainage channels to the greatest extent possible, although improvements will be necessary to accommodate expected flows from new development. The proposed drainage facilities are delineated in Exhibit 15. Solid Waste Disposal Residential solid waste produced in the Lake Elsinore area is currently disposed of in the Double Butte landfill site located at 31710 Grand Avenue, Winchester. The site was opened in 1973 and is owned by the County of Riverside and.operated by the Riverside County Waste Management Waste Disposal Division. The City and County are reviewing the potential for expansion of the present site for commercial and/or alternative facilities. 30 8 TO CANYON LAKE SEWER SYSTEM MM uo= �oc•.:� .�IcSA'fr:�:.6R•w�r:.• .Gr%49„` ;4?�` 21, F.M. F. LIFT STATION SEWER PLAN 86 SEWER MAIN (GRAVITY FLOW) FORCE MAIN(F.M.) (PUMPED) 8` F.M. j 21J 21' TO OFF SITE REGIONAL PLANT CALE_1"=1155' EXHIBIT 14 �— unsalyd' ; �spc7ates — � n,..errr n.e.c usnir of/cw awwr.ow...a•sa awrr ()!1)W111r .....::.tt.wie�35Y- �:.G:�:.0. .... • - '. f 6" :. c 36" e m l M T 2 4" 30, 3 l_ STORM DRAIN 30" 36" 60 FACILI'ITY PLAN 39" WITHIN ASSESSMENT DISTRICT ROADS -- 36 1" 8" YO" 24" 42" 8" 33" L 30" L 18" 8 L SCALE:1"=1155' EXHIBrr 15 rrtisaker ssociat,�,r VIE[. PUBLIC FACIIMES Police Protection r The Riverside County Sheriff's Department will provide protection to the project area from 1 an existing substation located at 117 South Langstaff in Lake Elsinore. This station is located approximately 10 miles from Tuscany Hills with an average response time of less than 10 minutes. Fire Protection Tuscany Hills is served by the Riverside County Fire Department, under a contract with the City of Lake Elsinore, on an "on-call" basis from the Elsinore Fire Station located at 410 West Graham with response time of 10-12 minutes. A possible fire station location can be accommodated in Tuscany Hills and is shown on the southwest corner of the Land Use Plan (Exhibit 8). Schools An 11-acre elementary school site and an adjacent 5-acre park have been provided in the central portion of the site along Summerhill Drive. An Agreement to dedicate a school site to the Lake Elsinore Unified School District has been reached. There is also an existing [ agreement for impact mitigation between the property owner and the Lake Elsinore Unified }i School District covering the high school(see Technical Appendix). These agreements were reached with the Lake Elsinore Unified School District and the Elsinore Union High School District. Additionally, the property owner and the School District are jointly pursuing an expedited program for the construction of an elementary school on the to-be-dedicated site. The School District has requested the pursuit of a joint school/park site and agreement. Estimated student generation from the project is summarized below. TABLE 7 j Estimated Student Generation iL Dwelling Student Generation Land Use Units K-6' 7-122 Total LSingle Family Residential 2,000 1,166 400 1,566 1 .583 students/dwelling unit 2 .2 students/dwelling unit L L L 33 L f Parks and Recreation There are a variety of public, quasi-public and private recreational facilities in the Lake Elsinore area. Lake Elsinore.is a State Recreational Area, and Lake Elsinore State Park is located on the northwest"shore of the lake. There are several privately managed campgrounds along the lake's shore. No recreational facilities are maintained by the City of Lake Elsinore within two miles of the project site. Yarborough Park, approximately two miles east of the project site, is the closest recreational facility. Yarborough Park is located in the downtown area of the City of Lake Elsinore. The County maintains two parks in the region. Kabian Park, located on Goetz Road in Perris, at the extreme northern end of Canyon Lake, offers public trails through natural open space and scenic resources. The Park comprises approximately 640 acres. Lake Skinner County Park offers picnicking,fishing,and water-oriented recreation within its 6,000 acres. The Development Agreement of 1980 includes a 35 percent open space requirement. Parks, private recreation areas, open space, the wildlife corridor, and lake area comprise approximately 253 acres. This acreage, plus approximately 88 acres of manufactured slopes make up the 35 percent open space requirement. Three park sites are provided, for total of 46 acres. One park site, in conjunction with the elementary school site along La Strada and Summerhill Drive contains 11 acres for the schoolsite and 5.3 acres for the public park site. Another is a 35-acre park at the extreme southeastern corner of the study area, across the San Jacinto River. The third park, approximately 3.2 acres, is adjacent to the proposed Lake along Summerhill Drive in the northern half of the site. The precise program for this park site will be approved by the City's Community Services Director. L . L 34 VE 1. DEVELOPMENT STANDARDS Introduction This chapter establishes zoning and land use development standards for each of the land uses planned for the Tuscany Hills Specific Plan. Exhibit 8, Land Use Plan, depicts zoning for the entire Tuscany Hills Specific Plan. Zoning districts include the following: i o R-SF - Single-family residential zone i o C-1 - Neighborhood commercial zone o OS/R -Open space/recreation zone The permitted uses, development regulations, and design standards of the designated zone shall apply to the appropriate project planning area, as shown on Exhibit 8. This Chapter of the Tuscany Hills Specific Plan contains zoning for the entire project area which will be adopted by ordinance. When provisions contained here conflict with the City of Lake Elsinore Zoning Ordinance, these development standards shall supersede. ! In addition to the Tuscany Hills Specific Plan development standards, this Specific Plan sets forth design guidelines. The design guidelines comprise Chapter IX of this text. They specify criteria for such items as landscaping, site planning, architecture, grading, signage, etc. It is the purpose of those guidelines to augment the development standards for Tuscany Hills. Regulations For and Uses Permitted in All Zones A. Notwithstanding any other provisions of this ordinance, the following general uses may be permitted in any zone classification in Tuscany Hills provided that a use permit is granted pursuant to the provisions of the Lake Elsinore Zoning Ordinance. 1. Educational institutions 2. Churches, temples and other places of religious worship 3. Government uses 4 Any hospital or other facility that is licensed by the California Department of Public Health, or by the California Department of Mental Hygiene, not including a family care foster home or group home that services six or fewer persons 5. Any home or other facility for the aged or for children that is licensed by the California Department of Social Welfare or by the Riverside County Department of Public Welfare, not including a home or facility that serves six or fewer children or aged persons 6. Public utilities B. In addition to the aforementioned uses requiring a use permit, the following uses may be permitted in any zone classification. No permits other than a building permit are required. L 1. Public parks and public playgrounds, lakes, recreation or open green space, athletic playing fields, riding trails, hiking and bicycle trails and related facilities 2. Accessory buildings,structures and uses related and incidental to a permitted use 3. Fire and police stations (T 35 L r 4. Public and quasi-public facilities 5. One single family detached residential unit per legal lot,regardless of lot size r6. Electrical, gas, cable TV, and telephone distribution and service facilities C. General provisions, site planning guidelines, and architectural and landscaping standards shall apply to all zone contained herein unless otherwise noted. D. The City of Lake Elsinore Zoning Ordinance (hereinafter referred to as "zoning ordinance") in effect at the time of adoption of the Tuscany Hills Specific Plan shall apply to all zones unless otherwise noted herein. Single Family Residential Zone A. Purpose and Intent The R-SF Zone is intended to accommodate residential projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. B. Permitted Uses Uses permitted in the R-SF Zone shall include those uses listed below when developed in compliance with the purpose and intent of this Chapter. 1. Single-family detached dwelling units; one dwelling unit per lot. 2. Accessory uses and structures pursuant to "Accessory Uses and Structures," below. 3. Temporary uses and structures pursuant to"Temporary Uses and Structures," below. 4. Small family day care and residential care facilities pursuant to Chapter 17.16 of the Zoning Ordinance. 5. Utility distribution and transmission facilities, including private radio, _ television, and paging antenna and towers. [ 6. Government buildings and service facilities. L 7. Public parks, playgrounds, community centers, recreation buildings, and public schools. 8. Manufactured houses in compliance with the provisions of Chapter 17.14 of the Zoning Ordinance. L { 36 L C. Uses Subject to a Conditional Use Permit It is recognized that certain uses while similar in characteristics to the above permitted uses may have the potential to impact surrounding properties and therefore require additional approval and consideration. Uses permitted subject to approval of a use permit, pursuant to Chapter 17.74 of the Zoning Ordinance, in the R-SF Zone shall be as follows: 1. Large family day care homes in compliance with the provisions of Chapter 17.16 of the Zoning Ordinance. 2. Second units in compliance with the provisions of Chapter 17.17 of the Zoning Ordinance. 3. Keeping of exotic animals or birds, or more than three(3) dogs and/or cats, on the same lot as a permitted dwelling for pets only and not for commercial purposes. The Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained. 4. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for commercial purposes. D. Accessory Uses and Structures Permitted The following accessory structures and uses customarily incidental to any of the above uses shall be permitted in the R-SF Zone: 1. Arbors, trellises, gazebos and similar shade structures of open construction 2. Fences and walls 3. Garages 4. Patio covers 5. Swimming pools and spas 6. Home occupations (in accordance with Section 17.15 of the Lake Elsinore Municipal Code) 7. Tennis and racquet courts 8. Pedestrian and bicycle trails E. Temporary Uses Permitted The following temporary (no more than two years) uses are permitted in the R-SF - Zone, subject to the approval of the Community Development Director: 1. Temporary construction facility during construction, including trailers. L 2. Temporary real estate office and model homes located within a subdivision (see Exhibit 16). 3. Real estate signs, flags, future development signs, and directory signs in L conformance with Development Standards contained herein(see Exhibits 17 and 18). L 37 i i'i:: •::. :: II4 Y i1.: ilil' i i ]ii i iii, ii � � ► 1 i W N ::'::: • :..,: ,, il.: l 1 iii *- 1 1 i i:iii �:ii ,,. ►!!t!Lii!t!!!t:+!!, !!!! si`!: �! if {� ��I •.c. 71 ,! 31 11 k dq W r ii11i iii Il 111 i l�i I�►1;I11i�1� i iill ifdI ;;► ; ; ,,i i l�r : l ` { , i, W is i j �� l{ l I 1, ' If �� ►i {' ,�.F.��`, q� ,11��i11 illl �l 1,1 �►l�,rls„1lsl►�u�yll�il flll �� li,ll, � 1, i, i, i,iL �!• Z U C; �Eif �I z LU r '. r • r,•.. TUd + J L � .1 /iii_ 1 . •?'�I�/ - • ''i�f, f ram. j -... SIGNAGE PROGRAM NOTE: REFER TO EXHIBIT 18 FOR LEGEND - = :-..v .1 _�• ' "=•F=--{=.tip �.•.:� ' �®•e ILL IFYY �,��r,,,,.•. `.`•�.. — — ` NOT TO SCALE EXHIBIT 17 TUSCANY HILLS ` �' SIGNAGE IDENTIFICATION 11 1 l I {f I TYPICAL FLAG 1 f�a'A/1'iV 1 POSTS 'SILLS I Rom 0 0 OtUT-01MO( SiOEfWLN r,e•. TYPICAL FUTURE USE SIGN of iBr __tt u L M]L L S TOP YCn L L TYPICAL LADDER SIGN [ VALTELENA LHomestead Land Dev.Corp. sua. TYPICAL ENTRY MONUMENT NOT TO SCALE ,.Th.ac.mm a,+...qw.f.sanCwhe4.a.P.c+.a hewn.R.fen m m.Ed.b.9,bc.ebrt �.AOwael.eNmf.rc..wbPrtn roe or Glv.e.w.m.nta ery EXHIBIT 18 S Thh uuaf.w wrv.n a.. yp uoe.f.lw Tra.,ry"41i r F. Development Standards The following development standards shall apply in the R-SF Zone: 1. Minimum lot area: The minimum lot area in the R-SF Zone shall be 4,000 square feet. The average lot area for the Tuscany Hills Specific Plan area shall be 5,500 square feet. 2. Minimum street froontaie: The minimum street frontage in the R-SF Zone shall be 50 feet, measured 35 feet from the sidewalk. Lots fronting on cul- de-sacs and pie-shaped lots shall have a minimum street frontage of 30 feet. 3. Maximum lot coverage: The maximum lot coverage in the R-SF Zone shall be 60 percent. 4. Minimum dwelling unit size: The minimum dwelling unit size within the R-SF Zone shall be 1,000 square feet exclusive of garage area,provided that at least 20% of the total number of units within any phase shall exceed the minimum square footage by 15%. 5. Maximum building height: The maximum building height in the R-SF Zone shall be 35 feet, exclusive of chimneys and other appurtenances where the maximum height is 37 feet. 6. Minimum setbacks: The following setbacks shall apply in the R-SF Zone (see Exhibit 19): a. Front yard: 10 feet for main dwelling unit b. Rear yard: 10 feet for main dwelling unit; 5 feet for accessory structures C. Side yard: A cumulative total of 10 feet for both sideyards of main dwelling unit; 5 feet for accessory structures Ld. Garage placement: The point of vehicular entry to a garage of carport shall be a distance of 5 feet or less, L or 20 feet or more from the back of the sidewalk. Automatic garage door openers are required for garages set back less than 20 feet to the point of vehicular entry (Exhibit 20). e. Intrusions into setbacks: Minor intrusions into setbacks will be allowed for fireplaces, chimneys, eaves, balconies, soundproofed pool equipment facilities and other appurtenances as may be approved by L the Community Development Director or his designee. 7. Parkin : The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the required parking for development in the R-SF Zone. , 41 L I i 1 / r RESIDENTIAL STRUCTURAL .:.. SETBACKS ` r 10' 1031 ':' ti ::;:': i Lu OF t oLuc 500 cn r LOT A LOT B L 10' 10' L STREET LNOT TO SCALE 0 MINIMUM SETBACK FROM STREET & REAR PROPERTY LINE TO MAIN DWELLING UNIT Ica >:»»> DENOTES INTERIOR SIDE PROPERTY LINES m� 7wNry4s 7Mwe,c 9I719 ( V WIN* EXHIBIT 19 P/L r P/L _ P/L 1 a I I 50 ALI, F 50 7 3# t L 2 OF 4R GREA TER 5' Zi I SIDE ALfC — NOT TO SCALE GARAGE PLACEMENT To allow for varied setback, the point of vehicular entry to a garage Lshall be a distance of five feet (5') or less, or twenty feet (20') or more from the back of the sidewalk. Automatic garage door openers are required for garages set back less than ten twenty feet .(20') to the point of vehicular entry. aeo�rpat� T....M..... • 1nMrc fJ}T7,. EXHIB 20 IT ,,.�,S—SW s�.k.� r 8. Sims: The provisions of Section 9, Design Guidelines, shall be used to determine permitted permanent signs in the R-SF Zone. Temporary signage as permitted above shall consist of the following: - Flags-Flags will be used along the major project entry, Summerhill Road, to attract visitors to the community. - Future Use Signs - This sign, also of a temporary nature, notifies potential buyers of future community facilities and developments. These signs will be removed upon the completion of the facility or i developments. [ - Ladder Signs - These signs will be located at major intersections within the project to assist buyers in locating model complexes. These signs are also temporary and will be removed upon 'sellout of the complex. - Entry Monument Signs-These signs will be located at major project entries. These signs are permanent. Exhibit 21 illustrates identification signs, flags, and directional signs. These signs are temporary in nature and are typically removed when the models themselves are sold. Permanent signs will be pursuant to the design guidelines. 9. Minor Design review: Prior to the issuance g of building permits,development for residential or commercial uses shall submit applications for design review. Said applications shall be approved administratively by the Community Development Director or its designee. Design review shall be completed within 30 days of submission with a determination that the project is approved,conditionally approved,or denied.The following exemptions shall apply: a. Additions or alterations to an existing structure which do not change the use from one permitted in the residential categories and which does not increase the floor area by more than 50%. b. Accessory structures other than garages,enclosed patios,workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they are located no closer to a property line than the setback prescribed for the main dwelling unit, except that straight-in entry garages may be required a greater setback. LC. Fences and walls: Although fences and walls do not need formal Design Review approval,their proposed location and design must be approved by the Community Development Director prior to construction or installation. 10. Design standards: Chapter 17.14 of the Zoning Ordinance contains 1 residential development standards applicable to all projects within the city Lregardless of zoning district. It is therefore important that the provisions of Chapter 17.14 of the Zoning Ordinance be considered together with the regulations contained herein for the R-SF Zone. Where the standards 43 A L 1 contained in the R-SF Zone are different from those contained in Chapter 17.14, the R-SF Zone standards contained herein shall prevail. 1 t I_ 44 L G / 3' 31/2' • p . Sn z �ct N 08 m*? iul o 3. 3'31/2' i L, E s : 20• _ r - -s �: � z - 1 • 7 11. Other: a. A maximum cul de sac length of 1,000 feet shall be allowed in the R-SF Zone. b. Automatic garage door openers will be required on all garages with setbacks less than 20 feet. C. Mail boxes on the street will be placed at the property line or as required by the post office. d. All driveways must be concrete;use of asphalt may be requested for review and approval of the Community Development Director. e. Site development permit applications shall include: plot plans, elevations and preliminary landscape plans. The site development permit application shall be submitted in the form and number as required by the Community Development Director or designee. All site development permit applications shall be reviewed by the Planning Commission. f. Alternative development standards,other than those specified for the R-SF Zone, may be requested if the developer can show how the project will better serve the public interest. Neighborhood Commercial Zone LA. Purpose and Intent The C-1 Zone is primarily intended to accommodate a shopping area that provides convenience goods and services for the residential neighborhoods. Because of the limited size of this area and its proximity to residential neighborhoods, strict development standards have been designed to minimize possible conflicts with adjacent residential uses. Neighborhood commercial developments must be carefully L monitored to ensure continual compatibility between residential and commercial developments. Only two areas of the Tuscany Hills Specific Plan Land Use Plan allow commercial development. Although designated for single family residential development and recreational park, these two areas also allow for commercial development as specified below. LB. Permitted Uses Uses permitted in the C-1 Zone shall include those uses listed below when developed in compliance with the purpose and intent of this Chapter. Each use shall be L evaluated in terms of its design characteristics and specific site location pursuant to the provisions of Chapter 17.82, Design Review, of the Zoning Ordinance. L1. Retailing of consumer convenience goods and services: Antique shops Appliance stores, household Art supply shops and studios Automobile parts and supply stores Bakeries 46 Ii I r 1 Banks and financial institutions Barber shops and beauty salons Bath shops Bicycle shops Book stores CIothing stores Confectioneries or candy stores Drug stores Dry cleaning establishments and laundry agencies and self-service dry cleaning and laundry establishments Florists Food markets, supermarkets and grocery stores Gift shops Garden supply shops Hardware stores Hobby shops Health and fitness centers and clubs Ice cream shops and frozen yogurt shops Instant printing and duplication service provided there is no pick-up and delivery service Jewelry stores Laundries and laundromats Leather goods stores Liquor stores Locksmith shops Music stores News stores Notions and novelty stores Nurseries, horticultural and garden supply stores Pet shops and pet supply shops L Photographic shops, studios and photo engraving Produce markets Shoe stores and repair shops Stationery stores and card shops Tailor shops Travel agencies Watch repair shops 2. All land uses permitted in the single family residential zone shall be permitted in the C-1 Zone. L3. Any other use which the Community Development Director may find to be similar in character to the uses,including accessory uses, enumerated in this section and consistent with the purpose and intent of the C-1 Zone. - C. Uses Subject to a Conditional Use Permit It is recognized that certain uses, while similar in characteristics to the above- permitted uses, may have the potential to impact surrounding properties and, therefore, require additional approval and consideration. LUses permitted subject to approval of a use permit, pursuant to Chapter 17.44 of the Zoning Ordinance, in the C-1 Zone shall be as follows: L { 47 L 1. Bars and cocktail lounges, including live entertainment 2. Car washes. 3. Delicatessens 4. Fast food restaurants including drive-ins and drive-throughs 5. Gasoline service stations 6. Restaurants, including live entertainment D. Accessory Uses and Structures Permitted Uses customarily incidental to the above uses and accessory buildings,when located on the same lot, including a storage garage for exclusive use of the patrons of the above stores and businesses. Open storage of any goods or materials is NOT permitted. E. Temporary Uses Permitted The following temporary uses (no more than two years) are permitted int the C-1 Zone subject to the approval of the Community Development Director: 1. Christmas tree and pumpkin sales. 2. Temporary construction facility during construction. 3. Temporary real estate offices. 4. Model homes located within a subdivision to be used only for and during the original sale of the subdivision. 5. Outdoor sales and exhibits 6. Special advertisements--flags, banners, balloons, hot air balloons 7. Real estate signs, flags, future development signs, and directory signs in conformance with Development Standards contained herein see Exhibits 17 and 18). F. Development Standards The following development standards shall apply in the C-1 Zone: 1. Site criteria: There shall be no minimum lot size required for a parcel in the C-1 Zone. However, in establishing and maintaining locations or approving uses for the C-1 Zone it shall be demonstrated that the property is capable of compliance with the following criteria: a. The site can support safe and efficient on-site circulation and has Lconvenient access to surface streets with adequate capacity. b. There is sufficient parcel size to ensure adequate buffering and screening where needed to protect residential developments. - C. The site is physically suitable for the proposed type and density of development and capable of permitting full compliance with the City's development standards and practices. 2. Floor area ratio: The maximum floor area ratio in the C-1 Zone shall be L .50. 3. Maximum building height: The maximum building height in the C-1 Zone shall be 35 feet. L 48 L 4. Minimum setbacks: The following setbacks shall apply in the C-1 Zone: a. Ten (10) foot minimum setback from a property line abutting the street. b. Twenty (20) foot minimum setback from a property line abutting residential and open space/recreation zones. C. No minimum setback from a property line abutting a commercial zone. 5. Parkins: The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the parking for development in the C-1 Zone. 6. Signs: The provisions of the Section 9, Design Guidelines, shall be used to determine permitted signs in the C-1 Zone. Temporary signage,as permitted above, shall comply with the signage program identified previously for the R-SF zone. 7. DesiEm review: No building permits shall be issued for the construction of any building or structure in the C-1 Zone until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17.82 of the Zoning Ordinance. 8. Landscaping: All areas not utilized for structures, parking, or other permitted uses shall be landscaped. In addition, the following minimum standards shall apply: a. Adjacent to streets -A continuous area, a minimum of ten (10) feet in depth, shall be landscaped and maintained between parking area and the public right-of-way. Parking areas should be screened as much as possible utilizing berms. b. Buffer landscaping-A continuous landscape buffer,with a minimum of fifteen (15) feet in depth shall be maintained adjacent to interior property lines which abut residential development. In addition, a minimum six (6) foot decorative block wall shall be provided. C. General - All building sites shall have a minimum landscaped coverage equivalent to ten (10) percent of the total lot area. Such landscaping shall be automatically irrigated and shall be evenly distributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for setbacks or buffers. A reduction in coverage may be sought and approved during the Design Review process in recognition of quality design. For the purpose of this provision, quality iconsiderations include the use of courtyards, atriums,creative use of C- ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the landscape proposal. L9. Design standards: Chapter 17.38 of the Zoning Ordinance contains non- residential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of 49 L �d '` �+%�"✓y,.v. ,w. -,`�'„ �avw,-,...S+LF.vk.9� ..x_....'l�",eaf: - �3 Chapter 17.38 of the Zoning Ordinance be considered together with the regulations contained herein for the C-1 Zone. 10. Other: a. All roof-mounted mechanical equipment,satellite dishes,tanks,ducts, elevator enclosures, cooling towers, or mechanical ventilators shall be screened from the ground elevation view by architectural elements such as parapets,etc.,to a minimum sight distance from immediately radjacent fronting streets. I b. Site development permit applications shall include: plot plans, elevations and preliminary landscape plans. The site development permit application shall be submitted in the form and number as required by the Community Development Director. All site development permit applications shall be reviewed by the Planning Commission. c. Alternative development standards to those specified for the C-1 Zone may be requested if the developer can show how the project will better serve the public interest. Open Space/Recreation Zone A. Purpose And Intent The intent of the Open Space/Recreation Zone is to reserve land for park, school, -- and recreation uses; and to secure natural open space as a permanent public .. resource, in order to protect the public health, safety, and welfare and preserve environmental and scenic resources. Land placed in the Open Space/Recreation Zone shall include land under public or private ownership as follows: 1. Parks, picnic grounds, and playgrounds, including neighborhood and community parks 2. Game courts, including tennis, racquetball, and basketball 3. Athletic fields L4. Parking lots 5. Primary and secondary schools, both public and private 6. Drainage or flood control channels, creeks, rivers, lakes and floodplains, including riparian habitat areas L7. Land which would endanger the health, safety, and public welfare of the residents, to include: a. Areas where terrain is too steep to build upon or where grading of the land may endanger public health and safety due to erosion by flooding 50 i 1 b. Areas subject to flooding or inundation from storm water C. Geologically unstable areas d. Greenbelt areas which are formed by land development by preserving the land as a natural area 8. Areas of cultural or historical value of significance 9. Areas of outstanding natural, biological, or scenic value or significance B. Permitted Uses Those uses associated with 1-9 above. No building or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes: 1. Drainage channels, � spreading bridges or crossings, watercourses s readingrounds, g g settling basins, freeways, parkways, public streets, park drives, utility access roads, hiking/riding trails, and fire lanes 2. Privately owned or public recreational areas, parks, picnic grounds, playgrounds, wildlife preserve, and such buildings and structures as are related thereto 3. Game courts, including tennis, racquetball, and basketball courts 4. Athletic fields 5. Parking lots 6. Equestrian facilities, including trails, riding stables, showgrounds and competition facilities 7. Primary and secondary schools, both public and private 8. Public and private utility facilities, such as pump stations, transmission towers, water reservoirs, substations, and similar structures L9. Wildlife or wilderness preserves 10. Mining operations in accordance with plan L 11. Similar uses to those listed in this section, which in the opinion of the Planning Commission, would not be detrimental or incompatible with the intent and purpose of this Zone, as set forth herein. L L 51 L : ;I4��r}�Sa4.Nilla4�:.c�d'v."�3ii��iYS°�(+f a.:1:s.'�._av� i..._.'AL�y�--:, ... ..x... t .. • .. • 1 y • a . u C. Uses Prohibited in the Open Space/Recreation Zone 1. Residential uses 2. Commercial uses,other than those incidental to recreational uses permitted above 3. Industrial uses D. Development Standards The following development standards shall apply in the Open Space/Recreation Zone: 1. Minimum lot area: There is no minimum lot size requirement. 2. Minimum street frontage: There is no minimum street frontage width, provided that each lot or parcel containing a school building or structure shall have a width of not less than sixty (60) feet at the building setback line. 3. Maximum lot coverage: No structure shall be permitted except accessory buildings or those structures related to public park and recreational facilities or utilities. In no case shall buildings or structures exceed thirty(30)percent of the total area in use, except for schools and associated buildings. 4. Maximum building height: No building shall exceed thirty-five (35) feet in height or more than one-story, except for public and private school buildings and structures which shall not exceed fifty(50) feet in height or four stories. 5. Minimum setbacks: There are no yard requirements for buildings which do not exceed thirty-five (35) feet in height. Any portion of a building which exceeds thirty-five (35) feet in height shall be setback from the front, rear and side lot lines not less than two (2) feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from the master plan roadway right-of-way line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as L required for a front setback. Each side setback shall be measured from the side lot line, or from a master plan roadway right-of-way line. 6. Pam: The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the parking for development in the Open Space/Recreation Zone. 7. MechanicalMechanical equipment: All roof-mounted mechanical equipment, satellite dishes, tanks, ducts, elevator enclosures, cooling towers, or mechanical ventilators shall be screened from the ground elevation view by architectural L elements such as parapets, etc., to a minimum sight distance from immediately adjacent fronting streets. 52 8. Design review: All structures, parking facilities, or storage lots and grading operations within the Open Space/Recreation Zone shall be subject to Planning Commission approval, and shall comply with all provisions of Chapter 15.64, Flood Hazard Areas, and Chapter 15.68, Floodplain Management, of the Zoning Ordinance. 9. Other: No mechanical equipment, duct, elevator enclosure, cooling tower, or mechanical ventilator shall be erected,constructed,maintained or altered anywhere on the premises unless all such equipment and appurtenances are screened from public view by landscaping,walls,fences,and/or architectural structures. All fences,walls, and structures shall be of similar architectural elements, which are specifically permitted. t t L L L 53 IX. DESIGN GUIDELINES General Guidelines, Purpose and Theme In the planning of Tuscany Hills, careful thought has been given to the integration of structural and aesthetic elements of'an active community. To ensure that the Specific Plan is implemented in a manner that will bring Tuscany Hills a sense of its own character, a central theme has been devised. The intent in conceiving a theme for Tuscany Hills is to establish an environment that reflects its European elder, the southern European regions of Spain, southern France, and Italy. Tuscany Hills should thus unite the beauty of the natural surroundings with the built environment, in the same way the gardens, vineyards, and surrounding landscape are an integral part of the Tuscany cottages and villas. This theme can be reflected both architecturally and within its landscape design. Rich earth tones and pure forms will dominate the architectural design,while the landscape design will introduce the same mosaic pattern reflective of its Tuscan example. With the fine architecture and bold landscape design, the community of Tuscany Hills will provide a unique and special environment reflective of its European parent. _ Compliance with these design guidelines will be determined by the Community Development Director. Specific project-wide design goals and objectives are as follows: 1. To provide the City of Lake Elsinore with the necessary assurance that the Specific Plan area will develop in accordance with the quality and character proposed herein. 2. To provide guidance to developers, builders, engineers, architects, and other professionals in order to maintain the desired design quality. 3. To provide guidance to city staff, the Planning Commission, and City Council in the review of future development projects in the Specific Plan area. LLandscaping Guidelines Landscaping Goals and Objectives The following are the overall goals and objectives of the landscape guidelines: 1. To reduce emphasis on vehicular impact by careful placement of roads and parking areas, and screening of same from view. 2. To emphasize pedestrian access and circulation,especially between and around roads and buildings. ` EntEy Statements f In designing the land use plan for Tuscany Hills, it was intended that a sense of arrival, L form, material selection, color, and overall theme of the project be established. The major entry road to the community, Summerhill Drive,will have monumentation signifying entry L into the project. Project and neighborhood entries will establish the sense of arrival on a more specific locational basis. The entries, along with the Wall and Fencing Plan, are shown on Exhibits 22 and 23. Three levels of entry treatment are included in the Tuscany Hills project: L 54 �l R ONUMENTATION, WALL & FENCING PLAN NORTHERN SECTION slow �' k',5�-•L:w-•d !Oro%L . - + Qr " '0'a• D ; r' a "Y �t7f .�� S ti i \ , 'c- ar\ _ ` aa s;E. :;• � 1. .. .rat 4 a f 1 � �Y IrL e> '.M�.•.tj 11 I fS lid- 'J .I' r l 4 '- c1 4-• ■r I .>/�][ r .I- p :g S p5 a-, A ,� `{�tS♦'.s. END ' ) �,. 11 t 6 �j �.. � !-S IE Ol J � •'- LEC 9 v S1 4 � I a o��°l ,c- - ;- .I •j" •tit •Y Ji � IJ r 3 Ir- Itit a • �' '\ � ^ � 1 - s=•1E`l a•r S t 1 t ' s{ s /' 'h —I Primary Entry Mooume¢tation s•,.. Q� Scoo¢dary Entry MD¢ume¢ta0on 2OBO,t t:r :� 1• t y;, t �[ �.a•'• `"NEGiWT10t1 4;. - x�l ^ s•!- .�r' :' �• •! „zis - , .a _ V 1k rtlarywruje t Entry �� •..- �� L .F.. •l;a --I-'c', o ' - y;�,.r• � _� •i bK^..�v � � ,.,.,.,.,.,.,. Mo¢nmenletfo¢ 1 it 'r j.�_ • ��1a 1d r .I t..i' .-- �=•' 1 �'-'Ir.• s ., lb—Wall �I'**- �d - " ). ry 1-'Ifs✓.-':._,, LAKE - ` •-3-�� 1.1'' -..�____. S—ndary St—Wafl IL _ I 3. i)-: r!; r r o a --� - mil••: S a_Lr t�t _ �'.• y�l r� f )- � .� �A �� -'.;S {- '-L � s+ Wrou Iron Fcnrc 8hI .:�I� tea'• y-II r�' 'r jay 'C✓��' r��?! f'"•I 1 ti'�'� -� _ __rr-.-_ Glass Screen Vt—Wutl E jM1 •• -s`. �[a i; W - {S`s1f ' Plate,Unit Enundariea I Ylf ni.K CONIIIDON. OAP -.y a•a• • i a h a �_ �• • •1''s i!•.�•. seta ":e' _.�la•'L' rr,; 'e. =..'f� �•.!^ � � !� �.� •' '•, .[ .� 4 e 's!e!eiarel'pla a eat _ T•J1 L �r ©ASS .•�y �.• a.er,yaa.ar lin r-(�F')� s8C%10CL SITE PARK we.;' '�`��'$j• - L N-T.S- EXHIBIT 22 syo�aatrd L SOURCE: KEITH FRENCH GROUP -rilawr 1r10NUMENTATION, WALL & FENCING PLAN fUTHERN SECTION r •c 4al Primary Envy Monumen�tion +�'• "''�'S� -~ �••-�"^�� {;.P, Qrll Secondary finny Monumenmtion ��-•r— � _ Teriary/Fmject Fitlry Monumenutvoo rl_ ...... Thome Well .-__-...-.- Socondary St.WaU WronPht icon Fence l , � - \ •� '1- 'Rnee-Rail Wood Fence Property Une Wood Fence � sue.� J .^\ / _�'.•.'. '.�� •� •i\1J _.77 r__ j Planning Unit Boundaries �' A. _1�` L..._ �.._.._.._.._.._.._.._.. . I . l j N.T.S. EXHIBIT 23 �, ansat�r ss�vciatr� SOURCE: KEITH FRENCH GROUP .. • 1 AA 1. Primary Entry The major entry monumentation at Summerhill Drive will consist of two major elements. The first is a monument with a series of cascading waterfalls. The second element consists of a series of terraced walls with cascading water falling into pools. Tall vertical trees will serve as a back drop for this feature. Light earth tones will be predominant in material choices. Exhibit 24 illustrates the Primary Entry Monument and Streetscape Plan;Exhibit 25 illustrates the Primary Entry Monument Elevation. 2. Secondary Entry The secondary entry serves as an arrival point to the main project community and formally sets the theme for the community. Secondary monumentation will feature the same material choices and color palette, but will be much simpler in design. Exhibits 26 and 27 illustrate the Secondary Entry Monument Plan and elevation. 3. Tertiary Project Entries Entry into actual project or neighborhood areas is signified by the Tertiary/Project Entry. Overall, the project entries shall provide focus for and identification of the individual project it promotes. Tertiary monumentation will be smaller in scale, providing a transition to pedestrian scale,but will reflect the same image and design quality that is exhibited in the primary and secondary entries. The project entries are found primarily off secondary streets into individual neighborhood enclaves as illustrated on Exhibits 22 and 23. Exhibits 28 and 29 illustrate Tertiary/Project Entry monument plans and elevations. Streetscapes A street hierarchy has been established in order to present a clean distinction between the relative level of streets and to emphasize certain key aspects of Tuscany Hills. This hierarchy is depicted in general format terms in the Conceptual Landscape Plan,Exhibits 30 and 31, and on the Streetscape Plant Palette, Table 8. This hierarchy will in part be established by the street landscaping,which has been chosen to reflect the project's overall "Tuscany theme. Careful consideration of the relationship between street and plant material characteristics will help establish a character to reinforce this theme. There are Lthree levels of street hierarchy in Tuscany Hills which are discussed below: 1. Primary Street (Summerhill Drive) LA semi-formal landscape concept is proposed for Summerhill Drive and is shown in detail on Exhibit 32. This road will function as central "community collector" for i the project. Formal groupings of large spreading Red Oaks will be planted in the iL parkway along Summerhill Drive. An understory of ground cover will complete the treatment. L2. Secondary Streets The secondary street landscape concept will be less formal, transitioning to more formal theme of Summerhill Road. Informal groupings of London Plane trees will be planted with an understory of turf and slope planting where needed. Exhibit 33 shows the Secondary Streetscape Concept in detail. 57 i . � � ,� � mow. • • , ,.y �' '� .. Nl 1 r ! Jr n i 1 I t - • .•. •1�•� \ 66 ^r �_ --('l`�f•ems 'I r\ � � \\ �.', = _,r•/�� ter- �e , 1�`,. , ®® � (` J r �' C ,` , ! }�II•: �%. ./�. 1, �° CD cnIK l.' '�. ,I i ,f Y _..,......_.-.---- w CDC I y m 9 m CD d i � f t -F _ I { � r f + 1 n m - m x T n U� C r 1 CD ------------- 1 � • 1 AT N Co a � 3 r A N O C O m �clt E x 0 _ 7,31 cu r N � � N V � ............................................... ............ . 1 ; f b� � I Y I } I I I i l •� i fi m .. m z - A � c c f i Flo r 7 tm _ m � - ri IL {.. . "6 1 O i y ' A � . C) ,J -- x �• T Ib m � z o �• u� z O c ro 12 r IR C17 � ::I CD a>' CD A C r CONCEPTUAL LANDSCAPE PLAN NORTHERN SECTION r . 1jY OOGOCOW60Cp�� E000OC6ry. uqO�'�' �� a�y7''o •�oo'' a°- �c�u •t' iy3�gp� � •,_ ii va-'�" ....lf_. _ "'� � �?,toa'•� ;�'�IR'1J6E.{,ca4' .'�'ac �" .'T imcocomo�xcae may '`-R o' � .� y�.a�tyy�p�p � .�- :.` zAp=L..�L.! ;y�aoo�oxoa.»� �q., :S': � �� .crv<i'c•+` _� _'Ai`�..s`rb�= � :;[��y{ It�� .� £" •a •.`4�Y I` �v�_g]�,, 'ply, ��y(y_}-Wx.` `�B�t `�','. ��".fsK _ Y ��. - •X 3 d1`C'G• • • `�} •. '. .t r .moo . '�,7 sG LEGEND �o.:'RT.�.. '.t• F.G '.ate _ s7• :.y. A .,•,� ^y .•� R : - r. m it :•c.' Accent Tree 'Y '• Q..- •,}4 - T� og •.' t; Canary Leland Pine A�.� �r _ a O Primary Strcet Tree R , R 2507 r C,++ PQ 3 .`6 . - ''�. RECREATION14. Red Oak d8yo u a PARCE�.2 cFxrP�t o T CT 25075 _ Secondary•} 0. _.F: c��•,� ]�'•.• y �`��p` O Seconds Street Tme A x ..6 sq•�F•:.�•"�b - .... •j�.: •a-F• `$'. Magnolia '12C�� N' RC Fi`x�. Ja-' .. uu� '� :` O° Secondary Street Tree 6 'BRA 77 a j 3 London PLane Tree 2. Bo •r Interior Street Tree bk 9.4 L-------j Oleander l,cdge Rows K 'rsipop j.xr?c' "'*.; �. . -• ." +� +' � F515:1 Mnditiratinn hone �' - '9�- - 0. - .'TR14CT�25Q�7. -• �; 'Y tip. t'}4 - ,.. .. _-�'?�c.rz.y�•. -"`" -x..:;'�;.�.': Planning Unit Eoundarics wttJ)LM C APADM up ■ 7C 4t �- F,' •�`Y"e�4i�SV00ii5gVJ.: _ 1:. fit SITE .1 ... .. t3Cn00L 5)iE •pPgrll(9ZEa.&. lV.T.S. EXHIBIT 30 atc;; LSOURCE: KEITH FRENCH GROUP �f w1. CONCEPTUAL LANDSCAPE PLAN SOUTHERN SECTION m ° of e �� °g� • J•-i' °°°y� � LEGFJVD Aarat Tree eo• -°08- °° _ . C.—y Island Pm cu•.o�pmaoga'�oueomoota°o �°�' o°° o �t°eo•°eo ryes° eo~:♦:`mo`�' �oo .°e�o„_oo ;! O Primary Strret Tree 8� 0 2 �p •$eeo g o _ _°+gyp�. a'' Red oak o q o• yd'' Scmndary Street TreeA Magnolia •i� g$ °8 °qs SannderyStreet TrceB jQ %°o °o ; London PLane Trce 9q, : �•�°=°W°�°c 34. q�•oQi O ..do,S[reet T o,� T. °a L• `\ 5 � •Js•° °.�� o ?>} s �� Olca°de,H°dgc Rawl ,>>°gq��o _Sai. a8'°owoe0000 jG `�$ ° ° .; • Duel Modleca,lon lone °�>m` °q� ° `j° 54 a m '$ • Planning Unit Boundaries F_ �;,JOG. 4°pe�V��• off^y e � a P R■R■R■ 1 J�bco'b.,l' ,�'�+oO��b LL'' as�e' y, �a ® a �°�•v� • ° - - may.` °°O ''h.>o^ y� � G �3.. •0 8 I ._ v� J ..-• �-,�bi• �;;�°°°�; �>e'°°>>;,. w':"»�o � _ - »� Pig:.. =z• -3 J • 9 -s= . 3 .. •J°>p'•bs >>•°o°.r' oeneeoo°ea�• o „P 3 F a�. .o•�+' �''e•-a�s`b ° 'sogD.oy°�o °° '� eee--"•,e 3°:o; S: •3 w'"••V.',.s�-"3 �' •°°° oc °�°j""" �_ .3��8,�. '; '`- ao5>°o'o �a.�.•. �= o° i c"•• 0 00 •°'oJoo i z Il o irk °°awe o°3aocov°°J o>pO ��°p n=o°a>000a�000cJw°e a>Jo��oo°�`., ` °peo�eeeaeo.y�ee 'j9p�T'p° r d e I 1 i °oop L 8 3 L �eae � m 1 LN.T.S. EXHIBIT 31 unsakeY SOURCE: KEITH FRENCH GROUP _ ssocaat�r, rAc TABLE 8 Typical, Streetscape Plant Palette Primary Street Tree Quercus rubra (Red Oak } - 24" Box Secondary Street Trees Magnolia grandiflora "Majestic Beauty" (Magnolia) - 24" Box r Platanus acerifolia (London Plane Tree) - 24" Box Accent Trees - min. 15 Gal. Pinus canariensis (Canary Island Pine) Interior Street Trees - (min. 15 Gal.l Geijera parviflora (Australian Willow) Ginko biloba (Maidenhair Tree) Koelreuteria bipinnata (Chinese Flame Tree) Koelreuteria paniculata (Goldenrain Tree) I Lagerstroemia Indica (Crape Myrtle) i Liquidamber sytraciflua (American Sweet Gum) Podocarpus gracilior (Fern Pine) Prunus blireiana (Hybrid Plum) Pyrus calleryana (Ornamental Pear) Pyrus kawakami (Evergreen Pear) Quercus ilex (Holly Oak) Cinnamomum camphora (Camphor Tree) Pistacia chinensis (Chinese Pistache) Jacaranda acutifolia (Jacaranda) GIeditsia triancanthus (Honey Locust) Bauginia purpurea (Purple Orchid Tree) Source: Keith French Group L 66 r +,.�'T-�'ki`�3YG�i:,4Wy':21a1:}A�::.-'.?'x..'"•,�rr".co4i`.'�-f„'a:>;°+f:_:.�.:f.?`a`,::�:1`:�:-qui1.:.'::'_ .. - -.... t i 1 v A a0 d a 0 0 } o Qp 0 P QS o b P .D.tult— ,�II11tiY- O �' w o0 o 'o O 4411 C• G � � O Rll O 4 o O tll � p O A � vb wQ d 11 � • y C m II' mail XI m I � 4 x � _ c III � a c 1{li C o v r IIII d � 6 p e c O c lr -l4 • 9 _ � O O. vc Q O 04 •p• o o Q' . ��rwr�� _ y Q m x CD to i r. F— f— F— (— F— f f— r-- F--- F— F-- F— w 1— o n � � b b e y I� �a Volt A !! c E; ro =1! z A x a o tititi - � o 4! o s 1 l7Y } Cb A_ n 0 a Zh m X W cD ca -4Y..-v':;..aw.-..-.�# � 1�9i :'L xGM•'.J4d... -. .. •� .. �.-. l .- w .. .. ..CC.CFFF",YYY.jam. �..._�: . .^tr a.a r.-.Ac ti'._ s:•..n xc.r.....i1�,4..-xw ��. a ... � �- .![�~ I 3. Interior Streets The interior neighborhood streets within Tuscany Hills are informal and pedestrian oriented. Canopy shade trees are to be regularly spaced within beds of ground cover and will provide a canopy over the sidewalks, creating a pleasant pedestrian environment. The use of different species of trees on individual streets or neighborhoods could uniquely identify various projects within the overall community. Landscape details for interior streets are shown in Exhibit 34. Landscaping Standards and Requirements for Commercial Overlay Develol2ments Prior to the issuance of any building permits, detailed landscape and irrigation plans shall be reviewed and approved by the City. 1. All building sites shall have a minimum landscaped coverage equivalent to ten percent (10%) of the total lot area. Landscaping shall be evenly distributed over the site and consist of an effective combination of trees,ground cover and shrubbery. 2. All projects shall provide landscape and irrigation for all areas not devoted to structures, paving, or approved storage areas. 3. All landscaping shall be maintained in a neat, clean and healthy condition, allowing the landscaping to improve and mature over the years. Landscape Maintenance Responsibility The landscape maintenance responsibility plan within Tuscany Hills is illustrated on Exhibits 35 and 36. The plan can be categorized as follows: -- 1. Landscape Maintenance Districts These areas are the responsibility of the Landscape Maintenance District and include: major slope areas along circulation routes, major and secondary monumentation,primary streetscape,the wildlife corridor,and the fuel modification zones along the perimeter of individual development areas. The maintenance of L these facilities does not burden the City as they are paid for by the residents of Tuscany Hills. L2. Master Association Areas These areas are the responsibility of the Tuscany Hills Master Association and include: private recreation and community facility areas, and the lake area. 3. Private L These areas include slope areas within the property of individual homeowners as well as the maintenance of front yard landscaping. An illustration of typical front yard landscaping is provided on Exhibit 37. L L 69 �3 INTERIOR STREETSCAPE Single-Loaded Street a, ' r .a Covam�cavw' k 4 Double-Loaded Street a L a L ' . '. A • e . r . i. A: E SOURCE: ,N L EXHIBIT 34 FIAAINTENANCE RESPONSIBILIY PLAN VORT1iERN SECTION & PHASING PLAN '�p��T`25G�f7�'_,•-..a�•� t '� t. ? 6 p�.� o � .e '`4 e�a?\ ,J�F F ,t„L,e lr � ■s -.- _ '', Lbw tl,_t !1r1,�i7, % � n o - , ' x;, ..- 'Y 74 Legend for Maintenance Responsibility Plan y�l i�l�.aitl lrr Prima y.Slo Areas- ma _• -S _+dti•� -1 av f .�Ils�i 1-��'F � '' \ '� t� �" T I y - Ly's _- _ Installed by individual Developer Maintained by Landscape Maintenance District L`-A�r or Homeowoers Association Et; ,' .TL Secondary Rtnpe Areas: a Ys'r �'c Installed by ladividual Developec r '��R '� - t, � ""�� Maintained by# LandscapeMaintenance District 25 yrj - t r-',1'-- or Homeowaen Association Installed by Individual Developer Maintained by Private Homeowner s Lyt. Fnr- ! ?. Installed by Individual Developer �t jly f Maintained by Landscape Maintenance District or Homeowner Association ^L 1 ate`. 1,5_i��F�I�_ C I �� I i_ � 1l �pn• . 1 .u��—{ I_ �yv� t 4 �C. Planning Unit Boundaries Lq i TR � ft � �' •�- - t } • Installed by Master Developer l Maintained by Homeowner's Association j�1 WWL]FE COPoaOOR � Y t 3 ��. - S '� r Y ■ Installed 6 lake Elsinore School District Maintained by LESD b ,•a a _ �� iF a' — r ♦ Installed by Master Developer i ,r u i _ (3— n a Maintained by City Landscape Malutalnance District(Cl mi)) ti ->r Maintained by CLMD or Homeowner's Asso- b elation Sj ,a 1 y, rVCrmM�sN ! ry� j •A 9 4'�� 2V ACHOM SrtE pAWI'BI7! x L N.T.S. EXHIBIT 35 SOURCE: KEITH FRENCH GROUP X:oc; rMe i-rN A►Irw•°rw AINTENANCE RESPONSIBILITY PLANT IOUTHERN SECTION & PHASING PLAN y: ./••/.. ��1.{' i LEGEND ]nstalai,,d by Mai Developer Nleintamed by Maintenance c4trict dA -�-•`'+ b-�•+u 1.-- '' -.1 Nhi,ad b.lndiviaint Developer Sfainuined 6l titaintenarrce Abrrict Installed 6s lntllvldual Uevel,Inr ! - Maintained by Pdyate llome—tr •• .s'Via. 'K a-.s FudModifiwtipo Zonc: mg,.• ,:S;.w�;•'J - Installed by Individual Developer 1 za-- ^i S Mainraincd by Master&—in- PldnnlnE Unit[rpunJaries 746 5g F _ TA 7.7 4.. •f f �'� t R fad`; "1 i I j I N.T.S. EXHIBIT 36 ssociares� L SOURCE: KEITH FRENCH GROUP mar• M � v m � � Wz a Ib cz $. w c U CL cn F .D a =s bo �q '6 3 >cl d tko -3 e as � d ° h H r o ti , eq 3 w Gn x 1 d o p c� ¢ U W m LL 2 - H W p 1 p co Y f r G/ Site Planning Guidelines ! Hillside areas predominate much of the Tuscany Hills site. The development is intended not only to preserve open space areas,but to complement existing topography to minimize hillside grading. Residential areas are intended to be high quality, well designed environments with high appeal to homeowners. The following guidelines shall apply to residential development in Tuscany Hills. 1. Curvilinear street layouts shall be encouraged to enhance streetscape. Long runs of straight local streets and 90 degree bends should be avoided. 2. The use of geometric"grid" layout should be discouraged. 3. Where possible in hillside areas, units should be clustered `to preserve rock outcroppings and views and to minimize hillside grading. 4. A variety of lot configurations and sizes should be utilized to accommodate various product types and create project interest. 5. Views to open space areas and project amenities should be encouraged. Architectural Guidelines The following guidelines and standards set forth the bask architectural character and design theme of Tuscany Hills. These guidelines have been developed in order to achieve a high 1 level of appearance,assure product compatibility, direct character and form and to establish 1 the community's design criteria for use by builders and architects. Residential Architecture r Each neighborhood in Tuscany Hills should have a distinctive architectural product type and/or style associated with it while keeping within the Tuscany community theme. Nearly identical homes lining streets with neither variation in building placement or form shall be discouraged. Possible architectural product types and/or styles are illustrated on Exhibits 38 and 39, and major components of the Tuscany Hills residential architectural guidelines Lare discussed below. 1. Building Massing and Scale The architectural image of Tuscany Hills will be perceived primarily from public spaces such as streets, open spaces, and parks. Therefore, building massing, scale and roof forms, as primary design components, require careful articulation in their architectural expression to these public spaces. Appropriate: o Articulation of wall planes o Projections and recesses to provide shadow and depth o Maintain varied and low profiles at property boundaries P P P tY o Incorporate one and two story elevations conveying sense of human scale 73 ARCHITECTURE LEVATIONS .yyv California Ranch ry EXPANSIVE USE SHALLOW PITCH OF GLASS 4:12 OR 5:12 LARGE BEAMS LARGE ;FLAT 1LES « 7 OVE3�}'{A1JGS I •,is .:; '�?'::c .�w•,�.&% 1 . MASONRY OR STONE ACCENT BOARD ON BATT OR FOR BASE AND FPS:i ACES LAPPED WOW SDNG -- Monterey'Style ROOF PITCH EAVES 24'- 30' *12- 5:12 WITH 12'- 18' RAKE SHUTTERS AND GABLE. HP OR USE!! FLAT TILES - ON1DED LIGHTS OF SHED ROOFS AND 'S' TILES 44 LSOURCE: MSSUIJTAN sYmmETm PLAACOvENT WINDOWS T ES OUT OF DOOR AND WIDOWS OR FLANKED YnTH SHUTTERS _ _ EXHIBIT 38 r _ ARCHITECTURE ELEVATIONS k Mediterranean Contemporary JGrrrLY i r�CTI� STUCCO GABLE OR •S• Leg HP ROOF AWNf4GS TiCi{T FASCLA, ROOF PITCH ALLOWED LITTLE OVERHANG 5.12-6:12 r 'tab Oil ,. ACCENT BATHS OF PLASTER DEEP SET LSSED GARAGE TIZ BFiIM OR STONE l%xfxx ADS WINDOWS AND DOORS DOORS 12' Wk Mediterranean Countr y L STUCCO WALLS F 1t 2 PPITCH5 •S• TLES AND FIREPLACES WOOD 779A GABLE OR AND rERS 1 HIP ROOF LtIt �lk t7l . L SOURCE: TRAD(T10NAL AM S#PLE WROUGHT PON WrDOW FOFiAdS DETAL.S USE OF acXX Lage EXHIBIT 39 r _ ARCHITECTURE ELEVATIONS k Mediterranean Contemporary JGrrrLY i r�CTI� STUCCO GABLE OR •S• Leg HP ROOF AWNf4GS TiCi{T FASCLA, ROOF PITCH ALLOWED LITTLE OVERHANG 5.12-6:12 r 'tab Oil ,. ACCENT BATHS OF PLASTER DEEP SET LSSED GARAGE TIZ BFiIM OR STONE l%xfxx ADS WINDOWS AND DOORS DOORS 12' Wk Mediterranean Countr y L STUCCO WALLS F 1t 2 PPITCH5 •S• TLES AND FIREPLACES WOOD 779A GABLE OR AND rERS 1 HIP ROOF LtIt �lk t7l . L SOURCE: TRAD(T10NAL AM S#PLE WROUGHT PON WrDOW FOFiAdS DETAL.S USE OF acXX Lage EXHIBIT 39 7 } 2. Roof Pitches and Materials Simple pitched gable,liip, or shed roof forms shall be the predominant roof elements in Tuscany Hills. All pitched roof materials shall be clay or concrete tile,tone metal or copper, as approved by the City to ensure a continuity of textures and colors. Appropriate: o Simple pitched gable, hip, or shed roof forms o Cornice banding for detail o Combining one and two story elements o Creatingjogs in ride line J g 3. Materials and Colors Exterior building materials shall be of natural materials which are compatible with and reflect the elements of the surrounding natural environment. This includes wood, masonry, adobe, concrete, and plaster or stucco. Color is intended as a primary theme element reflecting the indigenous elements of the natural environment. The values should generally be light, with darker or lighter accents encouraged to highlight the character of the structure. i Prohibited materials include vinyl or aluminum siding and dark earthtone colors. t_ 4. Windows and Doors Recessed door,window and wall openings are characteristic elements of the intended architectural style of Tuscany Hills. Appropriate- 0 Relative symmetric placement of door and windows o Large windows with divided lights o Windows trimmed out or flanked with shutters EL . 5. Garages Garages are a major visual element in single family housing. Ornamentation is encouraged as it relates to the architecture and provides visual variety along the streetscape. LAppropriate: o Staggered setbacks and placements Lo Visual design treatments including color accents and moldings 76 L 6. Further Design Considerations Appropriate: o The use of balconies and porches o Columns and archways incorporated as a structural or aesthetic design element o Chimneys of simple design, having same material and color as the building o Private walls and fences are encouraged to provide security and privacy a Mechanical equipment must be screened from public view Commercial Desipm Criteria Retail structures permitted in overlay zones are intended to be complementary to the residential development in the community. The design should relate to the historical roots of Tuscany elements,including formal order,symmetry,classical vocabulary(domes,arches), towers, integration of automobile, and direct relationship to the sidewalk is encouraged. Adequate landscaping to soften building masses and parking areas should also be provided. Appropriate: o Smooth stucco, plaster or masonry walls o Regular, even panels of smooth stone veneer of a light color o Combination of flat and sloped roof surfaces of clay or concrete tile, slate, copper o Light, natural colors Community Walls and Fences Community walls and fences consist of elements that will face public streets or view corridors or that will be constructed in relation to public facilities or use. Community walls and fences serve as a unifying element along street corridors and link community project and neighborhood arrival. The overall wall and fencing plan for Tuscany Hills was Lillustrated in previous Exhibit 17. Five types of walls/fences are proposed and Exhibit 40 illustrates three of the proposed product types and their associated materials, which are discussed below: L 1. Theme Wall-This wall is used exclusively along the major circulation route through the project, Summerhill Drive. L2. Secondary Stucco Wail-This type of wall is essentially the same as the theme wall, but does not incorporate the use of stone. This wall shall be utilized in all other areas of the project where a solid wall is required. 3. View Fence -In order to maintain views, this type of fence will generally be utilized where the elevational difference is greater or equal to 15 feet within or on the boundary of individual lots. The fence could be made of glass acrylic panels for 77 L G/ r WALL & FENCE ELEVATIONS Wrought Iron Fence Downslope II tkviec afira:o- cdor 1 lm►a'ria�3 �a'an�u�' — �-t 4 trp r r U - 5 Stucco/Stone Theme Wall & Pilaster Secondary Stucco Wall & Pilaster ��r �fU� —Gor�nada 73efaiG . Caiif�,;�;��• .r, � nlrava�nf ira'n ravrcw M�rleyc��hxc�- kmev7a�►G' N ~� L ,SOURCE: L EXHIBIT 40 r t L� noise reduction or wrought iron. This view fence will also occur at the perimeter of development areas adjacent to open space and fuel modification zones. Signage Program ` The signage program previously identified in Exhibit 18 for Tuscany Hills consists of temporary and permanent elements to assist visitors in locating model complexes and identifying key facilities of Tuscany Hills. In accordance with the Development Standards contained herein, flags, use signs and ladder signs are of a temporary nature only and will be removed upon project completion. The locations of entry monument signs are shown in Exhibit 17. These signs are permanent facilities. Exhibits 22 and 23 show primary, secondary and tertiary project entry monumentation. Exhibits 24 through 29 provide illustrations of typical monument signage. 1_ L L L L L 79 L '.M'•iYYiS'''s .'•.iti. e„x.v,?:. in..t<:rlc'.5.�;.y>. .. :,z. ., ' ,.•r:.�.. ::r!�'.�a.�•,L�.x.:.ta:,..w:,::J:_:.....tc.�r..�.`.:....,s:::�sru«.;sx.�*•�,,.... ,... . X. IMPLEMENTATION 1 As previously stated,the Tuscany Hills project Development Agreement has been approved by the City of Lake Elsinore. In addition, the southern half of the project has been approved via TTM 17413, revision #4. The purpose of this document is to bring together the planning studies and agreements that have occurred to date. However, several processes and procedures must be accomplished in order to implement the development plan contained within the Tuscany Hills Specific Plan. It must be established that the Specific Plan is consistent with all State and local requirements before it may be approved by City Council. Following its approval, several steps must be completed at the regional and state levels before actual development may commence. These steps and procedures are described in detail below. Consistency State Planning and Zoning Law Section 65450 of the Government Code of the State of California (known as the State Planning and Zoning Act) gives authority for the preparation of specific plans. Section 65450 states: "The planning agency may, or if so directed by the legislative body, C prepare specific plans based on the general plan and drafts of such regulations, programs, and legislation as may in its judgement be required for the systematic execution of the general plan and the planning agency may recommend such plans and measures to the legislative body for adoption." Article 8 through 10 of Chapter 3 of this law defines the scope, procedures for adoption and administration of specific plans and regulations. This Specific Plan has been prepared in accordance with these provisions of the State Planning and Zoning Act. California Environmental Quality Act CThe California Environmental Quality Act of 1970 (CEQA) was enacted in response to increasing public concern over the environment. In a 1972 landmark case, Friends of Mammoth et al.vs. Board of Supervisors Mono County et al.,the California Supreme Court ruled that Environmental Impact Reports must be prepared for both public and private projects having a significant effect on the environment.Environmental Impact Reports must be prepared for all specific plans. Focused EIRs or Negative Declarations may be adequate ( for lesser projects or for component projects which are part of a Master EIR. L An EIR was prepared for the project in 1979. Subsequently, an EIS was prepared for the L project in 1982. In order to ensure that environmental issues discussed in these two documents, accurately and completely reflect current conditions associates with Tuscany Hills, an addendum to the previous environmental documents has been prepared and is contained in Appendix A. L. Cityof Lake Elsinore General Plan Section 65300 requires cities to adopt a comprehensive long-term general plan for the physical development of the City, and any land outside of its boundaries which in the planning agency's judgement bears relation to its planning. The City of Lake Elsinore adopted its General Plan in December 1982 (Resolution No. 82-83). The plan projects the development of the community to the year 1992. The project is consistent with the current general plan, as the site land use designation is Specific Plan. L 80 L \ Specific Plan This Specific Plan shall be processed in accordance with the provisions of Chapter 17.99 (SPD) Specific Plan District, of the City of Lake Elsinore Zoning Code. This chapter provides for the processing of Nonconditional Specific Plans which allows for the approval of the Specific Plan document and zoning on the project site concurrently. As part of the process, the City Council establishes the development intensity for land uses within the project. Specific Plan Modifications/Amendments Minor modification to the approved Tuscany Hills Specific Plan will be allowed at the discretion of the Community Development Director. Any modifications to the Specific Plan must be consistent with the purpose and intent of the originally approved Specific Plan document. Appeals of the Community Development Director's decision shall be made to the Planning Commission. The Planning Commission shall act on appeal within thirty(30) days. All modifications or amendments to the approved Specific Plan, other than such minor changes, shall be processed as a Specific Plan amendment and are subject to all specific plan procedures. The following modifications constitute minor changes to the approved Specific Plan: 1) Transfer of Units: The maximum number of dwelling units in a residential area may be exceeded by up to 15% of the maximum, as long as an equal number or greater of excess units is available from a previously approved residential area which did not accomplish the maximum number expressed in that area to achieve an overall balance. 2) Roadways: Minor changes in roadway alignments and street sections are allowed, provided such changes are consistent with the streetscape concept for roads,and are subject to approval of the City Engineer and Community Development Director. 3 Phasing Program: The phasing program may be modified provided the objectives P g P �' Y � P J of the program continue to be met, and provided that all infrastructure including, but not limited to roads, sewer facilities, water supply, and drainage facilities is available to serve proposed development. Any deviations from the Phasing Plan shall be subject to the approval of the Community Development Director, and if deemed to be a significant change, the Planning Commission. The following are administrative standards that apply to the implementation of future L development applications (i.e.,plot plans,tract maps, or parcel maps) for the Tuscany Hills Specific Plan: 1) Future tentative,or parcel maps and site plan review packages must be in substantial L conformance with the development standards and design guidelines of the Tuscany Hills Specific Plan. L 2) Final subdivision or parcel maps shall be in substantial conformance with the approved tentative or parcel map as well as the approved site plan package. 3) Building permits for dwelling units shall be issued when a final subdivision map has L been recorded. Permits may be issued for model units prior to the final map recordation subject to the requirements of the City. L81 L f 4) Mitigation measures for environmental impacts shall be reviewed during the tentative map/site plan review stage. The tentative map shall be conditioned as necessary to mitigate any remaining impacts at the construction stages. Approval of the final Specific Plan for the project shall be accomplished by Ordinance. 1 ^ r L L L L L82 L _ w XI. PROJECT FINANCING The funding techniques to finance the public improvements and public services incident to ( the development of Tuscany Hills are summarized as follows: t 1. Assessment District Homestead Land Development Corporation has heretofore constructed certain improvements to be acquired by the City generally described as follows: Acquisition of Summerhill Bridge: street, storm drain and sanitary sewer improvements;relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. The bridge links Tuscany Hills with the property to the south. In order to pay for ( the cost of constructing and acquiring the improvements, the City has undertaken l and completed proceedings for the formation of Assessment District No. 89-1, pursuant to the Municipal Improvement Act of 1913 (Division 12 of the Streets and Highways Code), and issuance of bonds representing unpaid assessments, pursuant to the Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code). 2. Community Facilities District (Public Improvements and Services) Under the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, Part 1, - Division 2,Title 5 of the Government Code),proceedings will be undertaken for the formation of two (2) or more community facilities districts to encompass the lands within Tuscany Hills (The"CFD"). Within each CFD, a special tax and issuance of bonds will be authorized. The special tax will be levied annually to pay for the cost of public services; to pay principal of and interest on bonds issued to finance public improvements; and to pay for incidental and administrative expenses in connection with the foregoing. The public services and improvements are generally described as follows: Police, fire protection, maintenance of parks, parkways and storm drains together with incidental and administrative expenses in connection therewith. Construction and acquisition of improvements for streets, sidewalks, curbs and gutters; street signs and traffic signals; street lights; water and sewer; storm drains; retaining walls and slope protection; L acquisition of easements, rights-of-way and fee title to land; and incidental and administrative expenses in connection therewith. LIn order to accommodate development, the CFDs shall be formed and bonds attributable thereto shall be issued as a condition to each phase of development. 83 1 ! 3. Landscaping and Li kiting District ! Under the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the Streets and Highways Code), proceedings will be undertaken for the formation of two (2) or more Landscaping and Lighting Districts to encompass the lands within Tuscany Hills (the "LLD"). Within each LLD, a special assessment will be authorized to be levied annually to pay for the costs generally described as follows: Maintenance and servicing of street lighting, landscaped areas and other improvements authorized in the proceedings for formation of the LLD, including acquisition of land for park, recreational and open space purposes, together with incidental and administrative expenses in connection therewith. In order to accommodate development, the LLDs shall be formed as a condition to each phase of development. L L L L 8 r XII. PROJECT PHASING Tuscany Hills will be a master planned community phased over an approximate sixe year period. Homestead Land Development Corporation is committed to building a significant portion of the units approved. However, in order to satisfy the tremendous financial commitment to infrastructure, it is necessary to provide a multitude of differing product rtypes to increase market absorption and reduce the capitalization of interest carry. i For these reasons, the development program is to sell planning units of approximately 200 lots to builders who have developed a reputation for quality construction, while still r exerting architectural control to assure compliance with thematic and construction quality ( guidelines. The project is anticipated to develop in several tentative tract maps and four major phases. Phases 1 and 2 are the two phases of approved Tentative Tract Map 17413, and Phases 3 and 4 are the northern portion. The phasing program for the Tuscany Hills Specific Plan is based on the following obj ectives: 1. Provide for an orderly build-out of the community based on current market trends 2. Insure adequate public facilities and services concurrent with private development 3. Provide a range of housing opportunities at a variety of densities as the community develops 4. Protect the public health, safety, and general welfare Residential development is primarily a function of current market conditions. The timing of development can only be estimated, however, a general phasing program can be projected. Anticipated buildout of the project is expected to be approximately six years as illustrated by Table 9. Exhibits 41 and 42 provide development phasing plans and phasing plans for backbone infrastructure. �- The phasing program for residential and commercial uses in Tuscany Hills consider the following factors: L1. Phasing of grading and balancing of cut and fill to the extent practical 2. Adequate access to Specific Plan areas 3. Infrastructure phasing g 4. Marketing viability and access 5. Availability of emergency access routes for each phase of development Phases 1 and 2 (Tract 17413) Phase 1 consists of approximately 541 units within parcels 1, 4, 5, 7 and 15. The development of these models will start early in 1990, with first occupancy by May 1990. Included within the total amount of Phase 1, approximately 24 estate custom lots will be built. 85 L r TABLE 9 Project Phasing 1 Planning Unit Year 1990 1991 1992 1993 1994 Total PM23910-1 100 107 207 PM23910-2 100 93 135 PM23910-3 50 69 122 PM23910-4 100 152 PM23910-5 50 78 PM23910-6 77 77 PM23910-7 4 4 6 6 4 24 PM25005-1 81 100 181 PM25005-2 100 25 125 PM25005-3 65 100 165 PM25005-4 32 70 102 PM25005-5 100 41 141 PM25005-6 75 100 157 PM25005-7 51 80 131 PM25005-8 105 105 PM23910-15 50 30 80 Total 454 502 588 427 29 2000 4._ L L L 86 �'I .;,.;,.fro•..~ wi{"2�,Y'.�- ' ■r:1N1■wrLO■r as:oN■rM�uu/s�n•wruuw ' ■iuouN■wwrN■■■muu■rs sLla�- ulouurruor f11I Il■■■r■MALL■■■■ �%1N■L■f■■f::wir�� I::�:v�w\ri��:::: ■wa■11■.rlr■■■■rra� 1■■■L■xwrr■■■Y ■wruuupu■■■wq uox■ wru■■ww �rr■laEr\l■■aaw■ ' �■■LLw�r■■■■■rw , , . ■wNv_�wNNi Lr:L■�■ nnuow• Mrl■1wL■NL■■a! r■1■1■r■L■rr11L Lruuoro\nuw ■N ■NU .rwrr aiva ■ ■sLL■■111■r�iw ■■llllllrrw■■ ■1L■LL■rrrwww 11■■■■■■■rrw■ 7 i r K4 • ;''''�,�'.',..OF Rii i.:4 - ..:tiY::c:.��........(�♦' ...4i:...:.::Y..A:UY:::i:4�.�'ri4.Y.li:+ yq.: ya Y J. 1 x Backbone Infrastructure Phasing Min f8T ADA LEGEND ASSESSMENT DISTRICT 1A r PHASE 1 ASSESSMENT DISTRICT 18 PHASE 2 ASSESSMENT DISTRICT 2 y PHASE 3 w ASSESSMENT M +** DISTRICT 2 PHASE 4 Z V1A OF-: LA rr m L SCALE:1"=1155' EXHIBIT gZ aasakef ' ssociattS �7G•t;i.,.,�ii•c;:`i4�.?,'�i�•_a=-....-...,raYS��::::Y'rar:i�.„. ...... ,.. .. , Ii I r Phase 2 will consist of approximately 498 units within parcels 2, 3, 6 and 8 of Tract 23910. The development of these models will start in December 1989 with first occupancy by July 1990. Phase 3 and 4 (Northern Portion) Phase 3 and Phase 4 were submitted as several tentative maps in August 1989. Approval of these tentative maps will allow development to occur by June 1990 and occupancy in early 1991. Phase 3 and 4 consists of approximately 962 units within parcels 8, 9, 10, 11, 12 and 13. Within the master planned community all necessary infrastructure will be available when necessary to provide a continually balanced community. Additionally,community amenities and features will be implemented concurrent with the development to provide a balance of benefits to the residents and prevent overtaxing existing city amenities and recreational features. Table 10 outlines the circulation and utility improvements needed in each of the product's four phases. The City of Lake Elsinore has authorized an Assessment District to finance the backbone improvements. Homestead Land Development will be completely responsible for the installation of all infrastructure, community, and backbone facilities. In addition to the infrastructure improvements discussed in Table 10, an 11-acre elementary school site with an adjacent 5-acre park site will be offered. The school district has requested the pursuit of a joint school/park site regulatory agreement to expedite the construction of the school. The construction of the school would be completed by the School District by September 1990. - _ A major Homeowners Association Recreation Center will be constructed and available for community residents with the completion of Phase 1. In Phase 2, a public park and a private recreation area adjoining the proposed recreation lake system will be constructed with the major backbone facilities. Manufactured slope landscaping and fire safety fuel modification zones will be installed prior to the occupancy of adjacent residences. Open space implementation shall be accomplished by tracking the open space dedications of each individual final tract. The total open space area shall be at least 35 percent of the total project area. L_ f_ i 89 TABLE 10 Infrastructure Phasing Phase Improvements Phase 1 Circulation (641 units) Backbone system consists of the major secondary arterial(Summerhill Drive)serving the site from the south being installed to the second local collector intersection adjacent to the recreational center site. The second collector (66' right-of-way) will also be installed easterly to the San Jacinto River. Utilities Water, sewer, and dry utility (electric, telephone, and gas) improvements will follow the basic installation procedure as outlined in circulation above. All offsite extensions or construction requirements will be completed prior to any occupancy. Major pumping and water storage facilities will be constructed with backbone roadwayimprovements in this m P zs stage. Phase 2 Circulation (332 units) Backbone street systems will include the balance of the arterial and collector system, Summerhill Drive, Bella Vista, Via Scenica, La Strada, and making a temporary emergency connection to Greenwald as an extension to Summerhill Road. The extension of Greenwald shall be in compliance with condition #1 of TTM 17413, Revision #4. �. Utilities Water, sewer and dry utility improvements will follow the basic installation procedure outlined in circulation above. These will include 8 and 12" water mains and 8" sewer lines as indicated by Exhibits 13 and 14. All construction will be completed prior to occupancy. Phase 3 and 4 Circulation (1,038) units The balance of the residential streets in the northern half will be installed including the extension of Summerhill Drive to Greenwald. Utilities Water, sewer and dry utility improvements will follow the basic installation procedure outlined in circulation above. These will include 8 and 12" water mains and 8" sewer lines as indicated by Exhibits 13 and 14. All construction will be completed prior to occupancy. 90 I i i r In addition to the infrastructure improvements discussed in Table 10, an 11-acre elementary school site with an adjacent 5-acre park site will be offered. The school district has requested the pursuit of a joint school/park site regulatory agreement to expedite the construction of the school: The construction of the school would be completed by the School District by September 1990. A major Homeowners Association Recreation Center will be constructed and available for community residents with the completion of Phase 1. In Phase 2, a public park and a private recreation area adjoining the proposed recreation lake system will be constructed with the major backbone facilities. Manufactured slope landscaping and fire safety fuel modification zones will be installed prior to the occupancy of adjacent residences. Open space implementation shall be accomplished by tracking the open space dedications of each individual final tract. The total open space area shall be at least 35 percent of the total project area. a i 1 r C i 91 f 1� i i APPENDICES -Ltti%'::��'lY34"£=.�e;a�.:..........,-_...n..::;d'3•;ir�:r�S+}r?:i:.........i:�.:_'c:�'.....,..... .,... .. � � .. � ... .� .... � _�. _,.. � f 1 APPENDIX A: DEFINITIONS s 1 . DEFINTiTONS 1 For the purpose of carrying out the intent of the Tuscany Hills Specific Plan, words, phrases, and P terms shall be deemed to have the meaning ascribed to them as below. Any definitions not provided here shall be as provided in the City of Lake Elsinore Municipal Code. The word "Council" or "City Council' shall mean the City Council of the City of Lake Elsinore, which is the governing body of the city. The word "County" shall mean the County of Riverside. The word "Commission" shall mean the City of Lake Elsinore Planning Commission. The words "Approved by the DirectorII "Director,"Director," shall mean the Community Development Director of the City of Lake Elsinore acting in person or through a subordinate to whom the authorize to act has been delegated. The word "shall" is mandatory; the word "may" is permissive. The word "State" shall mean the State of California. The word "permitted" means permitted without the requirement for a discretionary permit but subject to all other applicable regulations. The words "Zoning Code" or "Code" shall mean the Comprehensive Zoning Code of the City of Lake Elsinore. Access, Primary: The principal pedestrian walkway system to a dwelling unit. Access, Secondary: An access other than the primary access. Accessory structure: A subordinate building located on a building site, the use of which is customarily incidental to that of the main building or to the use of the land. Accessory use: A use customarily incidental and accessory to the principal use of the land, or to L a building or other structure but not necessarily located on the same building site as the principal use. -Average Lot Area: The net residential area divided by the total number of residential lots within the entire project area. a Basement: A story partly underground and having more than one-half of its height above the ground-level grade. Building. A structure having a roof supported by columns or wails. LBuilding height: The vertical distance measured from the ground-level grade to the top of the building directly above that point. Buildingline: An imaginary line on a building site specifying � rY g p ifying the closest point from an ultimate right-of-way or a property line where a main building may be located. 1 Building site: A parcel or contiguous parcels of land which was established in compliance with the building site requirements of this specific plan. Building site area: The total area, measured horizontally as a level plane, of the land within the boundaries of a building site not including any street right-of-ways, vehicular easements or other easements that prohibit the surface use of the property except open space landscape or recreational easements; and not including any portion which does not meet applicable district regulations when a building site is divided by such a right-of-way or easement. Building site coverage: The area of the land within the perimeter of all structures located on the building site, not including the area under unenclosed eaves and unenclosed post-supported overhangs, patios, courts, malls, swimming pools, and off-street parking facilities, divided by the building site area. Carport: A roofed structure, or a portion of a building, open on one or more sides, primarily for the parking of automobiles. Cellar: A portion of a building partly or wholly underground and having more than one-half of its height below the ground-level grade. A cellar shall not be considered a story. Centerline: A line described in the first situation that applies in the following instances: a. A section line, half-section line or quarter-section line whenever a mapped highway is plotted on the"Master Plan of Arterial Highways" along a section, half-section or quarter-section line. b. A line shown as a centerline on a map entitled "Precise Plan of Highway Alignment," l and any amendments thereto. C. A line shown as a centerline on a recorded tract map, an approved record of survey map or a parcel map. d. A line in the center of the ultimate street right-of-way. Cluster development: Refers to a residential subdivision consisting of a combination of residential lots and privately owned common recreation and open space areas arranged in accordance with a site plan with adequate provisions for permanent maintenance of the common ownership facilities. Common area - residential: The area within a residential development that is not occupied by residential buildings and which is owned in common by homeowners in the development,and which L is available for common use or enjoyment by all property owners in the development and their invitees (e.g. common parking facilities, recreation areas, landscaped areas, open space areas, and natural areas). Community facility: A noncommercial use established primarily for the benefit and enjoyment of the population of the community in which it is located. L Community information center: A temporary or permanent structure principally used as an information pavilion and/or temporary real estate sales offices for the sale of homes in Tuscany Hills, including parking and related facilities. Community service facility. A community service commercial, or nonprofit, noncommercial use established primarily to service the immediate population of the community in which it is located. L 2 L 1 { Conditional Use Permit: Synonymous with minor design review as discussed in Chapter VIII, Development Standards. Conservation easement: Synonymous with all open space definitions provided herein. Conventional subdivision: A subdivision consisting primarily of streets and lots. Commonly owned or special use areas may be included but are secondary and supplementary to the subdivision's design. Day nursery(including preschool and nursery schools): Any group of buildings,building or portion thereof used primarily for the daytime care of six or more children at any location other than their normal places or residence, excluding any children who normally reside on the premises. Density: The number of dwelling units per gross acre. Development: Residential, commercial, industrial, community facility or other construction, including necessary grading, landscaping and parking, together with the land upon which the building or structures are constructed. Development unit: A portion of a development plan or tentative tract map within which all lots and amenities are constructed or developed at one time or in contiguous interrelated phases as a _ unit of the overall proposed development. Driveway: A vehicular passageway for the exclusive use of the occupants of a project or property and their guests. A driveway shall not be considered a street. Dwelling, single-family: A building containing one dwelling unit per building site. Dwelling unit: One or more rooms in a structure, including a kitchen, designed for occupancy by one family for living and sleeping purposes, and including factory built and mobilehomes when such mobilehome bears an insignia of approval issued by the California Department of Housing and (_ Community Development or a housing seal number from the Federal Department of Housing and Urban Development (HUD). Easement: A recorded right of interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over said land. Exterior property line: A property line abutting a public or private street. Family: One person, with or without resident domestic employees, occupying one dwelling unit; or two or more people related by blood,marriage or adoption,with or without domestic employees, _ occupying one dwelling unit; or a group of not more than six unrelated people, with or without domestic employees, occupying one dwelling unit; or a licensed family care home, foster family home, or maternity home, as defined in Title XXH, Sections 30011, 30013,30015 of the California Administrative Code, serving six or fewer persons, when such care is provided on a twenty-four- hour-per-day basis; or a family day care home, as defined in Title XXII, Section 30019(a) of the California Administrative Code. LFlood, One-hundred-year: The highest level of flooding that has an average frequency of occurrence in the order of one in one hundred years at a designated location, considering regional ( meteorological and hydrological conditions characteristic of the geographical region involved. This L also means that the level of flooding having a one percent probability of occurrence in any year. Flood plain: The land area adjacent to a watercourse which is subject to overflow of floodwaters. 3 i Fl.00dwa . The channel of a stream or other watercourse and that art of the flood a' Y' p plain reasonably required for passage of a flood of given magnitude. Floor area ratio: The numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land. Garage, private: A building, or a portion of a building, used primarily for the parking of automobiles belonging to the occupants of the property. Garage, public: A building other than a private garage used for the maintenance or temporary storage of automobiles. General Plan: Refers to the City of Lake Elsinore General Plan,and elements thereof, as they may pertain to the Tuscany Hills Specific Plan. Grade, ground level: The average level of the finished ground surface surrounding a building. Gross area: The entire land area within the boundary of a project, measured to the centerline of any abutting arterial highways. Gross residential density: The density of a residential project computed by dividing the total number of dwelling units in the project by the gross area of the project. Interior property line: A property line which does not abut a private or public street. Joint use of parking. The shared use of off-street parking facilities by more than one type of land use. The same parking spaces are counted to satisfy the off-street parking requirements of more than one land use, e.g. use of the same parking facility to satisfy the off-street parking requirements of a church and an office building. Kennel: Any property where four or more dogs, or cats, or any combination thereof, over the age of four months, are kept or maintained for any purpose. Key lot: Any parcel show on a recorded tract map, record of survey recorded pursuant to an approved division of land, parcel map, lot line adjustment or recorded Certificate of Compliance, having side property line(s) abutting the rear property line(s) of adjacent parcels. �._ Local agency: An agency for the local performance of governmental or proprietary function within limited boundaries. "Local agency" does not include the state, a city, or a county. "Local agency" L does include but is not limited to school districts, sanitary and sanitation districts, and water districts._ Lot: Any parcel shown on a recorded tract map, a record of survey recorded pursuant to an L approved vision of land, lot line adjustments, a parcel map, or recorded Certificate of Compliance. A lot is not necessarily a building site. Lot Coverage: The area of the land within the perimeter of all structures located on the building site, not including the area under unenclosed eaves and unenclosed post-supported overhangs, patios, courts, malls, swimming pools, and off-street parking facilities, divided by the building site area. Main bui ding(s): The building(s) containing the main or principal use(s) of the premises, or occupied for the purpose of operating or administering the main or principal use(s). 4 I I Manufactured Open Space: Any manufactured parcel of land or water which provides a recreational and/or scenic amenity to the community.This shall include major manufactured slopes when adjacent to natural open space. Master Plan of Arterial Highways: A component of the Circulation Element of the Riverside County General Plan designating adopted"and proposed routes for all commuter, secondary, primary, and major highways and transportation corridors within the County of Riverside. Minimum Lot Area: The minimum square feet of land area for each lot. Net residential area: The area of land remaining in a project, measured in acres or square feet, after deduction of the area contained in streets (both public and private), schools, public parks, flood control works and any other use, easement or encumbrance which prevents the surface use of the property for a building site or construction of structures. Nonconforming structure: A lawfully established building or structure that does not conform to the regulations of this code for the district in which it is located, either at the effective date of this code or as a result of subsequent•amendments to this code. Open space (Natural): Any parcel or area of land or water which is essentially unimproved and devoted to the preservation of plant and animal life, providing scenic and aesthetic values and an area which serves as links between major recreation and open space preservation areas. Open space, usable: See Usable open space. Open space transitional• Areas free and clear of urban development. Outdoor advertising structure and sign: A sign placed for the of advertising products or purpose g services that are not produced, stored or sold on the property upon which the sign is located. Panhandle lot: A building site wherein the only vehicular access to the site is by way of a corridor or vehicular access way which serves no other property, is less than forty feet wide and is more than forty feet long. Parking area, private: An area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use. Parking area, public: An area, other than a private parking area or private street, used for the parking of vehicles and available for general public use, either free or for remuneration. Parking area, restricted: An area used for parking vehicles on a semi-permanent basis and not available to the general public for hourly or day-to-day parking. Planned development: A residential subdivision wherein residences, common open areas and landscaping, common private recreation facilities, and pedestrian and vehicular access and circulation patterns are arranged as a unified comprehensive plan with an identifiable theme or } concept and with adequate provisions for permanent maintenance of the common facilities. L Planning area: An area of land which is depicted on the Tuscany Hills Specific Plan and Statistical Summary. L 5 1 Project: A land development readily recognizable as a unit, e.g., a residential neighborhood, condominium, apartment, shopping center, office or business park development, recreation lake, golf course or similar land developments. Preliminary landscaping plan: A plan indicating the general location, size, type of plant materials and ground cover to be located in the yards and other open areas of a development. Project Net Area: All of the land area included within a plan for a development project excepting those areas designated for public and private streets rights-of-way, schools, parks, and other uses or easements which would preclude the use of the land therein as part of the development project. Public: Belonging and open to,and enjoyed,controlled,used and maintained by and for, the public generally. Public agency: The United States, the State of California, the County of Riverside, the City of Lake Elsinore, special districts, and any other governmental entity authorized by law to perform functions for the public or segment thereof. Recreation areas: Open space areas which offer active and passive P P p recreation and/or scenic attraction of a local and regional significance. Residential single-family: Refers to any residential zoning district or residential development wherein each dwelling unit is situated on a residential lot of record and no lot contains more than one dwelling unit. Single-family residential includes either attached or detached single-family dwellings, planned concept subdivision, cluster developments, and may include conventional subdivisions and planned developments. Riding and homing trails: Any trail or walkway designed for and used by equestrians or pedestrians. Right-of-way: An area or strip of land either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. Sales Office: Real estate office which is used for sales leasing and information. Setback area: The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line. Setback distance: The distance between the building line and the property line, or when abutting a street, the back of curb where noted (Exhibit 18). Sign: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, vehicle or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background. Site development permit: A plan showing the details of building locations, structures, parking, vehicular access, landscaping and architectural design for a project or building site. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface or the topmost floor and the ceiling or roof above. LStreet: A public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. L 6 ,x_c... .?....-,....w . ....... -.•.e.,;).'tt3"u. ...., wt Y r11.'. re .. ,........ .. - r Street opening. A curb break, or a means, place or way provided for vehicular access between a street and abutting property. r Structure: Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs, tennis court fences, and other fences around.unenclosed outdoor recreation facilities, landscape facilities, and other minor improvements. A mobilehome on a permanent foundation is a structure. Tot lot: An improved and equipped play area which is intended for children up to seven (7) years of age. Tot lots include facilities as play apparatus, paved areas for wheeled toys, benches, sand areas, small wading pools, and turn area. Usable open space: Usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including but not .- limited to lots, swimming pools, basketball courts, tennis courts, picnic facilities, open landscaped areas including major slopes, and greenbelts with pedestrian walkways and equestrian and bicycle rr trails. Usable open space areas do not contain the following: buildings and structures (other than 1 accessory to the main use), or impervious surfaces (e.g. public/private streets, common driveways, and off-street parking facilities) devoted to non-recreational uses; surface utility facilities, median strips for roads or parking lots; road embankments; and property not reserved for the sole use and enjoyment of the occupants of the entire development and their guests. _ Use: The purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Yard: The open space within a building site that is unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the finished grade upward;except that eaves, fences, walls used as fences, poles, posts and other customary yard ornaments, accessories and furniture may be permitted in any yard subject to the regulations for the district in which it is located. L L z.._ .. j 1 I 7 f i ORDINANCE NO. 380 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAIC ELSINORE .APPROVING AMENDMENTS TO THE 1980 DEVELOPMENT AGREEMENT FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS , the City Council of the City of Lake Elsinore (the "City") has previously certified an environmental impact report No . SCH 79082906 (the "EIR") with respect to the Tuscany Hills Development (the "Project") ; and WHEREAS , Homestead Land Development Corporation (the "Developer") , as developer of the Project , subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens ' Kangaroo Rat habitat , to be implemented by a Conservation Agreement among the City, the Developer , and the United States Fish and Wildlife Service (the "Conservation Agreement") and an Agreement and Declaration of Covenants , Conditions and Restrictions on Use ("Declaration of Covenants") ; and WHEREAS , the City has caused an Addendum to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, delivery and performance of the Conservation Agreement and Declaration of Covenants , and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single- and multi-family development to a single-family development ; and WHEREAS , the Planning Commission has previously reviewed the EIR and the Addendum and has recommended that the City Council (1) certify that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City' s CEQA guidelines ; (2) approve the Specific Plan for the Project , (3) approve the Conservation Agreement and the Declaration of Covenants and (4) approve amendments to the 1980 Development Agreement for the Project ; and WHEREAS , the City Council has reviewed the EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act , and has considered the information contained therein and in the other documents referred to therein; and WHEREAS , the City Council, has certified the Addendum to the EIR and has made the findings required by Section 15091(a) of the State CEQA Guidelines , attached to Ordinance No. as Attachment A; and WHEREAS , the City Council is contemporaneously approving the Specific Plan, the Conservation Agreement and the Declaration of Covenants relating to the Project . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN THAT: i I i i --- Sect ion 1 : Upon the recommendation of the Planning Commission and based upon the findings adopted previously by the City Council with regard to the approval of the Project , attached to Ordinance No. 879 as Attachment A, the City Council. hereby: (1) determines that (a) it is in the best interest of the City to enter into the Amended and Restated 1980 Development Agreement (the "Development Agreement") in the form attached hereto as Exhibit A, (b) the provisions of the Development Agreement are consistent with the City' s General Plan and (c) the provisions of the Development Agreement are consistent with the Specific Plan proposed by the Developer and approved by the City Council by Ordinance No. 879 ; and (2) approves the Development Agreement and directs the [Mayor] to execute and deliver the Development Agreement on behalf of the City. Section 2 : 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 be published and posted in the manner required by law. PASSED UPON FIRST READING this 9th day of January, 1990 : upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 23rd day of January, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DO11INGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMB£RS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE r JIMI WINKLER, MAYOR CITY OF LAKE ELSINORE EST. ICK Y'NNE AD, C TY CLERK CITY OF LAKE SINORE APPROVED AS TO FORM & LEGALITY: OHN R. HARPER,/CITY ATTORNEY CITY OF LAKE EL I RE i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: ETTY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on January 9, 1990, and had its second reading on January 23 , 1990 and was passed by the following .vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE INE SAD, CITY CLERK 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. 880 of said Council, and that the same has not been amended or repealed. D TED: January 24, 1990 ICKI LYNN KASAD, CITY CLERK CITY OF LN E ELSINORE (SEAL) 1 {IIII 1 . 1 1 f i I I f - , E 1 1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND HOMESTEAD LAND DEVELOPMENT CORPORATION FOR TUSCANY HILLS DEVELOPMENT I 119MSDEV 11/28/89 .. :-�i,L=3a � ,�-rsj* ,�' "t.�.�._ - `s„d�!. ,.�s"'r:.:<,'...;i:,s..:_..,.;:�•rgw .f•v, ""'ofi.s=,,;^A. - i 1 - i i r DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND HOMESTEAD LAND DEVELOPMENT CORPORATION FOR TUSCANY HILLS DEVELOPMENT 1 1. PARTIES AND DATE I� The parties to this Development Agreement ("Agreement") ar e I the City of Lake Elsinore, California, a municipal corporation and Political subdivision of the State of California ("City") , and h Homestead Land Development Corporation, a California corporation ("Developer") . The project to which this Agreement applies is commonly known as Tuscany Hills. This Agreement is made and entered into on 2. RECITALS 2.1 On May 29, 1980, City and Developer's predecessor executed an agreement entitled "Development Agreement" pursuant to Government Code Sections 65864, et seq. , City of Lake Elsinore Ordinance No. 602, and City of Lake Elsinore Resolution No. 80-13, which Agreement concerned the real property then located in the unincorporated area of the County of Riverside, and which is now located in the city limits of the City of Lake Elsinore, County of i 119MSDEV 11/28/89 i 1 .:..z., was�`.v.,•�Tr�.�.-�.L%r!`..... �'�-::.:4t``1..�sr+�K::t'.�.'':: , .'-.r.'. .. ... - - . ., _ - ... ,. Q 1 I i I i Riverside, and which is more particularly described in the attached Exhibit "A", and which Agreement was recorded on October 7, 1982, in the official Records of Riverside County, at Book 1982, Page 173696. E 2.2 On or about December, 1982, for the mutual benefit of the parties, an amendment to .the aforementioned Development Agreement was � I prepared, but not formally adopted by the parties. ' 2.3 The parties now wish to completely amend and supercede by this Agreement the Development Agreement and any and all amendments thereto. 2.4 Legal authority. California Government Code Section 65864 et se . authorize — —� City to enter into development agreements in connection with the development of real Property with City. _ This Agreement is made and entered into pursuant to those provisions of state law. 2.5 Consistency findin By approving and executing this Agreement, the City Council finds that its provisions are consistent with City's General Plan, Tuscany Hills Specific Plan, and all other applicable Existing Land Use Ordinances of City. 2.6 Status of project. Since May, 1980, various property owners and developers have been in the process of planning, financingand preparing for the Development commonly known as Tuscany Hills, a large scale mixed use phased Development of some 2,000 dwellings on 973 acres in the City of Lake Elsinore more 119MSDEV _2_ 11/28/89 I I Particularly described in City of Lake Elsinore Tuscany Hills Specific Plan and City of Lake Elsinore Tuscany Hills EIR. Additional land uses include schools, open space and recreational uses, including one 35-acre • park. Constructing the Tuscany Hills project pursuant to Cityts approved specific plan and providing the mitigation set forth in :the Tuscany Hills EIR will require major investment by Developer in public facilities and on-site and Off-site improvements. The Development p has been analyzed and reviewed by City as part of its process of granting development approvals in light of the enacted land use standards and policies Of City embodied in its Existing Land Use Ordinances and pursuant to state law, including but not limited to CEQA. 2.7 Consideration. City has determined that entry into this Agreement will further the goals and objectives of City's land use Planning policies by eliminating uncertainty in planning for the i orderly Development of the Project so that adequate long term plans regarding the provision of necessary infrastructure for i existing and future City residents can be developed and implemented. Further, the maximum effective utilization of resources with City will be pursued at the least economic cost to i its citizens. City acknowledges that the Project is and shall be considered a single, integrated development project, that each phase of the Project is dependent upon the completion and s 119MSD EV -3- 11/28/89 . I _.._........:...__.......a�...,�.._..,__...... _...._._ . ____ . i i " occupancy of each other phase, and that the viability of each phase of the Project is and shall be dependent upon the completion and occupancy of each other phase and the full performance of this Agreement. The benefits conferred by Developer herein will facilitate the installation of certain vital public improvements and will help increase traffic capacity for the road system y em of City, both of which will sic-nificant) y promote the health, safety and general welfare of existing and future City residents. In exchange for these benefits to City and its residents, Developer wishes to receive the assurances permitted by state law that Developer may proceed to develop the Project in accordance with Existing Land Use Ordinances, and its existing financial and contractual commitments, and at a rate of development of its choosing, subject to the terms and conditions contained in this Agreement. The assurances provided by City and Developer to each other herein and provided pursuant to and as contemplated by statute, bargained 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. City and Developer agree that the following amenities and improvements being provided by Developer and others as part of the planning, financing and construction of the project will result in substantial general , LJ public benefit. The following is a general description of those amenities and improvements. The specific requirements are set forth in the Tuscany Hills Specific Plan 3 1 119MSDEV _4_ 11/28/89 I � I r ` I I a. As part of the Development of the Tuscany Hills j Project, Developer and others will provide in excess of I acres of permanent passive open space, which shall include any i Portion of any parcel of real property on which a structure has not been constructed, said open space, - ! excepting that portion dedicated to the Cityfor park and recreation purposes, to be watered and maintained by an association of owners or entities other than City. b. At the option of City, Developer shall dedicate a ` minimum of thirty-five (35) acres to be located in the southeasterly corner of said site and to be open to public use; or i at the option of City, to pay park fees assessed by the City in _ lieu of said dedication, • providing further, that an additional five (5) acres will be dedicated for . park and recreation purposes ' if not required for on site sewer treatment plant. C. Developer shall offer to dedicate a suitable site to the i Elsinore Unified School District for school purposes upon terms and conditions agreed upon between Developer and District, said dedication not to exceed eleven (11) acres; provided further, that said terms and conditions provide for two (2) regulation Little League baseball diamonds. 119MSDEV _5_ 11/28/89 i i i i 4 ' 1 d. Developer shall acquire right-of-way if necessary, 5 dedicate to the City an improved said right-of-way as a motor vehicle access from the south end of Developer's property connecting with the Railroad Canyon Road. e. Developer shall provide a recreation center for the r owners of living units and their guests and as part of the total design and scheme of development on said nine hundred seventy-three (973) acre site, the sole cost of improvement to be borne by Developer, and the maintenance to be borne by the homeowners' association. f. Developer shall offer to dedicate to the City one (1) acre for a future fire station site and shall provide a triple A pumper or other equipment in the event the Riverside County Fire Department, now serving the City by contract, so requires Developer, upon the express condition that if and when City organizes and puts into operation a City fire department, said pumper and other equipment, if supplied by Developer, shall be forthwith transferred physically and by title to City. The consideration to Developer for the provision of these special amenities is the consummation of this Agreement by City. In consideration for City's entering into this Agreement and the uses permitted herein, Developer agrees that it will comply with all the conditions of approval during the time this Agreement is in full force and effect. The parties acknowledge that this I` 119MSDEV -6- 11/28/89 i 1 I I I Agreement by City is a material consideration for Developer's acceptance of the conditions of approval as specifically set forth herein. i 3. DEFINITIONS 3.1 "Agreement" means this Development Agreement made and entered into by and between the City of Lake Elsinore and Homestead Land Development Corporation in accordance with applicable state law and local regulations. 3.2 EQA means the California Environmental Quality Act of i 1970 (California Public Resources Code Section 21000 et seq. ) and the State CEQA Guidelines (California Code of regulations, Title 14, Section 1500o et sea. ) . 3.3 "City" means the City of Lake Elsinore, including its officials, officers, employees, commissions, committees and boards. i 3 .4 "City Council" means the duly elected City Council of the City of Lake Elsinore. 3.5 "Developer" means Homestead Land Development Corporation, and its successors in interest to all or any part of the Property. 3 .6 "Development" means the improvement of the Property for the purposes of constructing and otherwise effecting the structures, improvements and facilities comprising the Project as set forth in this Agreement, including but not limited to grading, the construction of infrastructure and public facilities related F 119MSDEV _7_ 11/28/89 i �e�cs4t,��idm�� }a.; _c*�. #°p5o �,+.�,cH•,a,}Kd'��F1:f �c":. .... . ., Y •:.., :,., � I i I I ' 1 b ' I to the Project (whether located within or outside the Property) , the construction of structures and buildings and the installation I of landscaping. 3 .7 "Development Approval(s) " means the Tuscany Hills I Specific Plan, as in effect on :the date of this Agreement. 3.8 "Effective Date" means the date this Agreement is recorded with the Riverside County Recorder. 3 .9 "EIR" means an environmental impact report prepared in accordance with the provisions of CEQA. 3 .10 "Existing Development Approvals" means the Tuscany Hills Specific Plan as in effect on the date of this Agreement. 3. 11 "Existing Land Use Ordinances" means the Specific Plan, j as in effect on the date of this Agreement, and, to the extent �• applicable and not inconsistent with the Specific Plan, the City's rules, regulations, official policies, taxes and fee programs, I � 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, in effect as of the date of this Agreement. 3.12 "LAFCO" means the Riverside County Local Agency Formation Commission. 3.13 "Project" means the development project, as set forth in the Tuscany Hills Specific Plan, as in effect on the date of this Agreement. 3 .14 "Property" means the real property which is the subject of this Agreement and described in Section 4 below. I i 3.15 "Specific Plan" means the Specific Plan for the Project. 119MSDEV _8_ 11/28/89 f ' I . 1 . I 4. PROPERTY COVERED ` The property covered by this Agreement is described as Exhibit "A" attached hereto and incorporated herein by this reference. 5. INTEREST OF CONTRACTING PARTY Developer has the following legal interest in the real property subject to this Agreement and described above in Section I 4: Homestead Land Development Corporation has a legal and equitable interest in the Property consisting of fee simple title. 6. DURATION OF AGREEMENT i i 6.1 Scheduling. Pursuant to Government Code Section 65865.2, the duration of this Agreement shall be for ten (10) calendar years from and after the date of execution of this agreement. Construction of the Project covered by this Agreement will be undertaken following receipt of requisite Development Approvals from City. City and Developer acknowledge that Developer cannot at this time accurately predict the time schedule i within which the Project will be developed, except that it will be completed within the aforesaid ten (10) year period. Such ! decisions with respect to the rate of Development of the Project will depend upon a number of circumstances not within the control of Developer, including market factors, demand, the state of the economy, and other matters. Therefore, so long as the Project is constructed in a manner consistent with City's Existing Land Use Ordinances as at the date of this Agreement and the Tuscany Hills Specific Plan and this Agreement, Developer shall have the right to construct the Project at' the rate and in the sequence deemed appropriate by Developer within the exercise of its sound business 119MSDEV -9- 11/28/89 i . i r � i i i i judgment. It is Developer's present reasonable expectation the Development of the Project will be completed within the term of this Agreement. For u p rposes of this Agreement, completion of the Project shall mean the date on which a certificate of occupancy or comparable instrument is issued for the last improvement or structure constructed pursuant to this Agreement. Following the expiration of the aforesaid ten (10) year term, this Agreement shall be deemed terminated and of no further force and effect. 6.2 Periodic review. City shall, in accordance with applicable state law, review this Agreement at least once every twelve (12) months from and after the Effective Date hereof. During each such periodic review, City and Developer shall have the duty to demonstrate their good faith compliance with the terms f and conditions of this Agreement. Both parties agree to furnish such evidence of good faith compliance as may be reasonably necessary or required. City's failure to review at least annually Developer's compliance with this Agreement shall not constitute or be asserted b either Y party as a breach of the other party. 6. 3 Certification of completion. Promptly upon completion of the Project, Developer will submit a draft letter of completion for City review. Upon review, City shall provide Developer with a letter of completion so certifying. This certification shall be a conclusive determination that the obligation of Developer under this Agreement has been met. The certification shall be in such form as will enable it to be recorded in the Official Records of Riverside County, California. 119MSDEV -10- 11/28/89 v,Ga..zS'�`.r.ei.+'i6s iiAY'�adfA'-.t_ni.i3Ms-.(ieY�'.L45Npi!•n�-= :WivZii:`:SxA+�+r��........r..w .r.++1. .. - , J I f i I { I T. VESTED RIGHT By entering into this Agreement and relying thereon, Developer is obtaining a vested right to proceed with the Project i in accordance with the Development Plan, but subject to any remaining discretionary approvals required in order to complete 1 the Project as contemplated by the Development Plan (which discretion shall be exercised reasonably and in accordance with the the terms of this Agreement) . By entering into this Agreement and relying thereupon, City is securing certain public benefits i which help to alleviate potential problems in City and enhance the public health, safety and welfare. City therefore agrees to the I following: 7.1 No conflicting enactments. Neither the City Council of City nor any other agency of City shall enact an ordinance, I policy, rule, regulation or other measure applicable to the Project which relates to the rate, timing or sequenting of the development or construction .of all or any apart of the Project or which is otherwise in conflict with this Agreement. 7.2 Intent of .parties In addition to and not in limitation of the foregoing, it is the intent of Developer and City that no moratorium or other limitation (whether relating to the rate, I timing or sequencing of the development or construction of all or any part of the Project and whether or not enacted by initiative or otherwise effecting parcel or subdivision maps, building 4 E I - 119MSDEV -11- 11/28/89 __..__.._.....; ._ • I ! f f j s permits, site development permits, special use permits, occupancy f certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium policy, rule regulation or other limitation enacted by citizens of City thorough the initiative process be determined by ` a court of competent P jurisdiction to invalidate or prevail over all or any part of this Agreement, Developer shall have no recourse against City pursuant to this Agreement, but shall retain all other rights, claims and causes of action at law or in equity i which Developer may have independent of this Agreement. The foregoing shall not be deemed to limit the Developers right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, ploy, rule, regulation, moratorium or other limitation which Purports to invalidate or prevail over all � or any part of this Agreement. City and Developer agree to cooperate in all reasonable manners in order to keep this Agreement in full force and effect. B. GENERAL DEVELOPMENT OF THE PROJECT 8.1 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 Development Approvals, but subject 1 119MSDEV _12_ 11/28/89 :,,,:sw;..a+sv3.,..*;:S�t3a�;..:ti�e�:[: .uca t,.z'..aw.;:••.,....::::,.'..::;;:. . ... . _.. -------......-- . -- - .......v..,.... _ j 1 � I { k i to any remaining discretionary approvals required in order to ! complete the Project as contemplated by the Development Approvals (which discretion shall be exercised reasonably and in accordance i with the terms of this Agreement) and City shall have the right to I control the development of the Project in accordance with the terms and conditions of this Agreement. Except as otherwise Specified in this Agreement, the Development g � P Approvals shall control the overall design, development and construction of the F Project and all on-site and off--site improvements and appurtenances in connection herewith, including, without limitation, all mitigation measures required in order to minimize or eliminate material 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 f buildings, the provisions for reservation and dedication of land i for public Purposes andother terns and conditions of development applicable to the Property shall be those set forth in this Agreement. 8.2 Effect of agreement on land use rec gulations. 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 I applicable to development of the Property are those rules, regulations and official policies in force as of the Agreement 119MSDEV -13_ 11/28/89 _......._....__....... .. -. .._....a .- . ..... - - - - __. . i I i i I Date as set forth in the Tuscany Hills Specific Plan. In connection with any approval which City is permitted or has the right to make under this Agreement relating to the Projector otherwise under the existing land use ordinances, City shall exercise its discretion or take action in a manner which is as expeditious as possible and which complies and is consistent with the Development Plan and the standards, terms and conditions contained in this Agreement, and in a manner which will not I , interfere with the development of the a project for these uses and ' I to the height, density and intensity specified in this Agreement or with the rate of development selected by Developer. City shall accept for processing and normal timely review and act on all applications for further land use entitlement approvals with respect to the project called for or required under this Agreement. Such application shall be processed in the normal i manner for processing such matters. 8.3 Administrative chancres and amendments. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under F this Agreement. If and when the parties find that changes or adjustments are necessary or appropriate, they shall, unless i I 119MSDEV -14_ 11/28/89 _ .. ........_..._. .......-w......__..,-...._._.-_.._.... ._ . __ _ _ i i { i otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by the City Director of Planning and Community Development, which, after execution, shall be attached hereto as an addenda and become a part hereof, and may be further changed and amended from time to time as necessary, with approval by City and Developer. Any such administrative changes or amendments shall not be deemed to be an amendment to this Agreement under Government Code Section 65868. Unless i j, otherwise required by law, no such administrative amendments shall require prior notice or hearing. Notwithstanding the foregoing,the following matters shall not be considered administrative changes or amendments, but shall be considered substantive amendments which shall be reviewed by the Planning Commission and approved by the City Council: (a) Alteration of the permitted uses of the Property; (b) Increase in the density or intensity of use or number of lots; (c) Increase in the maximum height and size in permitted buildings; (d) Deletion of a requirement for the reservation or I dedication of land for public purposes except for minor boundary adjustments approved by the Planning Director; and !, (e) Any amendment or change requiring a subsequent or supplemental Environmental Impact Report pursuant to Public Resources Code Section 21166. 119MSDEV _15_ 11/28/89 i .�.a�k><..te5,.::rx✓..,u;°�c:::ikii„�et�'a3rart,lcT,sr,«icd-..1:... s..�,v.H'.i::.v_. .. .. -. .. 1 i 9. RULES, REGULATIONS AND OFFICIAL POLICIES 9.1 New rules. This Agreement shall not prevent City from applying the following new rules, regulations and policies: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for development approvals, for monitoring compliance With any development approvals, or for monitoring compliance with environmental impact mitigation measures. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and i 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. (d) Regulations which are not in conflict with the Development Approvals or this Agreement. (e) Regulations which are in conflict with the Development Approvals or this Agreement if such regulations have been consented to in writing to by Developer. i 9.2 Subsequent actions and approvals. In accordance with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from i I 119MSDEV -16- 11/28/89 ?� �.�..-arm��s.�`ti�e-s,.�.,x..4�:,•. �,.._r.�.l r <,,r'`_n.1��« .x . . .. .. ... .. 1 applying new rules, regulations and policies which do not conflict With those existing rules, regulations and policies set forth in the Development Approvals, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development Project application on the basis of such existing or new rules, regulations or policies. 9.3 State and federal laws. In the event that State or Federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement E shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent E it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 10. COOPERATION AND COVENANT OF FURTHER ASSURANCES 10.1 Third pazfty actions. Developer and City shall cooperate in defending any action or proceeding instituted by any third party challenging the validity of any provision of this Agreement or any action taken or decision made hereunder. In addition, any court action or proceeding brought by any third party to challenge this Agreement or any other permit or approval required from City or any other governmental entity for Development or construction of all or any portion of the Project covered by this Agreement i 119MSDEV -17- 11/28/89 i i shall constitute a permitted delay under Section 12. Notwithstanding the foregoing, the filing of any third party ` litigation against City and/or Developer relating to this Agreement or any provision thereof shall not be a reason to delay or stop the Development, processing or construction of the Project (including but not limited to the issuance of building permits or certificates of occupancy) unless the third party obtains a court order preventing the activity. City will not stipulate to the issuance of any such court order. - 10.2 Further assurances. Each party covenants on behalf of i itself and .its successors and assigns to take all actions and do all things, and to execute with acknowledgments or affidavits if 4 required any and all documents and writings that may be necessary. or proper to achieve the purposes and objective of this Agreement. Each party shall take all necessary measures to see that the provisions of this Agreement are carried out in full. 10.3 Processing. If necessar y or required, upon satisfactory completion by Developer of all required i Qa preliminary actions and payments of appropriate filing and processing fees, if any, City L shall commence and proceed to complete all steps required or necessary for the implementation of this Agreement and the Development by Developer of the Project in accordance with the Existing Development Approvals. (1) Scheduling, convening and concluding all required public hearing in an expeditious manner consistent with i 119MSDEV 11/28/89 - - . f 1 { applicable laws and regulations in force as of the Effective Date of this Agreement. (2) Processing and approval of all maps, plans, land use permits, building plans and specifications and other applications for Development Approvals relating to the Development of the Project, filed by Developer. Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder and cause I Developer's planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefor. It is the express intent of Developer and City to cooperate and diligently work to implement the Tuscany Hills Specific Plan. 10.4 Other crovernmental permits. In addition, Developer shall apply in a timely manner for such other permits and approvals as are required by other governmental agencies having jurisdiction over the Project in connection with the development of, or provision of services to, the Project. City shall use its best efforts to assist Developer in coordinating the implementation of the Project with such other governmental agencies. City shall cooperate with Developer in its efforts to obtain such permits and approvals and shall, from time to time at the request of Developer, attempt with due diligence and in good faith to enter into binding agreements with any such entity i i F i 119MSDEV. -19- 11/28/89 i �I I. i I necessary to assure the availability of such permits and approvals or services, provided such agreements are reasonable and not materially detrimental to City. 10.5 Financing of public facilities and or services. City and Developer shall in good faith use their best efforts to i establish one or more community facilities districts (pursuant to I ' the Mello-Roos Community Facilities Act of 1982 as set forth in i Government Code Section 53311 et seg.) and such other assessments, improvement or maintenance districts, as may be appropriate, for the purpose of funding the planning, design, construction and maintenance of public facilities, including related fees and the acquisition of land therefor, and/or the provision of public services for the Project. The 7 parties expect that bonds, ~- assessments, liens or other such financing devices would be issued i or levied to provide sufficient funds for the above-mentioned purpose. The � P rP parties, however, acknowledge that such public improvements may not be completely financed by said I financial mechanism and the City retains the right to establish a maximum tax rate or assessment per parcel/lot or acre. City acknowledges that completion of P proceedings to establish one or more public financing districts as discussed above is critical to provide the parties with security for performance by Developer of its obligation to commence and complete construction of major infrastructure. I ! 119MSDEV -20- 11/28/89 f 1 i f 10. 6 Utilities coordination. City shall use its best efforts , to assist Developer in obtaining all electrical, gas, telephone and other necessary utility connections required by the Project. Within a reasonable time after request therefor by Developer, City shall approve all connection and access points for such utilities if in compliance with all applicable ordinances, rules and E regulations. 10.7 Covenant of good faith and fair dealin Except as may be required by law, neither party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the specified and described benefits of this Agreement; each party shall refrain from doing anything which I would render its performance under this Agreement impossible or impractical; and each party shall do everything which this Agreement describes that such party shall do. 11. PERMITTED DELAYS i Developer shall be excused from performance of its obligations hereunder during any period of delay caused by acts of God or civil commotion; riots, strikes, picketing, or other labor disputes; unavoidable storage of materials or supplies, damage to work in progress by reason of fire, flood, earthquake or other casualty, litigation which prohibits processing or constructing the Project; initiatives or referenda; moratoria; or unanticipated restrictions imposed or mandated by other governmental entities. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained, 119MSDEV _21_ 11/28/89 i ' E and the term of this Agreement shall be extended by the period of any such delay. Notwithstanding section 14.3, any claim for delay E must be presented within 30 days of knowledge of the cause of such delat, or any entitlement to time extension shall be deemed i waived. 12. ESTOPPEL CERTIFICATES E , Either party may at any time, and from time to time, deliver i written notice to the other party requesting the other party certify in writing that to the knowledge of the certifying party: (1) this Agreement is in full force and effect and is a binding obligation of the g parties; (2) this Agreement has not been amended or modified, and, if so amended or modified, to identity the f � } relevant documents; and (3) no default in the performance of the requesting party's obligations under this Agreement exists or, if in default, the nature of an default.. A party receiving a I request hereunder shall execute and return the certificate within i thirty (30) days following the receipt thereof. 13. RECORDATION BY CITY CLERK Pursuant to Government Code Section 65868.5, within ten (10) days of City's execution of this Agreement the City Clerk shall record a copy with the Riverside County Recorder. Thereafter, the burdens of this Agreement. shall be binding upon, and the benefits t of this Agreement shall inure to, all successors in interest to the parties to this Agreement. i 119MSDEV _22-- 11/28/89 I i 14. DEFAULT 14.1 Events of default. Subject to any written r_ ens am Cif- time by mutual consent of the parties, and subject tss: thei provisions of Section 12 regarding permitted delays, the, 1u of either party to perform any material term or provitslnn o4' t2az Agreement shall constitute default. If such defaults'Un pa y' (goes j i not cure such failure within thirty. (30) days followiagf wr { iaa? notice of default from the other party; provided, however,,, thwt: 1.f the nature of the default is such that it cannot be cured mtit!htjm) i thirty (30) days, the commencement of a cure within suchtpaniiodt and the diligent prosecution to completion of the cm s. sita'111 deemed to be a cure within such period. Any notice izff defa lt, j given hereunder shall specify in detail the nature cf: the: a13ie if default and the manner in which such default may be satisfactorily cured in accordance with the terms ardl corsd'szt ixa of this Agreement. During the time periods herein speclf-Tsdt $mow cure of a failure of performance, the party charged w, *h: ancag failure of performance shall not be considered to be Im. dean.!. for purpose of termination of this Agreement, or for pus ; c institution of legal proceedings with respect theretT), nar_n purposes of issuance of any building or grading permELt wLt respect to the Project. 14.2 Remedies. Upon the occurrence of default unretr• tInD section and the expiration of any applicable cure pe:-�..ImjT,; non-defaulting party shall have such rights and remet6in5., agz-1J the defaulting party as it may have at law or in equiit3y�„ i$L mff!m.g but not limited to the right to terminate this Agreementv.. 119MSDEV -23- 11/28/89 I 1 i I I I I 14.3 No waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's, right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to such default. No i express written waiver of any default shall affect any other default, or cover any other period of time except that specified in such express waiver. 14.4 Effect of termination. Termination of this Agreement by one party due to the other party's default shall not affect any right or duty emanating from City entitlements or approvals on the Project, but the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of such I termination. If City terminates this Agreement because of Developer's default, City shall retain any and all benefits including money or land received by City hereunder. If Developer terminates this Agreement because of City's default, Developer shall be entitled to a return or a refund of all unused benefits I and exactions paid, given or dedicated to City pursuant to this Agreement, 15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE In addition to specific provisions of this Agreement, I performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, 119MSDEV -24- 11/28/89 I • 1 I J s 4 I strikes, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, litigation, referenda, initiatives, moratoria, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting City, county, state or federal laws ar regulations, judicial decisions, { or similar basis for excused performance which is not within the reasonable control of the party to be excused. If written notice of such delay is given to either party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 16. APPLICABLE LAW This Agreement shall be construed and enforced in accordance_ with the laws of the State of California. 17. NO JOINT VENTURE OR PARTNERSHIP City and Developer hereby renounce the existence of any form of joint venture or partnership between City and Developer, and expressly agree that nothing contained herein or in any document i executed in connection herewith shall be construed as making City i and Developer joint venturers or partners. It is understood that the contractual relationship between City and Developer is such that Developer is an independent contractor and not an agent of 1 City. Furthermore, this Agreement is not intended, or shall it be construed, to create any third party beneficiary rights in any person who is not a party to this Agreement. 119MSDEV _25- i 11/28/89 1 _ _ 3 •�.'.'•,.Li@,f!Cu xi.°FifirYfi•f I I i i • I • I. 18. ADDRESSES FOR NOTICES Any notice sent to either party under this Agreement shall be in writing and shall be given by delivering the same to such party in person or by sending the same by registered mail, return receipt, with postage prepaid, to the following addresses: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92330 Attn: City Manager Homestead Land Development Corporation 355 N. Sheridan, Suite 117 Corona, CA 91720 Attn: Vice President With a Copy To: Roger G. Galloway 28 Segura Irvine, CA 92715 19. COVENANTS RUNNING WITH THE LAND All of the terms, provisions, covenants and obligations con tained in this Agreement shall be binding upon the parties and their respective successors and assigns, and all other persons or entities acquiring all or any portion of the Property, and shall i inure to the benefit of such parties and their respective i i i successors and assigns. All the provisions of this Agreement f shall be enforceable as equitable servitudes and constitute j covenants running with the land pursuant to applicable law, 1 including but not limited to California Civil Code Section 1468. Each covenant to do or refrain from doing some act on the property covered by s Agreement this A is for the benefit of such property and is a burden upon such property,P P P Y, runs with such property and is binding upon each party and each successive owner during its 119MSDEV -26•- 11/28/89 i f i ownership of such property or any portion thereof, and shall benefit each party and its property hereunder, and each other party succeeding to an interest in such property. Notwithstanding the foregoing, upon the sale or lease for more than one year of a i dwelling unit or office or commercial or industrial space by Developer to a member of the public, but not upon the bulk sale thereof to any person or entity for resale to the public, such residential unit or office, commercial or industrial space shall i be automatically released from the terms, provisions, covenants and obligations of: this Agreement without the necessity of executing or recording any specific instrument of release. 20. CONSISTENCY FINDING By approving and executing this Agreement, City finds that its provisions are consistent with City's General Plan and with i Tuscany Hills Specific Plan, and City further finds and determines. that execution of this Agreement is in the best interests of the ` public health, safety and general welfare of City's residents, Property owners and taxpayers. 21. TERMS AND CONSTRUCTION 21. 1 Severability. If any term, provisions, covenant or I condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this l Agreement shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be i unreasonable or grossly inequitable under all the circumstances, or would frustrate the stated purposes of this Agreement. 119MSDEV _27_ 11/28/89 I - I f 21.2 Entire a regiment. This written Agreement contains all the representations and the entire agreement between City and Developer. Any prior correspondence, ,memoranda, agreements, warranties or representations are superseded in total by this Agreement. This Agreement shall be construed as a whole according to its common meaning and not . strictly for or against any party in order to achieve the objectives and purposes of the parties hereunder. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa, i and the masculine gender shall include the feminine or neutered genders. "Shall" is the mandatory and "may" is the permissive. 21.3 Signature pages. For convenience, the signatures of the parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall k constitute this document as one complete Agreement. 21.4 Time. Time is of the essence of this Agreement and of i each and every term and condition hereof. 22. CONSENT OF OTHER PARTIES Developer may,y, at its discretion, elect to have other holders J of legal, equitable or beneficial interests in the Project, the { I Property or portions thereof, acknowledge and consent to the execution and recordation. of this Agreement by executing an appropriate instrument therefor. It is understood b the Y parties that the execution of such document by other holders of legal, equitable, or beneficial interest in the Project is not a { condition precedent to this Agreement. 119MSDEV _28_ 11/28/89 I i f 23 . ASSIGNMENT AND NOTICE i Developer shall have the right to assign or transfer all or any portion of its interest, rights or obligations under this Agreement to third parties acquiring an interest or estate in Project, the Property or portions thereof, including but not 1 limited to purchasers or long-term ground lessees of individual lots, parcels, or any of the building located within the Project, subject to prior written approval of the City Developer shall give prior written notice to the City of its intention to assign or transfer any of its interest, rights or obligations under this Agreement. Any failure by Developer to 'p provide said notice shall be curable in accordance with the provisions of Section 15 hereof. The express assumption of any of Developer's obligations under this Agreement by its assignee or transferee shall thereby relieve Developer of any further obligations under this Agreement. Notwithstanding the foregoing, Developer shall have no obligation whatsoever to provide said notice when it intends to assign an interest in this Agreement in connection with a conveyance or transfer to a bank or other financial institution or corporation for financing purposes of an equitable interest in the Project and/or the Property whether by means of a deed of trust or other instrument. 24. ENCUMBRANCES AND RELEASES ON REAL PROPERTY 24.1 Discretion to encumber. The parties hereto agree that this Agreement shall not prevent or limit Developer in any manner, 1 at Developer's sole discretion, from encumbering the subject real 119MSDEV -29 11/28/89 i I I I Property or any portion of any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain I � modifications and City agrees, upon request, from time to time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for modification. City further agrees that it will not unreasonably withhold its consent i to any such requested modification so long as 'the modifications do not materially alter this Agreement. 24.2 Entitlement to written notice of default. The mortgagee of a mortgage or beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumberingthe property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested notice in writing receive by City, shall be entitled to receive written notification I from City of any default by Developer in the performance of Developer's obligations under this Agreement which is not cured within thirty (3 0) days. I 24.3 Property subject to pro rata claims. Any mortgagee who comes into possession of the Property, p y, or any part thereof., pursuant to foreclosure of the mortgage or deed of trust, or deed l in lieu of such foreclosure, shall take the Property, or part thereof, subject to any pro rata claims for payments or charges against the Property, or part thereof secured by such mortgage k 119MSDEV -30- 11/28/89 i r I . I f • I which accrue prior to the time such mortgagee comes into Possession of the Property P Y or part thereof. I 24.4 Releases. city hereby covenants and agrees that upon completion of the public improvements and payment of all fees required under this Agreement with respect to the Property, or any Portion thereof, City shall execute and deliver to the Riverside County Recorder appropriate release or releases of further obligations in form and substance acceptable to the County Recorder or as may otherwise be necessary to effect such release. 25. OPERATING MEMORANDA E The parties acknowledge that from time to time it may be in the mutual interest of the parties that certain details relative to performance of this Agreement be refined. Therefor, to the extent allowable b law, the i Y parties retain a certain degree of flexibility with respect to those provision covered in general I under this Agreement which do not relate to the term, permitted i uses, density or intensity of use, height or size of building, Provisions for reservation and dedication of land, timing, rate or sequence of development, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, development of public improvements or monetary contributions by Developer or any conditions or covenants relating to the use of the Property. When and if the parties find it necessary or appropriate to make changes or adjustments to such provisions, 119MSDEV _31_ { 11/28/89 i { I 1 I they shall effectuate changes of adjustments through operating memoranda in recordable form approved by the parties in writing which reference this Section 25. For purposes of this Section 25, the City Manager or his/her desig nee ghee upon report to and approval � by the City Council, shall have the authority to approve the operating memoranda on behalf of City. No operating memoranda shall require notice or hearing or shall be deemed to constitute an amendment to this Agreement. 26. INSTITUTION OF LEGAL ACTION In addition to any other rights or remedies, either party may Iinstitute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein or to enjoin any threatened or attempted violation thereof or to obtain any f 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 shall be entitled to recover reasonable litigation e + g expenses, attorneys fees and casts incurred. It is understood between the parties that in the event a breach of this Agreement by City occurs, irreparable harm is likely to occur to Developer and damages by be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Agreement. j b Developer is a i Y p proper and desirable remedy in addition to any ; and all other remedies which may be available to Developer under law or at equity. I 119MSDEV _32_ 11/28/89 a ' 27. INSURANCE Developer agrees to and shall 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 direct or indirect operation of the ,Developer or those of their contractors, subcontractors, Iagents, employees or other persons acting on their behalf which relate to the Project. Developer agrees to and shall defend the City and its officers, agents, ' employees and representatives from actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with 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 paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to below are applicable. Before beginning work on the Project, Developer shall obtain the insurance required under this paragraph and receive the - approval of City Attorney as to form, content, amount and carrier. Developer shall maintain the insurance during the term of this Development Agreement. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, 119MSDEV —33- 11/28/89 �� .. .n.c'wKfR�'"' ayr?s ,ems 'ink-ate ".�a`"a'#k�':'.'.�"kY'. " _ F:s!.:: ... a 'l'=,`. `. .-. ._ . . •lj a employees and representative and to the Developer and each contractor and subcontractor performing work on the Property: 27. 1 Compensation Insurance. Developer shall maintain Workers Compensation Insurance for all persons employed at the site of Project. Developer shall require each contractor and subcontractor similarly to provide Workers Compensation Insurance for their respective employees. Developer agrees to indemnify the City for damage resulting from the failure to take out and maintain such insurance. 27. 2 Public Liabilit and Pro ert Dama a Insurance. Developer shall maintain public liability insurance in an amount not less than One Million Dollars ($1,000, 000.00) for injuries (including death) to any one person and in an amount not less than One Million Dollars ($1,000, 000.00) on account of any one occurrence; and property damage insurance in an amount not less than One Hundred Thousand Dollars ($100, 000.00) for damage to the property- of each person on account of any one occurrence. 119MSDEV -34- 11/2 8t/S 9 w Developer shall furnish City before beginning work on the Project with a Certificate of Insurance constituting satisfactory evidence,of the insurance required and providing that each carrier is required to give the City at least ten days prior written notice by certified mail to City Hall of the cancellation or reduction in coverage of any policy. DEVELOPER: HOMESTEAD LAND DEVELOPMENT CORPORATION, a California corporation By: • Richard L. Crook, Vice President CITY: CITY OF LAKE ELSINORE a municipal corporation an d nd Political subdi.visio the State of Ca fo 'a By: Mayor TEST: ity Clerk .� OFFICIAL SEAL VICKI LYte* KASAD �a r No'►ARY PUC1i--C-ALWORNIA f;fy corm. expires [IAR 27, 1992 y 119MSDEV -85- 11/28/89 State of California ) County of } ss: On 1989, before me, the undersigned, a Notary Public in and for said State, Personally appeared Richard L. Crook and personally know to me (or proved to me on the basis of satis- factory evidence) to be the persons who executed the within instrument as Vice President and Secretary, an behalf of HOMESTEAD LAND DEVELOPMENT CORPORATION, a California corporation, the corporation therein named, and acknowledged to me that such 'corporation executed the within instruments pursuant to its bylaws or a resolution of its board of directors. WITNESS MY HAND AND OFFICIAL SEAL. Notary Public (Seal) STATE OF CALIFORNIA } COUNTY OF ) ss. ) On this day of undersigned, a NotaryPub1 in l ► before me the appeared `� ) for said State, personally personally known to me or to me on the basis of satisfactoryevidence) { proved executed the with instrument as theMayorof the Cityoferson Lake who Elsinore, California, and acknowledged to me that said City of Lake Elsinore, California executed it. 2LMLhrand and official seal. OFPTrt AT, SEAL VICK�I LYNNE KASAD 1 cs NO?A&y Pt'P' '• :AVPORNlA ti RIVERSIDE roi,rm► My Comm.explres MAR 27, 1992 119MSDEV -36- 11/28/89 ORDINANCE NO. 881 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE EAST FLOODPLAIN AREA AND CITY LAKE PERIMETER AREA TO INCLUDE IN THE MORATORIUM CERTAIN PROPERTIES AS FOLLOWS: 1) THE AREA NORTHERLY OF THE PROPOSED INLET CHANNEL DEFINED AS BEING BOUNDED ON THE WEST BY LAKEPOINT PARK, ON THE NORTH BY LAKESHORE DRIVE, ON THE EAST BY THE SAN JACINTO RIVER, AND THEN SOUTHEASTERLY TO THE NORTHERLY BOUNDARY OF THE INLET CHANNEL NEAR THE SOUTHERLY TERMINUS OF RAILROAD CANYON ROAD , 2) THE AREA LOCATED SOUTHERLY OF CEREAL STREET AND BOUNDED BY CORYDON ROAD ON THE SOUTHEAST AND THE CITY LIMITS ON THE SOUTHWEST AND 3) THE LAKE PERIMETER AREA BEGINNING AT THE CITY BOUNDARY AT BONNIE LEA DRIVE AND THE LAKE, CONTINUING SOUTHWESTERLY TO GRAND AVENUE, AND THEN INCLUDING ALL PROPERTIES LOCATED WITHIN THE LAKE SIDE BOUNDARIES OF GRAND AVENUE, RIVERSIDE DRIVE, AND LAKESHORE DRIVE, AND TERMINATING AT LAKEPOINT PARK. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the East Floodplain and City Lake Perimeter area. 2 . Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3 . Pursuant to California government Code Section 65858 current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the East Floodplain and City Lake Perimeter Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. Page 2 Ordinance No. 881 SECTION TWO This Ordinance shall become effective upon its adoption and ex- pire on May 14, 1990, unless subsequently extended in the manner required by law. PASSED, APPROVED AND ADOPTED this 9th day of January, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER r XYed Dom '3i-gZLe ro Tem, A TEST: Vicki 'Lynne asad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper(j ty Attorney g Elm IN •��wllyn: r / �� .i Ell— ■ _ _ _q 7.u�3•i ■� ;,flu, •..,f�:-.. :1 +� � {,� MIR ■-� `I _�:�� ..;__�1ea 11 a■ 1�=_ _ / r �� ,\ ��I+N�`'f��f4I1 !n'In 3��\S=�`V}��• I �1� j�1�.�� ♦i��"^m!_lash'%w;_:+la".�i'`..,, � -��` � r �� + ��s�ti�IF�/y +/arc`w+�a`� _/ �` 'r• .�/ PAP Jj r ns nr�l•e` !h"•I gym_?i��b� 1 •, ' �.��♦:�/ �. tier:Dui/�1�run nz abll_cirllrr IN I Opp ^� �•�� %'•_lr�la_"'",lam �� a z a STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, T/1 T2_11=1 T wTTrlr Tls L._ _w .1-•_ .- ! _. • • r , ,av .iLi.i�L� ...1:As�iii �. �.aac.. .Sic Lvtcyv111y v161111L1111.:G 11CLC1 11.5 11t5C 1."E-'c1C11T7,g on January 9 , 1990, and had its second reading on January 9, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN; COUNCILMEMBERS: WINKLER Y tS21NPORE RK CITY OF LA (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. 881 of said Council, and that the same has not been amended or repealed. DATED: January 11, 1990 ICK LYNN � EaSAD, CITY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. 882 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER'S 799; 797 ; 798; 795; 796; 800; 794; 802 AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERE TO: UNIFORM BUILDING CODE 1988 EDITION; UNIFORM HOUSING CODE 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, 1988 EDITION; UNIFORM PLUMBING CODE 1988 EDITION; UNIFORM MECHANICAL CODE 1988 EDITION; UNIFORM FIRE CODE 1988 EDITION; NATIONAL ELECTRICAL CODE 1987 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION. THE CITY COUNCIL FINDS AND DETERMINES 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's 799, 798, 795, 796, 800, 794, 802 ARE HEREBY REPEALED SECTION TWO: The following listed codes with amendments, additions and deletions .thereto are adopted by reference: Uniform Building Code, 1988 Edition, including appendix chapters 7, 11, 23 , 32, 49,55,57,70 and Exhibit "A" , attached thereto. Uniform Housing Code, 1988 Edition including Exhibit "A" attached thereto. . Uniform Code For The Abatement Of Dangerous Building, 1988 Edition including Exhibit "A" attached thereto. Uniform Plumbing Code 1988 Edition including Appendix A through D and Exhibit "A" attached thereto. Uniform Fire Code 1988 Edition including Exhibit "A" attached thereto. National Electrical Code 1987 Edition, including Exhibit "A" attached thereto. Uniform Swimming Pool, Spa and Hot Tub Code, 1988 Edition including Exhibit "A" attached thereto. Uniform Mechanical Code 1988 Edition, including Exhibit "A" attached thereto. j 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. SECTION FOUR: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 13th day of _ February 1990, upon the following roll call j vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON THE SECOND READING this 27tp day of FPh — , 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Jim Winkler, Mayo A TEST: APPROVED AS O FORM: C Vicki L. Kasad, City Clerk John R. Harper, ity Attorney (SEAL) i I _ .... ::..._:.______.... ._.,_.,.__.__....,..... ... �v.. . .__ ____ _ ______ ._._ ... ..._._ .. .. . .......... . .._ _ ..._ .. I STATE OF CALIFORNIA COUNTY OF RIVERSIDE } SS: { CITY OF LAKE ELSINORE ) i I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, l DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on February 13 , 1990, and had its second reading on February 27, I 1990 and was passed by the following vote: r I AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ , STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE I i ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE { i V CKI YNNE , CITY CLERK I CITY OF LAXE LSINORE (SEAL) I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE } SS : CITY OF LAKE ELSINORE) 1 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. 882 of said Council, and that the same has not been amended or repealed. DATED: March 6, 1990 VICKI LYNNE D, CITY C RK CITY OF LAK_ ELSINORE (SEAL) i UNIFORM BUILDING CODE 1988 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 five-hundred 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 he 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 7007 (b) the second sentence is amended to read as follows: Fees set pursuant to Chapter 3 . 32 of the Lake Elsinore Municipal Code. I 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. i 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 measu res shall be installed on graded slopes exceeding a three-to-one ration and/or 10 feet in height. 2. Desilting 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) at (24 - hour number) (b) The undersigned civil engineer will supervise erosion control and certify that work is in accordance with the approved plans. (signature,nature, 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. i 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 desalting basin. 6. outlet conditions from the desilting basin shall I not exceed downstream limitations, with the i exception of overflow which is to be designed to provide capacity of 1.5 time the maximum design flow. B. Temporary Erosion Control Measures I 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 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. 7 . 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) . I i UNIFORM HOUSING CODE 1988 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 or a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred 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 he shall be punished accordingly. CHAPTER 11 IS DELETED. I CHAPTER 12 IS DELETED. CHAPTER 13 IS DELETED. CHAPTER 14 IS DELETED. CHAPTER 15 IS DELETED. CHAPTER 16 IS 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 and if, in the opinion of the Building official, such conditions can be corrected by repair, the notice shall state the work that is necessary to repair or rehabilitate the building or structure. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and i to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of f 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 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. If the address of any such person is unknown, that fact shall be stated in the copy so mailed and it shall be addressed to the person at the country seat. Service by mail shall be deemed completed at the time of deposit in the mails. The Building Official shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons, date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. 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 j 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 Director. Section 1705: Notice of Public Nuisance 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. i 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 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 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 entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 day 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 unless within the 30 day period an extension of time is granted by the Board of Appeals. 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. I 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 and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of j three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. The lowest bidder shall be awarded the contract. Section 1712 : Cost Recovery Repair or demolition cost recovery shall be accomplished in the following manner: A. Demolition Account Establishment and Maintenance. (1) The City Council hereby establishes a special account designated as the Repair and Demolition Account. The Finance Director is authorized to pay from said account all such costs and expenses incurred pursuant to the provisions of this ordinance upon the demand of the Building Director. (2) The City Council is establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected as herein after provided for shall be paid to the Finance Director who shall credit the same to the Repair and Demolition Account and there-from credited to repay the loan from the General Fund of the City. i B. Statement of Expense. The Building Official shall keep P g a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) 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. (2) The Building Official shall cause, to be posted conspicuously on the property from which the building or structure was razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. 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 on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. 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. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. E. Payment and Recordation of Lien. All concerned parties i 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 Councils decision on the statement, the Building Official shall transmit the statement and the City Council's decision to the County Auditor who shall place the amount thereof on the assessment roll as a special assessment to be paid with County taxes, unless sooner paid. At the same time, the Building 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 take to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) being Priority. Immediately upon its b � g 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 be upon a parity. The lien 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. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. if any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for ordinary municipal taxes. (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 Finance Director of City of Lake Elsinore who shall credit the same to the Repair and Demolition Account. i F. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, the Building Director 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 Director, he shall notify the County Auditor who shall cancel the assessment on the roll. ' G. Contest of City Councils Decision. Unless action is brought in a court of competent jurisdiction within thirty (30) days after final judgment by the City Council, contesting the validity of any proceedings leading up to and including the decision of the City Council, all objections will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3 .32 of the City of Lake Elsinore Municipal Code. 1 i I i I I UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING 1988 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 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 five-hundred 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 he shall be punished accordingly. 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 10 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 Director 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 and if, in the opinion of the Building Official, such conditions can be corrected by repair, the notice shall state the work that is necessary to repair or rehabilitate the building or structure. 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 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 is located, at the last known addresses of such interest holders. If the address of any such person is unknown, that fact shall be stated in the copy so mailed and it shall be addressed to the person at the county seat. Service by mail shall be deemed complete at the time of deposit in the mails. The Building Official shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons, date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. 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 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 Official 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 Public Nuisance Whenever the first notice of defects has been give, 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 this 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 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 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 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 abate 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 1.010: 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 unless within the 30 day period an extension of time is granted by the Board of Appeals. 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. (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. The lowest bidder shall be awarded the contract. Section 1012 : Cost Recovery of Repair or Demolition Shall Be Accomplished In The Following Manner: A. Demolition Account Establishment and Maintenance (1) The City Council hereby establishes a Special account designated as the Repair and Demolition Account. The Finance Director is authorized to pay from said account all such costs and expenses incurred pursuant to the provisions of this ordinance upon the demand of the Building Official (2) The City Council in establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected the Finance Director who shall credit the same from credited to repay the loan from the General Fund of the City. B. 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 provisions of this ordinance. (1) 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. (2) The Building Official shall cause to be posted conspicuously on the property from which the building or structure was razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. 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 on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. 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. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. E. PayMe^nt 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 Building Official shall transmit the statement and the City Council's decision to the County Auditor who shall place the amount thereof on the assessment roll as a special assessment to be paid with County taxes, unless sooner paid. At the same time, the Building 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 take 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 Finance Director of City of Lake Elsinore who shall credit the same to the Repair and Demolition Account. F. Release of Lien Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, 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. G. Contest of City Councils Decision Unless action is brought in a court of competent jurisdiction within thirty (30) days after final judgment by the City Council, contesting the validity of any proceedings leading up to and including the decision of the City Council, all objections will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3 . 32 of the City of Lake Elsinore Municipal Code. UNIFORM PLUMBING CODE 1988 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 five hundred dollars ($500. 00) 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 20.7 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 to read as follows: (2) 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 to read as follows: (2) ABS, PVC and DWV piping installations shall be limited to those structures where combustible and non-fire rated constructions is allowed. I UNIFORM FIRE CODE 1988 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. I I NATIONAL ELECTRICAL CODE 1987 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. k UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1988 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. a) 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. b) Masonry-type fences are excepted 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. a) 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 grad 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. b) There shall be the following exceptions to this section: (1) 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 not openable from the outside of the enclosure. (2) Self-closing and self-latching devices shall not be required on doors leading from a dwelling unit into the pool area. (3) Double gates installed across vehicular accessways 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 Director of Building and Safety until there has been compliance with all fencing and other requirements of this chapter. UNIFORM MECHANICAL CODE 1988 AMENDMENTS SECTION 204 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 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 five-hundred 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 he 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. ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING MUNICIPAL CODE SECTION 9. 88. 010 RELATING TO THE i DISCHARGE OF FIREARMS i I RECITALS WHEREAS, the City of Lake Elsinore has enacting Municipal Code Section 9. 88. 010 prohibiting and making unlawful the discharge of certain types of weapons within the incorporated limits of the City; and j i WHEREAS, the City Council for the City of Lake Elsinore desires to amend said section providing for broader coverage of the ordinance; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: 1 . The Municipal Code for the City of Lake Elsinore is hereby amended as follows: Section 9. 88. 010 Firearm. The word "firearm" as used herein includes the following: cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, air gun, pellet gun, and any other weapon designed to discharge one or more projectiles propelled by the expansion of gas . Section 9 . 88. 020. It shall be unlawful for any person or persons to fire or discharge a firearm within the incorporated limits of the City, as shown on the official map of the City on file in the office of the City Clerk, with the exception of any officer or special officer of the City, County or State in the line of duty or on a pistol range, rifle range, skeet or trap range having a proper special permit and current business l.i.scenses provided by law. Section 9 . 88. 030. It shall not be unlawful for a person or persons to fire or discharge an air gun or pellet gun on said person or persons lawfully occupied property within an i enclosed area and for the purpose of target shooting as long as the projectile fired or discharged remains within said enclosed area and on the person or persons property. INTRODUCED AND PASSED UPON FIRST READING this 27fh day of February 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE i ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON THE SECOND READING this 13th day of MarCh 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINr,UEZ, STA'?KEV, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE I Jim Winkler, Ma r A TEST: n i 11 Vicki L. 'Ka'sad, City Clerk APPROVED AS TO FORM: John R. Ha rpe city—Attorney ESEAL] _2_ i i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: j CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on February 27 , 1990, and had its second reading on March 13 , 1990, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 4VICKI LYNNE SA , CITY LERK TY OF LAK ELSINORE (SEAL) i r STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I 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. 883 of said Council, and that the same has not been amended or repealed. DATED: March 19, 1990 CK L SA , CI CLERK CITY OF LA. ELSINORE (SEAL) E ORDINANCE NO. 884 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17. 56. 020, 17 . 60. 020 AND SECTION 17. 66. 030.0 OF CHAPTERS 56, 60, AND 66 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR APPLICATIONS FOR DISCRETIONARY REDUCTIONS IN MANUFACTURING DISTRICT PARKING REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Section 17 . 66. 030.0 of Chapter 66, of Title 17, of the Lake Elsinore Municipal Code is hereby amended to add Subsection l. , to Section C. , of Section 17 . 66. 030 to read as follows: C. In Manufacturing Districts, except the commercial/ manufacturing District, one (1) parking space shall be provided for each five-hundred (500) square feet of unit area for up to twenty-thousand (20, 000) square feet, plus one (1) space for each one thousand (1, 000) square feet of unit area over twenty-thousand (20, 000) square feet, and one parking space for every one-thousand (1, 000) square feet of warehousing floor area, unless otherwise specified in subsection (D) below. 1) A request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with Design Review of an industrial project or with a proposed change of use within an industrial building when the applicant determines that the actual number of needed parking spaces is less than that required by the code. A request for a parking determination will be by an established fee and will require a separate application. 2) In order for the Planning' Commission to grant a parking determination findings shall be made. Said findings may include but shall not be limited to the following: a) A parking study supports the finding that the number of parking spaces actually needed for a development and/or use is less than that required by the code. b) Adequate off-street parking will be provided for the proposed use. c) Traffic safety and pedestrian safety will not be affected by the modification of the parking requirements. d) Reduced parking will not affect the health, safety and welfare of the public. i e) Alternative transportation programs exist such as ride sharing, mass transit etc. . . that reduces the actual number of parking spaces needed. f) Only a predetermined portion of the building on the parcel is to be occupied. g) Sufficient area exists on-site for expansion of the parking area should the occupancy or use of the structure change. h) That space that would otherwise be dedicated for parking could be utilized for a purpose that enhances the project. i) The parking determination has been conditioned to insure compliance with the findings and the intent of Section 17. 66 . 030 .C. 1 and 2 , and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on-site. A parking determination granting reduced parking requirements may be revoked at anytime if there is evidence of insufficient on-site parking, i.e. , "spill over" parking onto a public right-of-way or onto an adjacent lot. Upon revocation of a parking determination approval the applicant will be required to submit a new application for a parking determination or provide on-site parking per code requirements. SECTION TWO: Section 17 . 56 . 020, of Chapter 56, of Title 17, of the Lake Elsinore Municipal Code is hereby amended to read as follows: Section 17 . 56. 020 Permitted Uses. Uses permitted in the "M-1" District shall include those businesses listed below which operate in compliance with the purpose, intent and standards of this district, are conducted entirely within a completely enclosed building, and maintain an exterior environment free from odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, and the storage of hazardous waste. Each business shall be evaluated in terms of its operational characteristics and specific site location. The requisite number of parking spaces specified in Section 17 . 66 . 030.0 shall be provided unless a parking determination pursuant to Section 17. 66. 030 .C. 1 is approved by the Planning Commission for a particular use. A parking determination does not run with the land. A new determination is required upon any changes in business operation characteristics or a change of use which results in an increased demand for parking. SECTION THREE: Section 17 . 60. 020, of Chapter 60, of Title 17, of the Lake Elsinore Municipal Code is hereby amended to read as follows: Section 17 . 60. 020 Permitted Uses. Uses permitted in the "M-2" District shall include those businesses listed below STATE OF CALIFORNIA ) 1, 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 had its first reading on March 27, 1990, and had its second reading on April 24 , 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE C KA , C TY LERK CITY OF LAX 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. 884 of said Council, and that the 1 same has not been amended or repealed. DATED: May 17 , 1990 NCI , KASAD, CITY CLERK CI`iY OF LA ELSINORE (SEAL) ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 34 . 14 ACRES LOCATED SOUTH OF GRAND AVENUE, 1, 000 FEET EAST OF ORTEGA HIGHWAY AND WEST OF SANGSTON DRIVE FROM C-1 PLANNED UNIT DEVELOPMENT (PUD) , R-3 (PUD) AND R-1 HILLSIDE PLANNED DEVELOPMENT (HPD) (PUD) TO R-1 (HPD) , (MACLEOD DEVELOPMENT - ZONE CHANGE 90-1) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Being a portion of the northwest 1/4 of Section 14, Township 6 South, Range 5 West, San Bernardino Base & Meridian and a portion of Lots 12 and 14 in Block C, Map of Subdivisions in Elsinore, Book 8, Page 377, Records of San Diego County, California more precisely described as follows: Beginning at the most easterly corner of said Lot 12 : Thence South 53 24134" East along the Northeasterly line of said Lots 12 & 14 a distance of 907 .88; Thence South 36 35141" West a distance of 792 . 06 feet,- Thence South 53 24127" East a distance of 413 .27 feet; Thence South 36 38102" West a distance of 650. 00 feet; Thence South 53 24127" West a distance of 200. 00 feet; Thence North 53 24128" West a distance of 58 .44 feet; Thence North 47 30151" West a distance of 231. 00 feet; Thence North 20 54121" West a distance of 202 .21 feet; Thence North 17 22154" East a distance of 56. 31 feet; Thence North 31 01130" West a distance of 145.82 feet; Thence North 85 20114" West a distance of 186. 61 feet; Thence North 36 41155" West a distance of 155. 35 feet; Thence North 01 35147" East a distance of 30. 92 feet; Thence North 53 27127" West a distance of 308 . 55 feet; Thence North 36 52133" East a distance of 437 . 90 feet; Thence South 53 24127" East a distance of 122 . 37 feet; Thence North 36 37113" East a distance of 792 . 03 feet to the point of beginning. (Assessor' s Parcel Number 381-351-001-012 ; 381-352-001-012 ; 381-353-001-016; 381-354-001-021; 381-355-001-016; 386-181-001-006; 386-182-001-021; 386-183-001-012 ; 386-184-001-006; 386-185-001-005; 386-186-001-042) i from C-1 (PUD) , R-3 (PUD) and R-1 (HPD) (PUD) to R-1 (HPD) Zoning District on approximately 34 . 14 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 I property located within such R-1 (HPD) Zoning District. Approval is based on the following: 1. The proposed Zone Change is consistent with the General Plan. 2 . Government Code, Section 65860 requires that zoning be consistent with the General Plan. 3 . Approval of Zone Change 90-1 is a Condition of Approval for Residential Project 89-11. 4. The HPD Overlay District will serve to remind residents of erosion and fire hazard concerns, but will not restrict regular R-1 use on site. 5. The HPD Overlay District restricts landscaping that may constitute fire hazards. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of March, 1990 , upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NON '. A TEST: M. WASHBURN; MAYOR i Vicki Lyn Rdsad, City Clerk (SEAL) 1 APPROVED S TO FORM AND LEGALITY: John R. arp r, '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 had its first reading on March 27 , 1990, and had its second reading on April 24 , 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE i ABSTAIN: COUNCILMEMBERS: NONE &CK . IT, KASAD, ERK CITY ELSI NORE(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. 885 of said Council, and that the same has not been amended or repealed. I DATED: May 17, 1990 i LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) 1 ORDINANCE NO. 886 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE FIRST AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS, the City Council of the City of Lake Elsinore (the "City") has previously certified an environmental impact report No. SCH 83071309 (the "EIR") with respect to the Ramsgate Development (the "Project") ; and WHEREAS, the City has caused a Supplemental EIR (SCH 88090525) and an Addendum to the EIR to be prepared which addresses the changes to the Project; and WHEREAS, the Planning Commission has previously reviewed the EIR, the Supplemental EIR and the Addendum and has recommended that the City Council (1) certify that the Supplemental EIR has been prepared in accordance with the requirements of the California Environmental Quality Act and the City ' s CEQA guidelines; (2) certify that ._the Addendum has been prep$ared in accordance with the requirements of the California Environmental Quality Act and the City ' s CEQA guidelines; (3) approve the amended Specific Plan for the Project; and WHEREAS, the City Council reviewed the EIR, the Supplemental EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council has certified the Supplemental EIR and the Addendum to the EIR and has made the findings required by Section 15091 (a) of the State CEQA Guidelines, attached hereto as Attachment A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN 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, attached hereto as Attachment A, the City Council ! hereby (i) finds that the first Amendment to the i Specific Plan for the Project area attached hereto as Attachment B is consistent with the General Plan of the City, (ii) finds that the adoption of the Specific Plan is in the public interest, (iii) approves and adopts the first Amendment to the Specific Plan, and (iv) j approves and adopts the Mitigation Monitoring Program attached hereto as Attachment C. Section 2: 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 be published and posted in the manner required by law. i PASSED UPON FIRST READING this 27th day of March, 1990 , by the following roll call vote: AYES : COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, WASHBURN, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS : NONE ABSTAIN: COUNCILMEMBERS: 14INKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of Agri? , 1990, by the following roll call vote: AYES: COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER f CAR Y . 'WASHBURN-, M4YOR CIT OF LAKE ELSINORE A EST: - i VICKI KASAD, CI X CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. H4E , ITY ATTORNEY i 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 had its first reading on March 27, 1990, and had its second reading on April 24, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ , STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE LY KASAD, CITY LERK 4KI Y OF LA 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. 886 of said Council, and that the same has not been amended or repealed. DATED: May 17 , 1990 "OFLAKE 5INORE D, ITY CLE K (SEAL) ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 6. 6 ACRES LOCATED BETWEEN LAKESHORE DRIVE AND PARKWAY AVENUE AND SOUTH OF AVENUE 6 FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (C-2) . (TOMISLAV GABRIC AND ASSOCIATES) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 373-203-015, 373-204-013 , 373-205-002 from Single-Family Residential (R-1) to General Commercial (C-2) Zoning District on approximately 6. 6 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 C-3 Zoning District. Approval is based on the following: 1. The proposed C-2 zoning is not anticipated to have any significant adverse environmental impacts. 2 . The present R-1 zoning is not consistent with the requested General Plan Land use designation of "General Commercial" contained in General Plan Amendment 89-9. 3 . The proposed C-2 zoning is consistent with General Plan Amendment 89-9. 4. The proposed zoning will facilitate compatibility of land uses within the City' s General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this Sth day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTENTIONS: COUNCILMEMBERS: WINKLER LL A KEY, MAYO R TEM City of Lake sinore ATTEST: Vicki Lyn e Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: John Harp r, i y Attorney City of Lake inore 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 had its first reading on April 24th, 1990, and had its second reading on May 8 , 1990, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILPJIEMBERS: WINKLER 1 VICKI LYNNE S CITY C ERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) i 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., 887 of said Council, and that the same has not been amended or repealed. DATED: May 15 1990 CKI LY N KASAD, CITY CLERK CITY OF LA. ELSINORE (SEAL) ORDINANCE NO. 888 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 36 ACRES LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD, NORTH OF THE CURRENT CITY BOUNDARY FROM RURAL RESIDENTIAL (RR) TO SINGLE-FAMILY RESIDENTIAL (R-1) . (HOMESTEAD LAND DEVELOPMENT FORMERLY TMP INVESTMENTS) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 349-390-002 , 003, 004, 015, 016 from Rural Residential (R-R) to Single-Family Residential (R-1) Zoning District on approximately 36 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 R-1 Zoning District. Approval is based on the following: 1. The present County of Riverside zoning of "Rural Residential" is not consistent with the requested General Plan Land Use Designation of "Low Density Residential" as contained in General Plan Amendment 89-14. 2 . The proposed R-1 zoning, which will become effective upon annexation, is consistent with the General Plan Amendment 89-14 . 3 . The proposed zoning will facilitate compatibility of land uses within the City' s General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTENTIONS: COUNCILMEMBERS: NONE B ST Y, �AYOR 0 TEM City of Lake E inore AT E�1i i: Vicki Lynne asad, City Cl rk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: John Harper, CAtV At orney City of Lake E1 'nore 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 had its first reading on April 24th, 1990, and had its second reading on May 8, 1990, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS : NONE n VICKI LYNNE AD, CL RK 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. 888 of said Council, and that the same has not been amended or repealed. DATED: May 15, 1990 2 VIC I D, TY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. 889 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 15. 3 ACRES LOCATED AT THE NORTHEAST CORNER OF FLINT AND SILVER STREETS FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO LIMITED MANUFACTURING (M-1) . (BROOKSTONE DEVELOPMENT) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Legal Description: Portion of Lot 1 in Block 88, of the Town of Elsinore, in the City of Lake Elsinore, County of Riverside; State of California, as per map recorded in Book 8, Page 378 of Maps. In the Office of the County Recorder of the County of San Diego, State of California. Assessor's Parcel Number 377-180-010 & 011 from Single-Family Residential (R-1) to Limited Manufacturing (M-1) Zoning District on approximately 15. 3 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 M-1 Zoning District. Approval is based on the following: 1. The present City of Lake Elsinore Zoning of R-1 is not consistent with requested General Plan Land Use Designation of Light Industrial as contained in General. Plan Amendment 89-15. 2 . The proposed zoning, which will become effective upon City Council approval is consistent with the General Plan Amendment 89-15. 3 . The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WASHBURN 4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WA5NBURN ABSTENTIONS: COUNCILMEMBERS: NONE BT Mark ayor Pro Tom '—City of Lake Elsinor AT EST: Vicki Lynnt Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: i o pb'11C/itV Attorney City of Lake 1 'pore 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 had its first reading on April 24th, 1990, and had its second reading on May 8, 1990, and Was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE I VICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) i 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. 889 of said Council, and that the same has not been amended or repealed. DATED: May 15, 1990 4Nh KASA , CITY CLERK CITYF LA ELSINORE (SEAL) ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. 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 Alberhill Ranch Associates on March 14, 1990, 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 April 24, 1990, and found that (1) the Development Agreement is consistent with the City's General Plan and the Alberhill Ranch Specific Plan and (2) the previously certified environmental impact report prepared for the Alberhill Ranch 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 Alberhill Ranch Associates, 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 2'Pth, day of J.u.ne. 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, STARKEY, VAS)JIBIMIN! NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMIN,UEZ, WINKLER ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 10th day of July_:, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NO °f �f WC2 Ga y M. Washburn, Mayor C ty of Lake Elsinore VI-Q- Vicki Lynn Kasad, City lerk City of La Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. aUpe , Ci y Attorney City of Lalsinore 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 had its first reading on June 26, 1990, and had its second reading on July 10, 1990 and was passed by the following vote: I AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE YNNE SAD, CITY CLERK 'F CITY OF LAKE ILSINORE (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. 890 of said Council, and that the same has not been amended or repealed. DATED: July 18 , 1990 iVI CITYIOFYLAK ESAD, CITY CLERK LSINORE (SEAL) r - 40 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92330 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES FOR ALBERHILL RANCH DEVELOPMENT I i i I r TABLE OF CONTENTS Pane 1. PARTIES AND DATE. . . . . . . . . . . . . . . . . 1 2. DEFINITIONS . . . . . - . . . . . . . . . . . . . 2 3. RECITALS. . . . . . . . . . . . . . . . . . . . . 4 3.1 Legal authority. . . . . . . . . . . . . . . 4 3.2 Consistency findiig. . . . . . . . . . . . 4 i 3.3 Status of project. . . . . . . . . . . . 5 3.4 Annexation to City . . . . 7 3.5 Entitlements and approvals . . . . . . . . 7 3.6 Consideration. . . . . . . . . . . . . . . . 8 4. PROPERTY COVERED . . . . . . . . . . . . . . . . . i .. 5. INTEREST OF CONTRACTING PARTY . . . . . . . . . 12 6 . 'DURATION OF AGREEMENT . . . . . . . . . . . . . . 12 6.1 Scheduling . . . . . . . . . . . . . . . . . 12 6. 2 Periodic review . . . . . . . . . . . . 14 6.3 Certification of completion. . . . . . . . . 14 7 . AMENDMENTS . . . . . . . . . . . . . . . . . . . . 15 8. PERMITTED USES OF PROPERTY. . . . . . . . . . . . 17 9 . VESTING OF RULES, REGULATIONS AND OFFICIAL POLICIES . . . . . . . . . . . . . . 20 9 .1 Effective standards . . . . . . . . . . . . . 20 9 .2 No conflicting enactments . . . . . . . . . . 20 9 .3 Initiatives and moratoria. . . . . . . 20 9 .4 Subsequent changes in state or federal laws . . . . . . . 21 9. 5 Fees, conditions and dedications 22. (1) Filing and processing fees 2 ( 2) Taxing power . . . . . . . . . . . . . i . ( 3) Commercial rent control or office condominium conversion . . . . . 24 ( 4) Future tentative maps, specific plan j amendments and development impact fees 25 9 .6 Life of subdivision maps . . . . . . . . . . 25 10 . EFFECT OF AGREEMENT WHEN RULESCHANGE. . . . . . . . . . . . . . . . . . . 25 11. COOPERATION AND COVENANT OF FURTHER ASSURANCES. . . . . . . . . . . . . . . . 25 -i- a t y 11.1 Third party actions . . . . . . . . . . . . 25 11. 2 Further assurances. . . . . . . . . . . . . 26 11. 3 Processing. . . . . . . . . . . . . . . . . 26 11. 4 Other governmental permits. . . . . . . 28 11. 5 Financing of public facilities and/or services. 29 11. 6 Utilities coordination. 30 11.7 Covenant of good faith and fair dealing 30 12. PERMITTED DELAYS. . . . . . . . . . . . . . . . . 31 13. ESTOPPEL CERTIFICATES . . . . . . . . . . . . . . 31 14. RECORDATION BY CITY CLERK . . . . . . . . . . . . 32 15 . DEFAULT . . . . . . . . . . . . . . . . . . . . . 32 15. 1 Events of default . . . . . . . . . . . . . 32 15.2 Remedies. . . . . . . . . . . . . . . . . . 33 15. 3 No waiver 33 15.4 Effect of termination 33 16. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE . . . . . . . . . . . . . . . 34 17. APPLICABLE LAW. . . . . . . . . . . . . . . . . 35 18. NO JOINT VENTURE OR PARTNERSHIP . . . . . . . . . 35 19 . ADDRESSES FOR NOTICES . . . . . . . . . . . . . 35 20. COVENANTS RUNNING WITH THE LAND . . . . . . . . . 36 ' 21. EFFECT OF AGREEMENT . . . . . . . . . . . . . . . 37 22 . CONSISTENCY OF FINDING. . . . . . . . . . . . . . 37 23. TERMS OF CONSTRUCTION . . . . . . . . . . . 38 23. 1 Severability. . . . . . . . . . . . . . . . 38 23 . 2 Entire agreement. . . . . . . . . . . . . . 38 23 .3 Signature pages . . . . . . . . . . . . . . 38 23 . 4 Time. . . . . . . . . . . . . . . . . . . . 38 24. CONSENT OF OTHER PARTIES. . . . . . . . . . . . . 39 25. ASSIGNMENT AND NOTICE . . . . . . . . . . . . . . 39 26. ENCUMBRANCES AND RELEASES ON REAL PROPERTY. . . . 40 26. 1 Discretion to encumber . . . . . . . . . . . 40 26 .2 Entitlement to written notice of default . . 40 26 . 3 Property subject to pro rata claims. . . . . 41 26. 4 Releases . . . . . . . . . . . . . . . . . . 41 � -ii- I f 27 . OPERATING MEMORANDA . . . . . . . . . . . . . . . 41 28. INSTITUTION OF LEGAL ACTION . . . . . . . . . . . 42 29 . INSURANCE . . . . . . . . . . . . . . . . . . . . 43 29 . 1 Compensation insurance . . . . . . . . . . . 44 29 .2 Public liability and property damage insurance . . . . . . . . . . . . . . 44 EXHIBITS A. Existing Alberhill Ranch Specific Plan Land Use Plan B. Golf Course Draft Alternative Land Use Plan C. Property Covered by Development Agreement i i i Y" DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES FOR ALBERHILL RANCH DEVELOPMENT 1. PARTIES AND DATE The parties to this Development Agreement ( "Agreement" ) are the City of Lake Elsinore, California, a municipal corporation and political subdivision of the State of California ( "City" ) , and Brighton Alberhill Associates, a California general partnership ( "Developer" ) . The project to which this Agreement applies is commonly known as "Alberhill Ranch. " This Agreement is made and entered into on ��I 1990 . It is the intent of City and Developer that Developer secure t the entitlement to 2,235 residential dwelling units pursuant to approved City of Lake Elsinore Specific Plan No. 89-2 in exchange for payment of special fees in the amounts set forth in this Agreement and compliance with all other terms and conditions of this Agreement. f It is the further intent of City and Developer that Developer have the opportunity to secure an additional entitlement, through a Specific Plan amendment, to 500 additional attached or detached residential dwelling units in exchange for construction of a golf course/clubhouse facility, payment of special fees in the amounts set forth in this Agreement and compliance with all other terms and conditions of this Agreement. i t 4 2. DEFINITIONS 2.1 "Agreement" means this Development Agreement made and entered into by and between the City of Lake Elsinore and Brighton Alberhill Associates in accordance with applicable state law and local regulations. 2 . 2 "CEQA" means the California Environmental Quality Act of 1970 (California Public Resources Code Section 21000 et sear. ) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seg. ) . 2 . 3 "City" means the City of Lake Elsinore, including z officials, officers, employees, commissions , committees and boards. 2. 4 "City Council" means the duly elected City Council of the City of Lake Elsinore. 2. 5 "Developer" means Brighton Alberhill Associates, including its successors and assigns . 2 . 6 "Development" means the improvement of the Property for the purposes of constructing and otherwise effecting the structures, improvements and facilities comprising the Project as set forth in this Agreement, including but not limited to grading, the construction of infrastructure and public facilities related to the Project (whether located within or outside the { Property) , the construction of structures and buildings and the installation of landscaping. 2.7 "Development Approval(s) " means site specific plans, maps, permits, and other entitlements to use of every kind or nature approved or granted by City in connection with the -2- t development of the Property, including but not limited to general plan amendments, specific plans and amendments thereto, EIRs , negative declarations, categorical or statutory exemptions, tions, 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. 2.8 "Effective Date" means the date this Agreement is recorded with the Riverside County Recorder or the effective date of the annexation of the Property to City, whichever occurs P Y Y -later . The parties acknowledge that this Agreement shall not become operative and enforceable until and unless such annexation is completed. 2.9 "EIR" means an environmental impact report prepared in ` accordance with the provisions of CEQA. 2.10 "Existing Development Approvals" means those development approvals in effect on the Effective Date of this Agreement with respect to the Property, including but not limited to Specific Plan No. 89-2 (as adopted or as may thereafter be amended from time to time upon application by Developer) , annexation of the Property to City, this Agreement and general plan and zoning provisions. i 2 .11 "Existing Land Use Ordinances" means all those land use ordinances, resolutions, policies , rules and regulations adopted by City in effect on the Effective Date of this Agreement, including but not limited to those which govern the permitted i -3- �� r� uses of land, the density and intensity of use, subdivision codes, fees and exactions, growth management, design improvement and construction standards and specifications applicable to development of the Property. 2 .12 "LAFCO" means the Riverside County Local Agency Formation Commission. 2. 13 "Project" means the development project contemplated by the Existing Development Approvals , including but not limited to the land use plan encompassed by Specific Plan No. 89--2 with respect 'to the Property, consisting of not less than 2, 235 and not more than 2,735 dwelling units ( in accordance with Section 8 .below) and 2,722, 500 square feet of commercial/industrial buildings, including but not limited to all on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Agreement. 2.14 "Property" means the real property which is the subject of this Agreement and described in Section 4 below. 3. RECITALS 3.1 Legal, authority. . California Government Code Section 65864 et seq. authorize City to enter into development agreemer in connection with the development of real property within City. This Agreement is made and entered into pursuant to those ! provisions of state law. 3. 2 Consistency finding. By approving and executing this j Agreement, the City Council finds that its provisions are i -4- ram` consistent with City' s General Plan, Specific Plan No. 89-2 , and all other applicable Existing Land Use Ordinances of City. 3.3 Status of Proiect. Since November, 1987 , various property owners and developers have been in the process of planning, financing and preparing for the Development commonly known as the Alberhill Ranch, a large scale mixed use phased Development of some 3705 dwellings on 1853 acres in the City of Lake Elsinore more particularly described in City of Lake Elsinore Specific Plan No. 89-2 and City of Lake Elsinore EIR No. 89-2 . Additional land uses include commercial (neighborhood commercial and highway and office commercial) , schools, open space and recreational uses, . including two 5-acre neighborhood parks and one 30-acre community park. Exhibit "A" attached hereto and incorporated herein by this reference shows the intended land uses contemplated by the Specific Plan. Constructing the Alberhill Ranch project pursuant to City' s approved Specific Plan and providing the mitigation set forth in EIR No. 89-2 will require major investment by Developer in public facilities and onsite and offsite improvements. The Development has been analyzed and reviewed by City as part of its process of granting Development Approvals in light of the enacted land use standards and policies of. City embodied in its Existing Land Use Ordinances and pursuant to state law, including but not limited to CEQA. City and Developer contemplate that there may be a future amendment to Specific Plan No. 89-2 proposed by. Developer , which City encourages and supports, to establish an 18-hole championship public golf course, together with related -5- 42� � i 1 facilities, including but not limited to a championship clubhouse, within the designated open space area. The precise nature and scope of the golf course and clubhouse, including a phasing schedule therefor, shall be detailed in any amendment to the Specific Plan. (A draft concept plan for the golf course is attached hereto as Exhibit "B" and incorporated herein by this reference. City and Developer agree that this draft is for illustrative purposes only, is preliminary in nature, may be revised in whole or in part, and shall not be binding on either party. ) The golf course and related facilties, to be operated Developer or its assignee, shall be open on a priority basis to . members of the. public, including meetings of civic .and community organizations in the following manner : within the fourth quarter of each calendar year, City and the golf course/clubhouse operator shall meet and confer to establish a mutually agreeable priority use schedule for use of civic and community activities to occur during the following calendar year. Meeting room facilities shall be made available at no fee to the City Council, City Manager ' s office and City commissions, boards and committees not less than two ( 2) days per calendar month. Residents of Lake Elsinore and municipal employees shall be granted a 10% discount on green fees. City shall be entitled to periodically review t public nature of the golf course operation, including the schedules for use of clubhouse facilities. Developer shall use its best efforts to evaluate and apply for a golf course/clubhouse Specific Plan amendment as discussed above and, in the event the amendment is submitted and approved, City agrees -6- �� r to permit the construction of 500 additional attached or detached dwelling units on the Property ( in excess of the 2 , 235 dwelling units herein provided) at such locations as are indicated on the Specific Plan amendment. In order to accomplish this golf course/clubhouse Specific Plan amendment, the parties recognize that a corresponding reduction in the amount of permanent passive open space will be necessary. The parties acknowledge and agree that the establishment of the above-discussed golf course and civic and community use of the clubhouse meeting facilities shall be deemed to satisfy any and all deficiencies in required park and recreational lands and/or in-lieu fees pursuant to Specific ..Plan .No. . 89-2. Shared civic use of clubhouse facility by City shall run in perpetuity as consideration for in-lieu fee offset . 3. 4 Annexation to City. On August 8, 1989 , at a duly noticed public hearing, the City Council adopted Resolution No. 89-35, which granted its consent to the initiation of annexation proceedings pursuant to the Cortese--Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et sec . ) for the real property encompassed by Specific Plan No. 89- 2. A landowner-initiated annexation petition was thereafter filed with LAFCO. If the annexation of the Property is approved by LAFCO, the matter will be submitted to the City for final approval pursuant to Government Code Section 57002(b) or , if notice and hearing are required, the matter will be set for hearing by City at the earliest possible scheduled time following LAFCO approval. 3 . 5 Entitlements and approvals . In contemplation of the -7- <;1 V t annexation of the Alberhill Ranch property, applications for various Development Approvals have been submitted to City in connection with the Development of the Alberhill Ranch project, T including but not limited to the following: (1) Certification of a Final EIR on the Alberhill Ranch project. ( 2) Specific Plan No. 89-2 approval (which shall constitute the applicable zoning for the Alberhill Ranch project) . (3) General Plan amendment approval . (4) Preannexation zoning approval (consistent with Specific Plan No. 89-2) . (5) Approval of this Agreement (which includes a finding of consistency with the General Plan) . (6) Annexation of the project site to City. It is contemplated that as of the Effective Date of this Agreement, all of the above Development Approvals will have been granted or approved by City. 3. 6 Consideration. City has determined that entry into this Agreement will further, City' s goals and objectives of becoming a major retail center and recreation and resort-oriented community in the region. This Agreement will also further the goals and objectives of City' s land use planning policies by . eliminating uncertainty in planning for and securing orderly Development of the Project so that adequate long-term plans regarding the provision of necessary infrastructure for existing and future City residents can be developed and implemented. Further, the maximum effective utilization of resources within City will be pursued at the least economic cost to its citizens. City acknowledges that the Project is and shall be considered a -8- V-71- l single,, integrated development project, that each phase of the Project is dependent upon the completion and occupancy of each other phase, and that the viability of each phase of the Project is and shall be dependent upon the completion and occupancy of each other phase and the full performance of this Agreement. The benefits conferred by Developer herein will facilitate the installation of certain public improvements and will help increase traffic capacity for the road system of City, both of which will promote the health, safety and general welfare of existing and future City residents. In exchange for these benefits to City and its residents, Developer wishes to receive .the assurances permitted by state law that Developer may proceed to develop the Project in accordance with Existing Land Use ordinances, and its existing financial and contractual commitments, and at a rate of Development- of its choosing, subject to the terms and conditions contained in this Agreement . The assurances provided by City and Developer to each other herein are provided pursuant to and as contemplated by statute, bargained 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. City and Developer agree that the following amenities and improvements being provided by Developer as part of the planning, financing and construction of the Alberhill Ranch project will result in substantial general public benefit: a. As part of the Development of the Alberhill Ranch project, Developer will provide a substantial amount of permanent i passive and active open space, including the golf course and related facilities referenced in Section 3 . 3 above, in accordance with the applicable provisions of the Specific Plan. Developer agrees to provide as a turn key project the combined 15-acre elementary school site/park for park purposes only in conjunction with the first phase of the Project, and operational concurrent with opening of project ' s Phase I model complex. The school site portion, consisting of approximately 10 acres, shall be graded, hydroseeded and irrigated by Developer, who shall also install soccer- and baseball fields in accordance with City standards f such facilities. City acknowledges that Developer intends to .convey the school site to the appropriate school district , and City further acknowledges that the future availability of the school site for City use after the conveyance shall be subject to mutual agreement of City and the school district. b. The Development of the commercial portion of the Alberhill Ranch project will produce new jobs and a positive fiscal impact. The commencement of commercial development is conditioned on the availability of utility services and the assurances that the Project may proceed to its conclusion pursuant to the terms and conditions of this Agreement. C. Developer will design and construct a waste water treatment plant with capacity greater than that required just tor the Alberhill Ranch project. d. Developer will design and construct a water distribution system including storage capacity in excess of that required just for the Alberhill Ranch project. -10- l t f e. Developer will design and construct improvements to the circulation system located within the boundaries of Specific Plan No. 89-2, including half-width improvements for Lake Street, Nichols Road and Coal Road. These improvements will provide street capacity in excess of needs generated by the Alberhill Ranch project. The parties acknowledge that additional in-tract and off-tract improvements and associated fees may be required in connection with the subdivision review process occurring in the future; provided, however, such improvements and fees must be expressly authorized by state and local laws and must bear a direct and reasonable relationship in fact to needs, impacts and .burdens .proximately created by .the proposed subdivision. f. Within one ( 1) month after the Effective Date of this Agreement, Developer agrees to pay the sum of $100 ,000 .00 to City ' for the purpose of preparing a report torstudy the needs assessment, economic feasibility and evaluation of potential sites for a possible mixed use cultural/performing arts center , including enclosed theater and open air amphitheater facilities. In the event the actual cost of the report does not exceed $100,000 .00, City shall refund the remaining difference to Developer . The consideration to Developer for the provision of these special amenities which are not otherwise legally required of Developer is the consummation of this Agreement by City. g. In consideration for City ' s entering into this Agreement and the uses permitted herein, Developer agrees to support the annexation to City and further agrees that it will _11- i i I comply with all the conditions of approval during the time this Agreement is in full force and effect . The parties acknowledge that this Agreement by City is a material consideration for Developer ' s acceptance of the conditions of approval as specifically set forth herein. h. Developer shall cooperate to the extent feasible to work with City and the Lake Elsinore Foundation to keep the point of sales tax within the city. i . Developer shall pay to City substantial Development Agreement Fees, as set forth in Section 9 . 5 ( 1) below for municipal capital facilities and improvements and municipal ..public services. 4. PROPERTY COVERED The portion of the Alberhill Ranch property covered - by this Agreement is described in Exhibit "C" attached hereto and incorporated herein by this reference. 5. INTEREST OF CONTRACTING PARTY Developer has a legal and equitable interest in the real property subject to this Agreement and described above in Section 4. 6 . DURATION OF AGREEMENT 6 .1 Scheduling. Pursuant to Government Code Section 65865 . 2, the duration of this Agreement shall be for fifteen ( 15) calendar years from and after the effective date hereof . -12- \{ vim. 1 Construction of the Project covered by this Agreement willbe diligently undertaken following receipt of requisite Development Approvals from City. City and Developer acknowledge that Developer cannot at this time accurately predict the time schedule within which the Project will be developed, except that it will be completed within the aforesaid fifteen (15 ) year period. Such decisions with respect to the rate of Development of the Project will depend upon a number of circumstances not within the control of Developer , including market factors, demand, the state of the economy, and other matters . Therefore, so Long as the Project is constructed in a manner consistent with :City' s .Existing Land .Use Ordinances and Existing Development Approvals and this Agreement, Developer shall have the right to construct the Project at the rate and in the sequence deemed appropriate by Developer within the exercise of its sound business judgment; provided, however, that Developer shall have the vested right to construct a minimum of 745 dwelling units (the "Residential Construction Minimum" ) and 907 , 500 square feet of commercial/industrial buildings ( the "Commercial/Industrial Construction Minimum" ) per year on the Property, subject to increase as hereinafter set forth. The Residential Construction Minimum and the Commercial/Industrial Construction Minimum shall be increased each year by the number of dwelling units or amount of square feet, respectively, equal to any difference between the Residential Construction Minimum and the Commercial/Industrial Construction Minimum for previous years during the term of this Agreement, less the actual number of dwelling units or square -13- III footage of Development constructed in such previous years. It is Developer ' s present reasonable expectation that Development of the Project will be completed within the term of this Agreement. For purposes of this Agreement, completion of the Project shall mean the date on which a certificate of occupancy or comparable instrument is issued for the last improvement or structure constructed pursuant to this Agreement . Following the expiration of the aforesaid fifteen ( 15) year term, this Agreement shall be deemed terminated and of no further force and effect ; provided, however, that such termination shall not affect any right of Developer arising from City entitlements for the Project which were approved prior to, concurrently with or subsequent to the approval of this Agreement. 6. 2 Periodic review. City shall, in accordance with . applicable state law, review this Agreement at least once every twelve (12) months from and after the Effective Date hereof . During each such periodic review, City and Developer shall 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. City' s failure to review at least annually Developer ' s compliance with this Agreement shall not constitute or be asserted by either party as a breach of the other party. 6 .3 Certification of completion,. Promptly upon completion of the Project, City shall provide Developer with an instrument so certifying. This certification shall be a conclusive -14- • determination that the obligation of Developer under this Agreement has been met. The certification shall be in such form as will enable it to be recorded in the Official Records of Riverside County, California. l� 7 . AMENDMENTS Except as otherwise provided herein, this Agreement may be amended in whole or in part only by mutual written consent of the parties and in the manner provided by Government Code Section 65868 . Any minor deviation from this Agreement, as discussed below, does not require an amendment to this Agreement. Upon the written ,request of Developer for a minor amendment I or modification to Specific Plan No. 89-2, including but not limited to the location of buildings, streets and roadways and other physical facilities, or the configuration of the parcels, lots or development areas set forth in the Specific Plan or the subdivision maps, City' s Community Development Director or his/her designee shall determine whether the requested amendment or modification is consistent with this Agreement, the City ' s General Plan, Specific Plan No. 89-2 and applicable provisions of City' s zoning and subdivision ordinances in effect as of the Effective Date of this Agreement. For purposes of this Agreement, the determination whether such amendment or modification is minor shall depend upon whether the amendment or modification is minor in the context of the overall Alberhill Ranch project. If the Community Development Director or his/her designee finds that the proposed amendment is both minor and -15- 42-1 II I ' 1 I consistent with this agreement, City' s General Plan, Specific Plan No. 89-2, and applicable provisions of City ' s zoning and subdivision ordinances, the Community Development Director or his/her designee may approve the proposed amendment without notice and public hearing. For purposes of this Agreement and notwithstanding any City ordinance or resolution to the contrary, lot line adjustments, or building construction or remodeling projects confined within the exterior perimeter of the building footprints shall be deemed minor amendments or modifications. Such amendments or modifications approved pursuant to this section shall not constitute subsequent discretionary approvals : subject to further CEQA review or determination. In the event that Developer ' s request for a minor amendment or modification is denied by the Community Development Director or his/her designee, Developer shall have the right to appeal- such determination to the Planning Commission, and thereafter to the City Council if necessary, in accordance with the City' s applicable appeal i procedures. Upon the approval of any minor amendment or modification as provided above in this section, City shall provide -Developer with an instrument so certifying. The certification shall be in such form as will enable it to be recorded in the Official Records o Riverside County, California. Except as provided above in this section, the amendment or modification of Specific Plan No. 89-2 shall be subject to the applicable substantive and procedural provisions of City' s zoning, subdivision and other applicable land use ordinances in -16- i i effect (1) on the date of the request for the amendment or modification as to changes relating to the permitted uses of the Property and the density and intensity of use, and ( 2 ) on the Effective Date of this Agreement as to all other amendments or modifications . 8 . PERMITTED USES OF PROPERTY The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of the proposed buildings on the property, the design standards for such construction, and provisions for reservation or dedication of land for public purposes are all set forth in Specific Plan No. 89-2 . and are incorporated .herein by this reference. They are the i uses of the Property covered by this Agreement which are specifically permitted by this Agreement and City is bound to permit those uses on the Property. City- agrees to grant and implement Development Approvals for the Project and to grant other land use and construction approvals, subject to the applicable review and conditioning process, including but not a limited to grading permits, building permits, subdivision maps, lot line adjustments, use permits, variances and certificates of occupancy reasonably necessary or desirable to accomplish the goals, objectives , policies and plans shown and described in the Specific Plan No. 89-2 and this Agreement . It is expressly understood that Developer shall have a vested right and be entitled to construct 2, 235 dwelling units and an additional 500 dwelling units in the event of a Specific Plan amendment for a golf course as referenced above in Section 3.3, and approximately -17- I 1 • I 47 acres of Neighborhood Commercial and Highway and Office Commercial uses consisting of 2,722, 500 square feet of buildings. i Multi-family uses may overlay the commercial zones, and commercial uses may overlay the multi-family zones, but in no event shall the total number of dwelling units exceed 2,735 . Multi-family density may be up to thirty ( 30) dwelling units per acre and be constructed up to three ( 3) stories subject to design review, in accordance with the criteria set forth in the Specific Plan or as may be subsequently amended. Developer will provide its fair share of affordable housin, within the multi-family zones of the Specific Plan. If area within the .multi-family zones prove deficient, areas with i Commercial zones shall be utilized. The total number of affordable units in the low and very low income ranges, as determined by the County of Riverside median average, shall be equal to 5% of the total number of residential dwelling units actually constructed by Developer . The affordable mix between low and very low income ranges shall be based on the current Housing Element standards . The affordable housing shall begin construction upon the completion of 50% of the Specific Plan' s 1 total units and shall be completed upon the completion of 75% of the Specific P1an' s total units based on the estimated build-ou City will assist Developer in providing its fair share of affordable housing by providing access to available redevelopment set aside funds . Other economic incentives such as bond assistance, reduction of development standards, etc. , may also be offered at the discretion of City. Developer will be responsible -18- i i for implementing changes that from time to time may occur to City' s Housing Element, where such changes occur on a city-wide equitable basis. The affordable units shall remain in the affordable categories as long as City maintains a regional affordable housing requirement. City further agrees to grant and implement subsequent Development Approvals for the Project related to building . I construction or remodeling confined within the exterior perimeter of the building footprints identified on Specific Plan No. 89-2. Any such building construction or remodeling shall be subject to the maximum height and exterior architectural design specifications set forth in Specific Plan No. 89-2. i I The aforementioned subsequent discretionary approvals shall be granted and approved by City on a timely basis, provided r submitted to City during the applications for such approvals are y g term of this .A reement Developer ' s failure to develop the 9 P Project shall not result in any liability for Developer except as is provided in this Agreement. Notwithstanding any provision herein to the contrary, City agrees that Developer shall have the right to commence grading the Property at any time after the effective date of this Agreement (subject to securing a grading permit) , and that permits will not be denied based on season or date provided that Developer agrees to comply with all required precautions, to use due care in grading activities and to take reasonable steps to prevent erosion, slippage or dangerous runoff conditions. f I i {I I I { I � I I I I 9 . VESTING OF RULES, REGULATIONS AND OFFICIAL POLICIES 9.1 Effective standards. Except as otherwise provided in this Agreement, the written rules, regulations, official policies and conditions of approval (as adopted by ordinance, resolution, minute order or other such official method) governing permitted uses for the Project , development, density and intensity of use, design, improvement, construction and building standards, occupancy and specifications applicable to the Project, and all on-site and off-site improvements and appurtenances in connection therewith, including without limitation the conditions of approval shall be those rules, regulations and official policies ..in force upon the Effective Date of this Agreement which are not i inconsistent with Specific Plan No. 89-2 . 9. 2 No conflicting enactments . Neither City nor an agency G Y Y g Y of City shall enact an ordinance, resolution or other measure which relates to the rate, timing or sequencing of the Development or to the construction of the Project on all or any part of the Property, including but not limited to the development standards therefor, which is in conflict with this Agreement. 9. 3 Initiatives and moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum or otherwise which relates to the rate, timing or sequencing of the Development or construction of the Project on all or any part of the Property, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, or the Existing Development Approvals -20- i 1 I 1 ' to the extent that such ordinance, resolution or other measure is I in conflict with this Agreement. Without limiting the foregoing, City agrees that no moratorium or other limitation (whether or not relating to the rate, timing or sequencing of Development) affecting subdivision maps, building permits or other entitlements to use which are approved or to be approved, issued or granted within City, or portions of City, shall apply to the i Project, the Property or the Existing Development Approvals to the extent it is in conflict with this Agreement. To the maximum E extent permitted by law, City agrees to use its best efforts to prevent any such ordinance, measure, moratorium or other a . limitation. from .invalidating or prevailing over all or any part of this Agreement , and City agrees to cooperate with Developer in a reasonable manner in order to keep this Agreement in full force t an initiative and effect. Cityshall not support or ado , PP P Y { referendum, moratorium, ordinance, policy or take any other action ( including but not limited to the delay or stoppage of the development, processing or construction of the proposed project) which would violate the intent of this Agreement. Developer reserves the right to challenge any such ordinance or other measure in a court of law should it become necessary to protect the development rights vested in the Project and the Property pursuant to this Agreement. 9.4 Subsequent changes in state or federal laws .. This Agreement shall not preclude the application to the Project of any state or federal laws or regulations enacted after the I Effective Date of this Agreement which prevent or preclude -21- , i I i i compliance with one or more provisions of this Agreement pursuant to Government Code Section 65869 . 5. In the event such changes in state or federal law prevent or preclude compliance with one or more provisions of this Agreement, City and Developer shall take such action as may be required pursuant to this Section 9 and i Section 11 of this Agreement. 9 . 5 Fens , conditions and dedications . Developer shall make only those dedications and pay only those fees expressly prescribed in this Agreement, the Existing Development Approvals, and subsequent Development Approvals, provided that such dedications and fees are imposed on a city-wide basis . (1) Filing and processing fees . The filing and processing fees for all Development Approvals for the Project charged by City shall be those fees which are in force and effect i on a city-wide basis at such time building permits are issued. In addition, Developer agrees to pay a special fee ( "Development Agreement Fee" ) for each residential dwelling unit at the time of building permit issuance for municipal capital facilities and improvements and municipal public services, including but not limited to a civic center, police stations, fire stations, libraries, cultural facilities, senior citizen facilities , recreational facilities and corporate yards, in the following manner: (a) For the Project as approved by Specific Plan No. 89-2 and reflected on Exhibit "C" attached hereto, Developer agrees to pay a fee of $3,000 per unit at the time of building permit issuance during the period from the Effective Date of this -22- tit/ i I ' I i Agreement to the fifth anniversary date thereof; a fee of $4,000 per unit at the time of building permit issuance during the period from the fifth anniversary date of the Effective -Date of this Agreement to the tenth anniversary date thereof; and a fee of $5,000 per unit at the time of building permit issuance during the period from the tenth anniversary date of the Effective Date of this Agreement to the expiration date hereof. i (b) For the Project as may be amended by a future amendment to Specific Plan No. 89-2 providing for a golf course and related facilities as described in Section 3 . 3 above, Developer agrees to pay a fee of $1, 000 per unit at the time of building permit issuance during the term of this Agreement; provided, however, that at least 9 holes of the golf course are operational and open to public play by the fifth anniversary date of the Effective Date of this Agreement and that the remaining 9 holes and clubhouse are operational and open to public play/use by the seventh anniversary date of the Effective Date of this Agreement. If either ( i) 9 holes of the golf course are not {, operational and open to public play by the fifth anniversary date of the Effective Date of this Agreement or (ii) the remaining 9 holes of the golf course and the clubhouse are not operational and open to public play/use by the seventh anniversary date of the Effective Date of this Agreement, then the fee shall be $2,000 per unit at the time of building permit issuance for each permit not yet issued for the remaining term of the Agreement following the fifth or seventh anniversary dates, respectively, provided that the entire 18-hole golf course and clubhouse are --23- 41741 I , i I i I I j I operational and open to public play/use by the tenth anniversary date of the Effective Date of this Agreement . If the entire 18- hole golf course and clubhouse are not operational and open to public play/use by the tenth anniversary date of the Effective Date of this Agreement, then the fee shall be $3, 000 per unit at i the time of building permit issuance for each such permit not yet issued for the remaining term of the Agreement . City agrees to provide Developer with a periodic accounting, or upon reasonable request by Developer, setting forth the amount of Development Agreement Fees levied and collected by City and the specific purposes and/or projects for which such fees are ? expended. City agrees in good faith to use its best efforts to locate certain new municipal capital facilities and improvements i on the Property in consultation with and with the consent of Developer . (2) Taxing power . Nothing in this Agreement shall I prohibit the adoption and application of a special tax approved by City' s voters, provided that such tax is imposed on a city- j wide basis. (3) Commercial rent control or office condominium conversion. During the term of this Agreement, City shall not impose or enact any ordinance, regulation, fee or condition wh h directly or indirectly controls or otherwise restricts market forces on commercial or residential rents charged within the { Property, or applies directly or indirectly to the conversion of office or residential rental units to condominiums within the Property. -24- �� i ( 4) Future_ tentative maps, specific plan amendments and development impact fees. Developer will be subject to conditions as a result of tentative map review or specific plan amendments and to any development impact fees that may be adopted by City on a city-wide basis. j 9.6 Life of subdivision mans . Pursuant to Government Code Section 66452 .6(a) , the term of any subdivision maps approved for the Project shall be extended for the term of this Agreement . i 10. EFFECT OF AGREEMENT WHEN RULES CHANGE City' s .rules and regulations governing permitted uses of the ..Property, .its .density, of development, and its design, improvement i and construction standards are those rules and regulation in force at the Effective Date of this Agreement. However , this Agreement does not prevent City in subsequent actions generally I applicable to the Property and other similarly situated real property within City from enacting and imposing changes in City' s uniform building, plumbing, mechanical, electrical and fire 1, codes, providing said changes are (1) necessary to protect the public health and safety and ( 2) not in conflict with the rights conferred by this Agreement. 11. COOPERATION AND COVENANT OF. FURTHER ASSURANCES 11.1 Third party actions . Developer and City shall cooperate in defending any action or proceeding instituted by any third party challenging the validity of any provision of this Agreement or any action taken or decision made hereunder . -25- I i4 l I � i i i I Developer agrees to assume the lead role in the defense of any such action or proceeding so as to minimize litigation expenses incurred by City. In addition, any court action or proceeding brought by any third party to challenge this Agreement or any i i other permit or approval required from City or any other governmental entity for Development or construction of all or any portion of the Project covered by this Agreement shall constitute a permitted delay under Section 12. Notwithstanding the foregoing, the filing of any third party litigation against City and/or Developer relating to this Agreement or any provision thereof shall not be a reason to delay or stop the Development, _ processing, or .construction of the Project ( including but not .limited to the issuance of building permits or certificates of occupancy) unless the third party obtains a court order j preventing the activity. City will not stipulate to the issuance of any such court order. 11. 2 Further assurances. Each party covenants on behalf of itself and its successors and assigns to take all actions and do all things, and to execute with acknowledgments or affidavits if required any and all documents and writings that may be necessary or proper to achieve the purposes and objective of this Agreement. Each party shall take all necessary measures to see that the provisions of this Agreement are carried out in full. 11. 3 Processing. If necessary or required, upon i satisfactory completion by Developer of all required preliminary actions and payments of appropriate filing and processing fees, if any, City shall use its best efforts to promptly commence and -26- i r diligently proceed to complete all steps required or necessary for the implementation of this Agreement and the Development by Developer of the Project in accordance with the Existing Development approvals, including but not limited to the following: l (1) The City Council shall instruct City' s Planning {, Department, City' s Planning Commission and all other relevant agencies of City which are affected or may be affected use their best efforts to diligently process any and all Development Approvals necessary for Developer to obtain all necessary permits to begin and complete construction of the Project. ( 2) City .shall use its best efforts to schedule, i convene and conclude all required public hearings in a diligent manner consistent with applicable laws and regulations in force i as of the Effective Date of this Agreement. ( 3) City shall use its best efforts to process and i approve in a diligent manner, all maps, plans , land use permits, building plans and specifications and other applications for Development Approvals relating to the Development of the Project, filed by Developer , including but not limited to all General Plan and Specific Plan amendments, zoning, final development plans, tentative maps, parcel maps, final maps, resubdivisions, amendments to maps, subdivision improvement agreements, lot line adjustments, encroachments, grading and building permits , variances, use permits and related matters as necessary for the completion of the development of all lots and parcels comprising the Project, to the extent permitted by law. -27- i i r� i i i ( 4) City will use its best efforts to maximize the amount of acreage which is released for grading and allocated to City pursuant to the Riverside County Short-Term Habitat Conservation Plan for the Stephens Kangaroo Rat and will take 4 such steps as may be necessary or appropriate from time to time to secure such maximum allocation. ( 5) Developer agrees to process such -3ermits as may be ' necessary for its golf course plan with the U.S. Army Corps of Engineers , U.S. Fish and Wildlife Service and California Department of Fish and Game in an expeditious manner and to report monthly to City on the progress of same. Developer will use its best efforts to timely provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder and cause Developer ' s planners-, engineers and all other '' consultants to submit in a timely manner all required materials and documents therefor . It is the express intent of Developer and City to cooperate and diligently work to implement any General Plan amendment, zoning, final Development plan and/or other land use, grading or building permits or approvals which are necessary or desirable in connection with the development of the Project in substantial conformance with this Agreement . 11.4 Other governmental permits. In addition, Developer shall apply in a timely manner for such other permits and approvals as are required by other governmental agencies having a jurisdiction over the Project in connection with the development of, or provision of services to, the Project. City shall -28- i I ' I cooperate with and use its best efforts to assist Developer in coordinating the implementation of the Project with such other governmental agencies and in obtaining permits, approvals and services from those agencies as may be necessary to implement the Project. I 11. 5 . Financing of public facilities and/or services . City and Developer shall in good faith use their best efforts to establish one or more community facilities districts (pursuant to the Mello-Roos Community Facilities Act of 1982 as set forth in Government Code Section 53311 et sec . ) and such other assessment, improvement or maintenance distracts, as may be appropriate, for i the purpose of funding the planning, design, construction and maintenance of public facilities, including related fees ( including those referenced above in Section 9 . 5) and the acquisition of land therefor, and/or the provision of public services for the Project. The parties expect that bonds, assessments, liens or other such financing devices would be issued or levied to provide sufficient funds for the above- mentioned purpose. City and Developer agree that the proportion of assessed real property value allocated to real property taxes and aggregate debt service may go up to but shall not exceed two percent ( 20) , and City shall take no action to limit such allocation to less than two percent ( 2%) . City acknowledges that completion of proceedings to establish one or more public financing districts as discussed above is critical to provide the parties with security for performance by Developer of its obligation to commence and complete construction of major -29- <VI� i I I infrastructure. To the extent that the infrastructure required by City to be constructed by Developer is in excess of the needs and demands of the Project and will be utilized by future developments, City agrees to use its best efforts to cause such future developments to contribute to the costs of the i infrastructure ( including but not limited to the formation of an assessment district) and, from such funds, cause appropriate reimbursement payment(s) , including interest at the legal rate, to be made to Developer after first reimbursing the public financing district to the extent district funds were expended construct the infrastructure. Developer understands that 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 by City to be funded through said Authority. 11. 6 Utilities coordination. * City shall use its best efforts to assist Developer in obtaining all electrical, gas, telephone and other necessary utility connections required by the Project. Within a reasonable time after request therefor by Developer, City shall approve all connection and access points for such utilities if in compliance with all applicable ordinances, . rules and regulations . 11.7 Covenant of good faith and fair_dealing. Except as may be required by law, neither party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the specified and described benefits of this Agreement, each party shall refrain from doing anything -30- r � I which would render its performance under this Agreement impossible or impractical; and each party shall do everything which this agreement describes that such party shall do. 12. PERMITTED DELAYS i Developer shall be excused from performance of its obligations hereunder during any period of delay caused by acts i of God or civil commotion; riots, strikes, picketing, or other labor disputes; unavoidable shortage of materials or supplies; damage to work in progress by reason of fire, flood, earthquake or other casualty; litigation; initiatives or referenda; . .....moratoria; acts or neglect of City; or unanticipated restrictions imposed or mandated by other governmental entities . Each party shall promptly notify the other party of any delay hereunder as I soon as possible after the same has been ascertained, and the term of this Agreement shall be extended by the period of any . such delay. 13 . ESTOPPEL CERTIFICATES Either party may at any time, and from time to time deliver written notice to the other party requesting the other party certify in writing that to the knowledge of the certifying party: (1) this Agreement is in full force and effect and is a binding obligation of the parties; ( 2) this Agreement has not been amended or modified, and, if so amended or modified, to identify the relevant documents; and ( 3) no default in the performance of the requesting party' s obligations under this Agreement exists -31- i i i t I i or, if in default, the nature of any default. A party receiving a request hereunder shall execute and return the certificate within thirty (30) days following the receipt thereof . h 14. RECORDATION BY CITY CLERK Pursuant to Government Code Section 65868. 5, within ten ( 10 ) days of City' s execution of this Agreement the City Clerk shall record a copy with the Riverside County Recorder . Thereafter, j the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 15. DEFAULT 15 . 1 Events of default. Subject to any written extension of time by mutual consent of the parties, and subject to the provisions of Section 12 regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute default if such defaulting party 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 default is such that it cannot be cured within thirty (30 ) days, the commencement of a cure within suer period and the diligent prosecution to completion of the cure shall be deemed to be a cure within such period. Any notice of default given hereunder shall specify in detail the nature of the alleged default and the manner in which such default may be satisfactorily , cured in accordance with the terms and conditions -32- of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged with such failure of performance shall 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, or for purposes of issuance of any building or grading permit with respect to the Project (provided that failure of performance is unrelated to the entitlement to obtain such permit) . 15 . 2 Remedies . Upon the occurrence of default under this section and the expiration of any applicable cure period, the non-defaulting party shall have such rights and remedies against the .defaulting party as it may have at law or in equity, including but not limited to the right to terminate this Agreement. 15 .3 No waiver . Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party' s right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to, take any action with respect to such default. No express written waiver of any default shall affect any other default, or cover any other, period of time except that specified in such express waiver . 15 . 4 Effect of termination. Termination of this Agreement by one party due to the other party' s default shall not affect any right or duty emanating from City entitlements or approvals --3 3-- i t i on the Project, but the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of such termination. If City terminates this Agreement because of Developer ' s default, City shall retain any and all benefits including money or land received by City hereunder . If Developer terminates this Agreement because of City' s default, Developer shall be entitled to a return or a refund of all unused benefits and exactions paid, given or dedicated to City pursuant to this Agreement. 16. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE In addition to specific provisions of this Agreement , performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war , insurrection, strikes, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, litigation, referenda, initiatives, moratoria, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting City, county, state or federal laws or regulations, judicial decisions, or similar basis for excused performance which is not within the reasonable control of the party to be excused. If written notice of such delay is given to either party within thirty ( 30) days f the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced i delay, or longer as may be mutually agreed upon. -34- I i { I s 17 . APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of the State of California. 18. NO JOINT VENTURE OR PARTNERSHIP City and Developer hereby renounce the existence of any form of joint venture or partnership between City and Developer , and 1 expressly agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners. It is understood that I the contractual relationship between City and Developer is such that Developer .is an independent contractor and not an agent of City. Furthermore, this Agreement is not intended, or shall it be construed, to create any third party beneficiary rights in any person who is not a party to this Agreement. 19 . ADDRESSES FOR NOTICES Any notice sent to either party under this Agreement shall be in writing and shall be given by delivering the same to such party in person or by sending the same by registered mail, return i receipt, with postage prepaid, to the following addresses: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92330 Attn: City Manager i Brighton Alberhill Associates 505 North Tustin Avenue Suite 250 Santa Ana, CA 92705 Attn: Mr . Todd Cunningham -35- I I 1 { I 20 . COVENANTS RUNNING WITH THE LAND All of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective successors and assigns, and all other persons or entities acquiring all or any portion of the Property, and shall inure to the benefit of such parties and their respective successors and assigns. All the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with^, the land pursuant to applicable law, including but not limited to California Civil Code Section 146f Each covenant to do or refrain from doing some act on the property covered by .this Agreement is for the benefit of such property and is a burden upon such property, runs with such property and is binding upon each party and each successive owner during its ownership of such property or any portion thereof, and shall benefit each party and its property hereunder, and each other party succeeding to an interest in such property. Notwithstanding the foregoing, upon the sale or lease for more 1 than one year of a dwelling unit or office or commercial or industrial space by Developer to a member of the public, but not upon the bulk sale thereof to any person or entity for resale to the public, such residential unit or office, commercial or industrial space shall be automatically released from the terms, provisions, covenants and obligations of this Agreement without 1 the necessity of executing or recording any specific instrument of release. 1 -36- i 21. EFFECT OF AGREEMENT City and Developer agree that unless this Agreement is amended or terminated pursuant to its provisions, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted in any General Plan • I amendment, Specific Plan, zoning ordinance, subdivision f ordinance, or any other land use ordinances or building ordinances, resolutions or other rules, regulations or policies i of City which change, alter or amend the rules, regulations and policies applicable to the Development of the Project as of the i Effective Date of this Agreement as provided by Government Code .Section 65866. This Agreement shall not prevent the City from taking subsequent actions applicable to the project from applying new rules, regulations and policies which ( 1) are necessary to protect the public health and safety, ( 2) are not directly or indirectly in conflict with those rules, regulations, policies applicable to the Project as set forth herein, and ( 3) do not prevent or materially frustrate the Development of the Project as contemplated herein. 22. CONSISTENCY FINDING By approving and executing this Agreement, City finds that its provisions are consistent with City' s General Plan and with Specific Plan No. 89--2, and City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of City' s residents, property owners and taxpayers . -37- I i I 23. TERMS OF CONSTRUCTION 23 .1 Severability. If any term, provisions, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall 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. 23. 2 Entire agreement . This written Agreement contains all the representations and the entire agreement between City and Developer . - Any prior correspondence, memoranda, agreements, warranties or representations are superseded _in total by this Agreement. This Agreement shall be construed as a whole according to its common meaning and not strictly for or against any party in order to achieve the objectives and purposes of the parties hereunder. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutered I genders. "Shall" is mandatory and "may" is permissive. 23 . 3 Signature pages. For convenience, the signatures of the parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement , shall constitute this document as one complete Agreement . 23. 4 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. i -38- �ti i t 1 f 24. CONSENT OF OTHER PARTIES Developer may, at its discretion, elect to have other holders of legal, equitable or beneficial interests in the j Project, the Property or portions thereof, acknowledge and consent to the execution and recordation of this Agreement by I executing an appropriate instrument therefor . It is understood by the parties that the execution of such document by other i holders of legal, equitable, or beneficial interest in the Project is not a condition precedent to this Agreement. 25. ASSIGNMENT AND NOTICE Developer shall have .the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in Project, the Property or portions thereof, including but not limited to purchasers or long-term ground lessees of individual lots, parcels, or of any of the buildings located within the Project. Developer shall give prior written notice to the City of its intention to assign or transfer any of its interest , rights or obligations under this Agreement. Any failure by Developer to provide said notice shall be curable in accordance with the provisions of Section 15 hereof. The express assumption of any of Developer ' s obligations under this Agreement by its assignee or transferee shall thereby relieve Developer of any further obligations under this Agreement. Notwithstanding the foregoing, Developer shall have no obligation whatsoever to provide said notice when it intends to assign an interest in this : -39- Gi� i Agreement in connection with a conveyance or transfer to a bank j or other financial institution or corporation for financing purposes of an equitable interest in the Project and/or the Property whether by means of a deed of trust or other instrument. 26. ENCUMBRANCES AND RELEASES ON REAL PROPERTY j 26. 1 Discretion to encumber . The parties hereto agree that this Agreement shall not prevent or limit Developer in any manner, at Developer ' s sole discretion, from encumbering the subject real Property or any portion of any improvement thereo by any mortgage, deed of trust or other security device securing financing with .respect to the Property. City acknowledges that the lenders providing such financing may require certain modifications and City agrees, upon request, frond• time to time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for modification. 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 Agreement. 26. 2 Entitlement to written notice of default . The mortgagee of a mortgage or beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested notice in writing received by City, shall be entitled to receive written notification from city of any default by Developer in the i performance of Developer ' s obligations under this Agreement which -40- is not cured within thirty ( 30) days . 26.3 Property subject to pro rataclaims . Any mortgagee who comes into possession of the property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to any pro rata claims for payments or charges against the Property, or part thereof secured by such mortgage which accrue prior to the time such mortgagee comes into possession of the Property or part thereof. 26.4 Releases . City hereby covenants and agrees that upon completion of the public improvements and payment of all fees .— required under this Agreement .with: respect to the Property, or any portion thereof, City shall execute and deliver to the I Riverside County Recorder appropriate release or releases of I further obligations in form and substance acceptable to the County Recorder or as may otherwise be necessary to effect such release. ' 1 27 . OPERATING MEMORANDA The parties acknowledge that from time to time it may be in the mutual interest of the parties that certain details relative to performance of this Agreement be refined. Therefor , to the extent allowable by law, the parties -retain a certain degree of flexibility with respect to those provisions covered in general ' under this Agreement which do not relate to the term, permitted uses, density or intensity of use, height or size of buildings, i provisions for reservation and dedication of land, timing, rate -41- ��I I i 4 I or sequence of development, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, development of public improvements or monetary contributions by I Developer or any conditions or covenants relating to the use of the Property. When and if the parties find it necessary or I appropriate to make changes or adjustments to such provisions, l they shall effectuate changes or adjustments through operating memoranda in recordable form approved by the parties in writing which reference this Section 27 . For purposes of this Section 27, the City Manager or his/her designee upon report to and approval by the City Council, shall have the authority to approve 1 the operating memoranda on behalf of City. No operating memoranda shall require notice or hearing or shall be deemed to constitute an amendment to his Agreement. 28. INSTITUTION OF LEGAL ACTION. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein or 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 shall be entitled to recover reasonable litigation expenses, attorneys ' fees and costs incurred. It is understood between the parties that in the event a breach of this Agreement by City occurs, irreparable harm is likely to occur to Developer and damages may be an inadequate -42- - t i remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Agreement by Developer is a proper and desirable remedy in addition to any and all other remedies which may be available to Developer under law or at equity. i 29. INSURANCE. Developer agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for � I damage or claims for damage, for personal injury including death and claims for property damage which may arise out of the direct I or..indirect .operation. of. Developer. or .those of their .contractors, subcontractors, agents, employees or other persons acting on their behalf which relate to the Project. Developer agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Developer ' s activities in connection with 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 paragraph, regardless of whether or not the City prepared, supplied, or I i approved plans or specifications or both for the Project and k regardless of whether or not the insurance policies referred to t below are applicable. Before beginning work on the Project, Developer shall obtain the insurance required under this paragraph and receive the -43- i I I t { E f approval of City Attorney as to form, content, amount and carrier. Developer shall maintain the insurance during the term of this Development Agreement . The insurance shall extend to City, its elective and appointive boards, commissions , officers, agents, employees and representatives and to Developer and each i contractor and subcontractor performing work on the Property: 29 .1 ComTensation Insurance. Developer shall maintain Workers Compensation Insurance for all persons employed at the site of Project . Developer shall require each contractor and subcontractor similarly to provide Workers Compensation Insura for their respective employees. Developer agrees to indemnify ..City for .damage..resulting _ from the failure to take out and maintain such insurance. 29. 2 Public Liability and Property Damage „Insurance. Developer shall maintain public liability insurance in an amount not less than One Million Dollars ($1, 000 ,000 .00) for injuries (including death) to any one person and in an amount not less than One Million Dollars ($1,000, 000 . 00) on account of any one occurrence; and property damage insurance in an amount not less than One Hundred Thousand Dollars ($100, 000 . 00) for damage to the property of each person on account of any one occurrence. Developer shall furnish City before beginning work on the i Project with a Certificate of Insurance constituting satisfactory evidence of the insurance required and providing that each i i -44- I i i f • I I � I carrier is required to give City at least ten ( 10) days prior written notice by certified mail of the cancellation or reduction in coverage of any insurance. DEVELOPER: BRIGHTON ALBERHILL ASSOCIATES, a California general artnership By: Ge ra tner 3 CITY: CITY OF LAKE ELSINORE, a municipial corporation and political subdiv';sion of the State of Califo is By: �l C l May A TEJ�l VlkA0 A NA ST: (-\Y City C1er k F If I k 1 -45- i i l l STATE OF CALIFORNIA ) ss. COUNTY OF ) On this /7;"l` day of y__ ___ _, 1990, before me the i undersigned, a Not Public in and for said State, personally appeared T_v� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the General. Partner of Brighton Alberhill Associates. .... • OFF OML SEAAL WITNESS my hand and official seal . JMHUEFTLE GRANGE COUNTTYY� ti ,••• W COM Exp.Oet 4,1992 otary ublic STATE OF CALIFORNIA ) i . COUNTY -OF RIVERSIDE ) On this 11th day of July , 1990, before me the undersigned, a Notary Public in and for said State, personally appeared Gary M. Washburn , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the Mayor of the City of Lake Elsinore, California, and acknowledged to me that said City of Lake Elsinore, California executed it . WITNESS my hand and official seal . Atjw illy rj . i Notary Public Iry OFFICIAL SEAL �a ADRIA UEE BRYNING NOTARY PUBLIC-CALIFORNIA 8/066/012051/0001/006 ��t,, l RIVEP.SIAE DDUIyTY ex" es h"7 3, ID03 I i I 1 a -46- 41Z� t t a w � A p x V p N N w+ n `u CCS Ox rL ,1 O Fzz Sj yJ OWIT d� o\\•'�BlY uY ,`l Uq tlw as `�\ Ayv tj �E � �y �oy �Ny N „ ` •1 J,uf . u^.� V�ly �y •av ...............................,.—..�,. n. .. ..... m is EXHTBTT A 94_ OMM Oil iI� � ��aN� 1 4 • 1� (C 'ewe.��i� �,7 • 4 M I % gqA �I i XliftSM Sil r r ty L� A(g§ ��.' `� fif14. .n�1 / �iMri i1 `��_A�F f/:i��ji.��,►�y � rii ,.`►q',4R;9�t��t /Alto O i I R AW-1!!%�n Iva Y' R W W > - .. O v �Y \ow LLj- H 0C W � � rY ! 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"° A EXHIBIT C e7' I i i i I 1 I 4 � i ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH PARDEE- GROSSMAN/COTTONWOOD CANYON. , WHEREAS, the Planning Commission of the City of Lake j Elsinore held a duly noticed public hearing on a proposed Development Agreement between the City of Lake Elsinore and Pardee-Grossman/Cottonwood Canyon on March 14, 1990, and found that the Development Agreement is consistent with the City's General Plan; and 1 WHEREAS, the City Council of the City of Lake Elsinore held a duly noticed public hearing on the Development Agreement on April 24 , 1990, and found that (1) the Development Agreement is consistent with the City' s General Plan and the Pardee-Grossman/Cottonwood Canyon and (2) the previously certified environmental impact report prepared for the Cottonwood Canyon 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 Pardee-Grossman/Cottonwood Canyon, 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 8 th day of . May- ., 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 22ndday of May, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Ga y M. Washburn, Mayor ty of Lake Elsinore ATTEST: Vicki I,�nn Kasad, City Clerk City of La a Elsinore APPROVED AS TO FORM AND LEGALITY: 4��,k kL �,, John R. H rper� C ty Attorney City of Lake E s ore' f f I E i 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 had its first reading on May 8, 1990, and had its second reading on May 22 , 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNN KASAD, CITY CLERK CITY OF LA E 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. 891 of said Council, and that the same has not been amended or repealed. DATED: May 23 , 1990 iVICKI LYN KASAD, CITY C ERK OF LA E ELSINORE (SEAL) DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PARDEE-GROSSMAN/COTTONWOOD CANYON i I I• i TABLE OF CONTENTS DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE { AND PARDEE-GROSSMAN/COTTONWOOD CANYON { Page No. 1. PARTIES AND DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 1 4 2 . RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 . 1 Developer's Interest in Property. . . . . . . . . . 1 2 .2 Development Agreement Fee. . . . . . . . . . . . . . . . . 1 2 . 3 Environmental Report. . . . . . . . . . . . . . . . . . . . . . 2 2 . 4 Development Approvals. . . . . . . . . . . . . . . . . . . . . 2 2 . 5 Approval of Development Agreement. . . . . . . . . 2 2 . 6 Legal Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 .7 Consideration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 . DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 . PROPERTY COVERED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. INTEREST OF DEVELOPER. . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. DURATION OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. 1 Effective Date and Term. . . . . . . . . . . . . . . . . . . 9 6.2 Scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. 3 Periodic Review. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. 4 Certification of Completion. . . . . . . . . . . . . . . 12 7 . VESTED RIGHT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 . 1 Acknowledgment of Vested Right. . . . . . . . . . . . 12 7 . 2 No Conflicting Enactments. . . . . . . . . . . . . . . . . 13 7. 3 Intent of Parties. . . . . . . . . . . . . . . . . . . . . . . . . 13 [Revised 5-7--90] i i i i 8 . GENERAL DEVELOPMENT OF THE PROJECT. . . . . . . . . . . . . 14 8. 1 Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8.2 Phasing of Developments. . . . . . . . . . . . . . . . . . . 15 8.3 Reservations or Dedications. . . . . . . . . . . . . . . 15 8 .4 Administrative Changes and Amendments. . . . . 16 9. RULES, REGULATIONS AND OFFICIAL POLICIES. . . . . . . 17 9 . 1 Effect of Agreement on Land Use Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9. 2 Modified Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9. 3 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9. 4 Comparative Evaluation. . . . . . . . . . . . . . . . . . . . 21 9. 5 Subsequent Actions and Approvals. . . . . . . . . . 21 9. 6 State and Federal Laws. . . . . . . . . . . . . . . . . . . . 21 9.7 Unforeseen Circumstances. . . . . . . . . . . . . . . . 23 10. COOPERATION AND COVENANT OF FURTHER ASSURANCES. 24 10. 1 Third Party Actions. . . . . . . . . . . . . . . . . . . . . . . 24 10. 2 Further Assurances. . . . . . . . . . . . . . . . . . . . . . . . 25 10.3 Processing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10.4 Governmental Permits. . . . . . . . . . . . . . . . . . . . . . 26 10.5 Financing of Public Facilities and/or Services. . . . . . . . . . . . . . . . . . . . . . . . . . 26 10. 6 Utilities Coordination. . . . . . . . . . . . . . . . . . . . 28 10. 7 Covenant of Good Faith and Fair Dealing.. . . 28 10. 8 Stephens Kangaroo Rat. . . . . . . . . . . . . . . . . . . . . 28 11. PERMITTED DELAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 12 . ESTOPPEL CERTIFICATES. . . . . . . . . . . . . . . . . . . . . . . . . . 29 13 . RECORDATION BY CITY CLERK. . . . . . . . . . . . . . . . . . . . . . 30 14 . DEFAULT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14 . 1 Events of Default. . . . . . . . . . . . . . . . . . . . . . . . . 30 14 .2 Default by City. . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14 . 3 No Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14 .4 Effect of Termination. . . . . . . . . . . . . . . . . . . . . 32 15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 16. APPLICABLE LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 17. NO JOINT VENTURE OR PARTNERSHIP. . . . . . . . . . . . . . . . 33 18. ADDRESSES FOR NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . 34 [Revised 5--7-90] ii 19. ASSIGNMENT AND NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . 35 20. ENCUMBRANCES AND RELEASES OF REAL PROPERTY. . . . . 36 20. 1 Discretion to Encumber. . . . . . . . . . . . . . . . . . . . 36 20.2 Subordination to Liens and Conveyances. . . . 37 20. 3 Entitlement to Written Notice of Default. . 37 21. AFFORDABLE HOUSING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 22 . CONSISTENCY FINDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 23 . CONSENT OF OTHER PARTIES. . . . . . . . . . . . . . . . . . . . . . . 38 24 . RELEASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 25. OPERATING MEMORANDA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 l 26. INSTITUTION OF LEGAL ACTION. . . . . . . . . . . . . . . . . . . . 40 27. INDEMNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 28 . INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 29 . TERMS AND CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 42 29. 1 Entire Agreement— , . . . . . . . . . . . . . . . . . . . . 42 29. 2 Signature Pages—.— . . . . . . . . . . . . . . . . . . . . . 42 29.3 Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 EXHIBITS EXHIBIT A: Legal description of the Property EXHIBIT B: City ordinance adopting Specific Plan EXHIBIT C: City ordinance adopting General Plan amendment EXHIBIT D: Conditions of Approval for Specific Plan 88-1 (Cottonwood Hills) EXHIBIT E: Addendum Re: Implementation of Conditions [Revised 5-7-90] iii f 1 DEVELOPMENT AGREEMENT BETWEEN 2 THE CITY OF LAKE ELSINORE 3 AND PARDEE-GROSSMAN COTTONWOOD CANYON 4 5 1. PARTIES AND DATE 6 The parties to this Development Agreement ("Agreement") are 7 the City of Lake Elsinore, California, a municipal corporation 8 and political subdivision of the State of California ("City") , 9 and PARDEE-GROSSMAN/COTTONWOOD CANYON, a general partnership 10 organized and existing under the laws of the State of California 11 ("Developer") . The project to which this Agreement applies is 12 commonly known as Cottonwood Hills. This Agreement is made and 13 entered into on July 9 , 1990 with reference to the following 14 facts: 15 16 2 . RECITALS 17 2 . 1 Developer's-Interest in Property. Developer has an 18 option to purchase certain real property located in the County of 19 Riverside, California, more particularly described in Exhibit 20 ,A," attached hereto and incorporated herein b reference "the P Y ( 21 Property") . Developer has an equitable interest in the Property. 22 The Property constitutes approximately 1, 968 .7 acres of 23 undeveloped land in the western portion of Riverside County. The 24 Property is located between Interstates 15 and 215. 25 2 .2 Development Agreement Fee. Developer has agreed to pay 26 City a development agreement fee equal to $2 , 000 times the number 27 of residential building permits to be issued to Developer under 28 •' i this Agreement, subject to the credits set forth in this section. 002P3BDA.010 1 [5-9-90] it 1 1 Developer has agreed to undertake responsibility for construction 2 of Railroad Canyon Road as set forth in this Agreement. City 3 acknowledges that the value to City for such undertaking is at 4 least $1, 000 times the number of residential building permits to 5 be issued to Developer under this Agreement. City agrees 6 therefore that Developer is entitled to a credit against the 7 $2, 000 per residential building permit fee of $1, 000 per i 8 residential building permit. In light of the foregoing, the 9 parties agree that Developer will pay a development agreement fee 10 to City of $1, o04 per residential building permit issued pursuant 11 to this Agreement. Said fee shall be paid at the time of issuance 12 of each building permit. k 13 2 . 3 Environmental Report. An Environmental Impact Report k 14 has been submitted to City in connection with the Specific Plan, 15 General Plan amendment, sphere amendment, City annexation, and 16 Phase 1 Vesting Tentative Map applications. 17 2 .4 Development- Anprovals. Developer submitted and City 18 considered and approved a Specific Plan covering all of the 19 Property. The Specific Plan addresses conformance with General 20 Plan policies and objectives and provided the basis for a General 21 Plan amendment enacted by the City. The Specific Plan includes 22 prezoning for the Property and provision for municipal services. 23 On March 14 , 1989, the City Council adopted the Cottonwood Hills 24 Specific Plan (S.P. 88-1) by duly enacted ordinance and adopted 25 Conditions of Approval for Specific Plan 88-1 (Cottonwood Hills) . 26 On March 14, 1989, the City Council also enacted an amendment to 27 the General Plan consistent with the Specific Plan. Copies of 28 the resolutions of the City Council adopting the Specific Plan 002P3BDA.010 2 (5-9-901 i I 1 and the General Plan amendment are attached hereto as Exhibits 2 "B" and "C." A copy of the Conditions of Approval For Specific 3 Plan 88-1 (Cottonwood Hills) is attached hereto as Exhibit "D. " 4 Developer has submitted a Vesting Tentative Map for Phase 1 of 5 the Specific Plan which was approved by the City. 6 2.5 Annroval of Development Agreement. On April 5 , 7 1990, the Planning Commission of City, after giving notice 8 pursuant to Government Code sections 65854 , 65854 .5, 65856, and 9 section 17.92.020 of the City of Lake Elsinore Municipal Code 10 held a public hearing on the application for this Development 11 Agreement. The City Council of City, after providing public 12 notice as required by law, similarly held a public hearing on 13 —April 24 _ 1990. On May 22 1990, the City 14 Council of City adopted Ordinance No. _ gg� approving the 15 Development Agreement with Developer and the Ordinance thereafter 16 took effect on June 22 1990 i . 17 2 . 6 Legal Authority. California Government Code Sections 18 65864 et serf. authorize City to enter into binding development 19 agreements in connection with the development of real property 20 within City. This Agreement is made and entered into pursuant to 21 those provisions of state law and local regulations. 22 2 .7 Consideration. 23 (a) Constructing the Cottonwood Hills project pursuant ` 24 to City's Approved Specific Plan will require major investment by 25 Developer in public facilities and on-site and off-site `. 26 improvements. The Development has been analyzed and reviewed by "27 City as part of its process of granting development approvals in 28 light of the enacted land use standards and policies of City 002P3BDA.010 3 [5-9-901 I { 1 embodied in its Existing Land Use Ordinances and pursuant to state 2 law, including but not limited to CEQA. City has determined that 3 entry into this Agreement will further the goals and objectives of 4 City's land use planning policies by eliminating uncertainty in 5 planning for the orderly Development of the Project so that 6 adequate long term plans regarding the provision of necessary 7 infrastructure for existing and future City residents can be i 8 ; developed and implemented. Further, the maximum effective 9. utilization of resources within City will be pursued at the least 10 economic cost to its citizens. City acknowledges that the Project 11 is and shall be considered a single, integrated development 12 project, that each phase of the Project is dependent upon the 13 completion and occupancy of each other phase, and that the 14 viability of each phase of the Project is and shall be dependent 15 upon the completion and occupancy of each other phase and the full 16 performance of this Agreement. The benefits conferred by 17 Developer herein will facilitate the installation of certain vital 18 public improvements and will help increase traffic capacity for 19 the road system of City, both of which will significantly promote 20 the health, safety and general welfare of existing and future City 21 residents. 22 (b) In exchange for these benefits to City and its 23 residents, City desires to make a commitment to Developer that 24 Developer may proceed to develop the Project in accordance with 25 Existing Land Use Ordinances, and its existing financial and 26 contractual commitments, and at a rate of development of its 27 choosing, subject to the terms and conditions contained in this 28 Agreement. The assurances provided by City and Developer to each i i 002P3BDA-010 4 [5-9-901 I 1 other herein and provided pursuant to and as contemplated by 2 statute, were bargained for and given in consideration for the 3 undertakings of the parties, and are intended to be and have bee] 4 relied upon by the parties to their detriment. 5 (c) City and Developer agree that the amenities and 6 improvements being provided by Developer and others as part of the 7 planning, financing and construction of the project will result in 8 substantial general public benefit. A description of those 9 amenities and improvements is set forth in the Specific Plan, ' 14 General Plan Amendment, and Conditions of Approval. 11 (d) Because of the complexities of financing an urban 12 infrastructure, certainty in the development process is an 13 absolute necessity. The phasing, timing and development of public 14 infrastructure including community parks, fire station, roads, 15 signals, neighborhood parks, sewer and water facilities, other 16 utilities, and open space maintenance necessitates a significant 17 commitment of resources, planning and effort by Developer in order 18 for the public facilities financing to be successfully completed. 19 Accordingly, City desires to make a commitment for certainty in 24 the development process. 21 (e) City acknowledges that Developer would not enter 22 into this Agreement, and would not consent to annexation of the 23 Property by City, or agree to provide the public benefits and '24 improvements described in this Agreement (which exceed the public 25 improvements Developer would be required to provide as part of the 26 normal subdivision process) , if it were not for the agreement of :27 City that the Property can be developed in accordance with 28 Existing Land Use Ordinances throughout the term of this Agreeme 002P3BDA.010 5 [5-9-90] { 1 and the commitment of City in good faith to pursue public 2 infrastructure financing. 3 (f) City acknowledges that it would not be economically 4 feasible for Developer or any other developer to develop the 5 Property and incur the obligations required, pursuant to this 6 Agreement without having the assurances as provided herein that 7 Developer will be able to develop the Property consistent with the , 8 Specific Plan submitted by Developer and the terms hereof. 9 (g) In consideration for City's entering into this k 10 Agreement and the uses permitted herein, Developer agrees that it 11 will comply with all the Conditions of Approval during the time 12 this Agreement is in full force and effect. The parties 13 acknowledge that this Agreement is a material consideration for 14 Developer's acceptance of the Conditions of Approval. 15 16 3 . DEFINITIONS 17 3 . 1 "Agreement" means this Development Agreement made and 18 entered into by and between the City and Developer in accordance 19 with applicable state laws and local regulations. 20 3 .2 "CEQA" means the California Environmental Quality Act of 21 1970 (California Public Resources Code Section 21000 et seer. ) and 22 the State CEQA Guidelines (California Code of Regulations, Title 23 14, Section 15000 et seg. ) . 24 3 . 3 "City" means the City of Lake Elsinore, including its 25 officials, officers, employees, commissions, committees and 26 boards. 27 3 . 4 "City Council" means the duly elected City Council of ' 28 the City of Lake Elsinore. f � 002p3BDA.010 6 [5-9-901 i i 1 3 . 5 "Developer" means PARDEE-GROSSMAN/COTTONWOOD CANYON and 2 its successors in interest to all or any part of the Property. 3 3. 6 "Development" means the improvement of the Property foi 4 the purposes of constructing and otherwise effecting the 5 structures, improvements and facilities comprising the Project as 6 set forth in this Agreement, including but not limited to grading, 7 the construction of infrastructure and public facilities related 8 to the Project (whether located within or outside the Property) , 9 the construction of structures and buildings and the installation 10 of landscaping. 11 3 .7 "Development Approval (s) " means the Specific Plan, 12 General Plan Amendment, and Conditions of Approval as in effect on 13 the date of this Agreement. 14 3 . 8 "Effective Date" means the date described in Section 6. 1 15 of this Agreement. 16 3 .9 "EIR" means an environmental impact report prepared in 17 accordance with the provisions of CEQA. 18 3. 10 "Existing Land Use Ordinances" means the Specific Plan, 19 as in effect on the date of this Agreement, and, to the extent 20 applicable and not inconsistent with the Specific Plan, the City's 21 rules, ordinances, regulations, laws, official policies governing 22 development, density, permitted uses, growth management, 23 environmental considerations and design criteria, taxes and fee 24 programs, including, without limitation, the City's general plan 25 and zoning, subdivision, and building regulations, whether adopted 26 by the City Council or by the voters in an initiative, in effect 27 as of the date of this Agreement. 28 002P3BDA.010 7 1 [5-s-901 , i r I i 1 3 . 11 "Project" means the development project, as set forth 2 in the Specific Plan, as in effect on the date of this Agreement. 3 3 . 12 "Property" means the real property which is the subject 4 of this Agreement and is described in Section 4 below. j 5 3 .13 "Specific Plans means the Cottonwood Hills Specific 6 Plan (S.P. 88-1) . 7 3 . 14 "Substantial compliances for the purposes of this I 8 Agreement. and periodic review hereunder means the party has 9 sufficiently followed the terms of this Agreement so as to carry 3 10 out the intent of the parties in entering into this Agreement. 11 3 . 15 The "exhibits" to the Agreement are as follows and are 12 incorporated herein as though set forth in full: 13 EXHIBIT A: Legal description of the Property. 14 EXHIBIT B: City ordinance adopting Specific Plan. 15 EXHIBIT C: City ordinance adopting General Plan 16 amendment. 17 EXHIBIT D: Conditions of Approval For Specific Plan 88-1 18 (Cottonwood Hills) . 19 EXHIBIT E: Addendum Re Implementation of Conditions. ' I 20 i 21 4 . PROPERTY COVERED 22 The property covered by this Agreement is described in 23 Exhibit "A" attached hereto and incorporated herein by this 24 reference. This Agreement may be amended as provided in paragraph ; 25 8. 4 to include additional real property owned by Developer < 26 provided that any reference herein to Existing Land Use Ordinances ' 27 shall, with respect to such additional property, refer to those 28 002P3BDA.010 8 {5-9-90] I Il 1 land use ordinances in effect upon the effective date of any such 2 amendment. 3 ' 4 5. INTEREST OF DEVELOPER i 5 Developer represents that it has a legal or equitable 6 interest in the Property and that all other persons presently 7 holding legal or equitable interests in the Property will be bound 8 by the Agreement as of its effective date. 9 10 6. DURATION OF AGREEMENT 11 6. 1 Effective Date and Term. The term of this Agreement 12 shall be for twenty (20) calendar years from its effective date. 13 Said term may be extended by the circumstances set forth in 14 Sections 11 and 15. The effective date of this Agreement shall be 15 the last -date of (a) adoption by City of an ordinance authorizinc 16 execution of this Agreement; (b) All the Property being formally 17 annexed to the City; and (c) execution of this Agreement by the 18 Parties. 19 6.2 Scheduling. Construction of the Project covered by this 20 Agreement will be undertaken following receipt of requisite 21 Development Approvals from City. City 'and Developer acknowledge 22 that Developer cannot at this time accurately predict the time 23 schedule within which the Project will be developed, except that 24 it will be completed within the aforesaid twenty (20) year period. 25 So long as the Project is constructed in a manner consistent with 26 the City's Existing Land Use Ordinances as of the date of this 27 Agreement and the Specific Plan, Developer shall have the right '28 construct the Project at `the rate and in the sequence deemed 002P3BDA.010 9 [5-9-901 I i I i 1 appropriate by Developer within the exercise of its sound business ; 2 judgment. It is Developer's present reasonable expectation that 3 Development of the Project will be completed within the term of 4 this Agreement. For purposes of this Agreement, completion of the { Project shall mean the date on which a certificate of occupancy or 6 comparable instrument is issued for the last improvement or , 7 : structure constructed pursuant to this Agreement. Following the 8 expiration of the aforesaid twenty (20) year term, this Agreement i 9 shall be deemed terminated and of no further force and effect. I � 10 6. 3 Periodic review. I it 11 (a) City shall, in accordance with applicable state 12 law, review this Agreement at least once every twelve (12) months 13 from and after the Effective Date hereof. During each such 14 periodic review, City and Developer shall have the duty to ,15 demonstrate their good faith compliance with the terms and I 16 conditions of this Agreement. Both parties agree to furnish such 17 evidence of good faith compliance as may be reasonably necessary 18 or required. City's failure to review at least annually 1 1 19 Developer's compliance with this Agreement shall not constitute or 20 be asserted by either party as a breach of the other party. Such 21 periodic -review shall be .limited in scope to the compliance, by 22 Developer, with the terms of this Agreement. A finding by City of 23 good faith compliance by Developer with the terms of the Agreement 24 shall conclusively determine said issue up to the date of such 25 , finding. 't 26 (b) City shall deposit in the mail to Developer a copy l 27 of all staff reports, and to the extent practical, related 26 exhibits concerning contract performance a minimum of ten (10) 002P3BDA.010 10 (5-9-90] i I i I k i f� I i 1 1 calendar days prior to any such review or action upon the 2 Development Agreement by City. Upon request by Developer, 3 Developer shall be permitted an opportunity to be heard orally 4 and in writing regarding its performance under the Agreement at 5 any review on the Development Agreement. 6 (c) Developer's duty to demonstrate its good faith 7 compliance may be satisfied by the presentation to City of (1) a 8 written report identifying Developer's performance or the reasons 9 for its non-performance excused pursuant to the terms of this 10 Agreement or (2) oral or written evidence submitted at the time of 11 review. The parties recognize that this Agreement and the 12 documents incorporated herein could be deemed to contain thousands 13 of requirements (i .e. construction standards, landscape standards 14 et al . ) , and that evidence of each and every requirement would be 15 a wasteful exercise of the parties resources. Accordingly, h 16 Developer shall be deemed to have satisfied its duty when it 17 presents evidence on its good faith and substantial compliance 18 with the major provisions of the Specific Plan and the uses, 19 number, types, densities, heights and sizes of structures 20 completed and any reservations and dedications to the City. 21 Generalized evidence or statements shall be accepted in the I 22 absence of evidence that such evidence is untrue. Either party 23 may address any requirement of this Agreement; provided, however, 24 that City shall provide ten (10) days written notice to Developer 25 of any requirement it desires to be addressed. If, at any time 28 of review an issue not previously identified in writing is 27 required to be addressed by City, the review, at the request of 28 002P3HDA.010 1 1 [5-9-901 1 either party, shall be continued to afford sufficient time for 2 analysis and preparation. 3 (d) Developer may seek judicial review of any finding 4 by City of failure by Developer to demonstrate good faith ` x{ compliance with the terms of the Agreement under this section. i� 6 ! Any such legal action shall be commenced in the Superior Court of 7 Riverside County. In any judicial proceeding, the court shall 8 +` apply the standard of judicial review utilized in cases affecting 9 vesting rights. 10 6.4 Certification of completion. Promptly upon completion 11 of the Project, Developer will submit a draft letter of completion 12 for City review. Upon review, City shall provide Developer with ` 13 a letter of completion so certifying. This certification shall 14 - be a conclusive determination that the obligations of Developer 15 under this Agreement have been met. The certification shall be 16 in such form as will enable it to be recorded in the Official 17i Records of Riverside County, California. i i 18 j 19 7. VESTED RIGHT ' . 20 7. 1 Acknowled ent of Vested Ri ht. By entering into this 1 21 Agreement and relying thereon, Developer is obtaining a vested i 22 right to proceed with the Project in accordance with the k 23 Development Approvals and Existing Land Use Ordinances, but I 24 subject to any remaining discretionary approvals required in order 25 to complete the Projects as contemplated by the Development 26 Approvals (which discretion shall be exercised reasonably and in 27 accordance with the terms of this Agreement) . By entering into 28 this Agreement and relying thereupon, City is securing certain I 002P3BDA.010 12 [5-9-901 i,4 i i 1 public benefits which help to alleviate potential problems in 2 City and enhance the public health, safety and welfare. City 3 therefore agrees to the following: r 4 7.2 No conflicting enactments. Neither the City Council of 'f 5 City nor any other agency of City shall enact an ordinance, 6 policy, rule, regulation or other measure applicable to the 7 Project which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or 9 which is otherwise in conflict with this Agreement. 10 7.3 Intent of parties. In addition to and not in limitation a 11 of the foregoing, it is the intent of Developer and City that no 12 moratorium or other limitation (whether relating to the rate, 13 timing or sequencing of the development or construction of all or 14 any part of the Project and whether or not enacted by initiative 16 or otherwise) affecting parcel or subdivision maps, building 16 Permits, site development permits, special use permit:, occupancy 17 certificates or other entitlements to use approved, issued or 18 granted within City, or portions of City, shall apply to the 19 Project to the extent such moratorium or other limitation is in 20 conflict with this Agreement. Notwithstanding the foregoing, 21 should an ordinance, general plan or zoning amendment, measure, 22 moratorium, policy, rule, regulation or other limitation enacted 23 by citizens of City through the initiative process be determined 24 by a court of competent jurisdiction to invalidate or prevail over 26 all or any part of this Agreement, Developer shall have no 26 recourse against City pursuant to this Agreement, but shall retain 27 all other rights, claims and causes of action at law or in equit . 28 which Developer may have under this Agreement and independent of 002P3BDA.010 13 (5-4-907 i 1 this Agreement. The foregoing shall not be deemed to limit 2 Developer's right to appeal any such determination of such a 3 ordinance, general plan or zoning amendment, measure, ploy, rule, 4 regulation, moratorium or other limitation which purports to 5 invalidate or prevail over all or any part of this Agreement. 6 City and Developer agree to cooperate in all reasonable manners 7 'in order to keep this Agreement in full force and effect. I 8 9 8 . GENERAL DEVELOPMENT OF THE PROJECT 10 8. 1 Project. While this Agreement is in effect, Developer 11 shall have a vested right to develop the Project in accordance ! I 12 with the terms and conditions of this Agreement, and in accordance , 13 with, and to the extent of the Development Approvals. Except as 14 otherwise specified in this Agreement, the Development Approvals 15 shall control the overall design, development and construction of i 16 the Project and all on-site and off-site improvements and 17 appurtenances in connection herewith, including, without 18 limitation, all mitigation measures required in order to minimize 19 or eliminate material adverse environmental impacts caused by the 20 Project. The permitted uses of the Property, the density and 21 intensity of use, the maximum height and size of proposed 22 buildings, the provisions for reservation and dedication of land 23 for public purposes and other terms and conditions of development 24 applicable to the Property shall be those set forth in this 25 Agreement and the Development Approvals or as may otherwise be ! 26 mutually agreed upon by the parties. The Project shall be 27 configured generally as indicated on the Specific Plan. The 28 location of the improvements shall be generally as indicated on i i 00223BDA.010 1 (5-9-90] I i i A I i C I 1 the Specific Plan; provided, however, that the Specific Plan 2 placement and location of improvements including common area 3 facilities, roadways and landscaping as shown on said plan is 4 descriptive only and may be varied, amended, changed or modified 5 at the election of Developer, with approval of the Community 6 Development Director, in accordance with the applicable provisions 7 of the Existing Land Use Ordinances. Such right of approval is 8 to ensure compliance with the Specific Plan, and to ensure that 9 amendments to the Specific Plan do not adversely affect compatibility with offsite improvements. The number of i0 p y p 11 residential units actually constructed in any planning unit may 12 vary in accordance with the provisions of the Specific Plan. 13 8 . 2 Phasing of Developments: The construction of 14 improvements and development of the Property may be accomplished E 15 at the times and in the phases or increments which are selected 1 E 16 Developer. No moratoriums or ordinances imposing limitations on 17 the number of building permits which may be issued by City shall 18 apply to the Property unless a finding is made in accordance with Ig Section 9 . 7. City specifically acknowledges that Developer's 20 discretionary control over timing and phasing of construction is 21 a major consideration being provided to Developer under this 22 Agreement, and such discretionary control over timing and phasing 23 of construction is a vested right provided to Developer under this 24 Agreement. i 25 8 .3 Reservations or Dedications: Reservations or 26 dedications of portions of the Property are set forth on the Phase 27 I Vesting Tentative Map which will be approved, as described in 28 the Recitals set forth above. Other reservations or dedications 002P3BDA.010 15 [5-9-90] i i i 1 of portions of the Property may, from time to time, be required 2 by City in accordance with or as part of subdivision map approvals i 3 for the remainder of the Property. Said reservations and 4 dedications are to be imposed in accordance with Existing Land 4 5 Use Ordinances. For the purposes of this Section 8 . 3 and the 6 Vesting Tentative Map relating to Phase I of the project, any 7 reference to the "dedication" or "reservation" of land shall be 8 construed to include the acquisition of such land by a Mello-Roos 9 Community Facilities District, or other financing district at a 10 purchase price equal to the fair market value thereof. i 11 Accordingly, all park and other sites to be "dedicated" or 12 "reserved" to the City pursuant to the Vesting Tentative Map 13 relating to Phase I of the project or this Section 8. 3 , may be 14 purchased by a Community Facilities District (or other financing 15, 'district) formed over property owned by the Developer to the 16 extent funds are legally available for such purpose. 17 8.4 Administrative changes and amendments. This Agreement 18 may be amended from time to time by mutual consent of the parties 19 in the same manner as its adoption by ordinance. The parties 20 acknowledge that refinements and further development of the 21 Project may demonstrate that changes are appropriate with respect 22 to the details and performance of the parties under this 23 Agreement. The parties desire to retain a certain degree of i 24 flexibility with respect to the details of the Project development I 25 and with respect to those items covered in general terms under I 26 this Agreement. If and when the parties find that changes or 27 adjustments are necessary or appropriate, they shall, unless 28 otherwise required by law, effectuate such changes or adjustments I 002FMA.010 16 [5-9-901 I I i it I i I I 1 through administrative amendments approved by the City Director ` 2 of Community Development, which, after execution, shall be 3 attached hereto as an addendum and become a part hereof, and may 4 be further changed and amended from time to time as necessary, 5 with approval by City and Developer. Any such administrative 6 changes or amendments shall not be deemed to be an amendment to 7this Agreement under Government Code Section 65868. Unless 8 otherwise required by law, no such administrative amendments shall 9 require notice or hearing. Notwithstanding the foregoing, the i 10 following matters shall not be considered administrative changes I 11 or amendments, but shall be considered substantive amendments 12 which shall be reviewed by the Planning Commission and approved 13 by the City Council: 14 (a) Alteration of the permitted uses of the Property; 15 (b) Increase in the density or intensity of use or 16 number of lots; 17 (c) Increase in the maximum height and size in 18 permitted buildings; 19 (d) Deletion of a requirement for the reservation or 20 dedication of land for public purposes except for minor boundary 21 adjustments approved by the Planning Director; and 22 (e) Any amendment or change requiring a subsequent or 23 supplemental Environmental Impact Report pursuant to Public 24 Resources Code Section 21166. 25 26 9. RULES, REGULATIONS AND OFFICIAL POLICIES 27 9. 1 Effect of agreement on land use regulations. The ruler 28 regulations and official-`policies governing permitted uses of tht 002P3BDA.020 17 (5-9-9D1 I i I 1 1 Property, the density and intensity of use of the Property, the 2 maximum height and size of proposed buildings and the design, 3 improvement and construction standards and specifications 4 applicable to development of the Property are those rules, 5 regulations and official policies in force as of the Agreement 6 Date set forth in the Specific Plan, and City agrees that during 7 :;the term of this Agreement, Developer shall have the right to j 8 develop the Property in any manner consistent with the Specific 9 Plan and. said rules, regulations and official policies. In 10 connection with any approval which City is permitted or has the 11 right to make under this Agreement relating to the Project, or 12 otherwise under the Existing Land Use Ordinances, City shall 13 exercise its discretion or take action in a manner which is as 14 diligent as possible and which complies and is consistent with the , .15 Development Approvals and the standards, terms and conditions 16 contained in this Agreement, and in a manner which will not 17 interfere with the development of the Project for these uses, and i 18 to the height, density and intensity specified in this Agreement, 19 or with the rate of development selected by Developer. City shall ; 20 accept for processing and normal timely review and act on all 21 applications for further land use entitlement approvals with 22 respect to the Project called for or required under this 23 Agreement. Such application shall be processed in the normal 24 manner for processing such matters. 25 9.2 Modified Rules. City may, during the term of this 26 Agreement, apply only such newer, modified rules, regulations, 27 ordinances, laws, general or specific plans, and official policies 28 which are not in conflici with those in effect on the date of this k 002P3BDA.010 18 [5-9-90] � I I h I h 1 Agreement; provided that such application shall not prevent 2 development in accordance with Sections 8. 1 and 8.2 above. 3 However, this section shall not preclude the application to 4 development of the Property of changes in City laws, regulations, 5 plans or policies specifically mandated and required by changes in 6 state or federal laws or regulations. In the event such changes i 7 in state or federal laws prevent or preclude compliance with one 8 or more provisions of this Agreement and implementation of the 9 Specific Plan, the parties agree to take appropriate action 10 pursuant to Section 9. 6 of this Agreement. This Agreement shall 11 not prevent City from applying the following new rules, 12 regulations and policies: 13 (a) Processing fees and charges imposed by City to i 14 cover the estimated actual costs to City of processing 15 applications for development approvals, for monitoring complianc 16 with any development approvals, or for monitoring compliance with 17 environmental impact mitigation measures. 18 (b) Procedural regulations relating to hearing bodies, 19 petitions, applications, notices, findings, records, hearings, 20 reports, recommendations, appeals and any other matter of 21 procedure. 22 (c) Regulations governing construction standards and 23 specifications including, without limitation, the City's Building 24 Code, Plumbing Code, Mechanical Code, Electrical Code and Fire 25 Code provided that such construction standards and specifications 26 are applied on a City-wide basis. 27 (d) Regulations which are not in conflict with the 28 Development Approvals or ,this Agreement. 002MDA.010 19 [5-s-9uI 1 (e) Regulations which are in conflict with the 2 Development Approvals or this Agreement if such regulations have 3 been consented to in writing by Developer. 4 9.3 Fees. Any application, processing and inspection fees, building codes or construction standards and specifications, now 6 existing or hereafter in existence, shall apply to development 7 pursuant to this Agreement; provided that: (i) such fees, 8: standards and specifications are applicable to all applications 9 for construction or building permits for private projects in the 10 City or apply to all public works within the City and (ii) their 11 application to the development of the Property is prospective only 12 as to applications for building and other development permits or 13 approvals of tentative subdivision maps not yet accepted for 14 processing; and (iii) their application shall not prevent 15, development in accordance with sections 8. 1 and 8 .2 of this 1 16 Agreement. City shall not impose, in any form, any development 17 impact fee upon Developer or the Property other than those 18 specific fees described in Exhibit "E" to this Agreement, entitled 19 Addendum Re Implementation of Conditions. City shall not increase 20 any fee described on Exhibit "E" from the amount of the fee set 21 forth on Exhibit "E." A development impact fee shall be 22 considered to be any direct or indirect fee, charge or assessment 23 based upon or arising from the impact or effect of any development 24 of the Property upon City, including, but not limited to, its 25 infrastructure, facilities, or roadways, or upon the need for h 26 capital improvements or maintenance caused by any development of 27 the Property. i 28 002P3BDA.010 2 0 [5-9-901 I I I 1 9.4 Comparative Evaluation. City agrees not to apply any j 2 comparative evaluation of Developer's proposed development of the 3 Property with a proposed development of any other project of any 4 developer in connection with issuance of building permits or other 5 approvals for development of the Property. 6 9 . 5 Subsequent actions and approvals. In accordance with 7 Government Code Section 65866, this Agreement shall not prevent 8 City in subsequent actions applicable to the Property from 9 applying new rules, regulations and policies which do not conflict ; 10 with those existing rules, regulations and policies set forth in 11 the Development Approvals, nor shall this Agreement prevent City 12 from denying or conditionally approving any subsequent development 13 project application not subject to this Agreement on the basis of j 14 such existing or new rules, regulations or policies. 15 9. 6 State and federal laws. 16 (a) In the event that state or federal laws or 17 regulations, enacted after this Agreement is executed, prevent or 18 preclude compliance with one or more of the provisions of this 19 Agreement, such provisions of this Agreement shall be modified or 20 suspended as may be necessary to comply with such state or federal 21 laws or regulations; provided, however, that this Agreement shall 22 remain in full force and effect to the extent it is not 23 inconsistent with such laws or regulations and subject to the 24 following provisions: In the event that State or Federal laws or 25 regulations enacted after this Agreement have been entered into or 26 the action or inaction of any other affected governmental 27 jurisdiction prevent or preclude compliance with one or more 28 provisions of this Agreement or require changes in plans, maps o�- 002P3BDA.010 2 1 i i i , i I permits approved by City (including a court decision affecting the 2 validity of development agreements pursuant to Government Code 3 Section 65864 through 65869.5) , the parties shall: (1) provide 4 the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy and a 6 statement of conflict with the provisions of this Agreement; and 7 (2) promptly meet and confer with the other party in good faith 8, and reasonably attempt to modify or toll this Agreement to comply fl 9 with such federal or state law or regulation in a manner I 10 consistent with the intent and objectives of this Agreement, to i 11 the extent feasible. I 12 (b) Thereafter, regardless of whether the parties reach j 13 agreement on the effect of such federal or state law or regulationl ; I 14 upon this Agreement, the matter shall be scheduled for hearing I 15 before the Council, ten (10) days written notice of such hearing I 16 shall be provided to Developer, and the Council , at such hearing, i 17 shall determine the exact modification or tolling which is �. 18 required by such federal or state law or regulation. Developer, 19 at the hearing, shall have the right to offer testimony. Any 20 modification or tolling shall be taken by the affirmative vote of 21 not less than a majority of the authorized voting members of the 22 Council . Any suspension or modification may be subject to 23 judicial review in conformance with this Agreement. 24 Notwithstanding the above, this Agreement is deemed to be a valid 25 and legitimate exercise by City of its police power to provide 26 for future public improvements and facilities for the benefit of 27 the health, safety and welfare of City. 28 002P3BDA.010 2 2 [5-9-90] i i i l j 1 9 . 7 Unforeseen Circumstances: If, as a result of facts, 2 events or circumstances presently unknown, unforeseeable and which 3 could not have been known to the parties to this Agreement, City 4 determines that the health and safety of City requires the 5 modification, suspension or termination of this Agreement, City 6 shall (1) notify Developer in writing of (a) City's determination, 7 (b) the reasons for City's determination and all facts upon which 8 such reasons are based, and (c) forward to Developer ten (10) days 9 prior to the hearing referred to below all documents relating to 10 such determination and reasons therefor; (2) notify Developer, in 11 writing, at least ten (10) days prior to the date, the time and 12 place of the hearing; and (3) hold a hearing at which Developer 13 shall have the right to offer witnesses, reports and testimony, 14 and further have the right to examine witnesses, City staff or I 15 other persons ; and (4) make a finding that, based upon clear and 16 convincing evidence, it has been established that: (a) The 17 circumstances were unknown, unforeseeable and could not have been 18 known; (b) The health and safety of the community require the 19 suspension, modification or termination of the Agreement as 20 opposed to any other alternative; and (c) City to the extent i 21 feasible has provided Developer with an equitable program to 22 reimburse to Developer unused fees, and provide equitable 23 reimbursement for dedications or improvements not required by the 24 extent of development as of the date of such suspension, 25 modification or termination. In the event the City Council should 26 fail to make such findings then this Agreement shall not be so 27 terminated, modified or suspended; and in the event the City 28 Council should make such-'findings, Developer shall have the right 002P3BDA_010 23 [5-9-90J i i 3 � i I to file an action in the Superior Court, County of Riverside, 2 challenging said findings. The Superior Court shall utilize the 3 standard of review applicable in cases involving vested rights. 4 The unforeseen circumstances, which shall cause the operation of this provision shall not be the result of changes in State or 6 Federal law. In the event of changes in State or Federal law, 7 the provisions of Section 9 .6 shall govern. 8 9 10 . COOPERATION AND COVENANT OF FURTHER ASSURANCES 10 10 . 1 Third party actions. Developer and City shall 11 cooperate in defending any action or proceeding instituted by any 12 third party challenging the validity of any provision of this 13 Agreement or any action taken or decision made hereunder. 14 Developer agrees to assume the lead role in the defense of any 15 such action or proceeding so as to minimize litigation expenses 16 incurred by City. In addition, any court action or proceeding � i 17 brought by any third party to challenge this Agreement or any ' i 18 other permit or approval required from City or any other 19 governmental entity for Development or construction of all or any I 20 portion of the Project covered by this Agreement shall constitute i . i 21 a permitted delay under Section 11. Notwithstanding the 22 foregoing, the filing of any third party litigation against City i ' 23 and/or Developer relating to this Agreement or any provision 24 thereof shall not be a reason to delay or stop the Development, 25 processing or construction of the Project (including but not 26 limited to the issuance of building permits or certificates of 27 occupancy) unless the third party obtains a court order preventing ' 28 24 002P3BDA.010 (5-9-901 i i f i 1 the activity. City will not stipulate to the issuance of any 2 such court order. 3 10.2 Further assurances. Each party covenants on behalf of f 4 itself and its successors and assigns to take all actions and do 5 all things, and to execute with acknowledgments or affidavits if ' 6 required any and all documents and writings that may be necessary 7 or proper to achieve the purposes and objective of this Agreement. 8 Each party shall take all necessary measures to see that the 9 provisions of this Agreement are carried out in full. 10 10. 3 Processing. If necessary or required, upon I 11 satisfactory completion by Developer of all required preliminary 12 actions and payments of appropriate filing and processing fees, 13 if any, City shall commence and proceed to complete all steps 14 required or necessary for the implementation of this Agreement 15 and the Development by Developer of the Project in accordance 16 with the Existing Development Approvals including: 17 (1) Scheduling, convening and concluding all required 18 public hearings in a diligent manner consistent with applicable 19 laws and regulations in force as of the Effective Date of this 20 Agreement. 21 (2) Processing and approval of all maps, plans, land 22 use permits, building plans and specifications and other 23 applications for Development Approvals relating to the Development 24 of the Project, filed by Developer. 25 Developer will, in a timely manner, provide City with 26 all documents, applications, plans and other information necessary 27 for City to carry out its obligations hereunder and cause 28 Developer's planners, enliheers and all other consultants to 002P3SDA.010 2 5 [5-9-901 i I I � 1 submit in a timely manner all required materials and documents 2 therefor. It is the express intent of Developer and City to 3 cooperate and diligently work to implement the Specific Plan. 4 10.4 Governmental permits. Developer shall apply in a 5 timely manner for such other permits and approvals as are required 6 by other governmental agencies having jurisdiction over the 7 Project in connection with the development of, or provision of EI 8 services to, the Project. City shall use its best efforts to 9 assist Developer in coordinating the implementation of the Project 10 with such other governmental agencies. City shall cooperate with ! � 11 Developer in its efforts to obtain such permits and approvals. If 12 City's execution of a document or agreement is necessary or 13 required by law to obtain or give effect to any such permit or 14 approval, then City will execute such document or agreement. 15 10. 5 Financing of public facilities and/or services. 16 (a) Attached hereto as Exhibit "D" is a statement of i 17 the Conditions of Approval For Specific Plan 88-1 (Cottonwood i 18 Hills) adopted by the City Council on March 14 , 1989 . Said i 19 conditions relate to public improvements to be provided by 20 Developer. Attached hereto as Exhibit "E" is an Addendum Re 21 Implementation of Conditions, which relates to the conditions 22 imposed by Exhibit "D. " Each party shall perform the obligations 23 imposed upon that party by Exhibit "E, " and each party may 24 exercise and enforce the rights given that party by Exhibit "E." 25 (b) City will cooperate and use its best efforts to 26 assist Developer in obtaining and implementing and placing in 27 effect a Mello-Roos, or other improvement bond program, or other 28 public financing program- which may be available for the purpose of 002P3BDA.010 26 IS-9-90j i 1 funding the planning, design, construction and maintenance of 2 public facilities, including related fees and the acquisition of 3 land therefor, and/or the provision of public services for the 4 Project. In addition, the City shall not require the Developer to 5 join an existing Mello-Roos District or require that the financing 6 districts participate in any pooled financing program or bond 7 issue sponsored directly or indirectly by the City, unless at the i 8 time of the issuance of bonds, a formal policy provides that all 9 developments for which the City is sponsoring a Mello-Roos 10 District shall be required to participate in such financing 11 program. Unless Developer otherwise consents, in the event that i 12 Developer is required to participate in a pooled financing or 13 Marks-Roos Program, i 14 15 [i] the Marks-Roos bonds or pool bonds to purcha 16 the Mello-Roos obligations from Developer's property 17 will only be available to purchase such Mello-Roos 18 obligations; and 19 20 [ii] the City will retain an underwriter 21 recommended by Developer and agreeable to the City to 22 participate in not less than 50 percent of the 23 underwriting. 24 25 The parties expect that bonds, assessments, liens or other such 26 financing devices would be issued or levied to provide sufficient 27 funds for the above-mentioned purposes. The parties, however, 28 acknowledge that such public improvements may not be completely OOMBOA.010 2 7 [5-9-90] i I i i 1 financed by said financial mechanism and the City retains the 2 right to establish a maximum tax rate or assessment per parcel/lot 3 or acre. City acknowledges that completion of proceedings to 4 establish one or more public financing districts as discussed above is critical to provide the parties with security for 6 performance by Developer of its obligation to commence and 7 'complete construction of major infrastructure. City will also 8 assist Developer in securing construction and/or permanent 9 financing and/or seller financing in connection with the i 10 development of the Property, and in condemning and obtaining all 11 necessary rights of way. 12 10. 6 Utilities coordination. City shall use its best { 13 efforts to assist Developer in obtaining all electrical, gas, 14 telephone and other necessary utility connections required by the i 15 Project. Within a reasonable time after request therefor by I 16 Developer, City shall approve all connection and access points � I 17 for such utilities if in compliance with all applicable i 18 ordinances, rules and regulations. 19 10.7 Covenant of aood faith and fair dealing. Except as may 20 be required by law, neither party shall do anything which shall j 21 have the effect of harming or injuring the right of the other 22 party to receive the specified and described benefits of this 23 Agreement; each party shall refrain from doing anything which 24 would render its performance under this Agreement impossible or 25 impractical ; and each party shall do everything which this 26 Agreement describes that such party shall do. 27 10 . 8 Stephens Kangaroo Rat. City will use its best efforts 28 to maximize the amount of acreage which is released for grading ; i i 002P3SDA.010 2 8 I [5-9-90] i I I I i i I i 1 and allocate it to City pursuant to the Riverside County Short- 2 Term Habitat Conservation Plan for the Stephens Kangaroo Rat, and 3 City will take such steps as may be necessary or appropriate fro3 4 time to time, to secure such maximum allocation. 5 6 11. PERMITTED DELAYS 7 Developer shall be excused from performance of its i j 8 obligations hereunder during any period of delay caused by acts 9 of God or civil commotion; riots, strikes, picketing, or other 10 labor disputes ; unavoidable shortage of materials or supplies, 11 damage to work in progress by reason of fire, flood, earthquake 12 or other casualty, litigation which prohibits processing or 13 constructing the Project; initiatives or referenda; moratoria; or 14 unanticipated restrictions imposed or mandated by other 15 governmental entities. Each party shall promptly notify the othi 16 party of any delay hereunder as soon as possible after the same 17 has been ascertained, and the term of this Agreement shall be 18 extended by the period of any such delay. Notwithstanding Section 19 14. 3 , any claim for delay must be presented within 30 days of 20 knowledge of the cause of such delay, or any entitlement to time 21 extension shall be deemed waived. 22 23 12 . ESTOPPEL CERTIFICATES 24 Either party may at any time, and from time to time, deliver 25 written notice to the other party requesting the other party 26 certify in writing that to the knowledge of the certifyingart party: 27 (1) this Agreement is in full force and effect and is a binding 28 obligation of the parties; ' (2) this Agreement has not been amend(___ 00ZP3BDA.010 2 9 [5-9-90] { 1 or modified, and, if so amended or modified, to identify the 2 relevant documents; and (3) no default in the performance of the , 3 requesting party's obligations under this Agreement exists or, if 4 in default, the nature of any default. A party receiving a request hereunder shall execute and return the certificate within 6 thirty (30) days following the receipt thereof. 7 8 13 . RECORDATION BY CITY CLERK 9 Pursuant to Government Code Section 65868 .5, within ten (10) t 10 days of City's execution of this Agreement, the City Clerk shall 11 record a copy with the Riverside County Recorder. Thereafter, i 12 pursuant to Government Code Section 65868.5, "[t]he burdens of the 13 agreement shall be binding upon, and the benefits of the agreement i 14 shall inure to, all successors in interest to the parties to the 15' agreement." 16 17 14 . DEFAULT 18 14 . 1 Events of default. 19 (a) Subject to any written extension of time by mutual 20 consent of the parties, and subject to the provisions of Sections 21 11 and 15 regarding permitted delays, the failure of either party 22 to perform any material term or provision of this Agreement shall 23 constitute default if such defaulting party does not cure such 24 failure within thirty (30) days following written notice of • ver, � 25 default from the other party, provided, howe , that if the I 26 nature of the default is such that it cannot be cured within 27 thirty (30) days, the commencement of a cure within such period I 28 and the diligent prosecution to completion of the cure shall be 002F MA.010 30 [5-9-901 i I 1 f I i I i i I 1 deemed to be a cure within such period. Any notice of default 2 given hereunder shall specify in detail the nature of the alleged i 3 default and the manner in which such default may be satisfactori: 4 cured in accordance with the terms and conditions of this 5 Agreement. During the time periods herein specified for cure of 6 a failure of performance, the party charged with such failure of 7 performance shall not be considered to be in default for purposes 8 of termination of this Agreement, or for purposes of institution 9 of legal proceedings with respect thereto, or for purposes of 14 issuance of any building or grading permit with respect to the 11 project. 12 (b) After proper notice and the expiration of the time 13 for cure, the noticing party to this Agreement, at its option, may 14 institute legal proceedings pursuant to Section 25 hereof or give 15 notice of intent to terminate this Agreement pursuant to 16 Government Code Section 65868 . Following notice of intent to 17 terminate, the matter shall then be scheduled for consideration 18 and review in the manner set forth in California Government Code 19 Sections 65865, 65867 and 65868 by the City Council within thirty 20 (30) days. The City Council shall utilize the standard of review 21 applicable in cases involving vested rights. 22 (c) In the event the City Council finds a default on 23 the basis of evidence presented before it, the non-defaulting 24 party may at its option give written notice of termination of this 25 Agreement to the party found to be in default by certified mail. 26 The party found to be in default may seek judicial review of the 27 City Council decision by filing an action in the Superior Court 28 002P3BDA.0I0 31 [5-9-901 { 1 Riverside County. The Superior Court shall utilize the standard 2 of review applicable in cases involving vested rights. 3 14 .2 Default by City: In the event that City does not 4 accept, review, approve and issue requested development permits or 5 entitlements; or City otherwise defaults on this Agreement; or 6 City otherwise fails to comply with any term or provision of this 7 Agreement; City shall be in default. City agrees that Developer 8 in no event shall be obligated to proceed with or complete the 9 project or any phase thereof nor shall resulting delays in 10 Developer's performance constitute grounds for termination or 11 cancellation of this Agreement. 12 14 . 3 No waiver. Failure by a party to insist upon the 13 strict performance of any of the provisions of this Agreement by 14 the other party shall not constitute waiver of such patty's right i 15 -- to demand strict compliance with such other party in the future. 16 All waivers must be in writing to be effective or binding upon 17 the waiving party, and no waiver shall be implied from any 18 omission by a party to take any action with respect to such 19 default. No express written waiver of any default shall affect 20 any other default, or cover any other period of time except that 21 specified in such express waiver. 22 14.4 Effect of termination. Termination of this Agreement 23 by one party due to the other patty's default shall not affect any 24 right or duty emanating from City entitlements or approvals on the 25 Project, but the rights, duties and obligations of the parties 26 hereunder shall otherwise cease as of the date of such 27 termination. 28 002P3sne.010 3 2 [5-9-90] 1 15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE 2 In addition to specific provisions of this Agreement, 3 performance by either party hereunder shall not be deemed to be 4 default where delays or defaults are due to war, insurrection, 5 strikes, walk-outs, riots, floods, earthquakes, fires, casualties, 6 acts of God, litigation, referenda, initiatives, moratoria, 7 governmental restrictions imposed or mandated by other 8 governmental entities, enactment of conflicting City, county, 9 state or federal laws or regulations, judicial decisions, or 10 similar basis for excused performance which is not within the 11 reasonable control of the party to be excused. If written notice 12 of such delay is given to either party within thirty (30) days of 13 the commencement of such delay, an extension of time for such 14 cause will be granted in writing for the period of the enforced 15 delay, or longer as may be mutually agreed upon. 16 17 16. APPLICABLE LAW 18 This Agreement shall be construed and enforced in accordance 19 with the laws of the State of California. 20 21 17. NO JOINT VENTURE OR PARTNERSHIP 22 City and Developer hereby renounce the existence of any form 23 of joint venture or partnership between City and Developer, and 24 expressly agree that nothing contained herein or in any document 25 executed in connection herewith shall be construed as making City 26 and Developer joint venturers or partners. It is understood that 27 the contractual relationship between City and Developer is such 28 that Developer is an independent contractor and not an agent of i ooMBDA.010 33 1 City. Furthermore, this Agreement is not intended, nor shall it j " 2 be construed, to create any third party beneficiary rights in any 3 person who is not a party to this Agreement. 4 5 '118. ADDRESSES FOR NOTICES 6 Any notice sent to either party under this Agreement shall be 7 in writing and shall be given by delivering the same to such party 8f in person or by sending the same by registered mail, return 9 receipt, with postage prepaid, to the following addresses: 10 11 To City: City of Lake Elsinore 130 South Main Street 12 Lake Elsinore, CA 92330 Attn: City Manager 13 To Developer:,, Pardee Construction Company 14 10880 Wilshire Boulevard Suite 1400 15 Los Angeles, CA 90024 Attn: Theodore J. Cullen 16 17 With a copy to: Sandler and Rosen 1801 Avenue of the Stars Suite 510 18 Los Angeles, CA 90067 Attn: Charles L. Birke 19 20 Notices shall be deemed given on the date delivered in person or 21 the date when the postal authorities indicate that the mailing was 22 delivered. Written notices and demands shall be sent in the same 23 manner to such other persons and addresses as either party may 24 from time to time designate in a written notice pursuant to this 25 section. 26 27 28 002P3BDA.010 3 4 [5-9-90) 1 19. ASSIGNMENT AND NOTICE 2 (a) Subject to Section 19 (b) , Developer shall have the 3 right to assign or transfer all or any portion of its interest, 4 rights or obligations under this Agreement to third parties 5 acquiring an interest or estate in Project, the Property or 6 portions thereof, including but not limited to purchasers or long- 7 term ground lessees of individual lots, parcels, or any of the 8 buildings located within the Project with or without prior 9 approval of City. Developer shall give written notice to the 10 City of its intention to assign or transfer any of its interest, 11 rights or obligations under this Agreement. Any failure by 12 Developer to provide said notice shall be curable in accordance 13 with the provisions of this Agreement. City's approval of the 14 assignment shall not be unreasonably withheld or delayed. Upon 15 City's approval of the assignment, the express assumption of any 16 of Developer's obligations under this Agreement by its assignee ! 17 transferee shall thereby relieve Developer of any further 18 obligations under this Agreement. No assignee or transferee shall 19 be deemed to have assumed any of the obligations of this Agreement 20 in the absence of an express written undertaking. If City 21 reasonably withholds approval, then Developer may nevertheless 22 complete the assignment, but Developer will not be relieved of its 23 obligations under this Agreement. Notwithstanding the foregoing, 24 Developer shall have no obligation whatsoever to provide said 25 notice when it intends to assign an interest in this Agreement in 26 connection with a conveyance or transfer to a bank or other 27 financial institution or corporation for financing purposes of 4., 28 00ZP3BDA.020 35 i fs'g'901 1 equitable interest in the Project and/or the Property whether by 2 means of a deed of trust or other instrument. 3 (b) Notwithstanding the provisions of Section 19 (a) , 4 upon the sale or lease for more than one year of a dwelling unit 5 'or office or commercial or industrial space by Developer to a 6 member of the public, but not upon the bulk sale thereof to any 7 person or entity for resale to the public, such residential unit 8 or office, commercial or industrial space shall be automatically 9 released from the terms, provisions, covenants and obligations of 10 this Agreement without notice and without the necessity of 11 executing or recording any specific instrument of release or 12 approval. 13 14 20. ENCUMBRANCES AND RELEASES OF REAL PROPERTY 15 20. 1 Discretion to encumber. The parties hereto agree that 16 'this Agreement shall not prevent or limit Developer in any manner 17 at Developer's sole discretion, from encumbering the subject real 18 Property or any portion of any improvement thereon by any 19 mortgage, deed of trust or other security device securing 20 financing with respect to the Property. City acknowledges that 21 the lenders providing such financing may require certain 22 modifications and City agrees, upon request, from time to time, 23 to meet with Developer and/or representatives of such lenders to 24 negotiate in good faith any such request for modification. City 25 further agrees that it will not unreasonably withhold its consent 26 to any such requested modification so long as the modifications 27 do not materially alter this Agreement. 28 002P3BDA.010 3 6 (5-9-901 1 20. 2 Subordination to Liens and Conveyances. City's rights 2 to enforce any obligation of this Agreement are subordinate to the 3 lien of any mortgage or deed of. trust or other instrument utiliz, 4 to secure financing with respect to the Property, or any 5 improvement thereon. Nothing in this Agreement shall be deemed to 6 create a lien on behalf of City against the Property. City will 7 execute and deliver to any lender or other interested person such 8 documents as may be reasonably requested to acknowledge that City 9 has no lien on the Property by reason of this Agreement, and that 10 City's rights under this Agreement are subordinate as set forth 11 herein. Nothing herein, however, shall be deemed to relieve 12 Developer of its obligations under this Agreement. 13 20. 3 Entitlement to written notice of default. The 14 mortgagee of a mortgage or beneficiary of a deed of trust, and 15 their successors and assigns, or any mortgage or deed of trust 16 encumbering the property, or any part thereof, which mortgagee, 17 beneficiary, successor or assign has requested notice in writing 18 receive by City, shall be entitled to receive written notification 19 form City of any default by Developer in the performance of 20 Developer's obligations under this Agreement which is not cured 21 within thirty (30) days. 22 23 21. AFFORDABLE HOUSING 24 In order to be consistent with the City's Housing Element, 25 Developer will provide its fair share of affordable rental housing 26 in the event Developer builds rental housing in the Multi-Family 27 zones of the project. Such affordable rental housing will be 28 available to persons in the low and very low income ranges, as 002P3BDA.010 37 (5-9-90] i 1 determined by the County Median Average when the building permits 2 are issued for such units by the City. Such affordable rental 3 housing shall be not less than fifteen percent (15%) of any rental 4 units built by Developer, and shall not exceed twenty percent 5 (20%) of such rental units. Nothing herein shall require 6 "Developer to build any rental units in order to provide such 7 affordable housing. Developer agrees that if densities for the 8 project are reduced, the reduction will not eliminate the 9 aforementioned affordable rental housing. City will assist 10 Developer in providing such fair share of affordable housing by Il providing economic incentives to Developer, including but not by 12 way of limitation, access to so-called "set aside" funds. 13 Developer may provide the Cottonwood Hill Project's fair share of 14 affordable rental housing by providing the aforesaid number of 15 rental housing units at one or more other locations within the 16 City limits acceptable to City Council. 17 18 22 . CONSISTENCY FINDING 19 By approving and executing this 4greement, City finds that 20 its provisions are consistent with the City's General Plan and 21 with the Specific Plan, and City further finds and determines 22 that execution of this Agreement is in the best interests of the 23 public health, safety and general welfare of City's residents, 24 property owners and taxpayers. 25 26 23 . CONSENT OF OTHER PARTIES 27 Developer may, at its discretion, elect to have other holders 28 of legal, equitable or beneficial interests in the Project, the 002P3BDA.010 3 8 [5-9-901 1 Property or portions thereof, acknowledge and consent to the 2 execution and recordation of this Agreement by executing an 3 appropriate instrument therefor. It is understood by the pantie, 4 that the execution of such document by other holders of legal, 5 equitable, or beneficial interest in the Project is not a 6 condition precedent to this Agreement. 7 8 24 . RELEASE. 9 City hereby covenants and agree that upon completion of the 10 public improvements and payment of all fees required under this 11 Agreement with respect to the Property, or any portion thereof, 12 City shall execute and deliver to the Riverside County Recorder 13 appropriate release or releases of further obligations in form and 14 substance acceptable to the County Recorder or as may otherwise bel 15 necessary to effect such release. 16 17 25. OPERATING MEMORANDA 18 The parties acknowledge that from time to time it may be in I 19 the mutual interest of the parties that certain details relative i 20 to performance of this Agreement be refined. Therefor, to the 21 extent allowable by law, the parties retain a certain degree of 22 flexibility with respect to those provisions covered in general 23 under this Agreement which do not relate to the term, permitted 24 uses, density or intensity of use, height or size of building, 25 provisions for reservation and dedication of land, timing, rate or 26 sequence of development, conditions, terms, restrictions and 27 requirements relating to subsequent discretionary actions, 28 development of public improvements or monetary contributions by 00ZP3BDA.010 3 9 [5-9-90) 1 Developer or any conditions or covenants relating to the use of 2 the Property. When and if the parties find it necessary or 3 appropriate to make changes or adjustments to such provisions, 4 they shall effectuate changes of adjustments through operating 5 memoranda in recordable form approved by the parties in writing 6 which reference this Section 24 . For purposes of this Section 24 , 7 the City Manager or his/her designee upon report to and approval 8 by the City Council, shall have the authority to approve the 9 operating memoranda on behalf of City. No operating memoranda 10 shall require notice or hearing or shall be deemed to constitute 11 an amendment to this Agreement. 12 13 26 . INSTITUTION OF LEGAL ACTION 14 In addition to any other rights or remedies, either party may 15 institute legal action to cure, correct or remedy any default, to 16 enforce any covenants or agreements herein or to enjoin any 17 threatened or attempted violation thereof or to obtain any 18 remedies consistent with the purpose of this Agreement. In the 19 event of any such legal action involving or arising out of this 20 Agreement, the prevailing party shall be entitled to recover 21 reasonable litigation expenses, attorneys' fees and costs 22 incurred. It is understood between the parties that in the event 23 a breach of this Agreement by City occurs, irreparable harm is 24 likely to occur to Developer and damages may be an inadequate 25 remedy. To the extent permitted by law, therefore, it is 26 expressly recognized that specific enforcement of this Agreement 27 by Developer is a proper and desirable remedy in addition to any 28 and all other remedies which may be available to Developer under 002P3BDA.010 40 (5-9-901 i I law or at equity. Each party shall have the right to enforce one 2 or more remedies hereunder successively and concurrently and any 3 such action shall not estop or prevent such party form pursuing 4 any further remedy which it may have; and all remedies, either 5 under this Agreement or at law or in equity or otherwise afforded 6 to the parties shall be cumulative and not alternative. In all 7 judicial proceedings, the court shall utilize the standard of 8 judicial review applicable to vested rights. 9 10 27 . INDEMNITY 11 (a) Developer agrees to and shall hold the City, its 12 officers, agents, employees and representatives harmless from 13 liability for damage or claims for damage for personal injury 14 including death and claims for property damage which may arise out ' 15 of the direct or indirect operation of the Developer or those of 16 their contractors, subcontractors, agents, employees or other 17 persons acting on their behalf which relate to the Project. 18 Developer agrees to and shall defend the City and its officers, 19 agents, employees and representatives from actions for damages 20 caused or alleged to have been caused by reason of Developer's 21 activities in connection with the Project. 22 (b) This hold harmless agreement applies to all damages and 23 claims for damages suffered or alleged to have been suffered by -24 reason of the operations referred to in this paragraph, regardless 25 of whether or not the City prepared, supplied, or approved plans 26 or specifications or both for the Project and regardless of 27 whether or not insurance coverage exists. 28 002P3BDA.010 4 1 (5-9-901 I 1 (c) The provisions of this Section shall not apply to the 2 extent such damage, liability or claim is proximately caused by 3 the intentional or negligent act of. City, its officers, agents, 4 employees or representatives. All indemnity rights and 5 obligations shall be governed by principles of comparative fault. 6 °28 . INSURANCE 7 Improvement Security/Insurance: As a condition of approving 8 a subdivision map for all or a portion of the Property, City may 9 require the furnishing of appropriate and reasonable security 10 pursuant to local ordinances and California Government Code 11 Section 66499, et seq. City may also require evidence of 12 compliance with labor standards and insurance required as a 13 standard condition under federal, state or local law at the time 14 of City action on any necessary development permits or any other 15 entitlements for the use and development of the Property pursuant 16 to this Agreement. 17 18 29 . TERMS AND CONSTRUCTION 19 29 . 1 Entire Agreement. This written Agreement contains all 20 the representations and the entire agreement between City and 21 Developer. , Any prior correspondence., memoranda, agreements, 22 warranties or representations are superseded in total by this 23 Agreement. This Agreement shall be construed as a whole according 24 to its common meaning and not strictly for or against any party in 25 order to achieve the objectives and purposes of the parties 26 hereunder. Whenever required by the context of this Agreement, 27 the singular shall include the plural and vice versa, and the 28 002P3BDA.010 42 [5-9-90] i 1 masculine gender shall include the feminine or neuter gender. 2 "'Shall" is the mandatory and "may" is the permissive. 3 29.2 signature Rages. For convenience, the signatures of 4 the parties to this Agreement may be executed and acknowledged on 5 separate pages which, when attached to this Agreement, shall 6 constitute this document as one complete Agreement. 7 29.3 Time. Time is of the essence of this Agreement and of 8 each and every term and condition hereof. 9 10 CITY OF LAKE ELSINORE DEVELOPER: PARDEE-GROSSMAN, COTTONWOOD 11 CANYON, a General Partnership by PARDEE CONSTRUCTION COMPANY, a 12 California corporation, By: GENERAL PARTNER 13 CARY ml WASHBURN, MAYOR � 14 By: 15 Michael V. McGee Vice President [Title] 16 Approved as to form and legality 17 this ��the day of 1990 18 19 CITY ATTORNEY ATTEST: 20 21 B . JOHN R. HARPER, CIT, A EY City Clerk 22 [Title] 23 24 25 26 27 28 002P3snn.0z0 43 [5-9-90j ORDINANCE NO. 854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE COTTONWOOD HILLS SPECIFIC PLAN. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: That the cottonwood Hills Specific Plan is hereby approved and adopted by the City Council based on the following findings: 1. The Specific Plan is anticipated to result in several significant adverse environmental impacts which are described in the project Environmental Impact Report. For each significant impact, measures are imposed by the Plan or its conditions of approval which eliminate or substantially lessen their effect. A number of significant impacts are unavoidable and a statement of overriding considerations is recommended to address these (see Finding #2) . Specific findings for each significant impact are as listed in Exhibit A (attached) . A Mitigation Monitoring Program is hereby adopted. A list of persons and agencies commenting and further responses to to comments are hereby adopted as part of the Final E.I.R. 2. Based upon project documents and evidence in the public record, the significant environmental effects of this project associated with the loss of on-site biological habitat, traffic impacts on area roads, degradation of local air quality and a substantial contribution to cumulative impacts of area-wide urban development, although partially mitigated or reduced by the project, remain significant and are unavoidable based upon rejection of project alternatives or additional mitigation measures necessary to reduce these impacts to less than significant levels. These impacts are found to be acceptable due to benefits derived by the project, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents, and the provision of significant improvements to Railroad Canyon Road all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this project. 3. The Cottonwood Hills Specific Plan meets the Specific Plan criteria for contents and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 4 . The Specific Plan is consistent with the City of Lake Elsinore General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. b) Services and facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I-15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Element f) Major areas of open space/wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. k) Cultural resources are anticipated to be adequately mitigated based upon. their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Community Design Element n) Design features are provided to improve the visual quality of the community. Housing Element o) Major segments of the local housing market will be accommodated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 5. The Specific Plan establishes pre-zoning of the project area in anticipation of its annexation to the City of Lake Elsinore. 6. The Specific Plan shall be effective at such time as annexation of the project area to the City of Lake Elsinore is approved by the City and the Local Agency Formation Commission and recorded. 7. The Specific Plan shall expire and be of no effect whatsoever seven years after the date of annexation recordation (as specified in #6 above) , unless an implementing Final Tract Map has been recorded prior to the end of the seven year period. 8. The Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, not will it be injurious to property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. 9. A General Plan density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a more extensive level than would otherwise be required by the project, and provision of complete turn-key neighborhood parks and partial community park infrastructure above that which would normally be required. The developer shall convey all development rights of all project open space to the City to be retained in perpetuity and to insure provision of Railroad Canyon Road and parks as specified in this finding and Specific Plan Condition of Approval. SECTION 2: That the City Clerk of the City of Lake Elsinore shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the Sun Tribune, a newspaper of general circulation, serving the City of Lake Elsinore, in accordance with provisions of the Government Code. INTRODUCED AND APPROVED UPON FIRST READING this 14th day of March, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND. READING this 26th day of March, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNCILMEMBERS: NONE Jim W-1hiEler, Mayor ATTEST: dj '7 K14 tV AIZI Adria L. BryiMg Deputy City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, ty Attorney (FINDING #1 SP 88-1) SIGNIFICANT I14PACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. b) Visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts - substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive Species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off-site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service (USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of overriding considerations. d) Cultural Resources - substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation - Substantially lessened by the develop- ment of on-site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding Consideration. f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and^ Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and .geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. �) Air Quality - substantially lessened by grading guidelines of the Plan and City ordinances for short-term impacts. Long-term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of Overriding Considerations. k) Energy Conservation _ - substantially lessened by design guidelines of the Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. i 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 had its first reading • 1•aQ�lril j'!, i�v9/ Q111A t1MK iV.y .i L1 WAL" �.i Lw 6l i 11•� Vil 14a1 VL1 .u, ii/V% 4114A - s was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMB£RS: NONE 4ICK1YNN KASAD, CITY CLERK CITY OF LAX 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. 854, of said Council, and that the same has not been amended or repealed. DATED: April 4, 1989 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. 89-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1989. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Section 65361(a) of the Government Code provides that no mandatory element of a General Plan shall be amended more frequently than four times during any calendar year; and WHEREAS, the Planning Commission held public hearings on this round of General Plan Amendments on January 17, 1989, and that this public hearing was advertised as required by law. The Planning Commission made a recommendation to the City Council concerning this General Plan Amendment and has filed with the City Council copies of map and report; and WHEREAS, notice was duly given of the public hearing on the Amendment, which public hearing was held before the City Council on the 14th day of March, 1989, at the hour of 7:00 p.m. , with testimony received being made a part of the public record; and WHEREAS, the City Council certifies that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act and that the information contained within the Environmental Impact Report has been reviewed and considered by the Council prior to approving the project. NOW, THEREFORE, in consideration of the evidence received at the hearing and for the reasons discussed by the Council members at said hearing, the City Council now finds that the Lake Elsinore General Plan be amended as follows: A. GENERAL PLAN AMENDMENT 88-1 APPLICANT: Pardee Construction Company PROPERTY OWNER: Clyde C. Christiansen; Corona Foothill Company LOCATION: Along Railroad Canyon Road, Cottonwood and Holland Roads, one-half mile south of Canyon Lake. Change approximately 1,968.7 acres from Riverside County Category II and Mountainous to Specific Plan Area, with a density of 2.17 dwelling units per acre. Approval is based on the following: 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Cottonwood Hills Environmental Impact Report for the proposed Specific Plan. For each significant impact, measures are imposed to eliminate or substantially lessen their effect. A number of these significant impacts are unavoidable and a statement of overriding consideration is recommended as Finding #2. Specific findings on each significant impact are as listed in Table 1 attached hereto as Exhibit A. 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are found to be acceptable due to due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant improvements to Railroad Canyon Road, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this request. 3. The General Plan Amendment is found to be in conformity with the General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. b) Services and facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I-15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Resource JL@Lrent f) Major areas of open space/wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. k) Cultural resources are anticipated to be adequately mitigated based upon their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Community Design Element n) Design features are provided to improve the visual quality of the community. Housing Element o) Major segments of the local housing market will be accommo dated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 4. This General Plan Amendment would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. 5. This General Plan Amendment density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a more extensive level than would otherwise be required by the project, and provision of complete turn-key neighborhood parks and partial community park infrastructure above that which would normally be required. 6. This Amendment will allow land uses in character with the subject property's location, access and constraints. 7. This Amendment will permit reasonable development of the property consistent with its constraints and compatible with adjacent properties and proposed development. 8. This General Plan Amendment permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety and welfare. 9. The proposed Amendment will not adversely affect surrounding property with respect to value or precedent. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Land Use Map be amended for the first time in calendar year 1989 to reflect General Plan Amendment 88-1 PASSED, APPROVED AND ADOPTED this 14th day of March, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Jim Winkler, Miiyor ATTEST: `APPROVED AS TO FORM AND LEGALITY: dri'a Bryning, Aaoh Harper City Attorney Deputy City Clerk (SEAL) TABLE 1 (FINDING #1 SP 88-1) SIGNIFICANT IMPACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. b) Visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts - substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off-site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service (USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of overriding considerations. d) Cultural Resources - substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation - Substantially lessened by the develop- ment of on-site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding Consideration. f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. j) Air Quality - substantially lessened by grading guidelines of the Plan and City ordinances for short-term impacts. Long-term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of Overriding Considerations. k) Energy Conservation - substantially lessened by design guidelines of the Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. EXHIBIT "A" EXHIBIT D .rs'� eon•�Y/ Plat LL=1 ..ten n •e 1� ;he Specific Plan shall be ef:eetiv• at such time as annexation of the project area to the City of 1,ake -Elsinore is approved by the City and the Local Agency Tormation Cossission and recorded. ?, A General Plan density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus cf' ,17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a mere axtansiv• level than would otherwise be required by the project, and provision o: Completa turn-key neighborhood parks and partial covnpnity park infrastructure above that which would no-_-Aally be required. The uevelopar shall convey all development rights of all prof• open space to the City to be retained in perpetuity and to insure provision of Railroad Canyon Road and parka as specified in this finding and specific Plan Condition of Approval. 7. The text of the draft Tinal Specific Plan shall ba revised to correct any typographical errors including,: Pace 8-55, under e.9f, rye a, It M 12 and Pace F_62, under 6.9.p, commercial Project Sicnace, Item X: Replace the terry "short-ter:" with the to e ' "terporL=y." t. T'je developer shall produce seven (7) espies of the Pint! Specific Plan plus an original camera-ready espy whir: sh=_l be delivered, to the city prior to the effective date of the rlan. r. 77e T-v___-per-tL1 _spz=: Re_c-r= s`_ll be p===_red in :':nt! in c=nXu_,tZt_on Vitt. Staff Witt seven 1" ) __ties P!:.- -'-e1 cane=a ezdy e=py delivered __ t!%e C=`. p -a as a _ve dz=e of the =lMn t= a) ce=t._ic__icn by city and =es==uses t_ ==.rents _M=Mw a_ t`_ City C=_..c_l hear_n s. _1st Of persons and agen=ifts -:en-_-= =t`er rev_sions -= mhe tax= =_=--- F_ry = -- r• \ E. X RL_lroa_ canv_n Road/San Jacin%O Rive_ revecettti=n przz-a- shall be reviewed and atp_aved !::v the City Plar.-irc Div isicn prier to app=Oval of cradi.. pe=it f-= RailrOa_ Canyon ROa:.. TeQera.1 and szzte wetlands ShLt 1 also ba apYrvved prior to trading. - he p=Or=� shall be i=plemented eon=_ =er.t Vitt C=nstr-L.0 iar to meet t.ha app=ovLl of tZe Development D__act:=. ;. A CGt_v:uwaod Creek _loodplain On pro==a: shall be inccrpa_ated as L . anti_icn of at.`.' c e Lf:acted tertative tract .map approval to be complied with prior to ^inal sap approval or trading pe rit (wtir-haver octets first) and whit: shall take p'ecadanca, :acuirinc revisions to the sap to comply With the proeran is neCessa-y. aplemertation shall be con a=rent wit!% and canst=_c-ion of :elated phase. -i4V-P9 Wills 1 s spe=___C k Stephens' kangaroo rat impaet sits atian prograx shwI 1 be incorporated as a condition each tents[ ve tract map approval and shall be complied vith prior to final map approval or gradinq permit, whichever occurs first. Implementation to compensate for habitat lose shall occur prior to grading parmits for occupied habitat on-sit&. g, A Cultural Resources survey of affected areas related to Railroad Canvon Road shall be evaluated and approved by the City prior to project grading. Presence of an archeologist or palsontologist ter on-vita evaluation and full ritigation is required should any rasoUrce be uncovered during construction. lo. k cultural resources mitigation program shall be incorporated as a condition of each affected tentative tract map approval to be complied with prior to final map approval or grading permit (whichever occurs first) and which shall take precedence, requiring revisions to the map to comply with the program it neeassary. ?hs program shall be based on site evaluations by qualified archeologists and historians to establish significance of each vita and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. 11. ,antative .:act Yaps shall indicate and provide for the base _load (100-year flood) within the existing eha.nnel and related facilities of the San Jacinto River"and Cottonwood Crack. x11 other flood areas shall be ;rovided with :ac_li--es to eonvev waters to t-haze channels which she__ be rev_i=ed to be i=plemenzad concurrent vi h construction of _elated p::asa subject to the approval of zhe Developee: = =i=ectc~ and the City Inginee=- 1f . Fl rt_ .c=-=es shall be deaf wed =0 it%ac_r=rate al_ a=-_e and local watt= eonservadion reeulations, su=jex= aY7=_va1 c_ the .-..ief Building, C_f_c_al. -- . A.11 s_=e-_'_--in7 shall '_n=c_-Pe=ate ZZAS des to _ _---te waste red_____.. and recycling to t-he extent feas�_1e, ed= to a approval of 'the C===,=_-y -Davala =ent � -. . crad_. C an:_ plans Sha_! in==- :_.-=e :.fie =eaSL=es lusteed in the`ZZ-T to redume and control a=.:S�-n xutj ec= to the approval of :.he C`.ie: Bt_ldin Clf 15. Developer shall provide fcr the paving of Eclland Road fc= two w eve« lanes frc= t.3e project bolandz_—v east to axis—I nz pavement, n he event that said i=p==v=ant has ...: previously been provided by Audio Xz�ephy Ran_.. Tie '—r=oveaes:- ahal_ meet the approval of the Ccusty Road Depa=`_=ent to partially xiticats p=ajeet rala_ad `a_fic —pacts as they O.C.=. 1£. A p=a==aa shall be implemented fe= three eonst;-union cf Railroad Canyon Road from I-15 to :ha north p=cjec= bounds-'. :he p_oq,=aa shall be subject to approval o: ;he Ca.-=unity Development Director and the City Znginee= p=ion to issuance of grading per-mits. :?se prog=aa shall provide :or the funding and start of construction o: Phase 1 e: � Railroad Canyon Road prior to issuance of the first building I pe=it: an lu ~.'see that =he `road ¢oast�r r:on shall ba HD Cn ::.:cam ,^„s SPecl._ic_ Plan ( 0J/_4 s: ) -- cozpleted in ►ny case no later than prior to Solrt occupancy paMit issuance within the project. Phase I of Railroad Canyon Road shall consist of a xi,nizus, of 110 feet of right-of-way, with full width grading and four (4) lanes of pavenar.t, of which at least two (2) lanes Nust be reopened to t-Lf:ic prior to occupying the 501st unit. The City will make its beat *!!arts to create a benefit district or similar program for Railroad Canyon Road which provides for an er,uitable sharing of costa behiseRlall Prionrtiss ahall within hot the City accessing the road. : apply to planning areas 2E and 33 which take principal access from Holland Road. Tha final design and ultimate improvements of Railroad Canyon Road shall be approved by the City Znginear and Conxunity Development Director prior to Tirst Phase Tentative Tract Map approval. Construction co ultimata jupprior final TantP to rzctilialanms a provalwidtof thell be ri,nLI ea�rpletad p_� P PP- Phase cf Specific Plan devalopuent. 1;. Library Impact Program shall be developed in consultation wit:: the City to off-sat Capital Costa to mitigata impacta of the project. :5. Developer shag, incorporate mitigation for isolated oak tree removal throughout the site into the Cottonwood Creek Reveceta.ion ProSrar. Such r_itigation shall. occur on a 10- replacement rLtia after individual trees have been evaluated • f w_ !b 1 l /• �rESe�'atiCn :GCS_.._-__y by the City i:, CcntL tut-On with the developer. -",.is pro=rx= shall be incorporated as a . ntiticn of each L:feeted :ftntative tract =Lp Lj.r=OvLl tC be co-==led with ,:ricr to final sap approval or gradir-C ae=r_i_ (whichever oc_zrs first} and Which thL3'_ take seceder=e re=___nc revisions to the rep to =_=;Iy with t_ti:G .c -i-• ?_.._e..___- t==art =ev,awec' in CC.-.S�1tL Via.~ w FLiverSS:G Dot _terra s-:2:jec= toac-_cvLl by aye Co.__--t�• Deve; _pnert _'_e____ Yam___ _.. Lrr_ ••� � r _-�__�E: in he L SCE`~LLSt LrL'e __=G StLtwcn' is -i=ely deliver".' Cc-=_—errs vi= de=and sert•_=es - _osed �< `.t,is L WL'.r• aad _ to=_ace deli and =XnIce.=en= Ls c_nveyed in the specific Plan and ether aeast:=es re. _re4 t_ aprr�rr_tteiy -ad- fire hL=_r= ::_s P====z= shall be reviewed and a:_r=Ved by bct.11 ..e Ci_t and Cc_--. =he Spe___i= =1az to include pr=visicn :== e �ulti•-iJte `✓ C___. ^^ the nC_`.-east coma= of the site to connect w:zt the Cottonwood Creak Corridor- Such CCr_i_cr be astLblished Llong a topograp.`.i=Llly acceptable `^cuts t o be date=ined by the city in consultation with Co•.:rtyPar)cs stt:: and developer, which may include County prop•—ias CII-site. Proti'isicn of a -rail cer 7ridcr does not !_�,ly cznstr•:=Zion or =icht to use ==Il such t=a as a rail F=a-rL= is l�.pleaerted. �_. ==Yr=vener.` plane including sever and water. BhLl: be a;prcved prior to the final =ap approval. v �rD1 CG. 22. Conceptual improvement plan necessary to mitigats the impact■ of increased stern run-off shall be provided by tha developer as determined by the City prior to final map approvals. 22, Developer shall negotiate to assist the schools in providing ad•gvats school facilities to serve the project in ♦ timely manner, which may include dedication of land ♦nd Improvements in lieu of :sea. In the event of failure to reach agreements prior to approval of Phase II tentative tract maps the City shall review the potential requirements of alternative measures by the developer to assist in the provision of facilities in a timely manner. 24. .,urn-key public parks shall be provided for Cottonwood Hills as :allows: A.. Developer shall deliver the land, infrastructure, and rough grading for 30.1 acres of developed part, lands , including, two (2) S.0 acre neighborhood parks and 20. 1 acres of eatamunity park. In addition, tha developer shall provide turn-key park improvements . for these developed parks per approval of the CoMmunity Services Diree=or, not to exceed a total of 1.5 million dollars (1569 dollars adjusted by the annual Engineers Hews Record index to the years in which pe:Y.s eonstr.uczion Occ_rs) b. Developer shall also deliver 12.0 ages of passive part; deveie;.nEnt in cludin; the 4.4 acres of parkway park and the 7. 6 acres of passive park Lraa with4n the ec_uat=y ~ .._=act for pre;ressive i-creases in p=li=t ` - SG�•L•�=CS•'_.._= the General rued or City-wide SaVVi-es =iE==ram= C� Siri1L=- p_cvide an ade�.:a=a�level Ct servi=fts. ^~e deVe'_oaer s::L11 pa�ictpate in any Gi=y angst t_ :,:;areLse levels c_ service =.rcu_~ develcpwar.= cf a C_ty-vi:e 5 Developer sha,11 dedicz=e open space as described in *.e Spec:••r 71a- == rt vita related tentative pact maps, Ci= --s:1i_1 develop manaoemer.= plans a ::ixu=a prase.-_-%•a=icn cf :L=__L_ values and przZacmi=n 4f EafE:V. Devel=per shall dedicate ecnsewation eas:enents tc the City _a_ rr_va=e =pan space as specified i- %h a specific alLn p =D !_.ZLI Lap L�.rrCYa1S. Operation and Aain=ena.-.=E cf ^==aC=:: - t.% ~ e s=LCE 11L� h �=L= sL'_1 be provided ramug.. tile Co=tcnvo== and Open space Y.air.=ananae Distr:=t tc be BEd �ywt_h. •,;.evalC?ft ccn;-_*rrant vi=.: «'7a1 =Lp approvals. 27. _:se Develops=, a= the apprcr=-ate related phases, shall be =es.Monsi_le t_ provide a rE-evaluation of prcjeet relate c_=-site raf.ic iz--pacts increases over =he presen= xm..e pre j eetio:ss; and provide m;._icatior. neavures to -`a satisfaction Of tha City F.-cineer i_ =ee.:i=ed. M%e Developer's fl:sanc:al cent=ibLticn to Railroad Canyon Road, Ca=tZnWood Canyon Road, Cottonwood Hills Road, Last Road Lrd Holland Road, both on-sits and otf-site shall not exceed that rec'.:i- by the City's ansportation Xitigatic. Fee Procra= except that the developer in any went shall fully coils=-_ct said road improvements vit-hin the specific Plan boundaries and participate in the Railroad Canyon Road 1.ssess»e.^.= District as dete»-.fined by the City Znrinear. 2 E. D-- D ^--•:on:socc , z s Spec_--c ?Ian ( 03/14/29 ) 29. The davalopNOnt of the Specific Plan shall seat the following conditions regarding fire protection: a. all water gains and fire hydrants providing required :ire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or 546, subject to the approval by the Aiverside County Fire Department. b. all buildings shall be constticted with fire retardant roofinq material as described in section 320� of the Uni.1oxir Building code. Any wODa shingles or shakes shall have a Class "E" rating and shall be approved by the Fire Department prior to installation. c. A Homeowners Association c•. Community Service District shall be responsible for the ,maintenanea of all cormon open space areas. To ir.eu=e -hat fuel modification areas are maintained and that annual vegatation is removed consistent with current fire prote=-ion standards, prior to the occupancy of more than ":ty percent (50%) Of the units adjoining an open. individual space area, the appropriate agency shall prepare and submit to the Fire Department fc: review a five (5) ,year =aintenance plan to include specific rGeomL,endations for =aintanance Of Various areas. d. The existing County Fire stations will be capable of providing coverage for the area along Railroad CLnvo7 Road and apprOxirately 2/4 Of a =ile south Llan; cottonwood Canyon Road. Tha:eto=e, Prior south as development beyond Phase 1 cr the Open Phase north c: Rt_l_oad Canyon Road (Street "A") , a site zhi have be selected :fear :-15 and Railroad can-or. a :i e station sha'__ have been cons:rua=ed and be ope_Lt_a: e. nite^L=G Or Se=DndL--v ac=ass will be recce ed __-s==z=t cn beyond Phase 1 =he exzans4�- CC=tc:swoge Canyon Road to Holland Road and ato a .czzu:.=y =L:n=Lined :Dad shL�- be =ain'tzined -`. L� L_l-weate_ _ivea:.le ccZ_itian _=_ any bevend Phase 1. ^.`.a text c_ the Final s=e=_:'_- plan shall be =ev_sed as h _ve :rate cf M.�-.e -i -F� G.G. D cc t t=nWocd i3?5 Spe_i 03/1,/E 9) �- • necessary. The prograw *hall be based on site evaluations by qualified archeologists and historians to establish signi- ficance of each site and a detailed plan for appropriate mitigation. 6. rlood • Tentative Tract Maps shall Improvemant plan Hazard provide for the base flood approval prior to (100-year :lOod) within, the final sap approval existing channel and related Implementation eor facilities of the San Jacinto current with con- River and Cottonwood Creak. struetion Of the All other flood areas shall related phase. be provided with laeilities rinal inspection by to convey waters to these City prior release channels. of bonds. 7. Water Con- All structures shall be Compliance at servation designed to incorporate all building Permit state and local regulations. Plan Check. Imple- mentation concurrent with construction, subject to .final inspection by City. E. Recycl_ng All site-planning shall in- Desi;n Review :e- cerporata measures to promote quirement by City, waste reduction and recycling, Implementation cCn- to the extent feasible. =r ert with con- st=uction, Subject to inspeC_-„- by City. f `_cs:_n Oradi• _ an'? .Cnst_ c_icn tans Cradi ?l - Y c ahal= --C__�~_te t_ha measL=e:s by City 1- _e- listed :--the :,-A to reduce nemtatiC- earl and Cont=C1 a=Csio- potential. With +a... __. -__==-__-•• Deve=cpe= shall :rovide :c= the A^-rcVals pa— Cf zzvin= Cf Holland Road =C= two related -.act -r9 _aval 1Lnes _ the r=Zje^ Holland and east to pave- Rb_I=.'dad CanvC.; be.^._ to =new .he z;:;::OVati C► Road. :L=;rzveSe::rS. the County Road Dept=^.aert to Z-praveaer_ Plans pa—:ally miti=ate r_Cject re- :or Holland Read laced :_a___C Z=%Z=tS as 'they O__-S-tG t- Ca,...-ty ==pacts on Cottonvood Road DePL—=en_ . C=eek Road and Last Road, al- -=e-- «houch potentially sig•r._ficar with P=cject••t__:f=- a=e not: pr=posed for ai=+ceticn '_pacts. bevondthe on-site i-pr=verge ;ts provided fc= in the Specific ?lan. A Program_ shall be 'splemented P=or=a, approval fc= the construction of Rai;- by city pr:o_ to =oat Canyon Road :_or. 1-15 to first phase !in&l the nor'zh project boundary. z act map and i=pl amenta tion prior to 46'jance of f--•st bt:ildi2 5 pe=it of final development phase (at a All i:p.ovement Plans ■uhjeet to City apr=OVL1. PC CO ZnWDC: _ 's K:T:GkrION MONITORING rxWQXA.M sprc:rIC PLx)i •i-1 SIG� rT'r�G�•xT!ON Z1QK"'.OP_TNC . l Riparian Railroad canyon Road/San rederal and State L Site Jacinto River Revageta- Permit. City ap- Lion Program proval prior to gradinq permits for Railroad Canyon Road. Implamen- tation concurrent vith construction. rinal inspection by City staff prior to 2. Riparian • Cottonwood Creek rloodplain Incorporation as a on-Site modification and ravagatation eandition of such program. :his program shall &;!acted tentative be incorporated as a Bondi- tract map. City, tion of each aflacLed tenta- Tadaral and State tive tract nap approval to be permit approval and corplied with prior to final irplementation prior nap approval or grading pe=i; to grading of re- (whichever occurs fizst) and sated phase. Tina! which shall take precedence inspection by City ree.:'r:ng revisicns to the map staff rricr to to comply with the ;.rnyram :f CC=ificate o_ hecesszr�•. Cc-_pan=y of each :elated phase. 5-e^he s ' + :nte_i= ha.ita_ e:nse=✓zc.. Inter'_.= ?ltn Lr- kL--rr_c , lan a be ;dor_ed. :J.S. r_cvL1 bS , zr%- wildlife Ser -=e =-_cr ,c :•en_alive L^ rDYa! c_ ttr..- plan. Map ap==cva s. C_-.•, �r Federal Ln=/cr State e--r=vLl and --'z- +. _'_-rL! ,'� gc�eV of affeL fed areas Condition Cf nos aides related to Ra_1_and Canyon Yradi--.; pe W-= -site Road shall be evaluated by approval lc= t.e city prior to Project Railroad canny or. crad:.nq. Presence of an Road. ar=heolo54-st or palsontalo- g st for on-site evaluation and _sill miticatior, should Lnv ramo r=e be uncovered du:-4 nq cc-Istruction. S. �.:2,=raI * A cuit-ral resources =4 ti ca- Developer to drat Reaour=es tion progrz=. This prograz~ a pro_ran as a on-Site shall be ineo�orated as a condition of Tenta- eo:sdition of each affected Live :tact Hap. tentative tact map approval City approval and to be ;cnplisd vLt-h prior to iaTlementation price final map approval or grading to Trading, cf ra- Pe_it (wrichever occurs first) laced area. and wr-;C-h shall take precedence reayirinq revisions to the map .o c=m_ly with t.►a program• if 20 D- 11. Library . Library Impart program shall Approval by City prior to final Ma Impacts be developed in consultation approval. `mple-p with the City to off-set mentation concurrent • capital Costs to mitigate eu Oc anc impacts of the project. With with Occupancy y Permts 12. Isolated Developer shall incorporate Approval by City oak -roe mitigation for isolated oak prior to final nap Removal tree removal throughout the approvals in eon- site into the Cottonwood Creek junction With grad- pavegetation Program. Such ing plan review. aitigation shall occur an a 10:1 replacement ratio after Zmplementation con- individual tress have been current With con- evaluated for preservation construction. Tinal feasibility by the city in inspection prior to consultation Witt the devel- occupancy. oper. l3. Fire • A Tire Proteetian •Impact Approval of Program Service kitigation Program shall be by city prior to and reviewed in consultation with first phase tents- Hazard Riverside county Fire Depart taws tract: map. =ant and shall include: L. Proportional partieipa- Implementation Lion in the establishment concurrent With of a southeast area :ire' development. Finsl station and a mechanism inspection prier to for its timely delivery Occupancy. concurrent vith demand :cr services irposed by iiildlen= interface desic.n and .nanagenent as conveyed _n the Spacs_ic Plan. and c-thar measures required -= aprrcpriately L-Z u=e =:re hazL=-_�. 7.114-5 Pr=C-a: s&ll be reviewed and approved by bcmh toe City and Cc•.:rty. =a=_s Spe___i^ Plan to in=lurie C_ty aCpr:va_ -_ =0v ision C= a Mullt--else ?r-w=aw ;:r:.0_ -- =Li1 CC..=-dam :=== the ncr h- inLI «ate ar=__:als. east ccrne= of _tee size to . connect With the _o--= r%WOo= Creek Ccr-idc= Such crrrider s�:all be established along a „cpaarapnically aceegtabse route to be date—fined by the arty in cznsujtaticn with county Parks stall and cevelcper. 15. Sever 'mprovement plans, including City approval Y=-c_ sewer end Water, shall be tO tinLl zLC approved prior to the !-,-I recordation. r-Lp aprr Oval. men=` tion vim...♦ constn.cticn. Final inspecticn prior to cc=:pancv of related prase. 16. Stz _ conceptual improvement plan City approval prior Drainage necessary to aiticate the to final zap i�paets _n=reesftd of stc M recordation.. Z=ple- / L'.��Lio' sL . Cc�==nwand r.1-1 s Spec_14c Plan (03/?4/5O) D- run-off shall be provided by sentation concurrent the developer as determined with construction. by the City prior to final rinal inspection sap approvals, prior to occupancy of related phase. 17. Schools • Developer shall negotiate City approval of assistance to the schools agreements or in providing adequate school potential altarna- facilities to serva the tive seasura prior project in a timely manner to Phaee :I tanta- vhieh may include dedication t:va tract saps. of land and improvements in lieu of fees. in the event implementation of failure to reach agree- concurrent With ments prior to approval of development by Phase II tentative tract phases. naps the City shall review the potential req%.irements of alternative aetsuras by the developer to assist in the provision of. facilities in a timely mannar. 16. parks • Developer shall deliver city approval of complete turn-key park parks development facilities to meet provi- plans Concurrent siors of Condition of With related tract Approval 124 for dedice- Maps- Isplemerta- ion of land and level, of Lion ecnc;:rrant i=provexer.ts as approved With related tract by the Co-rur.ity Develop- develepment. Con- ne Zi=ect_. . pletie n prior to occupancies cf related tracts. : a City shall a=n= act .__ xr;=vv&I �. pr==ressive :==eases star r_. = rr== =htr=-- Gene=al -und Cr City-wide p=ovide an adec_ate level of ser i=es. --. =e- =:ate - Devel_me.7 shall dedicate Ded'_c____ns omen space as described �,i;al "Lc Spe__-4" 71Ln. L'-t}' =Z=S. shall develop aanaCe=Mnt plans t= _assure ;.=eser_Va_:=n C^tv Plan cf .`,a==tat values and - - - - te::Z_4=n cf purl Sate=V. Mppr=vL_s. -. Developer shall dedicate = nse-vat:on easements to t.:e City f== private open s=ace as specified in t.9e G cc__cnwcoc �'__s Sze c_:_c ?1an (03/14/Se) EXHIBIT E 1 EXHIBIT 'E' 2 ADDENDUM RE: IMPLEMENTATION OF CONDITIONS 3 4 Set forth below are provisions regarding construction and 5 financing of public improvements made a part of the Cottonwood 6 Hills Development Agreement: 7 8 I . RAILROAD CANYON ROAD 9 I.A The Railroad Canyon Road Benefit Reimbursement District 10 ordinance was approved by the City Council of Lake Elsinore on 11 December 26, 1989, and established a program to implement cost 12 sharing and construction of Railroad Canyon Road from I-15 to the 13 north project boundary. Developer shall be obligated to act as 14 the City's agent in implementing the City's construction program 15 for Phase> I of said improvements. Phase I of Railroad Canyon 16 Road shall consist of a minimum of 110 feet of right-of-way, wit-,. 17 full width grading and 4 lanes of pavement. 18 19 I.B The City shall maintain in effect the Railroad Canyon 20 Road Benefit Reimbursement District Ordinance and shall continue 21 to make reimbursements as set forth in said program and in that 22 certain agreement between the City and Developer entitled 23 "Railroad Canyon Road Reimbursement Agreement" and subsequent 24 amendments thereto. 25 26 i . 0 In conjunction with the timing of the Phase I of 27 Railroad Canyon Road, the Developer shall not seek, nor shall th- 28 City issue any building permits within Cottonwood Hills until 002P3BDA.010 1 [5-9-901 1 said construction has commenced on Phase I of Railroad Canyon 2 Road; further, Phase I road construction shall be completed prior 3 to the issuance of the 501st occupancy permit within the 4 Cottonwood Hills project. 5 6 I.D Upon completion of improvements to Phase I of Railroad 7 Canyon Road by Developer, acting as agent to the City, and upon 8 final inspection of said improvements by City Engineer, City shall 9 accept said improvements for use and maintenance and assume 10 responsibility for same. 11 12 I .E Inasmuch as the City's Railroad Canyon Road Benefit 13 Reimbursements District Ordinance will not generate sufficient 14 funds to permit construction of the Phase I improvements in a 15, timely manner, Developer shall advance funds for design and 16 construction of Phase I of the city's program. The amount which 17 Developer advances (i.e. , funds advanced in excess of funds 18 reimbursed to Developer by the Railroad Canyon Road Benefit 19 Reimbursement District Ordinance) , shall not exceed $9, 000, 000. 20 21 II. OTHER PRINCIPAL ROADS 22 23 II.A Developer shall improve the onsite portions of 24 Cottonwood Hills Road, Lost Road and Cottonwood Canyon Road, in 25 accordance with the requirements contained in Chapter Seven of 26 the Specific Plan and in accordance with the phasing provisions 27 contained in Chapter Nine of said Specific Plan. 28 002P3BDA.010 2 (5-9-901 1 II.B Developer shall improve, if deemed necessary, offsite 2 road improvements in accordance with Item Nos. 15 and 27 of the 3 conditions of approval of the Cottonwood Hills Specific Plan, 4 subject to the conditions and limitations contained therein. 5 6 II. 0 Upon completion of improvements to the facilities 7 described in II.A and II.B above and upon final inspection of 8 said improvements for use and maintenance and assume 9 responsibility for same. 10 11 III .A Inasmuch as the total costs to Developer to construct 12 Railroad Canyon Road, Cottonwood Hills Road, Cottonwood Canyon 13 Road, Lost Road and Holland Road exceeds $18, 000, 000; and whereas 14 the total estimated "City Traffic Impact Fee" which would 15 otherwise be paid by Developer is estimated to be $6, 000, 000 16 (based on the current fee rate of $1, 050 on every multiple-family 17 unit, $1, 500 for every single-family unit, and $19,750 per acre 18 on every non-residential land use) , the City acknowledges that 19 due to its requirements for completion of these roads, Cottonwood 20 Hills shall be exempt from the "Traffic Impact Fee". Because a 21 substantial portion of the facilities are being constructed in 22 advance of fees being paid, this initial excess investment is 23 recognized to offset any future increases in fees. 24 25 III. B By virtue of Cottonwood Hills' participation in the 26 road improvement projects described in III.A above, Cottonwood 27 Hills is exempted from participation in any future City-wide, 28 subregional, or equivalent road improvement program or freeway CO MBDA.010 3 [5-9-90] 1 interchange improvement program except for improvements contained 2 in the Railroad Canyon Road Benefit Reimbursement District 3 Ordinance. 4 5 IV. OPEN SPACE 6 7 IV.A Public natural open space and naturalized open space 8 including fuel modification areas as designated in the Specific 9 Plan shall be deeded in fee to the City for ownership, use, and 10 maintenance and accepted by the City for said purposes. Said 11 areas shall be maintained by a new Cottonwood Hills Open Space 12 Maintenance District or equivalent, which will be formed either 13 as a new separate district created by the City or as a sub- 14 district of the existing City-Wide Landscaping and Street Lighting 15 District. Developer shall cooperate with the City in creating 16 said new district or sub-district over the project. 17 18 IV. B Parkways and medians within "principal public streets" 19 rights-of-way, plus expanded parkways within planning units 20 abutting principal public streets, as well as Railroad Canyon 21 Road, shall be improved by Developer as described in the Specific 22 Plan. "Principal public streets" for purposes of this section 23 are defined as Cottonwood Hills Road, Holland Road, Cottonwood 24 Canyon Road, Lost Road, and Cottonwood Hills Road, all within the 25 limits of the Specific Plan area. Upon completion of landscaping 26 improvements, the City shall accept said improvements for use and 27 maintenance. Thereafter, maintenance shall be assumed by the new 28 002P3$DA.010 4 [5-9-90) 1 Cottonwood Hills Open Space Maintenance District, or equivalent, 2 as defined in Paragraph IV.A. 3 4 V. PARKS 5 6 V.A In addition to open space discussed in Paragraph IV 7 above, the development shall include four park sites as set forth 8 in the Specific Plan; two 5-acre Neighborhood Parks designated 9 Planning Unit (P.U. ) 7 and 27, one 27.7 acre Community Park 10 designated P.U. 18, and one 4.4 acre Parkway Park. Dedication 11 and development of the four park sites shall be in accordance 12 with the following: 13 14 (a) Developer shall dedicate all four park sites to the 15 - City in fee. Dedication of each park shall be made 16 prior to occupancy of the first dwelling unit within 17 the respective phase in which each park is located, or 18 at an alternative time as mutually agree in writing. 19 (b) Developer shall rough grade all four park sites to 20 provide developable pads in accordance with guidelines .21 contained in the Specific Plan. Timing for the grading 22 of the parks may be either before or after dedication 23 of the land, but shall be no later than occupancy of 24 the first dwelling unit within the respective phase in 25 which each park is located unless otherwise mutually 26 agreed in writing. It is intended that the timing for 27 grading of the park site to coincide with the grading 26 of the adjoining planning unit. 002MDA.010 5 (5-9-901 1 (c) Developer shall construct at no charge to City all 2 street improvements of any frontage streets adjoining 3 all four parks, including sewer and water connections, 4 storm drainage, electrical power, street lights, curbs, 5 sidewalks and paving. The timing of the street 6 improvements shall be coincident with the improvements 7 to the planning unit immediately adjacent to the park, 8 but no later than occupancy of the first unit within 9 the respective phase in which each park is located, or 10 at an alternative time as mutually agreed in writing. 11 (d) Developer shall construct all infrastructure facilities, 12 including arterial and major streets, trunk sewer, water 13 reservoirs and transmission mains and pumps, major 14 drainage systems and other backbone facilities which 15 support the park sites. The City shall not be charged 16 for any portion of those infrastructure costs which 17 might otherwise be considered applicable to the park 18 sites. 19 (e) Developer shall construct on-site park improvements and 20 landscaping in accordance with the guidelines contained 21 within the Specific Plan and to standards acceptable to 22 City per the development program described below. 23 Installation of improvements and landscaping for the 24 Neighborhood Park within Phase I shall be completed no 25 later than occupancy of the 300th unit within the 26 Specific Plan, and the remainder of the parks shall be 27 completed no later than occupancy of the thirtieth 28 (30th) dwelling unit within the phase in which each of 002P3BDA.010 6 (5-9-90) 1 the subsequent parks is located, or at an alternative 2 time as mutually agreed in writing. 3 V.B Park Development Program: 4 (a) Developer shall improve and landscape the two 5. 0 acre 5 Neighborhood parks designated Planning Units 7 and 27 . 6 For purposes of this section, "development cost" shall 7 include all landscaping, irrigation, equipment and other 8 construction costs, reasonable design and construction 9 survey expenses, plus City inspection fees or other 10 special fees related to the park development. Developer 11 will not be required to expend more than $450, 000 in 12 development costs for each park. 13 (b) Developer shall improve and landscape a portion of the 14 27 .7 acre Community Park designated Planning Unit 18 . 15 _ Developer will not be required to expend more than 16 $600, 000 in development costs for this park. 17 (c) Developer shall provide creek enhancement improvements, 18 including fine grading, landscaping, irrigation, and 19 other measures, to the westerly 7. 6 acres of the 27.7 20 acre Community Park designated in the Specific Plan as 21 Cottonwood Creek Riparian Area. Developer will not be 22 required to expend more than $150 , 000 in development 23 costs for this area. 24 (d) Developer shall provide creek enhancement improvements 25 including fine grading, landscaping, irrigation, and 26 other measures, to the 4.4 acre Parkway Park designated I 27 Planning Unit 17. Developer will not be required to i 28 COMBDA.010 7 I [5-9-901 1 expend more than $85, 000 in development costs for this 2 area. 3 (e) In all instances costs associated with park improvements 4 noted in Paragraphs V.B (a) through (d) above are 1990 5 dollars and shall be adjusted annually in accordance 6 with the Engineering News Record Construction Index 7 - until the year in which onsite improvement park 8 construction commences on each park. 9 10 V.0 As a result of providing parks as described in Section 11 IV above the Developer shall be exempt from paying all City Park 12 Fees. 13 14 VI. Developer shall have the right to negotiate an agreement 15 with a cable television company. City will cooperate to aid 16 Developer to become a party to an agreement with a cable 17 television company, and will grant the appropriate franchises to 18 the cable television company selected by Developer. 19 20 VII. City currently has a storm drain capital improvement fee or 21 downstream runoff mitigation fee. The limit of fees for such 22 improvements shall be $0. 02 (two cents) per square foot of area 23 of developable lots. Developer shall have the election to 24 construct an appropriate storm drain system to protect the 25 Property and to provide for outflow to existing natural water 26 courses in lieu of paying any capital improvement or downstream 27 runoff mitigation fee. 28 002P3BDA.010 8 (5-9-901 1 VIII. Developer is not responsible for any improvements to, or 2 maintenance of, trail corridors that may be described in the 3 Specific Plan. Provision of a trail corridor doe not imply 4 construction or right to use until such time as a trail program 5 is implemented by the City. 6 7 IX.A The existing City Fire Stations will be capable of 8 providing coverage for the area along Railroad Canyon Road and 9 approximately 3/4 of a mile south along Cottonwood Hills Road. 10 Therefore, prior to issuance of any building permits beyond Phase 11 I or the Open Phase lying north of Railroad Canyon Road, a site 12 shall have been selected by the City east of I-15 and a fire 13 station shall have been constructed and be in operation. 14 15 IX.B The maximum fee payable to City for fire protection 16 services and facilities shall be $150 per unit for residential 17 units, or $0. 15 (15 cents) per square foot for commercial building , 18 areas. In lieu of paying such fees, Developer may elect to enter 19 into an agreement with the City, or with other developers and the 20 City, to establish a Fire Protection District which would provide 21 for fire station facilities and equipment capable of providing 22 services to the Cottonwood Hills development in its entirety as 23 set forth in Paragraph IX.A. above. Developer will not be 24 required to expend more than $750, 000 in participation for the 25 aforementioned Fire Protection District. Participation in the 26 Fire Protection District to construct said fire station shall 27 constitute the entire obligation of Developer with respect to 28 provision of facilities and will relieve all future residential, 002P3BDA.010 9 [5-9-901 i 1 commercial and institutional development from obligation for fire 2 protection fees. 3 4 X. The City shall contract for a progressive increase in police 5 services from the General Fund or City-wide Services District or 6 similar to provide an adequate level of service to the Specific 7 Plan area. This Agreement shall not preclude City from imposing 8 a special police impact fee, provided said fee is imposed 9 Citywide. 10 11 XI. In the event mitigation is required for possible impact on 12 the Kangaroo Rat species habitat, Developer shall pay to City, or 13 to any district established for the purpose of a Kangaroo Rat 14 Mitigation Program, as a mitigation fee towards that program. 15 Said fee shall be based on the area shall be based upon the 16 ordinance in effect at the time of issuance of building permits. 17 18 XII . Developer shall pay to the City in conjunction with each 19 building permit a fee of $150 per residential dwelling unit as 20 full mitigation for the impacts of the project upon library 21 services. 22 23 XIII. Except as expressly set forth herein, Developer shall not 24 be responsible for any development impact fees, except a fee for 25 costs of providing a service, other than fire protection, which 26 fee is applied and charged throughout the City. No such fee may 27 28 002P3BDA.010 10 [5-9-901 I 1 be charged to Developer for costs related to capital facilities 2 or infrastructure. No fee described herein shall be increased 3 except as provided in this Agreement. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 002P3BDA.010 1 1 i (5-9-901 ORDINANCE NO. 892 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. 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 Rialto Development Corporation on April 4, 1990, 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 April 24, 1990, and found that (1) the Development Agreement is consistent with the City' s General Plan and the Ramsgate Specific Plan and (2) the previously certified environmental impact report prepared for the Ramsgate 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 Rialto Development Corporation, 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 22nd day of May, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER PASSED, APPROVED AND ADOPTED this 12th day of June, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMIIY: UEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: N014E ABSTENTIONS: COUNCILMEMBERS: W JKLER c Ga M. Washburn, Mayor i y of Lake Elsinore ATTEST: Vicki Lyn Lynrfe, K«sad, City Clerk City of Lalte Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: e k �,� John R. arp r City Attorney City of Lake E sinore t STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS : CITY OF LAKE ELSINORE ) i I, Vicki Lynne Kasad, City Clerk of -the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 22 , 1990, and had its second reading on June 12 , 1990 and was passed by the following vote: AYES : COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER r VICKI LYNN KASAD, CITY CLERK CITY OF LA 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. 892 of said Council, and that the same has not been amended or repealed. DATED: June 12 , 1990 VICKI LYNNE SAD, CITY CLER CITY OF LAK ELSINORE (SEAL) RECORDING REQUESTED BY AND CITY OF LAKE ELSINORE WHEN RECORDED MAIL TO: REVISION 5/1/90 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE i AND i RIALTO DEVELOPMENT CORPORATION, which does I business as LD JOHNSON COMPANIES i FOR RAMSGATE DATED: i 1 TABLE OF CONTENTS Page 2 3 1. PARTIES AND DATE . . . . . . . . . . . . . . . . . . . . 1 4 2 . DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . 1 5 3 . RECITALS . . . . . . . . . . . . . . . . . . . . . . . . 3 ' 6 3 . 1 Property . . . . . . . . . . . . . . . . . . . . . 3 7 3 . 2 Legal Authority . . . . . . . . . . . . . . . . . . . 3 8 3 . 3 . Consistency Finding . . . . . . . . . . . . . . . 4 9 3 .4 Status of Project . . . . . . . . . . . . . . . . . 4 10 3 . 5 Consideration . . . . . . . . . . . . . . . . . 4 11 4 . DEVELOPER PROVIDED AMENITIES . . . . . . . . 6 12 4 . 1 Description of Amenities . . . . . . . . . . . . 6 13 4 . 1. 1 Development Agreement Fee . . . . . . . . . 6 14 4 . 1. 2 Feasibility Study . . . . . . . . . . . . . 7 15 4 . 1. 3 Sales Tax Situs . . . . . . . . . . . . . . 7 16 4 . 1. 4 School Site . . . . . . . . . . . . . . . . 7 17 4 . 1. 5 Park Site . . . . . . . . . . . . . . . . . 8 18 4 . 1. 6 Affordable Housing . . . . . . . . . . . 11 19 5. DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . 11 20 5 . 1 Schedulin . . . . . . . . . . . . . . . . . . . . . 11 21 5. 2 Periodic Review . . . . . . . . . . . . . . . . . . 12 22 23 5 . 3 Certification of -Completion Completio . . . . . . . . . . . . 12 6 . VESTED RIGHT . . . . . . . . . . . . . . . . . . . . . . . 13 24 25 6. 1 Vesting . . . . . . . . . . . . . . . . . . . . . . 13 6. 1. 1 No Conflicting Enactments . . . . . . . . . 13 26 6. 1. 2 Intent of Parties . . . . . . . . . . . . . 13 27 6. 1. 3 Grading . . . . . . . . . . . . . . . . . . 14 28 i i 1 7 . GENERAL DEVELOPMENT OF THE PROJECT . . . . . . . . . . 15 2 7 . 1 Project . . . . . . . . . . . . . . . . . . . . . 15 i 3 7. 2 Effect of Agreement on Land Use Re ulations . . 15 4 7 . 3 Operating Memoranda and Amendments . . . . . . . . 16 5 7. 3 . 1 Alteration of Permitted Uses . . . . . . . . 17 6 7 . 3 . 2 Increase in Density or Intensity . . . . . . 17 7 7 . 3 . 3 Increase in Height and size . . . . . . . . 17 8 7 . 3 . 4 Deletion of Reservation Requirements . . . . 17 I 9 7. 3 . 5 Supplemental Environmental. Review . . . . . 17 10 8 . RULES, _REGULATIONS AND OFFICIAL POLICIES . . . . . . . . 17 11 8 . 1 New Rules . . . . . . . . . . . . . . . . . . . . 17 12 8 . 1. 1 Processing Fees . . . . . . . . . . . . . . 17 13 8 . 1. 2 Procedural Regulations . . . . . . . . . . . 18 14 8 . 1. 3 Regulations Governing Construction 15 Standards . . . . . . . . . . . . . . . . 18 16 8. 1. 4 Nonconflicting Regulations . . . . . . . . . 18 17 8 . 1. 5 Certain Conflicting Regulations . . . . . . 18 18 8 . 2 Subsequent Actions and Approvals . . . . . . . . . 18 19 8 . 3 State and Federal Laws . . . . . . . . . . . . . . 18 20 8 . 4 Police Power and Taxing-Power . . . . . . . . . . 19 21 8 . 5 Life of Subdivision or Parcel -Maps . . . . . . . . 19 22 9 . COOPERATION AND COVENANT OF FURTHER ASSURANCES . . . . . 19 23 9 . 1 Third Party Actions . . . . . . . . . . . . . . . . 19 24 9 . 2 Further Assurances . . . . . . . . . . . . . 20 25 9. 3 Processing . . . . . . . . . . . . . . . . . . . . 20 26 9 . 3 . 1 Schedulin 21 27 9 . 3 . 2 Processing . . . . . . . . . . . . . . . . . 21 28 9. 4 Other Governmental Permits . . . . . . . . . . . . 21 ii I 1 9 . 5 Financing of Public Facilities and/or Services 22 2 9 . 6 Utilities Coordination . . . • • . . . . . . . . . 24 f 3 9 . 7 Covenant of Good Faith and Fair Dealing 24 4 9. 8 Stephens Kan aroo Rat . . . . . . . . . . . . . . 24 5 9 .9 Highway 74 Realignment 6 10. PERMITTED DELAYS . . . • • . 25• • . . . . • . • 7 11. ESTOPPEL CERTIFICATES . . . . . . . . . . . . . . . . . 26 8 12 . RECORDATION BY CITY CLERK 26 9 13 . DEFAULT . . . . . . . . . . . . . . 26 10 13 . 1 Events of Default . . . . . . 26 . . . . . . . . . . 11 13 . 2 Remedies . . . . . . . . . . . . . . . 27 12 13 . 3 No Waiver . . . . . . . . . . . . . . . . . . 27 13 13 .4 Effect of Termination . . . . . . . . . . . . . . 28 14 14 . INCORPORATION BY REFERENCE . 28 . . . . . . . . . . . . . 15 14 . 1 Recitals . . . . . . . . . . . . . . . . . . . . 28 16 14 . 2 Exhibits . . . . . . 28 17 15. APPLICABLE LAW . . . . . . . . . . . . . 29 181 16. NO JOINT VENTURE PARTNERSHIP OR THIRD PARTY 19 BENEFICIARY . . . . . . . . . . . . . . . . . . . . . . 29 20 1.7 . ADDRESSES FOR NOTICES . . . . . . . . . . . . . . . . • 29 21 18 . COVENANTS RUNNING WITH THE LAND . . . . . . . . . . . . 30 22 19 . CONSISTENCY FINDING . . . . . . . . . . . . . . . 31 23 20. TERMS AND CONSTRUCTION . . . . . . . . . . . . . . . . . 31 24 20 . 1 Severability . . . . 31 . . 25 20. 2 Entire Agreement . . . . . . . . . . . . . . . . . 31 26 20. 3 Signature Pages . . . . . . . . . . . . . . . . . 32 27 20. 4 Time . . . . . . . . . . . . . . . . . . . . . . . 32 28 21. CONSENT OF OTHER PARTIES . 32 . . . . . . . . . . . . . i 1 22 . ASSIGNMENT AND NOTICE . . . . . . . . . . . . . . . . . 32 2 23 . ENCUMBRANCES AND RELEASES ON REAL PROPERTY . . . . . . . 33 i 3 23 . 1 Discretion to Encumber . . . . . . . . . . . . . . 33 4 23 .2 Entitlement to Written Notice of Default . . . . . 34 5 23 . 3 Property Subject to Pro Rata Claims . . . . . . . 34 6 23 .4 Releases . . . . . . . . . . . . . . . . . . . . . 34 7 24 . CONSTRUCTION, NUMBER AND GENDER . . . . . . . . . . . . 34 8 25. INSTITUTION OF LEGAL ACTION . . . . . . . . . . . . . . 35 9 26. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 35 10 26. 1 Compensation Insurance . . . . . . . . . . . . . . 36 11 26. 2 Public Liability and Property Damage Insurance 37 12 SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 NOTARY ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . 38 14 EXHIBIT "A" - Property 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iv i I DEVELOPMENT AGREEMENT BETWEEN 2 THE CITY OF LAKE ELSINORE 3 AND RIALTO DEVELOPMENT CORPORATION, which does 4 business as LD JOHNSON COMPANIES FOR 5 RAMSGATE 6 7 1. PARTIES AND DATE 8 The parties to this Development Agreement ("Agreement") are 9 the City of Lake Elsinore, California, a municipal corporation 10 ("City") , and Rialto Development Corporation, a Texas 11 corporation, which does business as LD Johnson Companies, 12 ("Developer") . The project to which this Agreement applies is 13 commonly known as Ramsgate. This Agreement is made and entered 14 into on C� 1990. l 15 16 2 . DEFINITIONS 17 2 . 1 "Agreement" means this Development Agreement. 18 2 . 2 "DU/Acre" means dwelling unit per acre. 19 2 . 3 "CEQA" means the California Environmental Quality Act 20 of 1970 (California Public Resources Code Section 21000 et-sett. ) 21 and the state CEQA Guidelines (California Code of Regulations, 22 Title 14 , Section 15000 et sect. ) . 23 2 . 4 "City" mean the City of Lake Elsinore, including its 24 officials, officers, employees, commissions, committees and 25 boards. 26 2 . 5 "City Council" means the duly elected City Council of 27 the City. 28 2 . 6 "Community Park" means a 31. 0 Ac Gross/23 . 0 Ac Net park 1 1 in Phasing Area 1B,. for the enjoyment of residents of the 2 Property, as well as residents of areas outside the Property. 3 2 . 7 "Developer" mean Rialto Development Corporation, which 4 does business as LD Johnson Companies, and its successors in 5 interest to all or any part of the Property. i 6 2 . 8 "Development" means the construction and/or 7 installation of structures, improvements and facilities 8 comprising the Project as set forth in this Agreement including, 9 without limitation, grading, the construction of infrastructure 10 and public facilities related to the Project (whether located 11 within or outside the Property) , the construction of buildings 12 and the installation of landscaping. 13 2 . 9 "Development Approval" and "Existing Development 14 Approval" means the Specific Plan. 15 2 . 10 "Development Impact Fee" means any fee adopted 16 citywide that relates to the provision of public infrastructure, 17 facilities or services which is applied to all development 18 projects in the city and which is not subject to abatement or 19 reduction. 20 2 . 11 "Effective Date" means the date this Agreement is 21 recorded in the records of the Riverside County Recorder. . 22 2 . 12 "'"'EIR"' means an environmental impact report for the 23 Project in accordance with the provisions of CEQA. 24 2 . 13 "Existing Land Use Ordinance" means the Specific Plan 25 and, to the extent applicable and not inconsistent with the 26 Specific Plan, the City's rules, regulations, official policies, 27 taxes and fee programs including, without limitation, the City's 28 general plan and zoning, subdivision and building regulations, 2 1 wh ether adopted by the City Council or by the voters in an � 2 initiative, which are in effect as of the Effective Date hereof. 3 2 . 14 "Government Code" means the California Government. 4 2. 15 "LAFCO" means the Riverside County Local Agency 5 Formation Commission 6 2 . 16 "Neighborhood Park" means a Ac Gross/5. 0 Ac 7 Net park in Phasing Area 2 of the Project, 2 acres of which will 8 be subject to joint use by the students and faculty of an 9 adjacent school . 10 2 . 17 "Phasing Area" means an area shown in the phasing map 11 which is included in the Specific Plan. 12 2 . 18 "Project" means the development project described in 13 this Agreement and the Specific plan. 14 2 . 19 "Property" means the real property which is the 15 subject of this Agreement and which is described in Section 3 . 16 2 . 20 "Specific Plan" means the Ramsgate Specific Plan as 17 amended. 18 2 . 21 "Turn Key" means completion of an improvement to 19 either the Community Park or the Neighborhood Park in accordance 20 with City standards including, without limitation, City building 21 standards, as of the effective date hereof and dedication of such 22 improvements to the City. 23 3 . RECITALS 24 3 . 1 Property. The Developer is the fee owner of the 25 Property which is located in the municipal limits of the City and 26 which is most particularly described in EXHIBIT "A" . 27 3 . 2 Legal Authority. Government Code Section 65864 et seq. 28 authorize the City to enter into development agreements in 3 I, i I 1 connections with the development of real property in the City. 2 This Agreement is made and entered into pursuant to those 3 provisions of state law. 4 3 . 3 . Consistency Findinct. By approving and executing this 5 Agreement, the City finds that its provisions are consistent with 6 the City's General Plan and with the SpecifiC Plan, and the City 7 further finds and determines that execution of this Agreement is 8 in the best interests of the public health, safety and general 9 welfare of the City's present and future residents, property 101 owners and taxpayers. 11 3 .4 Status of._Project. The Developer is in the process of 12 planning, financing and preparing for the Development, which is a 13 large scale, mixed use, phased development of some 3137 dwellings 14 and related schools, open space and recreational uses on 15 approximately 1, 190 acres in the City and which is more 16 particularly described in the Specific Plan and the EIR. 17 Pursuing the Development as contemplated by the Specific Plan and 18 providing the mitigation set Forth in the EIR will require major 19 investment by the Developer in public facilities and on-site and 20 off-site improvements. The Development has been analyzed and 21 reviewed by the City as part of its process of granting 22 development approvals, in view of the enacted land use standards 23 and policies of the City embodied in its Existing Land Use 24 Ordinance and in view of State law including, without limitation, 25 CEQA. 26 3 . 5 Consideration. The Cityhas determined termined that entry into 27 this Agreement will further the goals and objectives of the 28 City' s land use planning policies, by eliminating uncertainty in 4 i 1 planning for the orderly development of the project, to the end 2 that adequate long term plans regarding the provision of 3 "necessary infrastructure for existing and future city residents 4 can be developed and implemented. The City has further determined 5 that entry into this Agreement will provide the maximum effective 6 utilization of the resources of the City, at the least economic 7 cost to its citizens. Without limiting the generality of the 8 foregoing, the benefits conferred by the Developer pursuant to 9 this 'Agreement will help increase traffic capacity for the road 10 system of the City and will facilitate the installation of 11 certain other vital public improvements, both of which will 12 significantly promote the health, safety and general welfare of 13 present and future residents of the City. 14 In exchange for these benefits to the City and its 15 residents, the Developer wishes to receive the assurances 16 permitted by State law that the Developer may proceed to develop 17 the Project in accordance with the Specific Plan and its existing 18 financial and contractual commitments, and at a rate of 19 development of its choosing, subject to the terms and conditions 20 of this: Agreement. In that regard, the City acknowledges that the 21 project is and shall be considered a single, integrated 22 development project and that each phase of the Project is and 23 shall be dependent upon the completion and occupancy of each 24 other phase of the Project and the full performance of this 25 Agreement by the City. 26 The assurances provided by the City and the Developer to 27 each other in this Agreement are being provided pursuant to and 28 as contemplated by State law, are bargained and in consideration 5 1 for the undertakings of the parties, and are intended to be and 2 have been relied upon by the parties to their detriment, such i 3 that the Developer will be deemed to have a vested interest in 4 the Specific Plan, which will be the controlling land use plan 5 for the Project. 6 4 . DEVELOPER PROVIDED AMENITIES i 7 4 . 1 Description of Amenities. The City and the Developer 8 agree that the following amenities and improvements being 9 provided by the Developer and others as part of the planning, 10 financing and Development of the Project, will result in 11 substantial general public benefit. The following is a general 12 description of those amenities and improvements. 13 4. 1. 1 Development Agreement Fee. The Developer will 14 pay a special fee which will be called a Development Agreement 15 Fee ("DAG") , at the time of issuance of building permits, to be 16 used to fund the cost of municipal capital facilities and 17 improvements and municipal public services including, without 18 limitation, a civic center, a police station, a fire station, a 19 library, cultural facilities, senior citizen facilities, 20 recreational facilities and a corporate yard. The DAG will be in 21 the amount of $2 , 000. 00 per residential dwelling unit or 22 $5,700, 000, whichever is greater. Without limiting the discretion 23 of the City, the City expects that one-half of the DAG will be 24 used within the area which is the subject of the Specific Plan 25 and one-half of the DAG may be used anywhere in the City. The DAG 26 will not be subject to increase for any reason whatsoever and 27 will constitute the sole DAG that the Developer will be required 28 to pay. Upon reasonable request by the Developer, the City will 6 1 provide the Developer with a periodic accounting setting forth 2 the amount of the DAG levied and collected by the City pursuant 3 to this Agreement and the specific purposes and/or projects for 4 which the DAG has been expended. 5 4 . 1. 2 Feasibility Study. Within 3 months after the 6 Effective Date hereof, the Developer will pay the sum of 7 $100, 000. 00 to the City, which will be used for the purpose of 8 preparing a report to study the feasibility of a permanent civic 9 center site for the City including, without limitation, the most 10 feasible location of the civic Center and the most feasible means 11 of financing the same. I 12 4 . 1. 3 Sales Tax Situs. The Developer, shall cooperate 13 to the extent feasible to work with City and the Lake Elsinore 14 Foundation to keep the point of sale of products which are 15 incorporated into the Project, in the municipal limits of the 16 City. 17 4 . 1. 4 School Site. The Developer will convey to the 18 Lake Elsinore School District of Riverside County, a school site 19 (8 . 2 Ac Gross/8 . 00 Ac Net) in phasing Area 1B of the project, - 20 which will be contiguous to the Community Park site referred to 21 in Section 4 . 1. 5. The Developer will also convey to the Lake 22 Elsinore School District of Riverside County, a school site (14 . 0 23 Ac Gross/9 . 8 Ac Net) in Phasing Area 2 of the Project, which will 24 be contiguous to the Neighborhood Park site referred to in 25 Section 4 . 1. 5. The Developer will convey both of such school 26 sites in a fine graded hydroseeded and irrigated condition and 27 otherwise on such terms and conditions as are mutually agreed 28 between the Developer and the Lake Elsinore School District of 7 �I I Riverside County; provided, however, that such school sites will 2 be irrigated according to standards which are applicable to large ' 3 scale open space and p p provided further that in no event will the 4 Developer be required to spend more than $750, 000 with respect to 5 such improvements. The City will take such steps as may be 6 necessary to cause the owner of each project which is adjacent to 7 the Property and which does not provide either a Park Site or a 8 School Site, to pay all park fees which are required by the 9 Quimby Act or by City Ordinance, at the time of recordation of 10 the first subdivision map or parcel map with respect to such 11 project and, using such park fees, will reimburse the Developer 12 with interest at the legal rate. The City acknowledges that the 13 future availability of the first mentioned school site for joint 14 use by the City after the conveyance by the Developer to such 15 School District, will be subject to mutual agreement between the 16 City and such School District. The City also acknowledges that 17 the Developer has previously conveyed a 10 acre school site to 18 the Lake Elsinore School District, the City will use its best 19 efforts to assist the Developer in negotiating an exchange of 20 such second mentioned school site for the 10 acre school site 21 which was previously conveyed by the Developer to such School 22 District. 23 The graded, turfed and irrigated school site located in 24 Tract 25479 will be operational by the issuance of the 100th 25 certificate of occupancy of said tract. The graded, turfed and 26 irrigated school site will be in Tract 25475 will be operational 27 by issuance of the 100th certificate of occupancy of said tract. 28 4 . 1. 5 Park Site. Subject to the provisions of this 8 i 1 Section 4 . 1. 5, the Developer will convey a Turn Key Community j 2 Park site to the City, which will include 4 lighted ball fields 3 and l lighted soccer fields, concurrently with the opening of the 4 first model complex for the Project, provided, however, that the 5 Developer will not be required to spend more than $1, 500, 000. 0o 6 with respect to the same. In addition, no later than the 7 issuance by the City of the 500th certificate of occupancy with 8 respect to single family detached dwellings in the Project, the 9 Developer will install the remaining facilities in the Community 10 Park, including tennis courts, baseball diamonds, soccer fields 11 and basketball courts, but excluding a community building and 12 related facilities; provided, however, that except for a 13 community building and related facilities, the City will have the 14 right to substitute facilities in the Community Park on the 15 approval of the Community Development Director of the City and 16 provided further that the Developer will not be required to spend 17 more than $2 , 850, 000. 00 with respect to all of the aforementioned 18 Community Park facilities, including the aforementioned grading, 19 irrigation, hydroseeding, lighted ball fields and lighted soccer 20 fields. The Community Park site will be developed in accordance 21 with current applicable City requirements including, without 22 limitation, City design and building requirements. Before the 23 first subdivision map or parcel map for the Project is recorded, 24 the City and the Developer will use their best efforts to obtain 25 the approval of the City Council of concept plans for the 26 Community Park site. Improvement of the Community Park site will 27 be funded from the DAG which the Developer will advance with 28 respect to the first 1, 425 residential dwelling units in the 9 i k C i 1 Project, which will account for the aforementioned $2 ,850, 000. 00 2 maximum Developer. expenditure with respect to facilities at the 3 Community Park site, and any remaining costs of improvement of 4 the Community Park site including, without limitation, the cost 5 of any community building and related facilities, will be funded 6 using one of the mechanisms which is referred to in Section 9 . 5. 7 The City and the Developer will jointly endeavor to implement 8 such funding as may be necessary to pay the cost of such 9 community building and related facilities,on or before the 10 issuance by the City of the 1000th certificate of occupancy with 11 respect to single family detached dwellings in the Project. All 12 expenditures with respect to improvements to the Community Park 13 site will be subject to review and approval by the Community 14 Development Director of the City. 15 In Addition, in further satisfaction of the Developer's 16 obligations under the Quimby Act or the applicable City 17 Ordinance, the Developer will convey the Neighborhood Park site 18 to the City, in a fine graded, hydroseeded and irrigated 19 condition, by the opening of the first model complex for Tract 20 25475; provided however, that such Neighborhood Park site will be 21 irrigated according to standards which are applicable to large 22 scale open space and provided further that in no event will the 23 Developer be required to spend more than $250, 000. 00 with respect 24 to fine grading, hydroseeding, and irrigating such Neighborhood 25 Park site. The City will take such steps as may be necessary to 26 cause the owner of each project which is adjacent to the Property 27 and which does not provide either a park site or a school site, 28 to pay all park fees which are required by the Quimby Act or by 10 i I City ordinance, at the time of recordation of the first 2 subdivision map or parcel map with respect to such project and, 3 using such park fees, will reimburse the ;Developer, with interest 4 at the legal rate. 5 4 . 1. 6 Affordable Housing. The developer will provide 6 its fair share of affordable housing within the multi-family 7 zones of the Specific Plan pursuant to California Health and 8 Safety Code Sections 50079 . 5 and 50105. If area within the 9 multi-family zones prove deficient, areas with Commercial zones 10 shall be utilized. The total number of affordable units in the i 11 low and' very low income ranges, as determined by the County 12 median average, shall be 157 units. The affordable mix between 13 low and very low income ranges shall be based on the current 14 Housing Element standards. The affordable housing shall begin 15 construction upon the completion of 50% of the Specific Plan's 16 total units certificates of occupancy and shall be completed upon 17 the completion of 75% of the Specific Plan's total units 18 certificates of occupancy. 19 The City will assist the Developer in providing its fair '20 share of affordable housing by providing access to available 21 redevelopment set aside funds at the outset of the developer's 22 affordable .housing project. Other economic incentives such s 23 bond assistance, reduction of development standards, etc. , may be 24 offered at the discretion of the City. 25 The developer will be responsible for implementing changes 26 that from time to time may occur to the City's Housing Element, 27 where. such changes occur on a city wide equitable basis. 28 The affordable units shall remain in the affordable 11 i i I categories as long as the City of Lake Elsinore has a regional i 2 affordable housing requirement. 3 5. DURATION OF AGREEMENT 4 5. 1 Scheduling. Pursuant to Government Code section i 5 64865.2 , the duration of this Agreement will be for 15 calendar 6 years from and after-the Effective Date hereof. Although 7 Development of the Project will be undertaken as soon as 8 reasonably practicable, the City and the Developer acknowledge 9 that the Developer cannot at this time accurately predict the 10 time schedule within which Development of the Project will occur, 11 except that it is in the Developer's present reasonable 12 expectation that it will be completed within the aforementioned 13 15 year period. Decisions with respect to the rate of Development . 14 of the Project will depend on a number of circumstances not 15 within the control of the Developer including, without 16 limitation, market factors, demand, the state of the economy and 17 other matters. Therefore, so long as Development of the Project 18 occurs in a manner consistent with the City's Existing Land Use 19 Ordinance and this Agreement, the Developer will have the right 20 to pursue the Development of the Project at the rate and in the 21 sequence deemed appropriate by the Developer within the exercise 22 of its sound business judgment. For purposes of this Agreement, 23 completion of the Project will mean the date on which a 24 certificate of occupancy or comparable instrument issued by the 25 City for the last improvement or structure constructed pursuant 26 to. this Agreement. Following the expiration of the aforementioned 27 15 year term, this Agreement will be deemed terminated and of no 28 further force and effect. 12 i 1 5. 2 Periodic Review. The City will , in accordance with 2 applicable State law, review this Agreement at least once every i 3 12 months from and after the Effective Date hereof. During each 4 such periodic review, the City and the Developer will have the 5 duty to demonstrate their good faith compliance with the terms i 6 and conditions of this Agreement. Both parties agree to furnish 7 such evidence of good faith compliance as may be reasonably 8 necessary, or required. The City's failure to review the 9 Developer's compliance with this Agreement, at least annually, 10 will not constitute or be asserted by either party as a breach by i 11 the other party. 12 5. 3 Certification of Completion. Promptly upon completion 13 of the Project, the Developer will submit a draft letter of 14 completion for review by the City. Upon review, the City will 15 provide the Developer with a letter of completion so certifying. 16 this certification will be a conclusive determination that the 17 obligations of the Developer pursuant to this Agreement have been 18 met. The certification will be in a form that will allow it to be 19 recorded - in the Records of the Riverside County Recorder. 20 6. VESTED RIGHT 21 6. 1 Vesting. By entering into this Agreement and relying 22 thereon, the Developer is obtaining the vested right to proceed 23 with the Project in accordance with the Development Approval and 24 this Agreement, but subject to any remaining discretionary 25 approvals of the City required in order to complete the Project 26 as contemplated by the Development Approval and this Agreement 27 (which discretion will be exercised reasonably and in accordance 28 with the terms of this Agreement) . By entering into this 13 i I Agreement and relying thereon, the City is securing certain 2 public benefits which help to alleviate potential problems in the 311 City and enhance the public health, safety and welfare of 4 existingand future City residents. In view of the foregoing, 5 the City agrees to the following: 6 6. 1. 1 No Conflicting Enactments. Neither the City 7 Council nor any other agency or department of the City will enact 8 an ordinance, policy, rule, regulation or other measure 9 applicable to the Project which relates to the rate, timing or 10 sequencing of the development or construction of all or any part 11 of the Project or which is otherwise in conflict with this i 12 agreement. 13 6. 1. 2 Intent of Parties. In addition to and not in 14 limitation of the foregoing, no moratorium or other limitation 15 (whether relating to the rate, timing or sequencing of the 16 Development of all or any part of the Project and whether or not 17 enacted by initiative or otherwise) , affecting parcel or 18 subdivision maps, building permits, site development permits, 19 special use permits, occupancy certificates or other entitlement 20 to use, which has been approved, issued or granted in the City, 21 or in parts of the City, will apply to the Project to the extent 22 such moratorium or other limitation is in conflict with this 23 Agreement. Notwithstanding the foregoing, if an ordinance, 24 general plan or zoning amendment, measure, moratorium, policy, 25 rule, regulation or other limitation enacted by citizens of the i 26 City through the initiative process, is determined by a court of 27 competent jurisdiction to invalidate or prevail over all or any 28 part of this Agreement, then the Developer will have no recourse 14 1 against the City pursuant to this Agreement, but will retain all 2 other rights, claims and causes of action at law or in equity 3 which the Developer may have independent of this Agreement. 4 However, the foregoing will not be deemed to limit the 5 Developer's right to appeal any such determination of such 6 ordinance, general plan or zoning amendment, measure, moratorium, 7 policy, rule, regulation or other limitation. The foregoing will 8 also not be deemed to limit the effect of Section 20. 1. 9 6. 1. 3 Grading. Without limiting the effect of any 10 other provision of this Agreement, the Developer will have the it right to begin grading the Property at any time after the 12 Effective Date hereof, subject only to securing the prior 13 approval of the City, and such approval will not be denied based 14 on season or date, provided that the Developer agrees to comply 15 with all required precautions, to use due care in its grading 16 activities and to take reasonable steps to prevent erosion, 17 slippage and dangerous run off conditions. 18 7 . GENERAL DEVELOPMENT OF THE PROJECT 19 7 . 1 Project. Except as otherwise provided in this 20 Agreement, the Development Approval will control the overall 21 design and Development of the Project and the EIR will control i 22 all mitigation measures required in order to minimize or 23 eliminate material adverse environmental impacts caused by the 24 Project. The permitted uses of the Property, the density and 25 intensity of use, the maximum height and size of proposed 26 buildings, the provisions for reservation and dedication of land 27 for public purposes and other terms and conditions of Development 28 applicable to the Property will be those set forth in this 15 i I Agreement or in the Development Approval. Notwithstanding the 2 limitations of the Development Approval, the Developer may 3 construct up to 287 additional multi-family units in the 4 multi-family zones of the Project , at a density not to exceed 30 5 DU/Acre and at a height not to exceed 3 stories subject to design 61 review by the City. 7 7.2 Effect of Agreement on Land Use Regulations. In 8 connection with any approval which the City is permitted to give 9 under this Agreement with respect to the Project, or otherwise 10 under the Existing Land Use Ordinance, the City will exercise its 111 discretion or take action in a manner which is as expeditious as 12 possible and which complies and is consistent with the 13 Development Approval and the standards, terms and conditions 14 contained in this Agreement, and in a manner which will not 15 interfere with the Development of the Project for the uses 16 permitted therein, and to the height, density and intensity 17 specified in this Agreement and in the Development Approval, and 18 at the rate of Development selected by the Developer. Subject to 19 Section 9 . 3, the City will accept for processing and act on all 20 applications for further land use entitlement approvals which are 21 necessary or appropriate with respect to the Project. 22 7. 3 O eratin Memoranda and Amendments. The parties 23 acknowledge that the passage of time may demonstrate that changes 24 are necessary or appropriate with respect to the details of each 25 party' s performance under this Agreement. Because the parties 26 desire to retain a certain degree of flexibility with respect to 271 the details of each party's performance pursuant to this 28 Agreement, if and when the parties find that changes are 16 I necessary or appropriate, they will, unless otherwise required by 2 law, effectuate such changes or adjustments through operating 3 memoranda approved by the Community Development Director of the 4 City. After execution, each such operating memorandum will be 5 attached hereto as an addendum and become a part hereof, and may 6 be further changed from time to time as necessary or appropriate, 7 as provided in this Section. No such operating memorandum will 8 be deemed to be an amendment of this Agreement under Government 9 Code. Section 65868 and unless otherwise required by law, no such 10 operating memorandum will require prior notice or hearing. 11 Notwithstanding the foregoing, the following matters will not be 12 considered as appropriate subjects of operating memoranda, but 13 will be considered substantive amendments which must be reviewed 14 by the Planning Commission of the City and approved by the City 15 Council. 16 7. 3 . 1 - Alteration of Permitted Uses. Alteration of the 17 permitted uses of the Property. 18 7 . 3 . 2 Increase in Density or Intensity. Increase in . 19 the density or intensity of use or number of lots. 20 7 . 3 . 3 Increase in Height and size. Increase in the 21 maximum height and size in permitted buildings. 22 7 . 3 . 4 Deletion of Reservation Requirements. Deletion 23 of a requirement for ;the reservation or dedication of land for 24 public purposes, except for minor boundary adjustments approved 25 by the Community Development Director of the City. 26 7 . 3 . 5 Supplemental Environmental Review. Any 27 amendment or change requiring a subsequent or supplemental 28 Environmental Impact Report pursuant to Public Resources Code 17 i I Section 21166. 2 8. RULES REGULATIONS AND OFFICIAL POLICIES 3 8. 1 New Rules. Although the City's rules and regulations 4 governing permitted uses of the Property, density of development 5 and design, improvement and construction will be those rules and 6 regulations in force on the Effective Date hereof, this Agreement 7 will not prevent the City from applying the following new rules, 8 re ulations and olicies. 9 8. 1. 1 Processing Fees. Processing fees and charges 10 imposed by the City to cover the estimated actual costs to the 11 City of processing applications for development approvals, for 12 monitoring compliance with any development approval or for 13 monitoring compliance with environmental impact mitigation n 14 measures. 15 8 . 1. 2 Procedural Regulations. Procedural regulations 16 relating to hearing bodies, petitions, applications, notices, 17 findings, records, hearings, reports, recommendations, appeals 18 and any other matter of procedure. 19 8 . 1.3 Regulations Gover ning Standards. 20 Regulations governing construction standards and specifications 21 including, without limitation, the City's Building Code, Plumbing 22 Code, Mechanical Code, Electrical Code and Fire Code, provided 23 that such construction standards and specifications are applied 24 on a City-wide basis. 25 8. 1.4 Nonconflictin Re ulations. Regulations which 26 are not in conflict with the Development Approval or this 27 Agreement. 28 8 . 1. 5 Certain Conflicting Regulations. Regulations 18 'i 1 which are in conflict with the Development Approval or this 2 Agreement if such regulations have been consented to in writing 3 by the Developer. 4 8 . 2 Subsequent Actions and Approvals. In accordance with 5 Government Code Section 65866, this Agreement will not prevent 6 the City, in subsequent actions applicable to the Property, from 7 applying new rules, regulations and policies which do not 8 conflict with those existing rules, regulations and policies set 9 forth in the Development Approval, nor will this Agreement 10 prevent the City from denying or conditionally approving any 11 subsequent development project application on the basis of such 12 existing or new rules, regulations or policies. 13 8. 3 State and Federal Laws. If State or Federal laws or 14 regulations enacted after the Effective Date hereof , prevent or 15 preclude compliance with one or more of the provisions of this 16 Agreement, such provisions of this Agreement will be modified or 17 suspended as may be necessary to comply with such State or 18 Federal laws or regulations; provided, however that this 19 Agreement will remain in full force and effect to the extent it 20 is not inconsistent with such State or Federal laws or i 21 regulations and to the extent such laws or regulations do not 22 render such remaining provisions impractical to enforce. 23 8 . 4 Police Power and Taxing Power. The City will not i 24 impose, or enact any additional conditions, exactions, 25 dedications, fees or regulations through the exercise of either 26 the police power or the taxing power with respect to the 27 Development of the Project except as provided in the Development 28 Approval or in this Agreement. However, nothing in this 19 i I Agreement will prohibit the adoption and application of a special 2 tax approved by- the City's voters, provided that such tax is 3 imposed on a City wide basis, or future Citywide Development 4 Impact fees. 5 8 .5 Life of Subdivision or Parcel MaQs. Pursuant to 6 Government Code Section 66452 . 6 (a) , the term of any subdivision 7 map or parcel map approved with respect to the Project will be 8 extended for the term of this agreement. 9 9. COOPERATION AND COVENANT OF FURTHER ASSURANCES 10 9. 1 Third Party Actions. The Developer and the city will 11 cooperate in defending any action instituted by any third party 12 challenging the validity of any provision of this Agreement or 13 any action taken or decision made hereunder. Developer agrees to 14 assume the lead role in defense of any such action or proceeding I 15 so as to minimize litigation expenses incurred by the City. In 16 addition, any action instituted by any third party challenging 17 this Agreement or any other permit or approval required from the 18 City or any other governmental entity, for the Development of the 19 Project, will constitute a permitted delay under Section 10. 20 Notwithstanding the foregoing, the filing, of any third party 21 action against the City and/or the Developer with respect to this 22 Agreement or any provision hereof, will not be a reason to delay 23 or stop the Development of the Project (including, without 24 limitation, the processing of any application of the Developer 25 with respect to the Development, the issuance of and building 26 permit or the issuance of any certificate of occupancy) unless 27 the third party obtains a court order preventing such activity. 28 The City will not stipulate to the issuance of any such court 20 1 order. 2 9 .2 Further Assurances. Each party covenants on behalf of 3 itself and its successors and assigns to take all actions and do 4 all things, and to execute with acknowledgments or affidavits if 5 required, any and all documents and writings that may be 6 necessary or proper to achieve the purposes and objectives of 7 this Agreement. Each party will take all necessary measures to 8 see that the provisions of this Agreement are carried out in 9 full . 10 9-. 3 Processing. Subject to the provisions of this Section, 11 upon satisfactory completion by the Developer of all required 12 preliminary actions and payment of all appropriate filing and 13 processing fees, if any, the City will, in accordance with the 14 Existing Development Approval, diligently prosecute to completion 15 any application for approval which is required by the Developer. 16 Without limiting the effect of the foregoing but also subject to 17 the provisions of this Section, the City will, in accordance with 18 the Existing Development Approval : 1.9 9. 3 . 1 Scheduling. Schedule, convene and conclude all 20 required public hearings in an expeditious manner. 21 9 . 3 . 2 Processing. Process and approve all maps, 22 plans, land .use permits, building plans and specifications and 23 other applications for approval with respect to the Development 24 of the Project. 25 The Developer will , in a timely manner, provide and/or 26 cause its agents to provide the City with all materials, 27 documents, applications, plans and other information necessary 28 for the City to carry out its obligations hereunder. In order to 21 I facilitate the City's performance of its obligations pursuant to 2 this Agreement including, without limitation its 'obligations 3 pursuant to this Section 9. 3 , at the request of the Developer, 4 the City will hire such additional personnel as may be necessary 5 to further expedite the scheduling and processing of the 6 Developer's applications with respect to the Project; provided, 7 however that the Developer will pay the entire cost of any such 8 additional personnel and any such additional personnel will be 9 assigned exclusively to the Project. 10 9. 4 Other Governmental Permits. The Developer will apply 11 in a timely manner for such other permits and approvals as are 12 required by other governmental agencies having jurisdiction over 13 the Project or the development of, or provision of services to, 14 the Project. The City will cooperate with the Developer in its 15 efforts to obtain such permits and approvals. In addition, the 16 City will use its best efforts to assist the Developer in 17 coordinating the implementation of the Project with such other 18 governmental agencies. .19 9 . 5 Financing of Public Facilities andforservices. The 20 City and the Developer will in good faith use their best efforts 21 to establish one or more community facilities districts, 22 assessment districts, improvement districts, maintenance 23 districts or other public financing mechanisms including, without 24 limitation, one or more community facilities districts pursuant 25 to the Mello-Roos Community Facilities Act of 1982, as set forth 26 in Government Code Section 53311 et seq. , for the purpose of 27 financing the planning, design, construction and maintenance of 28 public facilities (including, without limitation, the improvement 22 a I to the School Sites which are referred to in Section 4 . 1.4 and 2 the improvements to the Community Park site and the Neighborhood 3 Park site which are referred to in Section 4 . 1. 5) , including 4 related feeS and the acquisition of land therefor, and/or the 5 provision of public serviceS to the Project, to the maximum 6 extent legally and financially feasible. The parties expect that 7 bonds, assessments, liens or other such financing mechanisms will 8 be issued or levied to provide sufficient funds for the foregoing 9 purposes and the City and the Developer agree that, without the 10 consent of the City, the portion of average assessed real 11 property _values in the Project allocated to real property taxes 12 and aggregate debt service may go up to but will not exceed 2% of 13 average assessed real property values in the Project, and the 14 City will take no action to limit such portion to less than 2% of 15 the average assessed real property values in the Project. 16 Although the parties will in good faith use their best efforts to 17 maximize the extent of structures, improvements and facilities 18 comprising the Project, which will be financed through the use of 19 such, public financing mechanisms, the parties acknowledge that it 20 may not be legally or financially feasible to finance all of such 21 structures,. improvements and facilities- through the use of such 22 public financing mechanisms. Therefore, to the extent that the 23 public improvements or public services required by the City with 24 respect to the Project are in excess of the needs and demands of 25 the Project and will be utilized by future developments, the City 26 will use its best efforts to cause such future developments to 27 contribute to the costs of such public improvements and public 28 Services (including, without limitation, by participating in one 23 i 1 or more community facilities districts, assessment districts, 2 improvement districts,p nt maintenance districts or other similar 3 Public financing mechanisms) and, from the funds which are h 4 generated by such public financing mechanisms, cause appropriate 5 reimbursement, including interest at the legal rate, to be made 6 to the Developer. The City acknowledges that completion of 7 proceedings to establish one or more of such public financing 8 mechanisms is critical to provide the parties with security for 9 the performance by the Developer of its obligation to cause the 10 Development of the Project to occur. The Developer understands 11 that the City has formed a joint powers authority under the 12 Marks-Roos Local Bond Pooling Act of 1985 known as the Lake 131 Elsinore Public Financing Authority, and that City policy 14 requires all public financing within the City to be funded 15 through the Authority. 16 9.6 Utilities Coordination. The City will use its best 17 efforts to assist the Developer in obtaining all electrical, gas, 18 telephone, cable television and other necessary utility 19 connections required for the Project. Within a reasonable time 20 after request therefor by the Developer, the City will approve 21 all connection and access points for such utilities, if they are 22 in compliance with the Existing Land' Use Ordinance. 23 9.7 Covenant of Good Faith and Fair Dealing. Except as may 24 be required by law, neither party will do anything which will 25 have the effect of harming or injuring the right of the other 26 party to receive the benefits of this Agreement and each party 27 will refrain from doing anything which would render performance 28 under this Agreement impossible or impractical . In addition, 24 s:� 1 each party will do everything which this Agreement describes that 2 such party will do. 3 9. 8 Stephens Kangaroo Rat. The City will use its best 4 efforts to maximize the amount of/acreage which is released for 5 grading and allocated to the City pursuant to the Riverside 6 County Short-Term Habitat Conservation Plan for the Stephens 7 Kangaroo Rat and will take such steps as may be necessary or 8 appropriate from time to time, to secure such maximum allocation. 9 9. 9 Highway 74 Realignment. The Developer will cooperate 10 with the City in forming such Community Facilities Districts, 11 benefit districts and other fair share public financing 12 mechanisms as may be necessary or appropriate to finance the cost 13 of acquiring right-of-way for the realignment of Highway 74 in 14 the proximity of the Property including, without limitation, 15 removing the existing road radius (which does not meet current 16 applicable road standards) and in realigning and improving 17 Highway 74 including, without limitation, making any concurrent, 18 required changes to the I-15 interchange, to current applicable 19 standards of the California Department of Transportation. 20 Developer will be required to dedicate and improve any additional 21 land necessary to accommodate Highway 74 improvements along and 22 adjacent to the Property's boundary. If required by the City, 23 the Developer will advance the cost of any feasibility study 24 which is required for such realignment and improvement and the 25 Developer will be reimbursed from the Community Facilities 26 District, benefit district or other fair share public financing 27 mechanism with respect to the same, with interest at the legal 28 rate to the extent that such feasibility study relates to 25 i { 1 improvements which are not adjacent to the Property. 2 10. PERMITTED DELAYS 3 The Developer will be excused from performance of its 4 obligations hereunder during any period of delay caused by 5 casualties; acts of God; civil commotion; war; insurrection; 6 riots; strikes; walk outs; picketing or other labor disputes; 7 unavoidable shortages of materials or supplies; damages to work 8 in progress by reason of fire, flood, earthquake or other 9 casualty; litigation which prohibits or delays any aspect I the 10 processing or Development of the Project; initiatives or 11 referenda; moratoria; unanticipated restrictions imposed or 12 mandated by governmental entities; or enactment of conflicting 13 City, County, State or Federal laws or regulations or judicial 14 decisions ; or any other cause which is not within the reasonable 15 Control of the Developer. Each party will promptly notify the 16 other party of any delay hereunder as soon as possible after the 17 same has been ascertained, and the term of this Agreement will be 18 extended by the period of any such delay. Notwithstanding 19 Section 13 . 3 , any claim for delay must be presented within -30 20 days of knowledge of the cause of such delay or any entitlement 21 to time extension will be deemed waived. 22 11. ESTOPPEL CERTIFICATES 23 Either party may at any time, and from time to time, deliver 24 written notice to the other party, requesting that the other 25 party certify-in writing to the knowledge of the certifying party 26 that: (a) this Agreement is in full force and effect and is a 27 binding obligation of the certifying party; (b) this Agreement 28 has not been amended or modified, except as expressly identified; 26 I and, (c) no default in the performance of the requesting party's 2 obligations pursuant to Agreement exists, except as expressly 3 identified. A party receiving a request hereunder will execute 4 and return the requested certificate within 30 days after receipt 5 of the request. 6 12 . RECORDATION BY CITY CLERK 7 Pursuant to Government Code Section 65868 . 5, within 10 days 8 after execution of this Agreement by the City, the City Clerk 9 will record a copy in the Records of the Riverside County 10 Recorder. Thereafter, the burdens of this Agreement will be 11 binding upon and the benefits of this Agreement will inure to the 12 parties and their respective successors and assigns. 13 13 . DEFAULT 14 13 . 1 Events of Default. Subject to any written extension 1.5 of time by mutual consent of the parties, and subject to the 16 provisions of Section 10 regarding permitted delays, the uncured 17 failure of either party to perform any material term or provision 18 of this Agreement will constitute a default. On notice to a 19 -party of its failure of performance, such party will have 30 days 20 to cure such failure of performance; provided, however that if 21 the nature of the failure of performance is such that it cannot 22 be cured within such period, then the diligent prosecution to 23 completion of the cure will be deemed to be a cure within such 24 period. Any notice of default given hereunder will specify in 25 detail the nature of the alleged default and the manner in which 26 such default may be satisfactorily cured in accordance with this 27 Agreement. During the time period herein specified for the cure 28 of a failure of performance, the party charged with such failure 27 i i 1 of performance will not be considered to be in default for 2 purposes of termination of this Agreement or for purposes of 3 institution of legal proceedings with respect thereto and, if the i 4 Developer is the party that has failed to perform, then the City 5 will not be excused from its performance under this Agreement i 6 during that period. i 7 13 . 2 Remedies. Upon the occurrence of a default under this 8 Agreement and the expiration of any applicable cure period, the 9 non-defaulting party will have such rights and remedies against 10 the defaulting party as it may have at law or in equity 11 including, without limitation, the right to terminate this 12 Agreement. 13 13 . 3 No Waiver. The failure by a party to insist on the 14 strict performance of any of the provisions of this Agreement by �F 15 the other party will not constitute a waiver of such party's 16 right to demand strict performance by such other party in the 17 future. All waivers must be in writing to be effective or 18 binding on the waiving party and no waiver will be implied from 19 any omission by a party to take action. No express written 20 waiver of any default will affect any other default or cover any 21 other period of time except that specified in such express 22 waiver. 23 13 .4 Effect of Termination. Termination of this Agreement 24 by one party due to the default of the other party will not 25 affect any right or duty emanating from any then existing city 26 entitlement or approvals with respect to the Project, but the 27 rights and obligations of the parties will otherwise cease as of 28 the date of such termination. If the City terminates this 28 1 Agreement because of a default of the. Developer, then the City 2 will retain any and all benefits including, without limitation, 3 money or land received by the City hereunder. If the Developer 4 terminates this Agreement because of a default by the City, then 5 the Developer will be entitled to a return or a refund of all 6 unused benefits and exactions paid, given or dedicated to the 7 City pursuant to this Agreement including, without limitation; j 8 any unused part of the DAG referred to in Section 4 . 1. 1. 9 14 . INCORPORATION BY REFERENCE 10 14 . 1 Recitals. The Recitals in this Agreement are material 11 and are incorporated herein by reference as though fully set 12 forth hereat. 13 14 . 2 Exhibits. Any Exhibit to this Agreement is ' 14 incorporated herein by reference as though fully set forth 15 hereat. 16 15. APPLICABLE LAW 17 This Agreement will be construed and enforced in accordance i 18 with the laws of the State of California. 19 16. NO JOINT VENTURE , PARTNERSHIP OR THIRD PARTY_BENEFICIARY 20 The City and the Developer hereby renounce the existence of 21 any form of joint venture or partnership between them and 22 expressly agree that nothing contained herein or in any document 23 executed in connection herewith will be construed as making the 24 City and the Developer joint venturers or partners. It is 25 understood that the contractual relationship between the City and 26 the Developer is such that the Developer is an independent con. 27 tractor and not an agent of the City. Furthermore, this 28 Agreement is not intended or construed to create any third party 29 i 1 beneficiary rights in any person who is not a party to this 2 Agreement. 3 17 . ADDRESSES FOR NOTICES 4 Any notice or other communication to either party under this 5 Agreement must be in writing and must be given by delivering the 6 same to such party in person or by sending the same by certified 7 or registered mail, return receipt requested, or by overnight 8 mail delivery service, with all costs prepaid, to the following 9 addresses: i 10 City 11 City of Lake Elsinore 130 South Main street 12 Lake Elsinore, CA 92330 Attn: city Manager 13 Developer 14 LD Johnson Companies 15 180 H, Riverview Drive Suite 290 16 Anaheim Hills, CA 92808 17 Attn:-william H. Frey and 18 LD Johnson Companies 19 1980 Post Oak Blvd. Suite 1610 20 Houston, TX 77056 Attn: William H. Frey 21 With a Copy To: Gresham, Varner, Savage, z2 Nolan & Tilden 600 H. Arrowhead Avenue 23 Suite 300 San Bernardino, CA 92401 24 Attn: Mark H. Ostoich, Esq. 25 18 . COVENANTS RUNNING WITH THE LAND 26 All of the terms, provisions, covenants and obligations 27 contained in this Agreement will be binding upon the parties and 28 their respective successors and assigns, and all other persons or 30 i 1 entities acquiring all or any ..part of the Property, and will 2 inure to the benefit of such parties and their respective 3 successors and assigns. All the provisions of this Agreement 4 will be enforceable as equitable servitudes and constitute 5 covenants running with the land pursuant to applicable law 6 including, without limitation, California civil Code Section 7 1468. Each covenant to or refrain from doing some act on the i 8 Property is expressly for the benefit of the Property and is a 9 burden upon the Property, runs with the Property and is binding 10 upon each party and each successive owner during its ownership of 11 the Property or any part thereof, and will benefit each party and 12 its property hereunder, and each other party succeeding to an 13 interest in the Property. Notwithstanding the foregoing, upon 14 the sale or lease, for more than 1 year, of a dwelling unit, 15 office or commercial or industrial space by the Developer to a 16 member of the public, but not upon the bulk sale thereof for 17 resale to the public, such residential unit, office, commercial 18 or industrial space will ba automatically released from the 19 terms, provisions, covenants and obligations of this Agreement, 20 without the necessity of the City or the Developer executing or 21 recording any specific instrument of release. 22 19 . CONSISTENCY FINDING 23 By approving and executing this Agreement, the City finds 24 that its provisions are consistent with the City' s General Plan 25 and with the Specific Plan, and the City further finds and 26 determines that execution of this Agreement is in the best 27 interests of the public health, safety and general welfare of the 28 City's present and future residents, property owners and 31 I 1 taxpayers. 2 20. TERMS AND CONSTRUCTION 3 20. 1 Severability. If any term, provision, covenant or 4 condition of this Agreement is determined to be invalid, void or 5 unenforceable by judgment or court order, then the remainder of i 6 this Agreement will remain in full force and effect, unless 7 enforcement of this Agreement, as so invalidated, would be i 8 unreasonable or grossly inequitable under all the circumstances 9 or would frustrate the stated purposes of this Agreement. 10 20. 2 Entire Agreement. This Agreement contains all the 11 representations and constitutes the entire agreement between the 12 City and the Developer, Any prior correspondence, memoranda, 13 ' agreements, warranties or representations are superseded in total 14 by this Agreement. 15 20. 3 Signature Pages. For convenience, the signatures of 16 the parties may be placed and acknowledged on separate pages and, 17 when attached to this Agreement, will constitute this document as 18 one complete Agreement. 19 20. 4 Time. Time is of the essence of this Agreement and of 20 each and every term and condition hereof. 21 21. CONSENT OF OTHER PARTIES 22 The Developer may, at its discretion, elect to have other 23 holders of legal, equitable or beneficial interests in the 24 project, the Property or parts thereof, acknowledge and consent 25 to the execution and recordation of this Agreement by executing 26 an appropriate instrument therefor. It is understood by the 27 parties that the execution of such document by other holders of 28 legal, equitable or beneficial interests in the Project is not a 32 I condition precedent to this Agreement. 2 22 . ASSIGNMENT AND NOTICE 3 The Developer will have the right, from time to time, to 4 assign or transfer all or any part of its interest, rights or 5 obligations under this Agreement to third parties acquiring an 1 6 interest or estate in the Project, the Property or parts thereof 7 including, without limitation, purchasers pr long-term ground 8 lessees of .individual lots, parcels or any building located 9 within the Project; provided, however that the assignee or 10 transferee agrees to assume the Developer's obligations under 11 this Agreement. Although the approval of the City will not be 12 required for any such assignment or transfer, the Developer will 13 give prior written notice to the City of its intention to assign 14 or transfer any of its interest, rights or obligations under this 15 Agreement and any failure by the Developer to give such notice 16 will be curable in accordance with the provisions of Section 13 . 17 The express assumption of any of the Developer's obligations 18 under this Agreement by its assignee or transferee will thereby 19 relieve the Developer of any further obligations under this 20 Agreement. Notwithstanding the foregoing, the Developer will 21 have no obligation whatsoever to provide any notice to the City 22 when it intends to assign an interest in this Agreement and/or 23 the Property and the Project in connection with any transaction 24 which is entered into for the purpose of providing equity and/or 25 financing with respect to the Property and/or the Project. 26 23 . ENCUMBRANCES AND RELEASES ON REAL PROPERTY 27 23 . 1 Discretion to Encumber. The parties agree that this 28 Agreement will not prevent or limit the Developer in any manner, 33 t i I at th e Developer's sole discretion, from encumbering the 2 Property, or any part of the same including, without limitation, 3 improvement thereon, by any mortgage, deed of trust or other 4 security device securing financing with respect to the Property 5 or the Project. The City acknowledges that the lenders providing 6 such financing may require certain modifications and the City 7 agrees, upon request from time to time, to meet with the I 8 Developer ana/or the representatives of such lenders to negotiate 9 in good faith regarding any such request for modification. The 10 City further agrees that it will not unreason ably withhold its 11 consent to any such requested modification so long as the 12 modifications do not materially alter this Agreement to the 13 detriment of the City. 14 23 . 2 Entitlement to Written Notice of Default. Any lender 15 of the Developer which has requested notice in writing received 16 by the City, will be entitled to receive written notification 17 from the City of any uncured default by the Developer in the 18 performance of the obligations of the Developer under this 19 Agreement. 20 23 . 3 Property Subject to Pro Rata Claims. Any mortgagee or i 21 beneficiary which comes into possession of the Property or any 22 part thereof, pursuant to foreclosure of the mortgage or deed of 23 trust, or deed in lieu of such foreclosure, will take the 241 Property or part thereof, subject to any pro rata claims for 25 payments or charges by the City against the Property or part 26 thereof secured by such mortgage or deed of trust, which accrued 27 prior to the time that such mortgagee or beneficiary comes into 28 possession of the Property or part thereof. 34 i 1 23 . 4 Releases. The City hereby covenants and agrees that, 2 upon completion of the public improvements which are included 3 within the Project and payment of all fees required under this 4 Agreement with respect to the Property, the City will execute and 5 deliver to the Riverside County Recorder, an appropriate release 6 of the Developer, the Property and the Project from further 7 obligations under this Agreement, in form and substance 8 acceptable to the Riverside County Recorder, or as may otherwise 9 be necessary to effect such release. 10 24 . CONSTRUCTION. NUMBER AND GENDER 11 This Agreement will be construed as a whole according to its 12 common meaning and not strictly for or against either party in 13 order to achieve the objectives and purposes of the parties 14 hereunder. Whenever required by the context of this Agreement, 15 the singular will include the plural and vice versa, and the 16 masculine gender will include the feminine and neuter genders. 17 In addition "will" is the mandatory and "may" is the permissive. 18 25. INSTITUTION OF LEGAL ACTION 19 In addition to any other rights or remedies, either party 20 may institute legal action to cure, correct or remedy any uncured 21 default, to enforce any covenants or agreements herein, to enjoin 22 any threatened or attempted violation thereof or to obtain any 23 remedies consistent with the purpose of this Agreement. In the 24 event of any such legal action involving or arising out of this 25 Agreement, the prevailing party will be entitled to recover from 26 the losing party, reasonable litigation expenses, attorneys' fees 27 and costs incurred. The parties acknowledge that if a breach of 28 this Agreement by the City occurs, irreparable harm is likely to 35 1 occur to the Developer and damages may be an inadequate remedy. 2 Therefore to the extent permitted b law, the � P Y parties agree that 3 specific enforcement of this Agreement by the Developer is an 4 appropriate and available remedy, in addition to any and all 5 other remedies which may be available to the Developer under law 6 or at equity. 7 26. INSURANCE 8 The Developer agrees to and will hold the City, its 9 officers, agents, employees and representatives harmless from 10 liability for damage or claims for damage for personal injury, 11 including death and claims for property damage which may arise 12 out of the direct or indirect operations of the Developer with 13 respect to the Project, to the extent of the insurance described 14 below, To the same extent, the Developer agrees to and will 15 defend the City and its officers, agents, employees and 16 representatives from actions for damages caused by or alleged to 17 have been caused by reason of the Developer's activities with 18 respect to the Project. 19 This "hold harmless" agreement applies to all damages and 20 claims for damages suffered or alleged to have been suffered by 21 reason of the operations referred to in this Section, 22 Before beginning work on the Project, the Developer will 23 obtain the insurance required under this Section and receive the 24 approval of the City Attorney as to form, content, amount and 25 carrier and the Developer will maintain such insurance throughout 26 the term of this Agreement. The insurance will extend to the 27 City, its elective and appointive boards, commissions, officers, 28 agents, employees and representatives and to the Developer. In 36 . i 1 ' 2 3 4 5 6 7 i 8 9 I 10 11 PROPERTY 12 . 13 i i 14 j I 15 I 16 17 i 18 19 I 20. 21 22 23 EXHIBIT "A" 24 25 26 27 28 39 i I addition, the Developer will furnish to the City, before 2 beginning work on the Project, a certificate of insurance 3 constituting satisfactory evidence of the insurance required and 4 providing that each carrier is required to give the. city at least 5 10 days prior written notice by certified mail to the city Hall, 6 of the cancellation or reduction in coverage of any insurance. 7 26 . 1 Compensation Insurance. The Developer will maintain 8 Workers 'Compensation Insurance for all persons employed by the 9 Developer at the site of the Project. The Developer will require 10 each contractor and subcontractor to provide Workers Compensation 11 Insurance for their respective employees. The Developer agrees 12 to indemnify the City for damages resulting from the failure of 13 the Developer to take out and maintain such insurance. 14 26. 2 Public Liability and Property Damage Insurance. The 15 Developer will maintain public liability insurance in an amount 16 not less than $1, 000, 000 . 00 for injuries (including death) to any 17 one person and in an amount not less than $1, 000, 000. 00 on 18 account of any one occurrence; and property damage insurance in 19 an amount not less than $100, 000.00 for damage to the property of 20 each covered person on account of any one occurrence. 21 CITY APPROVED AS TO ORM & LEGALITY: 22 CITY OF LAKE ELSINORE, a munI pal corporation and 23 z polJL�cal subdivision of the JOHN R. FI U R, CITY A-I „PINES StaCalif is - 24 R , �4& By: 25 Mayor 26 EST: 27 C City Clerk 28 DEVELOPER 37 i 1 2 RIALTO DEVELOPMENT CORPORATION, a Texas corporation, doing 3 business as LD JOHNSON COMPANIES 4 By: Its 5 STATE OF CALIFORNIA ) 6 COUNTY OF Riverside ) ss. 7 On June N ar , 1990, before me, the 8 undersigned, a Notary Public in and for said State and County, personally appeared William H. Frey 9 personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the vice PresAf the Corporation that executed the 10 within instrument and acknowledged to me that such corporation 11 executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. 12 WITNESS my hand and official sea . 13 14 Notary Public and fo said State and Coun y 151 SEAL: 16 17 ,,; ", , OFFICIAL SEAL n��r11 ADRJA LEE BRYNING TJOTARY PU�C1C CALIFORNIA R1VER811)F couty Y Jr__ My cornet, expi;es AMAR 8, �993 19 20 21 22 23 24 25 26 27 28 39 ORDINANCE NO. 884 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17. 56. 020, 17 . 60. 020 AND SECTION 17. 66. 030.0 OF CHAPTERS 56, 60, AND 66 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR APPLICATIONS FOR DISCRETIONARY REDUCTIONS IN MANUFACTURING DISTRICT PARKING REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Section 17 . 66. 030.0 of Chapter 66, of Title 17, of the Lake Elsinore Municipal Code is hereby amended to add Subsection l. , to Section C. , of Section 17 . 66. 030 to read as follows: C. In Manufacturing Districts, except the commercial/ manufacturing District, one (1) parking space shall be provided for each five-hundred (500) square feet of unit area for up to twenty-thousand (20, 000) square feet, plus one (1) space for each one thousand (1, 000) square feet of unit area over twenty-thousand (20, 000) square feet, and one parking space for every one-thousand (1, 000) square feet of warehousing floor area, unless otherwise specified in subsection (D) below. 1) A request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with Design Review of an industrial project or with a proposed change of use within an industrial building when the applicant determines that the actual number of needed parking spaces is less than that required by the code. A request for a parking determination will be by an established fee and will require a separate application. 2) In order for the Planning' Commission to grant a parking determination findings shall be made. Said findings may include but shall not be limited to the following: a) A parking study supports the finding that the number of parking spaces actually needed for a development and/or use is less than that required by the code. b) Adequate off-street parking will be provided for the proposed use. c) Traffic safety and pedestrian safety will not be affected by the modification of the parking requirements. d) Reduced parking will not affect the health, safety and welfare of the public. i e) Alternative transportation programs exist such as ride sharing, mass transit etc. . . that reduces the actual number of parking spaces needed. f) Only a predetermined portion of the building on the parcel is to be occupied. g) Sufficient area exists on-site for expansion of the parking area should the occupancy or use of the structure change. h) That space that would otherwise be dedicated for parking could be utilized for a purpose that enhances the project. i) The parking determination has been conditioned to insure compliance with the findings and the intent of Section 17. 66 . 030 .C. 1 and 2 , and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on-site. A parking determination granting reduced parking requirements may be revoked at anytime if there is evidence of insufficient on-site parking, i.e. , "spill over" parking onto a public right-of-way or onto an adjacent lot. Upon revocation of a parking determination approval the applicant will be required to submit a new application for a parking determination or provide on-site parking per code requirements. SECTION TWO: Section 17 . 56 . 020, of Chapter 56, of Title 17, of the Lake Elsinore Municipal Code is hereby amended to read as follows: Section 17 . 56. 020 Permitted Uses. Uses permitted in the "M-1" District shall include those businesses listed below which operate in compliance with the purpose, intent and standards of this district, are conducted entirely within a completely enclosed building, and maintain an exterior environment free from odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, and the storage of hazardous waste. Each business shall be evaluated in terms of its operational characteristics and specific site location. The requisite number of parking spaces specified in Section 17 . 66 . 030.0 shall be provided unless a parking determination pursuant to Section 17. 66. 030 .C. 1 is approved by the Planning Commission for a particular use. A parking determination does not run with the land. A new determination is required upon any changes in business operation characteristics or a change of use which results in an increased demand for parking. SECTION THREE: Section 17 . 60. 020, of Chapter 60, of Title 17, of the Lake Elsinore Municipal Code is hereby amended to read as follows: Section 17 . 60. 020 Permitted Uses. Uses permitted in the "M-2" District shall include those businesses listed below STATE OF CALIFORNIA ) 1, 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 had its first reading on March 27, 1990, and had its second reading on April 24 , 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE C KA , C TY LERK CITY OF LAX 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. 884 of said Council, and that the 1 same has not been amended or repealed. DATED: May 17 , 1990 NCI , KASAD, CITY CLERK CI`iY OF LA ELSINORE (SEAL) ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 34 . 14 ACRES LOCATED SOUTH OF GRAND AVENUE, 1, 000 FEET EAST OF ORTEGA HIGHWAY AND WEST OF SANGSTON DRIVE FROM C-1 PLANNED UNIT DEVELOPMENT (PUD) , R-3 (PUD) AND R-1 HILLSIDE PLANNED DEVELOPMENT (HPD) (PUD) TO R-1 (HPD) , (MACLEOD DEVELOPMENT - ZONE CHANGE 90-1) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Being a portion of the northwest 1/4 of Section 14, Township 6 South, Range 5 West, San Bernardino Base & Meridian and a portion of Lots 12 and 14 in Block C, Map of Subdivisions in Elsinore, Book 8, Page 377, Records of San Diego County, California more precisely described as follows: Beginning at the most easterly corner of said Lot 12 : Thence South 53 24134" East along the Northeasterly line of said Lots 12 & 14 a distance of 907 .88; Thence South 36 35141" West a distance of 792 . 06 feet,- Thence South 53 24127" East a distance of 413 .27 feet; Thence South 36 38102" West a distance of 650. 00 feet; Thence South 53 24127" West a distance of 200. 00 feet; Thence North 53 24128" West a distance of 58 .44 feet; Thence North 47 30151" West a distance of 231. 00 feet; Thence North 20 54121" West a distance of 202 .21 feet; Thence North 17 22154" East a distance of 56. 31 feet; Thence North 31 01130" West a distance of 145.82 feet; Thence North 85 20114" West a distance of 186. 61 feet; Thence North 36 41155" West a distance of 155. 35 feet; Thence North 01 35147" East a distance of 30. 92 feet; Thence North 53 27127" West a distance of 308 . 55 feet; Thence North 36 52133" East a distance of 437 . 90 feet; Thence South 53 24127" East a distance of 122 . 37 feet; Thence North 36 37113" East a distance of 792 . 03 feet to the point of beginning. (Assessor' s Parcel Number 381-351-001-012 ; 381-352-001-012 ; 381-353-001-016; 381-354-001-021; 381-355-001-016; 386-181-001-006; 386-182-001-021; 386-183-001-012 ; 386-184-001-006; 386-185-001-005; 386-186-001-042) i from C-1 (PUD) , R-3 (PUD) and R-1 (HPD) (PUD) to R-1 (HPD) Zoning District on approximately 34 . 14 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 I property located within such R-1 (HPD) Zoning District. Approval is based on the following: 1. The proposed Zone Change is consistent with the General Plan. 2 . Government Code, Section 65860 requires that zoning be consistent with the General Plan. 3 . Approval of Zone Change 90-1 is a Condition of Approval for Residential Project 89-11. 4. The HPD Overlay District will serve to remind residents of erosion and fire hazard concerns, but will not restrict regular R-1 use on site. 5. The HPD Overlay District restricts landscaping that may constitute fire hazards. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of March, 1990 , upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NON '. A TEST: M. WASHBURN; MAYOR i Vicki Lyn Rdsad, City Clerk (SEAL) 1 APPROVED S TO FORM AND LEGALITY: John R. arp r, '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 had its first reading on March 27 , 1990, and had its second reading on April 24 , 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE i ABSTAIN: COUNCILMEMBERS: NONE &CK . IT, KASAD, ERK CITY ELSI NORE(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. 885 of said Council, and that the same has not been amended or repealed. I DATED: May 17, 1990 i LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) 1 ORDINANCE NO. 886 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE FIRST AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS, the City Council of the City of Lake Elsinore (the "City") has previously certified an environmental impact report No. SCH 83071309 (the "EIR") with respect to the Ramsgate Development (the "Project") ; and WHEREAS, the City has caused a Supplemental EIR (SCH 88090525) and an Addendum to the EIR to be prepared which addresses the changes to the Project; and WHEREAS, the Planning Commission has previously reviewed the EIR, the Supplemental EIR and the Addendum and has recommended that the City Council (1) certify that the Supplemental EIR has been prepared in accordance with the requirements of the California Environmental Quality Act and the City ' s CEQA guidelines; (2) certify that ._the Addendum has been prep$ared in accordance with the requirements of the California Environmental Quality Act and the City ' s CEQA guidelines; (3) approve the amended Specific Plan for the Project; and WHEREAS, the City Council reviewed the EIR, the Supplemental EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council has certified the Supplemental EIR and the Addendum to the EIR and has made the findings required by Section 15091 (a) of the State CEQA Guidelines, attached hereto as Attachment A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN 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, attached hereto as Attachment A, the City Council ! hereby (i) finds that the first Amendment to the i Specific Plan for the Project area attached hereto as Attachment B is consistent with the General Plan of the City, (ii) finds that the adoption of the Specific Plan is in the public interest, (iii) approves and adopts the first Amendment to the Specific Plan, and (iv) j approves and adopts the Mitigation Monitoring Program attached hereto as Attachment C. Section 2: 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 be published and posted in the manner required by law. i PASSED UPON FIRST READING this 27th day of March, 1990 , by the following roll call vote: AYES : COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, WASHBURN, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS : NONE ABSTAIN: COUNCILMEMBERS: 14INKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of Agri? , 1990, by the following roll call vote: AYES: COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER f CAR Y . 'WASHBURN-, M4YOR CIT OF LAKE ELSINORE A EST: - i VICKI KASAD, CI X CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. H4E , ITY ATTORNEY i 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 had its first reading on March 27, 1990, and had its second reading on April 24, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ , STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE LY KASAD, CITY LERK 4KI Y OF LA 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. 886 of said Council, and that the same has not been amended or repealed. DATED: May 17 , 1990 "OFLAKE 5INORE D, ITY CLE K (SEAL) ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 6. 6 ACRES LOCATED BETWEEN LAKESHORE DRIVE AND PARKWAY AVENUE AND SOUTH OF AVENUE 6 FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (C-2) . (TOMISLAV GABRIC AND ASSOCIATES) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 373-203-015, 373-204-013 , 373-205-002 from Single-Family Residential (R-1) to General Commercial (C-2) Zoning District on approximately 6. 6 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 C-3 Zoning District. Approval is based on the following: 1. The proposed C-2 zoning is not anticipated to have any significant adverse environmental impacts. 2 . The present R-1 zoning is not consistent with the requested General Plan Land use designation of "General Commercial" contained in General Plan Amendment 89-9. 3 . The proposed C-2 zoning is consistent with General Plan Amendment 89-9. 4. The proposed zoning will facilitate compatibility of land uses within the City' s General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this Sth day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTENTIONS: COUNCILMEMBERS: WINKLER LL A KEY, MAYO R TEM City of Lake sinore ATTEST: Vicki Lyn e Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: John Harp r, i y Attorney City of Lake inore 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 had its first reading on April 24th, 1990, and had its second reading on May 8 , 1990, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILPJIEMBERS: WINKLER 1 VICKI LYNNE S CITY C ERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) i 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., 887 of said Council, and that the same has not been amended or repealed. DATED: May 15 1990 CKI LY N KASAD, CITY CLERK CITY OF LA. ELSINORE (SEAL) ORDINANCE NO. 888 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 36 ACRES LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD, NORTH OF THE CURRENT CITY BOUNDARY FROM RURAL RESIDENTIAL (RR) TO SINGLE-FAMILY RESIDENTIAL (R-1) . (HOMESTEAD LAND DEVELOPMENT FORMERLY TMP INVESTMENTS) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 349-390-002 , 003, 004, 015, 016 from Rural Residential (R-R) to Single-Family Residential (R-1) Zoning District on approximately 36 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 R-1 Zoning District. Approval is based on the following: 1. The present County of Riverside zoning of "Rural Residential" is not consistent with the requested General Plan Land Use Designation of "Low Density Residential" as contained in General Plan Amendment 89-14. 2 . The proposed R-1 zoning, which will become effective upon annexation, is consistent with the General Plan Amendment 89-14 . 3 . The proposed zoning will facilitate compatibility of land uses within the City' s General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTENTIONS: COUNCILMEMBERS: NONE B ST Y, �AYOR 0 TEM City of Lake E inore AT E�1i i: Vicki Lynne asad, City Cl rk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: John Harper, CAtV At orney City of Lake E1 'nore 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 had its first reading on April 24th, 1990, and had its second reading on May 8, 1990, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS : NONE n VICKI LYNNE AD, CL RK 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. 888 of said Council, and that the same has not been amended or repealed. DATED: May 15, 1990 2 VIC I D, TY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. 889 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 15. 3 ACRES LOCATED AT THE NORTHEAST CORNER OF FLINT AND SILVER STREETS FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO LIMITED MANUFACTURING (M-1) . (BROOKSTONE DEVELOPMENT) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Legal Description: Portion of Lot 1 in Block 88, of the Town of Elsinore, in the City of Lake Elsinore, County of Riverside; State of California, as per map recorded in Book 8, Page 378 of Maps. In the Office of the County Recorder of the County of San Diego, State of California. Assessor's Parcel Number 377-180-010 & 011 from Single-Family Residential (R-1) to Limited Manufacturing (M-1) Zoning District on approximately 15. 3 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 M-1 Zoning District. Approval is based on the following: 1. The present City of Lake Elsinore Zoning of R-1 is not consistent with requested General Plan Land Use Designation of Light Industrial as contained in General. Plan Amendment 89-15. 2 . The proposed zoning, which will become effective upon City Council approval is consistent with the General Plan Amendment 89-15. 3 . The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of April, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WASHBURN 4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WA5NBURN ABSTENTIONS: COUNCILMEMBERS: NONE BT Mark ayor Pro Tom '—City of Lake Elsinor AT EST: Vicki Lynnt Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: i o pb'11C/itV Attorney City of Lake 1 'pore 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 had its first reading on April 24th, 1990, and had its second reading on May 8, 1990, and Was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE I VICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) i 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. 889 of said Council, and that the same has not been amended or repealed. DATED: May 15, 1990 4Nh KASA , CITY CLERK CITYF LA ELSINORE (SEAL) ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. 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 Alberhill Ranch Associates on March 14, 1990, 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 April 24, 1990, and found that (1) the Development Agreement is consistent with the City's General Plan and the Alberhill Ranch Specific Plan and (2) the previously certified environmental impact report prepared for the Alberhill Ranch 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 Alberhill Ranch Associates, 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 2'Pth, day of J.u.ne. 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, STARKEY, VAS)JIBIMIN! NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMIN,UEZ, WINKLER ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 10th day of July_:, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NO °f �f WC2 Ga y M. Washburn, Mayor C ty of Lake Elsinore VI-Q- Vicki Lynn Kasad, City lerk City of La Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. aUpe , Ci y Attorney City of Lalsinore 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 had its first reading on June 26, 1990, and had its second reading on July 10, 1990 and was passed by the following vote: I AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE YNNE SAD, CITY CLERK 'F CITY OF LAKE ILSINORE (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. 890 of said Council, and that the same has not been amended or repealed. DATED: July 18 , 1990 iVI CITYIOFYLAK ESAD, CITY CLERK LSINORE (SEAL) r - 40 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92330 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES FOR ALBERHILL RANCH DEVELOPMENT I i i I r TABLE OF CONTENTS Pane 1. PARTIES AND DATE. . . . . . . . . . . . . . . . . 1 2. DEFINITIONS . . . . . - . . . . . . . . . . . . . 2 3. RECITALS. . . . . . . . . . . . . . . . . . . . . 4 3.1 Legal authority. . . . . . . . . . . . . . . 4 3.2 Consistency findiig. . . . . . . . . . . . 4 i 3.3 Status of project. . . . . . . . . . . . 5 3.4 Annexation to City . . . . 7 3.5 Entitlements and approvals . . . . . . . . 7 3.6 Consideration. . . . . . . . . . . . . . . . 8 4. PROPERTY COVERED . . . . . . . . . . . . . . . . . i .. 5. INTEREST OF CONTRACTING PARTY . . . . . . . . . 12 6 . 'DURATION OF AGREEMENT . . . . . . . . . . . . . . 12 6.1 Scheduling . . . . . . . . . . . . . . . . . 12 6. 2 Periodic review . . . . . . . . . . . . 14 6.3 Certification of completion. . . . . . . . . 14 7 . AMENDMENTS . . . . . . . . . . . . . . . . . . . . 15 8. PERMITTED USES OF PROPERTY. . . . . . . . . . . . 17 9 . VESTING OF RULES, REGULATIONS AND OFFICIAL POLICIES . . . . . . . . . . . . . . 20 9 .1 Effective standards . . . . . . . . . . . . . 20 9 .2 No conflicting enactments . . . . . . . . . . 20 9 .3 Initiatives and moratoria. . . . . . . 20 9 .4 Subsequent changes in state or federal laws . . . . . . . 21 9. 5 Fees, conditions and dedications 22. (1) Filing and processing fees 2 ( 2) Taxing power . . . . . . . . . . . . . i . ( 3) Commercial rent control or office condominium conversion . . . . . 24 ( 4) Future tentative maps, specific plan j amendments and development impact fees 25 9 .6 Life of subdivision maps . . . . . . . . . . 25 10 . EFFECT OF AGREEMENT WHEN RULESCHANGE. . . . . . . . . . . . . . . . . . . 25 11. COOPERATION AND COVENANT OF FURTHER ASSURANCES. . . . . . . . . . . . . . . . 25 -i- a t y 11.1 Third party actions . . . . . . . . . . . . 25 11. 2 Further assurances. . . . . . . . . . . . . 26 11. 3 Processing. . . . . . . . . . . . . . . . . 26 11. 4 Other governmental permits. . . . . . . 28 11. 5 Financing of public facilities and/or services. 29 11. 6 Utilities coordination. 30 11.7 Covenant of good faith and fair dealing 30 12. PERMITTED DELAYS. . . . . . . . . . . . . . . . . 31 13. ESTOPPEL CERTIFICATES . . . . . . . . . . . . . . 31 14. RECORDATION BY CITY CLERK . . . . . . . . . . . . 32 15 . DEFAULT . . . . . . . . . . . . . . . . . . . . . 32 15. 1 Events of default . . . . . . . . . . . . . 32 15.2 Remedies. . . . . . . . . . . . . . . . . . 33 15. 3 No waiver 33 15.4 Effect of termination 33 16. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE . . . . . . . . . . . . . . . 34 17. APPLICABLE LAW. . . . . . . . . . . . . . . . . 35 18. NO JOINT VENTURE OR PARTNERSHIP . . . . . . . . . 35 19 . ADDRESSES FOR NOTICES . . . . . . . . . . . . . 35 20. COVENANTS RUNNING WITH THE LAND . . . . . . . . . 36 ' 21. EFFECT OF AGREEMENT . . . . . . . . . . . . . . . 37 22 . CONSISTENCY OF FINDING. . . . . . . . . . . . . . 37 23. TERMS OF CONSTRUCTION . . . . . . . . . . . 38 23. 1 Severability. . . . . . . . . . . . . . . . 38 23 . 2 Entire agreement. . . . . . . . . . . . . . 38 23 .3 Signature pages . . . . . . . . . . . . . . 38 23 . 4 Time. . . . . . . . . . . . . . . . . . . . 38 24. CONSENT OF OTHER PARTIES. . . . . . . . . . . . . 39 25. ASSIGNMENT AND NOTICE . . . . . . . . . . . . . . 39 26. ENCUMBRANCES AND RELEASES ON REAL PROPERTY. . . . 40 26. 1 Discretion to encumber . . . . . . . . . . . 40 26 .2 Entitlement to written notice of default . . 40 26 . 3 Property subject to pro rata claims. . . . . 41 26. 4 Releases . . . . . . . . . . . . . . . . . . 41 � -ii- I f 27 . OPERATING MEMORANDA . . . . . . . . . . . . . . . 41 28. INSTITUTION OF LEGAL ACTION . . . . . . . . . . . 42 29 . INSURANCE . . . . . . . . . . . . . . . . . . . . 43 29 . 1 Compensation insurance . . . . . . . . . . . 44 29 .2 Public liability and property damage insurance . . . . . . . . . . . . . . 44 EXHIBITS A. Existing Alberhill Ranch Specific Plan Land Use Plan B. Golf Course Draft Alternative Land Use Plan C. Property Covered by Development Agreement i i i Y" DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES FOR ALBERHILL RANCH DEVELOPMENT 1. PARTIES AND DATE The parties to this Development Agreement ( "Agreement" ) are the City of Lake Elsinore, California, a municipal corporation and political subdivision of the State of California ( "City" ) , and Brighton Alberhill Associates, a California general partnership ( "Developer" ) . The project to which this Agreement applies is commonly known as "Alberhill Ranch. " This Agreement is made and entered into on ��I 1990 . It is the intent of City and Developer that Developer secure t the entitlement to 2,235 residential dwelling units pursuant to approved City of Lake Elsinore Specific Plan No. 89-2 in exchange for payment of special fees in the amounts set forth in this Agreement and compliance with all other terms and conditions of this Agreement. f It is the further intent of City and Developer that Developer have the opportunity to secure an additional entitlement, through a Specific Plan amendment, to 500 additional attached or detached residential dwelling units in exchange for construction of a golf course/clubhouse facility, payment of special fees in the amounts set forth in this Agreement and compliance with all other terms and conditions of this Agreement. i t 4 2. DEFINITIONS 2.1 "Agreement" means this Development Agreement made and entered into by and between the City of Lake Elsinore and Brighton Alberhill Associates in accordance with applicable state law and local regulations. 2 . 2 "CEQA" means the California Environmental Quality Act of 1970 (California Public Resources Code Section 21000 et sear. ) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seg. ) . 2 . 3 "City" means the City of Lake Elsinore, including z officials, officers, employees, commissions , committees and boards. 2. 4 "City Council" means the duly elected City Council of the City of Lake Elsinore. 2. 5 "Developer" means Brighton Alberhill Associates, including its successors and assigns . 2 . 6 "Development" means the improvement of the Property for the purposes of constructing and otherwise effecting the structures, improvements and facilities comprising the Project as set forth in this Agreement, including but not limited to grading, the construction of infrastructure and public facilities related to the Project (whether located within or outside the { Property) , the construction of structures and buildings and the installation of landscaping. 2.7 "Development Approval(s) " means site specific plans, maps, permits, and other entitlements to use of every kind or nature approved or granted by City in connection with the -2- t development of the Property, including but not limited to general plan amendments, specific plans and amendments thereto, EIRs , negative declarations, categorical or statutory exemptions, tions, 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. 2.8 "Effective Date" means the date this Agreement is recorded with the Riverside County Recorder or the effective date of the annexation of the Property to City, whichever occurs P Y Y -later . The parties acknowledge that this Agreement shall not become operative and enforceable until and unless such annexation is completed. 2.9 "EIR" means an environmental impact report prepared in ` accordance with the provisions of CEQA. 2.10 "Existing Development Approvals" means those development approvals in effect on the Effective Date of this Agreement with respect to the Property, including but not limited to Specific Plan No. 89-2 (as adopted or as may thereafter be amended from time to time upon application by Developer) , annexation of the Property to City, this Agreement and general plan and zoning provisions. i 2 .11 "Existing Land Use Ordinances" means all those land use ordinances, resolutions, policies , rules and regulations adopted by City in effect on the Effective Date of this Agreement, including but not limited to those which govern the permitted i -3- �� r� uses of land, the density and intensity of use, subdivision codes, fees and exactions, growth management, design improvement and construction standards and specifications applicable to development of the Property. 2 .12 "LAFCO" means the Riverside County Local Agency Formation Commission. 2. 13 "Project" means the development project contemplated by the Existing Development Approvals , including but not limited to the land use plan encompassed by Specific Plan No. 89--2 with respect 'to the Property, consisting of not less than 2, 235 and not more than 2,735 dwelling units ( in accordance with Section 8 .below) and 2,722, 500 square feet of commercial/industrial buildings, including but not limited to all on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Agreement. 2.14 "Property" means the real property which is the subject of this Agreement and described in Section 4 below. 3. RECITALS 3.1 Legal, authority. . California Government Code Section 65864 et seq. authorize City to enter into development agreemer in connection with the development of real property within City. This Agreement is made and entered into pursuant to those ! provisions of state law. 3. 2 Consistency finding. By approving and executing this j Agreement, the City Council finds that its provisions are i -4- ram` consistent with City' s General Plan, Specific Plan No. 89-2 , and all other applicable Existing Land Use Ordinances of City. 3.3 Status of Proiect. Since November, 1987 , various property owners and developers have been in the process of planning, financing and preparing for the Development commonly known as the Alberhill Ranch, a large scale mixed use phased Development of some 3705 dwellings on 1853 acres in the City of Lake Elsinore more particularly described in City of Lake Elsinore Specific Plan No. 89-2 and City of Lake Elsinore EIR No. 89-2 . Additional land uses include commercial (neighborhood commercial and highway and office commercial) , schools, open space and recreational uses, . including two 5-acre neighborhood parks and one 30-acre community park. Exhibit "A" attached hereto and incorporated herein by this reference shows the intended land uses contemplated by the Specific Plan. Constructing the Alberhill Ranch project pursuant to City' s approved Specific Plan and providing the mitigation set forth in EIR No. 89-2 will require major investment by Developer in public facilities and onsite and offsite improvements. The Development has been analyzed and reviewed by City as part of its process of granting Development Approvals in light of the enacted land use standards and policies of. City embodied in its Existing Land Use Ordinances and pursuant to state law, including but not limited to CEQA. City and Developer contemplate that there may be a future amendment to Specific Plan No. 89-2 proposed by. Developer , which City encourages and supports, to establish an 18-hole championship public golf course, together with related -5- 42� � i 1 facilities, including but not limited to a championship clubhouse, within the designated open space area. The precise nature and scope of the golf course and clubhouse, including a phasing schedule therefor, shall be detailed in any amendment to the Specific Plan. (A draft concept plan for the golf course is attached hereto as Exhibit "B" and incorporated herein by this reference. City and Developer agree that this draft is for illustrative purposes only, is preliminary in nature, may be revised in whole or in part, and shall not be binding on either party. ) The golf course and related facilties, to be operated Developer or its assignee, shall be open on a priority basis to . members of the. public, including meetings of civic .and community organizations in the following manner : within the fourth quarter of each calendar year, City and the golf course/clubhouse operator shall meet and confer to establish a mutually agreeable priority use schedule for use of civic and community activities to occur during the following calendar year. Meeting room facilities shall be made available at no fee to the City Council, City Manager ' s office and City commissions, boards and committees not less than two ( 2) days per calendar month. Residents of Lake Elsinore and municipal employees shall be granted a 10% discount on green fees. City shall be entitled to periodically review t public nature of the golf course operation, including the schedules for use of clubhouse facilities. Developer shall use its best efforts to evaluate and apply for a golf course/clubhouse Specific Plan amendment as discussed above and, in the event the amendment is submitted and approved, City agrees -6- �� r to permit the construction of 500 additional attached or detached dwelling units on the Property ( in excess of the 2 , 235 dwelling units herein provided) at such locations as are indicated on the Specific Plan amendment. In order to accomplish this golf course/clubhouse Specific Plan amendment, the parties recognize that a corresponding reduction in the amount of permanent passive open space will be necessary. The parties acknowledge and agree that the establishment of the above-discussed golf course and civic and community use of the clubhouse meeting facilities shall be deemed to satisfy any and all deficiencies in required park and recreational lands and/or in-lieu fees pursuant to Specific ..Plan .No. . 89-2. Shared civic use of clubhouse facility by City shall run in perpetuity as consideration for in-lieu fee offset . 3. 4 Annexation to City. On August 8, 1989 , at a duly noticed public hearing, the City Council adopted Resolution No. 89-35, which granted its consent to the initiation of annexation proceedings pursuant to the Cortese--Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et sec . ) for the real property encompassed by Specific Plan No. 89- 2. A landowner-initiated annexation petition was thereafter filed with LAFCO. If the annexation of the Property is approved by LAFCO, the matter will be submitted to the City for final approval pursuant to Government Code Section 57002(b) or , if notice and hearing are required, the matter will be set for hearing by City at the earliest possible scheduled time following LAFCO approval. 3 . 5 Entitlements and approvals . In contemplation of the -7- <;1 V t annexation of the Alberhill Ranch property, applications for various Development Approvals have been submitted to City in connection with the Development of the Alberhill Ranch project, T including but not limited to the following: (1) Certification of a Final EIR on the Alberhill Ranch project. ( 2) Specific Plan No. 89-2 approval (which shall constitute the applicable zoning for the Alberhill Ranch project) . (3) General Plan amendment approval . (4) Preannexation zoning approval (consistent with Specific Plan No. 89-2) . (5) Approval of this Agreement (which includes a finding of consistency with the General Plan) . (6) Annexation of the project site to City. It is contemplated that as of the Effective Date of this Agreement, all of the above Development Approvals will have been granted or approved by City. 3. 6 Consideration. City has determined that entry into this Agreement will further, City' s goals and objectives of becoming a major retail center and recreation and resort-oriented community in the region. This Agreement will also further the goals and objectives of City' s land use planning policies by . eliminating uncertainty in planning for and securing orderly Development of the Project so that adequate long-term plans regarding the provision of necessary infrastructure for existing and future City residents can be developed and implemented. Further, the maximum effective utilization of resources within City will be pursued at the least economic cost to its citizens. City acknowledges that the Project is and shall be considered a -8- V-71- l single,, integrated development project, that each phase of the Project is dependent upon the completion and occupancy of each other phase, and that the viability of each phase of the Project is and shall be dependent upon the completion and occupancy of each other phase and the full performance of this Agreement. The benefits conferred by Developer herein will facilitate the installation of certain public improvements and will help increase traffic capacity for the road system of City, both of which will promote the health, safety and general welfare of existing and future City residents. In exchange for these benefits to City and its residents, Developer wishes to receive .the assurances permitted by state law that Developer may proceed to develop the Project in accordance with Existing Land Use ordinances, and its existing financial and contractual commitments, and at a rate of Development- of its choosing, subject to the terms and conditions contained in this Agreement . The assurances provided by City and Developer to each other herein are provided pursuant to and as contemplated by statute, bargained 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. City and Developer agree that the following amenities and improvements being provided by Developer as part of the planning, financing and construction of the Alberhill Ranch project will result in substantial general public benefit: a. As part of the Development of the Alberhill Ranch project, Developer will provide a substantial amount of permanent i passive and active open space, including the golf course and related facilities referenced in Section 3 . 3 above, in accordance with the applicable provisions of the Specific Plan. Developer agrees to provide as a turn key project the combined 15-acre elementary school site/park for park purposes only in conjunction with the first phase of the Project, and operational concurrent with opening of project ' s Phase I model complex. The school site portion, consisting of approximately 10 acres, shall be graded, hydroseeded and irrigated by Developer, who shall also install soccer- and baseball fields in accordance with City standards f such facilities. City acknowledges that Developer intends to .convey the school site to the appropriate school district , and City further acknowledges that the future availability of the school site for City use after the conveyance shall be subject to mutual agreement of City and the school district. b. The Development of the commercial portion of the Alberhill Ranch project will produce new jobs and a positive fiscal impact. The commencement of commercial development is conditioned on the availability of utility services and the assurances that the Project may proceed to its conclusion pursuant to the terms and conditions of this Agreement. C. Developer will design and construct a waste water treatment plant with capacity greater than that required just tor the Alberhill Ranch project. d. Developer will design and construct a water distribution system including storage capacity in excess of that required just for the Alberhill Ranch project. -10- l t f e. Developer will design and construct improvements to the circulation system located within the boundaries of Specific Plan No. 89-2, including half-width improvements for Lake Street, Nichols Road and Coal Road. These improvements will provide street capacity in excess of needs generated by the Alberhill Ranch project. The parties acknowledge that additional in-tract and off-tract improvements and associated fees may be required in connection with the subdivision review process occurring in the future; provided, however, such improvements and fees must be expressly authorized by state and local laws and must bear a direct and reasonable relationship in fact to needs, impacts and .burdens .proximately created by .the proposed subdivision. f. Within one ( 1) month after the Effective Date of this Agreement, Developer agrees to pay the sum of $100 ,000 .00 to City ' for the purpose of preparing a report torstudy the needs assessment, economic feasibility and evaluation of potential sites for a possible mixed use cultural/performing arts center , including enclosed theater and open air amphitheater facilities. In the event the actual cost of the report does not exceed $100,000 .00, City shall refund the remaining difference to Developer . The consideration to Developer for the provision of these special amenities which are not otherwise legally required of Developer is the consummation of this Agreement by City. g. In consideration for City ' s entering into this Agreement and the uses permitted herein, Developer agrees to support the annexation to City and further agrees that it will _11- i i I comply with all the conditions of approval during the time this Agreement is in full force and effect . The parties acknowledge that this Agreement by City is a material consideration for Developer ' s acceptance of the conditions of approval as specifically set forth herein. h. Developer shall cooperate to the extent feasible to work with City and the Lake Elsinore Foundation to keep the point of sales tax within the city. i . Developer shall pay to City substantial Development Agreement Fees, as set forth in Section 9 . 5 ( 1) below for municipal capital facilities and improvements and municipal ..public services. 4. PROPERTY COVERED The portion of the Alberhill Ranch property covered - by this Agreement is described in Exhibit "C" attached hereto and incorporated herein by this reference. 5. INTEREST OF CONTRACTING PARTY Developer has a legal and equitable interest in the real property subject to this Agreement and described above in Section 4. 6 . DURATION OF AGREEMENT 6 .1 Scheduling. Pursuant to Government Code Section 65865 . 2, the duration of this Agreement shall be for fifteen ( 15) calendar years from and after the effective date hereof . -12- \{ vim. 1 Construction of the Project covered by this Agreement willbe diligently undertaken following receipt of requisite Development Approvals from City. City and Developer acknowledge that Developer cannot at this time accurately predict the time schedule within which the Project will be developed, except that it will be completed within the aforesaid fifteen (15 ) year period. Such decisions with respect to the rate of Development of the Project will depend upon a number of circumstances not within the control of Developer , including market factors, demand, the state of the economy, and other matters . Therefore, so Long as the Project is constructed in a manner consistent with :City' s .Existing Land .Use Ordinances and Existing Development Approvals and this Agreement, Developer shall have the right to construct the Project at the rate and in the sequence deemed appropriate by Developer within the exercise of its sound business judgment; provided, however, that Developer shall have the vested right to construct a minimum of 745 dwelling units (the "Residential Construction Minimum" ) and 907 , 500 square feet of commercial/industrial buildings ( the "Commercial/Industrial Construction Minimum" ) per year on the Property, subject to increase as hereinafter set forth. The Residential Construction Minimum and the Commercial/Industrial Construction Minimum shall be increased each year by the number of dwelling units or amount of square feet, respectively, equal to any difference between the Residential Construction Minimum and the Commercial/Industrial Construction Minimum for previous years during the term of this Agreement, less the actual number of dwelling units or square -13- III footage of Development constructed in such previous years. It is Developer ' s present reasonable expectation that Development of the Project will be completed within the term of this Agreement. For purposes of this Agreement, completion of the Project shall mean the date on which a certificate of occupancy or comparable instrument is issued for the last improvement or structure constructed pursuant to this Agreement . Following the expiration of the aforesaid fifteen ( 15) year term, this Agreement shall be deemed terminated and of no further force and effect ; provided, however, that such termination shall not affect any right of Developer arising from City entitlements for the Project which were approved prior to, concurrently with or subsequent to the approval of this Agreement. 6. 2 Periodic review. City shall, in accordance with . applicable state law, review this Agreement at least once every twelve (12) months from and after the Effective Date hereof . During each such periodic review, City and Developer shall 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. City' s failure to review at least annually Developer ' s compliance with this Agreement shall not constitute or be asserted by either party as a breach of the other party. 6 .3 Certification of completion,. Promptly upon completion of the Project, City shall provide Developer with an instrument so certifying. This certification shall be a conclusive -14- • determination that the obligation of Developer under this Agreement has been met. The certification shall be in such form as will enable it to be recorded in the Official Records of Riverside County, California. l� 7 . AMENDMENTS Except as otherwise provided herein, this Agreement may be amended in whole or in part only by mutual written consent of the parties and in the manner provided by Government Code Section 65868 . Any minor deviation from this Agreement, as discussed below, does not require an amendment to this Agreement. Upon the written ,request of Developer for a minor amendment I or modification to Specific Plan No. 89-2, including but not limited to the location of buildings, streets and roadways and other physical facilities, or the configuration of the parcels, lots or development areas set forth in the Specific Plan or the subdivision maps, City' s Community Development Director or his/her designee shall determine whether the requested amendment or modification is consistent with this Agreement, the City ' s General Plan, Specific Plan No. 89-2 and applicable provisions of City' s zoning and subdivision ordinances in effect as of the Effective Date of this Agreement. For purposes of this Agreement, the determination whether such amendment or modification is minor shall depend upon whether the amendment or modification is minor in the context of the overall Alberhill Ranch project. If the Community Development Director or his/her designee finds that the proposed amendment is both minor and -15- 42-1 II I ' 1 I consistent with this agreement, City' s General Plan, Specific Plan No. 89-2, and applicable provisions of City ' s zoning and subdivision ordinances, the Community Development Director or his/her designee may approve the proposed amendment without notice and public hearing. For purposes of this Agreement and notwithstanding any City ordinance or resolution to the contrary, lot line adjustments, or building construction or remodeling projects confined within the exterior perimeter of the building footprints shall be deemed minor amendments or modifications. Such amendments or modifications approved pursuant to this section shall not constitute subsequent discretionary approvals : subject to further CEQA review or determination. In the event that Developer ' s request for a minor amendment or modification is denied by the Community Development Director or his/her designee, Developer shall have the right to appeal- such determination to the Planning Commission, and thereafter to the City Council if necessary, in accordance with the City' s applicable appeal i procedures. Upon the approval of any minor amendment or modification as provided above in this section, City shall provide -Developer with an instrument so certifying. The certification shall be in such form as will enable it to be recorded in the Official Records o Riverside County, California. Except as provided above in this section, the amendment or modification of Specific Plan No. 89-2 shall be subject to the applicable substantive and procedural provisions of City' s zoning, subdivision and other applicable land use ordinances in -16- i i effect (1) on the date of the request for the amendment or modification as to changes relating to the permitted uses of the Property and the density and intensity of use, and ( 2 ) on the Effective Date of this Agreement as to all other amendments or modifications . 8 . PERMITTED USES OF PROPERTY The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of the proposed buildings on the property, the design standards for such construction, and provisions for reservation or dedication of land for public purposes are all set forth in Specific Plan No. 89-2 . and are incorporated .herein by this reference. They are the i uses of the Property covered by this Agreement which are specifically permitted by this Agreement and City is bound to permit those uses on the Property. City- agrees to grant and implement Development Approvals for the Project and to grant other land use and construction approvals, subject to the applicable review and conditioning process, including but not a limited to grading permits, building permits, subdivision maps, lot line adjustments, use permits, variances and certificates of occupancy reasonably necessary or desirable to accomplish the goals, objectives , policies and plans shown and described in the Specific Plan No. 89-2 and this Agreement . It is expressly understood that Developer shall have a vested right and be entitled to construct 2, 235 dwelling units and an additional 500 dwelling units in the event of a Specific Plan amendment for a golf course as referenced above in Section 3.3, and approximately -17- I 1 • I 47 acres of Neighborhood Commercial and Highway and Office Commercial uses consisting of 2,722, 500 square feet of buildings. i Multi-family uses may overlay the commercial zones, and commercial uses may overlay the multi-family zones, but in no event shall the total number of dwelling units exceed 2,735 . Multi-family density may be up to thirty ( 30) dwelling units per acre and be constructed up to three ( 3) stories subject to design review, in accordance with the criteria set forth in the Specific Plan or as may be subsequently amended. Developer will provide its fair share of affordable housin, within the multi-family zones of the Specific Plan. If area within the .multi-family zones prove deficient, areas with i Commercial zones shall be utilized. The total number of affordable units in the low and very low income ranges, as determined by the County of Riverside median average, shall be equal to 5% of the total number of residential dwelling units actually constructed by Developer . The affordable mix between low and very low income ranges shall be based on the current Housing Element standards . The affordable housing shall begin construction upon the completion of 50% of the Specific Plan' s 1 total units and shall be completed upon the completion of 75% of the Specific P1an' s total units based on the estimated build-ou City will assist Developer in providing its fair share of affordable housing by providing access to available redevelopment set aside funds . Other economic incentives such as bond assistance, reduction of development standards, etc. , may also be offered at the discretion of City. Developer will be responsible -18- i i for implementing changes that from time to time may occur to City' s Housing Element, where such changes occur on a city-wide equitable basis. The affordable units shall remain in the affordable categories as long as City maintains a regional affordable housing requirement. City further agrees to grant and implement subsequent Development Approvals for the Project related to building . I construction or remodeling confined within the exterior perimeter of the building footprints identified on Specific Plan No. 89-2. Any such building construction or remodeling shall be subject to the maximum height and exterior architectural design specifications set forth in Specific Plan No. 89-2. i I The aforementioned subsequent discretionary approvals shall be granted and approved by City on a timely basis, provided r submitted to City during the applications for such approvals are y g term of this .A reement Developer ' s failure to develop the 9 P Project shall not result in any liability for Developer except as is provided in this Agreement. Notwithstanding any provision herein to the contrary, City agrees that Developer shall have the right to commence grading the Property at any time after the effective date of this Agreement (subject to securing a grading permit) , and that permits will not be denied based on season or date provided that Developer agrees to comply with all required precautions, to use due care in grading activities and to take reasonable steps to prevent erosion, slippage or dangerous runoff conditions. f I i {I I I { I � I I I I 9 . VESTING OF RULES, REGULATIONS AND OFFICIAL POLICIES 9.1 Effective standards. Except as otherwise provided in this Agreement, the written rules, regulations, official policies and conditions of approval (as adopted by ordinance, resolution, minute order or other such official method) governing permitted uses for the Project , development, density and intensity of use, design, improvement, construction and building standards, occupancy and specifications applicable to the Project, and all on-site and off-site improvements and appurtenances in connection therewith, including without limitation the conditions of approval shall be those rules, regulations and official policies ..in force upon the Effective Date of this Agreement which are not i inconsistent with Specific Plan No. 89-2 . 9. 2 No conflicting enactments . Neither City nor an agency G Y Y g Y of City shall enact an ordinance, resolution or other measure which relates to the rate, timing or sequencing of the Development or to the construction of the Project on all or any part of the Property, including but not limited to the development standards therefor, which is in conflict with this Agreement. 9. 3 Initiatives and moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum or otherwise which relates to the rate, timing or sequencing of the Development or construction of the Project on all or any part of the Property, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, or the Existing Development Approvals -20- i 1 I 1 ' to the extent that such ordinance, resolution or other measure is I in conflict with this Agreement. Without limiting the foregoing, City agrees that no moratorium or other limitation (whether or not relating to the rate, timing or sequencing of Development) affecting subdivision maps, building permits or other entitlements to use which are approved or to be approved, issued or granted within City, or portions of City, shall apply to the i Project, the Property or the Existing Development Approvals to the extent it is in conflict with this Agreement. To the maximum E extent permitted by law, City agrees to use its best efforts to prevent any such ordinance, measure, moratorium or other a . limitation. from .invalidating or prevailing over all or any part of this Agreement , and City agrees to cooperate with Developer in a reasonable manner in order to keep this Agreement in full force t an initiative and effect. Cityshall not support or ado , PP P Y { referendum, moratorium, ordinance, policy or take any other action ( including but not limited to the delay or stoppage of the development, processing or construction of the proposed project) which would violate the intent of this Agreement. Developer reserves the right to challenge any such ordinance or other measure in a court of law should it become necessary to protect the development rights vested in the Project and the Property pursuant to this Agreement. 9.4 Subsequent changes in state or federal laws .. This Agreement shall not preclude the application to the Project of any state or federal laws or regulations enacted after the I Effective Date of this Agreement which prevent or preclude -21- , i I i i compliance with one or more provisions of this Agreement pursuant to Government Code Section 65869 . 5. In the event such changes in state or federal law prevent or preclude compliance with one or more provisions of this Agreement, City and Developer shall take such action as may be required pursuant to this Section 9 and i Section 11 of this Agreement. 9 . 5 Fens , conditions and dedications . Developer shall make only those dedications and pay only those fees expressly prescribed in this Agreement, the Existing Development Approvals, and subsequent Development Approvals, provided that such dedications and fees are imposed on a city-wide basis . (1) Filing and processing fees . The filing and processing fees for all Development Approvals for the Project charged by City shall be those fees which are in force and effect i on a city-wide basis at such time building permits are issued. In addition, Developer agrees to pay a special fee ( "Development Agreement Fee" ) for each residential dwelling unit at the time of building permit issuance for municipal capital facilities and improvements and municipal public services, including but not limited to a civic center, police stations, fire stations, libraries, cultural facilities, senior citizen facilities , recreational facilities and corporate yards, in the following manner: (a) For the Project as approved by Specific Plan No. 89-2 and reflected on Exhibit "C" attached hereto, Developer agrees to pay a fee of $3,000 per unit at the time of building permit issuance during the period from the Effective Date of this -22- tit/ i I ' I i Agreement to the fifth anniversary date thereof; a fee of $4,000 per unit at the time of building permit issuance during the period from the fifth anniversary date of the Effective -Date of this Agreement to the tenth anniversary date thereof; and a fee of $5,000 per unit at the time of building permit issuance during the period from the tenth anniversary date of the Effective Date of this Agreement to the expiration date hereof. i (b) For the Project as may be amended by a future amendment to Specific Plan No. 89-2 providing for a golf course and related facilities as described in Section 3 . 3 above, Developer agrees to pay a fee of $1, 000 per unit at the time of building permit issuance during the term of this Agreement; provided, however, that at least 9 holes of the golf course are operational and open to public play by the fifth anniversary date of the Effective Date of this Agreement and that the remaining 9 holes and clubhouse are operational and open to public play/use by the seventh anniversary date of the Effective Date of this Agreement. If either ( i) 9 holes of the golf course are not {, operational and open to public play by the fifth anniversary date of the Effective Date of this Agreement or (ii) the remaining 9 holes of the golf course and the clubhouse are not operational and open to public play/use by the seventh anniversary date of the Effective Date of this Agreement, then the fee shall be $2,000 per unit at the time of building permit issuance for each permit not yet issued for the remaining term of the Agreement following the fifth or seventh anniversary dates, respectively, provided that the entire 18-hole golf course and clubhouse are --23- 41741 I , i I i I I j I operational and open to public play/use by the tenth anniversary date of the Effective Date of this Agreement . If the entire 18- hole golf course and clubhouse are not operational and open to public play/use by the tenth anniversary date of the Effective Date of this Agreement, then the fee shall be $3, 000 per unit at i the time of building permit issuance for each such permit not yet issued for the remaining term of the Agreement . City agrees to provide Developer with a periodic accounting, or upon reasonable request by Developer, setting forth the amount of Development Agreement Fees levied and collected by City and the specific purposes and/or projects for which such fees are ? expended. City agrees in good faith to use its best efforts to locate certain new municipal capital facilities and improvements i on the Property in consultation with and with the consent of Developer . (2) Taxing power . Nothing in this Agreement shall I prohibit the adoption and application of a special tax approved by City' s voters, provided that such tax is imposed on a city- j wide basis. (3) Commercial rent control or office condominium conversion. During the term of this Agreement, City shall not impose or enact any ordinance, regulation, fee or condition wh h directly or indirectly controls or otherwise restricts market forces on commercial or residential rents charged within the { Property, or applies directly or indirectly to the conversion of office or residential rental units to condominiums within the Property. -24- �� i ( 4) Future_ tentative maps, specific plan amendments and development impact fees. Developer will be subject to conditions as a result of tentative map review or specific plan amendments and to any development impact fees that may be adopted by City on a city-wide basis. j 9.6 Life of subdivision mans . Pursuant to Government Code Section 66452 .6(a) , the term of any subdivision maps approved for the Project shall be extended for the term of this Agreement . i 10. EFFECT OF AGREEMENT WHEN RULES CHANGE City' s .rules and regulations governing permitted uses of the ..Property, .its .density, of development, and its design, improvement i and construction standards are those rules and regulation in force at the Effective Date of this Agreement. However , this Agreement does not prevent City in subsequent actions generally I applicable to the Property and other similarly situated real property within City from enacting and imposing changes in City' s uniform building, plumbing, mechanical, electrical and fire 1, codes, providing said changes are (1) necessary to protect the public health and safety and ( 2) not in conflict with the rights conferred by this Agreement. 11. COOPERATION AND COVENANT OF. FURTHER ASSURANCES 11.1 Third party actions . Developer and City shall cooperate in defending any action or proceeding instituted by any third party challenging the validity of any provision of this Agreement or any action taken or decision made hereunder . -25- I i4 l I � i i i I Developer agrees to assume the lead role in the defense of any such action or proceeding so as to minimize litigation expenses incurred by City. In addition, any court action or proceeding brought by any third party to challenge this Agreement or any i i other permit or approval required from City or any other governmental entity for Development or construction of all or any portion of the Project covered by this Agreement shall constitute a permitted delay under Section 12. Notwithstanding the foregoing, the filing of any third party litigation against City and/or Developer relating to this Agreement or any provision thereof shall not be a reason to delay or stop the Development, _ processing, or .construction of the Project ( including but not .limited to the issuance of building permits or certificates of occupancy) unless the third party obtains a court order j preventing the activity. City will not stipulate to the issuance of any such court order. 11. 2 Further assurances. Each party covenants on behalf of itself and its successors and assigns to take all actions and do all things, and to execute with acknowledgments or affidavits if required any and all documents and writings that may be necessary or proper to achieve the purposes and objective of this Agreement. Each party shall take all necessary measures to see that the provisions of this Agreement are carried out in full. 11. 3 Processing. If necessary or required, upon i satisfactory completion by Developer of all required preliminary actions and payments of appropriate filing and processing fees, if any, City shall use its best efforts to promptly commence and -26- i r diligently proceed to complete all steps required or necessary for the implementation of this Agreement and the Development by Developer of the Project in accordance with the Existing Development approvals, including but not limited to the following: l (1) The City Council shall instruct City' s Planning {, Department, City' s Planning Commission and all other relevant agencies of City which are affected or may be affected use their best efforts to diligently process any and all Development Approvals necessary for Developer to obtain all necessary permits to begin and complete construction of the Project. ( 2) City .shall use its best efforts to schedule, i convene and conclude all required public hearings in a diligent manner consistent with applicable laws and regulations in force i as of the Effective Date of this Agreement. ( 3) City shall use its best efforts to process and i approve in a diligent manner, all maps, plans , land use permits, building plans and specifications and other applications for Development Approvals relating to the Development of the Project, filed by Developer , including but not limited to all General Plan and Specific Plan amendments, zoning, final development plans, tentative maps, parcel maps, final maps, resubdivisions, amendments to maps, subdivision improvement agreements, lot line adjustments, encroachments, grading and building permits , variances, use permits and related matters as necessary for the completion of the development of all lots and parcels comprising the Project, to the extent permitted by law. -27- i i r� i i i ( 4) City will use its best efforts to maximize the amount of acreage which is released for grading and allocated to City pursuant to the Riverside County Short-Term Habitat Conservation Plan for the Stephens Kangaroo Rat and will take 4 such steps as may be necessary or appropriate from time to time to secure such maximum allocation. ( 5) Developer agrees to process such -3ermits as may be ' necessary for its golf course plan with the U.S. Army Corps of Engineers , U.S. Fish and Wildlife Service and California Department of Fish and Game in an expeditious manner and to report monthly to City on the progress of same. Developer will use its best efforts to timely provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder and cause Developer ' s planners-, engineers and all other '' consultants to submit in a timely manner all required materials and documents therefor . It is the express intent of Developer and City to cooperate and diligently work to implement any General Plan amendment, zoning, final Development plan and/or other land use, grading or building permits or approvals which are necessary or desirable in connection with the development of the Project in substantial conformance with this Agreement . 11.4 Other governmental permits. In addition, Developer shall apply in a timely manner for such other permits and approvals as are required by other governmental agencies having a jurisdiction over the Project in connection with the development of, or provision of services to, the Project. City shall -28- i I ' I cooperate with and use its best efforts to assist Developer in coordinating the implementation of the Project with such other governmental agencies and in obtaining permits, approvals and services from those agencies as may be necessary to implement the Project. I 11. 5 . Financing of public facilities and/or services . City and Developer shall in good faith use their best efforts to establish one or more community facilities districts (pursuant to the Mello-Roos Community Facilities Act of 1982 as set forth in Government Code Section 53311 et sec . ) and such other assessment, improvement or maintenance distracts, as may be appropriate, for i the purpose of funding the planning, design, construction and maintenance of public facilities, including related fees ( including those referenced above in Section 9 . 5) and the acquisition of land therefor, and/or the provision of public services for the Project. The parties expect that bonds, assessments, liens or other such financing devices would be issued or levied to provide sufficient funds for the above- mentioned purpose. City and Developer agree that the proportion of assessed real property value allocated to real property taxes and aggregate debt service may go up to but shall not exceed two percent ( 20) , and City shall take no action to limit such allocation to less than two percent ( 2%) . City acknowledges that completion of proceedings to establish one or more public financing districts as discussed above is critical to provide the parties with security for performance by Developer of its obligation to commence and complete construction of major -29- <VI� i I I infrastructure. To the extent that the infrastructure required by City to be constructed by Developer is in excess of the needs and demands of the Project and will be utilized by future developments, City agrees to use its best efforts to cause such future developments to contribute to the costs of the i infrastructure ( including but not limited to the formation of an assessment district) and, from such funds, cause appropriate reimbursement payment(s) , including interest at the legal rate, to be made to Developer after first reimbursing the public financing district to the extent district funds were expended construct the infrastructure. Developer understands that 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 by City to be funded through said Authority. 11. 6 Utilities coordination. * City shall use its best efforts to assist Developer in obtaining all electrical, gas, telephone and other necessary utility connections required by the Project. Within a reasonable time after request therefor by Developer, City shall approve all connection and access points for such utilities if in compliance with all applicable ordinances, . rules and regulations . 11.7 Covenant of good faith and fair_dealing. Except as may be required by law, neither party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the specified and described benefits of this Agreement, each party shall refrain from doing anything -30- r � I which would render its performance under this Agreement impossible or impractical; and each party shall do everything which this agreement describes that such party shall do. 12. PERMITTED DELAYS i Developer shall be excused from performance of its obligations hereunder during any period of delay caused by acts i of God or civil commotion; riots, strikes, picketing, or other labor disputes; unavoidable shortage of materials or supplies; damage to work in progress by reason of fire, flood, earthquake or other casualty; litigation; initiatives or referenda; . .....moratoria; acts or neglect of City; or unanticipated restrictions imposed or mandated by other governmental entities . Each party shall promptly notify the other party of any delay hereunder as I soon as possible after the same has been ascertained, and the term of this Agreement shall be extended by the period of any . such delay. 13 . ESTOPPEL CERTIFICATES Either party may at any time, and from time to time deliver written notice to the other party requesting the other party certify in writing that to the knowledge of the certifying party: (1) this Agreement is in full force and effect and is a binding obligation of the parties; ( 2) this Agreement has not been amended or modified, and, if so amended or modified, to identify the relevant documents; and ( 3) no default in the performance of the requesting party' s obligations under this Agreement exists -31- i i i t I i or, if in default, the nature of any default. A party receiving a request hereunder shall execute and return the certificate within thirty (30) days following the receipt thereof . h 14. RECORDATION BY CITY CLERK Pursuant to Government Code Section 65868. 5, within ten ( 10 ) days of City' s execution of this Agreement the City Clerk shall record a copy with the Riverside County Recorder . Thereafter, j the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 15. DEFAULT 15 . 1 Events of default. Subject to any written extension of time by mutual consent of the parties, and subject to the provisions of Section 12 regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute default if such defaulting party 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 default is such that it cannot be cured within thirty (30 ) days, the commencement of a cure within suer period and the diligent prosecution to completion of the cure shall be deemed to be a cure within such period. Any notice of default given hereunder shall specify in detail the nature of the alleged default and the manner in which such default may be satisfactorily , cured in accordance with the terms and conditions -32- of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged with such failure of performance shall 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, or for purposes of issuance of any building or grading permit with respect to the Project (provided that failure of performance is unrelated to the entitlement to obtain such permit) . 15 . 2 Remedies . Upon the occurrence of default under this section and the expiration of any applicable cure period, the non-defaulting party shall have such rights and remedies against the .defaulting party as it may have at law or in equity, including but not limited to the right to terminate this Agreement. 15 .3 No waiver . Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party' s right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to, take any action with respect to such default. No express written waiver of any default shall affect any other default, or cover any other, period of time except that specified in such express waiver . 15 . 4 Effect of termination. Termination of this Agreement by one party due to the other party' s default shall not affect any right or duty emanating from City entitlements or approvals --3 3-- i t i on the Project, but the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of such termination. If City terminates this Agreement because of Developer ' s default, City shall retain any and all benefits including money or land received by City hereunder . If Developer terminates this Agreement because of City' s default, Developer shall be entitled to a return or a refund of all unused benefits and exactions paid, given or dedicated to City pursuant to this Agreement. 16. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE In addition to specific provisions of this Agreement , performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war , insurrection, strikes, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, litigation, referenda, initiatives, moratoria, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting City, county, state or federal laws or regulations, judicial decisions, or similar basis for excused performance which is not within the reasonable control of the party to be excused. If written notice of such delay is given to either party within thirty ( 30) days f the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced i delay, or longer as may be mutually agreed upon. -34- I i { I s 17 . APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of the State of California. 18. NO JOINT VENTURE OR PARTNERSHIP City and Developer hereby renounce the existence of any form of joint venture or partnership between City and Developer , and 1 expressly agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners. It is understood that I the contractual relationship between City and Developer is such that Developer .is an independent contractor and not an agent of City. Furthermore, this Agreement is not intended, or shall it be construed, to create any third party beneficiary rights in any person who is not a party to this Agreement. 19 . ADDRESSES FOR NOTICES Any notice sent to either party under this Agreement shall be in writing and shall be given by delivering the same to such party in person or by sending the same by registered mail, return i receipt, with postage prepaid, to the following addresses: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92330 Attn: City Manager i Brighton Alberhill Associates 505 North Tustin Avenue Suite 250 Santa Ana, CA 92705 Attn: Mr . Todd Cunningham -35- I I 1 { I 20 . COVENANTS RUNNING WITH THE LAND All of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective successors and assigns, and all other persons or entities acquiring all or any portion of the Property, and shall inure to the benefit of such parties and their respective successors and assigns. All the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with^, the land pursuant to applicable law, including but not limited to California Civil Code Section 146f Each covenant to do or refrain from doing some act on the property covered by .this Agreement is for the benefit of such property and is a burden upon such property, runs with such property and is binding upon each party and each successive owner during its ownership of such property or any portion thereof, and shall benefit each party and its property hereunder, and each other party succeeding to an interest in such property. Notwithstanding the foregoing, upon the sale or lease for more 1 than one year of a dwelling unit or office or commercial or industrial space by Developer to a member of the public, but not upon the bulk sale thereof to any person or entity for resale to the public, such residential unit or office, commercial or industrial space shall be automatically released from the terms, provisions, covenants and obligations of this Agreement without 1 the necessity of executing or recording any specific instrument of release. 1 -36- i 21. EFFECT OF AGREEMENT City and Developer agree that unless this Agreement is amended or terminated pursuant to its provisions, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted in any General Plan • I amendment, Specific Plan, zoning ordinance, subdivision f ordinance, or any other land use ordinances or building ordinances, resolutions or other rules, regulations or policies i of City which change, alter or amend the rules, regulations and policies applicable to the Development of the Project as of the i Effective Date of this Agreement as provided by Government Code .Section 65866. This Agreement shall not prevent the City from taking subsequent actions applicable to the project from applying new rules, regulations and policies which ( 1) are necessary to protect the public health and safety, ( 2) are not directly or indirectly in conflict with those rules, regulations, policies applicable to the Project as set forth herein, and ( 3) do not prevent or materially frustrate the Development of the Project as contemplated herein. 22. CONSISTENCY FINDING By approving and executing this Agreement, City finds that its provisions are consistent with City' s General Plan and with Specific Plan No. 89--2, and City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of City' s residents, property owners and taxpayers . -37- ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. 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 Alberhill Ranch Associates on March 14, 1990, 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 April 24, 1990, and found that (1) the Development Agreement is consistent with the City's General Plan and the Alberhill Ranch Specific Plan and (2) the previously certified environmental impact report prepared for the Alberhill Ranch 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 Alberhill Ranch Associates, 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 2'Pth, day of J.u.ne. 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, STARKEY, VAS)JIBIMIN! NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMIN,UEZ, WINKLER ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 10th day of July_:, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NO °f �f WC2 Ga y M. Washburn, Mayor C ty of Lake Elsinore VI-Q- Vicki Lynn Kasad, City lerk City of La Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. aUpe , Ci y Attorney City of Lalsinore 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 had its first reading on June 26, 1990, and had its second reading on July 10, 1990 and was passed by the following vote: I AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE YNNE SAD, CITY CLERK 'F CITY OF LAKE ILSINORE (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. 890 of said Council, and that the same has not been amended or repealed. DATED: July 18 , 1990 iVI CITYIOFYLAK ESAD, CITY CLERK LSINORE (SEAL) r - 40 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92330 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES FOR ALBERHILL RANCH DEVELOPMENT I i i I r TABLE OF CONTENTS Pane 1. PARTIES AND DATE. . . . . . . . . . . . . . . . . 1 2. DEFINITIONS . . . . . - . . . . . . . . . . . . . 2 3. RECITALS. . . . . . . . . . . . . . . . . . . . . 4 3.1 Legal authority. . . . . . . . . . . . . . . 4 3.2 Consistency findiig. . . . . . . . . . . . 4 i 3.3 Status of project. . . . . . . . . . . . 5 3.4 Annexation to City . . . . 7 3.5 Entitlements and approvals . . . . . . . . 7 3.6 Consideration. . . . . . . . . . . . . . . . 8 4. PROPERTY COVERED . . . . . . . . . . . . . . . . . i .. 5. INTEREST OF CONTRACTING PARTY . . . . . . . . . 12 6 . 'DURATION OF AGREEMENT . . . . . . . . . . . . . . 12 6.1 Scheduling . . . . . . . . . . . . . . . . . 12 6. 2 Periodic review . . . . . . . . . . . . 14 6.3 Certification of completion. . . . . . . . . 14 7 . AMENDMENTS . . . . . . . . . . . . . . . . . . . . 15 8. PERMITTED USES OF PROPERTY. . . . . . . . . . . . 17 9 . VESTING OF RULES, REGULATIONS AND OFFICIAL POLICIES . . . . . . . . . . . . . . 20 9 .1 Effective standards . . . . . . . . . . . . . 20 9 .2 No conflicting enactments . . . . . . . . . . 20 9 .3 Initiatives and moratoria. . . . . . . 20 9 .4 Subsequent changes in state or federal laws . . . . . . . 21 9. 5 Fees, conditions and dedications 22. (1) Filing and processing fees 2 ( 2) Taxing power . . . . . . . . . . . . . i . ( 3) Commercial rent control or office condominium conversion . . . . . 24 ( 4) Future tentative maps, specific plan j amendments and development impact fees 25 9 .6 Life of subdivision maps . . . . . . . . . . 25 10 . EFFECT OF AGREEMENT WHEN RULESCHANGE. . . . . . . . . . . . . . . . . . . 25 11. COOPERATION AND COVENANT OF FURTHER ASSURANCES. . . . . . . . . . . . . . . . 25 -i- a t y 11.1 Third party actions . . . . . . . . . . . . 25 11. 2 Further assurances. . . . . . . . . . . . . 26 11. 3 Processing. . . . . . . . . . . . . . . . . 26 11. 4 Other governmental permits. . . . . . . 28 11. 5 Financing of public facilities and/or services. 29 11. 6 Utilities coordination. 30 11.7 Covenant of good faith and fair dealing 30 12. PERMITTED DELAYS. . . . . . . . . . . . . . . . . 31 13. ESTOPPEL CERTIFICATES . . . . . . . . . . . . . . 31 14. RECORDATION BY CITY CLERK . . . . . . . . . . . . 32 15 . DEFAULT . . . . . . . . . . . . . . . . . . . . . 32 15. 1 Events of default . . . . . . . . . . . . . 32 15.2 Remedies. . . . . . . . . . . . . . . . . . 33 15. 3 No waiver 33 15.4 Effect of termination 33 16. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE . . . . . . . . . . . . . . . 34 17. APPLICABLE LAW. . . . . . . . . . . . . . . . . 35 18. NO JOINT VENTURE OR PARTNERSHIP . . . . . . . . . 35 19 . ADDRESSES FOR NOTICES . . . . . . . . . . . . . 35 20. COVENANTS RUNNING WITH THE LAND . . . . . . . . . 36 ' 21. EFFECT OF AGREEMENT . . . . . . . . . . . . . . . 37 22 . CONSISTENCY OF FINDING. . . . . . . . . . . . . . 37 23. TERMS OF CONSTRUCTION . . . . . . . . . . . 38 23. 1 Severability. . . . . . . . . . . . . . . . 38 23 . 2 Entire agreement. . . . . . . . . . . . . . 38 23 .3 Signature pages . . . . . . . . . . . . . . 38 23 . 4 Time. . . . . . . . . . . . . . . . . . . . 38 24. CONSENT OF OTHER PARTIES. . . . . . . . . . . . . 39 25. ASSIGNMENT AND NOTICE . . . . . . . . . . . . . . 39 26. ENCUMBRANCES AND RELEASES ON REAL PROPERTY. . . . 40 26. 1 Discretion to encumber . . . . . . . . . . . 40 26 .2 Entitlement to written notice of default . . 40 26 . 3 Property subject to pro rata claims. . . . . 41 26. 4 Releases . . . . . . . . . . . . . . . . . . 41 � -ii- I f 27 . OPERATING MEMORANDA . . . . . . . . . . . . . . . 41 28. INSTITUTION OF LEGAL ACTION . . . . . . . . . . . 42 29 . INSURANCE . . . . . . . . . . . . . . . . . . . . 43 29 . 1 Compensation insurance . . . . . . . . . . . 44 29 .2 Public liability and property damage insurance . . . . . . . . . . . . . . 44 EXHIBITS A. Existing Alberhill Ranch Specific Plan Land Use Plan B. Golf Course Draft Alternative Land Use Plan C. Property Covered by Development Agreement i i i Y" DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES FOR ALBERHILL RANCH DEVELOPMENT 1. PARTIES AND DATE The parties to this Development Agreement ( "Agreement" ) are the City of Lake Elsinore, California, a municipal corporation and political subdivision of the State of California ( "City" ) , and Brighton Alberhill Associates, a California general partnership ( "Developer" ) . The project to which this Agreement applies is commonly known as "Alberhill Ranch. " This Agreement is made and entered into on ��I 1990 . It is the intent of City and Developer that Developer secure t the entitlement to 2,235 residential dwelling units pursuant to approved City of Lake Elsinore Specific Plan No. 89-2 in exchange for payment of special fees in the amounts set forth in this Agreement and compliance with all other terms and conditions of this Agreement. f It is the further intent of City and Developer that Developer have the opportunity to secure an additional entitlement, through a Specific Plan amendment, to 500 additional attached or detached residential dwelling units in exchange for construction of a golf course/clubhouse facility, payment of special fees in the amounts set forth in this Agreement and compliance with all other terms and conditions of this Agreement. i t 4 2. DEFINITIONS 2.1 "Agreement" means this Development Agreement made and entered into by and between the City of Lake Elsinore and Brighton Alberhill Associates in accordance with applicable state law and local regulations. 2 . 2 "CEQA" means the California Environmental Quality Act of 1970 (California Public Resources Code Section 21000 et sear. ) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seg. ) . 2 . 3 "City" means the City of Lake Elsinore, including z officials, officers, employees, commissions , committees and boards. 2. 4 "City Council" means the duly elected City Council of the City of Lake Elsinore. 2. 5 "Developer" means Brighton Alberhill Associates, including its successors and assigns . 2 . 6 "Development" means the improvement of the Property for the purposes of constructing and otherwise effecting the structures, improvements and facilities comprising the Project as set forth in this Agreement, including but not limited to grading, the construction of infrastructure and public facilities related to the Project (whether located within or outside the { Property) , the construction of structures and buildings and the installation of landscaping. 2.7 "Development Approval(s) " means site specific plans, maps, permits, and other entitlements to use of every kind or nature approved or granted by City in connection with the -2- t development of the Property, including but not limited to general plan amendments, specific plans and amendments thereto, EIRs , negative declarations, categorical or statutory exemptions, tions, 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. 2.8 "Effective Date" means the date this Agreement is recorded with the Riverside County Recorder or the effective date of the annexation of the Property to City, whichever occurs P Y Y -later . The parties acknowledge that this Agreement shall not become operative and enforceable until and unless such annexation is completed. 2.9 "EIR" means an environmental impact report prepared in ` accordance with the provisions of CEQA. 2.10 "Existing Development Approvals" means those development approvals in effect on the Effective Date of this Agreement with respect to the Property, including but not limited to Specific Plan No. 89-2 (as adopted or as may thereafter be amended from time to time upon application by Developer) , annexation of the Property to City, this Agreement and general plan and zoning provisions. i 2 .11 "Existing Land Use Ordinances" means all those land use ordinances, resolutions, policies , rules and regulations adopted by City in effect on the Effective Date of this Agreement, including but not limited to those which govern the permitted i -3- �� r� uses of land, the density and intensity of use, subdivision codes, fees and exactions, growth management, design improvement and construction standards and specifications applicable to development of the Property. 2 .12 "LAFCO" means the Riverside County Local Agency Formation Commission. 2. 13 "Project" means the development project contemplated by the Existing Development Approvals , including but not limited to the land use plan encompassed by Specific Plan No. 89--2 with respect 'to the Property, consisting of not less than 2, 235 and not more than 2,735 dwelling units ( in accordance with Section 8 .below) and 2,722, 500 square feet of commercial/industrial buildings, including but not limited to all on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Agreement. 2.14 "Property" means the real property which is the subject of this Agreement and described in Section 4 below. 3. RECITALS 3.1 Legal, authority. . California Government Code Section 65864 et seq. authorize City to enter into development agreemer in connection with the development of real property within City. This Agreement is made and entered into pursuant to those ! provisions of state law. 3. 2 Consistency finding. By approving and executing this j Agreement, the City Council finds that its provisions are i -4- ram` consistent with City' s General Plan, Specific Plan No. 89-2 , and all other applicable Existing Land Use Ordinances of City. 3.3 Status of Proiect. Since November, 1987 , various property owners and developers have been in the process of planning, financing and preparing for the Development commonly known as the Alberhill Ranch, a large scale mixed use phased Development of some 3705 dwellings on 1853 acres in the City of Lake Elsinore more particularly described in City of Lake Elsinore Specific Plan No. 89-2 and City of Lake Elsinore EIR No. 89-2 . Additional land uses include commercial (neighborhood commercial and highway and office commercial) , schools, open space and recreational uses, . including two 5-acre neighborhood parks and one 30-acre community park. Exhibit "A" attached hereto and incorporated herein by this reference shows the intended land uses contemplated by the Specific Plan. Constructing the Alberhill Ranch project pursuant to City' s approved Specific Plan and providing the mitigation set forth in EIR No. 89-2 will require major investment by Developer in public facilities and onsite and offsite improvements. The Development has been analyzed and reviewed by City as part of its process of granting Development Approvals in light of the enacted land use standards and policies of. City embodied in its Existing Land Use Ordinances and pursuant to state law, including but not limited to CEQA. City and Developer contemplate that there may be a future amendment to Specific Plan No. 89-2 proposed by. Developer , which City encourages and supports, to establish an 18-hole championship public golf course, together with related -5- 42� � i 1 facilities, including but not limited to a championship clubhouse, within the designated open space area. The precise nature and scope of the golf course and clubhouse, including a phasing schedule therefor, shall be detailed in any amendment to the Specific Plan. (A draft concept plan for the golf course is attached hereto as Exhibit "B" and incorporated herein by this reference. City and Developer agree that this draft is for illustrative purposes only, is preliminary in nature, may be revised in whole or in part, and shall not be binding on either party. ) The golf course and related facilties, to be operated Developer or its assignee, shall be open on a priority basis to . members of the. public, including meetings of civic .and community organizations in the following manner : within the fourth quarter of each calendar year, City and the golf course/clubhouse operator shall meet and confer to establish a mutually agreeable priority use schedule for use of civic and community activities to occur during the following calendar year. Meeting room facilities shall be made available at no fee to the City Council, City Manager ' s office and City commissions, boards and committees not less than two ( 2) days per calendar month. Residents of Lake Elsinore and municipal employees shall be granted a 10% discount on green fees. City shall be entitled to periodically review t public nature of the golf course operation, including the schedules for use of clubhouse facilities. Developer shall use its best efforts to evaluate and apply for a golf course/clubhouse Specific Plan amendment as discussed above and, in the event the amendment is submitted and approved, City agrees -6- �� r to permit the construction of 500 additional attached or detached dwelling units on the Property ( in excess of the 2 , 235 dwelling units herein provided) at such locations as are indicated on the Specific Plan amendment. In order to accomplish this golf course/clubhouse Specific Plan amendment, the parties recognize that a corresponding reduction in the amount of permanent passive open space will be necessary. The parties acknowledge and agree that the establishment of the above-discussed golf course and civic and community use of the clubhouse meeting facilities shall be deemed to satisfy any and all deficiencies in required park and recreational lands and/or in-lieu fees pursuant to Specific ..Plan .No. . 89-2. Shared civic use of clubhouse facility by City shall run in perpetuity as consideration for in-lieu fee offset . 3. 4 Annexation to City. On August 8, 1989 , at a duly noticed public hearing, the City Council adopted Resolution No. 89-35, which granted its consent to the initiation of annexation proceedings pursuant to the Cortese--Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et sec . ) for the real property encompassed by Specific Plan No. 89- 2. A landowner-initiated annexation petition was thereafter filed with LAFCO. If the annexation of the Property is approved by LAFCO, the matter will be submitted to the City for final approval pursuant to Government Code Section 57002(b) or , if notice and hearing are required, the matter will be set for hearing by City at the earliest possible scheduled time following LAFCO approval. 3 . 5 Entitlements and approvals . In contemplation of the -7- <;1 V t annexation of the Alberhill Ranch property, applications for various Development Approvals have been submitted to City in connection with the Development of the Alberhill Ranch project, T including but not limited to the following: (1) Certification of a Final EIR on the Alberhill Ranch project. ( 2) Specific Plan No. 89-2 approval (which shall constitute the applicable zoning for the Alberhill Ranch project) . (3) General Plan amendment approval . (4) Preannexation zoning approval (consistent with Specific Plan No. 89-2) . (5) Approval of this Agreement (which includes a finding of consistency with the General Plan) . (6) Annexation of the project site to City. It is contemplated that as of the Effective Date of this Agreement, all of the above Development Approvals will have been granted or approved by City. 3. 6 Consideration. City has determined that entry into this Agreement will further, City' s goals and objectives of becoming a major retail center and recreation and resort-oriented community in the region. This Agreement will also further the goals and objectives of City' s land use planning policies by . eliminating uncertainty in planning for and securing orderly Development of the Project so that adequate long-term plans regarding the provision of necessary infrastructure for existing and future City residents can be developed and implemented. Further, the maximum effective utilization of resources within City will be pursued at the least economic cost to its citizens. City acknowledges that the Project is and shall be considered a -8- V-71- l single,, integrated development project, that each phase of the Project is dependent upon the completion and occupancy of each other phase, and that the viability of each phase of the Project is and shall be dependent upon the completion and occupancy of each other phase and the full performance of this Agreement. The benefits conferred by Developer herein will facilitate the installation of certain public improvements and will help increase traffic capacity for the road system of City, both of which will promote the health, safety and general welfare of existing and future City residents. In exchange for these benefits to City and its residents, Developer wishes to receive .the assurances permitted by state law that Developer may proceed to develop the Project in accordance with Existing Land Use ordinances, and its existing financial and contractual commitments, and at a rate of Development- of its choosing, subject to the terms and conditions contained in this Agreement . The assurances provided by City and Developer to each other herein are provided pursuant to and as contemplated by statute, bargained 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. City and Developer agree that the following amenities and improvements being provided by Developer as part of the planning, financing and construction of the Alberhill Ranch project will result in substantial general public benefit: a. As part of the Development of the Alberhill Ranch project, Developer will provide a substantial amount of permanent i passive and active open space, including the golf course and related facilities referenced in Section 3 . 3 above, in accordance with the applicable provisions of the Specific Plan. Developer agrees to provide as a turn key project the combined 15-acre elementary school site/park for park purposes only in conjunction with the first phase of the Project, and operational concurrent with opening of project ' s Phase I model complex. The school site portion, consisting of approximately 10 acres, shall be graded, hydroseeded and irrigated by Developer, who shall also install soccer- and baseball fields in accordance with City standards f such facilities. City acknowledges that Developer intends to .convey the school site to the appropriate school district , and City further acknowledges that the future availability of the school site for City use after the conveyance shall be subject to mutual agreement of City and the school district. b. The Development of the commercial portion of the Alberhill Ranch project will produce new jobs and a positive fiscal impact. The commencement of commercial development is conditioned on the availability of utility services and the assurances that the Project may proceed to its conclusion pursuant to the terms and conditions of this Agreement. C. Developer will design and construct a waste water treatment plant with capacity greater than that required just tor the Alberhill Ranch project. d. Developer will design and construct a water distribution system including storage capacity in excess of that required just for the Alberhill Ranch project. -10- l t f e. Developer will design and construct improvements to the circulation system located within the boundaries of Specific Plan No. 89-2, including half-width improvements for Lake Street, Nichols Road and Coal Road. These improvements will provide street capacity in excess of needs generated by the Alberhill Ranch project. The parties acknowledge that additional in-tract and off-tract improvements and associated fees may be required in connection with the subdivision review process occurring in the future; provided, however, such improvements and fees must be expressly authorized by state and local laws and must bear a direct and reasonable relationship in fact to needs, impacts and .burdens .proximately created by .the proposed subdivision. f. Within one ( 1) month after the Effective Date of this Agreement, Developer agrees to pay the sum of $100 ,000 .00 to City ' for the purpose of preparing a report torstudy the needs assessment, economic feasibility and evaluation of potential sites for a possible mixed use cultural/performing arts center , including enclosed theater and open air amphitheater facilities. In the event the actual cost of the report does not exceed $100,000 .00, City shall refund the remaining difference to Developer . The consideration to Developer for the provision of these special amenities which are not otherwise legally required of Developer is the consummation of this Agreement by City. g. In consideration for City ' s entering into this Agreement and the uses permitted herein, Developer agrees to support the annexation to City and further agrees that it will _11- i i I comply with all the conditions of approval during the time this Agreement is in full force and effect . The parties acknowledge that this Agreement by City is a material consideration for Developer ' s acceptance of the conditions of approval as specifically set forth herein. h. Developer shall cooperate to the extent feasible to work with City and the Lake Elsinore Foundation to keep the point of sales tax within the city. i . Developer shall pay to City substantial Development Agreement Fees, as set forth in Section 9 . 5 ( 1) below for municipal capital facilities and improvements and municipal ..public services. 4. PROPERTY COVERED The portion of the Alberhill Ranch property covered - by this Agreement is described in Exhibit "C" attached hereto and incorporated herein by this reference. 5. INTEREST OF CONTRACTING PARTY Developer has a legal and equitable interest in the real property subject to this Agreement and described above in Section 4. 6 . DURATION OF AGREEMENT 6 .1 Scheduling. Pursuant to Government Code Section 65865 . 2, the duration of this Agreement shall be for fifteen ( 15) calendar years from and after the effective date hereof . -12- \{ vim. 1 Construction of the Project covered by this Agreement willbe diligently undertaken following receipt of requisite Development Approvals from City. City and Developer acknowledge that Developer cannot at this time accurately predict the time schedule within which the Project will be developed, except that it will be completed within the aforesaid fifteen (15 ) year period. Such decisions with respect to the rate of Development of the Project will depend upon a number of circumstances not within the control of Developer , including market factors, demand, the state of the economy, and other matters . Therefore, so Long as the Project is constructed in a manner consistent with :City' s .Existing Land .Use Ordinances and Existing Development Approvals and this Agreement, Developer shall have the right to construct the Project at the rate and in the sequence deemed appropriate by Developer within the exercise of its sound business judgment; provided, however, that Developer shall have the vested right to construct a minimum of 745 dwelling units (the "Residential Construction Minimum" ) and 907 , 500 square feet of commercial/industrial buildings ( the "Commercial/Industrial Construction Minimum" ) per year on the Property, subject to increase as hereinafter set forth. The Residential Construction Minimum and the Commercial/Industrial Construction Minimum shall be increased each year by the number of dwelling units or amount of square feet, respectively, equal to any difference between the Residential Construction Minimum and the Commercial/Industrial Construction Minimum for previous years during the term of this Agreement, less the actual number of dwelling units or square -13- III footage of Development constructed in such previous years. It is Developer ' s present reasonable expectation that Development of the Project will be completed within the term of this Agreement. For purposes of this Agreement, completion of the Project shall mean the date on which a certificate of occupancy or comparable instrument is issued for the last improvement or structure constructed pursuant to this Agreement . Following the expiration of the aforesaid fifteen ( 15) year term, this Agreement shall be deemed terminated and of no further force and effect ; provided, however, that such termination shall not affect any right of Developer arising from City entitlements for the Project which were approved prior to, concurrently with or subsequent to the approval of this Agreement. 6. 2 Periodic review. City shall, in accordance with . applicable state law, review this Agreement at least once every twelve (12) months from and after the Effective Date hereof . During each such periodic review, City and Developer shall 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. City' s failure to review at least annually Developer ' s compliance with this Agreement shall not constitute or be asserted by either party as a breach of the other party. 6 .3 Certification of completion,. Promptly upon completion of the Project, City shall provide Developer with an instrument so certifying. This certification shall be a conclusive -14- • determination that the obligation of Developer under this Agreement has been met. The certification shall be in such form as will enable it to be recorded in the Official Records of Riverside County, California. l� 7 . AMENDMENTS Except as otherwise provided herein, this Agreement may be amended in whole or in part only by mutual written consent of the parties and in the manner provided by Government Code Section 65868 . Any minor deviation from this Agreement, as discussed below, does not require an amendment to this Agreement. Upon the written ,request of Developer for a minor amendment I or modification to Specific Plan No. 89-2, including but not limited to the location of buildings, streets and roadways and other physical facilities, or the configuration of the parcels, lots or development areas set forth in the Specific Plan or the subdivision maps, City' s Community Development Director or his/her designee shall determine whether the requested amendment or modification is consistent with this Agreement, the City ' s General Plan, Specific Plan No. 89-2 and applicable provisions of City' s zoning and subdivision ordinances in effect as of the Effective Date of this Agreement. For purposes of this Agreement, the determination whether such amendment or modification is minor shall depend upon whether the amendment or modification is minor in the context of the overall Alberhill Ranch project. If the Community Development Director or his/her designee finds that the proposed amendment is both minor and -15- 42-1 II I ' 1 I consistent with this agreement, City' s General Plan, Specific Plan No. 89-2, and applicable provisions of City ' s zoning and subdivision ordinances, the Community Development Director or his/her designee may approve the proposed amendment without notice and public hearing. For purposes of this Agreement and notwithstanding any City ordinance or resolution to the contrary, lot line adjustments, or building construction or remodeling projects confined within the exterior perimeter of the building footprints shall be deemed minor amendments or modifications. Such amendments or modifications approved pursuant to this section shall not constitute subsequent discretionary approvals : subject to further CEQA review or determination. In the event that Developer ' s request for a minor amendment or modification is denied by the Community Development Director or his/her designee, Developer shall have the right to appeal- such determination to the Planning Commission, and thereafter to the City Council if necessary, in accordance with the City' s applicable appeal i procedures. Upon the approval of any minor amendment or modification as provided above in this section, City shall provide -Developer with an instrument so certifying. The certification shall be in such form as will enable it to be recorded in the Official Records o Riverside County, California. Except as provided above in this section, the amendment or modification of Specific Plan No. 89-2 shall be subject to the applicable substantive and procedural provisions of City' s zoning, subdivision and other applicable land use ordinances in -16- i i effect (1) on the date of the request for the amendment or modification as to changes relating to the permitted uses of the Property and the density and intensity of use, and ( 2 ) on the Effective Date of this Agreement as to all other amendments or modifications . 8 . PERMITTED USES OF PROPERTY The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of the proposed buildings on the property, the design standards for such construction, and provisions for reservation or dedication of land for public purposes are all set forth in Specific Plan No. 89-2 . and are incorporated .herein by this reference. They are the i uses of the Property covered by this Agreement which are specifically permitted by this Agreement and City is bound to permit those uses on the Property. City- agrees to grant and implement Development Approvals for the Project and to grant other land use and construction approvals, subject to the applicable review and conditioning process, including but not a limited to grading permits, building permits, subdivision maps, lot line adjustments, use permits, variances and certificates of occupancy reasonably necessary or desirable to accomplish the goals, objectives , policies and plans shown and described in the Specific Plan No. 89-2 and this Agreement . It is expressly understood that Developer shall have a vested right and be entitled to construct 2, 235 dwelling units and an additional 500 dwelling units in the event of a Specific Plan amendment for a golf course as referenced above in Section 3.3, and approximately -17- I 1 • I 47 acres of Neighborhood Commercial and Highway and Office Commercial uses consisting of 2,722, 500 square feet of buildings. i Multi-family uses may overlay the commercial zones, and commercial uses may overlay the multi-family zones, but in no event shall the total number of dwelling units exceed 2,735 . Multi-family density may be up to thirty ( 30) dwelling units per acre and be constructed up to three ( 3) stories subject to design review, in accordance with the criteria set forth in the Specific Plan or as may be subsequently amended. Developer will provide its fair share of affordable housin, within the multi-family zones of the Specific Plan. If area within the .multi-family zones prove deficient, areas with i Commercial zones shall be utilized. The total number of affordable units in the low and very low income ranges, as determined by the County of Riverside median average, shall be equal to 5% of the total number of residential dwelling units actually constructed by Developer . The affordable mix between low and very low income ranges shall be based on the current Housing Element standards . The affordable housing shall begin construction upon the completion of 50% of the Specific Plan' s 1 total units and shall be completed upon the completion of 75% of the Specific P1an' s total units based on the estimated build-ou City will assist Developer in providing its fair share of affordable housing by providing access to available redevelopment set aside funds . Other economic incentives such as bond assistance, reduction of development standards, etc. , may also be offered at the discretion of City. Developer will be responsible -18- i i for implementing changes that from time to time may occur to City' s Housing Element, where such changes occur on a city-wide equitable basis. The affordable units shall remain in the affordable categories as long as City maintains a regional affordable housing requirement. City further agrees to grant and implement subsequent Development Approvals for the Project related to building . I construction or remodeling confined within the exterior perimeter of the building footprints identified on Specific Plan No. 89-2. Any such building construction or remodeling shall be subject to the maximum height and exterior architectural design specifications set forth in Specific Plan No. 89-2. i I The aforementioned subsequent discretionary approvals shall be granted and approved by City on a timely basis, provided r submitted to City during the applications for such approvals are y g term of this .A reement Developer ' s failure to develop the 9 P Project shall not result in any liability for Developer except as is provided in this Agreement. Notwithstanding any provision herein to the contrary, City agrees that Developer shall have the right to commence grading the Property at any time after the effective date of this Agreement (subject to securing a grading permit) , and that permits will not be denied based on season or date provided that Developer agrees to comply with all required precautions, to use due care in grading activities and to take reasonable steps to prevent erosion, slippage or dangerous runoff conditions. f I i {I I I { I � I I I I 9 . VESTING OF RULES, REGULATIONS AND OFFICIAL POLICIES 9.1 Effective standards. Except as otherwise provided in this Agreement, the written rules, regulations, official policies and conditions of approval (as adopted by ordinance, resolution, minute order or other such official method) governing permitted uses for the Project , development, density and intensity of use, design, improvement, construction and building standards, occupancy and specifications applicable to the Project, and all on-site and off-site improvements and appurtenances in connection therewith, including without limitation the conditions of approval shall be those rules, regulations and official policies ..in force upon the Effective Date of this Agreement which are not i inconsistent with Specific Plan No. 89-2 . 9. 2 No conflicting enactments . Neither City nor an agency G Y Y g Y of City shall enact an ordinance, resolution or other measure which relates to the rate, timing or sequencing of the Development or to the construction of the Project on all or any part of the Property, including but not limited to the development standards therefor, which is in conflict with this Agreement. 9. 3 Initiatives and moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum or otherwise which relates to the rate, timing or sequencing of the Development or construction of the Project on all or any part of the Property, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, or the Existing Development Approvals -20- i 1 I 1 ' to the extent that such ordinance, resolution or other measure is I in conflict with this Agreement. Without limiting the foregoing, City agrees that no moratorium or other limitation (whether or not relating to the rate, timing or sequencing of Development) affecting subdivision maps, building permits or other entitlements to use which are approved or to be approved, issued or granted within City, or portions of City, shall apply to the i Project, the Property or the Existing Development Approvals to the extent it is in conflict with this Agreement. To the maximum E extent permitted by law, City agrees to use its best efforts to prevent any such ordinance, measure, moratorium or other a . limitation. from .invalidating or prevailing over all or any part of this Agreement , and City agrees to cooperate with Developer in a reasonable manner in order to keep this Agreement in full force t an initiative and effect. Cityshall not support or ado , PP P Y { referendum, moratorium, ordinance, policy or take any other action ( including but not limited to the delay or stoppage of the development, processing or construction of the proposed project) which would violate the intent of this Agreement. Developer reserves the right to challenge any such ordinance or other measure in a court of law should it become necessary to protect the development rights vested in the Project and the Property pursuant to this Agreement. 9.4 Subsequent changes in state or federal laws .. This Agreement shall not preclude the application to the Project of any state or federal laws or regulations enacted after the I Effective Date of this Agreement which prevent or preclude -21- , i I i i compliance with one or more provisions of this Agreement pursuant to Government Code Section 65869 . 5. In the event such changes in state or federal law prevent or preclude compliance with one or more provisions of this Agreement, City and Developer shall take such action as may be required pursuant to this Section 9 and i Section 11 of this Agreement. 9 . 5 Fens , conditions and dedications . Developer shall make only those dedications and pay only those fees expressly prescribed in this Agreement, the Existing Development Approvals, and subsequent Development Approvals, provided that such dedications and fees are imposed on a city-wide basis . (1) Filing and processing fees . The filing and processing fees for all Development Approvals for the Project charged by City shall be those fees which are in force and effect i on a city-wide basis at such time building permits are issued. In addition, Developer agrees to pay a special fee ( "Development Agreement Fee" ) for each residential dwelling unit at the time of building permit issuance for municipal capital facilities and improvements and municipal public services, including but not limited to a civic center, police stations, fire stations, libraries, cultural facilities, senior citizen facilities , recreational facilities and corporate yards, in the following manner: (a) For the Project as approved by Specific Plan No. 89-2 and reflected on Exhibit "C" attached hereto, Developer agrees to pay a fee of $3,000 per unit at the time of building permit issuance during the period from the Effective Date of this -22- tit/ i I ' I i Agreement to the fifth anniversary date thereof; a fee of $4,000 per unit at the time of building permit issuance during the period from the fifth anniversary date of the Effective -Date of this Agreement to the tenth anniversary date thereof; and a fee of $5,000 per unit at the time of building permit issuance during the period from the tenth anniversary date of the Effective Date of this Agreement to the expiration date hereof. i (b) For the Project as may be amended by a future amendment to Specific Plan No. 89-2 providing for a golf course and related facilities as described in Section 3 . 3 above, Developer agrees to pay a fee of $1, 000 per unit at the time of building permit issuance during the term of this Agreement; provided, however, that at least 9 holes of the golf course are operational and open to public play by the fifth anniversary date of the Effective Date of this Agreement and that the remaining 9 holes and clubhouse are operational and open to public play/use by the seventh anniversary date of the Effective Date of this Agreement. If either ( i) 9 holes of the golf course are not {, operational and open to public play by the fifth anniversary date of the Effective Date of this Agreement or (ii) the remaining 9 holes of the golf course and the clubhouse are not operational and open to public play/use by the seventh anniversary date of the Effective Date of this Agreement, then the fee shall be $2,000 per unit at the time of building permit issuance for each permit not yet issued for the remaining term of the Agreement following the fifth or seventh anniversary dates, respectively, provided that the entire 18-hole golf course and clubhouse are --23- 41741 I , i I i I I j I operational and open to public play/use by the tenth anniversary date of the Effective Date of this Agreement . If the entire 18- hole golf course and clubhouse are not operational and open to public play/use by the tenth anniversary date of the Effective Date of this Agreement, then the fee shall be $3, 000 per unit at i the time of building permit issuance for each such permit not yet issued for the remaining term of the Agreement . City agrees to provide Developer with a periodic accounting, or upon reasonable request by Developer, setting forth the amount of Development Agreement Fees levied and collected by City and the specific purposes and/or projects for which such fees are ? expended. City agrees in good faith to use its best efforts to locate certain new municipal capital facilities and improvements i on the Property in consultation with and with the consent of Developer . (2) Taxing power . Nothing in this Agreement shall I prohibit the adoption and application of a special tax approved by City' s voters, provided that such tax is imposed on a city- j wide basis. (3) Commercial rent control or office condominium conversion. During the term of this Agreement, City shall not impose or enact any ordinance, regulation, fee or condition wh h directly or indirectly controls or otherwise restricts market forces on commercial or residential rents charged within the { Property, or applies directly or indirectly to the conversion of office or residential rental units to condominiums within the Property. -24- �� i ( 4) Future_ tentative maps, specific plan amendments and development impact fees. Developer will be subject to conditions as a result of tentative map review or specific plan amendments and to any development impact fees that may be adopted by City on a city-wide basis. j 9.6 Life of subdivision mans . Pursuant to Government Code Section 66452 .6(a) , the term of any subdivision maps approved for the Project shall be extended for the term of this Agreement . i 10. EFFECT OF AGREEMENT WHEN RULES CHANGE City' s .rules and regulations governing permitted uses of the ..Property, .its .density, of development, and its design, improvement i and construction standards are those rules and regulation in force at the Effective Date of this Agreement. However , this Agreement does not prevent City in subsequent actions generally I applicable to the Property and other similarly situated real property within City from enacting and imposing changes in City' s uniform building, plumbing, mechanical, electrical and fire 1, codes, providing said changes are (1) necessary to protect the public health and safety and ( 2) not in conflict with the rights conferred by this Agreement. 11. COOPERATION AND COVENANT OF. FURTHER ASSURANCES 11.1 Third party actions . Developer and City shall cooperate in defending any action or proceeding instituted by any third party challenging the validity of any provision of this Agreement or any action taken or decision made hereunder . -25- I i4 l I � i i i I Developer agrees to assume the lead role in the defense of any such action or proceeding so as to minimize litigation expenses incurred by City. In addition, any court action or proceeding brought by any third party to challenge this Agreement or any i i other permit or approval required from City or any other governmental entity for Development or construction of all or any portion of the Project covered by this Agreement shall constitute a permitted delay under Section 12. Notwithstanding the foregoing, the filing of any third party litigation against City and/or Developer relating to this Agreement or any provision thereof shall not be a reason to delay or stop the Development, _ processing, or .construction of the Project ( including but not .limited to the issuance of building permits or certificates of occupancy) unless the third party obtains a court order j preventing the activity. City will not stipulate to the issuance of any such court order. 11. 2 Further assurances. Each party covenants on behalf of itself and its successors and assigns to take all actions and do all things, and to execute with acknowledgments or affidavits if required any and all documents and writings that may be necessary or proper to achieve the purposes and objective of this Agreement. Each party shall take all necessary measures to see that the provisions of this Agreement are carried out in full. 11. 3 Processing. If necessary or required, upon i satisfactory completion by Developer of all required preliminary actions and payments of appropriate filing and processing fees, if any, City shall use its best efforts to promptly commence and -26- i r diligently proceed to complete all steps required or necessary for the implementation of this Agreement and the Development by Developer of the Project in accordance with the Existing Development approvals, including but not limited to the following: l (1) The City Council shall instruct City' s Planning {, Department, City' s Planning Commission and all other relevant agencies of City which are affected or may be affected use their best efforts to diligently process any and all Development Approvals necessary for Developer to obtain all necessary permits to begin and complete construction of the Project. ( 2) City .shall use its best efforts to schedule, i convene and conclude all required public hearings in a diligent manner consistent with applicable laws and regulations in force i as of the Effective Date of this Agreement. ( 3) City shall use its best efforts to process and i approve in a diligent manner, all maps, plans , land use permits, building plans and specifications and other applications for Development Approvals relating to the Development of the Project, filed by Developer , including but not limited to all General Plan and Specific Plan amendments, zoning, final development plans, tentative maps, parcel maps, final maps, resubdivisions, amendments to maps, subdivision improvement agreements, lot line adjustments, encroachments, grading and building permits , variances, use permits and related matters as necessary for the completion of the development of all lots and parcels comprising the Project, to the extent permitted by law. -27- i i r� i i i ( 4) City will use its best efforts to maximize the amount of acreage which is released for grading and allocated to City pursuant to the Riverside County Short-Term Habitat Conservation Plan for the Stephens Kangaroo Rat and will take 4 such steps as may be necessary or appropriate from time to time to secure such maximum allocation. ( 5) Developer agrees to process such -3ermits as may be ' necessary for its golf course plan with the U.S. Army Corps of Engineers , U.S. Fish and Wildlife Service and California Department of Fish and Game in an expeditious manner and to report monthly to City on the progress of same. Developer will use its best efforts to timely provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder and cause Developer ' s planners-, engineers and all other '' consultants to submit in a timely manner all required materials and documents therefor . It is the express intent of Developer and City to cooperate and diligently work to implement any General Plan amendment, zoning, final Development plan and/or other land use, grading or building permits or approvals which are necessary or desirable in connection with the development of the Project in substantial conformance with this Agreement . 11.4 Other governmental permits. In addition, Developer shall apply in a timely manner for such other permits and approvals as are required by other governmental agencies having a jurisdiction over the Project in connection with the development of, or provision of services to, the Project. City shall -28- i I ' I cooperate with and use its best efforts to assist Developer in coordinating the implementation of the Project with such other governmental agencies and in obtaining permits, approvals and services from those agencies as may be necessary to implement the Project. I 11. 5 . Financing of public facilities and/or services . City and Developer shall in good faith use their best efforts to establish one or more community facilities districts (pursuant to the Mello-Roos Community Facilities Act of 1982 as set forth in Government Code Section 53311 et sec . ) and such other assessment, improvement or maintenance distracts, as may be appropriate, for i the purpose of funding the planning, design, construction and maintenance of public facilities, including related fees ( including those referenced above in Section 9 . 5) and the acquisition of land therefor, and/or the provision of public services for the Project. The parties expect that bonds, assessments, liens or other such financing devices would be issued or levied to provide sufficient funds for the above- mentioned purpose. City and Developer agree that the proportion of assessed real property value allocated to real property taxes and aggregate debt service may go up to but shall not exceed two percent ( 20) , and City shall take no action to limit such allocation to less than two percent ( 2%) . City acknowledges that completion of proceedings to establish one or more public financing districts as discussed above is critical to provide the parties with security for performance by Developer of its obligation to commence and complete construction of major -29- <VI� i I I infrastructure. To the extent that the infrastructure required by City to be constructed by Developer is in excess of the needs and demands of the Project and will be utilized by future developments, City agrees to use its best efforts to cause such future developments to contribute to the costs of the i infrastructure ( including but not limited to the formation of an assessment district) and, from such funds, cause appropriate reimbursement payment(s) , including interest at the legal rate, to be made to Developer after first reimbursing the public financing district to the extent district funds were expended construct the infrastructure. Developer understands that 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 by City to be funded through said Authority. 11. 6 Utilities coordination. * City shall use its best efforts to assist Developer in obtaining all electrical, gas, telephone and other necessary utility connections required by the Project. Within a reasonable time after request therefor by Developer, City shall approve all connection and access points for such utilities if in compliance with all applicable ordinances, . rules and regulations . 11.7 Covenant of good faith and fair_dealing. Except as may be required by law, neither party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the specified and described benefits of this Agreement, each party shall refrain from doing anything -30- r � I which would render its performance under this Agreement impossible or impractical; and each party shall do everything which this agreement describes that such party shall do. 12. PERMITTED DELAYS i Developer shall be excused from performance of its obligations hereunder during any period of delay caused by acts i of God or civil commotion; riots, strikes, picketing, or other labor disputes; unavoidable shortage of materials or supplies; damage to work in progress by reason of fire, flood, earthquake or other casualty; litigation; initiatives or referenda; . .....moratoria; acts or neglect of City; or unanticipated restrictions imposed or mandated by other governmental entities . Each party shall promptly notify the other party of any delay hereunder as I soon as possible after the same has been ascertained, and the term of this Agreement shall be extended by the period of any . such delay. 13 . ESTOPPEL CERTIFICATES Either party may at any time, and from time to time deliver written notice to the other party requesting the other party certify in writing that to the knowledge of the certifying party: (1) this Agreement is in full force and effect and is a binding obligation of the parties; ( 2) this Agreement has not been amended or modified, and, if so amended or modified, to identify the relevant documents; and ( 3) no default in the performance of the requesting party' s obligations under this Agreement exists -31- i i i t I i or, if in default, the nature of any default. A party receiving a request hereunder shall execute and return the certificate within thirty (30) days following the receipt thereof . h 14. RECORDATION BY CITY CLERK Pursuant to Government Code Section 65868. 5, within ten ( 10 ) days of City' s execution of this Agreement the City Clerk shall record a copy with the Riverside County Recorder . Thereafter, j the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 15. DEFAULT 15 . 1 Events of default. Subject to any written extension of time by mutual consent of the parties, and subject to the provisions of Section 12 regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute default if such defaulting party 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 default is such that it cannot be cured within thirty (30 ) days, the commencement of a cure within suer period and the diligent prosecution to completion of the cure shall be deemed to be a cure within such period. Any notice of default given hereunder shall specify in detail the nature of the alleged default and the manner in which such default may be satisfactorily , cured in accordance with the terms and conditions -32- of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged with such failure of performance shall 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, or for purposes of issuance of any building or grading permit with respect to the Project (provided that failure of performance is unrelated to the entitlement to obtain such permit) . 15 . 2 Remedies . Upon the occurrence of default under this section and the expiration of any applicable cure period, the non-defaulting party shall have such rights and remedies against the .defaulting party as it may have at law or in equity, including but not limited to the right to terminate this Agreement. 15 .3 No waiver . Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party' s right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to, take any action with respect to such default. No express written waiver of any default shall affect any other default, or cover any other, period of time except that specified in such express waiver . 15 . 4 Effect of termination. Termination of this Agreement by one party due to the other party' s default shall not affect any right or duty emanating from City entitlements or approvals --3 3-- i t i on the Project, but the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of such termination. If City terminates this Agreement because of Developer ' s default, City shall retain any and all benefits including money or land received by City hereunder . If Developer terminates this Agreement because of City' s default, Developer shall be entitled to a return or a refund of all unused benefits and exactions paid, given or dedicated to City pursuant to this Agreement. 16. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE In addition to specific provisions of this Agreement , performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war , insurrection, strikes, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, litigation, referenda, initiatives, moratoria, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting City, county, state or federal laws or regulations, judicial decisions, or similar basis for excused performance which is not within the reasonable control of the party to be excused. If written notice of such delay is given to either party within thirty ( 30) days f the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced i delay, or longer as may be mutually agreed upon. -34- I i { I s 17 . APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of the State of California. 18. NO JOINT VENTURE OR PARTNERSHIP City and Developer hereby renounce the existence of any form of joint venture or partnership between City and Developer , and 1 expressly agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners. It is understood that I the contractual relationship between City and Developer is such that Developer .is an independent contractor and not an agent of City. Furthermore, this Agreement is not intended, or shall it be construed, to create any third party beneficiary rights in any person who is not a party to this Agreement. 19 . ADDRESSES FOR NOTICES Any notice sent to either party under this Agreement shall be in writing and shall be given by delivering the same to such party in person or by sending the same by registered mail, return i receipt, with postage prepaid, to the following addresses: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92330 Attn: City Manager i Brighton Alberhill Associates 505 North Tustin Avenue Suite 250 Santa Ana, CA 92705 Attn: Mr . Todd Cunningham -35- I I 1 { I 20 . COVENANTS RUNNING WITH THE LAND All of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective successors and assigns, and all other persons or entities acquiring all or any portion of the Property, and shall inure to the benefit of such parties and their respective successors and assigns. All the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with^, the land pursuant to applicable law, including but not limited to California Civil Code Section 146f Each covenant to do or refrain from doing some act on the property covered by .this Agreement is for the benefit of such property and is a burden upon such property, runs with such property and is binding upon each party and each successive owner during its ownership of such property or any portion thereof, and shall benefit each party and its property hereunder, and each other party succeeding to an interest in such property. Notwithstanding the foregoing, upon the sale or lease for more 1 than one year of a dwelling unit or office or commercial or industrial space by Developer to a member of the public, but not upon the bulk sale thereof to any person or entity for resale to the public, such residential unit or office, commercial or industrial space shall be automatically released from the terms, provisions, covenants and obligations of this Agreement without 1 the necessity of executing or recording any specific instrument of release. 1 -36- i 21. EFFECT OF AGREEMENT City and Developer agree that unless this Agreement is amended or terminated pursuant to its provisions, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted in any General Plan • I amendment, Specific Plan, zoning ordinance, subdivision f ordinance, or any other land use ordinances or building ordinances, resolutions or other rules, regulations or policies i of City which change, alter or amend the rules, regulations and policies applicable to the Development of the Project as of the i Effective Date of this Agreement as provided by Government Code .Section 65866. This Agreement shall not prevent the City from taking subsequent actions applicable to the project from applying new rules, regulations and policies which ( 1) are necessary to protect the public health and safety, ( 2) are not directly or indirectly in conflict with those rules, regulations, policies applicable to the Project as set forth herein, and ( 3) do not prevent or materially frustrate the Development of the Project as contemplated herein. 22. CONSISTENCY FINDING By approving and executing this Agreement, City finds that its provisions are consistent with City' s General Plan and with Specific Plan No. 89--2, and City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of City' s residents, property owners and taxpayers . -37- I i I 23. TERMS OF CONSTRUCTION 23 .1 Severability. If any term, provisions, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall 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. 23. 2 Entire agreement . This written Agreement contains all the representations and the entire agreement between City and Developer . - Any prior correspondence, memoranda, agreements, warranties or representations are superseded _in total by this Agreement. This Agreement shall be construed as a whole according to its common meaning and not strictly for or against any party in order to achieve the objectives and purposes of the parties hereunder. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutered I genders. "Shall" is mandatory and "may" is permissive. 23 . 3 Signature pages. For convenience, the signatures of the parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement , shall constitute this document as one complete Agreement . 23. 4 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. i -38- �ti I i I 23. TERMS OF CONSTRUCTION 23 .1 Severability. If any term, provisions, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall 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. 23. 2 Entire agreement . This written Agreement contains all the representations and the entire agreement between City and Developer . - Any prior correspondence, memoranda, agreements, warranties or representations are superseded _in total by this Agreement. This Agreement shall be construed as a whole according to its common meaning and not strictly for or against any party in order to achieve the objectives and purposes of the parties hereunder. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutered I genders. "Shall" is mandatory and "may" is permissive. 23 . 3 Signature pages. For convenience, the signatures of the parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement , shall constitute this document as one complete Agreement . 23. 4 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. i -38- �ti i t 1 f 24. CONSENT OF OTHER PARTIES Developer may, at its discretion, elect to have other holders of legal, equitable or beneficial interests in the j Project, the Property or portions thereof, acknowledge and consent to the execution and recordation of this Agreement by I executing an appropriate instrument therefor . It is understood by the parties that the execution of such document by other i holders of legal, equitable, or beneficial interest in the Project is not a condition precedent to this Agreement. 25. ASSIGNMENT AND NOTICE Developer shall have .the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in Project, the Property or portions thereof, including but not limited to purchasers or long-term ground lessees of individual lots, parcels, or of any of the buildings located within the Project. Developer shall give prior written notice to the City of its intention to assign or transfer any of its interest , rights or obligations under this Agreement. Any failure by Developer to provide said notice shall be curable in accordance with the provisions of Section 15 hereof. The express assumption of any of Developer ' s obligations under this Agreement by its assignee or transferee shall thereby relieve Developer of any further obligations under this Agreement. Notwithstanding the foregoing, Developer shall have no obligation whatsoever to provide said notice when it intends to assign an interest in this : -39- Gi� i Agreement in connection with a conveyance or transfer to a bank j or other financial institution or corporation for financing purposes of an equitable interest in the Project and/or the Property whether by means of a deed of trust or other instrument. 26. ENCUMBRANCES AND RELEASES ON REAL PROPERTY j 26. 1 Discretion to encumber . The parties hereto agree that this Agreement shall not prevent or limit Developer in any manner, at Developer ' s sole discretion, from encumbering the subject real Property or any portion of any improvement thereo by any mortgage, deed of trust or other security device securing financing with .respect to the Property. City acknowledges that the lenders providing such financing may require certain modifications and City agrees, upon request, frond• time to time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for modification. 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 Agreement. 26. 2 Entitlement to written notice of default . The mortgagee of a mortgage or beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested notice in writing received by City, shall be entitled to receive written notification from city of any default by Developer in the i performance of Developer ' s obligations under this Agreement which -40- is not cured within thirty ( 30) days . 26.3 Property subject to pro rataclaims . Any mortgagee who comes into possession of the property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to any pro rata claims for payments or charges against the Property, or part thereof secured by such mortgage which accrue prior to the time such mortgagee comes into possession of the Property or part thereof. 26.4 Releases . City hereby covenants and agrees that upon completion of the public improvements and payment of all fees .— required under this Agreement .with: respect to the Property, or any portion thereof, City shall execute and deliver to the I Riverside County Recorder appropriate release or releases of I further obligations in form and substance acceptable to the County Recorder or as may otherwise be necessary to effect such release. ' 1 27 . OPERATING MEMORANDA The parties acknowledge that from time to time it may be in the mutual interest of the parties that certain details relative to performance of this Agreement be refined. Therefor , to the extent allowable by law, the parties -retain a certain degree of flexibility with respect to those provisions covered in general ' under this Agreement which do not relate to the term, permitted uses, density or intensity of use, height or size of buildings, i provisions for reservation and dedication of land, timing, rate -41- ��I I i 4 I or sequence of development, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, development of public improvements or monetary contributions by I Developer or any conditions or covenants relating to the use of the Property. When and if the parties find it necessary or I appropriate to make changes or adjustments to such provisions, l they shall effectuate changes or adjustments through operating memoranda in recordable form approved by the parties in writing which reference this Section 27 . For purposes of this Section 27, the City Manager or his/her designee upon report to and approval by the City Council, shall have the authority to approve 1 the operating memoranda on behalf of City. No operating memoranda shall require notice or hearing or shall be deemed to constitute an amendment to his Agreement. 28. INSTITUTION OF LEGAL ACTION. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein or 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 shall be entitled to recover reasonable litigation expenses, attorneys ' fees and costs incurred. It is understood between the parties that in the event a breach of this Agreement by City occurs, irreparable harm is likely to occur to Developer and damages may be an inadequate -42- - t i remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Agreement by Developer is a proper and desirable remedy in addition to any and all other remedies which may be available to Developer under law or at equity. i 29. INSURANCE. Developer agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for � I damage or claims for damage, for personal injury including death and claims for property damage which may arise out of the direct I or..indirect .operation. of. Developer. or .those of their .contractors, subcontractors, agents, employees or other persons acting on their behalf which relate to the Project. Developer agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Developer ' s activities in connection with 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 paragraph, regardless of whether or not the City prepared, supplied, or I i approved plans or specifications or both for the Project and k regardless of whether or not the insurance policies referred to t below are applicable. Before beginning work on the Project, Developer shall obtain the insurance required under this paragraph and receive the -43- i I I t { E f approval of City Attorney as to form, content, amount and carrier. Developer shall maintain the insurance during the term of this Development Agreement . The insurance shall extend to City, its elective and appointive boards, commissions , officers, agents, employees and representatives and to Developer and each i contractor and subcontractor performing work on the Property: 29 .1 ComTensation Insurance. Developer shall maintain Workers Compensation Insurance for all persons employed at the site of Project . Developer shall require each contractor and subcontractor similarly to provide Workers Compensation Insura for their respective employees. Developer agrees to indemnify ..City for .damage..resulting _ from the failure to take out and maintain such insurance. 29. 2 Public Liability and Property Damage „Insurance. Developer shall maintain public liability insurance in an amount not less than One Million Dollars ($1, 000 ,000 .00) for injuries (including death) to any one person and in an amount not less than One Million Dollars ($1,000, 000 . 00) on account of any one occurrence; and property damage insurance in an amount not less than One Hundred Thousand Dollars ($100, 000 . 00) for damage to the property of each person on account of any one occurrence. Developer shall furnish City before beginning work on the i Project with a Certificate of Insurance constituting satisfactory evidence of the insurance required and providing that each i i -44- I i i f • I I � I carrier is required to give City at least ten ( 10) days prior written notice by certified mail of the cancellation or reduction in coverage of any insurance. DEVELOPER: BRIGHTON ALBERHILL ASSOCIATES, a California general artnership By: Ge ra tner 3 CITY: CITY OF LAKE ELSINORE, a municipial corporation and political subdiv';sion of the State of Califo is By: �l C l May A TEJ�l VlkA0 A NA ST: (-\Y City C1er k F If I k 1 -45- i i l l STATE OF CALIFORNIA ) ss. COUNTY OF ) On this /7;"l` day of y__ ___ _, 1990, before me the i undersigned, a Not Public in and for said State, personally appeared T_v� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the General. Partner of Brighton Alberhill Associates. .... • OFF OML SEAAL WITNESS my hand and official seal . JMHUEFTLE GRANGE COUNTTYY� ti ,••• W COM Exp.Oet 4,1992 otary ublic STATE OF CALIFORNIA ) i . COUNTY -OF RIVERSIDE ) On this 11th day of July , 1990, before me the undersigned, a Notary Public in and for said State, personally appeared Gary M. Washburn , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the Mayor of the City of Lake Elsinore, California, and acknowledged to me that said City of Lake Elsinore, California executed it . WITNESS my hand and official seal . Atjw illy rj . i Notary Public Iry OFFICIAL SEAL �a ADRIA UEE BRYNING NOTARY PUBLIC-CALIFORNIA 8/066/012051/0001/006 ��t,, l RIVEP.SIAE DDUIyTY ex" es h"7 3, ID03 I i I 1 a -46- 41Z� t t a w � A p x V p N N w+ n `u CCS Ox rL ,1 O Fzz Sj yJ OWIT d� o\\•'�BlY uY ,`l Uq tlw as `�\ Ayv tj �E � �y �oy �Ny N „ ` •1 J,uf . u^.� V�ly �y •av ...............................,.—..�,. n. .. ..... m is EXHTBTT A 94_ OMM Oil iI� � ��aN� 1 4 • 1� (C 'ewe.��i� �,7 • 4 M I % gqA �I i XliftSM Sil r r ty L� A(g§ ��.' `� fif14. .n�1 / �iMri i1 `��_A�F f/:i��ji.��,►�y � rii ,.`►q',4R;9�t��t /Alto O i I R AW-1!!%�n Iva Y' R W W > - .. O v �Y \ow LLj- H 0C W � � rY ! Z' p� ........................ w, aY Cl) •. �: gro �: H �•''••:•:•':'•••••'•'• O m •: �::�:;•:' S �y I a .e •. R C � y _.»................................................... ,` ': :: 1:::: •r #: sY U i j• 'iv r/ Div 9fy o ............................... ........ "° A EXHIBIT C e7' i ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH PARDEE- GROSSMAN/COTTONWOOD CANYON. , WHEREAS, the Planning Commission of the City of Lake j Elsinore held a duly noticed public hearing on a proposed Development Agreement between the City of Lake Elsinore and Pardee-Grossman/Cottonwood Canyon on March 14, 1990, and found that the Development Agreement is consistent with the City's General Plan; and 1 WHEREAS, the City Council of the City of Lake Elsinore held a duly noticed public hearing on the Development Agreement on April 24 , 1990, and found that (1) the Development Agreement is consistent with the City' s General Plan and the Pardee-Grossman/Cottonwood Canyon and (2) the previously certified environmental impact report prepared for the Cottonwood Canyon 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 Pardee-Grossman/Cottonwood Canyon, 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 8 th day of . May- ., 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 22ndday of May, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Ga y M. Washburn, Mayor ty of Lake Elsinore ATTEST: Vicki I,�nn Kasad, City Clerk City of La a Elsinore APPROVED AS TO FORM AND LEGALITY: 4��,k kL �,, John R. H rper� C ty Attorney City of Lake E s ore' f f I E i 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 had its first reading on May 8, 1990, and had its second reading on May 22 , 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNN KASAD, CITY CLERK CITY OF LA E 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. 891 of said Council, and that the same has not been amended or repealed. DATED: May 23 , 1990 iVICKI LYN KASAD, CITY C ERK OF LA E ELSINORE (SEAL) DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PARDEE-GROSSMAN/COTTONWOOD CANYON i I I• i TABLE OF CONTENTS DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE { AND PARDEE-GROSSMAN/COTTONWOOD CANYON { Page No. 1. PARTIES AND DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 1 4 2 . RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 . 1 Developer's Interest in Property. . . . . . . . . . 1 2 .2 Development Agreement Fee. . . . . . . . . . . . . . . . . 1 2 . 3 Environmental Report. . . . . . . . . . . . . . . . . . . . . . 2 2 . 4 Development Approvals. . . . . . . . . . . . . . . . . . . . . 2 2 . 5 Approval of Development Agreement. . . . . . . . . 2 2 . 6 Legal Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 .7 Consideration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 . DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 . PROPERTY COVERED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. INTEREST OF DEVELOPER. . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. DURATION OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. 1 Effective Date and Term. . . . . . . . . . . . . . . . . . . 9 6.2 Scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. 3 Periodic Review. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. 4 Certification of Completion. . . . . . . . . . . . . . . 12 7 . VESTED RIGHT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 . 1 Acknowledgment of Vested Right. . . . . . . . . . . . 12 7 . 2 No Conflicting Enactments. . . . . . . . . . . . . . . . . 13 7. 3 Intent of Parties. . . . . . . . . . . . . . . . . . . . . . . . . 13 [Revised 5-7--90] i i i i 8 . GENERAL DEVELOPMENT OF THE PROJECT. . . . . . . . . . . . . 14 8. 1 Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8.2 Phasing of Developments. . . . . . . . . . . . . . . . . . . 15 8.3 Reservations or Dedications. . . . . . . . . . . . . . . 15 8 .4 Administrative Changes and Amendments. . . . . 16 9. RULES, REGULATIONS AND OFFICIAL POLICIES. . . . . . . 17 9 . 1 Effect of Agreement on Land Use Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9. 2 Modified Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9. 3 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9. 4 Comparative Evaluation. . . . . . . . . . . . . . . . . . . . 21 9. 5 Subsequent Actions and Approvals. . . . . . . . . . 21 9. 6 State and Federal Laws. . . . . . . . . . . . . . . . . . . . 21 9.7 Unforeseen Circumstances. . . . . . . . . . . . . . . . 23 10. COOPERATION AND COVENANT OF FURTHER ASSURANCES. 24 10. 1 Third Party Actions. . . . . . . . . . . . . . . . . . . . . . . 24 10. 2 Further Assurances. . . . . . . . . . . . . . . . . . . . . . . . 25 10.3 Processing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10.4 Governmental Permits. . . . . . . . . . . . . . . . . . . . . . 26 10.5 Financing of Public Facilities and/or Services. . . . . . . . . . . . . . . . . . . . . . . . . . 26 10. 6 Utilities Coordination. . . . . . . . . . . . . . . . . . . . 28 10. 7 Covenant of Good Faith and Fair Dealing.. . . 28 10. 8 Stephens Kangaroo Rat. . . . . . . . . . . . . . . . . . . . . 28 11. PERMITTED DELAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 12 . ESTOPPEL CERTIFICATES. . . . . . . . . . . . . . . . . . . . . . . . . . 29 13 . RECORDATION BY CITY CLERK. . . . . . . . . . . . . . . . . . . . . . 30 14 . DEFAULT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14 . 1 Events of Default. . . . . . . . . . . . . . . . . . . . . . . . . 30 14 .2 Default by City. . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14 . 3 No Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14 .4 Effect of Termination. . . . . . . . . . . . . . . . . . . . . 32 15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 16. APPLICABLE LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 17. NO JOINT VENTURE OR PARTNERSHIP. . . . . . . . . . . . . . . . 33 18. ADDRESSES FOR NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . 34 [Revised 5--7-90] ii 19. ASSIGNMENT AND NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . 35 20. ENCUMBRANCES AND RELEASES OF REAL PROPERTY. . . . . 36 20. 1 Discretion to Encumber. . . . . . . . . . . . . . . . . . . . 36 20.2 Subordination to Liens and Conveyances. . . . 37 20. 3 Entitlement to Written Notice of Default. . 37 21. AFFORDABLE HOUSING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 22 . CONSISTENCY FINDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 23 . CONSENT OF OTHER PARTIES. . . . . . . . . . . . . . . . . . . . . . . 38 24 . RELEASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 25. OPERATING MEMORANDA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 l 26. INSTITUTION OF LEGAL ACTION. . . . . . . . . . . . . . . . . . . . 40 27. INDEMNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 28 . INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 29 . TERMS AND CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 42 29. 1 Entire Agreement— , . . . . . . . . . . . . . . . . . . . . 42 29. 2 Signature Pages—.— . . . . . . . . . . . . . . . . . . . . . 42 29.3 Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 EXHIBITS EXHIBIT A: Legal description of the Property EXHIBIT B: City ordinance adopting Specific Plan EXHIBIT C: City ordinance adopting General Plan amendment EXHIBIT D: Conditions of Approval for Specific Plan 88-1 (Cottonwood Hills) EXHIBIT E: Addendum Re: Implementation of Conditions [Revised 5-7-90] iii f 1 DEVELOPMENT AGREEMENT BETWEEN 2 THE CITY OF LAKE ELSINORE 3 AND PARDEE-GROSSMAN COTTONWOOD CANYON 4 5 1. PARTIES AND DATE 6 The parties to this Development Agreement ("Agreement") are 7 the City of Lake Elsinore, California, a municipal corporation 8 and political subdivision of the State of California ("City") , 9 and PARDEE-GROSSMAN/COTTONWOOD CANYON, a general partnership 10 organized and existing under the laws of the State of California 11 ("Developer") . The project to which this Agreement applies is 12 commonly known as Cottonwood Hills. This Agreement is made and 13 entered into on July 9 , 1990 with reference to the following 14 facts: 15 16 2 . RECITALS 17 2 . 1 Developer's-Interest in Property. Developer has an 18 option to purchase certain real property located in the County of 19 Riverside, California, more particularly described in Exhibit 20 ,A," attached hereto and incorporated herein b reference "the P Y ( 21 Property") . Developer has an equitable interest in the Property. 22 The Property constitutes approximately 1, 968 .7 acres of 23 undeveloped land in the western portion of Riverside County. The 24 Property is located between Interstates 15 and 215. 25 2 .2 Development Agreement Fee. Developer has agreed to pay 26 City a development agreement fee equal to $2 , 000 times the number 27 of residential building permits to be issued to Developer under 28 •' i this Agreement, subject to the credits set forth in this section. 002P3BDA.010 1 [5-9-90] it 1 1 Developer has agreed to undertake responsibility for construction 2 of Railroad Canyon Road as set forth in this Agreement. City 3 acknowledges that the value to City for such undertaking is at 4 least $1, 000 times the number of residential building permits to 5 be issued to Developer under this Agreement. City agrees 6 therefore that Developer is entitled to a credit against the 7 $2, 000 per residential building permit fee of $1, 000 per i 8 residential building permit. In light of the foregoing, the 9 parties agree that Developer will pay a development agreement fee 10 to City of $1, o04 per residential building permit issued pursuant 11 to this Agreement. Said fee shall be paid at the time of issuance 12 of each building permit. k 13 2 . 3 Environmental Report. An Environmental Impact Report k 14 has been submitted to City in connection with the Specific Plan, 15 General Plan amendment, sphere amendment, City annexation, and 16 Phase 1 Vesting Tentative Map applications. 17 2 .4 Development- Anprovals. Developer submitted and City 18 considered and approved a Specific Plan covering all of the 19 Property. The Specific Plan addresses conformance with General 20 Plan policies and objectives and provided the basis for a General 21 Plan amendment enacted by the City. The Specific Plan includes 22 prezoning for the Property and provision for municipal services. 23 On March 14 , 1989, the City Council adopted the Cottonwood Hills 24 Specific Plan (S.P. 88-1) by duly enacted ordinance and adopted 25 Conditions of Approval for Specific Plan 88-1 (Cottonwood Hills) . 26 On March 14, 1989, the City Council also enacted an amendment to 27 the General Plan consistent with the Specific Plan. Copies of 28 the resolutions of the City Council adopting the Specific Plan 002P3BDA.010 2 (5-9-901 i I 1 and the General Plan amendment are attached hereto as Exhibits 2 "B" and "C." A copy of the Conditions of Approval For Specific 3 Plan 88-1 (Cottonwood Hills) is attached hereto as Exhibit "D. " 4 Developer has submitted a Vesting Tentative Map for Phase 1 of 5 the Specific Plan which was approved by the City. 6 2.5 Annroval of Development Agreement. On April 5 , 7 1990, the Planning Commission of City, after giving notice 8 pursuant to Government Code sections 65854 , 65854 .5, 65856, and 9 section 17.92.020 of the City of Lake Elsinore Municipal Code 10 held a public hearing on the application for this Development 11 Agreement. The City Council of City, after providing public 12 notice as required by law, similarly held a public hearing on 13 —April 24 _ 1990. On May 22 1990, the City 14 Council of City adopted Ordinance No. _ gg� approving the 15 Development Agreement with Developer and the Ordinance thereafter 16 took effect on June 22 1990 i . 17 2 . 6 Legal Authority. California Government Code Sections 18 65864 et serf. authorize City to enter into binding development 19 agreements in connection with the development of real property 20 within City. This Agreement is made and entered into pursuant to 21 those provisions of state law and local regulations. 22 2 .7 Consideration. 23 (a) Constructing the Cottonwood Hills project pursuant ` 24 to City's Approved Specific Plan will require major investment by 25 Developer in public facilities and on-site and off-site `. 26 improvements. The Development has been analyzed and reviewed by "27 City as part of its process of granting development approvals in 28 light of the enacted land use standards and policies of City 002P3BDA.010 3 [5-9-901 I { 1 embodied in its Existing Land Use Ordinances and pursuant to state 2 law, including but not limited to CEQA. City has determined that 3 entry into this Agreement will further the goals and objectives of 4 City's land use planning policies by eliminating uncertainty in 5 planning for the orderly Development of the Project so that 6 adequate long term plans regarding the provision of necessary 7 infrastructure for existing and future City residents can be i 8 ; developed and implemented. Further, the maximum effective 9. utilization of resources within City will be pursued at the least 10 economic cost to its citizens. City acknowledges that the Project 11 is and shall be considered a single, integrated development 12 project, that each phase of the Project is dependent upon the 13 completion and occupancy of each other phase, and that the 14 viability of each phase of the Project is and shall be dependent 15 upon the completion and occupancy of each other phase and the full 16 performance of this Agreement. The benefits conferred by 17 Developer herein will facilitate the installation of certain vital 18 public improvements and will help increase traffic capacity for 19 the road system of City, both of which will significantly promote 20 the health, safety and general welfare of existing and future City 21 residents. 22 (b) In exchange for these benefits to City and its 23 residents, City desires to make a commitment to Developer that 24 Developer may proceed to develop the Project in accordance with 25 Existing Land Use Ordinances, and its existing financial and 26 contractual commitments, and at a rate of development of its 27 choosing, subject to the terms and conditions contained in this 28 Agreement. The assurances provided by City and Developer to each i i 002P3BDA-010 4 [5-9-901 I 1 other herein and provided pursuant to and as contemplated by 2 statute, were bargained for and given in consideration for the 3 undertakings of the parties, and are intended to be and have bee] 4 relied upon by the parties to their detriment. 5 (c) City and Developer agree that the amenities and 6 improvements being provided by Developer and others as part of the 7 planning, financing and construction of the project will result in 8 substantial general public benefit. A description of those 9 amenities and improvements is set forth in the Specific Plan, ' 14 General Plan Amendment, and Conditions of Approval. 11 (d) Because of the complexities of financing an urban 12 infrastructure, certainty in the development process is an 13 absolute necessity. The phasing, timing and development of public 14 infrastructure including community parks, fire station, roads, 15 signals, neighborhood parks, sewer and water facilities, other 16 utilities, and open space maintenance necessitates a significant 17 commitment of resources, planning and effort by Developer in order 18 for the public facilities financing to be successfully completed. 19 Accordingly, City desires to make a commitment for certainty in 24 the development process. 21 (e) City acknowledges that Developer would not enter 22 into this Agreement, and would not consent to annexation of the 23 Property by City, or agree to provide the public benefits and '24 improvements described in this Agreement (which exceed the public 25 improvements Developer would be required to provide as part of the 26 normal subdivision process) , if it were not for the agreement of :27 City that the Property can be developed in accordance with 28 Existing Land Use Ordinances throughout the term of this Agreeme 002P3BDA.010 5 [5-9-90] { 1 and the commitment of City in good faith to pursue public 2 infrastructure financing. 3 (f) City acknowledges that it would not be economically 4 feasible for Developer or any other developer to develop the 5 Property and incur the obligations required, pursuant to this 6 Agreement without having the assurances as provided herein that 7 Developer will be able to develop the Property consistent with the , 8 Specific Plan submitted by Developer and the terms hereof. 9 (g) In consideration for City's entering into this k 10 Agreement and the uses permitted herein, Developer agrees that it 11 will comply with all the Conditions of Approval during the time 12 this Agreement is in full force and effect. The parties 13 acknowledge that this Agreement is a material consideration for 14 Developer's acceptance of the Conditions of Approval. 15 16 3 . DEFINITIONS 17 3 . 1 "Agreement" means this Development Agreement made and 18 entered into by and between the City and Developer in accordance 19 with applicable state laws and local regulations. 20 3 .2 "CEQA" means the California Environmental Quality Act of 21 1970 (California Public Resources Code Section 21000 et seer. ) and 22 the State CEQA Guidelines (California Code of Regulations, Title 23 14, Section 15000 et seg. ) . 24 3 . 3 "City" means the City of Lake Elsinore, including its 25 officials, officers, employees, commissions, committees and 26 boards. 27 3 . 4 "City Council" means the duly elected City Council of ' 28 the City of Lake Elsinore. f � 002p3BDA.010 6 [5-9-901 i i 1 3 . 5 "Developer" means PARDEE-GROSSMAN/COTTONWOOD CANYON and 2 its successors in interest to all or any part of the Property. 3 3. 6 "Development" means the improvement of the Property foi 4 the purposes of constructing and otherwise effecting the 5 structures, improvements and facilities comprising the Project as 6 set forth in this Agreement, including but not limited to grading, 7 the construction of infrastructure and public facilities related 8 to the Project (whether located within or outside the Property) , 9 the construction of structures and buildings and the installation 10 of landscaping. 11 3 .7 "Development Approval (s) " means the Specific Plan, 12 General Plan Amendment, and Conditions of Approval as in effect on 13 the date of this Agreement. 14 3 . 8 "Effective Date" means the date described in Section 6. 1 15 of this Agreement. 16 3 .9 "EIR" means an environmental impact report prepared in 17 accordance with the provisions of CEQA. 18 3. 10 "Existing Land Use Ordinances" means the Specific Plan, 19 as in effect on the date of this Agreement, and, to the extent 20 applicable and not inconsistent with the Specific Plan, the City's 21 rules, ordinances, regulations, laws, official policies governing 22 development, density, permitted uses, growth management, 23 environmental considerations and design criteria, taxes and fee 24 programs, including, without limitation, the City's general plan 25 and zoning, subdivision, and building regulations, whether adopted 26 by the City Council or by the voters in an initiative, in effect 27 as of the date of this Agreement. 28 002P3BDA.010 7 1 [5-s-901 , i r I i 1 3 . 11 "Project" means the development project, as set forth 2 in the Specific Plan, as in effect on the date of this Agreement. 3 3 . 12 "Property" means the real property which is the subject 4 of this Agreement and is described in Section 4 below. j 5 3 .13 "Specific Plans means the Cottonwood Hills Specific 6 Plan (S.P. 88-1) . 7 3 . 14 "Substantial compliances for the purposes of this I 8 Agreement. and periodic review hereunder means the party has 9 sufficiently followed the terms of this Agreement so as to carry 3 10 out the intent of the parties in entering into this Agreement. 11 3 . 15 The "exhibits" to the Agreement are as follows and are 12 incorporated herein as though set forth in full: 13 EXHIBIT A: Legal description of the Property. 14 EXHIBIT B: City ordinance adopting Specific Plan. 15 EXHIBIT C: City ordinance adopting General Plan 16 amendment. 17 EXHIBIT D: Conditions of Approval For Specific Plan 88-1 18 (Cottonwood Hills) . 19 EXHIBIT E: Addendum Re Implementation of Conditions. ' I 20 i 21 4 . PROPERTY COVERED 22 The property covered by this Agreement is described in 23 Exhibit "A" attached hereto and incorporated herein by this 24 reference. This Agreement may be amended as provided in paragraph ; 25 8. 4 to include additional real property owned by Developer < 26 provided that any reference herein to Existing Land Use Ordinances ' 27 shall, with respect to such additional property, refer to those 28 002P3BDA.010 8 {5-9-90] I Il 1 land use ordinances in effect upon the effective date of any such 2 amendment. 3 ' 4 5. INTEREST OF DEVELOPER i 5 Developer represents that it has a legal or equitable 6 interest in the Property and that all other persons presently 7 holding legal or equitable interests in the Property will be bound 8 by the Agreement as of its effective date. 9 10 6. DURATION OF AGREEMENT 11 6. 1 Effective Date and Term. The term of this Agreement 12 shall be for twenty (20) calendar years from its effective date. 13 Said term may be extended by the circumstances set forth in 14 Sections 11 and 15. The effective date of this Agreement shall be 15 the last -date of (a) adoption by City of an ordinance authorizinc 16 execution of this Agreement; (b) All the Property being formally 17 annexed to the City; and (c) execution of this Agreement by the 18 Parties. 19 6.2 Scheduling. Construction of the Project covered by this 20 Agreement will be undertaken following receipt of requisite 21 Development Approvals from City. City 'and Developer acknowledge 22 that Developer cannot at this time accurately predict the time 23 schedule within which the Project will be developed, except that 24 it will be completed within the aforesaid twenty (20) year period. 25 So long as the Project is constructed in a manner consistent with 26 the City's Existing Land Use Ordinances as of the date of this 27 Agreement and the Specific Plan, Developer shall have the right '28 construct the Project at `the rate and in the sequence deemed 002P3BDA.010 9 [5-9-901 I i I i 1 appropriate by Developer within the exercise of its sound business ; 2 judgment. It is Developer's present reasonable expectation that 3 Development of the Project will be completed within the term of 4 this Agreement. For purposes of this Agreement, completion of the { Project shall mean the date on which a certificate of occupancy or 6 comparable instrument is issued for the last improvement or , 7 : structure constructed pursuant to this Agreement. Following the 8 expiration of the aforesaid twenty (20) year term, this Agreement i 9 shall be deemed terminated and of no further force and effect. I � 10 6. 3 Periodic review. I it 11 (a) City shall, in accordance with applicable state 12 law, review this Agreement at least once every twelve (12) months 13 from and after the Effective Date hereof. During each such 14 periodic review, City and Developer shall have the duty to ,15 demonstrate their good faith compliance with the terms and I 16 conditions of this Agreement. Both parties agree to furnish such 17 evidence of good faith compliance as may be reasonably necessary 18 or required. City's failure to review at least annually 1 1 19 Developer's compliance with this Agreement shall not constitute or 20 be asserted by either party as a breach of the other party. Such 21 periodic -review shall be .limited in scope to the compliance, by 22 Developer, with the terms of this Agreement. A finding by City of 23 good faith compliance by Developer with the terms of the Agreement 24 shall conclusively determine said issue up to the date of such 25 , finding. 't 26 (b) City shall deposit in the mail to Developer a copy l 27 of all staff reports, and to the extent practical, related 26 exhibits concerning contract performance a minimum of ten (10) 002P3BDA.010 10 (5-9-90] i I i I k i f� I i 1 1 calendar days prior to any such review or action upon the 2 Development Agreement by City. Upon request by Developer, 3 Developer shall be permitted an opportunity to be heard orally 4 and in writing regarding its performance under the Agreement at 5 any review on the Development Agreement. 6 (c) Developer's duty to demonstrate its good faith 7 compliance may be satisfied by the presentation to City of (1) a 8 written report identifying Developer's performance or the reasons 9 for its non-performance excused pursuant to the terms of this 10 Agreement or (2) oral or written evidence submitted at the time of 11 review. The parties recognize that this Agreement and the 12 documents incorporated herein could be deemed to contain thousands 13 of requirements (i .e. construction standards, landscape standards 14 et al . ) , and that evidence of each and every requirement would be 15 a wasteful exercise of the parties resources. Accordingly, h 16 Developer shall be deemed to have satisfied its duty when it 17 presents evidence on its good faith and substantial compliance 18 with the major provisions of the Specific Plan and the uses, 19 number, types, densities, heights and sizes of structures 20 completed and any reservations and dedications to the City. 21 Generalized evidence or statements shall be accepted in the I 22 absence of evidence that such evidence is untrue. Either party 23 may address any requirement of this Agreement; provided, however, 24 that City shall provide ten (10) days written notice to Developer 25 of any requirement it desires to be addressed. If, at any time 28 of review an issue not previously identified in writing is 27 required to be addressed by City, the review, at the request of 28 002P3HDA.010 1 1 [5-9-901 1 either party, shall be continued to afford sufficient time for 2 analysis and preparation. 3 (d) Developer may seek judicial review of any finding 4 by City of failure by Developer to demonstrate good faith ` x{ compliance with the terms of the Agreement under this section. i� 6 ! Any such legal action shall be commenced in the Superior Court of 7 Riverside County. In any judicial proceeding, the court shall 8 +` apply the standard of judicial review utilized in cases affecting 9 vesting rights. 10 6.4 Certification of completion. Promptly upon completion 11 of the Project, Developer will submit a draft letter of completion 12 for City review. Upon review, City shall provide Developer with ` 13 a letter of completion so certifying. This certification shall 14 - be a conclusive determination that the obligations of Developer 15 under this Agreement have been met. The certification shall be 16 in such form as will enable it to be recorded in the Official 17i Records of Riverside County, California. i i 18 j 19 7. VESTED RIGHT ' . 20 7. 1 Acknowled ent of Vested Ri ht. By entering into this 1 21 Agreement and relying thereon, Developer is obtaining a vested i 22 right to proceed with the Project in accordance with the k 23 Development Approvals and Existing Land Use Ordinances, but I 24 subject to any remaining discretionary approvals required in order 25 to complete the Projects as contemplated by the Development 26 Approvals (which discretion shall be exercised reasonably and in 27 accordance with the terms of this Agreement) . By entering into 28 this Agreement and relying thereupon, City is securing certain I 002P3BDA.010 12 [5-9-901 i,4 i i 1 public benefits which help to alleviate potential problems in 2 City and enhance the public health, safety and welfare. City 3 therefore agrees to the following: r 4 7.2 No conflicting enactments. Neither the City Council of 'f 5 City nor any other agency of City shall enact an ordinance, 6 policy, rule, regulation or other measure applicable to the 7 Project which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or 9 which is otherwise in conflict with this Agreement. 10 7.3 Intent of parties. In addition to and not in limitation a 11 of the foregoing, it is the intent of Developer and City that no 12 moratorium or other limitation (whether relating to the rate, 13 timing or sequencing of the development or construction of all or 14 any part of the Project and whether or not enacted by initiative 16 or otherwise) affecting parcel or subdivision maps, building 16 Permits, site development permits, special use permit:, occupancy 17 certificates or other entitlements to use approved, issued or 18 granted within City, or portions of City, shall apply to the 19 Project to the extent such moratorium or other limitation is in 20 conflict with this Agreement. Notwithstanding the foregoing, 21 should an ordinance, general plan or zoning amendment, measure, 22 moratorium, policy, rule, regulation or other limitation enacted 23 by citizens of City through the initiative process be determined 24 by a court of competent jurisdiction to invalidate or prevail over 26 all or any part of this Agreement, Developer shall have no 26 recourse against City pursuant to this Agreement, but shall retain 27 all other rights, claims and causes of action at law or in equit . 28 which Developer may have under this Agreement and independent of 002P3BDA.010 13 (5-4-907 i 1 this Agreement. The foregoing shall not be deemed to limit 2 Developer's right to appeal any such determination of such a 3 ordinance, general plan or zoning amendment, measure, ploy, rule, 4 regulation, moratorium or other limitation which purports to 5 invalidate or prevail over all or any part of this Agreement. 6 City and Developer agree to cooperate in all reasonable manners 7 'in order to keep this Agreement in full force and effect. I 8 9 8 . GENERAL DEVELOPMENT OF THE PROJECT 10 8. 1 Project. While this Agreement is in effect, Developer 11 shall have a vested right to develop the Project in accordance ! I 12 with the terms and conditions of this Agreement, and in accordance , 13 with, and to the extent of the Development Approvals. Except as 14 otherwise specified in this Agreement, the Development Approvals 15 shall control the overall design, development and construction of i 16 the Project and all on-site and off-site improvements and 17 appurtenances in connection herewith, including, without 18 limitation, all mitigation measures required in order to minimize 19 or eliminate material adverse environmental impacts caused by the 20 Project. The permitted uses of the Property, the density and 21 intensity of use, the maximum height and size of proposed 22 buildings, the provisions for reservation and dedication of land 23 for public purposes and other terms and conditions of development 24 applicable to the Property shall be those set forth in this 25 Agreement and the Development Approvals or as may otherwise be ! 26 mutually agreed upon by the parties. The Project shall be 27 configured generally as indicated on the Specific Plan. The 28 location of the improvements shall be generally as indicated on i i 00223BDA.010 1 (5-9-90] I i i A I i C I 1 the Specific Plan; provided, however, that the Specific Plan 2 placement and location of improvements including common area 3 facilities, roadways and landscaping as shown on said plan is 4 descriptive only and may be varied, amended, changed or modified 5 at the election of Developer, with approval of the Community 6 Development Director, in accordance with the applicable provisions 7 of the Existing Land Use Ordinances. Such right of approval is 8 to ensure compliance with the Specific Plan, and to ensure that 9 amendments to the Specific Plan do not adversely affect compatibility with offsite improvements. The number of i0 p y p 11 residential units actually constructed in any planning unit may 12 vary in accordance with the provisions of the Specific Plan. 13 8 . 2 Phasing of Developments: The construction of 14 improvements and development of the Property may be accomplished E 15 at the times and in the phases or increments which are selected 1 E 16 Developer. No moratoriums or ordinances imposing limitations on 17 the number of building permits which may be issued by City shall 18 apply to the Property unless a finding is made in accordance with Ig Section 9 . 7. City specifically acknowledges that Developer's 20 discretionary control over timing and phasing of construction is 21 a major consideration being provided to Developer under this 22 Agreement, and such discretionary control over timing and phasing 23 of construction is a vested right provided to Developer under this 24 Agreement. i 25 8 .3 Reservations or Dedications: Reservations or 26 dedications of portions of the Property are set forth on the Phase 27 I Vesting Tentative Map which will be approved, as described in 28 the Recitals set forth above. Other reservations or dedications 002P3BDA.010 15 [5-9-90] i i i 1 of portions of the Property may, from time to time, be required 2 by City in accordance with or as part of subdivision map approvals i 3 for the remainder of the Property. Said reservations and 4 dedications are to be imposed in accordance with Existing Land 4 5 Use Ordinances. For the purposes of this Section 8 . 3 and the 6 Vesting Tentative Map relating to Phase I of the project, any 7 reference to the "dedication" or "reservation" of land shall be 8 construed to include the acquisition of such land by a Mello-Roos 9 Community Facilities District, or other financing district at a 10 purchase price equal to the fair market value thereof. i 11 Accordingly, all park and other sites to be "dedicated" or 12 "reserved" to the City pursuant to the Vesting Tentative Map 13 relating to Phase I of the project or this Section 8. 3 , may be 14 purchased by a Community Facilities District (or other financing 15, 'district) formed over property owned by the Developer to the 16 extent funds are legally available for such purpose. 17 8.4 Administrative changes and amendments. This Agreement 18 may be amended from time to time by mutual consent of the parties 19 in the same manner as its adoption by ordinance. The parties 20 acknowledge that refinements and further development of the 21 Project may demonstrate that changes are appropriate with respect 22 to the details and performance of the parties under this 23 Agreement. The parties desire to retain a certain degree of i 24 flexibility with respect to the details of the Project development I 25 and with respect to those items covered in general terms under I 26 this Agreement. If and when the parties find that changes or 27 adjustments are necessary or appropriate, they shall, unless 28 otherwise required by law, effectuate such changes or adjustments I 002FMA.010 16 [5-9-901 I I i it I i I I 1 through administrative amendments approved by the City Director ` 2 of Community Development, which, after execution, shall be 3 attached hereto as an addendum and become a part hereof, and may 4 be further changed and amended from time to time as necessary, 5 with approval by City and Developer. Any such administrative 6 changes or amendments shall not be deemed to be an amendment to 7this Agreement under Government Code Section 65868. Unless 8 otherwise required by law, no such administrative amendments shall 9 require notice or hearing. Notwithstanding the foregoing, the i 10 following matters shall not be considered administrative changes I 11 or amendments, but shall be considered substantive amendments 12 which shall be reviewed by the Planning Commission and approved 13 by the City Council: 14 (a) Alteration of the permitted uses of the Property; 15 (b) Increase in the density or intensity of use or 16 number of lots; 17 (c) Increase in the maximum height and size in 18 permitted buildings; 19 (d) Deletion of a requirement for the reservation or 20 dedication of land for public purposes except for minor boundary 21 adjustments approved by the Planning Director; and 22 (e) Any amendment or change requiring a subsequent or 23 supplemental Environmental Impact Report pursuant to Public 24 Resources Code Section 21166. 25 26 9. RULES, REGULATIONS AND OFFICIAL POLICIES 27 9. 1 Effect of agreement on land use regulations. The ruler 28 regulations and official-`policies governing permitted uses of tht 002P3BDA.020 17 (5-9-9D1 I i I 1 1 Property, the density and intensity of use of the Property, the 2 maximum height and size of proposed buildings and the design, 3 improvement and construction standards and specifications 4 applicable to development of the Property are those rules, 5 regulations and official policies in force as of the Agreement 6 Date set forth in the Specific Plan, and City agrees that during 7 :;the term of this Agreement, Developer shall have the right to j 8 develop the Property in any manner consistent with the Specific 9 Plan and. said rules, regulations and official policies. In 10 connection with any approval which City is permitted or has the 11 right to make under this Agreement relating to the Project, or 12 otherwise under the Existing Land Use Ordinances, City shall 13 exercise its discretion or take action in a manner which is as 14 diligent as possible and which complies and is consistent with the , .15 Development Approvals and the standards, terms and conditions 16 contained in this Agreement, and in a manner which will not 17 interfere with the development of the Project for these uses, and i 18 to the height, density and intensity specified in this Agreement, 19 or with the rate of development selected by Developer. City shall ; 20 accept for processing and normal timely review and act on all 21 applications for further land use entitlement approvals with 22 respect to the Project called for or required under this 23 Agreement. Such application shall be processed in the normal 24 manner for processing such matters. 25 9.2 Modified Rules. City may, during the term of this 26 Agreement, apply only such newer, modified rules, regulations, 27 ordinances, laws, general or specific plans, and official policies 28 which are not in conflici with those in effect on the date of this k 002P3BDA.010 18 [5-9-90] � I I h I h 1 Agreement; provided that such application shall not prevent 2 development in accordance with Sections 8. 1 and 8.2 above. 3 However, this section shall not preclude the application to 4 development of the Property of changes in City laws, regulations, 5 plans or policies specifically mandated and required by changes in 6 state or federal laws or regulations. In the event such changes i 7 in state or federal laws prevent or preclude compliance with one 8 or more provisions of this Agreement and implementation of the 9 Specific Plan, the parties agree to take appropriate action 10 pursuant to Section 9. 6 of this Agreement. This Agreement shall 11 not prevent City from applying the following new rules, 12 regulations and policies: 13 (a) Processing fees and charges imposed by City to i 14 cover the estimated actual costs to City of processing 15 applications for development approvals, for monitoring complianc 16 with any development approvals, or for monitoring compliance with 17 environmental impact mitigation measures. 18 (b) Procedural regulations relating to hearing bodies, 19 petitions, applications, notices, findings, records, hearings, 20 reports, recommendations, appeals and any other matter of 21 procedure. 22 (c) Regulations governing construction standards and 23 specifications including, without limitation, the City's Building 24 Code, Plumbing Code, Mechanical Code, Electrical Code and Fire 25 Code provided that such construction standards and specifications 26 are applied on a City-wide basis. 27 (d) Regulations which are not in conflict with the 28 Development Approvals or ,this Agreement. 002MDA.010 19 [5-s-9uI 1 (e) Regulations which are in conflict with the 2 Development Approvals or this Agreement if such regulations have 3 been consented to in writing by Developer. 4 9.3 Fees. Any application, processing and inspection fees, building codes or construction standards and specifications, now 6 existing or hereafter in existence, shall apply to development 7 pursuant to this Agreement; provided that: (i) such fees, 8: standards and specifications are applicable to all applications 9 for construction or building permits for private projects in the 10 City or apply to all public works within the City and (ii) their 11 application to the development of the Property is prospective only 12 as to applications for building and other development permits or 13 approvals of tentative subdivision maps not yet accepted for 14 processing; and (iii) their application shall not prevent 15, development in accordance with sections 8. 1 and 8 .2 of this 1 16 Agreement. City shall not impose, in any form, any development 17 impact fee upon Developer or the Property other than those 18 specific fees described in Exhibit "E" to this Agreement, entitled 19 Addendum Re Implementation of Conditions. City shall not increase 20 any fee described on Exhibit "E" from the amount of the fee set 21 forth on Exhibit "E." A development impact fee shall be 22 considered to be any direct or indirect fee, charge or assessment 23 based upon or arising from the impact or effect of any development 24 of the Property upon City, including, but not limited to, its 25 infrastructure, facilities, or roadways, or upon the need for h 26 capital improvements or maintenance caused by any development of 27 the Property. i 28 002P3BDA.010 2 0 [5-9-901 I I I 1 9.4 Comparative Evaluation. City agrees not to apply any j 2 comparative evaluation of Developer's proposed development of the 3 Property with a proposed development of any other project of any 4 developer in connection with issuance of building permits or other 5 approvals for development of the Property. 6 9 . 5 Subsequent actions and approvals. In accordance with 7 Government Code Section 65866, this Agreement shall not prevent 8 City in subsequent actions applicable to the Property from 9 applying new rules, regulations and policies which do not conflict ; 10 with those existing rules, regulations and policies set forth in 11 the Development Approvals, nor shall this Agreement prevent City 12 from denying or conditionally approving any subsequent development 13 project application not subject to this Agreement on the basis of j 14 such existing or new rules, regulations or policies. 15 9. 6 State and federal laws. 16 (a) In the event that state or federal laws or 17 regulations, enacted after this Agreement is executed, prevent or 18 preclude compliance with one or more of the provisions of this 19 Agreement, such provisions of this Agreement shall be modified or 20 suspended as may be necessary to comply with such state or federal 21 laws or regulations; provided, however, that this Agreement shall 22 remain in full force and effect to the extent it is not 23 inconsistent with such laws or regulations and subject to the 24 following provisions: In the event that State or Federal laws or 25 regulations enacted after this Agreement have been entered into or 26 the action or inaction of any other affected governmental 27 jurisdiction prevent or preclude compliance with one or more 28 provisions of this Agreement or require changes in plans, maps o�- 002P3BDA.010 2 1 i i i , i I permits approved by City (including a court decision affecting the 2 validity of development agreements pursuant to Government Code 3 Section 65864 through 65869.5) , the parties shall: (1) provide 4 the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy and a 6 statement of conflict with the provisions of this Agreement; and 7 (2) promptly meet and confer with the other party in good faith 8, and reasonably attempt to modify or toll this Agreement to comply fl 9 with such federal or state law or regulation in a manner I 10 consistent with the intent and objectives of this Agreement, to i 11 the extent feasible. I 12 (b) Thereafter, regardless of whether the parties reach j 13 agreement on the effect of such federal or state law or regulationl ; I 14 upon this Agreement, the matter shall be scheduled for hearing I 15 before the Council, ten (10) days written notice of such hearing I 16 shall be provided to Developer, and the Council , at such hearing, i 17 shall determine the exact modification or tolling which is �. 18 required by such federal or state law or regulation. Developer, 19 at the hearing, shall have the right to offer testimony. Any 20 modification or tolling shall be taken by the affirmative vote of 21 not less than a majority of the authorized voting members of the 22 Council . Any suspension or modification may be subject to 23 judicial review in conformance with this Agreement. 24 Notwithstanding the above, this Agreement is deemed to be a valid 25 and legitimate exercise by City of its police power to provide 26 for future public improvements and facilities for the benefit of 27 the health, safety and welfare of City. 28 002P3BDA.010 2 2 [5-9-90] i i i l j 1 9 . 7 Unforeseen Circumstances: If, as a result of facts, 2 events or circumstances presently unknown, unforeseeable and which 3 could not have been known to the parties to this Agreement, City 4 determines that the health and safety of City requires the 5 modification, suspension or termination of this Agreement, City 6 shall (1) notify Developer in writing of (a) City's determination, 7 (b) the reasons for City's determination and all facts upon which 8 such reasons are based, and (c) forward to Developer ten (10) days 9 prior to the hearing referred to below all documents relating to 10 such determination and reasons therefor; (2) notify Developer, in 11 writing, at least ten (10) days prior to the date, the time and 12 place of the hearing; and (3) hold a hearing at which Developer 13 shall have the right to offer witnesses, reports and testimony, 14 and further have the right to examine witnesses, City staff or I 15 other persons ; and (4) make a finding that, based upon clear and 16 convincing evidence, it has been established that: (a) The 17 circumstances were unknown, unforeseeable and could not have been 18 known; (b) The health and safety of the community require the 19 suspension, modification or termination of the Agreement as 20 opposed to any other alternative; and (c) City to the extent i 21 feasible has provided Developer with an equitable program to 22 reimburse to Developer unused fees, and provide equitable 23 reimbursement for dedications or improvements not required by the 24 extent of development as of the date of such suspension, 25 modification or termination. In the event the City Council should 26 fail to make such findings then this Agreement shall not be so 27 terminated, modified or suspended; and in the event the City 28 Council should make such-'findings, Developer shall have the right 002P3BDA_010 23 [5-9-90J i i 3 � i I to file an action in the Superior Court, County of Riverside, 2 challenging said findings. The Superior Court shall utilize the 3 standard of review applicable in cases involving vested rights. 4 The unforeseen circumstances, which shall cause the operation of this provision shall not be the result of changes in State or 6 Federal law. In the event of changes in State or Federal law, 7 the provisions of Section 9 .6 shall govern. 8 9 10 . COOPERATION AND COVENANT OF FURTHER ASSURANCES 10 10 . 1 Third party actions. Developer and City shall 11 cooperate in defending any action or proceeding instituted by any 12 third party challenging the validity of any provision of this 13 Agreement or any action taken or decision made hereunder. 14 Developer agrees to assume the lead role in the defense of any 15 such action or proceeding so as to minimize litigation expenses 16 incurred by City. In addition, any court action or proceeding � i 17 brought by any third party to challenge this Agreement or any ' i 18 other permit or approval required from City or any other 19 governmental entity for Development or construction of all or any I 20 portion of the Project covered by this Agreement shall constitute i . i 21 a permitted delay under Section 11. Notwithstanding the 22 foregoing, the filing of any third party litigation against City i ' 23 and/or Developer relating to this Agreement or any provision 24 thereof shall not be a reason to delay or stop the Development, 25 processing or construction of the Project (including but not 26 limited to the issuance of building permits or certificates of 27 occupancy) unless the third party obtains a court order preventing ' 28 24 002P3BDA.010 (5-9-901 i i f i 1 the activity. City will not stipulate to the issuance of any 2 such court order. 3 10.2 Further assurances. Each party covenants on behalf of f 4 itself and its successors and assigns to take all actions and do 5 all things, and to execute with acknowledgments or affidavits if ' 6 required any and all documents and writings that may be necessary 7 or proper to achieve the purposes and objective of this Agreement. 8 Each party shall take all necessary measures to see that the 9 provisions of this Agreement are carried out in full. 10 10. 3 Processing. If necessary or required, upon I 11 satisfactory completion by Developer of all required preliminary 12 actions and payments of appropriate filing and processing fees, 13 if any, City shall commence and proceed to complete all steps 14 required or necessary for the implementation of this Agreement 15 and the Development by Developer of the Project in accordance 16 with the Existing Development Approvals including: 17 (1) Scheduling, convening and concluding all required 18 public hearings in a diligent manner consistent with applicable 19 laws and regulations in force as of the Effective Date of this 20 Agreement. 21 (2) Processing and approval of all maps, plans, land 22 use permits, building plans and specifications and other 23 applications for Development Approvals relating to the Development 24 of the Project, filed by Developer. 25 Developer will, in a timely manner, provide City with 26 all documents, applications, plans and other information necessary 27 for City to carry out its obligations hereunder and cause 28 Developer's planners, enliheers and all other consultants to 002P3SDA.010 2 5 [5-9-901 i I I � 1 submit in a timely manner all required materials and documents 2 therefor. It is the express intent of Developer and City to 3 cooperate and diligently work to implement the Specific Plan. 4 10.4 Governmental permits. Developer shall apply in a 5 timely manner for such other permits and approvals as are required 6 by other governmental agencies having jurisdiction over the 7 Project in connection with the development of, or provision of EI 8 services to, the Project. City shall use its best efforts to 9 assist Developer in coordinating the implementation of the Project 10 with such other governmental agencies. City shall cooperate with ! � 11 Developer in its efforts to obtain such permits and approvals. If 12 City's execution of a document or agreement is necessary or 13 required by law to obtain or give effect to any such permit or 14 approval, then City will execute such document or agreement. 15 10. 5 Financing of public facilities and/or services. 16 (a) Attached hereto as Exhibit "D" is a statement of i 17 the Conditions of Approval For Specific Plan 88-1 (Cottonwood i 18 Hills) adopted by the City Council on March 14 , 1989 . Said i 19 conditions relate to public improvements to be provided by 20 Developer. Attached hereto as Exhibit "E" is an Addendum Re 21 Implementation of Conditions, which relates to the conditions 22 imposed by Exhibit "D. " Each party shall perform the obligations 23 imposed upon that party by Exhibit "E, " and each party may 24 exercise and enforce the rights given that party by Exhibit "E." 25 (b) City will cooperate and use its best efforts to 26 assist Developer in obtaining and implementing and placing in 27 effect a Mello-Roos, or other improvement bond program, or other 28 public financing program- which may be available for the purpose of 002P3BDA.010 26 IS-9-90j i 1 funding the planning, design, construction and maintenance of 2 public facilities, including related fees and the acquisition of 3 land therefor, and/or the provision of public services for the 4 Project. In addition, the City shall not require the Developer to 5 join an existing Mello-Roos District or require that the financing 6 districts participate in any pooled financing program or bond 7 issue sponsored directly or indirectly by the City, unless at the i 8 time of the issuance of bonds, a formal policy provides that all 9 developments for which the City is sponsoring a Mello-Roos 10 District shall be required to participate in such financing 11 program. Unless Developer otherwise consents, in the event that i 12 Developer is required to participate in a pooled financing or 13 Marks-Roos Program, i 14 15 [i] the Marks-Roos bonds or pool bonds to purcha 16 the Mello-Roos obligations from Developer's property 17 will only be available to purchase such Mello-Roos 18 obligations; and 19 20 [ii] the City will retain an underwriter 21 recommended by Developer and agreeable to the City to 22 participate in not less than 50 percent of the 23 underwriting. 24 25 The parties expect that bonds, assessments, liens or other such 26 financing devices would be issued or levied to provide sufficient 27 funds for the above-mentioned purposes. The parties, however, 28 acknowledge that such public improvements may not be completely OOMBOA.010 2 7 [5-9-90] i I i i 1 financed by said financial mechanism and the City retains the 2 right to establish a maximum tax rate or assessment per parcel/lot 3 or acre. City acknowledges that completion of proceedings to 4 establish one or more public financing districts as discussed above is critical to provide the parties with security for 6 performance by Developer of its obligation to commence and 7 'complete construction of major infrastructure. City will also 8 assist Developer in securing construction and/or permanent 9 financing and/or seller financing in connection with the i 10 development of the Property, and in condemning and obtaining all 11 necessary rights of way. 12 10. 6 Utilities coordination. City shall use its best { 13 efforts to assist Developer in obtaining all electrical, gas, 14 telephone and other necessary utility connections required by the i 15 Project. Within a reasonable time after request therefor by I 16 Developer, City shall approve all connection and access points � I 17 for such utilities if in compliance with all applicable i 18 ordinances, rules and regulations. 19 10.7 Covenant of aood faith and fair dealing. Except as may 20 be required by law, neither party shall do anything which shall j 21 have the effect of harming or injuring the right of the other 22 party to receive the specified and described benefits of this 23 Agreement; each party shall refrain from doing anything which 24 would render its performance under this Agreement impossible or 25 impractical ; and each party shall do everything which this 26 Agreement describes that such party shall do. 27 10 . 8 Stephens Kangaroo Rat. City will use its best efforts 28 to maximize the amount of acreage which is released for grading ; i i 002P3SDA.010 2 8 I [5-9-90] i I I I i i I i 1 and allocate it to City pursuant to the Riverside County Short- 2 Term Habitat Conservation Plan for the Stephens Kangaroo Rat, and 3 City will take such steps as may be necessary or appropriate fro3 4 time to time, to secure such maximum allocation. 5 6 11. PERMITTED DELAYS 7 Developer shall be excused from performance of its i j 8 obligations hereunder during any period of delay caused by acts 9 of God or civil commotion; riots, strikes, picketing, or other 10 labor disputes ; unavoidable shortage of materials or supplies, 11 damage to work in progress by reason of fire, flood, earthquake 12 or other casualty, litigation which prohibits processing or 13 constructing the Project; initiatives or referenda; moratoria; or 14 unanticipated restrictions imposed or mandated by other 15 governmental entities. Each party shall promptly notify the othi 16 party of any delay hereunder as soon as possible after the same 17 has been ascertained, and the term of this Agreement shall be 18 extended by the period of any such delay. Notwithstanding Section 19 14. 3 , any claim for delay must be presented within 30 days of 20 knowledge of the cause of such delay, or any entitlement to time 21 extension shall be deemed waived. 22 23 12 . ESTOPPEL CERTIFICATES 24 Either party may at any time, and from time to time, deliver 25 written notice to the other party requesting the other party 26 certify in writing that to the knowledge of the certifyingart party: 27 (1) this Agreement is in full force and effect and is a binding 28 obligation of the parties; ' (2) this Agreement has not been amend(___ 00ZP3BDA.010 2 9 [5-9-90] { 1 or modified, and, if so amended or modified, to identify the 2 relevant documents; and (3) no default in the performance of the , 3 requesting party's obligations under this Agreement exists or, if 4 in default, the nature of any default. A party receiving a request hereunder shall execute and return the certificate within 6 thirty (30) days following the receipt thereof. 7 8 13 . RECORDATION BY CITY CLERK 9 Pursuant to Government Code Section 65868 .5, within ten (10) t 10 days of City's execution of this Agreement, the City Clerk shall 11 record a copy with the Riverside County Recorder. Thereafter, i 12 pursuant to Government Code Section 65868.5, "[t]he burdens of the 13 agreement shall be binding upon, and the benefits of the agreement i 14 shall inure to, all successors in interest to the parties to the 15' agreement." 16 17 14 . DEFAULT 18 14 . 1 Events of default. 19 (a) Subject to any written extension of time by mutual 20 consent of the parties, and subject to the provisions of Sections 21 11 and 15 regarding permitted delays, the failure of either party 22 to perform any material term or provision of this Agreement shall 23 constitute default if such defaulting party does not cure such 24 failure within thirty (30) days following written notice of • ver, � 25 default from the other party, provided, howe , that if the I 26 nature of the default is such that it cannot be cured within 27 thirty (30) days, the commencement of a cure within such period I 28 and the diligent prosecution to completion of the cure shall be 002F MA.010 30 [5-9-901 i I 1 f I i I i i I 1 deemed to be a cure within such period. Any notice of default 2 given hereunder shall specify in detail the nature of the alleged i 3 default and the manner in which such default may be satisfactori: 4 cured in accordance with the terms and conditions of this 5 Agreement. During the time periods herein specified for cure of 6 a failure of performance, the party charged with such failure of 7 performance shall not be considered to be in default for purposes 8 of termination of this Agreement, or for purposes of institution 9 of legal proceedings with respect thereto, or for purposes of 14 issuance of any building or grading permit with respect to the 11 project. 12 (b) After proper notice and the expiration of the time 13 for cure, the noticing party to this Agreement, at its option, may 14 institute legal proceedings pursuant to Section 25 hereof or give 15 notice of intent to terminate this Agreement pursuant to 16 Government Code Section 65868 . Following notice of intent to 17 terminate, the matter shall then be scheduled for consideration 18 and review in the manner set forth in California Government Code 19 Sections 65865, 65867 and 65868 by the City Council within thirty 20 (30) days. The City Council shall utilize the standard of review 21 applicable in cases involving vested rights. 22 (c) In the event the City Council finds a default on 23 the basis of evidence presented before it, the non-defaulting 24 party may at its option give written notice of termination of this 25 Agreement to the party found to be in default by certified mail. 26 The party found to be in default may seek judicial review of the 27 City Council decision by filing an action in the Superior Court 28 002P3BDA.0I0 31 [5-9-901 { 1 Riverside County. The Superior Court shall utilize the standard 2 of review applicable in cases involving vested rights. 3 14 .2 Default by City: In the event that City does not 4 accept, review, approve and issue requested development permits or 5 entitlements; or City otherwise defaults on this Agreement; or 6 City otherwise fails to comply with any term or provision of this 7 Agreement; City shall be in default. City agrees that Developer 8 in no event shall be obligated to proceed with or complete the 9 project or any phase thereof nor shall resulting delays in 10 Developer's performance constitute grounds for termination or 11 cancellation of this Agreement. 12 14 . 3 No waiver. Failure by a party to insist upon the 13 strict performance of any of the provisions of this Agreement by 14 the other party shall not constitute waiver of such patty's right i 15 -- to demand strict compliance with such other party in the future. 16 All waivers must be in writing to be effective or binding upon 17 the waiving party, and no waiver shall be implied from any 18 omission by a party to take any action with respect to such 19 default. No express written waiver of any default shall affect 20 any other default, or cover any other period of time except that 21 specified in such express waiver. 22 14.4 Effect of termination. Termination of this Agreement 23 by one party due to the other patty's default shall not affect any 24 right or duty emanating from City entitlements or approvals on the 25 Project, but the rights, duties and obligations of the parties 26 hereunder shall otherwise cease as of the date of such 27 termination. 28 002P3sne.010 3 2 [5-9-90] 1 15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE 2 In addition to specific provisions of this Agreement, 3 performance by either party hereunder shall not be deemed to be 4 default where delays or defaults are due to war, insurrection, 5 strikes, walk-outs, riots, floods, earthquakes, fires, casualties, 6 acts of God, litigation, referenda, initiatives, moratoria, 7 governmental restrictions imposed or mandated by other 8 governmental entities, enactment of conflicting City, county, 9 state or federal laws or regulations, judicial decisions, or 10 similar basis for excused performance which is not within the 11 reasonable control of the party to be excused. If written notice 12 of such delay is given to either party within thirty (30) days of 13 the commencement of such delay, an extension of time for such 14 cause will be granted in writing for the period of the enforced 15 delay, or longer as may be mutually agreed upon. 16 17 16. APPLICABLE LAW 18 This Agreement shall be construed and enforced in accordance 19 with the laws of the State of California. 20 21 17. NO JOINT VENTURE OR PARTNERSHIP 22 City and Developer hereby renounce the existence of any form 23 of joint venture or partnership between City and Developer, and 24 expressly agree that nothing contained herein or in any document 25 executed in connection herewith shall be construed as making City 26 and Developer joint venturers or partners. It is understood that 27 the contractual relationship between City and Developer is such 28 that Developer is an independent contractor and not an agent of i ooMBDA.010 33 1 City. Furthermore, this Agreement is not intended, nor shall it j " 2 be construed, to create any third party beneficiary rights in any 3 person who is not a party to this Agreement. 4 5 '118. ADDRESSES FOR NOTICES 6 Any notice sent to either party under this Agreement shall be 7 in writing and shall be given by delivering the same to such party 8f in person or by sending the same by registered mail, return 9 receipt, with postage prepaid, to the following addresses: 10 11 To City: City of Lake Elsinore 130 South Main Street 12 Lake Elsinore, CA 92330 Attn: City Manager 13 To Developer:,, Pardee Construction Company 14 10880 Wilshire Boulevard Suite 1400 15 Los Angeles, CA 90024 Attn: Theodore J. Cullen 16 17 With a copy to: Sandler and Rosen 1801 Avenue of the Stars Suite 510 18 Los Angeles, CA 90067 Attn: Charles L. Birke 19 20 Notices shall be deemed given on the date delivered in person or 21 the date when the postal authorities indicate that the mailing was 22 delivered. Written notices and demands shall be sent in the same 23 manner to such other persons and addresses as either party may 24 from time to time designate in a written notice pursuant to this 25 section. 26 27 28 002P3BDA.010 3 4 [5-9-90) 1 19. ASSIGNMENT AND NOTICE 2 (a) Subject to Section 19 (b) , Developer shall have the 3 right to assign or transfer all or any portion of its interest, 4 rights or obligations under this Agreement to third parties 5 acquiring an interest or estate in Project, the Property or 6 portions thereof, including but not limited to purchasers or long- 7 term ground lessees of individual lots, parcels, or any of the 8 buildings located within the Project with or without prior 9 approval of City. Developer shall give written notice to the 10 City of its intention to assign or transfer any of its interest, 11 rights or obligations under this Agreement. Any failure by 12 Developer to provide said notice shall be curable in accordance 13 with the provisions of this Agreement. City's approval of the 14 assignment shall not be unreasonably withheld or delayed. Upon 15 City's approval of the assignment, the express assumption of any 16 of Developer's obligations under this Agreement by its assignee ! 17 transferee shall thereby relieve Developer of any further 18 obligations under this Agreement. No assignee or transferee shall 19 be deemed to have assumed any of the obligations of this Agreement 20 in the absence of an express written undertaking. If City 21 reasonably withholds approval, then Developer may nevertheless 22 complete the assignment, but Developer will not be relieved of its 23 obligations under this Agreement. Notwithstanding the foregoing, 24 Developer shall have no obligation whatsoever to provide said 25 notice when it intends to assign an interest in this Agreement in 26 connection with a conveyance or transfer to a bank or other 27 financial institution or corporation for financing purposes of 4., 28 00ZP3BDA.020 35 i fs'g'901 1 equitable interest in the Project and/or the Property whether by 2 means of a deed of trust or other instrument. 3 (b) Notwithstanding the provisions of Section 19 (a) , 4 upon the sale or lease for more than one year of a dwelling unit 5 'or office or commercial or industrial space by Developer to a 6 member of the public, but not upon the bulk sale thereof to any 7 person or entity for resale to the public, such residential unit 8 or office, commercial or industrial space shall be automatically 9 released from the terms, provisions, covenants and obligations of 10 this Agreement without notice and without the necessity of 11 executing or recording any specific instrument of release or 12 approval. 13 14 20. ENCUMBRANCES AND RELEASES OF REAL PROPERTY 15 20. 1 Discretion to encumber. The parties hereto agree that 16 'this Agreement shall not prevent or limit Developer in any manner 17 at Developer's sole discretion, from encumbering the subject real 18 Property or any portion of any improvement thereon by any 19 mortgage, deed of trust or other security device securing 20 financing with respect to the Property. City acknowledges that 21 the lenders providing such financing may require certain 22 modifications and City agrees, upon request, from time to time, 23 to meet with Developer and/or representatives of such lenders to 24 negotiate in good faith any such request for modification. City 25 further agrees that it will not unreasonably withhold its consent 26 to any such requested modification so long as the modifications 27 do not materially alter this Agreement. 28 002P3BDA.010 3 6 (5-9-901 1 20. 2 Subordination to Liens and Conveyances. City's rights 2 to enforce any obligation of this Agreement are subordinate to the 3 lien of any mortgage or deed of. trust or other instrument utiliz, 4 to secure financing with respect to the Property, or any 5 improvement thereon. Nothing in this Agreement shall be deemed to 6 create a lien on behalf of City against the Property. City will 7 execute and deliver to any lender or other interested person such 8 documents as may be reasonably requested to acknowledge that City 9 has no lien on the Property by reason of this Agreement, and that 10 City's rights under this Agreement are subordinate as set forth 11 herein. Nothing herein, however, shall be deemed to relieve 12 Developer of its obligations under this Agreement. 13 20. 3 Entitlement to written notice of default. The 14 mortgagee of a mortgage or beneficiary of a deed of trust, and 15 their successors and assigns, or any mortgage or deed of trust 16 encumbering the property, or any part thereof, which mortgagee, 17 beneficiary, successor or assign has requested notice in writing 18 receive by City, shall be entitled to receive written notification 19 form City of any default by Developer in the performance of 20 Developer's obligations under this Agreement which is not cured 21 within thirty (30) days. 22 23 21. AFFORDABLE HOUSING 24 In order to be consistent with the City's Housing Element, 25 Developer will provide its fair share of affordable rental housing 26 in the event Developer builds rental housing in the Multi-Family 27 zones of the project. Such affordable rental housing will be 28 available to persons in the low and very low income ranges, as 002P3BDA.010 37 (5-9-90] i 1 determined by the County Median Average when the building permits 2 are issued for such units by the City. Such affordable rental 3 housing shall be not less than fifteen percent (15%) of any rental 4 units built by Developer, and shall not exceed twenty percent 5 (20%) of such rental units. Nothing herein shall require 6 "Developer to build any rental units in order to provide such 7 affordable housing. Developer agrees that if densities for the 8 project are reduced, the reduction will not eliminate the 9 aforementioned affordable rental housing. City will assist 10 Developer in providing such fair share of affordable housing by Il providing economic incentives to Developer, including but not by 12 way of limitation, access to so-called "set aside" funds. 13 Developer may provide the Cottonwood Hill Project's fair share of 14 affordable rental housing by providing the aforesaid number of 15 rental housing units at one or more other locations within the 16 City limits acceptable to City Council. 17 18 22 . CONSISTENCY FINDING 19 By approving and executing this 4greement, City finds that 20 its provisions are consistent with the City's General Plan and 21 with the Specific Plan, and City further finds and determines 22 that execution of this Agreement is in the best interests of the 23 public health, safety and general welfare of City's residents, 24 property owners and taxpayers. 25 26 23 . CONSENT OF OTHER PARTIES 27 Developer may, at its discretion, elect to have other holders 28 of legal, equitable or beneficial interests in the Project, the 002P3BDA.010 3 8 [5-9-901 1 Property or portions thereof, acknowledge and consent to the 2 execution and recordation of this Agreement by executing an 3 appropriate instrument therefor. It is understood by the pantie, 4 that the execution of such document by other holders of legal, 5 equitable, or beneficial interest in the Project is not a 6 condition precedent to this Agreement. 7 8 24 . RELEASE. 9 City hereby covenants and agree that upon completion of the 10 public improvements and payment of all fees required under this 11 Agreement with respect to the Property, or any portion thereof, 12 City shall execute and deliver to the Riverside County Recorder 13 appropriate release or releases of further obligations in form and 14 substance acceptable to the County Recorder or as may otherwise bel 15 necessary to effect such release. 16 17 25. OPERATING MEMORANDA 18 The parties acknowledge that from time to time it may be in I 19 the mutual interest of the parties that certain details relative i 20 to performance of this Agreement be refined. Therefor, to the 21 extent allowable by law, the parties retain a certain degree of 22 flexibility with respect to those provisions covered in general 23 under this Agreement which do not relate to the term, permitted 24 uses, density or intensity of use, height or size of building, 25 provisions for reservation and dedication of land, timing, rate or 26 sequence of development, conditions, terms, restrictions and 27 requirements relating to subsequent discretionary actions, 28 development of public improvements or monetary contributions by 00ZP3BDA.010 3 9 [5-9-90) 1 Developer or any conditions or covenants relating to the use of 2 the Property. When and if the parties find it necessary or 3 appropriate to make changes or adjustments to such provisions, 4 they shall effectuate changes of adjustments through operating 5 memoranda in recordable form approved by the parties in writing 6 which reference this Section 24 . For purposes of this Section 24 , 7 the City Manager or his/her designee upon report to and approval 8 by the City Council, shall have the authority to approve the 9 operating memoranda on behalf of City. No operating memoranda 10 shall require notice or hearing or shall be deemed to constitute 11 an amendment to this Agreement. 12 13 26 . INSTITUTION OF LEGAL ACTION 14 In addition to any other rights or remedies, either party may 15 institute legal action to cure, correct or remedy any default, to 16 enforce any covenants or agreements herein or to enjoin any 17 threatened or attempted violation thereof or to obtain any 18 remedies consistent with the purpose of this Agreement. In the 19 event of any such legal action involving or arising out of this 20 Agreement, the prevailing party shall be entitled to recover 21 reasonable litigation expenses, attorneys' fees and costs 22 incurred. It is understood between the parties that in the event 23 a breach of this Agreement by City occurs, irreparable harm is 24 likely to occur to Developer and damages may be an inadequate 25 remedy. To the extent permitted by law, therefore, it is 26 expressly recognized that specific enforcement of this Agreement 27 by Developer is a proper and desirable remedy in addition to any 28 and all other remedies which may be available to Developer under 002P3BDA.010 40 (5-9-901 i I law or at equity. Each party shall have the right to enforce one 2 or more remedies hereunder successively and concurrently and any 3 such action shall not estop or prevent such party form pursuing 4 any further remedy which it may have; and all remedies, either 5 under this Agreement or at law or in equity or otherwise afforded 6 to the parties shall be cumulative and not alternative. In all 7 judicial proceedings, the court shall utilize the standard of 8 judicial review applicable to vested rights. 9 10 27 . INDEMNITY 11 (a) Developer agrees to and shall hold the City, its 12 officers, agents, employees and representatives harmless from 13 liability for damage or claims for damage for personal injury 14 including death and claims for property damage which may arise out ' 15 of the direct or indirect operation of the Developer or those of 16 their contractors, subcontractors, agents, employees or other 17 persons acting on their behalf which relate to the Project. 18 Developer agrees to and shall defend the City and its officers, 19 agents, employees and representatives from actions for damages 20 caused or alleged to have been caused by reason of Developer's 21 activities in connection with the Project. 22 (b) This hold harmless agreement applies to all damages and 23 claims for damages suffered or alleged to have been suffered by -24 reason of the operations referred to in this paragraph, regardless 25 of whether or not the City prepared, supplied, or approved plans 26 or specifications or both for the Project and regardless of 27 whether or not insurance coverage exists. 28 002P3BDA.010 4 1 (5-9-901 I 1 (c) The provisions of this Section shall not apply to the 2 extent such damage, liability or claim is proximately caused by 3 the intentional or negligent act of. City, its officers, agents, 4 employees or representatives. All indemnity rights and 5 obligations shall be governed by principles of comparative fault. 6 °28 . INSURANCE 7 Improvement Security/Insurance: As a condition of approving 8 a subdivision map for all or a portion of the Property, City may 9 require the furnishing of appropriate and reasonable security 10 pursuant to local ordinances and California Government Code 11 Section 66499, et seq. City may also require evidence of 12 compliance with labor standards and insurance required as a 13 standard condition under federal, state or local law at the time 14 of City action on any necessary development permits or any other 15 entitlements for the use and development of the Property pursuant 16 to this Agreement. 17 18 29 . TERMS AND CONSTRUCTION 19 29 . 1 Entire Agreement. This written Agreement contains all 20 the representations and the entire agreement between City and 21 Developer. , Any prior correspondence., memoranda, agreements, 22 warranties or representations are superseded in total by this 23 Agreement. This Agreement shall be construed as a whole according 24 to its common meaning and not strictly for or against any party in 25 order to achieve the objectives and purposes of the parties 26 hereunder. Whenever required by the context of this Agreement, 27 the singular shall include the plural and vice versa, and the 28 002P3BDA.010 42 [5-9-90] i 1 masculine gender shall include the feminine or neuter gender. 2 "'Shall" is the mandatory and "may" is the permissive. 3 29.2 signature Rages. For convenience, the signatures of 4 the parties to this Agreement may be executed and acknowledged on 5 separate pages which, when attached to this Agreement, shall 6 constitute this document as one complete Agreement. 7 29.3 Time. Time is of the essence of this Agreement and of 8 each and every term and condition hereof. 9 10 CITY OF LAKE ELSINORE DEVELOPER: PARDEE-GROSSMAN, COTTONWOOD 11 CANYON, a General Partnership by PARDEE CONSTRUCTION COMPANY, a 12 California corporation, By: GENERAL PARTNER 13 CARY ml WASHBURN, MAYOR � 14 By: 15 Michael V. McGee Vice President [Title] 16 Approved as to form and legality 17 this ��the day of 1990 18 19 CITY ATTORNEY ATTEST: 20 21 B . JOHN R. HARPER, CIT, A EY City Clerk 22 [Title] 23 24 25 26 27 28 002P3snn.0z0 43 [5-9-90j ORDINANCE NO. 854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE COTTONWOOD HILLS SPECIFIC PLAN. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: That the cottonwood Hills Specific Plan is hereby approved and adopted by the City Council based on the following findings: 1. The Specific Plan is anticipated to result in several significant adverse environmental impacts which are described in the project Environmental Impact Report. For each significant impact, measures are imposed by the Plan or its conditions of approval which eliminate or substantially lessen their effect. A number of significant impacts are unavoidable and a statement of overriding considerations is recommended to address these (see Finding #2) . Specific findings for each significant impact are as listed in Exhibit A (attached) . A Mitigation Monitoring Program is hereby adopted. A list of persons and agencies commenting and further responses to to comments are hereby adopted as part of the Final E.I.R. 2. Based upon project documents and evidence in the public record, the significant environmental effects of this project associated with the loss of on-site biological habitat, traffic impacts on area roads, degradation of local air quality and a substantial contribution to cumulative impacts of area-wide urban development, although partially mitigated or reduced by the project, remain significant and are unavoidable based upon rejection of project alternatives or additional mitigation measures necessary to reduce these impacts to less than significant levels. These impacts are found to be acceptable due to benefits derived by the project, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents, and the provision of significant improvements to Railroad Canyon Road all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this project. 3. The Cottonwood Hills Specific Plan meets the Specific Plan criteria for contents and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 4 . The Specific Plan is consistent with the City of Lake Elsinore General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. b) Services and facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I-15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Element f) Major areas of open space/wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. k) Cultural resources are anticipated to be adequately mitigated based upon. their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Community Design Element n) Design features are provided to improve the visual quality of the community. Housing Element o) Major segments of the local housing market will be accommodated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 5. The Specific Plan establishes pre-zoning of the project area in anticipation of its annexation to the City of Lake Elsinore. 6. The Specific Plan shall be effective at such time as annexation of the project area to the City of Lake Elsinore is approved by the City and the Local Agency Formation Commission and recorded. 7. The Specific Plan shall expire and be of no effect whatsoever seven years after the date of annexation recordation (as specified in #6 above) , unless an implementing Final Tract Map has been recorded prior to the end of the seven year period. 8. The Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, not will it be injurious to property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. 9. A General Plan density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a more extensive level than would otherwise be required by the project, and provision of complete turn-key neighborhood parks and partial community park infrastructure above that which would normally be required. The developer shall convey all development rights of all project open space to the City to be retained in perpetuity and to insure provision of Railroad Canyon Road and parks as specified in this finding and Specific Plan Condition of Approval. SECTION 2: That the City Clerk of the City of Lake Elsinore shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the Sun Tribune, a newspaper of general circulation, serving the City of Lake Elsinore, in accordance with provisions of the Government Code. INTRODUCED AND APPROVED UPON FIRST READING this 14th day of March, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND. READING this 26th day of March, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNCILMEMBERS: NONE Jim W-1hiEler, Mayor ATTEST: dj '7 K14 tV AIZI Adria L. BryiMg Deputy City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, ty Attorney (FINDING #1 SP 88-1) SIGNIFICANT I14PACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. b) Visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts - substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive Species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off-site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service (USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of overriding considerations. d) Cultural Resources - substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation - Substantially lessened by the develop- ment of on-site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding Consideration. f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and^ Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and .geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. �) Air Quality - substantially lessened by grading guidelines of the Plan and City ordinances for short-term impacts. Long-term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of Overriding Considerations. k) Energy Conservation _ - substantially lessened by design guidelines of the Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. i 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 had its first reading • 1•aQ�lril j'!, i�v9/ Q111A t1MK iV.y .i L1 WAL" �.i Lw 6l i 11•� Vil 14a1 VL1 .u, ii/V% 4114A - s was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMB£RS: NONE 4ICK1YNN KASAD, CITY CLERK CITY OF LAX 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. 854, of said Council, and that the same has not been amended or repealed. DATED: April 4, 1989 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. 89-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1989. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Section 65361(a) of the Government Code provides that no mandatory element of a General Plan shall be amended more frequently than four times during any calendar year; and WHEREAS, the Planning Commission held public hearings on this round of General Plan Amendments on January 17, 1989, and that this public hearing was advertised as required by law. The Planning Commission made a recommendation to the City Council concerning this General Plan Amendment and has filed with the City Council copies of map and report; and WHEREAS, notice was duly given of the public hearing on the Amendment, which public hearing was held before the City Council on the 14th day of March, 1989, at the hour of 7:00 p.m. , with testimony received being made a part of the public record; and WHEREAS, the City Council certifies that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act and that the information contained within the Environmental Impact Report has been reviewed and considered by the Council prior to approving the project. NOW, THEREFORE, in consideration of the evidence received at the hearing and for the reasons discussed by the Council members at said hearing, the City Council now finds that the Lake Elsinore General Plan be amended as follows: A. GENERAL PLAN AMENDMENT 88-1 APPLICANT: Pardee Construction Company PROPERTY OWNER: Clyde C. Christiansen; Corona Foothill Company LOCATION: Along Railroad Canyon Road, Cottonwood and Holland Roads, one-half mile south of Canyon Lake. Change approximately 1,968.7 acres from Riverside County Category II and Mountainous to Specific Plan Area, with a density of 2.17 dwelling units per acre. Approval is based on the following: 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Cottonwood Hills Environmental Impact Report for the proposed Specific Plan. For each significant impact, measures are imposed to eliminate or substantially lessen their effect. A number of these significant impacts are unavoidable and a statement of overriding consideration is recommended as Finding #2. Specific findings on each significant impact are as listed in Table 1 attached hereto as Exhibit A. 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are found to be acceptable due to due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant improvements to Railroad Canyon Road, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this request. 3. The General Plan Amendment is found to be in conformity with the General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. b) Services and facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I-15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Resource JL@Lrent f) Major areas of open space/wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. k) Cultural resources are anticipated to be adequately mitigated based upon their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Community Design Element n) Design features are provided to improve the visual quality of the community. Housing Element o) Major segments of the local housing market will be accommo dated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 4. This General Plan Amendment would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. 5. This General Plan Amendment density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a more extensive level than would otherwise be required by the project, and provision of complete turn-key neighborhood parks and partial community park infrastructure above that which would normally be required. 6. This Amendment will allow land uses in character with the subject property's location, access and constraints. 7. This Amendment will permit reasonable development of the property consistent with its constraints and compatible with adjacent properties and proposed development. 8. This General Plan Amendment permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety and welfare. 9. The proposed Amendment will not adversely affect surrounding property with respect to value or precedent. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Land Use Map be amended for the first time in calendar year 1989 to reflect General Plan Amendment 88-1 PASSED, APPROVED AND ADOPTED this 14th day of March, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Jim Winkler, Miiyor ATTEST: `APPROVED AS TO FORM AND LEGALITY: dri'a Bryning, Aaoh Harper City Attorney Deputy City Clerk (SEAL) TABLE 1 (FINDING #1 SP 88-1) SIGNIFICANT IMPACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. b) Visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts - substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off-site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service (USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of overriding considerations. d) Cultural Resources - substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation - Substantially lessened by the develop- ment of on-site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding Consideration. f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. j) Air Quality - substantially lessened by grading guidelines of the Plan and City ordinances for short-term impacts. Long-term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of Overriding Considerations. k) Energy Conservation - substantially lessened by design guidelines of the Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. EXHIBIT "A" EXHIBIT D .rs'� eon•�Y/ Plat LL=1 ..ten n •e 1� ;he Specific Plan shall be ef:eetiv• at such time as annexation of the project area to the City of 1,ake -Elsinore is approved by the City and the Local Agency Tormation Cossission and recorded. ?, A General Plan density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus cf' ,17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a mere axtansiv• level than would otherwise be required by the project, and provision o: Completa turn-key neighborhood parks and partial covnpnity park infrastructure above that which would no-_-Aally be required. The uevelopar shall convey all development rights of all prof• open space to the City to be retained in perpetuity and to insure provision of Railroad Canyon Road and parka as specified in this finding and specific Plan Condition of Approval. 7. The text of the draft Tinal Specific Plan shall ba revised to correct any typographical errors including,: Pace 8-55, under e.9f, rye a, It M 12 and Pace F_62, under 6.9.p, commercial Project Sicnace, Item X: Replace the terry "short-ter:" with the to e ' "terporL=y." t. T'je developer shall produce seven (7) espies of the Pint! Specific Plan plus an original camera-ready espy whir: sh=_l be delivered, to the city prior to the effective date of the rlan. r. 77e T-v___-per-tL1 _spz=: Re_c-r= s`_ll be p===_red in :':nt! in c=nXu_,tZt_on Vitt. Staff Witt seven 1" ) __ties P!:.- -'-e1 cane=a ezdy e=py delivered __ t!%e C=`. p -a as a _ve dz=e of the =lMn t= a) ce=t._ic__icn by city and =es==uses t_ ==.rents _M=Mw a_ t`_ City C=_..c_l hear_n s. _1st Of persons and agen=ifts -:en-_-= =t`er rev_sions -= mhe tax= =_=--- F_ry = -- r• \ E. X RL_lroa_ canv_n Road/San Jacin%O Rive_ revecettti=n przz-a- shall be reviewed and atp_aved !::v the City Plar.-irc Div isicn prier to app=Oval of cradi.. pe=it f-= RailrOa_ Canyon ROa:.. TeQera.1 and szzte wetlands ShLt 1 also ba apYrvved prior to trading. - he p=Or=� shall be i=plemented eon=_ =er.t Vitt C=nstr-L.0 iar to meet t.ha app=ovLl of tZe Development D__act:=. ;. A CGt_v:uwaod Creek _loodplain On pro==a: shall be inccrpa_ated as L . anti_icn of at.`.' c e Lf:acted tertative tract .map approval to be complied with prior to ^inal sap approval or trading pe rit (wtir-haver octets first) and whit: shall take p'ecadanca, :acuirinc revisions to the sap to comply With the proeran is neCessa-y. aplemertation shall be con a=rent wit!% and canst=_c-ion of :elated phase. -i4V-P9 Wills 1 s spe=___C k Stephens' kangaroo rat impaet sits atian prograx shwI 1 be incorporated as a condition each tents[ ve tract map approval and shall be complied vith prior to final map approval or gradinq permit, whichever occurs first. Implementation to compensate for habitat lose shall occur prior to grading parmits for occupied habitat on-sit&. g, A Cultural Resources survey of affected areas related to Railroad Canvon Road shall be evaluated and approved by the City prior to project grading. Presence of an archeologist or palsontologist ter on-vita evaluation and full ritigation is required should any rasoUrce be uncovered during construction. lo. k cultural resources mitigation program shall be incorporated as a condition of each affected tentative tract map approval to be complied with prior to final map approval or grading permit (whichever occurs first) and which shall take precedence, requiring revisions to the map to comply with the program it neeassary. ?hs program shall be based on site evaluations by qualified archeologists and historians to establish significance of each vita and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. 11. ,antative .:act Yaps shall indicate and provide for the base _load (100-year flood) within the existing eha.nnel and related facilities of the San Jacinto River"and Cottonwood Crack. x11 other flood areas shall be ;rovided with :ac_li--es to eonvev waters to t-haze channels which she__ be rev_i=ed to be i=plemenzad concurrent vi h construction of _elated p::asa subject to the approval of zhe Developee: = =i=ectc~ and the City Inginee=- 1f . Fl rt_ .c=-=es shall be deaf wed =0 it%ac_r=rate al_ a=-_e and local watt= eonservadion reeulations, su=jex= aY7=_va1 c_ the .-..ief Building, C_f_c_al. -- . A.11 s_=e-_'_--in7 shall '_n=c_-Pe=ate ZZAS des to _ _---te waste red_____.. and recycling to t-he extent feas�_1e, ed= to a approval of 'the C===,=_-y -Davala =ent � -. . crad_. C an:_ plans Sha_! in==- :_.-=e :.fie =eaSL=es lusteed in the`ZZ-T to redume and control a=.:S�-n xutj ec= to the approval of :.he C`.ie: Bt_ldin Clf 15. Developer shall provide fcr the paving of Eclland Road fc= two w eve« lanes frc= t.3e project bolandz_—v east to axis—I nz pavement, n he event that said i=p==v=ant has ...: previously been provided by Audio Xz�ephy Ran_.. Tie '—r=oveaes:- ahal_ meet the approval of the Ccusty Road Depa=`_=ent to partially xiticats p=ajeet rala_ad `a_fic —pacts as they O.C.=. 1£. A p=a==aa shall be implemented fe= three eonst;-union cf Railroad Canyon Road from I-15 to :ha north p=cjec= bounds-'. :he p_oq,=aa shall be subject to approval o: ;he Ca.-=unity Development Director and the City Znginee= p=ion to issuance of grading per-mits. :?se prog=aa shall provide :or the funding and start of construction o: Phase 1 e: � Railroad Canyon Road prior to issuance of the first building I pe=it: an lu ~.'see that =he `road ¢oast�r r:on shall ba HD Cn ::.:cam ,^„s SPecl._ic_ Plan ( 0J/_4 s: ) -- cozpleted in ►ny case no later than prior to Solrt occupancy paMit issuance within the project. Phase I of Railroad Canyon Road shall consist of a xi,nizus, of 110 feet of right-of-way, with full width grading and four (4) lanes of pavenar.t, of which at least two (2) lanes Nust be reopened to t-Lf:ic prior to occupying the 501st unit. The City will make its beat *!!arts to create a benefit district or similar program for Railroad Canyon Road which provides for an er,uitable sharing of costa behiseRlall Prionrtiss ahall within hot the City accessing the road. : apply to planning areas 2E and 33 which take principal access from Holland Road. Tha final design and ultimate improvements of Railroad Canyon Road shall be approved by the City Znginear and Conxunity Development Director prior to Tirst Phase Tentative Tract Map approval. Construction co ultimata jupprior final TantP to rzctilialanms a provalwidtof thell be ri,nLI ea�rpletad p_� P PP- Phase cf Specific Plan devalopuent. 1;. Library Impact Program shall be developed in consultation wit:: the City to off-sat Capital Costa to mitigata impacta of the project. :5. Developer shag, incorporate mitigation for isolated oak tree removal throughout the site into the Cottonwood Creek Reveceta.ion ProSrar. Such r_itigation shall. occur on a 10- replacement rLtia after individual trees have been evaluated • f w_ !b 1 l /• �rESe�'atiCn :GCS_.._-__y by the City i:, CcntL tut-On with the developer. -",.is pro=rx= shall be incorporated as a . ntiticn of each L:feeted :ftntative tract =Lp Lj.r=OvLl tC be co-==led with ,:ricr to final sap approval or gradir-C ae=r_i_ (whichever oc_zrs first} and Which thL3'_ take seceder=e re=___nc revisions to the rep to =_=;Iy with t_ti:G .c -i-• ?_.._e..___- t==art =ev,awec' in CC.-.S�1tL Via.~ w FLiverSS:G Dot _terra s-:2:jec= toac-_cvLl by aye Co.__--t�• Deve; _pnert _'_e____ Yam___ _.. Lrr_ ••� � r _-�__�E: in he L SCE`~LLSt LrL'e __=G StLtwcn' is -i=ely deliver".' Cc-=_—errs vi= de=and sert•_=es - _osed �< `.t,is L WL'.r• aad _ to=_ace deli and =XnIce.=en= Ls c_nveyed in the specific Plan and ether aeast:=es re. _re4 t_ aprr�rr_tteiy -ad- fire hL=_r= ::_s P====z= shall be reviewed and a:_r=Ved by bct.11 ..e Ci_t and Cc_--. =he Spe___i= =1az to include pr=visicn :== e �ulti•-iJte `✓ C___. ^^ the nC_`.-east coma= of the site to connect w:zt the Cottonwood Creak Corridor- Such CCr_i_cr be astLblished Llong a topograp.`.i=Llly acceptable `^cuts t o be date=ined by the city in consultation with Co•.:rtyPar)cs stt:: and developer, which may include County prop•—ias CII-site. Proti'isicn of a -rail cer 7ridcr does not !_�,ly cznstr•:=Zion or =icht to use ==Il such t=a as a rail F=a-rL= is l�.pleaerted. �_. ==Yr=vener.` plane including sever and water. BhLl: be a;prcved prior to the final =ap approval. v �rD1 CG. 22. Conceptual improvement plan necessary to mitigats the impact■ of increased stern run-off shall be provided by tha developer as determined by the City prior to final map approvals. 22, Developer shall negotiate to assist the schools in providing ad•gvats school facilities to serve the project in ♦ timely manner, which may include dedication of land ♦nd Improvements in lieu of :sea. In the event of failure to reach agreements prior to approval of Phase II tentative tract maps the City shall review the potential requirements of alternative measures by the developer to assist in the provision of facilities in a timely manner. 24. .,urn-key public parks shall be provided for Cottonwood Hills as :allows: A.. Developer shall deliver the land, infrastructure, and rough grading for 30.1 acres of developed part, lands , including, two (2) S.0 acre neighborhood parks and 20. 1 acres of eatamunity park. In addition, tha developer shall provide turn-key park improvements . for these developed parks per approval of the CoMmunity Services Diree=or, not to exceed a total of 1.5 million dollars (1569 dollars adjusted by the annual Engineers Hews Record index to the years in which pe:Y.s eonstr.uczion Occ_rs) b. Developer shall also deliver 12.0 ages of passive part; deveie;.nEnt in cludin; the 4.4 acres of parkway park and the 7. 6 acres of passive park Lraa with4n the ec_uat=y ~ .._=act for pre;ressive i-creases in p=li=t ` - SG�•L•�=CS•'_.._= the General rued or City-wide SaVVi-es =iE==ram= C� Siri1L=- p_cvide an ade�.:a=a�level Ct servi=fts. ^~e deVe'_oaer s::L11 pa�ictpate in any Gi=y angst t_ :,:;areLse levels c_ service =.rcu_~ develcpwar.= cf a C_ty-vi:e 5 Developer sha,11 dedicz=e open space as described in *.e Spec:••r 71a- == rt vita related tentative pact maps, Ci= --s:1i_1 develop manaoemer.= plans a ::ixu=a prase.-_-%•a=icn cf :L=__L_ values and przZacmi=n 4f EafE:V. Devel=per shall dedicate ecnsewation eas:enents tc the City _a_ rr_va=e =pan space as specified i- %h a specific alLn p =D !_.ZLI Lap L�.rrCYa1S. Operation and Aain=ena.-.=E cf ^==aC=:: - t.% ~ e s=LCE 11L� h �=L= sL'_1 be provided ramug.. tile Co=tcnvo== and Open space Y.air.=ananae Distr:=t tc be BEd �ywt_h. •,;.evalC?ft ccn;-_*rrant vi=.: «'7a1 =Lp approvals. 27. _:se Develops=, a= the apprcr=-ate related phases, shall be =es.Monsi_le t_ provide a rE-evaluation of prcjeet relate c_=-site raf.ic iz--pacts increases over =he presen= xm..e pre j eetio:ss; and provide m;._icatior. neavures to -`a satisfaction Of tha City F.-cineer i_ =ee.:i=ed. M%e Developer's fl:sanc:al cent=ibLticn to Railroad Canyon Road, Ca=tZnWood Canyon Road, Cottonwood Hills Road, Last Road Lrd Holland Road, both on-sits and otf-site shall not exceed that rec'.:i- by the City's ansportation Xitigatic. Fee Procra= except that the developer in any went shall fully coils=-_ct said road improvements vit-hin the specific Plan boundaries and participate in the Railroad Canyon Road 1.ssess»e.^.= District as dete»-.fined by the City Znrinear. 2 E. D-- D ^--•:on:socc , z s Spec_--c ?Ian ( 03/14/29 ) 29. The davalopNOnt of the Specific Plan shall seat the following conditions regarding fire protection: a. all water gains and fire hydrants providing required :ire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or 546, subject to the approval by the Aiverside County Fire Department. b. all buildings shall be constticted with fire retardant roofinq material as described in section 320� of the Uni.1oxir Building code. Any wODa shingles or shakes shall have a Class "E" rating and shall be approved by the Fire Department prior to installation. c. A Homeowners Association c•. Community Service District shall be responsible for the ,maintenanea of all cormon open space areas. To ir.eu=e -hat fuel modification areas are maintained and that annual vegatation is removed consistent with current fire prote=-ion standards, prior to the occupancy of more than ":ty percent (50%) Of the units adjoining an open. individual space area, the appropriate agency shall prepare and submit to the Fire Department fc: review a five (5) ,year =aintenance plan to include specific rGeomL,endations for =aintanance Of Various areas. d. The existing County Fire stations will be capable of providing coverage for the area along Railroad CLnvo7 Road and apprOxirately 2/4 Of a =ile south Llan; cottonwood Canyon Road. Tha:eto=e, Prior south as development beyond Phase 1 cr the Open Phase north c: Rt_l_oad Canyon Road (Street "A") , a site zhi have be selected :fear :-15 and Railroad can-or. a :i e station sha'__ have been cons:rua=ed and be ope_Lt_a: e. nite^L=G Or Se=DndL--v ac=ass will be recce ed __-s==z=t cn beyond Phase 1 =he exzans4�- CC=tc:swoge Canyon Road to Holland Road and ato a .czzu:.=y =L:n=Lined :Dad shL�- be =ain'tzined -`. L� L_l-weate_ _ivea:.le ccZ_itian _=_ any bevend Phase 1. ^.`.a text c_ the Final s=e=_:'_- plan shall be =ev_sed as h _ve :rate cf M.�-.e -i -F� G.G. D cc t t=nWocd i3?5 Spe_i 03/1,/E 9) �- K:T:GkrION MONITORING rxWQXA.M sprc:rIC PLx)i •i-1 SIG� rT'r�G�•xT!ON Z1QK"'.OP_TNC . l Riparian Railroad canyon Road/San rederal and State L Site Jacinto River Revageta- Permit. City ap- Lion Program proval prior to gradinq permits for Railroad Canyon Road. Implamen- tation concurrent vith construction. rinal inspection by City staff prior to 2. Riparian • Cottonwood Creek rloodplain Incorporation as a on-Site modification and ravagatation eandition of such program. :his program shall &;!acted tentative be incorporated as a Bondi- tract map. City, tion of each aflacLed tenta- Tadaral and State tive tract nap approval to be permit approval and corplied with prior to final irplementation prior nap approval or grading pe=i; to grading of re- (whichever occurs fizst) and sated phase. Tina! which shall take precedence inspection by City ree.:'r:ng revisicns to the map staff rricr to to comply with the ;.rnyram :f CC=ificate o_ hecesszr�•. Cc-_pan=y of each :elated phase. 5-e^he s ' + :nte_i= ha.ita_ e:nse=✓zc.. Inter'_.= ?ltn Lr- kL--rr_c , lan a be ;dor_ed. :J.S. r_cvL1 bS , zr%- wildlife Ser -=e =-_cr ,c :•en_alive L^ rDYa! c_ ttr..- plan. Map ap==cva s. C_-.•, �r Federal Ln=/cr State e--r=vLl and --'z- +. _'_-rL! ,'� gc�eV of affeL fed areas Condition Cf nos aides related to Ra_1_and Canyon Yradi--.; pe W-= -site Road shall be evaluated by approval lc= t.e city prior to Project Railroad canny or. crad:.nq. Presence of an Road. ar=heolo54-st or palsontalo- g st for on-site evaluation and _sill miticatior, should Lnv ramo r=e be uncovered du:-4 nq cc-Istruction. S. �.:2,=raI * A cuit-ral resources =4 ti ca- Developer to drat Reaour=es tion progrz=. This prograz~ a pro_ran as a on-Site shall be ineo�orated as a condition of Tenta- eo:sdition of each affected Live :tact Hap. tentative tact map approval City approval and to be ;cnplisd vLt-h prior to iaTlementation price final map approval or grading to Trading, cf ra- Pe_it (wrichever occurs first) laced area. and wr-;C-h shall take precedence reayirinq revisions to the map .o c=m_ly with t.►a program• if 20 D- • necessary. The prograw *hall be based on site evaluations by qualified archeologists and historians to establish signi- ficance of each site and a detailed plan for appropriate mitigation. 6. rlood • Tentative Tract Maps shall Improvemant plan Hazard provide for the base flood approval prior to (100-year :lOod) within, the final sap approval existing channel and related Implementation eor facilities of the San Jacinto current with con- River and Cottonwood Creak. struetion Of the All other flood areas shall related phase. be provided with laeilities rinal inspection by to convey waters to these City prior release channels. of bonds. 7. Water Con- All structures shall be Compliance at servation designed to incorporate all building Permit state and local regulations. Plan Check. Imple- mentation concurrent with construction, subject to .final inspection by City. E. Recycl_ng All site-planning shall in- Desi;n Review :e- cerporata measures to promote quirement by City, waste reduction and recycling, Implementation cCn- to the extent feasible. =r ert with con- st=uction, Subject to inspeC_-„- by City. f `_cs:_n Oradi• _ an'? .Cnst_ c_icn tans Cradi ?l - Y c ahal= --C__�~_te t_ha measL=e:s by City 1- _e- listed :--the :,-A to reduce nemtatiC- earl and Cont=C1 a=Csio- potential. With +a... __. -__==-__-•• Deve=cpe= shall :rovide :c= the A^-rcVals pa— Cf zzvin= Cf Holland Road =C= two related -.act -r9 _aval 1Lnes _ the r=Zje^ Holland and east to pave- Rb_I=.'dad CanvC.; be.^._ to =new .he z;:;::OVati C► Road. :L=;rzveSe::rS. the County Road Dept=^.aert to Z-praveaer_ Plans pa—:ally miti=ate r_Cject re- :or Holland Read laced :_a___C Z=%Z=tS as 'they O__-S-tG t- Ca,...-ty ==pacts on Cottonvood Road DePL—=en_ . C=eek Road and Last Road, al- -=e-- «houch potentially sig•r._ficar with P=cject••t__:f=- a=e not: pr=posed for ai=+ceticn '_pacts. bevondthe on-site i-pr=verge ;ts provided fc= in the Specific ?lan. A Program_ shall be 'splemented P=or=a, approval fc= the construction of Rai;- by city pr:o_ to =oat Canyon Road :_or. 1-15 to first phase !in&l the nor'zh project boundary. z act map and i=pl amenta tion prior to 46'jance of f--•st bt:ildi2 5 pe=it of final development phase (at a All i:p.ovement Plans ■uhjeet to City apr=OVL1. PC CO ZnWDC: _ 's 11. Library . Library Impart program shall Approval by City prior to final Ma Impacts be developed in consultation approval. `mple-p with the City to off-set mentation concurrent • capital Costs to mitigate eu Oc anc impacts of the project. With with Occupancy y Permts 12. Isolated Developer shall incorporate Approval by City oak -roe mitigation for isolated oak prior to final nap Removal tree removal throughout the approvals in eon- site into the Cottonwood Creek junction With grad- pavegetation Program. Such ing plan review. aitigation shall occur an a 10:1 replacement ratio after Zmplementation con- individual tress have been current With con- evaluated for preservation construction. Tinal feasibility by the city in inspection prior to consultation Witt the devel- occupancy. oper. l3. Fire • A Tire Proteetian •Impact Approval of Program Service kitigation Program shall be by city prior to and reviewed in consultation with first phase tents- Hazard Riverside county Fire Depart taws tract: map. =ant and shall include: L. Proportional partieipa- Implementation Lion in the establishment concurrent With of a southeast area :ire' development. Finsl station and a mechanism inspection prier to for its timely delivery Occupancy. concurrent vith demand :cr services irposed by iiildlen= interface desic.n and .nanagenent as conveyed _n the Spacs_ic Plan. and c-thar measures required -= aprrcpriately L-Z u=e =:re hazL=-_�. 7.114-5 Pr=C-a: s&ll be reviewed and approved by bcmh toe City and Cc•.:rty. =a=_s Spe___i^ Plan to in=lurie C_ty aCpr:va_ -_ =0v ision C= a Mullt--else ?r-w=aw ;:r:.0_ -- =Li1 CC..=-dam :=== the ncr h- inLI «ate ar=__:als. east ccrne= of _tee size to . connect With the _o--= r%WOo= Creek Ccr-idc= Such crrrider s�:all be established along a „cpaarapnically aceegtabse route to be date—fined by the arty in cznsujtaticn with county Parks stall and cevelcper. 15. Sever 'mprovement plans, including City approval Y=-c_ sewer end Water, shall be tO tinLl zLC approved prior to the !-,-I recordation. r-Lp aprr Oval. men=` tion vim...♦ constn.cticn. Final inspecticn prior to cc=:pancv of related prase. 16. Stz _ conceptual improvement plan City approval prior Drainage necessary to aiticate the to final zap i�paets _n=reesftd of stc M recordation.. Z=ple- / L'.��Lio' sL . Cc�==nwand r.1-1 s Spec_14c Plan (03/?4/5O) D- run-off shall be provided by sentation concurrent the developer as determined with construction. by the City prior to final rinal inspection sap approvals, prior to occupancy of related phase. 17. Schools • Developer shall negotiate City approval of assistance to the schools agreements or in providing adequate school potential altarna- facilities to serva the tive seasura prior project in a timely manner to Phaee :I tanta- vhieh may include dedication t:va tract saps. of land and improvements in lieu of fees. in the event implementation of failure to reach agree- concurrent With ments prior to approval of development by Phase II tentative tract phases. naps the City shall review the potential req%.irements of alternative aetsuras by the developer to assist in the provision of. facilities in a timely mannar. 16. parks • Developer shall deliver city approval of complete turn-key park parks development facilities to meet provi- plans Concurrent siors of Condition of With related tract Approval 124 for dedice- Maps- Isplemerta- ion of land and level, of Lion ecnc;:rrant i=provexer.ts as approved With related tract by the Co-rur.ity Develop- develepment. Con- ne Zi=ect_. . pletie n prior to occupancies cf related tracts. : a City shall a=n= act .__ xr;=vv&I �. pr==ressive :==eases star r_. = rr== =htr=-- Gene=al -und Cr City-wide p=ovide an adec_ate level of ser i=es. --. =e- =:ate - Devel_me.7 shall dedicate Ded'_c____ns omen space as described �,i;al "Lc Spe__-4" 71Ln. L'-t}' =Z=S. shall develop aanaCe=Mnt plans t= _assure ;.=eser_Va_:=n C^tv Plan cf .`,a==tat values and - - - - te::Z_4=n cf purl Sate=V. Mppr=vL_s. -. Developer shall dedicate = nse-vat:on easements to t.:e City f== private open s=ace as specified in t.9e G cc__cnwcoc �'__s Sze c_:_c ?1an (03/14/Se) 1 EXHIBIT 'E' 2 ADDENDUM RE: IMPLEMENTATION OF CONDITIONS 3 4 Set forth below are provisions regarding construction and 5 financing of public improvements made a part of the Cottonwood 6 Hills Development Agreement: 7 8 I . RAILROAD CANYON ROAD 9 I.A The Railroad Canyon Road Benefit Reimbursement District 10 ordinance was approved by the City Council of Lake Elsinore on 11 December 26, 1989, and established a program to implement cost 12 sharing and construction of Railroad Canyon Road from I-15 to the 13 north project boundary. Developer shall be obligated to act as 14 the City's agent in implementing the City's construction program 15 for Phase> I of said improvements. Phase I of Railroad Canyon 16 Road shall consist of a minimum of 110 feet of right-of-way, wit-,. 17 full width grading and 4 lanes of pavement. 18 19 I.B The City shall maintain in effect the Railroad Canyon 20 Road Benefit Reimbursement District Ordinance and shall continue 21 to make reimbursements as set forth in said program and in that 22 certain agreement between the City and Developer entitled 23 "Railroad Canyon Road Reimbursement Agreement" and subsequent 24 amendments thereto. 25 26 i . 0 In conjunction with the timing of the Phase I of 27 Railroad Canyon Road, the Developer shall not seek, nor shall th- 28 City issue any building permits within Cottonwood Hills until 002P3BDA.010 1 [5-9-901 1 said construction has commenced on Phase I of Railroad Canyon 2 Road; further, Phase I road construction shall be completed prior 3 to the issuance of the 501st occupancy permit within the 4 Cottonwood Hills project. 5 6 I.D Upon completion of improvements to Phase I of Railroad 7 Canyon Road by Developer, acting as agent to the City, and upon 8 final inspection of said improvements by City Engineer, City shall 9 accept said improvements for use and maintenance and assume 10 responsibility for same. 11 12 I .E Inasmuch as the City's Railroad Canyon Road Benefit 13 Reimbursements District Ordinance will not generate sufficient 14 funds to permit construction of the Phase I improvements in a 15, timely manner, Developer shall advance funds for design and 16 construction of Phase I of the city's program. The amount which 17 Developer advances (i.e. , funds advanced in excess of funds 18 reimbursed to Developer by the Railroad Canyon Road Benefit 19 Reimbursement District Ordinance) , shall not exceed $9, 000, 000. 20 21 II. OTHER PRINCIPAL ROADS 22 23 II.A Developer shall improve the onsite portions of 24 Cottonwood Hills Road, Lost Road and Cottonwood Canyon Road, in 25 accordance with the requirements contained in Chapter Seven of 26 the Specific Plan and in accordance with the phasing provisions 27 contained in Chapter Nine of said Specific Plan. 28 002P3BDA.010 2 (5-9-901 1 II.B Developer shall improve, if deemed necessary, offsite 2 road improvements in accordance with Item Nos. 15 and 27 of the 3 conditions of approval of the Cottonwood Hills Specific Plan, 4 subject to the conditions and limitations contained therein. 5 6 II. 0 Upon completion of improvements to the facilities 7 described in II.A and II.B above and upon final inspection of 8 said improvements for use and maintenance and assume 9 responsibility for same. 10 11 III .A Inasmuch as the total costs to Developer to construct 12 Railroad Canyon Road, Cottonwood Hills Road, Cottonwood Canyon 13 Road, Lost Road and Holland Road exceeds $18, 000, 000; and whereas 14 the total estimated "City Traffic Impact Fee" which would 15 otherwise be paid by Developer is estimated to be $6, 000, 000 16 (based on the current fee rate of $1, 050 on every multiple-family 17 unit, $1, 500 for every single-family unit, and $19,750 per acre 18 on every non-residential land use) , the City acknowledges that 19 due to its requirements for completion of these roads, Cottonwood 20 Hills shall be exempt from the "Traffic Impact Fee". Because a 21 substantial portion of the facilities are being constructed in 22 advance of fees being paid, this initial excess investment is 23 recognized to offset any future increases in fees. 24 25 III. B By virtue of Cottonwood Hills' participation in the 26 road improvement projects described in III.A above, Cottonwood 27 Hills is exempted from participation in any future City-wide, 28 subregional, or equivalent road improvement program or freeway CO MBDA.010 3 [5-9-90] 1 interchange improvement program except for improvements contained 2 in the Railroad Canyon Road Benefit Reimbursement District 3 Ordinance. 4 5 IV. OPEN SPACE 6 7 IV.A Public natural open space and naturalized open space 8 including fuel modification areas as designated in the Specific 9 Plan shall be deeded in fee to the City for ownership, use, and 10 maintenance and accepted by the City for said purposes. Said 11 areas shall be maintained by a new Cottonwood Hills Open Space 12 Maintenance District or equivalent, which will be formed either 13 as a new separate district created by the City or as a sub- 14 district of the existing City-Wide Landscaping and Street Lighting 15 District. Developer shall cooperate with the City in creating 16 said new district or sub-district over the project. 17 18 IV. B Parkways and medians within "principal public streets" 19 rights-of-way, plus expanded parkways within planning units 20 abutting principal public streets, as well as Railroad Canyon 21 Road, shall be improved by Developer as described in the Specific 22 Plan. "Principal public streets" for purposes of this section 23 are defined as Cottonwood Hills Road, Holland Road, Cottonwood 24 Canyon Road, Lost Road, and Cottonwood Hills Road, all within the 25 limits of the Specific Plan area. Upon completion of landscaping 26 improvements, the City shall accept said improvements for use and 27 maintenance. Thereafter, maintenance shall be assumed by the new 28 002P3$DA.010 4 [5-9-90) 1 Cottonwood Hills Open Space Maintenance District, or equivalent, 2 as defined in Paragraph IV.A. 3 4 V. PARKS 5 6 V.A In addition to open space discussed in Paragraph IV 7 above, the development shall include four park sites as set forth 8 in the Specific Plan; two 5-acre Neighborhood Parks designated 9 Planning Unit (P.U. ) 7 and 27, one 27.7 acre Community Park 10 designated P.U. 18, and one 4.4 acre Parkway Park. Dedication 11 and development of the four park sites shall be in accordance 12 with the following: 13 14 (a) Developer shall dedicate all four park sites to the 15 - City in fee. Dedication of each park shall be made 16 prior to occupancy of the first dwelling unit within 17 the respective phase in which each park is located, or 18 at an alternative time as mutually agree in writing. 19 (b) Developer shall rough grade all four park sites to 20 provide developable pads in accordance with guidelines .21 contained in the Specific Plan. Timing for the grading 22 of the parks may be either before or after dedication 23 of the land, but shall be no later than occupancy of 24 the first dwelling unit within the respective phase in 25 which each park is located unless otherwise mutually 26 agreed in writing. It is intended that the timing for 27 grading of the park site to coincide with the grading 26 of the adjoining planning unit. 002MDA.010 5 (5-9-901 1 (c) Developer shall construct at no charge to City all 2 street improvements of any frontage streets adjoining 3 all four parks, including sewer and water connections, 4 storm drainage, electrical power, street lights, curbs, 5 sidewalks and paving. The timing of the street 6 improvements shall be coincident with the improvements 7 to the planning unit immediately adjacent to the park, 8 but no later than occupancy of the first unit within 9 the respective phase in which each park is located, or 10 at an alternative time as mutually agreed in writing. 11 (d) Developer shall construct all infrastructure facilities, 12 including arterial and major streets, trunk sewer, water 13 reservoirs and transmission mains and pumps, major 14 drainage systems and other backbone facilities which 15 support the park sites. The City shall not be charged 16 for any portion of those infrastructure costs which 17 might otherwise be considered applicable to the park 18 sites. 19 (e) Developer shall construct on-site park improvements and 20 landscaping in accordance with the guidelines contained 21 within the Specific Plan and to standards acceptable to 22 City per the development program described below. 23 Installation of improvements and landscaping for the 24 Neighborhood Park within Phase I shall be completed no 25 later than occupancy of the 300th unit within the 26 Specific Plan, and the remainder of the parks shall be 27 completed no later than occupancy of the thirtieth 28 (30th) dwelling unit within the phase in which each of 002P3BDA.010 6 (5-9-90) 1 the subsequent parks is located, or at an alternative 2 time as mutually agreed in writing. 3 V.B Park Development Program: 4 (a) Developer shall improve and landscape the two 5. 0 acre 5 Neighborhood parks designated Planning Units 7 and 27 . 6 For purposes of this section, "development cost" shall 7 include all landscaping, irrigation, equipment and other 8 construction costs, reasonable design and construction 9 survey expenses, plus City inspection fees or other 10 special fees related to the park development. Developer 11 will not be required to expend more than $450, 000 in 12 development costs for each park. 13 (b) Developer shall improve and landscape a portion of the 14 27 .7 acre Community Park designated Planning Unit 18 . 15 _ Developer will not be required to expend more than 16 $600, 000 in development costs for this park. 17 (c) Developer shall provide creek enhancement improvements, 18 including fine grading, landscaping, irrigation, and 19 other measures, to the westerly 7. 6 acres of the 27.7 20 acre Community Park designated in the Specific Plan as 21 Cottonwood Creek Riparian Area. Developer will not be 22 required to expend more than $150 , 000 in development 23 costs for this area. 24 (d) Developer shall provide creek enhancement improvements 25 including fine grading, landscaping, irrigation, and 26 other measures, to the 4.4 acre Parkway Park designated I 27 Planning Unit 17. Developer will not be required to i 28 COMBDA.010 7 I [5-9-901 1 expend more than $85, 000 in development costs for this 2 area. 3 (e) In all instances costs associated with park improvements 4 noted in Paragraphs V.B (a) through (d) above are 1990 5 dollars and shall be adjusted annually in accordance 6 with the Engineering News Record Construction Index 7 - until the year in which onsite improvement park 8 construction commences on each park. 9 10 V.0 As a result of providing parks as described in Section 11 IV above the Developer shall be exempt from paying all City Park 12 Fees. 13 14 VI. Developer shall have the right to negotiate an agreement 15 with a cable television company. City will cooperate to aid 16 Developer to become a party to an agreement with a cable 17 television company, and will grant the appropriate franchises to 18 the cable television company selected by Developer. 19 20 VII. City currently has a storm drain capital improvement fee or 21 downstream runoff mitigation fee. The limit of fees for such 22 improvements shall be $0. 02 (two cents) per square foot of area 23 of developable lots. Developer shall have the election to 24 construct an appropriate storm drain system to protect the 25 Property and to provide for outflow to existing natural water 26 courses in lieu of paying any capital improvement or downstream 27 runoff mitigation fee. 28 002P3BDA.010 8 (5-9-901 1 VIII. Developer is not responsible for any improvements to, or 2 maintenance of, trail corridors that may be described in the 3 Specific Plan. Provision of a trail corridor doe not imply 4 construction or right to use until such time as a trail program 5 is implemented by the City. 6 7 IX.A The existing City Fire Stations will be capable of 8 providing coverage for the area along Railroad Canyon Road and 9 approximately 3/4 of a mile south along Cottonwood Hills Road. 10 Therefore, prior to issuance of any building permits beyond Phase 11 I or the Open Phase lying north of Railroad Canyon Road, a site 12 shall have been selected by the City east of I-15 and a fire 13 station shall have been constructed and be in operation. 14 15 IX.B The maximum fee payable to City for fire protection 16 services and facilities shall be $150 per unit for residential 17 units, or $0. 15 (15 cents) per square foot for commercial building , 18 areas. In lieu of paying such fees, Developer may elect to enter 19 into an agreement with the City, or with other developers and the 20 City, to establish a Fire Protection District which would provide 21 for fire station facilities and equipment capable of providing 22 services to the Cottonwood Hills development in its entirety as 23 set forth in Paragraph IX.A. above. Developer will not be 24 required to expend more than $750, 000 in participation for the 25 aforementioned Fire Protection District. Participation in the 26 Fire Protection District to construct said fire station shall 27 constitute the entire obligation of Developer with respect to 28 provision of facilities and will relieve all future residential, 002P3BDA.010 9 [5-9-901 i 1 commercial and institutional development from obligation for fire 2 protection fees. 3 4 X. The City shall contract for a progressive increase in police 5 services from the General Fund or City-wide Services District or 6 similar to provide an adequate level of service to the Specific 7 Plan area. This Agreement shall not preclude City from imposing 8 a special police impact fee, provided said fee is imposed 9 Citywide. 10 11 XI. In the event mitigation is required for possible impact on 12 the Kangaroo Rat species habitat, Developer shall pay to City, or 13 to any district established for the purpose of a Kangaroo Rat 14 Mitigation Program, as a mitigation fee towards that program. 15 Said fee shall be based on the area shall be based upon the 16 ordinance in effect at the time of issuance of building permits. 17 18 XII . Developer shall pay to the City in conjunction with each 19 building permit a fee of $150 per residential dwelling unit as 20 full mitigation for the impacts of the project upon library 21 services. 22 23 XIII. Except as expressly set forth herein, Developer shall not 24 be responsible for any development impact fees, except a fee for 25 costs of providing a service, other than fire protection, which 26 fee is applied and charged throughout the City. No such fee may 27 28 002P3BDA.010 10 [5-9-901 I 1 be charged to Developer for costs related to capital facilities 2 or infrastructure. No fee described herein shall be increased 3 except as provided in this Agreement. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 002P3BDA.010 1 1 i (5-9-901 ORDINANCE NO. 892 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. 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 Rialto Development Corporation on April 4, 1990, 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 April 24, 1990, and found that (1) the Development Agreement is consistent with the City' s General Plan and the Ramsgate Specific Plan and (2) the previously certified environmental impact report prepared for the Ramsgate 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 Rialto Development Corporation, 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 22nd day of May, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER PASSED, APPROVED AND ADOPTED this 12th day of June, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMIIY: UEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: N014E ABSTENTIONS: COUNCILMEMBERS: W JKLER c Ga M. Washburn, Mayor i y of Lake Elsinore ATTEST: Vicki Lyn Lynrfe, K«sad, City Clerk City of Lalte Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: e k �,� John R. arp r City Attorney City of Lake E sinore t STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS : CITY OF LAKE ELSINORE ) i I, Vicki Lynne Kasad, City Clerk of -the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 22 , 1990, and had its second reading on June 12 , 1990 and was passed by the following vote: AYES : COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER r VICKI LYNN KASAD, CITY CLERK CITY OF LA 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. 892 of said Council, and that the same has not been amended or repealed. DATED: June 12 , 1990 VICKI LYNNE SAD, CITY CLER CITY OF LAK ELSINORE (SEAL) RECORDING REQUESTED BY AND CITY OF LAKE ELSINORE WHEN RECORDED MAIL TO: REVISION 5/1/90 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE i AND i RIALTO DEVELOPMENT CORPORATION, which does I business as LD JOHNSON COMPANIES i FOR RAMSGATE DATED: i 1 TABLE OF CONTENTS Page 2 3 1. PARTIES AND DATE . . . . . . . . . . . . . . . . . . . . 1 4 2 . DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . 1 5 3 . RECITALS . . . . . . . . . . . . . . . . . . . . . . . . 3 ' 6 3 . 1 Property . . . . . . . . . . . . . . . . . . . . . 3 7 3 . 2 Legal Authority . . . . . . . . . . . . . . . . . . . 3 8 3 . 3 . Consistency Finding . . . . . . . . . . . . . . . 4 9 3 .4 Status of Project . . . . . . . . . . . . . . . . . 4 10 3 . 5 Consideration . . . . . . . . . . . . . . . . . 4 11 4 . DEVELOPER PROVIDED AMENITIES . . . . . . . . 6 12 4 . 1 Description of Amenities . . . . . . . . . . . . 6 13 4 . 1. 1 Development Agreement Fee . . . . . . . . . 6 14 4 . 1. 2 Feasibility Study . . . . . . . . . . . . . 7 15 4 . 1. 3 Sales Tax Situs . . . . . . . . . . . . . . 7 16 4 . 1. 4 School Site . . . . . . . . . . . . . . . . 7 17 4 . 1. 5 Park Site . . . . . . . . . . . . . . . . . 8 18 4 . 1. 6 Affordable Housing . . . . . . . . . . . 11 19 5. DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . 11 20 5 . 1 Schedulin . . . . . . . . . . . . . . . . . . . . . 11 21 5. 2 Periodic Review . . . . . . . . . . . . . . . . . . 12 22 23 5 . 3 Certification of -Completion Completio . . . . . . . . . . . . 12 6 . VESTED RIGHT . . . . . . . . . . . . . . . . . . . . . . . 13 24 25 6. 1 Vesting . . . . . . . . . . . . . . . . . . . . . . 13 6. 1. 1 No Conflicting Enactments . . . . . . . . . 13 26 6. 1. 2 Intent of Parties . . . . . . . . . . . . . 13 27 6. 1. 3 Grading . . . . . . . . . . . . . . . . . . 14 28 i i 1 7 . GENERAL DEVELOPMENT OF THE PROJECT . . . . . . . . . . 15 2 7 . 1 Project . . . . . . . . . . . . . . . . . . . . . 15 i 3 7. 2 Effect of Agreement on Land Use Re ulations . . 15 4 7 . 3 Operating Memoranda and Amendments . . . . . . . . 16 5 7. 3 . 1 Alteration of Permitted Uses . . . . . . . . 17 6 7 . 3 . 2 Increase in Density or Intensity . . . . . . 17 7 7 . 3 . 3 Increase in Height and size . . . . . . . . 17 8 7 . 3 . 4 Deletion of Reservation Requirements . . . . 17 I 9 7. 3 . 5 Supplemental Environmental. Review . . . . . 17 10 8 . RULES, _REGULATIONS AND OFFICIAL POLICIES . . . . . . . . 17 11 8 . 1 New Rules . . . . . . . . . . . . . . . . . . . . 17 12 8 . 1. 1 Processing Fees . . . . . . . . . . . . . . 17 13 8 . 1. 2 Procedural Regulations . . . . . . . . . . . 18 14 8 . 1. 3 Regulations Governing Construction 15 Standards . . . . . . . . . . . . . . . . 18 16 8. 1. 4 Nonconflicting Regulations . . . . . . . . . 18 17 8 . 1. 5 Certain Conflicting Regulations . . . . . . 18 18 8 . 2 Subsequent Actions and Approvals . . . . . . . . . 18 19 8 . 3 State and Federal Laws . . . . . . . . . . . . . . 18 20 8 . 4 Police Power and Taxing-Power . . . . . . . . . . 19 21 8 . 5 Life of Subdivision or Parcel -Maps . . . . . . . . 19 22 9 . COOPERATION AND COVENANT OF FURTHER ASSURANCES . . . . . 19 23 9 . 1 Third Party Actions . . . . . . . . . . . . . . . . 19 24 9 . 2 Further Assurances . . . . . . . . . . . . . 20 25 9. 3 Processing . . . . . . . . . . . . . . . . . . . . 20 26 9 . 3 . 1 Schedulin 21 27 9 . 3 . 2 Processing . . . . . . . . . . . . . . . . . 21 28 9. 4 Other Governmental Permits . . . . . . . . . . . . 21 ii I 1 9 . 5 Financing of Public Facilities and/or Services 22 2 9 . 6 Utilities Coordination . . . • • . . . . . . . . . 24 f 3 9 . 7 Covenant of Good Faith and Fair Dealing 24 4 9. 8 Stephens Kan aroo Rat . . . . . . . . . . . . . . 24 5 9 .9 Highway 74 Realignment 6 10. PERMITTED DELAYS . . . • • . 25• • . . . . • . • 7 11. ESTOPPEL CERTIFICATES . . . . . . . . . . . . . . . . . 26 8 12 . RECORDATION BY CITY CLERK 26 9 13 . DEFAULT . . . . . . . . . . . . . . 26 10 13 . 1 Events of Default . . . . . . 26 . . . . . . . . . . 11 13 . 2 Remedies . . . . . . . . . . . . . . . 27 12 13 . 3 No Waiver . . . . . . . . . . . . . . . . . . 27 13 13 .4 Effect of Termination . . . . . . . . . . . . . . 28 14 14 . INCORPORATION BY REFERENCE . 28 . . . . . . . . . . . . . 15 14 . 1 Recitals . . . . . . . . . . . . . . . . . . . . 28 16 14 . 2 Exhibits . . . . . . 28 17 15. APPLICABLE LAW . . . . . . . . . . . . . 29 181 16. NO JOINT VENTURE PARTNERSHIP OR THIRD PARTY 19 BENEFICIARY . . . . . . . . . . . . . . . . . . . . . . 29 20 1.7 . ADDRESSES FOR NOTICES . . . . . . . . . . . . . . . . • 29 21 18 . COVENANTS RUNNING WITH THE LAND . . . . . . . . . . . . 30 22 19 . CONSISTENCY FINDING . . . . . . . . . . . . . . . 31 23 20. TERMS AND CONSTRUCTION . . . . . . . . . . . . . . . . . 31 24 20 . 1 Severability . . . . 31 . . 25 20. 2 Entire Agreement . . . . . . . . . . . . . . . . . 31 26 20. 3 Signature Pages . . . . . . . . . . . . . . . . . 32 27 20. 4 Time . . . . . . . . . . . . . . . . . . . . . . . 32 28 21. CONSENT OF OTHER PARTIES . 32 . . . . . . . . . . . . . i 1 22 . ASSIGNMENT AND NOTICE . . . . . . . . . . . . . . . . . 32 2 23 . ENCUMBRANCES AND RELEASES ON REAL PROPERTY . . . . . . . 33 i 3 23 . 1 Discretion to Encumber . . . . . . . . . . . . . . 33 4 23 .2 Entitlement to Written Notice of Default . . . . . 34 5 23 . 3 Property Subject to Pro Rata Claims . . . . . . . 34 6 23 .4 Releases . . . . . . . . . . . . . . . . . . . . . 34 7 24 . CONSTRUCTION, NUMBER AND GENDER . . . . . . . . . . . . 34 8 25. INSTITUTION OF LEGAL ACTION . . . . . . . . . . . . . . 35 9 26. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 35 10 26. 1 Compensation Insurance . . . . . . . . . . . . . . 36 11 26. 2 Public Liability and Property Damage Insurance 37 12 SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 NOTARY ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . 38 14 EXHIBIT "A" - Property 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iv i I DEVELOPMENT AGREEMENT BETWEEN 2 THE CITY OF LAKE ELSINORE 3 AND RIALTO DEVELOPMENT CORPORATION, which does 4 business as LD JOHNSON COMPANIES FOR 5 RAMSGATE 6 7 1. PARTIES AND DATE 8 The parties to this Development Agreement ("Agreement") are 9 the City of Lake Elsinore, California, a municipal corporation 10 ("City") , and Rialto Development Corporation, a Texas 11 corporation, which does business as LD Johnson Companies, 12 ("Developer") . The project to which this Agreement applies is 13 commonly known as Ramsgate. This Agreement is made and entered 14 into on C� 1990. l 15 16 2 . DEFINITIONS 17 2 . 1 "Agreement" means this Development Agreement. 18 2 . 2 "DU/Acre" means dwelling unit per acre. 19 2 . 3 "CEQA" means the California Environmental Quality Act 20 of 1970 (California Public Resources Code Section 21000 et-sett. ) 21 and the state CEQA Guidelines (California Code of Regulations, 22 Title 14 , Section 15000 et sect. ) . 23 2 . 4 "City" mean the City of Lake Elsinore, including its 24 officials, officers, employees, commissions, committees and 25 boards. 26 2 . 5 "City Council" means the duly elected City Council of 27 the City. 28 2 . 6 "Community Park" means a 31. 0 Ac Gross/23 . 0 Ac Net park 1 1 in Phasing Area 1B,. for the enjoyment of residents of the 2 Property, as well as residents of areas outside the Property. 3 2 . 7 "Developer" mean Rialto Development Corporation, which 4 does business as LD Johnson Companies, and its successors in 5 interest to all or any part of the Property. i 6 2 . 8 "Development" means the construction and/or 7 installation of structures, improvements and facilities 8 comprising the Project as set forth in this Agreement including, 9 without limitation, grading, the construction of infrastructure 10 and public facilities related to the Project (whether located 11 within or outside the Property) , the construction of buildings 12 and the installation of landscaping. 13 2 . 9 "Development Approval" and "Existing Development 14 Approval" means the Specific Plan. 15 2 . 10 "Development Impact Fee" means any fee adopted 16 citywide that relates to the provision of public infrastructure, 17 facilities or services which is applied to all development 18 projects in the city and which is not subject to abatement or 19 reduction. 20 2 . 11 "Effective Date" means the date this Agreement is 21 recorded in the records of the Riverside County Recorder. . 22 2 . 12 "'"'EIR"' means an environmental impact report for the 23 Project in accordance with the provisions of CEQA. 24 2 . 13 "Existing Land Use Ordinance" means the Specific Plan 25 and, to the extent applicable and not inconsistent with the 26 Specific Plan, the City's rules, regulations, official policies, 27 taxes and fee programs including, without limitation, the City's 28 general plan and zoning, subdivision and building regulations, 2 1 wh ether adopted by the City Council or by the voters in an � 2 initiative, which are in effect as of the Effective Date hereof. 3 2 . 14 "Government Code" means the California Government. 4 2. 15 "LAFCO" means the Riverside County Local Agency 5 Formation Commission 6 2 . 16 "Neighborhood Park" means a Ac Gross/5. 0 Ac 7 Net park in Phasing Area 2 of the Project, 2 acres of which will 8 be subject to joint use by the students and faculty of an 9 adjacent school . 10 2 . 17 "Phasing Area" means an area shown in the phasing map 11 which is included in the Specific Plan. 12 2 . 18 "Project" means the development project described in 13 this Agreement and the Specific plan. 14 2 . 19 "Property" means the real property which is the 15 subject of this Agreement and which is described in Section 3 . 16 2 . 20 "Specific Plan" means the Ramsgate Specific Plan as 17 amended. 18 2 . 21 "Turn Key" means completion of an improvement to 19 either the Community Park or the Neighborhood Park in accordance 20 with City standards including, without limitation, City building 21 standards, as of the effective date hereof and dedication of such 22 improvements to the City. 23 3 . RECITALS 24 3 . 1 Property. The Developer is the fee owner of the 25 Property which is located in the municipal limits of the City and 26 which is most particularly described in EXHIBIT "A" . 27 3 . 2 Legal Authority. Government Code Section 65864 et seq. 28 authorize the City to enter into development agreements in 3 I, i I 1 connections with the development of real property in the City. 2 This Agreement is made and entered into pursuant to those 3 provisions of state law. 4 3 . 3 . Consistency Findinct. By approving and executing this 5 Agreement, the City finds that its provisions are consistent with 6 the City's General Plan and with the SpecifiC Plan, and the City 7 further finds and determines that execution of this Agreement is 8 in the best interests of the public health, safety and general 9 welfare of the City's present and future residents, property 101 owners and taxpayers. 11 3 .4 Status of._Project. The Developer is in the process of 12 planning, financing and preparing for the Development, which is a 13 large scale, mixed use, phased development of some 3137 dwellings 14 and related schools, open space and recreational uses on 15 approximately 1, 190 acres in the City and which is more 16 particularly described in the Specific Plan and the EIR. 17 Pursuing the Development as contemplated by the Specific Plan and 18 providing the mitigation set Forth in the EIR will require major 19 investment by the Developer in public facilities and on-site and 20 off-site improvements. The Development has been analyzed and 21 reviewed by the City as part of its process of granting 22 development approvals, in view of the enacted land use standards 23 and policies of the City embodied in its Existing Land Use 24 Ordinance and in view of State law including, without limitation, 25 CEQA. 26 3 . 5 Consideration. The Cityhas determined termined that entry into 27 this Agreement will further the goals and objectives of the 28 City' s land use planning policies, by eliminating uncertainty in 4 i 1 planning for the orderly development of the project, to the end 2 that adequate long term plans regarding the provision of 3 "necessary infrastructure for existing and future city residents 4 can be developed and implemented. The City has further determined 5 that entry into this Agreement will provide the maximum effective 6 utilization of the resources of the City, at the least economic 7 cost to its citizens. Without limiting the generality of the 8 foregoing, the benefits conferred by the Developer pursuant to 9 this 'Agreement will help increase traffic capacity for the road 10 system of the City and will facilitate the installation of 11 certain other vital public improvements, both of which will 12 significantly promote the health, safety and general welfare of 13 present and future residents of the City. 14 In exchange for these benefits to the City and its 15 residents, the Developer wishes to receive the assurances 16 permitted by State law that the Developer may proceed to develop 17 the Project in accordance with the Specific Plan and its existing 18 financial and contractual commitments, and at a rate of 19 development of its choosing, subject to the terms and conditions 20 of this: Agreement. In that regard, the City acknowledges that the 21 project is and shall be considered a single, integrated 22 development project and that each phase of the Project is and 23 shall be dependent upon the completion and occupancy of each 24 other phase of the Project and the full performance of this 25 Agreement by the City. 26 The assurances provided by the City and the Developer to 27 each other in this Agreement are being provided pursuant to and 28 as contemplated by State law, are bargained and in consideration 5 1 for the undertakings of the parties, and are intended to be and 2 have been relied upon by the parties to their detriment, such i 3 that the Developer will be deemed to have a vested interest in 4 the Specific Plan, which will be the controlling land use plan 5 for the Project. 6 4 . DEVELOPER PROVIDED AMENITIES i 7 4 . 1 Description of Amenities. The City and the Developer 8 agree that the following amenities and improvements being 9 provided by the Developer and others as part of the planning, 10 financing and Development of the Project, will result in 11 substantial general public benefit. The following is a general 12 description of those amenities and improvements. 13 4. 1. 1 Development Agreement Fee. The Developer will 14 pay a special fee which will be called a Development Agreement 15 Fee ("DAG") , at the time of issuance of building permits, to be 16 used to fund the cost of municipal capital facilities and 17 improvements and municipal public services including, without 18 limitation, a civic center, a police station, a fire station, a 19 library, cultural facilities, senior citizen facilities, 20 recreational facilities and a corporate yard. The DAG will be in 21 the amount of $2 , 000. 00 per residential dwelling unit or 22 $5,700, 000, whichever is greater. Without limiting the discretion 23 of the City, the City expects that one-half of the DAG will be 24 used within the area which is the subject of the Specific Plan 25 and one-half of the DAG may be used anywhere in the City. The DAG 26 will not be subject to increase for any reason whatsoever and 27 will constitute the sole DAG that the Developer will be required 28 to pay. Upon reasonable request by the Developer, the City will 6 1 provide the Developer with a periodic accounting setting forth 2 the amount of the DAG levied and collected by the City pursuant 3 to this Agreement and the specific purposes and/or projects for 4 which the DAG has been expended. 5 4 . 1. 2 Feasibility Study. Within 3 months after the 6 Effective Date hereof, the Developer will pay the sum of 7 $100, 000. 00 to the City, which will be used for the purpose of 8 preparing a report to study the feasibility of a permanent civic 9 center site for the City including, without limitation, the most 10 feasible location of the civic Center and the most feasible means 11 of financing the same. I 12 4 . 1. 3 Sales Tax Situs. The Developer, shall cooperate 13 to the extent feasible to work with City and the Lake Elsinore 14 Foundation to keep the point of sale of products which are 15 incorporated into the Project, in the municipal limits of the 16 City. 17 4 . 1. 4 School Site. The Developer will convey to the 18 Lake Elsinore School District of Riverside County, a school site 19 (8 . 2 Ac Gross/8 . 00 Ac Net) in phasing Area 1B of the project, - 20 which will be contiguous to the Community Park site referred to 21 in Section 4 . 1. 5. The Developer will also convey to the Lake 22 Elsinore School District of Riverside County, a school site (14 . 0 23 Ac Gross/9 . 8 Ac Net) in Phasing Area 2 of the Project, which will 24 be contiguous to the Neighborhood Park site referred to in 25 Section 4 . 1. 5. The Developer will convey both of such school 26 sites in a fine graded hydroseeded and irrigated condition and 27 otherwise on such terms and conditions as are mutually agreed 28 between the Developer and the Lake Elsinore School District of 7 �I I Riverside County; provided, however, that such school sites will 2 be irrigated according to standards which are applicable to large ' 3 scale open space and p p provided further that in no event will the 4 Developer be required to spend more than $750, 000 with respect to 5 such improvements. The City will take such steps as may be 6 necessary to cause the owner of each project which is adjacent to 7 the Property and which does not provide either a Park Site or a 8 School Site, to pay all park fees which are required by the 9 Quimby Act or by City Ordinance, at the time of recordation of 10 the first subdivision map or parcel map with respect to such 11 project and, using such park fees, will reimburse the Developer 12 with interest at the legal rate. The City acknowledges that the 13 future availability of the first mentioned school site for joint 14 use by the City after the conveyance by the Developer to such 15 School District, will be subject to mutual agreement between the 16 City and such School District. The City also acknowledges that 17 the Developer has previously conveyed a 10 acre school site to 18 the Lake Elsinore School District, the City will use its best 19 efforts to assist the Developer in negotiating an exchange of 20 such second mentioned school site for the 10 acre school site 21 which was previously conveyed by the Developer to such School 22 District. 23 The graded, turfed and irrigated school site located in 24 Tract 25479 will be operational by the issuance of the 100th 25 certificate of occupancy of said tract. The graded, turfed and 26 irrigated school site will be in Tract 25475 will be operational 27 by issuance of the 100th certificate of occupancy of said tract. 28 4 . 1. 5 Park Site. Subject to the provisions of this 8 i 1 Section 4 . 1. 5, the Developer will convey a Turn Key Community j 2 Park site to the City, which will include 4 lighted ball fields 3 and l lighted soccer fields, concurrently with the opening of the 4 first model complex for the Project, provided, however, that the 5 Developer will not be required to spend more than $1, 500, 000. 0o 6 with respect to the same. In addition, no later than the 7 issuance by the City of the 500th certificate of occupancy with 8 respect to single family detached dwellings in the Project, the 9 Developer will install the remaining facilities in the Community 10 Park, including tennis courts, baseball diamonds, soccer fields 11 and basketball courts, but excluding a community building and 12 related facilities; provided, however, that except for a 13 community building and related facilities, the City will have the 14 right to substitute facilities in the Community Park on the 15 approval of the Community Development Director of the City and 16 provided further that the Developer will not be required to spend 17 more than $2 , 850, 000. 00 with respect to all of the aforementioned 18 Community Park facilities, including the aforementioned grading, 19 irrigation, hydroseeding, lighted ball fields and lighted soccer 20 fields. The Community Park site will be developed in accordance 21 with current applicable City requirements including, without 22 limitation, City design and building requirements. Before the 23 first subdivision map or parcel map for the Project is recorded, 24 the City and the Developer will use their best efforts to obtain 25 the approval of the City Council of concept plans for the 26 Community Park site. Improvement of the Community Park site will 27 be funded from the DAG which the Developer will advance with 28 respect to the first 1, 425 residential dwelling units in the 9 i k C i 1 Project, which will account for the aforementioned $2 ,850, 000. 00 2 maximum Developer. expenditure with respect to facilities at the 3 Community Park site, and any remaining costs of improvement of 4 the Community Park site including, without limitation, the cost 5 of any community building and related facilities, will be funded 6 using one of the mechanisms which is referred to in Section 9 . 5. 7 The City and the Developer will jointly endeavor to implement 8 such funding as may be necessary to pay the cost of such 9 community building and related facilities,on or before the 10 issuance by the City of the 1000th certificate of occupancy with 11 respect to single family detached dwellings in the Project. All 12 expenditures with respect to improvements to the Community Park 13 site will be subject to review and approval by the Community 14 Development Director of the City. 15 In Addition, in further satisfaction of the Developer's 16 obligations under the Quimby Act or the applicable City 17 Ordinance, the Developer will convey the Neighborhood Park site 18 to the City, in a fine graded, hydroseeded and irrigated 19 condition, by the opening of the first model complex for Tract 20 25475; provided however, that such Neighborhood Park site will be 21 irrigated according to standards which are applicable to large 22 scale open space and provided further that in no event will the 23 Developer be required to spend more than $250, 000. 00 with respect 24 to fine grading, hydroseeding, and irrigating such Neighborhood 25 Park site. The City will take such steps as may be necessary to 26 cause the owner of each project which is adjacent to the Property 27 and which does not provide either a park site or a school site, 28 to pay all park fees which are required by the Quimby Act or by 10 i I City ordinance, at the time of recordation of the first 2 subdivision map or parcel map with respect to such project and, 3 using such park fees, will reimburse the ;Developer, with interest 4 at the legal rate. 5 4 . 1. 6 Affordable Housing. The developer will provide 6 its fair share of affordable housing within the multi-family 7 zones of the Specific Plan pursuant to California Health and 8 Safety Code Sections 50079 . 5 and 50105. If area within the 9 multi-family zones prove deficient, areas with Commercial zones 10 shall be utilized. The total number of affordable units in the i 11 low and' very low income ranges, as determined by the County 12 median average, shall be 157 units. The affordable mix between 13 low and very low income ranges shall be based on the current 14 Housing Element standards. The affordable housing shall begin 15 construction upon the completion of 50% of the Specific Plan's 16 total units certificates of occupancy and shall be completed upon 17 the completion of 75% of the Specific Plan's total units 18 certificates of occupancy. 19 The City will assist the Developer in providing its fair '20 share of affordable housing by providing access to available 21 redevelopment set aside funds at the outset of the developer's 22 affordable .housing project. Other economic incentives such s 23 bond assistance, reduction of development standards, etc. , may be 24 offered at the discretion of the City. 25 The developer will be responsible for implementing changes 26 that from time to time may occur to the City's Housing Element, 27 where. such changes occur on a city wide equitable basis. 28 The affordable units shall remain in the affordable 11 i i I categories as long as the City of Lake Elsinore has a regional i 2 affordable housing requirement. 3 5. DURATION OF AGREEMENT 4 5. 1 Scheduling. Pursuant to Government Code section i 5 64865.2 , the duration of this Agreement will be for 15 calendar 6 years from and after-the Effective Date hereof. Although 7 Development of the Project will be undertaken as soon as 8 reasonably practicable, the City and the Developer acknowledge 9 that the Developer cannot at this time accurately predict the 10 time schedule within which Development of the Project will occur, 11 except that it is in the Developer's present reasonable 12 expectation that it will be completed within the aforementioned 13 15 year period. Decisions with respect to the rate of Development . 14 of the Project will depend on a number of circumstances not 15 within the control of the Developer including, without 16 limitation, market factors, demand, the state of the economy and 17 other matters. Therefore, so long as Development of the Project 18 occurs in a manner consistent with the City's Existing Land Use 19 Ordinance and this Agreement, the Developer will have the right 20 to pursue the Development of the Project at the rate and in the 21 sequence deemed appropriate by the Developer within the exercise 22 of its sound business judgment. For purposes of this Agreement, 23 completion of the Project will mean the date on which a 24 certificate of occupancy or comparable instrument issued by the 25 City for the last improvement or structure constructed pursuant 26 to. this Agreement. Following the expiration of the aforementioned 27 15 year term, this Agreement will be deemed terminated and of no 28 further force and effect. 12 i 1 5. 2 Periodic Review. The City will , in accordance with 2 applicable State law, review this Agreement at least once every i 3 12 months from and after the Effective Date hereof. During each 4 such periodic review, the City and the Developer will have the 5 duty to demonstrate their good faith compliance with the terms i 6 and conditions of this Agreement. Both parties agree to furnish 7 such evidence of good faith compliance as may be reasonably 8 necessary, or required. The City's failure to review the 9 Developer's compliance with this Agreement, at least annually, 10 will not constitute or be asserted by either party as a breach by i 11 the other party. 12 5. 3 Certification of Completion. Promptly upon completion 13 of the Project, the Developer will submit a draft letter of 14 completion for review by the City. Upon review, the City will 15 provide the Developer with a letter of completion so certifying. 16 this certification will be a conclusive determination that the 17 obligations of the Developer pursuant to this Agreement have been 18 met. The certification will be in a form that will allow it to be 19 recorded - in the Records of the Riverside County Recorder. 20 6. VESTED RIGHT 21 6. 1 Vesting. By entering into this Agreement and relying 22 thereon, the Developer is obtaining the vested right to proceed 23 with the Project in accordance with the Development Approval and 24 this Agreement, but subject to any remaining discretionary 25 approvals of the City required in order to complete the Project 26 as contemplated by the Development Approval and this Agreement 27 (which discretion will be exercised reasonably and in accordance 28 with the terms of this Agreement) . By entering into this 13 i I Agreement and relying thereon, the City is securing certain 2 public benefits which help to alleviate potential problems in the 311 City and enhance the public health, safety and welfare of 4 existingand future City residents. In view of the foregoing, 5 the City agrees to the following: 6 6. 1. 1 No Conflicting Enactments. Neither the City 7 Council nor any other agency or department of the City will enact 8 an ordinance, policy, rule, regulation or other measure 9 applicable to the Project which relates to the rate, timing or 10 sequencing of the development or construction of all or any part 11 of the Project or which is otherwise in conflict with this i 12 agreement. 13 6. 1. 2 Intent of Parties. In addition to and not in 14 limitation of the foregoing, no moratorium or other limitation 15 (whether relating to the rate, timing or sequencing of the 16 Development of all or any part of the Project and whether or not 17 enacted by initiative or otherwise) , affecting parcel or 18 subdivision maps, building permits, site development permits, 19 special use permits, occupancy certificates or other entitlement 20 to use, which has been approved, issued or granted in the City, 21 or in parts of the City, will apply to the Project to the extent 22 such moratorium or other limitation is in conflict with this 23 Agreement. Notwithstanding the foregoing, if an ordinance, 24 general plan or zoning amendment, measure, moratorium, policy, 25 rule, regulation or other limitation enacted by citizens of the i 26 City through the initiative process, is determined by a court of 27 competent jurisdiction to invalidate or prevail over all or any 28 part of this Agreement, then the Developer will have no recourse 14 1 against the City pursuant to this Agreement, but will retain all 2 other rights, claims and causes of action at law or in equity 3 which the Developer may have independent of this Agreement. 4 However, the foregoing will not be deemed to limit the 5 Developer's right to appeal any such determination of such 6 ordinance, general plan or zoning amendment, measure, moratorium, 7 policy, rule, regulation or other limitation. The foregoing will 8 also not be deemed to limit the effect of Section 20. 1. 9 6. 1. 3 Grading. Without limiting the effect of any 10 other provision of this Agreement, the Developer will have the it right to begin grading the Property at any time after the 12 Effective Date hereof, subject only to securing the prior 13 approval of the City, and such approval will not be denied based 14 on season or date, provided that the Developer agrees to comply 15 with all required precautions, to use due care in its grading 16 activities and to take reasonable steps to prevent erosion, 17 slippage and dangerous run off conditions. 18 7 . GENERAL DEVELOPMENT OF THE PROJECT 19 7 . 1 Project. Except as otherwise provided in this 20 Agreement, the Development Approval will control the overall 21 design and Development of the Project and the EIR will control i 22 all mitigation measures required in order to minimize or 23 eliminate material adverse environmental impacts caused by the 24 Project. The permitted uses of the Property, the density and 25 intensity of use, the maximum height and size of proposed 26 buildings, the provisions for reservation and dedication of land 27 for public purposes and other terms and conditions of Development 28 applicable to the Property will be those set forth in this 15 i I Agreement or in the Development Approval. Notwithstanding the 2 limitations of the Development Approval, the Developer may 3 construct up to 287 additional multi-family units in the 4 multi-family zones of the Project , at a density not to exceed 30 5 DU/Acre and at a height not to exceed 3 stories subject to design 61 review by the City. 7 7.2 Effect of Agreement on Land Use Regulations. In 8 connection with any approval which the City is permitted to give 9 under this Agreement with respect to the Project, or otherwise 10 under the Existing Land Use Ordinance, the City will exercise its 111 discretion or take action in a manner which is as expeditious as 12 possible and which complies and is consistent with the 13 Development Approval and the standards, terms and conditions 14 contained in this Agreement, and in a manner which will not 15 interfere with the Development of the Project for the uses 16 permitted therein, and to the height, density and intensity 17 specified in this Agreement and in the Development Approval, and 18 at the rate of Development selected by the Developer. Subject to 19 Section 9 . 3, the City will accept for processing and act on all 20 applications for further land use entitlement approvals which are 21 necessary or appropriate with respect to the Project. 22 7. 3 O eratin Memoranda and Amendments. The parties 23 acknowledge that the passage of time may demonstrate that changes 24 are necessary or appropriate with respect to the details of each 25 party' s performance under this Agreement. Because the parties 26 desire to retain a certain degree of flexibility with respect to 271 the details of each party's performance pursuant to this 28 Agreement, if and when the parties find that changes are 16 I necessary or appropriate, they will, unless otherwise required by 2 law, effectuate such changes or adjustments through operating 3 memoranda approved by the Community Development Director of the 4 City. After execution, each such operating memorandum will be 5 attached hereto as an addendum and become a part hereof, and may 6 be further changed from time to time as necessary or appropriate, 7 as provided in this Section. No such operating memorandum will 8 be deemed to be an amendment of this Agreement under Government 9 Code. Section 65868 and unless otherwise required by law, no such 10 operating memorandum will require prior notice or hearing. 11 Notwithstanding the foregoing, the following matters will not be 12 considered as appropriate subjects of operating memoranda, but 13 will be considered substantive amendments which must be reviewed 14 by the Planning Commission of the City and approved by the City 15 Council. 16 7. 3 . 1 - Alteration of Permitted Uses. Alteration of the 17 permitted uses of the Property. 18 7 . 3 . 2 Increase in Density or Intensity. Increase in . 19 the density or intensity of use or number of lots. 20 7 . 3 . 3 Increase in Height and size. Increase in the 21 maximum height and size in permitted buildings. 22 7 . 3 . 4 Deletion of Reservation Requirements. Deletion 23 of a requirement for ;the reservation or dedication of land for 24 public purposes, except for minor boundary adjustments approved 25 by the Community Development Director of the City. 26 7 . 3 . 5 Supplemental Environmental Review. Any 27 amendment or change requiring a subsequent or supplemental 28 Environmental Impact Report pursuant to Public Resources Code 17 i I Section 21166. 2 8. RULES REGULATIONS AND OFFICIAL POLICIES 3 8. 1 New Rules. Although the City's rules and regulations 4 governing permitted uses of the Property, density of development 5 and design, improvement and construction will be those rules and 6 regulations in force on the Effective Date hereof, this Agreement 7 will not prevent the City from applying the following new rules, 8 re ulations and olicies. 9 8. 1. 1 Processing Fees. Processing fees and charges 10 imposed by the City to cover the estimated actual costs to the 11 City of processing applications for development approvals, for 12 monitoring compliance with any development approval or for 13 monitoring compliance with environmental impact mitigation n 14 measures. 15 8 . 1. 2 Procedural Regulations. Procedural regulations 16 relating to hearing bodies, petitions, applications, notices, 17 findings, records, hearings, reports, recommendations, appeals 18 and any other matter of procedure. 19 8 . 1.3 Regulations Gover ning Standards. 20 Regulations governing construction standards and specifications 21 including, without limitation, the City's Building Code, Plumbing 22 Code, Mechanical Code, Electrical Code and Fire Code, provided 23 that such construction standards and specifications are applied 24 on a City-wide basis. 25 8. 1.4 Nonconflictin Re ulations. Regulations which 26 are not in conflict with the Development Approval or this 27 Agreement. 28 8 . 1. 5 Certain Conflicting Regulations. Regulations 18 'i 1 which are in conflict with the Development Approval or this 2 Agreement if such regulations have been consented to in writing 3 by the Developer. 4 8 . 2 Subsequent Actions and Approvals. In accordance with 5 Government Code Section 65866, this Agreement will not prevent 6 the City, in subsequent actions applicable to the Property, from 7 applying new rules, regulations and policies which do not 8 conflict with those existing rules, regulations and policies set 9 forth in the Development Approval, nor will this Agreement 10 prevent the City from denying or conditionally approving any 11 subsequent development project application on the basis of such 12 existing or new rules, regulations or policies. 13 8. 3 State and Federal Laws. If State or Federal laws or 14 regulations enacted after the Effective Date hereof , prevent or 15 preclude compliance with one or more of the provisions of this 16 Agreement, such provisions of this Agreement will be modified or 17 suspended as may be necessary to comply with such State or 18 Federal laws or regulations; provided, however that this 19 Agreement will remain in full force and effect to the extent it 20 is not inconsistent with such State or Federal laws or i 21 regulations and to the extent such laws or regulations do not 22 render such remaining provisions impractical to enforce. 23 8 . 4 Police Power and Taxing Power. The City will not i 24 impose, or enact any additional conditions, exactions, 25 dedications, fees or regulations through the exercise of either 26 the police power or the taxing power with respect to the 27 Development of the Project except as provided in the Development 28 Approval or in this Agreement. However, nothing in this 19 i I Agreement will prohibit the adoption and application of a special 2 tax approved by- the City's voters, provided that such tax is 3 imposed on a City wide basis, or future Citywide Development 4 Impact fees. 5 8 .5 Life of Subdivision or Parcel MaQs. Pursuant to 6 Government Code Section 66452 . 6 (a) , the term of any subdivision 7 map or parcel map approved with respect to the Project will be 8 extended for the term of this agreement. 9 9. COOPERATION AND COVENANT OF FURTHER ASSURANCES 10 9. 1 Third Party Actions. The Developer and the city will 11 cooperate in defending any action instituted by any third party 12 challenging the validity of any provision of this Agreement or 13 any action taken or decision made hereunder. Developer agrees to 14 assume the lead role in defense of any such action or proceeding I 15 so as to minimize litigation expenses incurred by the City. In 16 addition, any action instituted by any third party challenging 17 this Agreement or any other permit or approval required from the 18 City or any other governmental entity, for the Development of the 19 Project, will constitute a permitted delay under Section 10. 20 Notwithstanding the foregoing, the filing, of any third party 21 action against the City and/or the Developer with respect to this 22 Agreement or any provision hereof, will not be a reason to delay 23 or stop the Development of the Project (including, without 24 limitation, the processing of any application of the Developer 25 with respect to the Development, the issuance of and building 26 permit or the issuance of any certificate of occupancy) unless 27 the third party obtains a court order preventing such activity. 28 The City will not stipulate to the issuance of any such court 20 1 order. 2 9 .2 Further Assurances. Each party covenants on behalf of 3 itself and its successors and assigns to take all actions and do 4 all things, and to execute with acknowledgments or affidavits if 5 required, any and all documents and writings that may be 6 necessary or proper to achieve the purposes and objectives of 7 this Agreement. Each party will take all necessary measures to 8 see that the provisions of this Agreement are carried out in 9 full . 10 9-. 3 Processing. Subject to the provisions of this Section, 11 upon satisfactory completion by the Developer of all required 12 preliminary actions and payment of all appropriate filing and 13 processing fees, if any, the City will, in accordance with the 14 Existing Development Approval, diligently prosecute to completion 15 any application for approval which is required by the Developer. 16 Without limiting the effect of the foregoing but also subject to 17 the provisions of this Section, the City will, in accordance with 18 the Existing Development Approval : 1.9 9. 3 . 1 Scheduling. Schedule, convene and conclude all 20 required public hearings in an expeditious manner. 21 9 . 3 . 2 Processing. Process and approve all maps, 22 plans, land .use permits, building plans and specifications and 23 other applications for approval with respect to the Development 24 of the Project. 25 The Developer will , in a timely manner, provide and/or 26 cause its agents to provide the City with all materials, 27 documents, applications, plans and other information necessary 28 for the City to carry out its obligations hereunder. In order to 21 I facilitate the City's performance of its obligations pursuant to 2 this Agreement including, without limitation its 'obligations 3 pursuant to this Section 9. 3 , at the request of the Developer, 4 the City will hire such additional personnel as may be necessary 5 to further expedite the scheduling and processing of the 6 Developer's applications with respect to the Project; provided, 7 however that the Developer will pay the entire cost of any such 8 additional personnel and any such additional personnel will be 9 assigned exclusively to the Project. 10 9. 4 Other Governmental Permits. The Developer will apply 11 in a timely manner for such other permits and approvals as are 12 required by other governmental agencies having jurisdiction over 13 the Project or the development of, or provision of services to, 14 the Project. The City will cooperate with the Developer in its 15 efforts to obtain such permits and approvals. In addition, the 16 City will use its best efforts to assist the Developer in 17 coordinating the implementation of the Project with such other 18 governmental agencies. .19 9 . 5 Financing of Public Facilities andforservices. The 20 City and the Developer will in good faith use their best efforts 21 to establish one or more community facilities districts, 22 assessment districts, improvement districts, maintenance 23 districts or other public financing mechanisms including, without 24 limitation, one or more community facilities districts pursuant 25 to the Mello-Roos Community Facilities Act of 1982, as set forth 26 in Government Code Section 53311 et seq. , for the purpose of 27 financing the planning, design, construction and maintenance of 28 public facilities (including, without limitation, the improvement 22 a I to the School Sites which are referred to in Section 4 . 1.4 and 2 the improvements to the Community Park site and the Neighborhood 3 Park site which are referred to in Section 4 . 1. 5) , including 4 related feeS and the acquisition of land therefor, and/or the 5 provision of public serviceS to the Project, to the maximum 6 extent legally and financially feasible. The parties expect that 7 bonds, assessments, liens or other such financing mechanisms will 8 be issued or levied to provide sufficient funds for the foregoing 9 purposes and the City and the Developer agree that, without the 10 consent of the City, the portion of average assessed real 11 property _values in the Project allocated to real property taxes 12 and aggregate debt service may go up to but will not exceed 2% of 13 average assessed real property values in the Project, and the 14 City will take no action to limit such portion to less than 2% of 15 the average assessed real property values in the Project. 16 Although the parties will in good faith use their best efforts to 17 maximize the extent of structures, improvements and facilities 18 comprising the Project, which will be financed through the use of 19 such, public financing mechanisms, the parties acknowledge that it 20 may not be legally or financially feasible to finance all of such 21 structures,. improvements and facilities- through the use of such 22 public financing mechanisms. Therefore, to the extent that the 23 public improvements or public services required by the City with 24 respect to the Project are in excess of the needs and demands of 25 the Project and will be utilized by future developments, the City 26 will use its best efforts to cause such future developments to 27 contribute to the costs of such public improvements and public 28 Services (including, without limitation, by participating in one 23 i 1 or more community facilities districts, assessment districts, 2 improvement districts,p nt maintenance districts or other similar 3 Public financing mechanisms) and, from the funds which are h 4 generated by such public financing mechanisms, cause appropriate 5 reimbursement, including interest at the legal rate, to be made 6 to the Developer. The City acknowledges that completion of 7 proceedings to establish one or more of such public financing 8 mechanisms is critical to provide the parties with security for 9 the performance by the Developer of its obligation to cause the 10 Development of the Project to occur. The Developer understands 11 that the City has formed a joint powers authority under the 12 Marks-Roos Local Bond Pooling Act of 1985 known as the Lake 131 Elsinore Public Financing Authority, and that City policy 14 requires all public financing within the City to be funded 15 through the Authority. 16 9.6 Utilities Coordination. The City will use its best 17 efforts to assist the Developer in obtaining all electrical, gas, 18 telephone, cable television and other necessary utility 19 connections required for the Project. Within a reasonable time 20 after request therefor by the Developer, the City will approve 21 all connection and access points for such utilities, if they are 22 in compliance with the Existing Land' Use Ordinance. 23 9.7 Covenant of Good Faith and Fair Dealing. Except as may 24 be required by law, neither party will do anything which will 25 have the effect of harming or injuring the right of the other 26 party to receive the benefits of this Agreement and each party 27 will refrain from doing anything which would render performance 28 under this Agreement impossible or impractical . In addition, 24 s:� 1 each party will do everything which this Agreement describes that 2 such party will do. 3 9. 8 Stephens Kangaroo Rat. The City will use its best 4 efforts to maximize the amount of/acreage which is released for 5 grading and allocated to the City pursuant to the Riverside 6 County Short-Term Habitat Conservation Plan for the Stephens 7 Kangaroo Rat and will take such steps as may be necessary or 8 appropriate from time to time, to secure such maximum allocation. 9 9. 9 Highway 74 Realignment. The Developer will cooperate 10 with the City in forming such Community Facilities Districts, 11 benefit districts and other fair share public financing 12 mechanisms as may be necessary or appropriate to finance the cost 13 of acquiring right-of-way for the realignment of Highway 74 in 14 the proximity of the Property including, without limitation, 15 removing the existing road radius (which does not meet current 16 applicable road standards) and in realigning and improving 17 Highway 74 including, without limitation, making any concurrent, 18 required changes to the I-15 interchange, to current applicable 19 standards of the California Department of Transportation. 20 Developer will be required to dedicate and improve any additional 21 land necessary to accommodate Highway 74 improvements along and 22 adjacent to the Property's boundary. If required by the City, 23 the Developer will advance the cost of any feasibility study 24 which is required for such realignment and improvement and the 25 Developer will be reimbursed from the Community Facilities 26 District, benefit district or other fair share public financing 27 mechanism with respect to the same, with interest at the legal 28 rate to the extent that such feasibility study relates to 25 i { 1 improvements which are not adjacent to the Property. 2 10. PERMITTED DELAYS 3 The Developer will be excused from performance of its 4 obligations hereunder during any period of delay caused by 5 casualties; acts of God; civil commotion; war; insurrection; 6 riots; strikes; walk outs; picketing or other labor disputes; 7 unavoidable shortages of materials or supplies; damages to work 8 in progress by reason of fire, flood, earthquake or other 9 casualty; litigation which prohibits or delays any aspect I the 10 processing or Development of the Project; initiatives or 11 referenda; moratoria; unanticipated restrictions imposed or 12 mandated by governmental entities; or enactment of conflicting 13 City, County, State or Federal laws or regulations or judicial 14 decisions ; or any other cause which is not within the reasonable 15 Control of the Developer. Each party will promptly notify the 16 other party of any delay hereunder as soon as possible after the 17 same has been ascertained, and the term of this Agreement will be 18 extended by the period of any such delay. Notwithstanding 19 Section 13 . 3 , any claim for delay must be presented within -30 20 days of knowledge of the cause of such delay or any entitlement 21 to time extension will be deemed waived. 22 11. ESTOPPEL CERTIFICATES 23 Either party may at any time, and from time to time, deliver 24 written notice to the other party, requesting that the other 25 party certify-in writing to the knowledge of the certifying party 26 that: (a) this Agreement is in full force and effect and is a 27 binding obligation of the certifying party; (b) this Agreement 28 has not been amended or modified, except as expressly identified; 26 I and, (c) no default in the performance of the requesting party's 2 obligations pursuant to Agreement exists, except as expressly 3 identified. A party receiving a request hereunder will execute 4 and return the requested certificate within 30 days after receipt 5 of the request. 6 12 . RECORDATION BY CITY CLERK 7 Pursuant to Government Code Section 65868 . 5, within 10 days 8 after execution of this Agreement by the City, the City Clerk 9 will record a copy in the Records of the Riverside County 10 Recorder. Thereafter, the burdens of this Agreement will be 11 binding upon and the benefits of this Agreement will inure to the 12 parties and their respective successors and assigns. 13 13 . DEFAULT 14 13 . 1 Events of Default. Subject to any written extension 1.5 of time by mutual consent of the parties, and subject to the 16 provisions of Section 10 regarding permitted delays, the uncured 17 failure of either party to perform any material term or provision 18 of this Agreement will constitute a default. On notice to a 19 -party of its failure of performance, such party will have 30 days 20 to cure such failure of performance; provided, however that if 21 the nature of the failure of performance is such that it cannot 22 be cured within such period, then the diligent prosecution to 23 completion of the cure will be deemed to be a cure within such 24 period. Any notice of default given hereunder will specify in 25 detail the nature of the alleged default and the manner in which 26 such default may be satisfactorily cured in accordance with this 27 Agreement. During the time period herein specified for the cure 28 of a failure of performance, the party charged with such failure 27 i i 1 of performance will not be considered to be in default for 2 purposes of termination of this Agreement or for purposes of 3 institution of legal proceedings with respect thereto and, if the i 4 Developer is the party that has failed to perform, then the City 5 will not be excused from its performance under this Agreement i 6 during that period. i 7 13 . 2 Remedies. Upon the occurrence of a default under this 8 Agreement and the expiration of any applicable cure period, the 9 non-defaulting party will have such rights and remedies against 10 the defaulting party as it may have at law or in equity 11 including, without limitation, the right to terminate this 12 Agreement. 13 13 . 3 No Waiver. The failure by a party to insist on the 14 strict performance of any of the provisions of this Agreement by �F 15 the other party will not constitute a waiver of such party's 16 right to demand strict performance by such other party in the 17 future. All waivers must be in writing to be effective or 18 binding on the waiving party and no waiver will be implied from 19 any omission by a party to take action. No express written 20 waiver of any default will affect any other default or cover any 21 other period of time except that specified in such express 22 waiver. 23 13 .4 Effect of Termination. Termination of this Agreement 24 by one party due to the default of the other party will not 25 affect any right or duty emanating from any then existing city 26 entitlement or approvals with respect to the Project, but the 27 rights and obligations of the parties will otherwise cease as of 28 the date of such termination. If the City terminates this 28 1 Agreement because of a default of the. Developer, then the City 2 will retain any and all benefits including, without limitation, 3 money or land received by the City hereunder. If the Developer 4 terminates this Agreement because of a default by the City, then 5 the Developer will be entitled to a return or a refund of all 6 unused benefits and exactions paid, given or dedicated to the 7 City pursuant to this Agreement including, without limitation; j 8 any unused part of the DAG referred to in Section 4 . 1. 1. 9 14 . INCORPORATION BY REFERENCE 10 14 . 1 Recitals. The Recitals in this Agreement are material 11 and are incorporated herein by reference as though fully set 12 forth hereat. 13 14 . 2 Exhibits. Any Exhibit to this Agreement is ' 14 incorporated herein by reference as though fully set forth 15 hereat. 16 15. APPLICABLE LAW 17 This Agreement will be construed and enforced in accordance i 18 with the laws of the State of California. 19 16. NO JOINT VENTURE , PARTNERSHIP OR THIRD PARTY_BENEFICIARY 20 The City and the Developer hereby renounce the existence of 21 any form of joint venture or partnership between them and 22 expressly agree that nothing contained herein or in any document 23 executed in connection herewith will be construed as making the 24 City and the Developer joint venturers or partners. It is 25 understood that the contractual relationship between the City and 26 the Developer is such that the Developer is an independent con. 27 tractor and not an agent of the City. Furthermore, this 28 Agreement is not intended or construed to create any third party 29 i 1 beneficiary rights in any person who is not a party to this 2 Agreement. 3 17 . ADDRESSES FOR NOTICES 4 Any notice or other communication to either party under this 5 Agreement must be in writing and must be given by delivering the 6 same to such party in person or by sending the same by certified 7 or registered mail, return receipt requested, or by overnight 8 mail delivery service, with all costs prepaid, to the following 9 addresses: i 10 City 11 City of Lake Elsinore 130 South Main street 12 Lake Elsinore, CA 92330 Attn: city Manager 13 Developer 14 LD Johnson Companies 15 180 H, Riverview Drive Suite 290 16 Anaheim Hills, CA 92808 17 Attn:-william H. Frey and 18 LD Johnson Companies 19 1980 Post Oak Blvd. Suite 1610 20 Houston, TX 77056 Attn: William H. Frey 21 With a Copy To: Gresham, Varner, Savage, z2 Nolan & Tilden 600 H. Arrowhead Avenue 23 Suite 300 San Bernardino, CA 92401 24 Attn: Mark H. Ostoich, Esq. 25 18 . COVENANTS RUNNING WITH THE LAND 26 All of the terms, provisions, covenants and obligations 27 contained in this Agreement will be binding upon the parties and 28 their respective successors and assigns, and all other persons or 30 i 1 entities acquiring all or any ..part of the Property, and will 2 inure to the benefit of such parties and their respective 3 successors and assigns. All the provisions of this Agreement 4 will be enforceable as equitable servitudes and constitute 5 covenants running with the land pursuant to applicable law 6 including, without limitation, California civil Code Section 7 1468. Each covenant to or refrain from doing some act on the i 8 Property is expressly for the benefit of the Property and is a 9 burden upon the Property, runs with the Property and is binding 10 upon each party and each successive owner during its ownership of 11 the Property or any part thereof, and will benefit each party and 12 its property hereunder, and each other party succeeding to an 13 interest in the Property. Notwithstanding the foregoing, upon 14 the sale or lease, for more than 1 year, of a dwelling unit, 15 office or commercial or industrial space by the Developer to a 16 member of the public, but not upon the bulk sale thereof for 17 resale to the public, such residential unit, office, commercial 18 or industrial space will ba automatically released from the 19 terms, provisions, covenants and obligations of this Agreement, 20 without the necessity of the City or the Developer executing or 21 recording any specific instrument of release. 22 19 . CONSISTENCY FINDING 23 By approving and executing this Agreement, the City finds 24 that its provisions are consistent with the City' s General Plan 25 and with the Specific Plan, and the City further finds and 26 determines that execution of this Agreement is in the best 27 interests of the public health, safety and general welfare of the 28 City's present and future residents, property owners and 31 I 1 taxpayers. 2 20. TERMS AND CONSTRUCTION 3 20. 1 Severability. If any term, provision, covenant or 4 condition of this Agreement is determined to be invalid, void or 5 unenforceable by judgment or court order, then the remainder of i 6 this Agreement will remain in full force and effect, unless 7 enforcement of this Agreement, as so invalidated, would be i 8 unreasonable or grossly inequitable under all the circumstances 9 or would frustrate the stated purposes of this Agreement. 10 20. 2 Entire Agreement. This Agreement contains all the 11 representations and constitutes the entire agreement between the 12 City and the Developer, Any prior correspondence, memoranda, 13 ' agreements, warranties or representations are superseded in total 14 by this Agreement. 15 20. 3 Signature Pages. For convenience, the signatures of 16 the parties may be placed and acknowledged on separate pages and, 17 when attached to this Agreement, will constitute this document as 18 one complete Agreement. 19 20. 4 Time. Time is of the essence of this Agreement and of 20 each and every term and condition hereof. 21 21. CONSENT OF OTHER PARTIES 22 The Developer may, at its discretion, elect to have other 23 holders of legal, equitable or beneficial interests in the 24 project, the Property or parts thereof, acknowledge and consent 25 to the execution and recordation of this Agreement by executing 26 an appropriate instrument therefor. It is understood by the 27 parties that the execution of such document by other holders of 28 legal, equitable or beneficial interests in the Project is not a 32 I condition precedent to this Agreement. 2 22 . ASSIGNMENT AND NOTICE 3 The Developer will have the right, from time to time, to 4 assign or transfer all or any part of its interest, rights or 5 obligations under this Agreement to third parties acquiring an 1 6 interest or estate in the Project, the Property or parts thereof 7 including, without limitation, purchasers pr long-term ground 8 lessees of .individual lots, parcels or any building located 9 within the Project; provided, however that the assignee or 10 transferee agrees to assume the Developer's obligations under 11 this Agreement. Although the approval of the City will not be 12 required for any such assignment or transfer, the Developer will 13 give prior written notice to the City of its intention to assign 14 or transfer any of its interest, rights or obligations under this 15 Agreement and any failure by the Developer to give such notice 16 will be curable in accordance with the provisions of Section 13 . 17 The express assumption of any of the Developer's obligations 18 under this Agreement by its assignee or transferee will thereby 19 relieve the Developer of any further obligations under this 20 Agreement. Notwithstanding the foregoing, the Developer will 21 have no obligation whatsoever to provide any notice to the City 22 when it intends to assign an interest in this Agreement and/or 23 the Property and the Project in connection with any transaction 24 which is entered into for the purpose of providing equity and/or 25 financing with respect to the Property and/or the Project. 26 23 . ENCUMBRANCES AND RELEASES ON REAL PROPERTY 27 23 . 1 Discretion to Encumber. The parties agree that this 28 Agreement will not prevent or limit the Developer in any manner, 33 t i I at th e Developer's sole discretion, from encumbering the 2 Property, or any part of the same including, without limitation, 3 improvement thereon, by any mortgage, deed of trust or other 4 security device securing financing with respect to the Property 5 or the Project. The City acknowledges that the lenders providing 6 such financing may require certain modifications and the City 7 agrees, upon request from time to time, to meet with the I 8 Developer ana/or the representatives of such lenders to negotiate 9 in good faith regarding any such request for modification. The 10 City further agrees that it will not unreason ably withhold its 11 consent to any such requested modification so long as the 12 modifications do not materially alter this Agreement to the 13 detriment of the City. 14 23 . 2 Entitlement to Written Notice of Default. Any lender 15 of the Developer which has requested notice in writing received 16 by the City, will be entitled to receive written notification 17 from the City of any uncured default by the Developer in the 18 performance of the obligations of the Developer under this 19 Agreement. 20 23 . 3 Property Subject to Pro Rata Claims. Any mortgagee or i 21 beneficiary which comes into possession of the Property or any 22 part thereof, pursuant to foreclosure of the mortgage or deed of 23 trust, or deed in lieu of such foreclosure, will take the 241 Property or part thereof, subject to any pro rata claims for 25 payments or charges by the City against the Property or part 26 thereof secured by such mortgage or deed of trust, which accrued 27 prior to the time that such mortgagee or beneficiary comes into 28 possession of the Property or part thereof. 34 i 1 23 . 4 Releases. The City hereby covenants and agrees that, 2 upon completion of the public improvements which are included 3 within the Project and payment of all fees required under this 4 Agreement with respect to the Property, the City will execute and 5 deliver to the Riverside County Recorder, an appropriate release 6 of the Developer, the Property and the Project from further 7 obligations under this Agreement, in form and substance 8 acceptable to the Riverside County Recorder, or as may otherwise 9 be necessary to effect such release. 10 24 . CONSTRUCTION. NUMBER AND GENDER 11 This Agreement will be construed as a whole according to its 12 common meaning and not strictly for or against either party in 13 order to achieve the objectives and purposes of the parties 14 hereunder. Whenever required by the context of this Agreement, 15 the singular will include the plural and vice versa, and the 16 masculine gender will include the feminine and neuter genders. 17 In addition "will" is the mandatory and "may" is the permissive. 18 25. INSTITUTION OF LEGAL ACTION 19 In addition to any other rights or remedies, either party 20 may institute legal action to cure, correct or remedy any uncured 21 default, to enforce any covenants or agreements herein, to enjoin 22 any threatened or attempted violation thereof or to obtain any 23 remedies consistent with the purpose of this Agreement. In the 24 event of any such legal action involving or arising out of this 25 Agreement, the prevailing party will be entitled to recover from 26 the losing party, reasonable litigation expenses, attorneys' fees 27 and costs incurred. The parties acknowledge that if a breach of 28 this Agreement by the City occurs, irreparable harm is likely to 35 1 occur to the Developer and damages may be an inadequate remedy. 2 Therefore to the extent permitted b law, the � P Y parties agree that 3 specific enforcement of this Agreement by the Developer is an 4 appropriate and available remedy, in addition to any and all 5 other remedies which may be available to the Developer under law 6 or at equity. 7 26. INSURANCE 8 The Developer agrees to and will hold the City, its 9 officers, agents, employees and representatives harmless from 10 liability for damage or claims for damage for personal injury, 11 including death and claims for property damage which may arise 12 out of the direct or indirect operations of the Developer with 13 respect to the Project, to the extent of the insurance described 14 below, To the same extent, the Developer agrees to and will 15 defend the City and its officers, agents, employees and 16 representatives from actions for damages caused by or alleged to 17 have been caused by reason of the Developer's activities with 18 respect to the Project. 19 This "hold harmless" agreement applies to all damages and 20 claims for damages suffered or alleged to have been suffered by 21 reason of the operations referred to in this Section, 22 Before beginning work on the Project, the Developer will 23 obtain the insurance required under this Section and receive the 24 approval of the City Attorney as to form, content, amount and 25 carrier and the Developer will maintain such insurance throughout 26 the term of this Agreement. The insurance will extend to the 27 City, its elective and appointive boards, commissions, officers, 28 agents, employees and representatives and to the Developer. In 36 . i 1 ' 2 3 4 5 6 7 i 8 9 I 10 11 PROPERTY 12 . 13 i i 14 j I 15 I 16 17 i 18 19 I 20. 21 22 23 EXHIBIT "A" 24 25 26 27 28 39 i I addition, the Developer will furnish to the City, before 2 beginning work on the Project, a certificate of insurance 3 constituting satisfactory evidence of the insurance required and 4 providing that each carrier is required to give the. city at least 5 10 days prior written notice by certified mail to the city Hall, 6 of the cancellation or reduction in coverage of any insurance. 7 26 . 1 Compensation Insurance. The Developer will maintain 8 Workers 'Compensation Insurance for all persons employed by the 9 Developer at the site of the Project. The Developer will require 10 each contractor and subcontractor to provide Workers Compensation 11 Insurance for their respective employees. The Developer agrees 12 to indemnify the City for damages resulting from the failure of 13 the Developer to take out and maintain such insurance. 14 26. 2 Public Liability and Property Damage Insurance. The 15 Developer will maintain public liability insurance in an amount 16 not less than $1, 000, 000 . 00 for injuries (including death) to any 17 one person and in an amount not less than $1, 000, 000. 00 on 18 account of any one occurrence; and property damage insurance in 19 an amount not less than $100, 000.00 for damage to the property of 20 each covered person on account of any one occurrence. 21 CITY APPROVED AS TO ORM & LEGALITY: 22 CITY OF LAKE ELSINORE, a munI pal corporation and 23 z polJL�cal subdivision of the JOHN R. FI U R, CITY A-I „PINES StaCalif is - 24 R , �4& By: 25 Mayor 26 EST: 27 C City Clerk 28 DEVELOPER 37 i 1 2 RIALTO DEVELOPMENT CORPORATION, a Texas corporation, doing 3 business as LD JOHNSON COMPANIES 4 By: Its 5 STATE OF CALIFORNIA ) 6 COUNTY OF Riverside ) ss. 7 On June N ar , 1990, before me, the 8 undersigned, a Notary Public in and for said State and County, personally appeared William H. Frey 9 personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the vice PresAf the Corporation that executed the 10 within instrument and acknowledged to me that such corporation 11 executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. 12 WITNESS my hand and official sea . 13 14 Notary Public and fo said State and Coun y 151 SEAL: 16 17 ,,; ", , OFFICIAL SEAL n��r11 ADRJA LEE BRYNING TJOTARY PU�C1C CALIFORNIA R1VER811)F couty Y Jr__ My cornet, expi;es AMAR 8, �993 19 20 21 22 23 24 25 26 27 28 39 ORDINANCE NO. 893 AN ORDINACE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 43 . 3 ACRES LOCATED NORTH OF THE TERMINUS OF WASSON CANYON ROAD, ONE-HALF MILE EAST OF I-15 AND ONE- HALF MILE SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL (R-R) TO LOW DENSITY RESIDENTIAL (R-1) . (PARTIN DEVELOPMENT CORPORATION) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 347-330-016; 347-330-019-2 ; 347-360-003 ; 347-360-004-; and 347-360-005. from Rural Residential (R-R) to Low Density Residential (R-1) on approximately 43 . 3 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 R-1 Zoning District. Approval is based on the following: 1. The proposed R-1 Zoning is not anticipated to have any significant adverse environmental impacts. 2 . The present R-R Zoning is not consistent with the requested General Plan Land Use Designation of Low Density Residential. 3 . The proposed R-1 Zoning is consistent with General Plan. 4 . The proposed zoning will facilitate compatibilitiy of land uses within the City' s General Plan and will bring the property's zoning into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 8th day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22th day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE fr Gary M. Washburn, Mayor CAJy of Lake Elsinore ATTEST: c � Vicki Lynn Yasa , ity Clerk City of .Ute Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: John Ha per C ty Attorney City of Lak 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 had its first reading on May 8 , 1990, and had its second reading on May 22, 1990 and was passed by the following vote: i AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VI KI NN AD, CIT CLERK f CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I 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 i correct copy of Ordinance No. 893 of said Council, and that the same has not been amended or repealed. i DATED: May 23 , 1990 ICK E S D, CITY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. R94 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE EAST FLOODPLAIN AREA AND CITY LAKE PERIMETER AREA TO INCLUDE IN THE MORATORIUM CERTAIN PROPERTIES AS FOLLOWS: 1) THE AREA NORTHERLY OF THE PROPOSED INLET CHANNEL DEFINED AS BEING BOUNDED ON THE WEST BY LAKEPOINT PARK, ON THE NORTH BY LAKESHORE DRIVE, ON THE EAST BY THE SAN JACINTO RIVER, AND THEN SOUTHEASTERLY TO THE NORTHERLY BOUNDARY OF THE INLET CHANNEL NEAR THE SOUTHERLY TERMINUS OF RAILROAD CANYON ROAD , 2) THE AREA LOCATED SOUTHERLY OF CEREAL STREET AND BOUNDED BY CORYDON ROAD ON THE SOUTHEAST AND THE CITY LIMITS ON THE SOUTHWEST AND 3) THE LAKE PERIMETER AREA BEGINNING AT THE CITY BOUNDARY AT BONNIE LEA DRIVE AND THE LAKE, CONTINUING SOUTHWESTERLY TO GRAND AVENUE, AND THEN INCLUDING ALL PROPERTIES LOCATED WITHIN THE LAKE SIDE BOUNDARIES OF GRAND AVENUE, RIVERSIDE DRIVE, AND LAKESHORE DRIVE, AND TERMINATING AT LAKEPOINT PARK. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the East Floodplain and City Lake Perimeter area. 2 . Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3 . Pursuant to California government Code Section 65858 current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the East Floodplain and City Lake Perimeter Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. SECTION TWO This Ordinance shall become effective upon its adoption and expire on July 24, 1990, unless subsequently extended in the manner required by law. PASSED, APPROVED AND ADOPTED this 22nd day of May, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: 1, WINKLER W'on�4A Gar ashburn, Mayor Cit f Lake Elsinore A TEST: Vicki Lyn a Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John-R. arp r, City Attorney City of Lake E1 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 had its first reading on May 22 , 1990, and had its second reading on May 22 , 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER S f C I LYNN SAD, C TY CLERK CITY OF LA 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. 894 of said Council, and that the same has not been amended or repealed. DATED: May 23 ,. 1990 VI C L NN. KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. 895 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 29.5 ACRES LOCATED ON THE EAST SIDE OF STONEMAN AND THE SOUTH SIDE OF THE CURRENT CITY LIMITS FROM RURAL RESIDENTIAL (R-R) TO SINGLE-FAMILY RESIDENTIAL (R-1) . (SOUTH LAKE ESTATES JOINT VENTURE) . THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 370-120--022 from Rural Residential (R-R) to Single-Family Residential (R-1) on approximately 29 . 5 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 R-1 Zoning District. Approval is based on the following: 1. The project will not have a significant impact on the environment. 2 . The project is consistent with the General Plan Land Use designation. 3 . The project is consistent with the pattern of recent approvals in the area. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 12th day of June, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of June, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER ABSTENTIONS: COUNCILMEMBERS: NONE i I 1 G ry M. Washburn, Mayor ity of Lake Elsinore A TEST: Vicki Lynn Kasad, Zfty Clerk City of Late Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: Joh'h Harpe , (Ti ttorney City of La a 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 had its first reading on June 12 , 1990, and had its second reading on June 26, 1990 and was passed by the following vote: AYES : COUNCILMEMBERS: BUCK, STARKEY, WASHBURN NOES: COUNCILMEMBERS : DOMINGUEZ, WINKLER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE I N SA ^; CIT C ERK CITY OF LAME SINORE (SEAL) i 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. 895 of said Council, and that the same has not been amended or repealed. DATED: June 28 , 1990 "LNE CITY CL RK ORE (SEAL) i i 4 ORDINANCE NO. 896 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN MAKING CERTAIN FINDINGS WITH RESPECT THERETO (MCARTHUR/GLEN GROUP) WHEREAS, there has been tried an application by the McArthur/Glen Group for the Lake Elsinore Outlet Center Specific Plan, an area which consists of 43 acres of land generally bounded by Nichols Road to the west, E1 Toro Road to the east, Collier Avenue to the south and Interstate 15 to the north for a retail outlet center; and WHEREAS, the Planning Commission has previously reviewed the EIR and has recommended that the City Council (1) certify that the EIR has been prepared in accordance with the requirements of the California Enviornmental Quality Act and the City' s CEQA Guidelines; and (2) approve the amended 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 information contained therein and in the other documents referred to therein. WHEREAS, the City Council has certified the EIR and has made the Findings required by Section 15091 (a) of the State CEQA Guidelines, attached hereto as Attachment A. that: NOW, THEREFORE, BE IT RESOLVED by the City Council Section 1: Upon the recommendation of the Planning Commission and based upon the Findings adopted hereby with regard to the approval of the Project, attached hereto as Attachment A, the City Council hereby (i) finds that , the Specific Plan for the Project area attached hereto as Attachment B is consistent with the General. Plan of the City, (ii) finds that the adoption of the Specific Plan is in the public interest, (iii) approves and adopts the Specific Plan, and (iv) approves and adopts the Mitigation Monitoring Program attached hereto as Attachment C. Section 2 : 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 be published and posted in the manner required by law. PASSED, UPON FIRST READING this 12th day of June, 1990, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINaUEZ, STARKEY, WINKLER NOES : COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: !,JASHBURN PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of 1990, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOPIINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WASHBURN Gar . Washburn, Mayor Ci y of Lake Elsinore ATEST: Vicki Lynn Kasad, City Clerk City of La Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: hn Harpe City Attorney City of La a 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 had its first reading on June 12 , 1990, and had its second reading on July 10, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES : COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS : WASHBURN i Iv` , CLERK CITY OF K ELSINORE k (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS : CITY OF LAKE ELSINORE) I. Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, i DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 896 of said Council, and that the I same has not been amended or repealed. DATED: July 1.8, 1990 k h t s VICKI LYNNE SAD, CITY CLERK CITY OF LAK LSINORE (SEAL) 1 i ORDINANCE No. 897 AN ORDINANCE OF THE CrfY OF LAKE ELSINORE IMPLEMENTING THE SURFACE MINING AND RECLAMATION ACT OF 1975. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,CALIFORNIA,ORDAINS AS FOLLOWS: WHEREAS, the City Council hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society, and the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect that public health and safety; and WHEREAS, the City Council further finds that the reclamation of mined lands as provided in this Ordinance will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land, by ensuring that the land is returned to a usable condition which is readily adaptable for alternative land use; and WHEREAS, the City Council further finds that surface mining takes place in diverse areas where the geologic,topographic,climatic,biological,and social conditions are significantly different, and reclamation operations and the specifications therefore may vary accordingly; and WHEREAS,the City Council further finds that the production and conservation of minerals should be encouraged while giving consideration to values relating to groundwater supply, recreation, watershed, wildlife, range and forage, and aesthetic enjoyments; and WHEREAS, the City Council further finds that it is necessary to regulate the conduct of surface mining operations to ensure that such operations are not detrimental to existing or future land uses and to protect the public health, safety, and general welfare. SECTION 1. TITLE. This Ordinance shall be known as the Surface Mining and Reclamation Ordinance. SECTION 2. PURPOSE AND INTENT. This Ordinance is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code. SECTION 3. DEFINITIONS. As used in this Ordinance, the following terms shall have the following meanings: a. Cam. The City of Lake Elsinore. b. Commission. The Planning Commission of the City of Lake Elsinore. C. Council. The City Council of the City of Lake Elsinore. d. Director. The Community Development Director of the City of Lake Elsinore. e. Exploration. The search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present. 1 f. Mined Lands. Includes the surface,subsurface,and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located. g. Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds,formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum. h. Mining Waste. Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations. i. Operator. Any person who is engaged in surface mining operations, himself,or who contracts with others to conduct operations on his behalf. j. Overburden. Soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations. k. Permit. Any formal authorization from, or approved by the city, the absence of which would preclude surface mining operations. 1. Person. Any individual,firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof. M. Prospecting. See "exploration." n. Reclamation. The process of land treatment that maximizes post-mining land use compatible with zoning and the general plan, and minimizes water degradation, air pollution, damage to aquatic or wildlife habitat,flooding,erosion, and other adverse effects from surface mining operations, including mined lands reclaimed as rapidly as it reasonably feasible to a usable condition for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiiing, revegetation, soil compaction, stabilization, or other measures. a. State Board. State Mining and Geology Board, in the Department of Conservation State of California. P. State Geology. Individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code. q. Surface Mining Operations. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits,open-pit mining of minerals naturally exposed,mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include,but are not limited to In-place distillation, retorting or leaching, and the production and disposal of mining waste. r. Use. The beginning of a substantial surface mining operation that is authorized, which construction must thereafter be pursued diligently to completion. 2 I SECTION 4. SCOPE. The provisions of this Ordinance shall apply to all areas of the City. The provisions of this Ordinance are not applicable to: a. Excavations or grading conducted for farming or on-site construction or the purpose of restoring land following a flood or natural disaster. b. Prospecting and exploration for minerals of commercial value where less than one thousand cubic yards of overburden is removed in any one location of one acre or less. C. Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location. d. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. e. Such other mining operations that the City determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Section 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975. SECTION 5. PERMIT AND RECIrA ON PLAN RE UIREMENT. Except as provided in Section 2776 of the Public Resources Code, as amended from time to time, no person shall engage or commence to engage in surface mining operations as defined in this Ordinance without first obtaining a permit to mine and approval of a reclamation plan, in accordance with the provisions set forth in this Ordinance and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. A fee as established for the permitted uses in a City fee resolution shall be paid to the city at the time of filing. a. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the city,and as called for by Section 2772 of California Surface Mining and Reclamation Act of 1975. No person who has either obtained a vested right to conduct a surface mining operation prior to January 1, 1976, or who holds a permit or was otherwise authorized to conduct surface mining by a lead agency pursuant to the California Surface Mining and Reclamation Act of 1975, shall be required to secure a permit pursuant to the provisions of this Ordinance as long as such vested right or permit or other authorization continues; provided, that no substantial change is made in that operation except in accordance with the provisions of this Ordinance. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore.Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. The expansion or extension of surface mining within a continuous or related ore body on property for which an individual has a vested right, permit or other authorization to mine shall not be declared a substantial change in operation under this section. b. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the city and receive within a period of twenty- four months, approval of a reclamation plan for operations to be conducted after 3 January 1, 1976,unless a reclamation plan was approved by the lead agency pursuant to the California Surface Mining and Reclamation Act of 1975,the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. C. Nothing in this Ordinance shall be construed as requiring the filing or a reclamation plan for,or the reclamation of,mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. d. The State Geologist shall be notified of the filing of all permit applications. This Ordinance shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation. e. All reclamation plans previously adopted shall remain in effect until modified as provided in this Ordinance. f. Upon the approval of the permit by the Planning Commission, the Planning Department shall issue the approved mining or reclamation permit. Such permit shall include issuance of a grading permit which shall allow the permittee to commence operations pursuant to the approved plan. g. Any permit that is granted shall be used within one year from the effective date thereof, or within the time limit that is set in the conditions of approval,which shall not exceed five years; otherwise, such permit shall be null and void. If, however, a reclamation permit has been granted which calls for the project to be completed in stages, then such permit shall renew for an additional one year term upon the completion of each phase as detailed in the approved reclamation plan. SECTION 6. CONTENTS OF MINING PLAN. The Mining Plan shall, to the extent practicable, provide all of the following information: a. The size and legal description of the lands that will be affected by the mining operations, and a map or maps showing the boundaries and topographic details of such lands, the location of all streams, roads, railroads, sewage disposal systems, groundwater basins,water wells, and utility facilities within 500 feet of the site, and the location of all proposed access roads to be constructed in conducting the surface mining operation; b. A description of the general geology of the area, and a detailed description of the geology of the area in which surface mining is to be conducted, including a description of depth to groundwater and quality of existing groundwater in the area; C. The anticipated progression of mining operations, including the proposed dates for the initiation and termination of the operations, and a time frame for each phase of operations; d. A description of and plan for the type of surface mining to be employed, including the complexity of the operation and the manner and degree to which the mined lands will be disturbed; e. A time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operations; 4 f. The maximum anticipated depth of the surface mining operations; g. The location of equipment, stockpiles, settling ponds, interim drainage systems, machinery and wastedumps in areas to be mined and the nature, quantity and location of any explosives to be stored at the site; h. The nature and extent of any discharge of liquid waste that may occur at the site, including where applicable, the direction of flow, methods of containment, and potential risk of water and/or groundwater contamination; i. The method of handling simultaneous excavation and reclamation if applicable; j. The anticipated type and.amount of minerals to be removed from the site and the truck routes to be used, the amount of mining waste to be retained on the site, and the amount of ruining waste to be disposed off-site, including the method and location of disposal and the truck routes to be used; k. The anticipated hours of operation, the maximum anticipated noise levels during operating hours, and the location and intensity of any lights to be used at the site; 1. The methods of dust control and noise suppression to be employed at the site; and M. The location and design of any structures to be erected at the site. SECTION 7. CONTENTS OF RECLAMATION PLAN. Each reclamation plan shall take into account the particular characteristics of the mined lands and the surrounding area, including type of overburden, soil stability, topography, geology,climate, stream characteristics, groundwater resources, and principal mineral commodities, and shall provide at least the following information: a. The environmental setting of the operation site and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands; b. The methods to be used to reclaim the land including a detailed schedule of the sequence and timing of all stages of the reclamation; C. The manner in which derelict machinery, mining waste and scrap will be removed from the reclaim site and how contaminants will be controlled; d. The manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur; e. The methods to be used to ensure that the site will contain stable waste piles and slopes; f. The anticipated physical condition of the site upon the completion of all reclamation, and the proposed use or potential uses of the reclaimed site; g. A map or maps which will delineate through the use of cross-sections and elevations the physical characteristics of the land upon the conclusion of reclamation, including a topographic map (to a scale of one inch equals 100 feet) showing the location of the reclaimed land; 5 i h. An explanation of how reclamation of the site may affect the future use of the area for mining purposes, including the effect the proposed reclamation may have upon the site's remaining unmined resources; i. An explanation of how the reclaimed site shall be, to the extent reasonable and practicable, revegetated for soil stabilization, made free of drainage and erosion problems, coordinated with present and anticipated future land use, and rendered compatible with the topography and general environment of surrounding property; j. A statement of how the public health and safety will be protected for the duration of the mining operations,giving consideration to the degree and type of present and probable future exposure of the public to the site; k. The name and address of the operator and the names and addresses of any persons designated by him as agents for the service of process; and 1. A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. SECTION 8. REVIEW PROCEDURE. The City shall review the permit application, reclamation plan and appropriate environmental documents and schedule a public hearing within thirty days of the date the Director deems the aforesaid material filed. Said public hearing shall be held by the Planning Commission for the purpose of coisideration of the issuance of a permit, review of the reclamation plan, or both. SECTION 9. PREREQUISITE CONDITIONS. Before a surface mining permit may be granted and before a :reclamation Flan rn.., be approved, it shall demonstrate: a. That thc: granting of the permit or approval of the plan will not be detrimental to the public health, welfare or safety or injurious to the property in such zone or vicinity; b. That adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses in a reasonably prudent and expeditious manner; C. That the utilization of such permit or implementation of such plan will be in compliance with the Lake Elsinore Municipal Code and will not adversely affect the general plan; d. That such plan or permit will to the extent possible encourage the production and conservation of minerals, and will to the same extent recognize and give consideration to values relating to recreation,watershed,wildlife, range and forage, and aesthetic enjoyment, and community development and amenities. SECTION 10. FINDINGS. Written findings of fact shall be made for each approval or denial of a plan or permit. The requirements of the California Environmental Quality Act shall be met. SECTION 11. CONDITIONS OF APPROVAL The approval of any plan or permit may be subject to conditions set forth in the findings of fact. Any plan or permit may be revoked by the same procedure by which it is granted if conditions of approval are not complied with or for violation of any law or regulation. 6 SECTION 12. PERFORMANCE BOND. Upon a finding by the Community Development Director that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the city manager of the cost, based on calculations of a qualified expert retained by the City, of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the City in a form and with content approved by the city attorney. Such surety shall be executed in favor of the City and reviewed and revised, as necessary. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period, or other reasonable term. The City may require other forms of guaranteed performance of the plan or permit. SECTION 13. PUBLIC RECORDS. Reclamation plans, reports, applications, and other documents submitted pursuant to this Ordinance, are public records unless it can be demonstrated to the satisfaction of the City that the release of such information, or part thereof, would reveal production reserves, or rate of depletion entitled to protection as proprietary information. City shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines and Geology by the City. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Public Resources Code as amended from time to time. SECTION 14. PERIODIC REVIEW. As a condition of approval for the permit or the reclamation plan, or both, a schedule for periodic inspections, to occur no less than once every six months, of the site shall be established to evaluate continuing compliance with the permit and reclamation plan. The cost of said inspections shall be borne by the permit holder. SECTION 15. AMENDMENTS. Amendments to an approved reclamation plan may be submitted to the City at any time, detailing proposed changet from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the City. Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan, including fees which may be reasonably imposed as a result of additional public hearings. Minor amendments to an approved reclamation plan shall be submitted for review and approval by the Community Development Director. SECTION 16. VARIANCE. Variances from an approved reclamation plan may be allowed upon request of the operator and applicant, if they are not one and the same, but only and upon a finding by the City that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land. SECTION 17. TENTATIVE TRACT MAPS. Following approval of a Reclamation Plan, if a Tentative Tract Map is subsequently approved by the Planning Commission or City Council which deviates from the approved Reclamation Plan but otherwise satisfies the contents of a Reclamation Plan as required in Section 7, then said Tentative Tract Map may, at the discretion of the permittee, supersede the approved Reclamation Plan without further Planning Commission or City Council approval provided that said Tentative Tract Map clearly states that the Tentative Tract Map is also being approved for the purpose of a Reclamation Plan in accordance with this Ordinance. The permittee may proceed with reclaiming the site using the approved Tentative Tract Map,but must provide written notice to the Director of Community Development advising that the approved Tentative Tract Map will be used. If no such written notice is provided, the approved Reclamation Plan shall remain in force. Where a Tentative Tract Map only covers a portion of 7 land already subject to an approved Reclamation Plan,the Tentative Tract Map may only supersede that portion of the Reclamation Plan covered by the Tentative Tract Map and the remaining portion shall be reclaimed in accordance with the approved Reclamation Plan. When no approved Reclamation Plan exists, the approved Tentative Tract Map shall act as said Reclamation Plan provided it meets all the conditions of this Ordinance. SECTION 18. ENFORCEMENT. The provisions of this Ordinance shall be enforced by any authorized member of the City or such other persons as may be designated by the City Council. SECTION 19. APPEAL. An appeal of the determination by the city manager in the exercise of the authority granted herein may be made to the Planning Commission. Appeal of a Planning Commission decision may be made to the City Council. All appeals must be filed within five working days after a decision and must be accompanied by an appeal fee equal to one-half the amount of the application fee. SECTION 20. SEVERABII.ITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this ordinance. 8 PASSED,APPROVED,AND ADOPTED this loth day of July, 199%pon following role call vote: AYES: COUNCILMEMBERS: BUCK, DON",INGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: 19: E Gary M. Wach�-.nrn, Ai SF: Mayor i . Jick.1 Lynne say;, Cif-,, Clerk (Seal) APPROVED AS O FORM AND LEGALITY: 4k fo�in R. Harper, Ci ttorney 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 had its first reading on July 10, 1990 and had its second reading on Jul 24, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINrUE7_, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AB,. U NTION'S: COUNCILMEMBERS: NONE Vicki Lynne Kagd, City Clerk (Seal) 9 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 ar,a o ,rf nine is a full, true and correct copy of Ordinance No. 897 , of said Council, and thht the same ha; not been amended or repealed. Vicki Lynne�,rasad, City Clerk (Seal) 10 ORDINANCE N0. 898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 17 . 11. 050 REGARDING THE CENTRAL BUSINESS OVERLAY DISTRICT THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: SECTION l: That Section 17 . 11. 050 be amended to read as follows: Section 17 . 11. 050 Design Review Committee. In order to accomplish the goals and objectives of the Design Guidelines, a Design Review Committee shall be established. Said Committee shall be five (5) members and composed of two representatives of the Downtown Business Association appointed by the City Council, two City Council members and Planning Commission Chairman (or designee) 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. I SECTION 2 : Effectiveness. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this loth day of July, 1990, upon the following roll call vote: AYES : COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCIL4EMBERS: NONE ABSENT: COUNCILMEMBERS : NONE ABSTAIN: COUNCILMEMBERS : NONE r PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of Daly , 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK DOMINGUEZ STARKEY WASfl'BURN NOES: COUNCILMEMBERS: WINKLER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE I f GARY M. WASHBURN, MAYOR TEST: CITY LAKE ELSINORE F IC I KASAD, CI CLERK CITY OF LA E ELSINORE A R VED S TO ORM & LEGALITY: JOHN R. , C 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 had its first reading on July 10, 1990, and had its second reading on July 24, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: WINKLER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNN, KASAD, CITY CLERK 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. 898 of said Council, and that the same has not been amended or repealed. DATED: July 27 , 1990 VIC�KI LY NNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. $99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH THE WEST LAKE ELSINORE DEVELOPERS (CENTEX REAL ESTATE, LA LAGUNA ESTATES, MARINITA DEVELOPMENT COMPANY, PREMIER HOMES, MEEKER DEVELOPMENT COMPANY, TOMICH/JONES, TORN RANCH, AND GOLDEN STATE DEVELOPMENT) . 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 The West Lake Elsinore Developers on July 18, 1990, 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 July 24, 1990, and found that (1) the Development Agreement is consistent with the City' s General Plan and the West Lake Elsinore Specific Plan and (2) the previously certified environmental impact report prepared for the West Lake Elsinore Assessment District 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 the West Lake Elsinore Developers, 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 24th day of July, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 14th day of August, 1990 upon the following roll call vote: Page 2 AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASH91IRN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: A',ONE ABSTENTIONS: COUNCILMEMBERS: NONE Lkx Ga y M. Washburn, Mayor LQ�ity of Lake Elsinore A�TtS T': Vicki Lynn Kasad, City Clerk City of La Elsinore (SEAL) APPROVEM AND LEGALITY: 411"aE John R. Ha p r, i Attorney City of Lake E inore i i i STATE OF CALIFORNIA ) f 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 had its first reading j on July 24 , 1990, and had its second reading on August 14, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE N E SAD, CI ` CLERK CITY OF KE ELSINORE j (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I 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. 899 of said Council, and that the same has not been amended or repealed. DATED: August 15, 1990 CKI ALYNNE�� K�ASAD, CITY CLERK CITY OF LAELSINORE I (SEAL) i ' E i ORDINANCE NO. 900 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 50 ACRES. LOCATED SUCH THAT IT IS SURROUNDED ON THREE SIDES BY THE RAMSGATE SPECIFIC PLAN AND THE WESTERN BOUNDARY IS ALONG THE SOUTHERLY EXTENSION OF TRELLIS LANE, SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL TO SPECIFIC PLAN. (THE CLURMAN COMPANY ZONE CHANGE 90-11) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 347-110-022, 347-110-024, 025, 026 from Rural Residential (R-R) to Specific Plan on approximately 50 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 SPD Zoning District. Approval is based on the following: 1. The project will not have a significant impact on the environment. 2 . The project is consistent with the General Plan Land Use designation. 3 . The project is consistent with the pattern of I recent approvals in the area. SECTION TWO: This ordinance shall become effective as provided by law. Page 2 Ordinance No. 900 INTRODUCED AND APPROVED UPON FIRST READING this 14th day of August, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, YASHRIIRN! NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of August, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ry M. Washburn, Mayor City of Lake Elsinore AT ST: Y-ki ynn Kasad, City C erk City c Lakd Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: L John Harper, tEffiore Attorney City of Lake TO PERRIS AND RIVERSIDE m m T.'f tZAG`r 74 '�'2343f GF FROM CORONA AND ORANGE COUNTY TUSCAN ' HILLS Al o� 9sr PRIMARY --D TO RIVERSIDE ACCESS ROAD -. LAKESHORE DRIVE CANYON ROAD �O LAKE v' ELSINORE Z A 9 TO SAN DIM , PROJECT VICINITY FIGURE 3 EXHIBIT A ------------ ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 160 ACRES LOCATED NORTH OF TUSCANY HILLS SPECIFIC PLAN AREA AND GREENWALD AVENUE NORTHWEST OF CANYON LAKE, AND SOUTHERLY OF DORCHESTER LANE TO R-1 (HPD) [SINGLE-FAMILY RESIDENTIAL DISTRICT-HILLSIDE PLANNED DISTRICT] (NORTH GATE DOWNS - R. BRUCE KEMPER ZONE CHANGE 89-13) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The 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 Number 349-250-013 , 014, 015, 016 from Rural Residential (2 .5 acres minimum lot size) to R-1 (HPD) (Single-Family Residential District-Hillside Planned Development Overlay District) on 160 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 R-1 (HPD) Zoning District. Approval is based on the following: 1. The project zoning is the most appropriate zone for standard single-family residential development. 2 . The proposed zoning is consistent with the residential zoning in surrounding City developments. 3 . The pre-zoning proposal is not inconsistent with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. V Page 2 Ordinance No. 901 INTRODUCED AND APPROVED UPON FIRST READING this 14th day of August, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of August, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE G ry M. Washburn, Mayor ity of Lake Elsinore ATTEST: icki .Lynn< Kasad, City Clerk City of La , Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harper, C ty Attorney City of Lake Wsinore I .SH � ��iS.SJ � t.L11� -.-.1.. Q C y"'''� �• ei ,�.:•.l ,`/....1--�.(G�l' t �l r .�_,;f�.•_ - ibp0.-,7 �„ /! L7 �n :� L,� i /•;"`+• {r f1 � •— I'' 'i' � l✓ .. ( � - 'lr{^ 's{I `_1 �� 1 f C 'y�•J,tl, I ��.r �1 r il�. fl �r •:fJ_� /J.� _„l� G5 ' -'z \ ,/ , , b „�-i ."-4•I• •mot'f � r / � I � pay I , ! c - �:J• a ;�� _ .7�f/ ,/(]/ � r�l 1��-, � ir(' `.�' - �r�65Q (�_.�_=y � .•f �C`� � �f � �-•'��-�1 'sti?_ �� T �1� ��( {�1� �� ``•+ �Q � � �',. �'•��' �•.�� '�� •% ��;�"�_�!!4,`fir PROJECT LOCATIONOQX Bt IL d LAKE ELSINORE CITY LIMITS 1 f� -- aV76C ` ��f�`�� .-. �739 r`SJ.K V V V V V�.,J fN �..� "j 1 ••`.�_ / 140 `J4FI S#NG, jr •i r , " r x�a��v ;SB� MQ!iY N 1 ' �� r-� i` l � _ 44 t*`p ��-� �•i'� / �` //7/ •` ! . ��^'� I�FA�' yr_ !J�i L! r�, 4a`!. _ ."-fG0011 \�� `` i( �,�j /.�� ,. 1.•v i��_r �� I,I � 1, �Y Y � 1.�/ €� I/k�• � .` rN,' ` `_ ,•�^ . • /' �i• I 1:L/� is f� d -�' +�' .•f /, ! j 1 •. .d / ! i _�_\} J,, g -r-- ?.----�-.• '1• � F sJ�." r�P' * jlsoo- .'.`�.lC�1JJlrJ'�ra-:_ .. '! : . `�— EXHIBIT A PFCOECT LOCATION ORDINANCE NO. 902 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE SECOND AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS, the City Council of the City of Lake Elsinore (the "City") has previously certified an Environmental Impact Report No. SCH 83071309 (the "EIR") with respect to the Ramsgate Development (the "Project") ; and WHEREAS, the City has caused a Supplemental EIR (SCH 88090525) and an Addendum to the EIR to be prepared which addresses the chages to the Project; and WHEREAS, the City has caused a Negative Declaration 90-6 with Mitigation Measures, to be prepared which reduces significant adverse impacts to levels of insignificance; and WHEREAS, the Planning Commission has previously reviewed the EIR, the Supplemental EIR, the Addendum and the Negative Declaration and has recommended that the City Council (1) certify that the Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act and the City's CEQA Guidelines; (2) approved the amended Specific Plan for the project; and WHEREAS, the City Council reviewed the Environmental documents prepared in accordance with the California Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council previously certified the Supplemental EIR and the Addendum to the EIR and has made the findings required by Section 1509 (a) of the State CEQA Guidelines, and has reviewed the Negative Declaration with its Mitigation Measures, attached hereto as Attachment A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN 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 Second Amendment to the Specific Plan for the Project area attached hereto as Attachment B is consistent with the General Plan of the City, (ii) finds that the adoption of the Specific Plan is in the public interest, (iii) approves and adopts the Second Amendment to the Specific Plan, and (iv) approves and adopts the Negative Declaration 90--6 Mitigation Monitoring Program attached hereto as Attachment A. Section 2 : 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 be published and posted in the manner required by law. Page 2 Ordinance No. 902 PASSED UPON FIRST READING this 14th day of August, 1990, by the following called vote: AYES: COUNCILMEMBERS: BUCK, DOMIN;UEZ, STARKEY, 1•!INKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 28th day of August, 1990, by the following called vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Gar Am. Washburn, Mayor C t of Lake Elsinore A'a"'EST: Ticki` s Lynne aa , City Clerk City of Lak Elsinore (SEAL) APPROVED AS TO FORM AND LEAGITY: John R. Harpe it ttorney City of Lake is nore i OFFICE USE ONLY Attachment A Negative Declaration No. 90-5 Project: T.T.M. 25831 CITY OF LAKE ELSINORE ENVIRONMENTAL ASSESSMENT FORM 1. Developer or Project: Contact Person: Don Clurman Address:- 455 Linden Street City: Laguna Beach CA Zip: 92651 Telephone Number: ( ) 497-3707 2. Environmental Information Prepared by: HUngaker & Associates Address:- 3 Hughes City: _ lxminr- CA Zip: 92718 Telephone Number: ( ) 583-_1010 3 . Proposed Pro�ect Title: entative Tract Map Location: AE 3A7-11-24,25.26 Total site acreage: Gross: .50,p Net: For Residential Project: Number of units: 201 Dwelling units per acre: 4 du/gross acre Unit sizes (square feet) : Attach brief description of proposed project, including intended use, and phasing of project, or if present project is a phase or portion of a larger project. 4 . List and describe any other related permits and other public approvals required for this project, including those required by local, regional, state, and federal agencies, not including approvals from the City, fire department, sheriff's department, and Elsinore Valley Municipal Water District. 5. Environmental Setting: Attach a description of the existing environmental setting of the project site and surrounding pro- perties, including information on topography, geo- logy, soil stability, plants, animals, and any cultural, historical, or scenic aspects. GENERAL EXISTING LAND USE ZONING PLAN Project site Vacant 2 Surrounding North Vacant 2 Surrounding East Vacant 1 Surrounding South Vacant Surrounding West Vacant �1 m a n 'e H g H r v H M n to b ty 'O H o Y g m �-M H w p' a 0ag ro a a rt_ i-,DIM 4a Ip naroa artm a -0 im H H r-W wV, n m 0 n 0 M W 0-ou o'v p tj .0 ro M Q• 0 tT p P. 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MANDATORY FINDINGS OF SIGNIFICANCE: a. Does the project have the potential to degrade the r quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild- life population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California / history or prehistory? ✓ b. Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? % C. Does the project have impacts which are individually limited, but cumulatively considerable? All of the above must be answered "no" for a negative declaration to be issued. II. DETERMINATION: The proposed project should not have a significant effect on the environment and a Negative Declaration will be prepared. Although the proposed project could have a signifi- cant effect on the environment, it will not in this case because of the attached mitigation measures. A Negative Declaration will be prepared. The proposed project may have a significant effect on the environment. An EIR is required. III. REVIEWED BY. DATE: .Z PLANNING DIRECTOR go_ ATE: z 1-23-86 TABLE I IG IE MITIGATION MONITORING PROGRAM J 1 199P DATE: 6/11/90 Plain: D: Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone BIOLOGICAL RESOURCES 1. The loss of approximately 1.5 acres of riparian habitat U.S. Army Corps of Prior to issuance ofgrad- shall be mitigated per the requirements of the ACOE Engineers,U.S.Fish and ing permits. (per Section 404 of the Clean Water Act) and the Wildlife Service, Cali- CDFG (per Section 1603 of the California Fish and fornia Department of Game Code). Fish and Game,City En- gineer,Community De- Developing the area would remove most of the exist- velopment Director ing vegetation and eliminate the natural animal and plantcommunities typical ofthe sage habitatsin south- ern California This direct loss of plant cover would result in indirect environmental impacts by changing water drainages in the area and the loss of protective cover and forage for various wildlife species. It is difficult to reduce impacts on the natural biota resulting from any extensive grading in the area; and as a mitigation measure,the project site will provide a natural open space area, a manufactured open space area,greenbelt areas as well as a passive park. This would not fully compensate for the biotic loss, but would certainly be preferable to a total loss of all existing habitat. Information was based on a zoologi- cal report prepared by Ultrasystems Environmental Services completed in June 1990. 2. Based on Stephens'kangaroo rat assessment prepared Community Prior to issuance of grad- by O'Farrell Biological Consulting and City of Lake Development Director ing permits. Elsinore,Stephens'kangaroo rat occupied habitat map (scale 2,000')dated April 6,1990,no Stephens'kanga- roo rat habitat has been identified on project site. 1 TENTATIVE TRACT 25831 MITIGATION MONITORING PROGRAM, CON'T. DATE: 6111/90 Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone BIOLOGICAL RESOURCES (continued) ._ 2.continued. Verification on Stephen's kangaroo rat survey pre- pared by O'Farrell Biological Consulting dated May 29, 19". Project site has no biological justification to be in- cluded within a study area - the area is highly dis- turbed,low quality habitat,and surrounded by expand- ing development.Without the disturbance,this habitat is marginal and cannot manage to support a significant population of SKR. 3. A black tailed gnatcatcher nest was found on site; since this species tends to be secretive, only two individuals were sighted of this small bird. The area is highly disturbed,low quality habitat and U.S. Fish and Wildlife Prior to issuance ofgrad- surrounded by expanding development. Without the Service, Community ing permits. Development Director disturbance,this habitat is marginal and cannot man- age to support a significant population of the black tailed gnatcatcher.U.S.Fish and wildlife are currently studying the status of this species in southern Califor- nia and will decide within ayear whethertochange this population's classification from category 2 to more protected status. No formal mitigation process has been established from the City of Lake Elsinore or the County of Riverside for the preservation of this species. This information was based on a zoological analysis pre- pared by Ultrasystems Environmental Services Dated June, 1990. 4. Impacts on rapptor foraging areas and sensitive wild- life species, including the California gnatcatcher, orange-throated whiptail,and San Diego horned liz- TENTATIVE TRACT 25831 MITIGATION MONITORING PROGRAM,CON'T. DATE: 6/11/94 Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone BIOLOGICAL RESOURCES (continued) ard,if found on site,shall be partially mitigated by the Community Prior to approval of setting aside of approximately 1.1 acres of open space. Development Director grading plans. However,this mitigation does not reduce the impacts on these species to a level below significant. Addi- tional mitigation for this loss of habitat and sensitive species is not available on the project site,therefore, the loss of foraging areas will be a significant unavoid- able direct impact of the project. The proposed development plan would necessitate extensive grading. This grading would result in the removal of all of the existing vegetation. No rare, threatened,or endangered plant species occur on the site. These findings were based on a plant and vegeta- tion assessment prepared by Ted L. Hanes, Ph. D., consulting botanist on June 4, 1990. EARTH RESOURCES 1. All loose alluvium,colluvium,and fill soils shall be City Engineer During grading removed to expose firm natural ground. The base of operations. these removals shall be inspected and approved by a qualified geologist. 3 TENTATIVE TRACT 25831 MITIGATION MONITORING PROGRAM,CON'T. DATE: 6/11/40 Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone EARTH RESOURCES 2. All surface drainage shall be directed away from the City Engineer Prior to issuance of tops of slopes and/orbuilding foundations.Pondingof grading permits. water in these areas shall not be allowed. 3. All structures shall be designed in accordance with the Chief Building Official Prior to issuance of current Uniform Building Code and the seismic design grading permits. parameters of the Structural Engineers Association of California. 4. Grading design guidelines specified in the Ramsgate City Engineer Prior to issuance of Specific Plan shall be reflected on grading plans. grading plans. 5. All grading and earthwork shall be performed under City Engineer During grading the observation of a geotechnical engineer,to ensure operations. proper subgrade preparation,selection of satisfactory materials,and placement and compaction of all struc- tural fill. 6. An erosion control plan shall be submitted. City Engineer Prior to issuance of grading permits. HYDROLOGY 1. Subsequent hydrology studies shall be prpeared indi- City Engineer Prior to issuance of eating how project grading in conjunction with the grading permits. drainage conveyance system (including applicable swales, channels, street flows, catch basins, storm drains,and flood water retarding)will allow building pads to be protected from inundation from rainfall runoff that may be expected from all storms up to and including the theoretical 100-year flood. TENTATIVE TRACT 25831 MITIGATION MONITORING PROGRAM,CON'T. DATE: 6/11190 Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone TRANSPORTATION AND CIRCULATION 1. The developer shall participate in a fair-share funding City Engineer Prior to issuance of any program for the upgrade of State Route 74 to urban certificate of occupancy arterial(134 foot right of way). permit. 2. 'Ile developer shall participate in a fair-share funding City Traffic Engineer, Prior to issuance of any program to provide,as determined by the city traffic Chief Building Official certificate of occupancy engineer,a coordinated set of traffic signals. permit. NOISE 1. An acoustical analysis report shall be prepared that Chief Building Prior to issuance of analyzes exterior areas of residential uses that are Official building permits. affected by noise levels in excess of 65 dB CNEL. Mitigation measures with acoustical reports shall be reflected in building plans,if required. 2. Dwelling units within a 65 dB CNEL contour,except Chief Building Prior to issuance of detached single-family dwellings,shall be designed to Official building permits. meet the California Sound Transmission Control Stan- dards,which require interior noise levels from exterior noise sources to not exceed 45 dB CNEL in any habitable room. CULTURAL RESOURCES 1. Based on a record search performed by Archaeologi- City Engineer Prior to issuance of cal Associates,Ltd.,no prehistoric or historic archaeo- grading permits. logical sites are recorded within the boundaries of the study area Since areasonably thorough investigation has failed to reveal the presence of any potentially significant cultural resources on the property,no fur- ther mitigation measures in conjunction with cultural resources are recommended. 5 TENTATIVE TRACT 25831 MITIGATION MONITORING PROGRAM,CON'T. DATE: 6111/90 Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone AESTHETICS 1. Project site will conform to landscape design guide- Community Prior to approval of final lines as provided by the Ramsgate Specific Plan. Development Director landscape plan. 2. Street lighting shall be designed per city requirements. City Engineer Prior to approval of the All other lighting shall be designed so as to confine final tract map. direct rays onsite. 3. A comprehensive set of architectural design guide- Community Prior to issuance of lines shall be approved. Development Director building permits. PUBLIC SERVICES AND UTILITIES 1. The project proponent shall enter into an agreement Riverside County Prior to approval of final with the Riverside County Sheriffs department estab- Sheriff Department, tract ma p. lishing the fair-share funding amount to provide sher- City Engineer iff services to project site. 2. A fuel modification plan shall be prepared and in- Chief Building Official Priortoismanceofbuild- stalled. ing permits. 3. A final water service plan for the project site shall be Elsinore Valley Prior to approval of final approved. Municipal Water map. District,City Engineer 4. The project shall comply with the water conservation Elsinore Valley Prior to building permit. method provided in the State of California Water Municipal Water Resources Board Health and Safety Code Sections District 17921.3 and 4047. TENTATIVE TRACT 25831 MITIGATION MONITORING PROGRAM,CON'T. DATE: 6/1 V" Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone PUBLIC SERVICES AND UTILITIES (continued) . .. 5. Final waterplans shall be designed for maximum Elsinore Valley Prior to approval of day demand plus fire demand. Municipal Water final map. Di strict,Riverside County Fire Department 6. A loop water line system shall be tied to the Elsinore Valley Prior to approval of existing or proposed Ramsgate project water Municipal Water District final map. line. 7. The developer shall design and construct all backbone Elsinore Valley Priorto issuance ofbuild- water facilities prior to bringing any highly combus- Municipal Water District ing permits except for tible materials into the area or indemnify the City. Chief Building Official model homes. 8. The developer shall extend all water lines to project Elsinore Valley Prior to approval of final boundaries as required. Municipal WaterDistrict map. Chief Building Official 9. A reduced-pressure-principle backflow device shall Elsinore Valley Prior to approval of final be provided for any irrigated landscaped areas within Municipal Water District map. the project and shall be reflected on the final water Riverside County Fire plans. Department 10. The developer shall participate in a fair-share funding Eb inoreValley Prior to recordation of to expand the regional treatment plant to accommo- Municipal any tract map. date the project sewage treatment demands. Water District, City Engineer 11. All offsite street improvementextensions"require ElsinoreValley Prior to approval of a sewer line extensions within the new street section. Municipal final tract map. Water District, City Engineer 7 TENTATIVE TRACT 25831 MITIGATION MONITORING PROGRAM,CON'T. DATE: 6/11/90 Verification of Responsible for Mitigation Compliance Mitigation Measures Monitoring Milestone PUBLIC SERVICES AND UTILITIES continued 12. The developer shall enter into an agreement which Community Prior to recordation of any indicates that the need for school services within the Development Director tract map. project site will be met through funding mechanisms. Lake Elsinore Unified School District 13. The developer shall satisfy all park requirements Community Services Prior to issuance of certifi- through a combination of park site dedications and in Director cate of use and occupancy lieu of park improvement fees. permit. 0 TYPICAL SECTIONS NOTES 1. IXE.1111D fARp VSE:VACANT. w.P 2 Fk6TRq Z(wM:Poi a ` A PIIDPOSEUZONNTi AA /) 1 4. PIgi05®lAM V9E:RE9t0ENML +\11 ` I I I � ��'//�/J/) /� /I b ARIt AE E011/IEAENf8 T08E 1c-TBV FEF6AMp�UAO �� r • e..r vr. _ ,: Y�Q _.a 1. WAT Ep.GGiwCE. 9v:Elfifirq��vNtEr MUNSVK 4... .�: � �� ,.I \ T �— f��/ `1 It. M66ERvcE PROr�DRr.WVTNEsw Cµ-.O�u WB 7RELLISLANE �}-,,.�.•• •� f 6W RAY.TRELLIS LANE -- - l 1 p= ..-----. _... .... - - V 1 ,a. TELEPNaNESE1MLEPRPODEDRr:aENEIq MEPIIOKGO. AND STREETS"C"-"H" AND STREETS••�«6"B�• r��' 'f"� \ "� I acAErDmw I I I T— � ALLAKAM SLDPE60I1 EalA1JON AREM.PTWATE DRAEi/OE I T.Fap4�8 5 �pq•\�� 1 FAcwres.xoADAocEss ErsE�aErns.Arm AnrorNEA \ nil �+, A39DCNTgN THE ASSDCUTgN SNA1L AE ESIIHi'�6�� ..XX,- �4 o ""1"`" 1 ; Aa+`�io�T mviTAT om�E"v5uror.�n ns' 'ivT.oTNe ;\ i - _ � �� A X >w 1 1 OEVFLDPYENT Dr1ECT0p Vn10SHAU REVRIYAll GC8a5 r � \ -- _ AllD frta.6 PDR TNEiR WEWW AW�gEOLE�EHE55,THE�• w.r. ro�R.�gYEOwR•' EA9oTinv. "' - ® TNlE R1nE NpNEOwHERSA59DGATgN. FN2• /..P• •npP! t® 1 is AAVI!IWEM IEmSEAt IAT6�:I.-Ga NOTED. .,•a,,,, ..�.,,• - { �� ... �, l 11. T DSANAPPL WT MRA0E1F10P1AEM PERM. TRELLIS LANE AND"C'STREET 'wiais.sic�s�.sTu1ni wsiX' LoTsm PER RAW Er « r « .. A•r 1 MAUWTE TETNATevETRACT3TiT, IA® ``♦- © ® • RM' . O � 1 IbTA'P.y^.WEPARH ® ® © 2� 0 ® ®;,_Q- a-Ta=-a-7 s RAMSGATE DRIVE Ea6l.ocvR[aW.d•wwDF 9�TAS�dT� fi i® . "� '' ®"�„� <.__. - . L 1 1 iomeNw'" Eo.x�mAeoc.Tp ' RIM) ® \ _ ® ♦ _O .' /'�M�m.W� � LEGAL mEsDrwASCRTENRoPPTIOsaN EAsrawv+TErc ANDTHe I _ �.� 'nc• � ._ ®®.®. Y -�V' 1 .am�wESTouAmvTaTTHEraarmxEsrwN+TenarTHeswnti .21 s° E"r w aRo".wawAR. DE'"couH"r"auaaa SLOPE DESIGNATIONS l+�A•• s.,�� i® � ® ♦ ® 's4••�� - �' @ �• � \\ t ® MAsnuHED erPusuc AQENcroR NO•E owrFRswssocurnN ®� ®'',,,A•' ✓.'; . '� �� ®. ®'®, w nn '® ®i \ \\ � \ ® uAwrAwEDer HDAE w•+esisAssouArax •�j ,[' / 9r `` ® ®\\ 2 a ®\ \ ® ® \ , , �V MANTMIE➢BYPRIVATEUMTJEx.^ a ®" "y=l, t ® c"�` nrn• •a\ O'®®J®. .®; %� to•\I,`,V(•� �� `�) /�oTEss STATEMENT OF OWNERSHIP � �� \ •'® { � y ♦♦ d. (��\\ ® � i5 �i i /♦ \ wL \ �� HEREsr CE(nFY THAT TMISW1P wASPR4PA1�pyxpER Mj1 -�'° �4 �`,�w.,,� ®®•®.®.®®.®'® ®, ,� MR..-p..�-w ®I, � ,�.l� � Da�AwA RmEr;-- ® \Q 3� yii n r / / SCALE a'.tar — VICINITY MAP iA. MA. ,Kr 6' -a'_I•'---�— ------,�.r-wy' • rl. H. ® i y/ F / DATE 5110190 O ® ! w.O.—zee PASSIVE PARK —. — �� vs LOT A © ? nr•.! s• ,ps' © J A ! GROSS AREA�A.AC.•l— F E...... •_�„� ll O CONTOUR INTERVAL--V.—Z. - E�- I --- —-- �, s+n �` - ;- - ♦ --- / TOTAL L0T5195 wry �... �r ��11(1) X 3 _\ E` �" - .��• I Y ♦n ! 1' / / PREPARED FOR: PREPARED BY: g PA•AgR.A lJ. 49 - - Y _;. '"_"T+ *"'„wb f y 1 / I I —�\4 ` The Clurman Company.Inc. �1 �\ w Rea[Estate Development / Y assummS— TC/i 1 l j / f I ,\\ IAe�RskU 97bi1 990C1Jlfta LFL a,E REVIlDM .r 4�[�I4q`�OM� �G3QC�4 Attachment B NO. 25831 sv m. AYa po P� FNANMiFF a Nr for wv G A VESTING TENTATIVE TRACT MAP ; As approved and modified by City Council Ordinance No. 902 ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 10. 68 ACRES FROM RURAL RESIDENTIAL (R-R) TO GENERAL COMMERCIAL (C-2) LOCATED BETWEEN DEXTER ON THE NORTHEAST AND INTERSTATE 15 FREEWAY ON THE SOUTHWEST AND THE EXISTING CITY BOUNDARIES ON THE NORTHWEST AND SOUTHEAST. (ZONE CHANGE 90-7: COASTAL VALLEY DEVELOPMENT) . 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: A portion of Lots 1 & 2, Block 5, and Lots 3 & 4 , Block 4 of the North Elsinore Tract as shown by map on file in Book 5, Page 105 of Maps, Riverside County Records, together with a portion of Dexter Avenue (existing) and a portion of Dexter Avenue (relocated) , and a portion of Third Street as shown on the Department of Transportation right-of-way Map No. 916532 , filed as No. 204-838, Riverside County Records, California. from R-R (Rural Residential) to C-2 (General Comia.,,ruial) on approximately 10. 68 acres, as illustrated in Exhibit "All atta:;hed 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 C-2 Zoning District. Approval is based on the following: 1. The proposed project will not have a significant impact on the environment. 2. The proposed project is within the City's Sphere of Influence and abuts the City limits. Therefore, the request is a logical extension to the City limits. 3 . The project as conditioned will provide the necessary public service to allow development. Page 2 Ordinance No. 903 SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th of August, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN PASSED, APPROVED AND ADOPTED UPON SECOND READING this llth day of September, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN I ll j ary M. Washburn, Mayor City of Lake Elsinore '['TES T Vicki Lytle Kasad, City Clerk City of Lake'- Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harp r, City Attorney City of La a Elsinore NOTE: 7/115 DRAWING DOES Nt'T EAT A LAND SUR✓EY. 51 leE r I of-1 s ururs lT S ONLY INTENT /5 CEP/CT rNE ATTACHED LEGAL ( xvpnom At , y�°r , c� N43'45'S9'E �� _ 53�8*1yAtQ NB°D178"W Ft1. �`� .r_ drP.O.b. a o N LY. CDR. L= t00.O6' 10T2 P 1O3.801 d :• Q=.4,49, Zi L'2/0.77 5� CNL794#5 RI& A5 SHOW -Ju MAPDN FILE AS M. IM-836 N �`• y $' OWE COUNTY REC. A: 9°14'.59" L- 161.44 ' P so.B9' N 270Z4 'ell,w \ \ A . 1 z ,,5-35'20" L' 97,5E N'W'1Y 117Y df UKE ELS/N0RE T 4&81 MYNDAKY PER ANN R70N M.3B XT•N0.16 3526 A7.7-25-85 °� �� °� ANNEXATION M. - I I No. 3bi$ `.c u. � Ev-P� -moo-9Z J,yT - ' ,��P CITY OF LAKE ELSINAff - /DR. LGT5 l t 2 / 5M.5 , I 6 LDT3 3 g4 Df 111E MRTY fifa W.CRdWE 6- 6 90 ELYINdRF TRACT, M.D. 5 //05 WTTERF 1 ELD ENL3 I NEER I NQ t "VEY I NG A DIVISION OF THE IEITH C"ANIU PLAWMI D CIVIL DiIAMING Dt"WO fTAL SMICIN APMITECTIIE L MCW.WE APMITWr= LAND NMWYING OM CWJWY 171EE1, BATE F. LIME UJIIOE. CA. trio 17I4) A4-4461 w0. 8Q294 i 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 had its first reading on August 28 , 1990, and had its second reading on September 11, 1990 and was passed by the following vote: I AYES: COUNCILMEMBERS:. BUCK, DOMINGUEZ, STARKEY, ` WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN ` VICKI LYNN KASAD, CI CLERK F CITY OF LA 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, j DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 903 of said Council, and that the same has not been amended or repealed. ATED: September 12 , 1990 1 1 ICKI LYN E KASAD, CITY CLERK I CITY OF RE ELSINORE (SEAL) l I ORDINANCE NO. 904 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .62 ACRES FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF POTTERY AND LANGSTAFF STREETS (ZONE CHANGE 90-10: GEORGE ALONGI) . 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 374-071-001, 002 , and 003 from R-2 (Medium Density Residential) to R-3 (High Density Residential) on approximately . 62 acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulatir.ns of the Zoning Ordinance relating to property located within such R-3 Zoning District. Approval is based on the following: 1. This request is consist 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 adverse impact on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. i Page 2 Ordinance No. 904 INTRODUCED AND APPROVED UPON FIRST READING this 28th of August, 1990, 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 September, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK DOMINGUEZ, STARKEY, WINKLER, WASH6URN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: I NONE 7 G ry M. Washburn, Mayor ity of Lake Elsinore A TEST: L�A dkl Vicki I;y:�ie Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED S TO FORM AND LEGALITY: Ha pe ity Attorney City of Lak lsinore '0147 0 IV 4!!�— fi IV e�— v/c Nl -y ft) it)' h P C 4i t i 4Y �4Y 1 1 3 74 STAIE a $ �4 s r r y t > EL 6 JUNIOR 00 ROAORUAf1ERR�: ram,; �t,,,a, y�M � ELSINGf•�wl NA - s� 'ar t' r"s •f�S �;�' v.`35144�i�l'k' 3'a �; G�� -v1 b1MCMWT "� SH 1 - _ •, pE�HEAFlOJIAA�A'*•: r� F>r[SINOR CNRIS[IAN COLLEGE i HM lake ' 4/ Elsinore w ASSESSOR PARCEL MAP l iro• (ate.-TE •• Aso /y1 23 •�r� M je 30' i 2 O 0 4y47 f/14— 1IJ93•M/ 0 _4/.*AC Y— �i 22 2J /6 (��x „ I 20 4 Q l3 19 I 6 3 /D 15 ` /B O /4 /7' I I J3 I l6 @ /5 4 a /2 - O 0 // /4 O 0, /3 ail I OT/ 072 62tAc Z ., B Iwo 'ea" ci C I 0 I 2 / 4 R .�Jn'l 3e' � I} .•e' -! - —- - IIT---Z d M#F� 4 V STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) i I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, i DO HEREBY CERTIFY that the foregoing Ordinance had its first reading i on August 28 , 1990, and had its second reading on September 11, 1990 and was passed by the following vote: i AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, i WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS : NONE E NNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) 'E 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. 904 of said Council, and that the r same has not been amended or repealed. DATED: September 12 , 1990 "OF SAD, CITY CLERK LSINORE (SEAL) r i ORDINANCE NO. 905 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCES. NO. 866, 859, AND 869 AND ADOPTING THE STEPHENS ' KANGAROO RAT MITIGATION FEE ORDINANCE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, s ORDAINS AS FOLLOWS: WHEREAS, The City Council of the City of Lake Elsinore did adopt an Interim ordinance No. 866 pursuant to Government Code Section 65952 on October 24, 1989, and WHEREAS, the City Council did adopt Interim Ordinance No. 859 pursuant to Government Code Section 65952 on June 13, 1989, and WHEREAS, the City Council did adopt Interim Ordinance No. 869 pursuant to Government Code Section 65952 on November 14, 1989, and WHEREAS, the City Council adopted the Interim Habitat Conservation Plan and implementing documents on May 22, 1990, and June 26, 1990, which nullify Interim Ordinances 866, 859, and 869. NOW THEREFORE BE IT DETERMINED AND ORDAINED AS FOLLOWS: 1. The foregoing recitals are true and correct; 2. Said ordinance shall provide as follows: SECTION 1. TITLE. This Ordinance shall be known as the Stephens' Kangaroo Rat Mitigation Fee Ordinance. SECTION 2. FINDINGS. The City Council finds and determines that: (a) The Stephens' kangaroo rat is listed as a threatened species by the State of California, and the California Department of Fish and Game has recommended changing its status to endangered. (b) The U. S. Fish and Wildlife Service has listed the Stephens' kangaroo rat as an endangered species, effective October 31, 1988, pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq. (c) Following the Federal listing of the Stephens' kangaroo rat as an endangered species, the occupied habitat of the species may not be altered without a Section 10(a) permit issued by the Secretary of the Interior. All requests for a Section 10 (a) permit must be accompanied by a Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service. Said permit will then allow for the loss of occupied habitat due to development on the basis that the Habitat Conservation Plan will provide protection for the species and guarantee its survival. (d) Development within the historical range of the Stephens ' .kangaroo rat has resulted in loss and degradation of occupied Stephens' kangaroo rat habitat, increased isolation of Stephens' kangaroo rat populations, reduction of potential habitat areas for future colonization, and elimination of corridors which allow the species to relocate as environmental conditions warrant. (e) The Stephens' kangaroo rat's survival cannot be insured on small isolated acreages surrounded by, or in close proximity to, development or human populations. (f) Impacts to the Stephens' kangaroo rat are not limited to loss or degradation of actually occupied habitat only. (g) The successful completion and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat would be jeopardized by not implementing a procedure that requires review of each proposed development within the fee assessment area to determine the best means of mitigating impacts to the Stephens' kangaroo rat. (h) Each proposed development project shall be reviewed to determine the most appropriate course of action to ensure the survival of the species through one or more of the following: (1) On-site mitigation of impacts to the Stephens ' kangaroo rat through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site, or (2) Payment of the. Mitigation Fee set by this ordinance, or (3) Any combination of (1) and (2) consistent with the intent and purpose of this Ordinance. A proposed development project may be referred, for review, to Federal and state resource agencies based upon criteria which may be established and agreed upon by the City, the County, and said agencies. (i) A program providing for on-site project mitigation in accordance with the development of a Habitat Conservation Plan will provide a mechanism for establishing sufficient habitat areas which can be effectively protected and managed for the Stephens' kangaroo rat's survival and recovery. (j ) Immediate implementation of this Ordinance is necessary to make use of other potential funding opportunities for the development and implementation of a Habitat Conservation Plan for the Stephens ' kangaroo rat. (k) The successful completion of a Habitat Conservation Plan depends upon providing protection to potential habitat reserve sites until the mechanisms for land acquisition contained within the Plan can be put into effect. (1) All Mitigation Fees collected pursuant to the provisions of this Ordinance shall be used for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat, including, but not limited to, the acquisition and management of habitat reserve sites, and for the application of a Section 10 (a) permit under the federal Endangered Species Act of 1973, as well as authorization to take the species pursuant to the California Endangered Species Act. (m) Adoption of this Ordinance will provide mitigation for projects within the historical range of the Stephens ' kangaroo rat allowing said projects to proceed during the preparation and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat, provided said projects are not located in areas identified as and meeting the criteria for potential habitat reserve sites needed for the conservation of the species. The approval of such development projects could jeopardize the survival , of the species and therefore would be inconsistent with a Habitat Conservation Plan, even if the Mitigation Fee is paid. (n) Adoption and implementation of this Ordinance demonstrates the City's intent to cooperate with federal and state agencies to provide for the survival of the Stephens' kangaroo rat. (o) The passage of this Ordinance is intended to be consistent with the requirements of state and federal environmental legislation, including the California Environmental Quality Act. 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 for a 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 or a combination of both is appropriate and furthers the ultimate Habitat Conservation Plan objectives. A proposed development project 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 or a combination of both, which upon implementation will satisfy U.S. Fish and 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. SECTION 4 . DEFINITIONS. As used in this Ordinance, the following terms shall have the following meanings: (a) BOARD OF SUPERVISORS. The Board of Supervisors of the County of Riverside. (b) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy" shall mean a certificate of occupancy as defined by state law. (c) CITY. The City of Lake Elsinore. (d) COUNTY. The County of Riverside. (e) DEVELOPMENT PERMIT. City approval of a tentative tract map, tentative parcel map, conditional use permit, public use permit, plot plan, surface mining permit, or grading permit pursuant to the provisions of all applicable City ordinances. Where a development project has been previously reviewed and approved pursuant to the provisions of this Ordinance, any subsequent implementing development permit shall not be subject to further review under this Ordinance. (f) FEE ASSESSMENT AREA. All real property located within the area described in Section 5 of this Ordinance. (g) FINAL INSPECTION. "Final Inspection" shall mean a final inspection as defined by the Uniform Building Code, 1988 Edition, or state law. (h) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section 10 (a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (i) MITIGATION FEE. The fee imposed pursuant to the provisions of this Ordinance. (j) PARCEL. All real property for which a development permit is applied for. (k) RESIDENTIAL UNIT. A building or portion thereof used by one (1) family and containing but one (1) kitchen, and designed for single-family residential purpose only. (1) SECTION 10 (a) PERMIT. A permit issued by the Secretary of the Interior pursuant to Section 10 (a) of the Federal Endangered Species Act of 1973 , 16 U.S.C. Section 1539. (m) STEPHENS ' KANGAROO RAT. An animal species known as Dipodomys Stephensi. (n) GRADING PERMIT. "Grading Permit" shall mean a grading permit as defined by the Uniform Building Code, 1988 Edition, provided, however, that for purposes of the Ordinance, "grading permit" shall not include the following: (1) A grading permit wherein grading was previously performed pursuant to a grading permit issued within one (1) year prior to November 15, 1988, and subsequently inspected and approved by the City of Lake Elsinore Department of Building and Safety. In addition, the area to be graded pursuant to said permit shall be the same or substantially the same area previously graded. (2) A grading permit for real property upon which a detached or attached second unit will be constructed pursuant to Section 17. 17 of the Lake Elsinore Municipal Code. SECTION 5. DESIGNATION OF THE FEE ASSESSMENT AREA. All those certain lands located in the City of Lake Elsinore, State of California, as hereinafter particularly described, and hereby designated as the Fee Assessment Area. Said Fee Assessment Area is described as follows: (See attached Legal Description) SECTION _6. MITIGATION FEE. All applicants for development Permits within the boundaries of the Fee Assessment Area who cannot satisfy mitigation requirements through on-site mitigation as determined through the environmental review process shall pay a Mitigation Fee of $1,950 per gross acre of the parcels proposed for development. However, for single-family residential development, wherein all lots within the development are greater than one-half (1/2) gross acre in size, and Mitigation Fee of $1, 000 per residential unit shall be paid, and for agricultural development which requires a development permit, a Mitigation Fee of $2 per square foot of the buildings to be constructed shall be paid provided that at no time shall such fee exceed the amount required to be paid if a fee of $1, 950 per gross acre were applied to the parcel proposed for agricultural development. SECTION 7. IMPOSITION OF FEE. No development permit for real property located within the boundaries of the Fee Assessment Area shall be issued or approved except upon the condition that on- site mitigation will be provided as determined through the environmental review process or the Mitigation Fee required by this Ordinance be paid, and it is determined that said development will not jeopardize the implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat. SECTION 8. PAYMENT OF FEE. The Mitigation Fee shall be paid upon issuance of a grading permit or a Certificate of Occupancy or upon final inspection, whichever occurs first. Payment of the Mitigation Fee shall satisfy City conditions of approval previously placed on development permits with regard to impact mitigation for the Stephens' kangaroo rat which have not been previously satisfied and no further review and approval pursuant to the provisions of this ordinance shall be required. SECTION 9. REDUCTION FOR NON-PROFIT ENTITIES. The fees required pursuant to Section 6 shall be reduced by 75 percent for non-profit entities. For purposes of this section, non-profit entities shall be defined as those entities identified in 26 U.S.C. Section 501(c) (3) . SECTION 10. EXEMPTIONS. For purposes of this Ordinance, the following types of development shall not be required to pay the I Mitigation Fee unless such development voluntarily participates in order to mitigate the disturbance of occupied Stephens' kangaroo rat habitat: (a) Reconstruction of any structure damaged or destroyed by fire or other natural causes; (b) Rehabilitation or remodeling of existing structures, or additions to existing structures; (c) Development of any parcel for which the California Department of Fish and Game has approved other mitigation procedures; (d) Development of any parcel owned and used by local, state or federal governments for governmental purposes (i.e. public works, schools) ; (e) Development of any parcel for which the Mitigation Fee has been previously paid. However, in instances where the fee previously paid was the fee for single-family residential development, wherein all lots within the development were greater than 1/2 gross acre in size, and the applicant for a development permit subsequently requests an increase in residential density or a change from a residential to a non-residential use, or in instances where the fee previously paid was the fee for agricultural development and the applicant for a development permit subsequently requests a change from an agricultural to a residential, commercial or industrial use, the fee shall be recalculated for the new density or use pursuant to the provisions of this ordinance. Any difference between the recalculated fee and the previously paid fee shall be required to be paid by the applicant. (f) The construction of public utility transmission facilities where ground surface is minimal or where substantially all of the disturbed ground surface can be restored to its original condition as may be determined by the Community Development Director. Said exemption shall not include substations, treatment facilities or pumping stations. (g) Development of any parcel for which approval of a tentative tract map, tentative parcel map, conditional use permit, public us permit, plot plan or surface mining permit is sought and said development will not require the construction of new or additional buildings or the grading of the parcel which may be considered negligible for insignificant as determined by the Community Development Director. (h) Development of any parcel for which approval of an amendment, minor change or revision to a tentative tract map or tentative parcel map is sought; or development of any parcel for which approval of a request for substantial conformance or a revised conditional use permit, public use permit or plot plan is sought; and all grading permits necessary for the development of the parcel have previously been issued. SECTION 11. REFUND. In the event that the fee provided for by the final Habitat Conservation Plan is less than the Mitigation Fee paid, the current property owner of record may apply for a partial refund of said fee. The amount of any refund due shall be determined by the City in its sole discretion after review of said application and shall be limited to the funds collected in excess of any amount received as a credit against the Interim Habitat Conservation Plan and Mitigation Fee. SECTION 12 . •FEE ADJUSTMENT. The City Council may periodically review and cause an adjustment to be made to the Mitigation Fee. By amendment to this Ordinance, the fee may be increased or decreased to reflect changes in estimated costs for the development, preparation and implementation of a Habitat Conservation Plan. The adjustment in the fee may also reflect changes in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to prepare and implement the Habitat Conservation Plan. Any adjustment in the fee shall be prospective only and shall become effective as of the date any such amendment is effective, provided, however, that the amount of the Mitigation Fee for any development permit shall be the fee in effect at the time of payment. SECTION 13 . FEE ADMINISTRATION. All Mitigation Fees collected pursuant to the provisions of this Ordinance shall be deposited into a Mitigation Fee Account. Funds in said account shall be expanded solely for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat, including the acquisition of habitat reserve sites, and for the application for a Section 10{a} permit under the Federal Endangered Species Act of 1973 . SECTION 14. VALIDITY. This Ordinance and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. If any part, sentence, paragraph, section or clause of this Ordinance, or its application to any person or entity is adjudge unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of this Ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this ordinance, or its application to other persons or entities. The City Council of the City of Lake Elsinore hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this 1 Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance. SECTION 15. CREDIT. Where a development project is subject to the provisions of a Development Agreement entered into with the City pursuant to the provisions of Government Code Section 65864 et. seq. and the project involves the construction of residential units, the Mitigation Fee required to be paid pursuant to the provisions of this Ordinance shall be reduced by $175 per residential unit. SECTION 16. URGENCY MEASURE. This Ordinance is an urgency measure and shall take effect immediately upon its adoption. Ordinance No. 869 previously provided for termination of the Mitigation Fee upon issuance of a Section 10 (a) Permit. it is anticipated that the Secretary of the Interior will approve an Interim Habitat Conservation Plan for the Stephens' kangaroo rat and issue a Section 10(a) permit during the month of July 1990. The Mitigation Fee is a required component of the Interim Habitat Conservation Plan for the Stephens' kangaroo rat. It is therefore necessary that this Ordinance be adopted as an urgency measure in order for the Mitigation Fee to remain in effect and for the immediate preservation of the species and the public peace, health and safety. The City Council declares that this Ordinance shall be construed as a continuation of existing Ordinance No. 869 and not as a new enactment, except as to any provisions of this Ordinance, which are inconsistent therewith. Any development permit previously issued pursuant to Ordinances No. 869 , 866, and 859 therewith shall be deemed to comply with this Ordinance. I PASSED, APPROVED AND ADOPTED this 28th day of August, 1990, upon the following roll call vote. AYES: COUNCILMEMBERS: 3UCK, DMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: LONE ABSENT: COUNCILMEMBERS: JONE ABSTAIN: COUNCILMEMBERS: ONE S L�-- , Ga M. Washborn, Mayor Cr y of Lake, tisinore I i A TEST: _ck4ynn � kasad, City ClerkCity Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: I i John R. Harpe ity Attorney City of Lake E nore 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 had its first reading on August 28, 1990 and had its second reading on September 11, 1990 and was passed by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOP1INGUEZ, STARKEY, WINKLER, WASHBU1;N NOES: COUNCILMEMBERS: • NONE i ABSENT: COUNCILMEMBERS: DONE ABSTAIN: COUNCILMEMBERS: NONE Vicki. ,7,ynne XAsad, City Cler City of Lake ' sinore .. I I i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) i 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. 9QL, of said Council, and that t same has not been amended or �epealed. I Vicki Lynne asad, City lerk City of Lak Elsinore (SEA',Z,) it I I I r 1 2 3 4 5 6 7 STEPHENS' KANGAROO RAT a FEE ASSESSMENT AREA 9 LEGAL DESCRIPTION 10 11 12 13 14 15 16 17 18 19 20 21 -- 22 Beginning at the intersection of the West line of the Northeast 1/4 of the Northeast 1/4 of Section 11, Township 2 South, Range 5 23 West with the northerly boundary line of the County of Riverside, California. 24 Thence Southerly along the West line of the Northeast 1/4 of the 25 Northeast 1/4 of said Section 11 to the Southwest corner thereof. 26 Thence Easterly along the South line of the Northeast 1/4 of the 27 Northeast 1/4 of said Section 11 to the Southeast corner thereof. Thence Southerly along the West line of Sections 12 and 13, 28 Township 2 South, Range 5 West to the Southwest corner thereof. ERALO J.GEERIJNGS COUNTY COUNSEL SUITE 300 3535.IOTH STREET -7- - RNERSIUE.CALIFORNIA 1 Thence Easterly along the South line of said Section 13 and the South line of Sections 18 and 17, Township 2 South, Range 4 West 2 to the Southeast corner thereof. 3 Thence Southerly along the West line of Sections 21, 28 and 33, Township 2 South, Range 4 West to the Southwest corner thereof. 4 Thence Westerly along the North line of Section 5, Township 3 5 South, Range 4 West to the Northwest corner thereof. 6 Thence Southerly along the West line of said Section 5 to the Southwest corner thereof. 7 Thence Westerly along the North line of Section 7, Township 3 8 South, Range 4 West and the North line of Sections 12, 11 and 10, Township 3 South, Range 5 West to its intersection with the 9 centerline of Victoria Avenue in the City of Riverside, California. 10 Thence Southwesterly along said centerline of Victoria Avenue to 11 its intersection with the North line of Section 19, Township 3 South, Range 5 West. 12 Thence Westerly along the North line of said Section 19 and the 13 North line of Section 24, Township 3 South, Range 6 West to the Northwest corner thereof. 14 Thence Southerly along the West line of said Section 24 to the r 15 Southwest corner thereof. 16 Thence Westerly along the North line of Sections 26 and 27, Township 3 South, Range 6 West to the Northwest corner thereof. 17 Thence Southerly along the West line of the Northwest 1/4 of said 18 Section 27 to the Southwest corner thereof. 19 Thence Westerly along the North line of the Southeast 1/4 of Section 28, Township 3 South, Range 6 West to the Northwest s 20 corner thereof. 21 Thence Southerly along the West line of the southeast 1/4 of said Section 28 and the West line of the East 1/2 of Section 33, 22 Township 3 South, Range 6 West to the Southwest corner thereof. 23 Thence Southerly along the West line of the East 1/2 of the West 1/2 of Section 4, Township 4 South, Range 6 West to the Southwest 24 corner thereof. 25 Thence Easterly along the South line of the East 1/2 of the West 1/2 and the South line of the West 1/2 of the East 1/2 of said 26 Section 4 to the Southeast corner thereof. 27 Thence Southerly along the West line of the East 1/2 of the East 1/2 of Section 9, Township 4 South, Range 6 West to the Southwest 28 corner thereof. GERALD J.GEERUNGS - COUNTYCOUNSEL SUITE 300 3535 LOTH STREET RIVERSIDE.CAUFORMA 1 Thence Easterly along the South line of the East 1/2 of the East 1/2 of said Section 9 to the Southeast corner thereof. !-� 2 Thence Southerly along the West line of Section 15, Township 4 3 South, Range 6 West to the centerline of Cajalco Road. 4 Thence Southwesterly along the said centerline of Cajalco Road to its intersection with the centerline of Interstate 15. 5 Thence Southeasterly along said centerline Interstate 15 to its 6 intersection with the West line of Section 1, Township 5 South, Range 6 West. 7 Thence Southerly along the West line of said Section 1 and the $ West line of the Northwest 1/4 of Section 12, Township 5 South, Range 6 West to the Southwest 1/4 thereof. 9 Thence Easterly along the South line of the Northwest 1/4 of said 10 Section 12 to the Southeast corner thereof. 11 Thence Southerly along the West line of the Southeast 1/4 of said Section 12 to the Southwest corner thereof. 12 Thence Easterly along the South line of said Section 12 to the 13 Southeast corner thereof. 14 Thence Southerly along the West line of the North 1/2 of the North 1/2 of Section 18, Township 5 South, Range 5 West to the 15 Southwest corner thereof. 16 Thence Easterly along the South line of the North 1/2 of the North 1/2 of said Section 18 to the Southeast corner thereof. 17 Thence Southerly along the West line of the South 1/2 of the 18 North 1/2 of Section 17, Township 5 South, Range 5 West to the Southwest corner thereof. 19 Thence Easterly along the South line of the South 1/2 of the 20 North 1/2 of said Section 17 to the Southeast corner thereof. 21 Thence Southerly along the West line of the South 1/2 of Section 16, Township 5 South, Range 5 West to the Southwest corner 22 thereof. 23 Thence Easterly along the South line of said Section 16 to the Southeast corner thereof. 24 Thence Southerly along the West line of the North 1/2 of Section 25 2, Township 5 South, Range 5 West to the Southwest corner thereof. 26 Thence Easterly along the South line of the North 1/2 of said 27 Section 22 to the Southeast corner thereof. 28 Thence Southerly along the West line of the Southwest 1/4 of OERALD J.GEERUNGS COUNTY COUNSEL SUITE 300 -9 3535-LOTH STREET • RIVERSIDE.CALIFORNIA r 1 Section 23, Township 5 South, Range 5 West to the Southwest corner thereof. �. • 2 Thence Easterly along the South line of the Southwest 1/4 of said 3 Section 23 to the Southeast cornet- thereof. 4 Thence Southerly along the West line of the Northeast 1/4 of Section 26, Township 5 South, Range 5 West to the Southwest 5 corner thereof. 6 Thence Easterly along the South line of the Northeast 1/4 of said Section 26 to the Southeast corner thereof. 7 Thence Southerly along the West line of the Southwest 1/4 of g Section 25, Township 5 South, Range 5 West to the Southwest corner thereof. 9 Thence Easterly along the South line of the Southwest 1/4 of sai Yr 10 Section 25 to the Southeast corner thereof. 11 Thence Southerly along the West line of the East 1/2 of Section 36, Township 5 South, Range 5 West to the Southwest corner 12 thereof. 13 Thence Easterly along the South line of the East 1/2 of said Section 36 to the Southeast corner thereof. 14 Thence Southerly along the West line of the Northwest 1/4 of 15 Section 6, Township 6 South, Range 4 West to the Southwest corner thereof. 16 Thence Easterly along the South line of the Northwest 1/4 of said " 17 Section 6 to the Southeast corner thereof. 18 Thence Southerly along the West line of the Southeast 1/4 of said Section 6 to the Southwest corner thereof. 19 Thence Easterly along the South line of the Southeast 1/4 of said 20 Section 6 to the Southeast corner thereof. 21 Thence Southerly along the West line of the Northwest 1/4 of Section 8, Township 6 South, Range 4 West to the Southwest corner 22 thereof. 23 Thence Easterly along the South line of the Northwest_ 1/4 of sai Section 8 to the Southeast corner thereof. 24 Thence Southerly along the West line of the Southeast 1/4 of said 25 Section 8 to the Southwest corner thereof. 26 Thence Easterly along the South line of the Southeast 1/4 of said Section 8 to the Southeast corner thereof. 27 Y Thence Southerly along the West line of Section 16, Township 6 28 South, Range 4 West to the Southwest corner thereof. GERALD J.GEERUNGS , COUNTY COUNSEL SIRTE 300 3535•IOTH STREET -1 0- RIVERSIDE.CALIFORNIA 1 Thence Easterly, along the South line of said Section 16 to the Southeast corner thereof. ( ' 2 Thence Southerly along the West line of the West 1/2 of Section 3 22, Township 6 South, Range 4 West to the Southwest corner thereof. 4 Thence Easterly along the South line of the West 1/2 of said 5 Section 22 to the Southeast corner thereof. 6 Thence Southerly along the West line of the Northeast 1/4 of Section 27, Township 6 South, Range 4 West to the Southwest 7 corner thereof. 8 Thence Easterly along the South line of the Northeast 1/4 of saic Section 27 to the Southeast corner thereof. 9 Thence Southerly along the West line of the Southwest 1/4 of 10 Section 26 and the West line of the Northwest 1/4 of Section 35, Township 6 South, Range 4 West to the Southwest corner thereof. 11 Thence Easterly along the South line of the Northwest 1/4 of saic 12 Section 35 to the Southeast corner thereof. 13 Thence Southerly along the West line of the Southeast 1/4 of saic Section 35 to the Southwest corner thereof. 14 Thence Westerly along the south line of projected Section 35 and 15 Section 34, Township 6 South, Range 4 West to its intersection / with the Northerly Boundary Line of The Santa Rosa Rancho. 16 Thence Northwesterly and Southwesterly along said boundary line 17 to its intersection with the centerline of Via Serreno. 18 Thence Southwesterly along said centerline of Via Serreno and the centerline of Hombre Lane to its intersection with the centerlim 19 of Avenida La Cresta. 20 Thence Southeasterly along said centerline of Avenida La Cresta to its intersection with the centerline of Sierra Maria Road. 21 Thence Northerly along the centerline of Sierra Maria Road to it! 22 intersection with the centerline of Buenos Tiempos Road. 23 Thence Northwesterly along said centerline of Buenos Tiempos Roac to its intersection with the centerline of Via Caballos. 24 Thence Southwesterly and Northwesterly along said centerline of 25 Via Caballos to its intersection with the centerline of Avenida Castilla. 26 Thence Northeasterly along said centerline of Avenida Castilla tc 27 its intersection with the centerline of Avenida La Cresta. 28 Thence Northwesterly along said centerline of Avenida La Cresta GERALD J.GEERUNGS - COUNTY COUNSEL SWE 300 "'1 3535•IOTH STREET RIVERSIDE.CALIFORNIA ......,. - -. .. ... ..--...... .I_.-...-.._. - . . - .- ......... ....... - - - WOM.�. 1 to its intersection with Calle Centro. ` 2 Thence Northerly along said centerline of Calle Centro to its intersection with Avenida Arbolos. 3 Thence Easterly along said centerline of Avenida Arbolos to its 4 intersection with the centerline of Via Majorca. 5 Thence Northeasterly along said centerline of Via Majorca to its "``� intersection with Via Vista Grande. 6 Thence northeasterly along said centerline of Via Vista Grande to 7 the most Westerly corner of Parcel 7 of Record of Survey recorded in Book 54, Page 59, in The County of Riverside, California. 8 Thence North 74 Degrees 38139" East a distance of 532.451 . 9 Thence North 04 Degrees 15'22" East a distance of 800.00' . �. 10 - Thence South 85 Degrees 44138" East a distance of 4011.731 . 11 Thence North 54 Degrees 49153" East a distance of 1308.880 to the 12 Northeasterly boundary line of The Santa Rosa Rancho. 13 Thence Southeasterly along said Northeasterly boundary line to the most Easterly corner of Parcel 3 of a Parcel Map recorded in 14 Book 106, Pages 29 through 36, in The County of Riverside, California. 15 Thence continuing South 47 Degrees 19101" East along said 16 Northeasterly boundary line a distance of 8883.691 . W 17 Thence leaving said boundary line South 41 Degrees 42123" West a distance of 185. 621 . 18 Thence South 13 Degrees 07127" East a distance of 185.971 . 19 Thence South 43 Degrees 24126" West a distance of 1230.441 . 20 Thence South it Degrees 33109" West a distance of 1121.891 . 21 Thence South 64 Degrees 12110" West a distance of 1753.2411 to an 22 angle point in the boundary of Parcel Map No. 19515 recorded in Book 119, Pages 27 and 28, in the County of Riverside, 23 California. 24 Thence Southwesterly along said boundary South 85 Degrees 50107" West a distance of 1083 .421 . 25 Thence North 02 Degrees 26146" East a distance of 1171.031 . 26 Thence North 51 Degrees 08117" East a distance of 311.411 . 27 Thence North 42 Degrees 05120" West a distance of 443.631 . 2$ GEAALO J.GEERLlNGS Thence North 17 Degrees 33108" West a distance of 556.921 . CGU"COUNSEL SUITE 300 3535'KITH STREET -12- RIVERSIDE.CALIFORNIA r I Thence North 03 Degrees 1112611 East a distance of 751.381 . 2 Thence North 47 Degrees 401311I West a distance of 226.421 . 3 Thence South 49 Degrees 2510411 West a distance of 740.541 . 4 Thence North 54 Degrees 33151" West a distance of 1187. 101 . 5 Thence North 30 Degrees 57150" East a distance of 870.64 . 1 6 Thence North 79 Degrees 18105" West a distance of 584.421 . 7 Thence North 39 Degrees 00128" West a distance of 386.671 . 8 Thence South 60 Degrees 08158" West a distance of 358.061 . 9 Thence South 35 Degrees 5111911 West a distance of 1063.121 . 10 Thence North 12 Degrees 26134" West a distance of 858.581 . 11 Thence North 30 Degrees 44133" East a distance of 481.791 . 12 Thence North 68 Degrees 1913011 West a distance of 462.921 . 13 Thence South 72 Degrees 55147" West a distance of 418.381 . 14 Thence North 79 Degrees 18103" West a distance of 397.361 . 15 Thence North 08 Degrees 5810611 East a distance of 701.961 . 16 Thence North 79 Degrees 34151" West a distance of 817.941 . " 17 Thence South 69 Degrees 36106" West a distance of 329.911 . 18 Thence South 26 Degrees 53149" West a distance of 580. 011 . 19 Thence South 79 Degrees 3814311 West a distance of 785.061 . 20 Thence leaving said Parcel Map boundary in a Northwesterly direction North 52 Degrees 2414111 West a distance of 4453 . 071 to 21 an angle point in the boundary line of Parcel Map No. 19516, recorded in Book 119, Pages 22 through 26, in the County of 22 Riverside, California. 23 Thence continuing Northwesterly along said boundary line North 69 Degrees 4512611 West a distance of 661.921 to the centerline of 24 Clinton Keith Road as shown on said Parcel Map. 25 Thence Southerly along said centerline of Clinton Keith Road South 15 Degrees 5814511 West a distance of 1167.821 to the 26 beginning of a tangent curve, concave to the East, and having a radius of 3600.001 . 27 Thence Southerly along said curve through a central angle of 14 28 Degrees 2112011 and having a length of 901.991 . GERALD J.GEERLINGS COUNTYCOUNSEL SUITE 30D 3535.10TH STREET -13 RIVERSIDE.CALIFORNIA 1 Thence South 01 Degrees 3712511 West a distance of 1010.951 to the beginning of a tangent curve, concave to the East, and having a 2 radius of 600o.00' . 3 Thence Southerly along said curve through a central angle of 05 Degrees 0313311 and having a length of 529.791 . 4 Thence South 03 Degrees 2610811 East a distance of 456.531 to the 5 beginning of a tangent curve, concave to the West, and having a +:{ radius of 2000.001 s Thence Southerly along said curve through a central angle of 15 7 Degrees 4012211 and having a length of 547.081 . 8 Thence leaving said centerline in a Westerly direction North 74 Degrees 2513811 West a distance of 7844 .891 to an angle point on 9 the most Westerly boundary line of Parcel Map No. 22375, recorded in Book 144, Pages 7 through 10, in The County of Riverside, 10 California. 11 Thence Southerly along said boundary line South 12 Degrees 4711:, West a distance of 1707.191 . 12 Thence South 21 Degrees 5805811 West a distance of 3527.681 to a 13 point on the centerline of Sierra Allena as shown on said Parcel Map. 14 Thence Easterly and Southeasterly along said centerline to its 15 intersection with the centerline of Tenaja Road as shown on said Parcel Map. 16 Thence Southwesterly and Southerly along said centerline to a 17 point, said point also being an intersection with the centerline of Avacado Mesa as shown on Parcel Map 19516, recorded in Book 18 119, Page 22 through 26, in The County of Riverside, California. Said point also being the beginning of a non-tangent curve, 19 concave to the North, and having a radius of 1400. 001 . A radial line from said point bears South 00 Degrees 2212811 West. 20 Thence Easterly along said curve and said centerline of Avacado 21 Mesa through a central angle of 10 Degrees 0410211 and having a length of 245.991 . 22 Thence North 80 Degrees 1812611 East a distance of 559. 101 . 23 Thence leaving said centerline along the Southerly boundary lin 24 of said Parcel Map South 01 Degrees 58118f1 East a distance of 1125.461 . 25 Thence North 55 Degrees 4512411 East a distance of 819.601 . 26 Thence South 75 Degrees 0302711 East a distance of 797.861 . 27 Thence South 47 Degrees 33158f1 East a distance of 608.301 . 28 Thence North 35 Degrees 37125 East a distance of 978.341 . l GEAALD J,GEEALINGS CMNTY COUNSEL SUITE 300 "*4" 3S35•IOTH STREET RIVERSIDE.CALIFORNIA e 1 Thence North 87 Degrees 44152" East a distance of 839.891 . _i 2 Thence North 62 Degrees 38114" East a distance of 2703 .031 . 3 Thence South 54 Degrees 15129" East a distance of 617.251 . 4 Thence North 78 Degrees 40127" East a distance of 1462.831 . 5 Thence South 69 Degrees 27130" East a distance of 2370.441 . 6 Thence South 20 Degrees 06129" East a distance of 1570.291 . 7 Thence North 56 Degrees 07125" East a distance of 777.481 . 8 Thence North 15 Degrees 23024" East a distance of 906.541 . 9 Thence North 86 Degrees 25118" East a distance of 1321.761 . 10 Thence North 65 Degrees 36125" East a distance of 300.231 . 11 Thence North 19 Degrees 24152" West a distance of 4974. 391 . 12 Thence North 01 Degrees 51113" East a distance of 785.931 . 13 Thence North 32 Degrees 04145" West a distance of 380.821 . 14 Thence North 61 Degrees 2213811 West a distance of 669.331 . f 15 Thence leaving the boundary of said Parcel Map North 45 Degrees 0110311 East a distance of 5251.91, to an angle point in the 16 Northwesterly boundary line said Parcel Map No. 19516. 17 Thence Southeasterly along said boundary line South 15 Degrees 0811711 East a distance of 1653. 191 . 18 Thence South 27 Degrees 02139" West a distance of 368. 261 . 19 Thence South 02 Degrees 47123" East a distance of 742. 671 . 20 Thence South 53 Degrees 14119" East a distance of 720. 311 . 21 Thence South 19 Degrees 31144" East a distance of 916.701 . 22 Thence North 84 Degrees 07141" East a distance of 711.711 . 23 24 Thence South 11 Degrees 22153" East a distance of 424.061 . ' Thence South 54 Degrees 58153" East a distance of 179.721 . 25 Thence North 61 Degrees 33154" East a distance of 396. 561 . 26 27 Thence South 18 Degrees 51158" East, a distance of 636. 641 . Thence North 52 Degrees 26117" East a distance of 1090.831 . 28 1iERALDJ.GEERUNGS Thence South 54 Degrees 33 '49" East a distance of 612.681 . - COUNTY COUNSEL SUITE 300 3"S•1 OTH STREET -15- RIVERSIDE,CALIFORNIA 1 Thence South 13 Degrees 02107" East a distance of 1024.251 . 2 Thence South 36 Degrees 58148" East a distance of 526.981 . 3 Thence South 76 Degrees 34T3l" East a distance of 681.251 . 4 Thence South 54 Degrees 54112" East a distance of 941.251 . 5 Thence North 69 Degrees 28121" East a distance of 553.521 . 6 Thence South 74 Degrees 21123" East a distance of 653.971 . 7 Thence North 38 Degrees 52112" West a distance of 2216.151 . 8 Thence North 28 Degrees 21103" East a distance of 456.681 . 9 Thence North 81 Degrees 1210211 East a distance of 709.991 . 10 Thence leaving the boundary line of said Parcel Map South 24 Degrees 58152"East a distance of 405.021 to the most westerly 11 corner of Parcel 84 of Parcel Map recorded in Book 2, pages 42 through 68, in the County of Riverside, California. 12 Thence Northeasterly along the Northwesterly boundary line of 13 said Parcel 84 North 43 Degrees 04123" East a distance of 1355.031 to the most Westerly corner of Parcel 85 of said Parcel 14 Map. 15 Thence Northeasterly along the Northwesterly boundary line of said Parcel 85 North 65 Degrees 35121" East a distance of 16 1437.561 to the centerline of DeLuz Road. 17 Thence Northerly and Northeasterly along said centerline to its intersection with the Northeasterly boundary line of The Santa 18 Rosa Rancho. 19 Thence along said boundary line South 47 Degrees 19101" East a distance of 6731.561 . 20 Thence South 47 Degrees 18154" East a distance of 2168. 171 . 21 Thence South 39 Degrees 48145" East a distance of 5192 . 671 . 22 Thence leaving said boundary line North 44 Degrees 52156" East a 23 distance of 2590.771 24 Thence South 45 Degrees 05153" East a distance of 1431.391 . 25 Thence South 44 Degrees 55154" West a distance of 793. 371 . 26 Thence South 38 Degrees 21130" East a distance of 2638.921 to the beginning of a non-tangent curve, concave to the North, and 27 having a radius of 4550.001 . A radial line bears North 00 28 " Degrees 37107 West. GFJTALp J.GEERUNGS Thence Northwesterly along said curve through a central angle of COUNTY COUNSEL - SUITE 3DO 3535•IOTNSTREET "16- RIVERSIDE.CALIFORNIA 1 06 Degrees 1910011 and having a length of -901.621 . 2 Thence North 83 Degrees 0315311 East a distance of 1140.231 . 3 Thence South 06 Degrees 5610711 East a distance of 44.001 . 4 Thence South 26 Degrees 1610419 East a distance of 369.981 . 5 Thence South 00 Degrees 4315911 West a distance of 259.981 . 6 Thence South 71 Degrees 46111" East a distance of 305. 001 . 7 Thence South 54 Degrees 16111" East a distance of 380.000 . 8 Thence South 85 Degrees 16127f1 East a distance of 439.971 . 9 Thence South 53 Degrees 4611611 East a distance of 269.991 . 10 Thence South 33 Degrees 5913011 East a distance of 348.671 . 11 Thence South 45 Degrees 2844311 East a distance of 300.811 . 12 Thence South 45 Degrees 30101f1 East a distance of 226.240 . 13 Thence South 45 Degrees 2814311 East a distance of 1954.041 . 14 Thence South 44 Degrees 3111411 West a distance of 206. 391 . 15 Thence South 15 Degrees 3912111 East a distance of 1945. 581 . 16 Thence South 45 Degrees 2610411 East a distance of 1495.921 . M 17 Thence South 19 Degrees 5415411 East a distance of 235.931 . 18 Thence South 70 Degrees 1214011 West a distance of 1495. 311 . 19 Thence South 33 Degrees 2814311 East a distance of 543.701 . 20 Thence South 39 Degrees 4514911 East a distance of 408.241 . 21 Thence South 49 Degrees 0411111 East a distance of 1528.811 . 22 Thence South 50 Degrees 0712111 West a distance of 2306.791 . 23 Thence North 39 Degrees 4712411 West a distance of 370.041 to the Southeasterly boundary line of The Santa Rosa Rancho. 24 Thence Southwesterly along said Southeasterly boundary line of 25 the Santa Rosa Rancho to its intersection with the West line of Section 24, Township 8 South, Range 3 West. 26 Thence Southerly along the West line of said Section 24 and the 27 West line of Sections 25 and 36, Township 8 South, Range 3 West to the Southwest corner thereof. Said corner also being a point 28 on the Southerly boundary line of the County of Riverside, ERALD J.GEERUNGS COUNTY COUNSEL SUITE 300 353S-IOTH STREET -1 7- WERSIDE.CALIFORNIA !Mr"�v i 1 California. 2 Thence Easterly along said Southerly boundary line to its intersection with the East line of the West 1/2 of the West 1/2 3 of Section 33, Township 8 South, Range 2 West. 4 Thence Northerly along the East line of the West 1/2 of the West 1/2 of said Section 33 to the Northeast corner thereof. 5 Thence Easterly along the South line of the East 1/2 of the West 6 1/2 of Section 28, Township 8 South, Range 2 West to the Southeast corner thereof. 7 Thence Northerly along the East line of the East 1/2 of the West 8 1/2 of said Section 28 to its intersection with the Southeasterly boundary line of the Little Temecula Rancho. 9 Thence from said intersection Northeasterly to the intersection 10 of the centerline of De Portola .Rd. and the centerline of Butterfield Stage Rd. 11 Thence along said centerline of De Portola Rd. a distance of 12 1110.00' said point being on a line between the Southeast corner of Section 14, Township 7 South, Range 2 West and the 13 intersection of the North-South quarter section line of Section 28, Township 8 South, Range 2 West with the Southerly boundary 14 line of The Little Temecula Rancho. Said line hereinafter referred to as Line "A". 15 Thence along said line "A" South 21 Degrees 03143" West a 16 distance of 3503. 491 . 17 Thence leaving said line "A" North 83 Degrees 52128" East a distance of 1391.95' to the beginning of a tangent curve concave Z8 to the Northeast and having a radius of 2000.001 . 19 Thence Northwesterly along said curve through a central angle of 01 Degrees 07157" a distance of 39.531 . 20 Thence North 22 Degrees 56122" West a distance of 295.47 ' to the 21 beginning of a tangent curve concave Southerly and having a radius of 3000.001 . 22 Thence Easterly along said curve through a central angle of 01 23 Degrees 24138" a distance of 73.861 . 24 Thence tangent from said curve North 81 Degrees 39122" East a distance of 2497.32 ' to the beginning of a tangent curve concave 25 Northwesterly and having a radius of 4200.001 . 26 Thence Easterly along said curve through a central angle of 10 Degrees 54122" a distance of 799.461 . 27 Thence tangent from said curve North 70 Degrees 45100" East a 28 distance of 5147.52 ' to the beginning of a tangent curve concave GERALD J.GEERUNGS COUNrVCOUNSEL SUITE 300 3W-IOTH STREET ],8 RIVERSIDE,CAUfORNIA i A 1 southerly and having a radius of 4200.001 . ( 2 Thence Northeasterly along said curve through a central angle of 17 Degrees 00124" a distance of 1246.291 . 3 Thence tangent from said curve North 87 Degrees 45106" East a 4 distance of 1635.731 to the beginning of a curve concave Northwesterly and having a radius of 6250.001 . < 5 Thence Easterly along said curve through a central, angle of 36 6 Degrees 39021" a distance of 3998.531 . 7 Thence tangent from said curve North 51 Degrees 05145" East a distance of 2355.021 to the beginning of a tangent curve concave 8 Southeasterly and having a radius of 10540.001 . 9 Thence Easterly along said curve through a central angle of 35 Degrees 30113" a distance of 2852.041 . 10 Thence South 20 Degrees 58119" East a distance of 325.301 to the beginning of a non-tangent curve concave Southerly and having a radius of 3000.001 . A radial line bears North 23 Degrees 23140" 12 West. 13 Thence southerly along said curve through a central angle of 57 Degrees 07125" a distance of 2991.741 . 14 Thence South 86 Degrees 39142" East a distance of 284 . 321 . 15 Thence South 46 Degrees 49132" East a distance of 555. 371 . 16 Thence South 38 Degrees 39135" East a distance of 224. 111 . 17 Thence South 51 Degrees 24155" East a distance of 185. 071 . 1.8 Thence South 80 Degrees 50116" East a distance of 157. 001 . 19 Thence North 88 Degrees 31125" East a distance of 194. 061 . 20 Thence North 62 Degrees 25122" East a distance of 632 . 911 . 21 Thence North 38 Degrees 17125" East a distance of 435.731 . 22 Thence North 22 Degrees 28146" East a distance of 156.921 . 23 Thence North 40 Degrees 01149 ' East a distance of 163 .251 . 24 Thence South 65 Degrees 57121" East a distance of 142 . 351 . 25 Thence North 10 Degrees 10109" East a distance of 226. 561 . 26 Thence North 61 Degrees 41157" East a distance of 295. 301 . 27 Thence North 88 Degrees 27106" East a distance of 185.07 $ . f 28 Thence South 66 Degrees 48105" East a distance of 228.470 . iERALDJ.GEERUNGS - - COUNTYCOUNSEL SUfTE 300 3535-IOTN STREET _1 9 RfVERSIDE.CALIFORNIA i 1 Thence South 15 Degrees 27130' East a distance of 420.201 . 2 Thence South 29 Degrees 10158" East a distance of 303.531 . 3 Thence South 43 Degrees 59142" East a distance of 201.561 . 4 Thence South 56 Degrees 18136" East a distance of 246.330 . 5 Thence South 78 Degrees 06141" East a distance of 97.081 . 6 Thence South 01 Degrees 58103" East a distance of 145.091 . 7 Thence South 25 Degrees 13116" East a distance of 152.541 . g Thence North 27 Degrees 26106" East a distance of 206.191 . 9 Thence South 49 Degrees 53157" East a distance of 248.391 . x 10 Thence, North 87 Degrees 03151" East a distance of 390.511 . 11 Thence North 68 Degrees 38101" East a distance of 397.401 . 12 Thence North 56 Degrees 46106" East a distance of 173.351 . 13 Thence North 62 Degrees 06110" East a distance of 288.531 . 14 Thence North 53 Degrees 23134" East a distance of 218. 001 . 15 Thence South 04 Degrees 23155" West a distance of 130. 381 . ll 16 Thence South 26 Degrees 33154" West a distance of 368.951 . 4. ' 17 Thence South 36 Degrees 09130" West a distance of 322.021 . 18 Thence South 27 Degrees 19126" West a distance of 337. 681 . 19 Thence South 22 Degrees 30146" West a distance of 445. 191 to the beginning of a tangent curve concave Northeasterly and having a 20 radius of 250.001 . 21 Thence Southeasterly along said curve through a central angle of 112 Degrees 58116" a distance of 492.931 . 22 Thence tangent to said curve North 89 Degrees 32130" East a 23 distance .of 247.521 . 24 Thence South 81 Degrees 07109" East a distance of 161.941 . 25 Thence South 13 Degrees 14126" West a distance of 87.321 . 26 Thence South 73 Degrees 14115" East a distance of 86.681 . 27 Thence North 19 Degrees 17124" East a distance of 127. 140 . 28 Thence North 77 Degrees 49143" East a distance of 260.860 . GERALO J.GEERUNGS COUNTY COUNSEL SUITE 300 Ms'IOTH STREET -2 0- RIVERSIOE.CALIFORNIA 1 Thence South 85 Degrees 41160" East a distance of 133.381 . 2 Thence North 62 Degrees 5110l" East a distance of 131.491 . 3 Thence North 78 Degrees 41124" East a distance of 127.481 . 4 Thence South 69 Degrees 26138" East a distance of 128.161 . 5 Thence South 42 Degrees 46' 03" East a distance of 544.891 . 6 Thence North 25 Degrees 38128" East a distance of 544.891 . 7 Thence South 49 Degrees 53157" East a distance of 248.391 . 8 Thence South 17 Degrees 06110" East a distance of 136.011 . 9 Thence North 11 Degrees 04113" East a distance of 234.361 . 10 Thence South 86 Degrees 54121" East a distance of 185.271 . 11 Thence South 09 Degrees 51157" East a distance of 116.731 . 12 Thence North 46 Degrees 32154" East a distance of 130.861 . 13 Thence North 82 Degrees 14105" East a distance of 111.021 . 14 Thence South 71 Degrees 33154" East a distance of 110.681 . 15 Thence South 20 Degrees 11139" East a distance of 92.701 . 16 Thence South 00 Degrees 58116" West a distance of 118.021 . 17 Thence South 17 Degrees 44141" West a distance of 131.241 . 18 Thence North 71 Degrees 04131" East a distance of 185.001 . 19 Thence North 23 Degrees 11155" East a distance of 190. 391 . 20 Thence South 75 Degrees 57150" East a distance of 103 . 081 . 21 Thence South 23 Degrees 57145" East a distance of 147.731 . 22 Thence South 33 Degrees 18138" East a distance of 209.401 . 23 Thence North 58 Degrees 14126" East a distance of 123. 491 . 24 Thence South 72 Degrees 05122" East a distance of 276.391 . 25 Thence South 06 Degrees 52154" West a distance of 292. 101 . 26 Thence South 22 Degrees 39134" West a distance of 111.621 . 27 Thence South 44 Degrees 20102" West a distance of 121.631 . 28 Thence South 16 Degrees 14120" East a distance of 107.281 . ERALD 1.GEERUNGS COU14TY COUNSEL SUITE 300 3535•10TH STREET -2 1- RIVERSIDE.CALIFORNIA r 1 1 Thence South 06 Degrees 28159" West a distance of 132.851 . 2 Thence South 38 Degrees 1311311 West a distance of 101.831 . 3 Thence South 02 Degrees 07'16" East a distance of 270. 191 . 4 Thence South 34 Degrees 31141" West a distance of 303.451 . 5 Thence South 29 Degrees 21128" West a distance of 91.791 . , oR4y 6 Thence South 11 Degrees 33136" East a distance of 224 .561 . 7 Thence South 04 Degrees 0510811 West a distance of 140. 361 . 8 Thence South 41 Degrees 11109" West a distance of 106.301 . 9 Thence South 11 Degrees 46106" West a distance of 122 .581 . 10 Thence South 23 Degrees 11155" West a distance of 114.241 . 11 Thence South 53 Degrees 07148" West a distance of 125.001 . 12 Thence South 38 Degrees 59128" West a distance of 96.30' to the beginning of a tangent curve concave Northwesterly and having a 13 radius of 325.001 . 14 Thence Westerly along said curve through a central angle of 56 Degrees 1715611 a distance of 319.351 . 15 Thence tangent to said curve North 84 Degrees 42136" West a 16 distance of 97.261 . 17 Thence South 78 Degrees 53113" West a distance of 130.451 to the beginning of a tangent curve concave Southeasterly and having a 18 radius of 75. 001 . 19 Thence Southerly along said curve through a central angle of 128 Degrees 19141" a distance of 167.981 . 20 Thence tangent to said curve South 49 Degrees 26128" East a 21 distance of 137.311 . 22 Thence South 86 Degrees 3310911 East a distance of 83. 151 . 23 Thence South 31 Degrees 13135" West a distance of 187. 111 . 24 Thence North 82 Degrees 14105" East a distance of 111.021 . 25 Thence South 36 Degrees 42110" West a distance of 205.801 . 25 Thence South 78 Degrees 15157" West a distance of 255.34 to the beginning of a tangent curve concave Easterly and having a radius 27 of 30.001 . 28 Thence Southerly along said curve through a central angle of 142 GERALD J.GEERUNGS COUNTYCOUNSEL - SUITE 3M 3535.10TH STREET -2 2- RMARSIDE.CALIFORNIA r� 1 1 Degrees 41104" a distance of 74.711 . 2 Thence tangent to said curve South 64 Degrees 25007" East a distance of 223.801 . 3 4 Thence South 59 Degrees 02 '10" East a distance of 145.771 . 5 Thence South 39 Degrees 02108" East a distance of 238. 171 . Thence West a distance of 170.001 . 6 7 Thence South 25 Degrees 12104" East a distance of 187.881 . Thence South 36 Degrees 52112" East a distance of 102. 01' to the 8 beginning of a tangent curve concave Westerly and having a radius of 95.00 ' . 9 Thence Southerly along said curve through a central angle of 91 10 Degrees 46127" a distance of 152. 171 . 11 Thence tangent to said curve South 54 Degrees 54115" West a distance of 128.121 . 12 Thence South 68 Degrees 27132" West a distance of 204.271 . 13 Thence South 41 Degrees 11'09" West a distance of 106. 301 . 14 Thence South 81 Degrees 01139" West a distance of 96. 281 . ! � 15 Thence South 03 Degrees 00146" East a distance of 95.131 . 16 Thence South 39 Degrees 59113" West a distance of 202.301 . 17 Thence South 07 Degrees 07130" East a distance of 241. 871 . 18 Thence South 55 Degrees 29129" West a distance of 291.251 . 19 Thence South 77 Degrees 04126" West a distance of 120. 28 ' to the 20 beginning of a tangent curve concave Southeasterly and having a radius of 300.001 . 21 Thence Westerly along said curve through a central angle of 65 22 Degrees 24153" a distance of 342. 511 . 23 Thence North 65 Degrees 00100" East a distance of 125.001 . 24 Thence North 55 Degrees 00129" East a distance of 122.071 . 25 Thence North 72 Degrees 53150" East a distance of 204 .021 . 26 Thence North 81 Degrees 42151" East a distance of 416.351 . 27 Thence East a distance of 50.001 . • (^ 28 Thence North 19 Degrees 39114" West a distance of 193 .261 . GERALD J.G£ERUNGS COUNTY COUNSEL SUITE 300 JSJs-tOTH STREET "2 3 RIVERSIDE.CALIFORNIA 1 Thence North 39 Degrees 48120" East a distance of 101.531 . 2 Thence North 17 Degrees 39100" East 115.431 . 3 Thence North 32 Degrees 32130" East 124.561 . 4 Thence North 47 Degrees 24148" East a distance of 184.721 . 5 Thence South 04 Degrees 21125" West a distance of 105.301 . 6 Thence South 30 Degrees 52100" East a distance of 101.361 . 7 Thence South 47 Degrees 45122" East a distance of 145.781 . 8 Thence North 55 Degrees 26115" East a distance of 109.291 . 9 Thence South 89 Degrees 27116" East a distance of 210.011 . � 10 Thence South 27 Degrees 12158" East a distance of 393.571 . 11 Thence South 33 Degrees 41124" East a distance of 108. 171 . 12 Thence South 66 Degrees 48105" East a distance of 114.241 . 13 Thence South 27 Degrees 17158" East a distance of 174 .431 . 14 Thence North 16 Degrees 41157" East a distance of 104.401 . 15 Thence North 74 Degrees 49138" East a distance of 183. 391 . 16 Thence South 74 Degrees 11'51" East a distance of 110. 161 . 17 Thence North 10 Degrees 181171 East a distance of 134. 161 . 18 Thence South 86 Degrees 11109" West a distance of 120.271 . 19 Thence South 76 Degrees 33105" West a distance of 94 . 591 . 20 Thence North 66 Degrees 22114" West a distance of 174 .641 . 21 Thence North 43 Degrees 34104" West a distance of 113 . 171 . 22 Thence North 00 Degrees 46127" West a distance of 148.011 . 23 Thence East a distance of 110.001 . 24 Thence North 73 Degrees 47128" East a distance of 83.84 ' to the beginning of a tangent curve concave Northwesterly and having a 25 radius of 180.001 . 26 Thence Easterly along said curve through a central angle of 55 Degrees 47113" a distance of 175.261 . 27 Thence tangent to said curve North 18 Degrees 00115" East 28 157.081 . GERALD J.GEERLINGS �- COUNTV COUNSEL SUITE 300 3535•IGTHSTREET -24- RIVERSIDE.CALIFORNIA 1 Thence East a distance of 130. 001 . 2 Thence North 06 Degrees 37157" West a distance of 173 . 161 . 3 Thence North 66 Degrees 25131" West a distance of 120.021 . 4 Thence North 24 Degrees 05115" West a distance. of 93. 111 . 5 Thence North 40 Degrees 47141" East a distance of 96.431 . 6 Thence North 01 Degrees 281081I West a distance of 117.041 . 7 Thence North 75 Degrees 41120" East a distance of 101. 141 . 8 Thence North 34 Degrees 59131" West a distance of 122.071 . 9 Thence South 87 Degrees 16125" East a distance of 210.241 . 10 Thence North 15 Degrees 51122" West a distance of 277.221 . 11 Thence North 15 Degrees 56143" West a distance of 109.201 . 12 Thence North 19 Degrees 08 '01" West a distance of 259.331 . 13 Thence South 87 Degrees 47151" East a distance of 130. 101 . 14 Thence South 68 Degrees 11155" East a distance of 107.701 . 15 Thence South 51 Degrees 20125" East a distance of 192.091 . 16 Thence North 13 Degrees 12104" West a distance of 166.401 . 17 Thence South 80 Degrees 45152" East a distance of 124. 621 .. 18 Thence North 33 Degrees 10 '43" West a distance of 155. 321 . 19 Thence North 53 Degrees 15109" East a distance of 93.601 . 20 Thence North 85 Degrees 06103" East a distance of 140.51' . 21 Thence South 72 Degrees 53150" East a distance of 136. 021 . 22 Thence North 76 Degrees 51110" East a distance of 140. 691 . 23 Thence North 80 Degrees 52111" West a distance of 113.441 . 24 Thence North 52 Degrees 07130" West a distance of 114.021 . 25 Thence North 76 Degrees 45134" West a distance of 174.641 . 26 Thence South 86 Degrees 03117" West a distance of 145.341 . 27 Thence North 40 Degrees 5415211 East a distance of 99.251 . 28 Thence North 50 Degrees 11140" East a distance of 195.261 . HERALD J.GEERLINGS COUNTY COUNSEL SURE 300 353 IM STREET -25- • RIVERSIDE.CALIFORNIA 1 Thence North 03 Degrees 10147" East a distance of 90. 141 . 2 Thence North 48 Degrees 07020" East a distance of 194.741 . 3 Thence South 79 Degrees 02145" East a distance of 157.881 . 4 Thence North 14 Degrees 51101" West a distance of 136.561 . 5 Thence North 83 Degrees 22145" East a distance of 112.751 . 6 Thence North 25 Degrees 10125" West a distance of 110.491 . 7 Thence North 36 Degrees 28109" West a distance of 143.001 . 8 Thence North 57 Degrees 59141" East a distance of 94.341 . 9 Thence North 29 Degrees 03117" East a distance of 102.961 . 10 Thence North 59 Degrees 0211011 West a distance of 87.461 . 11 Thence North 01 Degrees 47124" East a distance of 160.081 . 12 Thence North 14 Degrees 11137" West a distance of 265.091 . 13 Thence North 22 Degrees 55156" West a distance of 141. 161 . 14 Thence North 03 Degrees 24123" West a distance of 168.301 . 15 Thence South 67 Degrees 54146" East a distance of 372 .321 . 16 Thence South 80 Degrees 13103" East a distance of 176.571 . 17 Thence South 42 Degrees 17114" East a distance of 283.871 . 18 Thence South 41 Degrees 49113" West a distance of 127.481 . 19 Thence South 30 Degrees 22145" West a distance of 168. 081 . 20 Thence South 65 Degrees 39132" West a distance of 230.491 . 21 Thence South 79 Degrees 27158" East a distance of 246. 151 . 22 Thence South 20 Degrees 28120" East a distance of 80.061 . 23 Thence South 27 Degrees 00146" West a distance of 286.231 . 24 Thence South 11 Degrees 53119" West a distance of 194. 161 . 25 Thence South 03 Degrees 21159" East a distance of 170.291 . 26 Thence South 28 Degrees 26134" East a distance of 272.951 . 27 Thence South 05 Degrees 48124" East a distance of 296.520 . 28 Thence South 39 Degrees 28021" East a distance of 110.111 . GERALD J.GEERUNGS COUNTY COUNSEL SUITE 300 3S35-IOTH STREET -2 6- RfVERSIDE.CALIFORNIA 1 Thence South 71 Degrees 33154" East a distance of 94.871 . 2 Thence South 04 Degrees 23155" East a distance of 130. 381 . 3 Thence South 21 Degrees 20113" East a distance of 343 .551 . 4 Thence North 43 Degrees 31152" East a distance of 137.931 . 5 Thence South 62 Degrees 14129" East a distance of 107.351 . 6 Thence South 14 Degrees 02110" East a distance of 144 . 311 . 7 Thence South 26 Degrees 33154" East a distance of 122.981 . 8 Thence North 19 Degrees 39114" East a distance of 222.991 . 9 Thence South 80 Degrees 32116" East a distance of 91.241 . 10 Thence South 23 Degrees 52106" East a distance of 123 .571 . 11 Thence North 49 Degrees 23155" East a distance of 92.201 . 12 Thence South 85 Degrees 06103" East a distance of 140.511 . 13 Thence South 02 Degrees 43135" West a distance of 105. 121 . 14 Thence North 59 Degrees 321041' East a distance of 98. 621 . 15 Thence South 56 Degrees 18136" East a distance of 90. 141 . 16 Thence North 87 Degrees 42134" East a distance of 125. 101 . 17 Thence North 80 Degrees 04126" East a distance of 203 .041 . 18 Thence North 74 Degrees 21128" East a distance of 129. 81' . 19 Thence South 33 Degrees 16130" East a distance of 191. 381 . 20 Thence South 31 Degrees 25147" West a distance of 105. 481 . 21 Thence South 08 Degrees 52151" West a distance of 129. 551 . 22 Thence North 73 Degrees 18103" East a distance of 167.041 . 23 Thence South 01 Degrees 35128" East a distance of 180.071 . 24 Thence South 17 Degrees 01114" West a distance of 102 .491 . 25 Thence South 80 Degrees 44139" East a distance of 136.781 . 26 Thence South 19 Degrees 42151" West a distance of 127.471 . 27 Thence South 61 Degrees 36125" West a distance of 252.361 . 28 Thence North 79 Degrees 37127" East a distance of 228.72 ' to the GERALD J.GEERLJNGS COUNTY COUNSEL sum 3CO 3535.IOTH STREET -2 7 RIVERSIDE.CALJFORNIA 1 beginning of a tangent curve concave Southwesterly and having a x radius of 80.001 . 2 �^ Thence Southerly along said curve through a central angle of 117 3 Degrees 37157" a distance of 164.251 . 4 Thence tangent to said curve South 17 Degrees 15124" West a distance of 113 .901 . 5 y- Thence North 67 Degrees 02110" East a distance of 128. 161 . 6 Thence South 11 Degrees 46106" West a distance of 122.581 . 7 Thence South 72 Degrees 3814611 West a distance of 167. 631 . 8 Thence South 67 Degrees 53126" East a distance of 172.701 . 9 Thence South 21 Degrees 02115" East a distance of 139. 281 . 10 Thence South 46 Degrees 50151" West a distance of 109.661 . 11 Thence South 69 Degrees 08144" East a distance of 112. 361 . 12 Thence North 38 Degrees 171251' East a distance of 242.071 . 13 Thence .South 43 Degrees 52136" East a distance of 180. 351 . 14 Thence North 41 Degrees 59114" East a distance of 134.541 . 15 Thence South 49 Degrees 14 ' 11" East a distance of 191.441 . 16 Thence South 03 Degrees 41129" West a distance of 155. 321 . 17 Thence South 26 Degrees 3315411 West a distance of 111.801 . 18 Thence South 03 Degrees 34135" East a distance of 160. 311 . 19 Thence North 50 Degrees 3715111 East a distance of 252.241 . 20 Thence South 74 Degrees 031171' East a distance of 109. 201 . 21 Thence North 27 Degrees 33110" East a distance of 103 .771 . 22 Thence North 32 Degrees 44107" West a distance of 199.721 . 23 Thence North 26 Degrees 3315411 East a distance of 100. 621 . 24 Thence North 88 Degrees 21148" East a distance of 105.041 . 25 Thence North 72 Degrees 04156" East a distance of 315. 29 ' . 26 Thence South 60 Degrees 15118" East a distance of 161.251 . 27 Thence East a distance of 72.001 . 28 •F.RAEp J_CEERLIMCS Thence .South 20 Degrees 15157" East a distance of 138.581 . COUNTY COUNSEL SUM 300 3535.10TH STREET -2 8- MVERSME.CALIFORNIA 1 Thence South 33 Degrees 1014311 West a distance of 155. 321 . 2 Thence North 87 Degrees 36151" East a distance of 120.101 . 3 Thence South 05 Degrees 54122" West a distance of 145.771 . ' 4 Thence South 30 Degrees 15123" West a distance of 138.921 . 5 Thence South 04 Degrees 45149" East a distance of 120.421 . 6 Thence South 15 Degrees 25120" West a distance of 150.421 . 7 Thence South a distance of 235.00.1 . 8 Thence South 06 Degrees 34055E1 East a distance of 130.861 . 9 Thence South 08 Degrees 58121" West a distance of 192 . 351 . 10 Thence South 51 Degrees 4813311 East a distance of 95.431 . 11 Thence South 28 Degrees 47112" West a distance of 103.831 . 12 Thence South 14 Degrees 02110" East a distance of 103 .081 . 13 Thence South 05 Degrees 11140" West a distance of 165.681 . 14 Thence South 22 Degrees 50101" East a distance of 103.081 . ~ 15 Thence South 61 Degrees 1112111 West a distance of 114 . 131 . 16 Thence South 71 Degrees 33154" East a distance of 126.491 . 17 Thence South 05 Degrees 26.12511 East a distance of 105.481 . 18 Thence South 46 Degrees 3215411 East a distance of 130. 861 . 19 Thence South 41 Degrees 20152" East a distance of 133 . 211 . 20 Thence South 50 Degrees 49115" East a distance of 292.841 . 21 Thence South 10 Degrees 00129" East a distance of 86.311 . 22 Thence South 45 Degrees 00100" East a distance of 205.061 . 23 Thence South a distance of 130.001 . 24 Thence North 86 Degrees 25125" East a distance of 320. 621 . 25 Thence South 60 Degrees 01106" East a distance of 150. 081 . 26 Thence South 24 Degrees 26138" East a distance of 120.831 . 27 Thence South 49 Degrees 41109" East a distance of 216.391 . 28 Thence North 55 Degrees 42047" East a distance of 266.271 . GERALD J.GEERGNGS COUNTY COUNSEL SUITE 300 3535-10TH STREET -2 9- RIVERSIDE.CALIFORNIA 1 Thence North 62 Degrees 0215611 East a distance of 277.359 . 2 Thence North 72 Degrees 2110011 East a distance of 230.871 . 3 Thence North 59 Degrees 0211011 East a distance of 204.081 . 4 Thence North 77 Degrees 0011911 East a distance of 133.421 . 5 Thence North 47 Degrees 0711611 East a distance of 95.521 . 6 Thence North 24 Degrees 1314011 East a distance of 109.661 . 7 Thence North 43 Degrees 0910911 East a distance of 219. 321 . 8 Thence North 55 Degrees 0012911 East a distance of 122. 071 . 9 Thence North 49 Degrees 1110611 West a distance of 145.341 . 10 Thence North 68 Degrees 3714611 East a distance of 123 .491 . 11 Thence North 82 Degrees 4113911 East a distance of 196. 601 . 12 Thence South 63 Degrees 2610611 East a distance of 212.430 . 13 Thence South 49 Degrees 2315511 East a distance of 92.201 . 14 Thence South 71 Degrees 5010211 East a distance of 336.791 . 15 Thence South 43 Degrees 1515111 East a distance of 233 .451 . 16 Thence South 47 Degrees 0111711 East a distance of 300.711 . 17 Thence South 42 Degrees 1110411 East a distance of 215.931 . 18 Thence South 48 Degrees 5311611 East a distance of 365.001 . 19 Thence South 47 Degrees 4715111 East a distance of 280. 001 . 20 Thence South 71 Degrees 42159" East a distance of 500.001 to the beginning of a tangent curve concave Southwesterly and having a 21 radius of 2500.001 . 22 Thence Easterly along said curve through a central angle of 17 Degrees 3115111 to a point on the East boundary line of The Paube 23 Rancho. 24 Thence Southwesterly along said rancho boundary line to the most Southeasterly corner thereof. 25 Thence Westerly along said rancho boundary line to the Northwest 26 corner of Section 24, Township 8 South, Range 1 West. 27 Thence Southerly along the West line of said Section 24 to the , Southwest corner thereof. 28 "BALD J.GEERUNGS Thence Easterly along the South line of said Section 24 to the :OUNtY COUNSEL SUITE 3W 1535.10TH STREET -3 0 IUVERSID£,CALIFORNIA 1 Southeast corner thereof. 2 Thence Southerly along the West line of Section 30, Township 8 South, Range 1 East to the Southwest corner thereof. 3 _ Thence Easterly along the South line of said Section 30 and the 4 South line of Section 29, Township 8 South, Range 1 East to the Southeast corner thereof. 5 Thence Southerly along the West line of Section 33, Township 8 6 South, Range 1 East to the Southwest corner thereof. Said cornet also being a point in the Southerly boundary line of the County 7 of Riverside, California. 8 Thence Easterly along said Southerly boundary line to its intersection with the East line of Section 35, Township 8 South, 9 Range 1 East. 10 Thence Northerly along the East line of said Section 35 to the Northeast corner thereof. 11 Thence Westerly along the North line of said Section 35 to the 12 Northwest corner thereof. 13 Thence Northerly along the East line of Sections 27 and 22, Township 8 South, Range 1 East to the Northeast corner thereof. 14 Thence Easterly along the South line of the West 1/2 and the West 15 1/2 of the East 1/2 of Section 14, Township 8 South, Range 1 East to the Southeast corner thereof. 16 Thence Northerly along the East line of the West 1/2 of the East 17 1/2 of said Section 14 to the Northeast corner thereof. 18 Thence Westerly along the North line of said Section 14 and the North line of Section 15, Township 8 South, Range 1 East to the 19 Northwest corner thereof. 20 Thence Southerly along the West line of said Section 15 and the West line of Section 22, Township 8 South, Range 1 East to the 21 Southwest corner thereof. 22 Thence Westerly along the North line of Sections 28 and 29, Township 8 South, Range 1 East to the Northwest corner thereof. 23 Thence Northerly along the East line of Section 19, Township 8 24 South, Range 1 East to the Northeast corner thereof. 25 Thence Westerly along the North line of said Section 19 to the Northwest corner thereof. 26 Thence Northerly along the East line of Section 13, Township 8 27 South, Range 1 West to the Northeast corner thereof. 28 Thence Westerly along the North line of said Section 13 to its GERALD J.GEERIJNGS COUNTY COUNSEL SUMS 300 3535•IOTH STREET -3 1- RIVERSME.CALIFORMA � R 1 intersection with the Easterly boundary line of the Pauba Rancho. 2 Thence Southwesterly along said rancho boundary line a distance of 3800.001 . 3 Thence leaving said rancho boundary line South 77 Degrees 12123" 4 West a distance of 1542.24 ' to the beginning of a non-tangent curve concave Northeasterly and having a radius of 600.001 . A 5 radial line bears North 03 Degrees 16145" East. 6 Thence Westerly along said curve through a central angle of 35 Degrees 39140" a distance of 373.441 . 7 Thence leaving said curve North 33 Degrees 45120" East a distance g of 484 . 241 . 9 Thence North 47 Degrees 46103" East a distance of 700.841 . 10 Thence North 54 Degrees 32156" East a distance of 152.891 . 11 Thence North 82 Degrees 13156" East a distance of 187.36 ' . 12 Thence North 87 Degrees 54105" East a distance of 390.53 ' . 13 Thence North 78 Degrees 01153" East a distance of 201.31' . 14 Thence South 80 Degrees 36113" East a distance of 353 -91 ' to a point on the Easterly boundary line of The Pauba Rancho. 15 (('• Thence along said rancho boundary line North 13 Degrees 3513211 16 East a distance of 224.851 . 17 Thence North 80 Degrees 21104" West a distance of 630.44 ' . 18 Thence South 87 Degrees 33113" West a distance of 511.461 . 19 Thence South 72 Degrees 43111" West a distance of 184 .78 ' . 20 Thence South 59 Degrees 31131" West a distance of 429. 171 . 21 Thence South 67 Degrees 09137" West a distance of 577. 07 ' . 22 Thence South 29 Degrees 09159" West a distance of 480. 00' . 23 Thence South 46 Degrees 38112" West a distance of 123 .79 ' . 24 Thence North 85 Degrees 01149" West a distance of 230.871 . 25 Thence North 55 Degrees 48150" West a distance of 120. 001 . 26 Thence North 19 Degrees 42153" East a distance of 191. 371 . 27 Thence North 39 Degrees 18141" East a distance of 406.861 . 28 Thence North 41 Degrees 53128" East a distance of 609.711 . GERALD J.GEERUNGS - COUNTYCOUNSE4 SUrTE 300 - 2- 3535.IOTN STREET RIVERSIDE.CALIFORNIA T 1 Thence North 37 Degrees 14126" East a distance of 60.831 . 2 Thence North 52 Degrees 27124" West a distance of 80.091 . 3 Thence South 60 Degrees 33110" West a distance of 553. 621 . 4 Thence South 37 Degrees 53143" West a distance of 800.00' . 5 Thence South 54 Degrees 41120" West a distance of 147.051 . 6 Thence West a distance of 160.001 . 7 Thence South 78 Degrees 31105" West a distance of 326. 531 . 8 Thence South 72 Degrees 33110" West a distance of 183.441 . 9 Thence North 59 Degrees 32004" West a distance of 98.621 . 10 Thence South 80 Degrees 32116" West a distance of 121. 661 . 11 Thence North 78 Degrees 13154" West a distance of 122.581 . 12 Thence North 60 Degrees 15118" West a distance of 161.251 . 13 Thence North 34 Degrees 17113" West a distance of 133 . 141 . 14 Thence North 12 Degrees 05141" East a distance of 143. 18 ' . 15 Thence North 79 Degrees 00141" West a distance of 104.92 ' . 16 Thence North 11 Degrees 18136" West a distance of 112 . 18 ' . 17 Thence North 21 Degrees 48105" West a distance of 107.701 . 18 Thence North 08 Degrees 07148" West a distance of 282.841 . 19 Thence North 70 Degrees 33136" East a distance of 90. 141 . 20 Thence North 49 Degrees 45149" West a distance of 170.291 . 21 Thence North 15 Degrees 22135" West a distance of 207.421 . 22 Thence North 51 Degrees 50134" East a distance of 178.041 . 23 Thence South 58 Degrees 23113" East a distance of 152.641 . 24 Thence South 85 Degrees 36105" East a distance of 130. 381 . 25 Thence North 45 Degrees 00100" West a distance of 169.711 . 26 Thence North 40 Degrees 36105" East a distance of 92.201 . 27 Thence North 59 Degrees 20157" West a distance of 156.921 . 28 Thence South 83 Degrees 391351' East a distance of 90.551 . GERALD J.GEERLINGS COUNTY COUNSEL SUITE 300 3535-LOTH STREET -3 3- RIVERSIDE.CALIFORNIA . y 1 Thence North 70 Degrees 20046" West a distance of 148. 661 . 2 Thence South 34 Degrees 22149" West a distance of 115. 119 . t 3 Thence South 54 Degrees 09144" West a distance of 111. 021 . 4 Thence North 69 Degrees 08144" West a distance of 112. 361 . 5 Thence North 39 Degrees 24103" East a distance of 362.351 . 6 Thence South 70 Degrees 01101" West a distance of 117.051 . 7 Thence South 54 Degrees 14146" West a distance of 154.031 . 8 Thence North 34 Degrees 59131" West a distance of 122. 071 . 9 Thence North 09 Degrees 39136" East a distance of 238.381 . 10 Thence North 77 Degrees 35033" East a distance of 255.981 . 11 Thence; North 35 Degrees 32116" West a distance of 86.021 . 12 Thence North 55 Degrees 42147" East a distance of 266.271 . 13 Thence North 87 Degrees 0811511 East a distance of 200. 251 . 14 Thence North 63 Degrees 26106" East a distance of 223. 611 . 15 Thence South 86 Degrees 59114" West a distance of 190. 261 . 16 Thence North 74 Degrees 2813311 West a distance of 280. 221 . 17 Thence North 11 Degrees 53119" West a distance of 97.081 . 18 Thence South 15 Degrees 49109" West a distance of 187. 091 . 19 Thence South 67 Degrees 22148" West 130.001 . 20 Thence South 61 Degrees 23122" West a distance of 125. 301 . 21 Thence North 06 Degrees 06156f1 East a distance of 140.801 . 22 Thence North 07 Degrees 07130" West a distance of 120.931 . 23 Thence South 29 Degrees 03117" West a distance of 102.961 . 24 Thence South 68 Degrees 11155" West a distance of 107.701 . 25 Thence North 20 Degrees 00115" East a distance of 149. 031 . 26 Thence North 13 Degrees 11126" East a distance of 328.671 . 27 Thence North 00 Degrees 40156" West a distance of 420. 001 . 28 Thence North 50 Degrees 42138" West a distance of 142. 131 . GERALD J.G£ERLINGS COUNTY COUNSEL SUITE 300 -34- 3535.I0TH STREET RIVERSIDE.CALIFORNIA 1 Thence North 22 Degrees 50101" West a distance of 103.081 . 2 Thence North 43 Degrees 01'30" West a distance of 102.591 . 3 Thence North 21 Degrees 48105" West a distance of 107.701 . 4 Thence North 47 Degrees 36109" West a distance of 155.721 . 5 Thence North 77 Degrees 28116" West a distance of 58.37 ' to the beginning of a tangent curve concave Northeasterly and having a 6 radius of 125.001 . 7 Thence Northerly along said curve through a central angle of 90 Degrees 27157" a distance of 197. 371 . 8 Thence tangent to said curve North 12 Degrees 59141" East a 9 distance of 74 . 101 . -, 10 Thence North 85 Degrees 14110" East a distance of 120.421 . 11 Thence South 79 Degrees 06152" East a distance of 132.381 . 12 Thence East a distance of 120. 001 . 13 Thence North 77 Degrees 28116" East a distance of 507.701 . 14 Thence South 88 Degrees 05127" East a distance of 300. 171 . 15 Thence South 51 Degrees 2O125" East a distance of 96.051 . 16 Thence North 81 Degrees 24159" East a distance of 268 .001 . 17 Thence North 52 Degrees 07130" West a distance of 171.031 . 18 Thence North 31 Degrees 15149" East a distance of 163 .781 . 19 Thence North 52 Degrees 481551' East a distance of 182. 001 . 20 Thence North 41 Degrees 49113" East a distance of 127.481 . 21 Thence North 27 Degrees 17159" East a distance of 174 .431 . 22 Thence North 43 Degrees 36110" East a distance of 145. 001 . 23 Thence North 72 Degrees 07117" East a distance of 162 .861 . 24 Thence North 51 Degrees 50134" West a distance of 89.021 . 25 Thence North 05 Degrees 11140" East a distance of 110.451 . 26 Thence North 15 Degrees 04107" East a distance of 134. 631 . 27 Thence North 72 Degrees 281281I East a distance of 99.621 . 28 Thence North 54 Degrees 27144" West a distance of 86.021 . GERALD J.GEERLINGS COUN'y COUNSEL SUITE 300 3535 WTH STREET -3 5- • RIVERSIDE.CALIFORNIA . 4 1 Thence North 11 Degrees 0011311 West a distance of 183.371 . 2 Thence North 79 Degrees 5412911 East a distance of 228.541 . 3 Thence South 68 Degrees 3310811 East a distance of 150.421 . 4 Thence North 03 Degrees 5614311 East a distance of 145.341 . 5 Thence North 56 Degrees 1813611 East a distance of 144.221 . 6 Thence South 37 Degrees 18114i1 East a distance of 132.001 . 7 Thence South 46 Degrees 0712411 East a distance of 180.351 . 8 Thence South 47 Degrees 3813311 East a distance of 230.051 . g Thence North 03 Degrees 2115911 East a distance of 85.151 . 10 Thence North 17 Degrees 2111411 East a distance of 83.821 . 11 Thence North 22 Degrees 4615711 West a distance of 271.151 . 12 Thence North 61 Degrees 4115701 East a distance of 147.651 . 13 Thence South 21 Degrees 5812811 East a distance of 196.171 to the beginning of a tangent curve concave Northeasterly and having a 14 radius of 120.001 . 15 Thence Easterly along said curve through a central angle of 85 Degrees 37105f1 a distance of 179.321 . 16 Thence tangent to said curve North 72 Degrees 2412711 East a 17 distance of 103.901 . 18 Thence North 56 Degrees 1813611 East a distance of 90. 141 . 19 Thence South 58 Degrees 40117f1 East a distance of 134 . 631 . 20 Thence South 39 Degrees 1712211 East a distance of 142. 131 . 21 Thence North 10 Degrees 0712911 East a distance of 142. 211 . 22 Thence North 08 Degrees 2115711 West a distance of 171.831 . 23 Thence North 36 Degrees 1511411 West a distance of 186.011 . 24 Thence North 59 Degrees 3210411 East a distance of 98.621 . 25 Thence North 82 Degrees 0513411 East a distance of 181.731 . 26 Thence North 65 Degrees 4313211 East a distance of 279.731 . 27 Thence North 46 Degrees 2315011 East a distance of 145. 001 . 28 Thence North 35 Degrees 5011611 East a distance of 111.021 . .-� GEAALD J.GEERLlNGS - COUNTVCOUNSEL SUITE 300 3535•10TH STREET W 3 6 RIVERSIDE.CALIFORNIA 1 Thence North 59 Degrees 0211011 East a distance of 204 .081 . 2 Thence North 35 Degrees 4511411 East a distance of 154.031 . 3 Thence North 55 Degrees 5512211 East a distance of 205.241 . 4 Thence North 75 Degrees 4612611 East a distance of 366. 231 . 5 Thence North 68 Degrees 11 '55" East a distance of 188.481 . 6 Thence North 74 Degrees 5714411 East a distance of 346.881 . 7 Thence North 66 Degrees 151029 " East a distance of 136. 571 . 8 Thence North 30 Degrees 3414511 East a distance of 127.771 . 9 Thence North 11 Degrees 58134" West a distance of 168. 671 . 10 Thence South 60 Degrees 3813211 East a distance of 91.791 . 11 Thence South 34 Degrees 5913111 East a distance of 122.071 . 12 Thence South 41 Degrees 38101" East a distance of 120.421 . 13 Thence North 12 Degrees 3114411 West a distance of 92.200 . 14 Thence South 81 Degrees 2810911 East a distance of 101. 121 . 15 Thence North 67 Degrees 5010111 West a distance of 145.771 . 16 Thence South 75 Degrees 5914511 East a distance of 915.001 to a point on the Easterly boundary line of The Pauba Rancho. 17 Thence along said rancho boundary line North 13 Degrees 3513211 18 East a distance of 655.261 . 19 Thence leaving said rancho boundary line North 44 Degrees 2013611 West a distance of 114.981 to the beginning of a tangent curve 20 concave Easterly and having a radius of 150. 001 . 21 Thence Northerly along said curve through a central angle of 105 Degrees 0010011 a distance of 274.890 . 22 Thence tangent from said curve North 60 Degrees 3912411 East a 23 distance of 150.001 . 24 Thence North 06 Degrees 5013611 West a distance of 92. 391 . 25 Thence North 74 Degrees 2013611 West a distance of 300.001 . 26 Thence North 70 Degrees 4504311 West a distance of 491.691 . 27 Thence North 48 Degrees 0410211 West a distance of 505.791 . 28 Thence North 18 Degrees 2114711 East a distance of 458.891 . GERALD J.GEERLINGS COUNTY COUNSEL SURE 300 3535.IOTH STREET -3 7 RIVERSIDE,CALIFORNIA i r 1 Thence South 87 Degrees 10109" West a distance of 1250.409 . 2 Thence South 08 Degrees 12101" West a distance of 385.081 . 3 Thence South 27 Degrees 12107" East a distance of 223.451 . 4 Thence South 13 Degrees 42118" West a distance of 120.011 . 5 Thence South 77 Degrees 25 '51" West a -distance of 631.861 . 6 Thence North 45 Degrees 05145" West a distance of 178.801 . 7 Thence North 23 Degrees 39102" West a distance of 724.701 . 8 Thence North 34 Degrees 49103" West a distance of 211.871 . 9 Thence North 62 Degrees 41117" West a distance of 254 .811 . 10 Thence North 86 Degrees 37115" West a distance of 334 .801 . 11 Thence South 66 Degrees 05148" West a distance of 261.741 . 12 Thence South 67 Degrees 10115" West a distance of 293 .591 . 13 Thence South 65 Degrees 01136" West a distance of 375. 771 . 14 Thence North 85 Degrees 49114" West a distance of 446. 341 . 15 Thence North 57 Degrees 51127" West a distance of 292. 381 . 16 Thence North 29 Degrees 42126" West a distance of 214.871 . i 17 Thence North 07 Degrees 53117" East a distance of 210. 391 . 18 Thence North 35 Degrees 38142" East a distance of 394 .07 ' . 19 Thence North 86 Degrees 55106" West a distance of 417. 691 . 20 Thence South 43 Degrees 16141" West a distance of 211. 99 ' . 21 Thence South 15 Degrees 17149" West a distance of 573. 111 . 22 Thence South 41 Degrees 49102" West a distance of 255.561 . 23 Thence South 38 Degrees 27142" East a distance of 391.471 . 24 Thence South 13 Degrees 21105" East a distance of 767.661 . 25 Thence South 14 Degrees 02110" East a distance of 176.87 ' to the beginning of a tangent curve concave Westerly and having a radius 26 of 140. 001 . 27 Thence Southerly along said curve through a central angle of 39 Degrees 14114" a distance of 95.881 . 28 GERALD J.GEERGMGS Thence tangent to said curve South 25 Degrees 12104" West a L� COUNTY COUNSEL SUME 300 3535 IOTM STREET -3 8- RIVERSIDE.CALIFORNIA 1 distance of 17.441 to the beginning of a tangent curve concave Northerly and having a radius of 50.001 . 2 Thence Westerly along said curve through a central angle of 134 3 Degrees 56137" a distance of 117.761 . 4 Thence tangent to said curve North 19 Degrees 51119" West a distance of 70.841 . 5 Thence West a distance of 80.00' . 6 Thence South a distance of 130.001 . 7 Thence North 70 Degrees 01101" West a distance of 117.051 . 8 Thence South 22 Degrees 14156" West a distance of 118.851 . 9 Thence South 62 Degrees 06110" East a distance of 96. 181 . 10 Thence South 16 Degrees 18150" West a distance of 213 .601 . 11 Thence South 72 Degrees 28128" West a distance of 99. 621 . 12 Thence North 48 Degrees 48151" West a distance of 106.301 . 13 Thence South 41 Degrees 11109" West a distance of 159.451 . 14 Thence North 23 Degrees 57145" West a distance of 98.491 . 15 Thence South 71 Degrees 33154" West a distance of 94 .871 . 16 Thence North 53 36156" West a distance of 118.001 . 17 Thence North 23 Degrees 25143" East a distance of 163 .481 . 18 Thence North 06 Degrees 20125" West a distance of 90.550 . 19 Thence North 23 Degrees 11155" East a distance of 76. 161 . 20 Thence South 48 Degrees 48151" West a distance of 106. 301 . 21 Thence South 33 Degrees 41124" West a distance of 108. 171 . 22 Thence South 48 Degrees 10147" West a distance of 127. 481 . 23 Thence North 12 Degrees 31144" West a distance of 138.291 . 24 Thence South 82 Degrees 24119" West a distance of 75.661 . 25 Thence North it Degrees 18136" West a distance of 50.991 . 26 Thence North 71 Degrees 33154" West a distance of 63.251 . 27 Thence North 08 Degrees 07148" West a distance of 70.711 . 28 GERALDJ.GEHRUNGS Thence South 75 Degrees 04007" West a distance of 155.241 . - COUNTY COUNSEL SURE 300 3535-LOTH STREET -3 9- RIVERSIDE,CALIFORNIA r 1 Thence North 81 Degrees 52112" West a distance of 106.071 . 2 Thence South 34 Degrees 41143" West a distance of 79.061 . 3 Thence South 69 Degrees 26138" West a distance of 128.0161 . 4 Thence North 80 Degrees 32116" West a distance of 91.241 . 5 Thence South 63 Degrees 26106" West a distance of 67.081 . 6 Thence North 33 Degrees 41124" West a distance of 72. 111 . 7 Thence West a distance of 130.001 . 8 Thence North 18 Degrees 26106" East a distance of 73.99 ' to the beginning of a tangent curve concave Southeasterly and having a 9 radius of 150.001 . 10 Thence Easterly along said curve through a central angle of 58 Degrees 34113" a distance of 153.341 . ZZ Thence tangent to said curve North 77 Degrees 00119" East a 12 distance of 182.701 . 13 Thence North 40 Degrees 36105" East a distance of 92.201 . 14 Thence North 66 Degrees 02115" West a distance of 98.491 . 15 Thence North 29 Degrees 21128" West a distance of 91.791 . 16 Thence North 77 Degrees 54119" West a distance of 71.591 . I 17 Thence South 62 Degrees 21114" West a distance of 118. 531 . 18 Thence North 02 Degrees 12109" East a distance of 130. 101 . 19 Thence North 17 Degrees 39 ' 00" West a distance of 115.431 . 20 Thence North a distance of 85.00' . 21 Thence South 62 Degrees 06110" West a distance of 96. 181 . 22 Thence South 16 Degrees 59127" West a distance of 188.221 . 23 Thence South 36 Degrees 01139" West a distance of 136.021 . 24 Thence South 15 Degrees 56143" West a distance of 145. 601 . 25 Thence South 37 Degrees 341.07" West a distance of 82.011 . 26 Thence South 18 Degrees 26106" West a distance of 79.061 . 27 Thence North 83 Degrees 36135" West a distance of 135.831 . 28 Thence South 62 Degrees 06110" West a distance of 96.181 . GERALD J.GEERUNGS COUNTY COUNSEL - SLM Soo -4 0- ism'LOTH STREET 'IIVERSIp£.CALIFORNIA 1 Thence North 26 Degrees 33154" West a distance of 78.261 . 2 Thence North 38 Degrees 59128" East a distance of 135. 091 . 3 Thence North 54 Degrees 46157" East a distance of 104. 041 . 4 Thence North 20 Degrees 19123" East a distance of 143.961 . 5 Thence North 05 Degrees 21121" East a distance of 321.401 . v 6 Thence South 31 Degrees 49139" West a distance of 170.661 . 7 Thence South 12 Degrees 31134" West a distance of 92.201 . 8 Thence South 40 Degrees 06103" West a distance of 124.201 . 9 Thence South 76 Degrees 36127" West a distance of 107.941 . 10 Thence South 55 Degrees 29129" West a distance of 97.081 . 11 Thence South 19 Degrees 39114" West a distance of 74.331 . 12 Thence North 82 Degrees 52130" West a distance of 80.621 . 13 Thence South 12 Degrees 05141" West a distance of 143 . 181 . 14 Thence South 86 Degrees 43146" West a distance of 175.291 . 15 Thence South 46 Degrees 16123" West a distance of 159. 141 . 16 Thence West a distance of 70. 001 . 17 Thence North 42 Degrees 16125" West a distance of 74.331 . 18 Thence North a distance of 105. 001 . 19 Thence North 78 Degrees 01126" West a distance of 168. 670 . 20 Thence North 56 Degrees 18136" West a distance of 126. 101 . 21 Thence North 60 Degrees 15118" East a distance of 120.931 . 22 Thence South 87 Degrees 30137" East a distance of 115. 111 . 23 Thence North 60 Degrees 38132" East a distance of 183 .581 . 24 Thence North 73 Degrees 00133" East a distance of 188.221 . 25 Thence North 76 Degrees 45034" West a distance of 174 . 641 . 26 Thence North 01 Degrees 38112" West a distance of 175.071 . 27 Thence North 08 Degrees 3115111 West a distance of 303.361 . 28 Thence South 39 Degrees 48120" West a distance of 78.101 . 1 GERALD J.GEERLINGS COON TY COUNSEL SME 3M 3S35-iOTH5TAEET -4 1- RIVERSiDE.CALIEORMA I - 1 Thence South 05 Degrees 26125" East a distance of 105.481 . 2 Thence South 15 Degrees 38132" West a distance of 129.810 . 3 Thence South 03 Degrees 34135" West a distance of 80.161 . 4 Thence South 31 Degrees 2514711 West a distance of 105.481 . 5 Thence North 43 Degrees 09109" West a distance of 109.661 . 6 Thence South 25 Degrees 27148" West a distance of 116.301 . 7 Thence North 59 Degrees 44137" West a distance of 138.921 . 8 Thence North 80 Degrees 04126" West a distance of 203.048 . 9 Thence South 51 Degrees 20125" West a distance of 96.051 . 10 Thence South 20 Degrees 33122" West a distance of 85.440 . 11 Thence South 82 Degrees 38151" West a distance of 312. 571 . 12 Thence South 57 Degrees 22151" West a distance of 148.411 . 13 Thence North 29 Degrees 14156" East a distance of 143. 271 . 14 Thence North 10 Degrees 26115" East a distance of 193. 201 . 15 Thence South 41 Degrees 25125" West a distance of 113 .361 . 16 Thence South 33 Degrees 01126" West a distance of 119.271 . 17 Thence South 83 Degrees 17125" West a distance of 171.171 . 18 Thence North 40 Degrees 21152" -West a distance of 131. 241 . 19 Thence North 04 Degrees 34110" East a distance of 125.451 . 20 Thence North 07 Degrees 35145" West a distance of 75. 611 . 21 Thence North 36 Degrees 23104" East a distance of 118.001 . 22 Thence South 71 Degrees 01147" West a distance of 169. 191 . 23 Thence South 36 Degrees 52112" West a distance of 100.001 . 24 Thence North 05 Degrees 42438" East a distance of 100.501 . 25 Thence North 38 Degrees 22103" East a distance of 153.051 . 26 Thence North 31 Degrees 40132" East a distance of 276. 131 . 27 Thence North a distance of 125.001 . 28 Thence North 14 Degrees 02110" East a distance of 144.311 . ; GERALDJ.GEERUNGS COUNTY COUNSEL SUITE 300 3575 IOTH STREET -4 2- RIVERSIDE.CALIFORNIA Thence North 45 Degrees 00'00" East a distance of 141.421 . 2 Thence North 06 Degrees 50134" West a distance of 125.900 . 3 Thence South 45 Degrees 00 '00" West a distance of 113. 141 . 4 Thence South 21 Degrees 02115" West a distance of 69.641 . 5 Thence North 75 Degrees 04107" West a distance of 77. 621 . 6 Thence North 11 Degrees 46'05" West a distance of 122.581 . 7 Thence North 27 Degrees 45131" West a distance of 107.351 . 8 Thence South 02 Degrees 07116" West a distance of 135.091 . 9 Thence South 06 Degrees 34155" West a distance of 130.860 . 10 Thence South 04 Degrees 34126" East a distance of 125.401 . 11 Thence South 11 Degrees 00113" West a distance of 183.371 . 12 Thence South 63 Degrees 26106" West a distance of 145. 341 . 13 Thence South 38 Degrees 39035" West a distance of 96. 351 . 14 Thence South 70 Degrees 42136" West a distance of 105.951 . 15 Thence South 25 Degrees 38128" West a distance of 138. 651 . 16 Thence North 33 Degrees 41124" West a distance of 108 . 171 . Yt 17 Thence North 09 Degrees 43 ' 3911 East a distance of 177.550 . 18 Thence North 18 Degrees 26106" East a distance of 110. 681 . 19 Thence North 49 Degrees 05108" West a distance of 99. 251 . 20 Thence South 12 Degrees 31144" West a distance of 92.20 ' . 21 Thence North 71 Degrees 33154" West a distance of 94.871 . 22 Thence South 02 Degrees 43135" East a distance of 105. 121 . 23 Thence South 57 Degrees 22151" West a distance of 148. 411 . 24 Thence North 59 Degrees 02110" West a distance of 87.461 . 25 Thence South 89 Degrees 07155" West a distance of 174. 53 ' to the beginning of a tangent curve concave Easterly and having a radius 26 of 25. 001 . 27 Thence Southerly along said curve through a central angle of 161 Degrees 44104" a distance of 70. 571 . 28 GERAID J.GEER LiMGS Thence tangent to said curve North 70 Degrees 51'59" East a COUN TY COUNSEL SU[TE 300 WS-IOTN STREET -4 3 RMRSIDE.CALIFORMA 1 distance of 103.821 . 2 Thence North 32 Degrees 44107" East a distance of 83.221 . 3 Thence North 10 Degrees 05151" West a distance of 74. 151 . 4 Thence "North 33 Degrees 00111" East a distance of 115. 661 . 5 Thence North 19 Degrees 21132" East a distance of 196.091 .' 6 Thence North 23 Degrees 57145" West a distance of 98.491 . 7 Thence North 20 Degrees 51116" East a distance of 112.361 . 8 Thence South 67 Degrees 4510411 West a distance of 118.851 . 9 Thence South 10 Degrees 32121" West a distance of 218. 691 . 10 Thence South 87 Degrees 08115" West a distance of 100. 121 . 11 Thence South 08 Degrees 4414611 East a distance of 65.751 . 12 Thence South 49 Degrees 05108" West a distance of 99.251 . 13 Thence North 30 Degrees 57150" West a distance of 145.771 . 14 Thence South 14 Degrees 32104" West a distance of 139.461 . 15 Thence North 67 Degrees 50101" West a distance of 145.771 . Ks+ 16 Thence South a distance of 90.001 . 17 Thence South 25 Degrees 51159" West a distance of 183.371 . 18 Thence North 54 Degrees 09144" West a distance of 111. 021 . 19 Thence North 02 Degrees 56109" West a distance of 195.261 . 20 Thence North 27 Degrees 4513111 East a distance of 107. 351 . 21 Thence North 23 Degrees 29155" West a distance of 125.401 . 22 Thence South 20 Degrees 37148" West a distance of 454. 121 . 23 Thence South 07 Degrees 18121" East a distance of 196. 601 . 24 Thence North 78 Degrees 13154" West a distance of 122.581 . 25 Thence North 12 Degrees 59141" West a distance of 200. 121 . 26 Thence North 08 Degrees 58121" East a distance of 192. 351 . 27 Thence North a distance of 205.051 . 28 Thence North 29 Degrees 44142" West a distance of 241.871 . GERALD J.GEERLINGS COUNTVCOUNSEL SUITE 300 3535,IOTH STREET -4 4" RIVERSIDE.CALIFORNIA M 1 Thence South 02 Degrees 17126" East a distance of 125. 101 . 2 Thence South 10 Degrees 29129" East a distance of 137.30' . 3 Thence South 15 Degrees 56143" West a distance of 145. 60' . 4 Thence South 33 Degrees 41124" West a distance of 108. 171 . 5 Thence South 23 Degrees 57145" West a distance of 98.491 . 6 Thence South 16 Degrees 35114" West a distance of 245.201 . 7 Thence South 68 Degrees 57145" West a distance of 139.281 . 8 Thence North a distance of 95. 011 . 9 Thence South 54 Degrees 27144" West a distance of 86.021 . 10 Thence North 10 Degrees 18117" West a distance of 111.801 . 11 Thence North 02 Degrees 23109" East a distance of 120. 101 . 12 Thence North 04 Degrees 23155" West a distance of 130. 381 . 13 Thence North 38 Degrees 39135" West a distance of 128.061 . 14 Thence South 07 Degrees 5412611 East a distance of 181.731 . 15 Thence South 16 Degrees 41157" West a distance of 156.601 . 16 Thence South 08 Degrees 31151" West a distance of 202.241 . -� 17 Thence South 82 Degrees 52130" West a distance of 80. 621 . 18 Thence North 26 Degrees 331541' East a distance of 111.801 . 19 Thence North 05 Degrees 42138" West a distance of 100. 501 . 20 Thence North 32 Degrees 37109" West a distance of 148.411 . 21 Thence North 47 Degrees 38133" West a distance of 230. 051 . 22 Thence North 84 Degrees 41108" West a distance of 215.931 . 23 Thence North a distance of 90.031 . 24 Thence South 30 Degrees 34145" West a distance of 127.771 . 25 Thence South 59 Degrees 32104" East a distance of 197. 231 . 26 Thence South 12 Degrees 31144" East a distance of 92.201 . 27 Thence South 66 Degrees 22114" East a distance of 87.321 . 28 Thence South 39 Degrees 33135" East a distance of 119.161 . GERALD J.GEERIJNGS COUNTY COUNSEL SUITE 300 -4 5- 3535-IOTH STREET RIVERSIDE.CALIFORNIA f Y 1 Thence South 26 Degrees 33154" West a distance of 167.710 . 2 Thence South 10 Degrees 18117" West a distance of 111.8o ' . f 3 Thence South 45 Degrees 00 ' 00" East a distance of 98.991 . 4 Thence East a distance of 100. 00 ' . 5 Thence South 23 Degrees 57145" East a distance of. 98.491 . 6 Thence South 45 Degrees 00100" East a distance of 113 . 141 . 7 Thence South 41 Degrees 38 '01" West a distance of 120.421 . 8 Thence South 77 Degrees 28116" West a distance of 138.291 . 9 Thence South 87 Degrees 56117" West a distance of 139 .091 . 10 Thence South 30 Degrees 57155" West a distance of 93 .291 . 11 Thence North 82 Degrees 45020" West a distance of 118.951 . 12 Thence South 37 Degrees 34107" West a distance of 246.021 . 13 Thence North 54 Degrees 09144" West a distance of 111. 021 . 14 Thence North 86 Degrees 25125" West a distance of 160. 311 . 15 Thence South 49 Degrees 45149" West a distance of 85. 151 . 16 Thence North 61 Degrees 36125" West a distance of 210. 301 . 17 Thence South 84 Degrees 30128" West a distance of 261. 201 . Z8 Thence North 75 Degrees 57150" West a distance of 268. 001 . 19 Thence South 71 Degrees 06150" West a distance of 200. 811 . 20 Thence North 59 Degrees 25115" West a distance of 127.771 . 21 Thence North 45 Degrees 00 ' 00" West a distance of 212. 131 . 22 Thence North 78 Degrees 41124" West a distance of 127. 481 . 23 Thence North 49 Degrees 14 ' l1" West a distance of 114 . 871 . 24 Thence South 85 Degrees 42100" West a distance of 133 .381 . 25 Thence North 86 Degrees 22101" West a distance of 315. 631 . 26 Thence South 47 .Degrees 36109" West a distance of 155.721 . 27 Thence North 74 Degrees 44142" West a distance of 114. 021 . 28 Thence South 67 Degrees 22148" West a distance of 260. 001 . --FRALD J.GEERLINGS C OUNTY COUNSEL SUfTE 300 ,. 1535 LOTH STREET -4 6- A.iFRSIOE.CALIFORNIA r� i r 1 Thence North 11 Degrees 00113" West a distance of 183.371 . 2 Thence North 14 Degrees 55153" East a distance of 155.241 . 3 Thence North 67 Degrees 45104" East a distance of 118.85 ' . 4 Thence South 73 Degrees 29144" East a distance of 140.801 . 5 Thence North 34 Degrees 35132" West a distance of 176.141 . 6 Thence North 19 Degrees 32 ' 12" East a distance of 164. 471 . 7 Thence North 75 Degrees 10125" East a distance of 175.861 . 8 Thence North 25 Degrees 16140" West a distance of 199. 061 . 9 Thence North 33 Degrees 30112" East a distance of 425.731 . 10 Thence North 03 Degrees 30150" East a distance of 571.071 . 11 Thence North 47 Degrees 02143" West a distance of 198. 121 . 12 Thence South 78 Degrees 41124" West a distance of 356.931 . 13 Thence South 86 Degrees 591141' West a distance of 380.531 . 14 Thence South 63 Degrees 261061' West a distance of 301.871 . 15 Thence South 58 Degrees 461541I West a distance of 192 . 941 . 16 Thence South 39 Degrees 33135" West a distance of 149. 161 . 17 Thence South 75 Degrees 151231' West a distance of 196. 471 . 18 Thence North 77 Degrees 11145" West a distance of 225. 611 . 19 Thence North 65 Degrees 53152" West a distance of 208. 151 . 20 Thence North 31 Degrees 14121" West a distance of 356. 721 . 21 Thence North 25 Degrees 36156" West a distance of 809.571 . 22 Thence North 55 Degrees 051511' West a distance of 262. 151 . 23 Thence North 82 Degrees 28103" West a distance of 244 . 111 . 24 Thence South 60 Degrees 10' 08" West a distance of 164.841 . 25 Thence South 71 Degrees 4356" West a distance of 542.331 . 26 Thence South 37 Degrees 24119" West a distance of 214 .011 . 27 Thence South 47 Degrees 21112" West a distance of 206.651 . 28 Thence South 34 Degrees 23122" West a distance of 545. 311 . •ERALO J.G£ERUNGS COUNTY COUNSEL SUITE 300 3535-1DTH STREET RIVE 4 7 RIVERSIDE.CALIFORNIA .. ...... ...............�.. .. ........ ..rr�r- ....rr......."..r.�.....ww�rar.w...rw.wivwvwvrwv�vvvvv.r.r.f..vr.alHn+xHHrrH..r YJUr...r•\•r..r 1 Thence South 47 Degrees 29123" West a distance of 162.791 . 2 Thence North 87 Degrees 13147" West a distance of 310.361 . t� 3 Thence North 50 Degrees 11140" West a distance of 117.151 . 4 Thence North 69 Degrees 46130" West a distance of 202.481 . 5 Thence North 38 Degrees 59128" West a distance of 135.091 . 6 Thence North 23 Degrees 47135" West a distance of 240.441 . 7 Thence North 01 Degrees 38112" West a distance of 280.101 . 8 Thence North 40 Degrees 36105" East a distance of 92.201 . 9 Thence North 03 Degrees 04144" East a distance of 181.921 . 10 Thence North 54 Degrees 46157" West a distance of 1546. 13 ' to the beginning of a tangent curve concave Southerly and having a 11 radius of 1000.00' . 12 Thence Northwesterly and Westerly along said curve through a central angle of 29 Degrees 44148" a distance of 519.181 . 13 Thence tangent to said curve North 84 Degrees 31145" West a 14 distance of 492.720 to the Southeasterly corner of Parcel 7. of - Parcel Map 38 as recorded in Book 4, Pages 12 through 13, records 15 of Riverside County, California. Thence Northeasterly to a turnip y l`16 Y g point in the boundary line of The Pauba Rancho. Said point lies in the North 1/2 of Section 5, 17 Township 8 South, Range 1 West. 18 Thence leaving said boundary line on a Northeasterly bearing to a point. Said point being an intersection of the East line of 19 Section 8, Township 7 South, Range 1 West with the Northerly boundary line of the Pauba Rancho. 20 Thence Northerly along the East line of said Section 8 and the 21 East line of Section 5, Township 7 South, Range 1 West to the Northeast corner thereof. 22 Thence Westerly along the North •line of said Section 5 and the 23 North line of the East 1/2 of Section 6, Township 7 South, Range 1 West to the Northwest corner thereof. 24 Thence Northerly along the East line of the West 1/2 of Sections 25 31 and 30, Township 6 South, Range 1 West to the Northeast corner thereof. 26 Thence Easterly along the South line of the East 1/2 of Section 27 19, Township 6 South, Range 1 West to the Southeast corner thereof. 28 GERI\I.D�•GEERUNGS Thence Northerly along the East line of said Section 19 to the r' COUNTY COUNSEL SURE 300 3535•IQTN STREET -4 8- RNERSfOE.CALIFORMA 1 Northeast corner thereof. {' 2 Thence Easterly along the South line of the West 1/2 of the West 1/2 of Section 17, Township 6 South, Range 1 West to the 3 Southeast corner thereof. 4 Thence Northerly along the East line of the West 1/2 of the West 5 1/2 of said Section 17 to the Northeast corner thereof. Thence Easterly along the South line of the East 1/2 of the West 6 1/2 of Section 8, Township 6 South, Range 1 West to the Southeast corner thereof. 7 Thence Northerly along the East line of the East 1/2 of the West 8 1/2 of said Section 8 to the Northeast corner thereof. 9 Thence Easterly along the South line of the Southeast 1/4 of Section 5, Township 6 South, Range 1 West to the Southeast corner 10 thereof. 11 Thence Northerly along the East line of the Southeast 1/4 of said Section 5 to the Northeast corner thereof. 12 Thence Easterly along the South line of the Northwest 1/4 of 13 Section 4, Township 6 South, Range 1 West to the Southeast corner thereof. 14 Thence Northerly along the East line of the Northwest 1/4 of said / 15 Section 4 to the Northeast corner thereof. l 16 Thence Easterly along the South line of the Southeast 1/4 of M Section 33 and the South line of the Southwest 1/4 of Section 34, 17 Township 5 South, Range 1 West to the Southeast corner thereof. 18 Thence Northerly along the East line of the Southwest 1/4 of said Section 34 to the Northeast corner thereof. 19 Thence Easterly along the South line of the Northeast 1/4 of said 20 Section 34 and the South line of the South 1/2 of the North 1/2 of Section 35, Township 5 South, Range 1 West to the Southeast 21 corner thereof. 22 Thence Northerly along the East line of the South 1/2 of the 23 North 1/2 of said Section 35 to the Northeast corner thereof. Thence Easterly along the South line of the North 1/2 of the 24 North 1/2 of Section 36, Township 5 South, Range 1 West and the South line of the North 1/2 of the North 1/2 of Section 31, 25 Township 5 South, Range 1 East to the Southeast corner thereof. 28 Thence Northerly along the East line of the North 1/2 of the North 1/2 of said Section 31 to the Northeast corner thereof. 27 Thence Easterly along the South line of the South 1/2 of Section 28 29 and 28, Township 5 South, Range 1 East to the Southeast corner ��CPALD J.GEERLINGS CDUNTYCOUNSEL SUM 300 3s15.IOTH sTREET _4 9_ - RMRSIDE.CALIFORNIA 1 thereof. 2 Thence Northerly along the East line of the South 1/2 of said Section 28 to the Northeast corner thereof. 3 Thence Easterly along the South line of the Northwest 1/4 of 4 Section 27, Township 5 South, Range 1 East to the Southeast corner thereof. 5 Thence Northerly along the East line of the Northwest 1/4 of said 6 Section 27 to the Northeast corner thereof. 7 Thence Easterly along the South line of the East 1/2 of Section 22 and the South line of the West 1/2 of the West 1/2 of Section 8 23 to the Southeast corner thereof. 9 Thence Northerly along the East line of the West 1/2 of the`West 10 1/2 of said Section 23 to the Northeast corner thereof. Thence Westerly along the North line of the West 1/2 of the West. 11 1/2 of said Section 23 to the Northwest corner thereof. 12 Thence Northerly along the East line of the East 1/2 of Section 15, Township 5 South, Range 1 East to the Northeast corner 13 thereof. 14 Thence Westerly along the North line of the East 1/2 of said Section 15 to the Northwest corner thereof. . 15 Thence Northerly along the East line of the West 1/2 of Sections 16 10 and 3, Township 5 South, Range 1 East to the Northeast corner �+ thereof. 17 Thence Westerly along the North line of the West 1/2 of said 18 Section 3 to the Northwest corner thereof. 19 Thence Northerly along the East line of the East 1/2 of Section 33 , Township 4 South, Range 1 East to the Northeast corner 20 thereof. 21 Thence Westerly along the North line of the East 1/2 of said Section 33 to the Northwest corner thereof. 22 Thence Northerly along the East line of the Southwest 1/4 of 23 Section 28, Township 4 South, Range 1 East to the .Northeast corner thereof. 24 Thence Westerly along the North line of the Southwest 1/4 of said 25 Section 28 to the Northwest corner thereof. 26 Thence Northerly along the East line of the Northeast 1/4 of Section 29, Township 4 South, Range 1 East to the Northeast 27 corner thereof. 28 Thence Westerly along the North line of the Northeast 1/4 of said GERALD J.GEERLINGS COUNTY COUNSEL SURE 300 3"s•to HSTREET —50— RIVERSIDE.CALIFORNIA 1 Section 29 to the Northwest corner thereof. ( ' 2 Thence Northerly along the East line of the southwest 1/4 of Section 20, Township 4 South, Range 1 East to the Northeast 3 corner thereof. 4 Thence Westerly along the North line of the Southwest 1/4 of sai Section 20 to the Northwest corner thereof. 5 Thence Northerly along the East line of the Northeast 1/4 of 6 Section 19, Township 4 South, Range 1 East to the Northeast corner thereof. 7 Thence Westerly along the North line of the Northeast 1/4 of sai 8 Section 19 to the Northwest corner thereof. 9 Thence Northerly along the East line of the Southwest 1/4 of Section 18, Township 4 South, Range 1 East to the Northeast 10 corner thereof. 11 Thence Westerly along the North line of the Southwest 1/4 of'`I-°sai., Section 18 and the North line of the Southeast 1/4 of Section 13 12 Township 4 South, Range 1 West to the Northwest corner thereof. 13 Thence Northerly along the East line of the Northwest 1/4 of sail Section 13 to the Northeast corner thereof. 14 Thence Westerly along the North line of the Northwest 1/4 of sai r 15 Section 13 to the Northwest corner thereof. 16 Thence Northerly along the East line of the South 1/2 of Section ?�! 11, Township 4 South, Range 1 West to the Northeast corner 17 thereof. 16 Thence Westerly along the North line of the South 1/2 of said Section 11 to the Northwest corner thereof. 19 Thence Northerly along the East line of the Northeast 1/4 of 20 Section 10, Township 4 South, Range 1 West to the Northeast corner thereof. 21 Thence Westerly along the North line of the Northeast 1/4 of saic 22 Section 10 to the Northwest corner thereof. 23 Thence Northerly along the East line of the Southwest 1/4 of Section 3, Township 4 South, Range 1 West to the Northeast corner 24 thereof. 25 Thence Easterly along the South line of the South 1/2 of the Northeast 1/4 of said Section 3 to the Southeast corner thereof. 26 Thence Northerly along the East line of the South 1/2 of the 27 Northeast 1/4 of said Section 3 to the Northeast corner thereof. 28 Thence Easterly along the South line of the North 1/2 of the GERALD J.GEERLINGS COUNTY COUNSEL SUITE 300 3535-IOTH STREET -j 1- RIVERSIDE,CALIFORNIA i Y n v M 1 North 1/2 of Sections 2 and 1, Township 4 South, Range 1 West and the South line of the Northwest 1/4 of the Northwest 1/4 of 2 Section 6, Township 4 South, Range 1 East to the Southeast corner thereof. a 3 Thence Northerly along the East line of the Northwest 1/4 of the 4 Northwest 1/4 of said Section 6 to the Northeast corner thereof. 5 Thence Easterly along the South line of the West 1/2 and the �- South line of the West 1/2 of the East 1/2 of Section 31, 6 Township 3 South, Range 1 East to the Southeast corner thereof. 7 Thence Northerly along the East line of the West 1/2 of the East 1/2 of said Section 31 to the Northeast corner thereof. Thence Easterly along the South line of the East 1/2 of the East g 1/2 of Section 30, Township 3 South, Range 1 East to the ry Southeast corner thereof. 10 Thence Northerly along the East line of said Section 30 to the 11 Northeast corner thereof. 12 Thence Westerly along the North line of said Section 30 to the Northwest corner thereof. 13 Thence Northerly along the East line of the North 1/2 of Section 14 25 and the East line of the South 1/2 of Section 24, Township 3 15 South, Range 1 West to the Northeast corner thereof. w Thence Westerly along the North line of the South 1/2 of said 16 Section 24 and the North line of the Southeast 1/4 of Section 23, L ! Township 3 South, Range 1 West to the Northwest corner thereof. 17 Thence Southerly along the West line of the Southeast 1/4 of said 18 Section 23 and the West line of the East 1/2 of Section 26 and the West line of the Northeast 1/4 of Section 35, Township 3 19 South, Range 1 West to the Southwest corner thereof. 20 Thence Westerly along the North line of the Southwest 1/4 of said Section 35 and the North line of the Southeast 1/4 and the North 21 line of the East 1/2 of the Southwest 1/4 of Section 34, Township 22 3 South, Range I West to the Northwest corner thereof. Thence Westerly along the North line of the West 1/2 of the 23 Northwest 1/4 of Section 3 and the North line of Section 4, 24 Township 3 South, Range 1 West to the Northwest corner thereof. Thence Northerly along the East line of the Section 32, Township 25 3 South, Range 1 West to the Northeast corner thereof. 26 Thence Westerly along the North line of said Section 32 to the Northwest corner thereof. 27 Thence Northerly along the East line of Section 30, Township 3 28 South, Range 1 West to the Northeast corner thereof. GERALDJ.CEERUNC.S COUNTY COUNSEL SUITE 300 3535•IOTH STREET "5 2 RIVERSIDE.CALIFORNIA 1 Thence Westerly along the North line of the said Section 30 to the Northwest corner thereof. Thence Northerly along the East line of the East 1/2 of Section 3 24, Township 3 South, Range 2 West to the Northeast corner thereof. 4 Thence Westerly along the North line of the East 1/2 of said 5 Section 24 to the Northwest corner thereof. 6 Thence Northerly along the East line of the West 1/2 of Sections 13 and 12, Township 3 South, Range 2 West to the Northeast corner 7 thereof. 8 Thence Westerly along the North line of the West 1/2 of said Section 12 and the North line of Sections 11 and 10, Township 3 9 South, Range 2 West to the Northwest corner thereof. 10 Thence Northerly along the East line of Section 4, Township 3 South, Range 2 West to the Northeast corner thereof. 11 Thence Westerly along the North line of said Section 4 to the 12 Northwest corner thereof. 13 Thence Northerly along the East line of the South 1/2 of Section 32, Township 2 South, Range 2 West to the Northeast corner 14 thereof. 15 Thence westerly along the North line of the South 1/2 of said �- Section 32 to the Northwest corner thereof. �--. 16 Thence Northerly along the East line of the North 1/2 of Section 17 31, Township 2 South, Range 2 West to_the Northeast corner thereof. 18 Thence Westerly along the North line of said Section 31 to the 19 Northwest corner thereof. 20 Thence Northerly along the East line of the Southeast 1/4 of Section 25, Township 2 South, Range 3 West to the Northeast 21 corner thereof. 22 Thence Westerly along the North line of the Southeast 1/4 of said Section 25 to the Northwest corner thereof. 23 Thence Northerly along the East line of the Northwest 1/4 of said 24 Section 25 to the Northeast corner thereof. 25 Thence Westerly along the North line of the Northwest 1/4 of said Section 25 to the Northwest corner thereof. 26 Thence Northerly along the East line of the South 1/2 of Section 27 23, Township 2 South, Range 3 West to the Northeast corner thereof. 28 Thence Westerly along the North line of the South 1/2 of said GERALD J,GEERLIMGS • COUNTY COUNSEL SUITE 300 3535-10TH STREET "5 3 RIVERSIDE.CALIFORNIA - 1 Section 23 to the Northwest corner thereof. 2 Thence Northerly along the East line of the North 1/2 of Section 22, Township 2 South, Range 3 West to the Northeast corner 3 thereof. 4 Thence Westerly along the North line of the North 1/2 of said Section 22 to the Northwest corner thereof. 5 7 Thence Northerly along the East line of the South 1/2 of Section 6 16, Township 2 South, Range 3 West to the Northeast corner thereof. 7 Thence Westerly along the North line of the South 1/2 of said 8 Section 16 to the Northwest corner thereof. g Thence Northerly along the East line of the North 1/2 of 5ectior -. 17, Township 2 South, Range 3 West to the Northeast corner 10 thereof. Said point also being a point in the Northerly Oblth ; line of the County of Riverside, California. 11 _ Thence following said boundary line Westerly, Northerly and 12 Westerly to the TRUE POINT OF BEGINNING. 13 14 15 16 .. 17 18 19 20 21 22 23 24 25 26 27 28 GERAID J.GEERUNG5 COUNTY COUNSEL - SUITE 300 3S3S IQTHSTREET -54 RNERSIDE.CAUFORNIA - i ORDINANCE NO. 906 AN ORDINANCE OF THE CITY OF LAKE ELSINORE CALIFORNIA, RESCINDING EXISTING CHAPTER 64 TITLE 15 OF THE LAKE ELSINORE MUNICIPAL CODE (ORDINANCE NO. 832) , ADDING A NEW CHAPTER 64 TO TITLE 15 OF SAID CODE WHICH SHALL BE KNOWN AS "FLOOD DAMAGE PREVENTION" 1.1 STATUTORY—AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Lake Elsinore does ordain as follows: i 1.2 FINDINGS OF FACT A. The flood hazard areas of the City of Lake Elsinore are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. j B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and 'when i inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or-otherwise protected from flood damage also contribute to the flood i loss. 1.3 STA=Nl QE MPOSE. It is the purpose of this ordinance to I promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: i A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; MC. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To insure that potential buyers are notified that property is in an area of special flood hazard; and H. To insure that those who occupy the areas of special flood hazard assume responsihil-,ty for their actions. i 1.4 METHODS 9F REDUCING FT.QQD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses 'vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; i C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate of channel flood waters; k D. Controlling filling, grading, dredging, and other fdevelopment which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2.0 DEFINITIONS unless specifically defined below words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and give this ordinance its most reasonable application. "Appeal"_ means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. "Arga- of shallow flooding"_ a designated AO, AN Zone on the ! Flood Insurance Rate Map (FIRM) . The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. "Area of special mudslide.e. =dflowl hazard" is the area subject to severe mudslides (i.e. , mudflows) . The area is designated as Zone M on the Flood Insurance Rate Map (FIRM) . I "Base-El od" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood") . ' "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. ..'"Breakawaywalls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designated to breakaway under abnormally high tides i or wave action without causing any damage to the structural integrity of the building on which they are used or any, buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less that ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. " " means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body_ of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood Boundary n od a " means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood -Insurance Rate-Man (FIEN)n means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance S:u!2y. means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "F oo ain or flood-prone-area" means any land area susceptible to being inundated by water from any source (see definition of "flooding") . "Floodplain management" means the operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain _, management regulations. "Floodplain management regulations" m e a n s z o n i n g ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage it prevention and reduction. "Flood"Floodr means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodwav" means the channel of a river or other 4 watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. i "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 4 "Lowest floor-7 means the lowest floor of the lowest enclosed area (including basement) . An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. "Manufactuged hore!! means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or' without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than ISO consecutive days. "Manufactured home nark or-subdivision!! means a parcel (or continuous parcels) of land divided into two or more manufactured home lots for sale or rent. ! "Mean sea level_" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood insurance Rate Map are referenced. " w ns 'o " means, for floodplain management purposes, ` structures for which the "start of construction" commenced on f or after the effective date of a floodplain management i regulation adopted by this community. "One hundred year flood" or "IM7Year flood" means a flood which has a one percent annual probability of being equalled or exceeded. it is identical to the "base flood", which will be the term used throughout this ordinance. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. i "Remedy a violation" means to bring the structure or other . development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. '!Riverine!' means relating to, formed by, or resembling a river (including tributaries) , stream, brook, etc. 3 i "Special flood hazard are (SERA)'_" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A. A0, Al-30, AE, A99, AH. "Start of_Construgtion" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of ' piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory . buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantigl improvemgj= means any repair , reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1) before the improvement or repair is started; or 2) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1) any project for improvement of a structure to comply with existing state of local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or 2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements -of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation"_ means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other. certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. i SECTION 3 .0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards, and areas of mudslide (i.e. , mudflow) hazards within the jurisdiction of the City of Lake Elsinore. II � 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard, and area of mudslide (i.e. , mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Study for the City of Lake Elsinore dated August 2, 1990, with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study is on file at 130 South Main Street. This Flood Insurance Study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which are recommended to the City Council by the Floodplain Administrator. 3.3 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. violations of the provisions of this ordinance by . failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City council from taking such lawful action as is necessary to prevent or remedy any violation. 3.4 ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.. However, where this ordinance and another ordinance easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing-body; and, { C. Deemed neither to limit nor repeal any other powers granted under state statutes. t 3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards and areas of mudslide (i.e. , mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Lake Elsinore, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 3.7 SEVERABILITY. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. f I 1 SECTION 4.0 j ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained before construction or development begins within any are of special flood hazards, or areas of mudslide (i.e. , mudflow) established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in � . duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. s B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed; i C. All appropriate certifications listed in Section 4.3.D of this ordinance; and D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed ' development. j 4.2 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager, of his designee, is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions. f 4.3 DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the floodplain administrator shall include, but not be limited to: A. Permit review. i 1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied; 2 . All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding. 4. The proposed development does not adversely . j affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. i B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 3.2. , the Floodplain Administrator shall obtain, review, and reasonably utilize .any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 5.0. Any such information shall be submitted to the City Council for adoption. i C. Whenever a watercourse is to be altered or relocated: 1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; I 2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. i D. Obtain and maintain for public inspection and make available as needed: 1. the certification required in Section 5.1.C.1 (floor elevations) ; 2. the certification required in Section 5.1.C.2 (elevations in areas of shallow flooding) ; 3. the certification required in Section 5.1.C.4.c (elevation or floodproofing of nonresidential structures) ; 4. the certification required in Section S.1.C.4.a or 5.1.C.4.b (wet floodproofing standard) ; 5. the certified elevation required in Section 5.3 .B (subdivision standards) ; 6. the certification required in Section 5.5.A (floodway encroachments) ; 7. the reports required in Section 5.7.D (mudflow standards) . E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, or areas of mudslide (i.e. , mudflow) (for example, where there appears to be a conflict between a napped boundary and actual field conditions) . The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section G.O. F. Take action to remedy violations of this ordinance -as specified in Section 3.3 herein. SECTION 5. 0 PROVISIONS FOR FLOOD HAZARD REDUCTION. 5.1 STANDARDS OF CONSTRUCTION. in all areas of special flood hazards the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. ' 2. All manufactured homes shall meet the anchoring standards of Section 5.4. B. Construction Materials and Methods. I. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Require within Zones AH, AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing 1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 5.1.C.3. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to . be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. 2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least , two feet if no depth is specified. Nonresidential structures may meet the standards in Section 5. 1.C.3. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. 3 . Nonresidential construction shall either be elevated in conformance with Section 5.1.C.I. or 2. or together with attendant utility and sanitary facilities: a. be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. 3 4. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters;or b. Be certified to . comply with a local floodproofing standard approved by the Federal Insurance Administration. 5. Manufactured homes shall also meet the standards in Section 5.4. 5.2 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary and sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into flood water, B. On-site waste disposal systems shall be located to -avoid impairment to them or contamination from them during flooding. 5.3 STANDARDS FOR SUBDIVISIONS. A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. B. All final subdivision plans will provide the elevation of proposed structure (s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. 5.4 STANDARDS FOR MANUFACTURED HOMES. All new and replacement manufactured homes and additions to manufactured homes shall: A. Be elevated so that the lowest floor is at or above the base flood elevation; and B. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. 5.5 FLOODWAYS. Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: ' A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. If Section 5.5.A is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 5. 5.6 MUDSLIDE (i.e. , MUDFLOW)-PRONE AREAS. A. The Floodplain Administrator shall review permits "for proposed construction or other development to determine if it is proposed within a mudslide area. B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to: 1. The type and quality of soils, 2. Evidence of ground water of surface water problems; 3. The depth and quality of any fill; 4. The overall slope of the site; and f 5. The weight that any proposed development will impose on the slope. C. Within areas which have mudslide hazards, the following requirements apply: 1. A site investigation and further review shall be made by persons qualified in geology and soils engineering; 2. The propose grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages; 3. The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and 4. Drainage, planting, watering and maintenance shall not endanger slope stability. D. Within Zone M on the Flood Insurance Rate Map, the _ community shall adopt a drainage ordinance which at least complies with the standards of Sections 7001 through 7006 and Sections 7008 through 7015 of the most recent amendment of the 1973 Uniform Building Code: 1. The location of foundation and utility, systems of new construction and Lub-s} ntial improvements; 2. The location, drainage and maintenance of all excavations, cuts and fills and planted slopes; i G 3. Protective measures including but not limited to retaining walls, buttress fills, subdrains, diverter terraces, benchingsr etc. ; and 4. Engineering drawings and specifications to be submitted for all corrective measures, accompanied by } supporting soils engineering and geology reports. r i i 6.0 APPEAL BOARD A. The City council of the City of Lake Elsinore shall hear and decide appeals and requests for variances from the requirements of this ordinance. B. The City Council shall hear and decide appeals when it ' is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. C. in passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: 1. the danger that materials may be swept onto other E lands to the injury of others; 2. the danger of life and property due to flooding or erosion damage; 3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. the importance of the services provided by the i proposed facility to the comunit ; 5. the necessity to the facility of a waterfront location, where applicable; 6. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. the compatibility of the proposed use with existing and anticipated development; 8. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. the safety of access to the property in time of flood for ordinary and emergency vehicles; 10. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. D. Generally, variances may be issued for new construction and substantial to be erected on a lot of one- half acre of less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 6.1.C.l. through 6.1.C.11 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. E. Upon consideration of the factors of Section 6.1.0 and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. } F. The Floodplain Administrator shall maintain the records } of all appeal action and report any variances to the Federal f Insurance Administration upon request. E 6.2 CONDITIONS FOR VARIANCES 4 A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic places, without regard to the procedures set forth in the remainder of this section. ' B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. C. variances shall only be issued upon a determination that i the variance is the minimum necessary, considering the flood hazard, to afford relief. D. Variances shall only be issued upon:- 1. a showing of good and sufficient cause; 2. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances. E. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 6.2.A through 6.2.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory . flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Riverside County Recorder and shall be recorded in a •manner so that is appears in the chain of title of the affected parcel of land. I i i I I I i I I I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: I The existing Chapter 64 of Title 15 of the Lake Elsinore Municipal Code, Ordinance No. 8320 is hereby rescinded in its entirety and a new Chapter 64 of Title 15, as contained in Exhibit "A", attached hereto and made a part hereof, is hereby added to said Code, and shall be known and may be cited as the "Flood Damage Prevention" Ordinance, and the newly revised Flood Insurance Study, Flood Insurance Rate Maps (FIRM's) , and Flood Hazard Boundary Map (FHBM's) all dated August 2, 1990 attached hereto, are hereby adopted by reference and declared to be a part of this ordinance. SECTION 7.0 This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this day of October 91 1990, upon the following roll call vote: AYES: COUNCIjZ=ERS: BUCK, DOMINrUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS, 24th day of October, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Washburn, Mayor 1 i A ES`r: AL-pj' UV::J A., TO F R. AND LvCAw:TY: Vicki Ly a Kasad, City Clerk John R. Hazter, ity o ey I I i 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 had its first reading on October 9, 1990, and had its second reading on October 24, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE LVICKI IJE�KASAD, C Y CLERK CITY OFKE 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. 905 of said Council, and that the same has not been amended or repealed. DATED: October 25, 1990 VICKI LYNN SAD, CITY C ERK CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 907 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 WHEREAS, on November 14 , 1989 , the City Council of the City of Lake Elsinore, State of California (the "City Council" ) , adopted Resolution No. 89--64 stating its intention i to form Community Facilities District No . 88-3 (West Lake k Elsinore) of the City of Lake Elsinore, State of California i i (the "District" ) pursuant to Chapter 2 . 5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California 4 Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the Act" ) ; and i i WHEREAS, on November 14 , 1989 , the City Council also adopted Resolution No . 89-65 stating its intention to incur bonded indebtedness in an amount not to exceed $30, 000, 000 within the District for the purpose of financing all or a I f portion of the acquisition and construction of public facilities , including streets, drainage, sewer and water i improvements , fire protection and park facilities , together i with necessary appurtenances thereto and site and right-of-way acquisition, (the "Facilities" ) to serve the area within the i District; and WHEREAS, notice was published as required by law f relative to the intention of the City Council to form the proposed District and to incur bonded indebtedness in an amount not to exceed $30 , 000 , 000 within the boundaries of the i i District ; and i WHEREAS, on December 26 , 1989 , the City Council held a noticed public hearing as required by law to determine I I whether it should proceed with the formation of the District and authorize the rate and method of apportionment of a special tax to be levied within the District for the purpose E of paying for the Facilities and the costs associated with the bonds proposed to be issued to finance the Facilities , including the principal of and interest on the proposed bonds ; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the special tax were heard and a full and fair hearing was held; and I WHEREAS, at the end of the public hearing the City Council duly adopted a Resolution which established the i District, determined the validity of prior proceedings relative to the formation of the District and the incurring of bonded indebtedness , authorized the levy of a special tax within the District , and called an election within the District on the propositions of incurring bonded indebtedness , I levying a special tax and establishing an appropriations limit ' within the District ; and WHEREAS, at the end of the public hearing the City Council adopted a Resolution which determined the necessity of incurring bonded indebtedness in an amount not to exceed $30 , 000 , 000 ; and WHEREAS, due to the concurrent processing of the land within the District for subdivision approvals and the negotiation of development agreements and financing parameters I with the various parties to the financing , and in response to the request of certain owners of property within the District , the City on October 9 , 1990 adopted a Resolution which canceled and postponed all elections previously scheduled and rescheduled such election to November 14 , 1990 ; and WHEREAS, on November 14 , 1990 , an election was held within the District in which the qualified electors approved i by more than a two-thirds vote the propositions of incurring bonded indebtedness , levying a special tax and establishing an appropriations limit within the District ; 7 3189a5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS : Section 1 . The above recitals are all true and correct and this City Council so finds and determines . i Section 2 . By the passage of this ordinance, the City Council authorizes the levy of a special tax pursuant to the rate and method of apportionment set forth in Exhibit "A" attached hereto and incorporated by reference herein. Section 3 . The City Council is hereby further authorized each year by Resolution to determine the specific i special tax rate and amount to be levied for the next fiscal I year , except that the special tax rate to be levied shall not exceed that set forth in Exhibit "A" hereto, but the special tax may be levied at a lower rate . i ' Section 4 . Properties or entities of the state, federal or other local governments shall , except as provided in Sections 53317 . 3 , 53317 . 5 , and 53340 . 1 of the Act, be exempt from the above-referenced and approved special tax. Section 5 . All of the collections of the special tax shall be used as provided for in the Act and the Resolution of Formation adopted on December 26 , 1989 . The i special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 6 . The above authorized special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same E penalties and the same procedure, sale and lien priority in E i case of delinquency as is provided for ad valorem taxes , as j such procedure may be modified by law or by the City Council from time to time . � I Section 7 . As a cumulative remedy, if any amount i levied pursuant hereto as a special tax for payment of bond interest or principal together with any penalties and other I` charges accruing under this ordinance are not paid when due, the City Council may, not later than four years after the due 3 3189a5 I date of the last installment of principal , order that the same be collected by an action brought in the superior court to foreclose any lien therefor . Section 8 . The. Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage . Section 9 . The City Clerk of the City of Lake Elsinore is hereby directed to publish this ordinance once within fifteen ( 15) days following its adoption in The Press-Enterprise, a newspaper of general circulation in the area of the District . Section 10 . This ordinance shall be in full force and effect 30 days after its adoption . PASSED upon first reading this 27th day of November, 1990, I by the following .roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STARKEY ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 11th day of December, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: N NE GARY M WASHBURNY OR A TEST: CITY LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: ICKI KASAD, CITY CLERK 30HN R . HARPER, C Ty TTORNEY f i EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE CITY OF LAKE ELSINORE (WEST LAKE ELSINORE) A Special Tax (the "Special Tax"). shall be levied on and collected from each parcel in Special Tax Area A and Special Tax Area B of Community Facilities District No. 88-3 in each Fiscal Year, commencing July 1, 1990, in an amount determined by the City Council of the City of Lake Elsinore through the application of the appropriate Special Tax for "Developed Property" and "Undeveloped Property" as described below. All of the property in CFD No. 88-3 , unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. Definitions. The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2 . 5 , Division 2 of Title 5 of the Government Code of the State of California. "Approved Undeveloped Property" means all Taxable Property in CFD No. 88-3 as of July 1 of any year not classified as Developed Property, for which a final tract map has been recorded as of March 1 of the previous Fiscal Year. "Assigned Special Tax" means the Special Tax for each Land Use Class, as determined by reference to Table I and Table II of Section C below. "Base Maximum Special Tax" means an amount equal to $0. 19 per square foot of Assessor's Parcel applicable to each parcel of Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area A in Fiscal Year 1990-91, and an amount equal to $0. 05 per square foot of Assessor's Parcel applicable to each parcel of Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area B in Fiscal Year 1990-91. "City" means the City of Lake Elsinore. "Council" means the City Council of the City of Lake Elsinore. 12/18/89 I Page 2 "Developed Property" means all Taxable Property in GFD No. 88-3 as of July 1 of any year for which a foundation building permit has been issued as of March 1 of the previous Fiscal Year. "Facilities" means any improvements or facilities designated by the Council with an estimated useful life of five years or longer which are eligible for financing under the provisions of the Act. "Fiscal Year" means the period starting July 1 and ending the following June 30. "Land Use Class" means any of the categories listed in Table I or Table II in Section C below to which a parcel is assigned consistent with the provisions hereof. "Maximum Assigned Special Tax" for Approved Undeveloped Property and Raw Undeveloped Property in Fiscal Year 1990-91 means an amount equal to $9 , 207 per acre in Special Tax Area A and $2, 353 per acre in Special Tax Area B. "Maximum Special Tax" means the maximum Special Tax, determined i in accordance with Section C, that can be levied by the Council in any Fiscal Year for each class of Developed Property and for Approved and Raw Undeveloped Property, as applicable. "Raw Undeveloped Property" means all Taxable Property in CFD No. S 88-3 not classified as Developed Property or Approved Undeveloped Property. "Special Tax" means the Special Tax for each Land Use Class, determined in accordance with Section C below, that can be levied by the Council in any Fiscal Year. "Special Tax Requirement" means the amount, to be determined annually by the Council, necessary to pay the authorized costs and expenses of CFD No. 88-3 including those necessary to t administer the bonds, collect and administer the Special Taxes, and administer CFD No. 88-3 (which total administrative amount shall be separately stated by the Council in each levy) , to pay current debt service on the bonds, to accumulate funds for future i debt service (but only in years in which no revenues are collected from Undeveloped Property) , to pay amounts delinquent on the bonds (or to become delinquent based upon past Special Tax delinquencies) , to replenish the reserve fund to its proper level (including payments to be made from the reserve fund based upon past Special Tax delinquencies) , to compensate for anticipated Special Tax delinquencies (based upon past delinquency experience) , to pay directly for Facilities or to accumulate funds for that purpose, and to pay for all authorized services. i i i i i Page 3 1 i ' "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 88-3 which are not exempt from'the Special Tax pursuant to law or Section E below. B. Assignment to Land Use Categories. On July 1 of each year, all Taxable Property within CFD No. 88-3 shall be categorized either as Developed Property, Approved Undeveloped Property or Raw Undeveloped Property, and shall be subject to tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. For purposes of determining the applicable Maximum Special Tax pursuant to Section C and depending on its location in Special Tax Area A or B, Developed Property shall be assigned to one of the classes designated in Table I or Table II below. Single Family Detached Residential Developed Property shall be assigned to Classes 1 through 4 based on the square footage of the dwelling unit, exclusive of garages or other structures not used ! as living space, to be constructed on an Assessor's Parcel as set forth in the original building permit issued for such property. Attached Residential Developed Property shall be assigned to 1 Class 5 . i Commercial/ Industrial Developed Properties shall be assigned to Class 6 . The square footage of a Commercial/Industrial building shall be computed from the gross square footage for the building(s) as reflected in the building plans upon which the building permit(s) for such parcel was issued. The acreage of a Commercial/Industrial parcel shall be determined by reference to the then current Assessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for Riverside County. C. Maximum Special Tax Rate 1. Developed Property The Maximum Special Tax for an Assessor's Parcel classified as Developed Property in Classes 1 through 6 shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel times the Base Maximum Special Tax or (ii) the Assigned Special Tax determined by reference to Table I or Table II below. For purposes of this Section C, the acreage or square footage of an Assessor's parcel shall be determined by reference to the then current Assessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for Riverside County. i i i Page 4 Notwithstanding the above, for Attached Residential Developed Property, a portion of the acreage in a recorded tract map shall be taxed as Undeveloped Property•if building permits for one or more, but not all, of the units in the approved condominium or site plan for that map have been issued. The acreage in a recorded tract map to be taxed as Undeveloped Property shall equal the proportion of the associated condominium or site plan's approved units for which building permits have not been issued, multiplied by the total acreage within that tract map. Notwithstanding Section E below, for purposes of computing the Base Maximum Special Tax for each dwelling unit located on parcels of Attached Residential Developed Property that are owned by a homeowner's or property owner's association, the square footage of the entire Assessor's Parcel shall be included to determine the Base Maximum Special Tax. In making the computations set forth in this Section C (1) and in determining the Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1991 and on each July 1 thereafter, the Base Maximum Special Tax and the Assigned Special Tax for each class set forth in Table I and Table II shall be increased by an amount equal to 2 . 0% of the amount in effect for the previous Fiscal Year. TABLE I ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA A OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/INDUSTRIAL) (ALL SPECIAL TAX AREA A PROPERTIES ARE IDENTIFIED ON ATTACHED MAP AND IN THE "NOTICE OF SPECIAL TAX LIEN" TO BE RECORDED IN CONJUNCTION WITH THIS DISTRICT) Assigned Special Land Use Density or Tax (Fiscal Class Description Sggare Footage Year 1990-91) 1 Single Family 2 ,800 or more $ 1,969 per Detached unit 2 Single Family 2 , 300 - 2,799 SF $ 1, 688 per Detached unit 3 Single Family 1,700 - 2 , 299 SF $ 1, 406 per Detached unit 4 Single Family Less than 1,700 SF $ 1, 126 per Detached unit 5 Attached Homes Not Applicable $ 901 per unit 6 Commercial/ Not Applicable $ 8, 277 per acre Industrial Page 5 j The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum special Tax alternative is used ($0. 19 per square foot of. Assessor's Parcel) . The Base Maximum Special Tax would be applied under the Fourth step of Section D (below) to lots larger than a certain size for each class of Single Family Detached Property. Single Family Detached lots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: Class 1: 10, 363 Sq. Ft. Class 3 : 7,400 8q. Ft. Class 2: 8,884 Sq. Ft. Class 4: 5,926 Sq.- Ft. The Base Maximum Special Tax would also apply to-Class 5 if units are built at densities less than 9. 18 units per acre and to all Class 6 parcels. TABLE II F ASSIGNED SPECIAL TAXES ON DEVELOPED -PROPERTY IN SPECIAL TAX AREA B OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/INDUSTRIAL) ` (ALL SPECIAL TAX AREA B PROPERTIES ARE IDENTIFIED ON ATTACHED MAP AND IN THE "NOTICE OF SPECIAL TAX LIEN" TO BE RECORDED IN CONJUNCTION WITH THIS DISTRICT) Assigned Special Land Use Density or. Tax (Fiscal Class Description Sguare Footage Year 1990-911 1 Single Family 2 ,800 or more $ 1,969 per Detached unit 2 Single Family 2 ,300 - 2 ,799 SF $ 1, 688 per Detached unit 3 Single Family 1,700 - 2, 299 SF $ 1,406 per Detached unit 4 Single Family Less than 1,700 SF $ 1, 126 per Detached unit 5 Attached Homes Not Applicable $ 901 per unit 6 Commercial/ Not Applicable $ 2, 178 per acre Industrial The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum Special Tax alternative is used ($0.05 per square foot of Assessor's Parcel) . The Base Maximum Special Tax would be applied under the Fourth step of Section D (below) to lots larger than a certain size for each class of Single Family Detached i Property. Single Family Detached lots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: f Class 1: 39, 380 Sq. Ft. Class 3 : 28 , 120 Sq. Ft. Class 2 : 33 , 760 Sq. Ft. Class 4 : 22, 520 Sq. Ft. - i i ' I i Page 6 The Base Maximum Special Tax would also apply to Class 5 if units are built at densities less than 2 .41 units per acre- and to all Class 6 parcels. 2. Undeveloped Property The Maximum Special Tax for an Assessor's Parcel classified as Raw Undeveloped Property or Approved Undeveloped Property shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel by the Base Maximum Special Tax (as applicable for each Special r Tax Area) or (ii) the Maximum Assigned Special Tax Rate. The Assigned Special Tax for Approved Undeveloped Property shall be $ 990 per lot in both Special Tax Area A and Special Tax Area B except for recorded lots over 20, 000 square feet, for which the Assigned Special Tax shall be $2 , 157 per acre. The Maximum Assigned Special Tax for Approved Undeveloped Property and Raw Undeveloped Property shall be $9, 207 per acre in Special Tax Area A and $2, 353 per acre in Special Tax Area B. In making the computation set forth in Section C (2) and in determining the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax on Raw and Approved Undeveloped Property which may be levied in any Fiscal Year, on July 1, 1991 and on any July 1 thereafter, the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax for Raw and Approved Undeveloped Property shall be increased by an amount equal to 2. 0% of the amount in effect for the previous Fiscal Year. D. Method of�Apportionment of the Special Tax to Developed Property and Undeveloped Property. Starting in Fiscal Year 1990-91 and for each following Fiscal Year, the Council shall determine the amount of money to be collected from Taxable Property in CFD No. 88-3 in the Fiscal Year (the Special Tax Requirement) . I The Council shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requirement: First: The Special Tax shall be levied on each parcel of Developed Property, exclusive of property exempt from Special Taxes pursuant to Section E below, in equal percentages (up to I 100%) of the Assigned Special Tax Rate for each class of Developed Property for such Fiscal Year determined by reference to Table I and Table II ; I i Page 7 Second: If additional monies are needed after the first step has been completed, the Special Tax shall be levied on each parcel of Approved Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E (below) , in equal percentages (up to 100%) of the Assigned Special Tax; Third: If additional monies are needed after the first two steps have been completed, - then the Special Tax shall be levied on each parcel of Raw Undeveloped Property in equal percentages (up to 100%) of the Maximum Assigned Special Tax for Raw Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E below, up to, for Special Tax Area A, 91. 47% of the Special Tax Requirement (i.e. net of revenues collected in the first and second steps above) and, for Special Tax Area B, 8.53% of the Special Tax Requirement (i.e. net of revenues collected in the first and second steps above) ; Fourth: If additional monies are needed after the first three steps have been completed, the Special Tax shall be levied on each parcel of Approved Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E (below) , in equal percentages (up to 100%) of the Maximum Assigned Special Tax for Approved Undeveloped Property; Fifth: If additional monies are needed after the first four steps have been completed, then the levy of the Special Tax on each parcel of Developed Property whose Maximum Special Tax is determined through the application of the Base Maximum Special Tax Rate shall be increased in equal percentages from the Assigned Special Tax Rate up to the Maximum Special Tax Rate for each such parcel for such Fiscal Year; Sixth: If additional monies are needed after the first five steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property owned by a Homeowners' Association which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property; and Seventh: If additional monies are needed after the first six steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property conveyed or irrevocably offered to a public agency which has not been exempted from the Special Tax pursuant to Section E_, up to the Maximum Special Tax for Undeveloped Property. Page 8 E. Exemptions. 1 . Special Tax Area A A Special Tax shall not be imposed on up to 156.50 acres of Undeveloped Property conveyed or irrevocably offered to a public agency or conveyed to a Homeowners' Association. The acres exceeding such total of 156.50 acres shall be taxed consistent with Developed or Undeveloped Property to the extent set forth in Steps Six and Seven of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. 2 . SpecialTax_A_r_ea B A Special Tax shall not be imposed on up to 486 acres of Undeveloped Property conveyed or irrevocably offered to a public agency or conveyed to a Homeowners' Association. The acres exceeding such total of 486 acres shall be taxed consistent with Developed or Undeveloped Property to the extent set forth in Steps Six and Seven of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. F. ReviewZApoeal committee. The Council shall establish as part of the proceedings and administration of CFD No. 88-3 a special three-member Review/Appeal Committee. Any landowner or resident who feels that the amount of the Special Tax, as to their parcel, is in error may file a notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such parcel. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. Page 9 G. Manner of Collection. The special taxes for CFD No. 88-3 will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 88-3 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. In the event of a delinquency, CFD No. 88-3 will pursue foreclosure in a timely manner. p NO SCALE � I '1tRrtiN . ZON E B 1 7 ZONE I EXHIBIT TO RATE AND METHOD OF APPORTIONMENT FOR PROPOSED COMMUNITI' FACILITIES DISTRICT NO f 68- 3 IN THE CITY Or LAKE ELSINORE , COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 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 had its first reading on November 27, 1990, and had its second reading on December 11, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES : COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE L IC SAD, CITY CLERK CITY OF E 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. 907 of said Council, and that the same has not been amended or repealed. DATED: December 27 , 1990 VICKI LYNN KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL)