HomeMy WebLinkAboutTri-Pointe Homes DA Single Family Lots TTM 34249 Canyon Hills Estates APN 365-230-009, -012, -011, -006, -005 Doc 2022-0375250 Recorded 08-29-2022 DOC # 2022-0375250
08/29/2022 12:53 PM Fees: $0.00
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Recorded in Official Records
RECORDING REQUESTED BY AND County of Riverside
WHEN RECORDED MAIL TO: Peter Aldana
Assessor-County Clerk-Recorder
City of Lake Elsinore
130 S. Main Street
Lake Elsinore CA 92530 "This document was electronically submitted
to the County of Riverside for recording-
Attn: City Clerk Receipted by: DEYANIRA#293
SPACE ABOVE THIS LINE FOR RECORDER'S USE
(Exempt from Recording Fees Per Govt.Code§27383)
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF LAKE ELSINORE AND TRI POINTE HOMES IE-SD, INC.
(CANYON HILLS ESTATES TENTATIVE TRACT MAP NO. 34249)
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LIST OF ATTACHMENTS
ATTACHMENT "A" Legal Description
ATTACHMENT `B" Vicinity Map
ATTACHMENT "C" Development Fees
ATTACHMENT "D" Property Owner Consents
ATTACHMENT "B" Conditions of Approval
LIST ATTACHMENTS DA-TriPointe.TTM34249.Finai
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TABLE OF CONTENTS
Page
1. DEFINITIONS.................................................................................................................3
2. PURPOSE AND ANALYSIS..........................................................................................6
2.1 Vested Right in Existing Land Use Regulations. 6
2.2 Development of the Developer Property. 6
2.3 Public Park. 6
2.4 Uses. 6
2.5 Intensity 7
2.6 Size. 7
2.7 Tentative Subdivision Map Extensions. 7
2.8 Timing of Development. 7
3. RULES, REGULATIONS AND OFFICIAL POLICIES............................................7
3.1 Effect of Agreement on Land Use Regulations. 7
3.2 New Rules. 8
3.3 Subsequent Actions and Approvals. 9
3.4 State and Federal Laws. 9
4. FEES, TAXES AND FINANCIAL RESPONSIBILITIES..........................................9
4.1 Development Impact Fees. 9
4.2 Development Agreement Fees. 10
4.3 General and Special Taxes. 10
4.4 Reservations, Dedications and Improvements Plan 10
5. DURATION OF AGREEMENT.................................................................................. 10
5.1 Term 10
5.2 Annual Review. 10
5.3 Operating Memoranda. 11
5.4 Amendment 11
6. COVENANT OF FURTHER ASSURANCES AND FAIR DEALING.................... 11
6.1 Further Assurances. 11
6.2 Covenant of Good Faith and Fair Dealing. 12
7. PERMITTED DELAYS................................................................................................ 12
8. ESTOPPEL CERTIFICATES...................................................................................... 12
9. RECORDATION BY CITY CLERK.......................................................................... 12
10. DEFAULT ...................................................................................................................... 12
10.1 Events of Default. 12
10.2 Remedies 13
10.3 No Waiver. 13
10.4 Effect of Termination. 13
11. INCORPORATION BY REFERENCE ...................................................................... 13
11.1 Recitals 13
11.2 Attachments 14
12. APPLICABLE LAW..................................................................................................... 14
13. NO JOINT VENTURE, PARTNERSHIP OR THIRD PARTY
BENEFICIARY.............................................................................................................. 14
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TABLE OF CONTENTS
(continued)
Page
14. COVENANTS RUNNING WITH THE LAND.......................................................... 14
15. TERMS AND CONSTRUCTION................................................................................ 14
15.1 Severability 14
15.2 Entire Agreement. 14
15.3 Signature Pages; Counterparts. 15
15.4 Time 15
15.5 Notices 15
16. ASSIGNMENT AND NOTICE.................................................................................... 16
17. ENCUMBRANCES AND RELEASES ON REAL PROPERTY.............................. 16
17.1 Discretion to Encumber. 16
17.2 Entitlement to Written Notice of Default. 16
17.3 Property Subject to Pro Rata Claims. 17
18. CONSTRUCTION, NUMBER AND GENDER. ........................................................ 17
19. INSTITUTION OF LEGAL ACTION........................................................................ 17
20. INDEMNIFICATION................................................................................................... 17
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF LAKE ELSINORE AND TRI POINTE HOMES IE-SD, INC. (CANYON HILLS
ESTATES TENTATIVE TRACT MAP NO. 34249)
(Pursuant To Government Code
Sections 65864 -65869.5)
This Development Agreement ("Agreement") dated as of May 25, 2022 ("Approval
Date")is entered into by and between TRI POINTE HOMES IE-SD, Inc., a California corporation
("Developer"), and the City of Lake Elsinore, a California municipal corporation ("City").
Developer and City are sometimes singularly referred to herein as a "Party" and are collectively
referred to herein as the "Parties."
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development,the legislature of the State
of California adopted the "Development Agreement Act," Government Code Sections 65864
through 65869.5. The Development Agreement Act authorizes the City to enter into an agreement
with any person having a legal or equitable interest in real property regarding the future
development of such property.
B. Pursuant to the Development Agreement Act, the City adopted Ordinance No. 996
establishing procedures and requirements for consideration of development agreements as set forth
in Lake Elsinore Municipal Code Chapter 19.12 (the "Development Agreement Ordinance").
C. Developer has a legal or equitable interest in that certain real property generally
located within the southeast quadrant of the City, south of Canyon Hills Road, east and west of
Cottonwood Canyon Road, that is more particularly described as Assessor Parcel Numbers 365-
230-009, 365-230-012, 365-230-011, 365-230-006, 365-230-005 (the "Developer Property").
The parcels of land comprising the Developer Property are more particularly described in the Legal
Description (Attachment "A") and depicted in the Vicinity Map (Attachment "B"). The
Developer Property is a portion of the property within the Canyon Hills Estates Specific Plan and
a portion of the property under Tentative Tract Map No. 34249, as discussed further below.
D. The Developer Property is owned by(1)JOHN W.FLANIGAN,AS SUCCESSOR
TRUSTEE OF THE FLANIGAN LIVING TRUST DATED AUGUST 24, 2004—TRUST A, as
to an undivided 56%interest, and JOHN W. FLANIGAN, AS SUCCESSOR TRUSTEE OF THE
FLANIGAN LIVING TRUST DATED AUGUST 24, 2004—TRUST B, as to an undivided 44%
interest (collectively, the "Flanigan Owner"); and (2) as to "Parcel l," THE FLYING BEE
RANCH III, a California limited partnership ("Flying Bee Owner"), and as to "Parcel 2" as
tenants in common: CARY SCHROEDER AND BRENDA L. SCHROEDER, TRUSTEES OF
THE CARY SCHROEDER AND BRENDA L. SCHROEDER REVOCABLE TRUST DATED
JUNE 30, 2006, as to an undivided 20% interest ("Schroeder Owner"); DIANA L. FOSTER, a
married woman as her sole and separate property, as to an undivided 20% interest ("Foster
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Owner"); LINDA M. BEAN, a married woman as her sole and separate property, as to an
undivided 20% interest ("Bean Owner"); DAVID BEHRENS, a married man as his sole and
separate interest, as to an undivided 20% interest; and RICHARD E. BEHRENS, a single man as
to an undivided 20% interest (collectively, the "Behrens Owner"). The Flanigan Owner, Flying
Bee Owner, Schroeder Owner, Foster Owner, Bean Owner and Behrens Owner are hereinafter
referred to collectively as "Property Owner". The Property Owner has provided notarized written
consent to the terms of this Agreement and the recordation thereof in the Property Owner Consents
(Attachment"D").
E. On January 23, 2007,the City Council approved Environmental Impact Report No.
2006-02, General Plan Amendment No. 2006-04, Specific Plan No. 2006-01 and Tentative Tract
Map No. 34249 for the subdivision of 246.41 acres into 302 single family residential lots, 12 open
space lots, one (1) public park and two (2) tank sites. The Developer Property is approximately
81.32 acres of the larger, approximately 246 acre property previously entitled for Development.
Environmental Impact Report No. 2006-02, General Plan Amendment No. 2006-04, Specific Plan
No. 2006-01 and Tentative Tract Map No. 34249 are referred to collectively as the "Existing
Development Approvals."
F. Developer desires to submit proposed revisions to Tentative Tract Map No. 34249
with a Phasing Plan designating the Developer Property as Phase 1 to include 132 single-family
lots and 42.39 acres of open space, with access from Cottonwood Canyon Road. Developer also
proposes to submit an application for Residential Design Review providing for Development of
132 detached single-family homes that range from approximately 1,793 to 3,291 square feet on
the Developer Property. Preparation of the proposed revisions to Tentative Tract Map No. 34249,
Phasing Plan,Residential Design Review and other Subsequent Approvals(as hereinafter defined)
and the Development of the Developer Property require significant financial investment by
Developer. In order to bring certainty and stability to the City's regulations applicable to the
Subsequent Approvals and the Development of the Developer Property, the Developer and the
City intend to vest the Existing Land Use Regulations and the development rights under the
Existing Development Approvals and to memorialize the Parties' negotiated agreement regarding
Developer's obligations to provide certain public benefits as set forth in this Agreement.
G. On May 3, 2022, the City of Lake Elsinore Planning Commission held a duly
noticed public hearing to consider Developer's application for this Agreement and recommended
to the City Council approval of this Agreement.
H. On May 25, 2022, the City Council held a duly noticed public hearing to consider
this Agreement and found and determined that (a) this Agreement is compatible with the orderly
development of the Developer Property and the surrounding area, including with the uses
authorized in, and the regulations prescribed for, the land use district in which the real property is
located; (b) this Agreement will have an overall positive effect on the health, safety and welfare
of the residents of and visitors to the City, is in conformity with public convenience, general
welfare and good land use practices and will not be detrimental to the health, safety and general
welfare or adversely affect the orderly development of property or the preservation of property
values; (c) this Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Development Agreement Act and Development Agreement Ordinance; (d)this
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Agreement is entered into pursuant to and consistent with the requirements of the Development
Agreement Act and the Development Agreement Ordinance; and (e) this Agreement is consistent
with the objectives,policies, general land uses and programs specified in the General Plan and any
applicable specific plan; and did therefore, in approving this Agreement introduce for first reading
Ordinance No. 2022-1472 (the "Enabling Ordinance"). On June 14, 2022, the City Council
conducted the second reading of the Enabling Ordinance thereby approving this Agreement, to
become effective thirty(30) days thereafter which date is July 14, 2022, (the "Effective Date").
I. The foregoing Recitals constitute a substantive part of this Agreement, and the
Parties have materially relied upon theirs as such in their respective determinations to execute this
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual terms, obligations, promises,
covenants and conditions contained herein and for other valuable consideration, the sufficiency of
which is hereby acknowledged, the Parties, and each of them, agree as follows:
I. DEFINITIONS.
All initially-capitalized words, terms and phrases used, but not otherwise defined,
in the Recitals shall have the meanings assigned to them in Section 1 of this Agreement,unless the
context clearly indicates otherwise.
1.1 "Agreement" means this Development Agreement, including the attached
Exhibits. The term "Agreement" shall include any amendment properly approved and executed
pursuant to Section 5.4 below.
1.2 "Applicable Rules" means this Agreement, the Existing Development
Approvals, all Subsequent Approvals, the Existing Land Use Regulations, the Development
Agreement Ordinance, and the Enabling Ordinance, as those terms are defined within this
Agreement.
1.3 "Building Codes" shall mean such California standard, uniform, codes
governing construction, including without limitation, the Building Code, Housing Code, Energy
Code, Green Building Code, Plumbing Code, Electrical Code, Mechanical Code and Fire Code
(including amendments thereto by the Riverside Fire Authority), as modified and amended by
official action of the City as set forth in Title 15 of the Lake Elsinore Municipal Code as may be
amended from time to time.
1.4 "CEQA" means the California Environmental Quality Act, Public
Resources Code Section 21000, et seq. and the implementing regulations promulgated thereunder
as the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and
the City's local guidelines.
1.5 "City"means the City of Lake Elsinore, a municipal corporation.
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1.6 "City Council"means the duly elected City Council of the City.
1.7 "City Manager" means the City Manager of the City and authorized
designees.
1.8 "Conditions of Approval" means the conditions imposed by the City in
connection with the approval of Tentative Tract Map No. 34249,including the mitigation measures
identified in Environmental Impact Report No. 2006-02 and its Mitigation Monitoring Program
which are collectively attached as Attachment "E." Conditions of approval and any applicable
mitigation measures imposed in connection with any Subsequent Approval shall be appended to
Attachment"B"and shall prevail in the event of a conflict with the original Conditions of Approval
in the Development of the Developer Property.
1.9 "Day"refers to a calendar day, unless otherwise specified.
1.10 "Dedication" shall mean Developer's grant of real property or an interest
therein to the City or another governmental,public agency or non-profit entity for a public purpose.
1.11 "Developer" means TRI POINTE HOMES IE-SD, Inc., a California
corporation and its successors in interest to all or any part of the Developer Property.
1.12 "Developer Property" means the real property which is the subject of this
Agreement and which is described in Recital C, and more particularly described in Attachment
"A" attached hereto and incorporated by this reference.
1.13 "Development" means the construction and/or installation of structures,
improvements and facilities on the Developer Property as set forth in this Agreement including,
without limitation,grading,the construction of infrastructure and public facilities(whether located
within or outside the Developer Property), the construction of buildings and the installation of
landscaping.
1.14 "Development Agreement Act" is defined in Recital A of this Agreement
1.15 "Development Agreement Fee" is defined in Section 4.2
1.16 "Development Agreement Ordinance" is defined in Recital B of this
Agreement.
1.17 "Development Fees" means Development Impact Fees and Development
Agreement Fees as set forth in Attachment "C".
1.18 "Development Impact Fees" means local or regional impact fees, linkage
fees, or exactions, collected as a condition to issuance of grading and/or building permit, or
otherwise, imposed by the City on and in connection with Development. Development Impact
Fees do not include (a) Processing Fees and Charges; (b) impact fees, linkage fees, exactions,
assessments or fair share charges or other similar fees or charges imposed by other governmental
entities regardless of whether the City is required to collect or assess such fees pursuant to
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applicable Laws (e.g., school district impact fees pursuant to Government Code Section 65995),
or(c) general or special taxes and assessments.
1.19 "Effective Date" means the date this Agreement and the Enabling
Ordinance approving this Agreement become effective as defined in Recital H.
1.20 "Enabling Ordinance" is defined in Recital H.
1.21 "Existing Development Approvals"means Environmental Impact Report
No. 2006-02, General Plan Amendment No. 2006-04, Specific Plan No. 2006-01 and Tentative
Tract Map No. 34249, as set forth in Recital E of this Agreement, including all Conditions of
Approval and mitigation measures.
1.22 "Existing Land Use Regulations" means the City General Plan, the
Canyon Hills Estates Specific Plan, Existing Development Approvals and the City's rules,
regulations, ordinances, resolutions and official policies applicable to the Development and
occupancy of the Developer Property which are in effect on the Approval Date, subject to the
exceptions set forth in Section 3.2 et seq. Existing Land Use Regulations includes the categories
of Development Impact Fees as provided in Section 4.1.
1.23 "Government Code"means the California Government Code.
1.24 "Parties"mean Developer and the City.
1.25 "Processing Fees and Charges" means all processing fees and charges
required by the City in connection with the processing of an application for new construction,
including, but not limited to, Subsequent Approvals application fees, plan-check and inspection
fees, fees for monitoring compliance with any Existing Development Approval or Subsequent
Development Approval or for monitoring compliance with environmental impact mitigation
measures.
1.26 "Project"means the Development of the Developer Property for residential
and related ancillary uses and open space uses,proposed by the Developer to include 132 detached
single-family homes that range from approximately 1,793 to 3,291 square feet and 42.39 acres of
open space, with access from Cottonwood Canyon Road as set forth in the Applicable Rules,
including Conditions of Approval.
1.27 "Subsequent Approvals" shall mean all future land use and development
entitlements, permits and plans that do not yet exist and are necessary for Development of the
Developer Property, including any revisions to Tentative Tract Map No. 34249,residential design
review, final subdivision maps, building permits, grading permits, encroachment permits,
landscape and signage plans and other similar permits subject to and including all conditions of
approval and any mitigation measures identified and adopted pursuant to the Existing Land Use
Regulations and applicable CEQA review, if any, in accordance with the terms of this Agreement.
1.28 "Term" is defined in Section 5.1.
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2. PURPOSE AND ANALYSIS.
2.1 Vested Right in Existing Land Use Regulations.
The City has determined that the proposed Project is consistent with the
goals and objectives of the City's land use and housing policies by providing a mix of three-
bedroom and five-bedroom quality residential housing opportunities to meet the needs of families,
singles and retired households in the community in accordance with the Existing Land Use
Regulations and eliminating uncertainty in the planning, entitlement and Development processes.
The Project is a part of the northeast quarter of the Canyon Hills Estates Specific Plan and includes
single family residential-1 (SF-1) and single family residential-2 (SF-2) homes, as well as the 5.4
acre public park. The Project is consistent with the Canyon Hills Estates Specific Plan, including
the boundaries as well as the development standards, lots sizes and right of way requirements.
In exchange for the Project benefits and the Developer's obligations under
this Agreement, the Developer wishes to receive the assurances permitted by the Development
Agreement Act and the Development Agreement Ordinance such that the Developer will be
deemed to have a vested interest in the applicability of the Applicable Rules to the Development
and implementation of the Project and each portion thereof. As such, the Developer, if it chooses,
may proceed to develop the Developer Property in accordance with the Applicable Rules, with
certainty that Developer will have the ability to expeditiously and economically complete the
Project.
2.2 Development of the Developer Property.
The Parties agree and acknowledge that this Agreement itself does not
authorize Developer to undertake any Development of the Developer Property and that before any
Development activity can occur, the Developer shall have satisfied the applicable Conditions of
Approval of the Existing Development Approvals for the Developer Property and obtained any
necessary Subsequent Approvals for the Developer Property pursuant to the Applicable Rules.
Tentative Tract Map No. 34249 and the Conditions of Approval identify the reservations or
Dedications of land for public purposes. Developer anticipates submittal to City of a Revised
Tentative Tract Map 34249 and Phasing Plan. The City shall have the right to modify and impose
conditions of approval applicable to the Developer Property and to control Development of the
Project in accordance with the terms and conditions of the Applicable Rules.
2.3 Public Park.
Developer shall comply with all applicable Conditions of Approval,
including without limitation, Conditions 120 through 131 relating to the Dedication, design and
improvement of the 5.4 acre public park; provided however, that notwithstanding the timing of
completion of construction of the park as set forth in Condition 131, Developer shall complete
construction of the park site prior to the 100th building permit.
2.4 Uses.
The Developer Property may be used in accordance with the Existing
Development Approvals, all Subsequent Approvals and the Existing Land Use Regulations.
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2.5 Intensity.
Permitted density and intensity of use vested hereby shall be the maximum
permitted by the Existing Development Approvals, all Subsequent Approvals and the Existing
Land Use Regulations.
2.6 Size.
The maximum height and size of buildings vested hereby shall be as set
forth in the Existing Development Approvals, all Subsequent Approvals and the Existing Land
Use Regulations.
2.7 Tentative Subdivision Map Extensions.
In accordance with Government Code §66452.6(a)(1), Tentative Tract Map
No. 34249 shall be granted an extension of time for the greater of the term of this Agreement (in
which case no such extension application to extend the expiration date of the tentative map need
be filed)or such time approved in accordance with State law or the Existing Land Use Regulations.
The Parties agree that to the extent the Project includes an approved phasing plan, phased final
maps may be processed and recorded consistent with the Subdivision Map Act.
2.8 Timing of Development.
There is always uncertainty in forecasting future market conditions.
Consequently, phasing of development of the Project is difficult to predict or regulate. In order to
avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the City
and Developer agree that Developer shall have the right,without obligation, to develop the Project
in such order and at such rate and times as Developer deems appropriate within the exercise of its
subjective business judgment, subject only to the Existing Development Approvals. Furthermore,
the City shall not (whether by City Council action, initiative or otherwise) limit the rate or timing
of Development of the Developer Property except as expressly authorized by the Existing
Development Approvals. Nothing in this section shall be construed to limit the City's right to
require that Developer timely provide all improvements and exactions established in the Existing
Development Approvals for the Developer Property consistent with the Existing Land Use
Regulations and in accordance with the Existing Development Approvals for the Developer
Property.
3. RULES REGULATIONS AND OFFICIAL POLICIES.
3.1 Effect of Agreement on Land Use Regulations.
In connection with any Subsequent Approval with respect to the Developer
Property, the City will exercise its discretion or take action in a manner which is as expeditious
and which complies and is consistent with the Existing Land Use Regulations and this Section 3
et seq. In addition, the City shall use its reasonable, good faith efforts to make its staff available
so as to expeditiously complete processing of all Subsequent Approvals for the Development or to
allow Developer to pay for expedited processing by contract staff retained by the City.
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3.2 New Rules.
Although the Existing Land Use Regulations will govern uses and
Development of the Developer Property, this Agreement will not prevent and shall not be
construed to limit the authority of City to apply new rules, regulations and policies set forth in this
Section 3.2 et seq. on the Developer in connection with the Development of the Developer
Property.
3.2.1 Processing Fees and Charges.
Processing Fees and Charges as defined in Section 1.25 shall be paid
by Developer at the prevalent rate at the time of payment.
3.2.2 Procedural Regulations.
Procedural regulations relating to hearing bodies, petitions,
applications,notices, findings,records, hearings,reports,recommendations, appeals and any other
matter of procedure.
3.2.3 Regulations Governing Construction Standards.
Regulations governing engineering and construction standards and
specifications including without limitation, the Building Codes as defined in Section 1.3.
3.2.4 Non-Conflicting Regulations.
Written regulations approved by the City that are not in material
conflict with the Applicable Rules and do not materially and adversely impact the Development
of the Developer Property.
3.2.5 Certain Conflicting Regulations.
Written regulations approved by the City that are in material conflict
with the Applicable Rules if Developer has given its written consent to the application of such
regulations to Development of the Developer Property.
3.2.6 Regulations Needed to Protect the Health and Safety.
Any City ordinance, resolution, regulation, or official policy which
is reasonably necessary to protect persons from conditions dangerous to their health and/or safety;
provided that any such regulations must constitute a valid exercise of the City's police power,
applied and enforced in a uniform, consistent and nondiscriminatory manner.
3.2.7 Regulation by Other Public Agencies.
The Parties acknowledge that other public agencies, not within the
control of the City,possess authority to regulate aspects of the Development of the Project and the
Developer Property separately from the City. This Agreement does not limit the authority of such
other public agencies.
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3.2.8 General and Special Taxes.
General and special taxes of general applicability citywide,
including but not limited to, property taxes, sales taxes, and business taxes which do not burden
the Developer Property disproportionately when compared to other properties within the City.
3.2.9 End Users.
Laws of the City that impose, levy, alter, or amend fees, charges, or
regulations relating solely to the activities of consumers or end users of the Developer Property
after completion of the Project, such as, without limitation, trash can placement, service charges,
and limitations on vehicle parking, so long as those later enactments are applied citywide.
3.3 Subsequent Actions and Approvals.
The City shall accept and process with reasonable promptness all completed
applications for any Subsequent Approval in accordance with the Existing Land Use Regulations;
provided, however, this Agreement will not prevent the City, in subsequent actions applicable to
the Developer Property, from applying new rules, regulations and policies which do not conflict
with the Existing Land Use Regulations, nor will this Agreement prevent the City from denying
or conditionally approving any Subsequent Approval on the basis of such Existing Land Use
Regulations or such new rules,regulations or policies. Subsequent Approvals shall,upon approval
and as may be amended from time to time,become part of the Applicable Rules and the Developer
shall have a"vested right,"as that term is defined under California law, in and to such Subsequent
Approvals by virtue of this Agreement. Conditions of approval and any mitigation measures
imposed by the City on Subsequent Approvals shall be appended to Attachment "E."
3.4 State and Federal Laws.
If State or Federal laws or regulations enacted after the Effective Date
hereof,prevent or preclude compliance with one or more of the provisions of this Agreement, such
provisions of this Agreement will be modified or suspended as may be necessary to comply with
such State or Federal laws or regulations; provided, however that this Agreement will remain in
full force and effect to the extent it is not inconsistent with such State or Federal laws or regulations
and to the extent such laws or regulations do not render such remaining provisions impractical to
enforce.
4. FEES TAXES AND FINANCIAL RESPONSIBILITIES.
4.1 Development Impact Fees.
During the Term of this Agreement, City shall impose and Developer shall
be required to pay only those Development Impact Fees existing as of the Approval Date as set
forth in Attachment "C" in connection with the use or Development of the Developer Property,
provided that the amount of such Development Impact Fees shall be at the prevalent rate in effect
at the time of issuance of each building permit or other time of payment required by applicable
City ordinance or resolution. No new categories of Development Impact Fees may be imposed on
the Project during the Term of this Agreement.
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4.2 Development Agreement Fees.
Upon the City's issuance of each building permit for each residential
dwelling unit to be constructed within the Project by Developer, Developer shall pay to City a
Development Agreement Fee in the amount of Five Thousand Five Hundred Dollars ($5,500)
(each, a"DAG Fee" and collectively, "DAG Fees"). DAG Fees shall be deposited by City into a
capital facilities fund to be used toward the construction of capital facilities as determined by City
in its sole and absolute discretion. If a CFD special tax is requested by the Developer and approved
by the City Council acting in its reasonable discretion and in accordance with applicable laws,
DAG fees may be paid out of the CFD or reimbursed from the CFD. Developer's obligation to
pay DAG Fees shall survive termination of this Agreement.
4.3 General and Special Taxes.
Developer shall pay general or special taxes, including but not limited to,
property taxes, sales taxes,transient occupancy taxes,business taxes,which may be applied to the
Developer Property or to businesses occupying the Developer Property; provided, however, that
the tax is of general applicability Citywide and does not burden the Developer Property
disproportionately when compared to the development of other residential uses within the City.
Nothing in this Agreement prohibits the adoption and application of a CFD special tax requested
by the Developer and approved by the City Council in accordance with applicable laws.
4.4 Reservations, Dedications and Improvements Plan.
Developer shall timely complete at Developer's cost and expense all
reservations, Dedications and the provision of improvements and facilities for public purposes in
accordance with the requirements of the applicable Conditions of Approval for Tentative Tract
Map No. 34249 for Development of the Project on the Developer Property or revised conditions
of approval applicable to the Subsequent Approvals for Development of the Project on the
Developer Property.
5. DURATION OF AGREEMENT.
5.1 Term.
The Term of this Agreement shall commence as of the Effective Date and
shall automatically expire on the fifth(5th) anniversary thereof.
5.2 Annual Review.
City shall review this Agreement annually("Annual Review")on or before
the anniversary of the Effective Date. During each Annual Review, Developer is required to
demonstrate good faith compliance with the terms of this Agreement, and shall furnish such
reasonable evidence of good faith compliance as the City, in the exercise of its reasonable
discretion, may require. Such Annual Review shall be conducted administratively by the City
Manager and any appropriate department heads designated by the City Manager to perform such
Annual Review. The City Manager shall report the results of such Annual Review to the City
Council within thirty (30) days after the conclusion thereof. No public hearing shall be held by
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the City Manager or City Council with regard to such Annual Review;provided, however,that the
City Council and/or the Developer shall have the right to appeal the City Manager's findings to
the City Council, in which case Developer shall have the right to request a public hearing on the
matter. City shall notify Developer in writing of the date for review at least thirty(30) days prior
thereto. The City's failure to review the Developer's compliance with this Agreement, at least
annually, will not constitute or be asserted by either Party as a breach by the other Party. The
requirement for an Annual Review shall not be deemed to modify or restrict Developer's rights
under Section 2.7 to develop the Project in such order and at such rate and tunes as Developer
deems appropriate in view of market conditions and within the exercise of its subjective business
judgment, subject only to the Existing Development Approvals.
5.3 Operating Memoranda.
The provisions of this Agreement require a close degree of cooperation
between the City and the Developer. The Development of the Developer Property may
demonstrate that clarifications to this Agreement and the Existing Land Use Regulations are
appropriate with respect to the details of performance of the City and the Developer. To the extent
allowable by law, the Developer shall retain a certain degree of flexibility as provided herein with
respect to all matters, items and provisions covered in general under this Agreement, except for
those which relate to the (i)term; (ii)permitted uses; or(iii) density or intensity of use. When and
if the Developer finds it necessary or appropriate to make changes, adjustments or clarifications to
matters, items or provisions not enumerated in (i) through (iii) above, the Parties shall effectuate
such changes, adjustments or clarifications through operating memoranda (the "Operating
Memoranda") approved by the Parties in writing which reference this Section 5.3. Operating
Memoranda are not intended to constitute an amendment to this Agreement but mere ministerial
clarifications; therefore public notices and hearings shall not be required. The City Manager shall
be authorized, upon consultation with, and approval of, the Developer, to determine whether a
requested clarification may be effectuated pursuant to this Section 5.3 or whether the requested
clarification is of such character to constitute an amendment to this Agreement which requires
compliance with the provisions of Section 5.4 below.
5.4 Amendment.
Subject to the notice and hearing requirements of the Government Code,
this Agreement may be modified or amended from time to time only with the written consent of
the Developer and the City or their successors and assigns in accordance with the provisions of the
Development Agreement Ordinance and the Development Agreement Act.
6. COVENANT OF FURTHER ASSURANCES AND FAIR DEALING.
6.1 Further Assurances.
Each Party covenants on behalf of itself and its successors and assigns to
take all reasonable actions and do all reasonable things, and to execute with acknowledgments or
affidavits if required, any and all documents and writings that may be reasonably necessary or
proper to achieve the purposes and objectives of this Agreement. Each Party will take all
reasonably necessary measures to see that the provisions of this Agreement are carried out in full.
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6.2 Covenant of Good Faith and Fair Dealing.
Except as may be required by law,neither Party will do anything which will
have the effect of harming or injuring the right of the other Party to receive the benefits of this
Agreement and each Party will refrain from doing anything which would render performance
under this Agreement impossible or impractical. In addition, each Party will do everything which
this Agreement describes that such Party will do.
7. PERMITTED DELAYS.
Any period of delay caused by acts of God; civil commotion; war; insurrection;
riots; strikes;walls outs;picketing or other labor disputes;unavoidable shortages of labor,materials
or supplies; damages to work in progress by reason of fire, flood, earthquake or other casualty;
pandemics; epidemics; quarantine restrictions; litigation challenging the validity of this
Agreement, the Project or any element thereof or which prohibits, delays or interferes with
performance of the Agreement; moratoria;judicial decisions; governmental agency or entity(with
the understanding that acts or failures to act of the City shall not excuse performance by the City)
or utility; or any other cause which is not within the reasonable control of the Parties may extend
the duration of the Agreement. Each Party will promptly notify the other Party of any delay
hereunder as soon as possible after the same has been ascertained, and the term of this Agreement
will be extended by the period of any such delay. Any claim for delay must be presented within
ninety(90) days of knowledge of the cause of such delay or any entitlement to time extension will
be deemed waived. Notwithstanding the foregoing, in no event shall Developer be entitled to a
permitted delay due to an inability to obtain financing or proceed with development as a result of
general market conditions, interest rates, or other similar circumstances that snake development
impossible, commercially impracticable, or infeasible.
8. ESTOPPEL CERTIFICATES.
Either Party may at any time, and from time to time, deliver written notice to the
other Party, requesting that the other Party certify in writing to the knowledge of the certifying
Party that: (a)this Agreement is in full force and effect and is a binding obligation of the certifying
Party; (b)this Agreement has not been amended or modified, except as expressly identified; (c)no
default in the performance of the requesting Party's obligations pursuant to Agreement exists,
except as expressly identified. A Party receiving a request hereunder will execute and return the
requested certificate within 30 days after receipt of the request.
9. RECORDATION BY CITY CLERK.
Pursuant to Government Code § 65868.5, the City Cleric will record a copy of the
Agreement in the Records of the County Recorder.
10, DEFAULT.
10.1 Events of Default.
Subject to any written extension of time by mutual consent of the Parties or
permitted delays pursuant to the provisions of Section 7, the uncured failure of either Party to
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perform any material term or provision of this Agreement will constitute a default. On written
notice to a Party of its failure of performance, such Party will have 30 days to cure such failure of
performance; provided, however that if the nature of the failure of performance is such that it
cannot be cured within such period, then the diligent prosecution to completion of the cure will be
deemed to be cure within such period. Any notice of default given hereunder will be in writing
and specify in detail the nature of the alleged default and the manner in which such default may
be satisfactorily cured in accordance with this Agreement. During the time period herein specified
for the cure of a failure of performance, the Party charged with such failure of performance will
not be considered to be in default for purposes of termination of this Agreement or for purposes of
institution of legal proceedings with respect thereto and,if the Developer is the Party that has failed
to perform, then the City will not be excused from its performance under this Agreement during
that period.
10.2 Remedies.
Upon the occurrence of a default under this Agreement and the expiration
of any applicable cure period,the non-defaulting Party will have such rights and remedies against
the defaulting Party as it may have at law or in equity including, without limitation, the right to
terminate this Agreement.
10.3 No Waiver.
The failure by a Party to insist on the strict performance of any of the
provisions of this Agreement by the other Party will not constitute a waiver of such Party's right
to demand strict performance by such other Party in the future. All waivers must be in writing to
be effective or binding on the waiving Party and no waiver will be implied from any omission by
a Party to take action. No express written waiver of any default will affect any other default or
cover any other period of time except that specified in such express waiver.
10.4 Effect of Termination.
Termination of this Agreement by one Party due to the default of the other
Party in accordance with the provisions of Section 10 et seq. will not affect any right or duty
emanating from any then-existing Development Approval and the Conditions of Approval related
thereto with respect to the Developer Property, but the rights and obligations of the Parties will
otherwise cease as of the date of such termination. If the City terminates this Agreement because
of a default of the Developer, then the City will retain any and all benefits including, without
limitation, money or land received by the City hereunder before termination. Notwithstanding the
foregoing, the obligations of Developer to indemnify the City as set forth in Section 20 shall
survive any termination of this Agreement.
1.1. INCORPORATION BY REFERENCE.
11.1 Recitals.
The Parties agree that the foregoing Recitals are true and correct and that
the foregoing Recitals are a part of this Agreement and are hereby incorporated by reference herein
as though set forth in full.
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11.2 Attachments.
Each Attachment to this Agreement is incorporated herein by reference as
though fully set forth herein.
12. APPLICABLE LAW.
This Agreement will be construed and enforced in accordance with the laws of the
State of California.
13. NO JOINT VENTURE PARTNERSHIP OR THIRD PARTY BENEFICIARY.
The City and the Developer hereby renounce the existence of any form of joint
venture or partnership between theirs and expressly agree that nothing contained herein or in any
document executed in connection herewith will be construed as snaking the City and the Developer
joint venturers or partners. It is understood that the contractual relationship between the City and
the Developer is such that the Developer is an independent contractor and not an agent of the City.
Furthermore, this Agreement is not intended or construed to create any third party beneficiary
rights in any person who is not a party to this Agreement.
14. COVENANTS RUNNING WITH THE LAND.
All of the terms,provisions,covenants and obligations contained in this Agreement
will be binding upon the Parties and their respective successors and assigns, and all other persons
or entities acquiring all or any part of the Developer Property, and will inure to the benefit of such
Parties and their respective successors and assigns. All the provisions of this Agreement will be
enforceable as equitable servitudes and constitute covenants running with the land pursuant to
applicable law including, without limitation, California Civil Code § 1468. Each covenant to or
refrain from doing some act on the Developer Property is expressly for the benefit of the Developer
Property and is a burden upon the Developer Property, runs with the Developer Property and is
binding upon each Party and each successive owner during its ownership of the Developer
Property or any part thereof, and will benefit each Party and its property hereunder, and each Party
succeeding to an interest in the Developer Property.
15. TERMS AND CONSTRUCTION.
15.1 Severability.
If any term, provision, covenant or condition of this Agreement is
determined to be invalid, void or unenforceable by judgment or court order, than the remainder of
this Agreement will remain in full force and effect, unless enforcement of this Agreement, as so
invalidated, would be unreasonable or grossly inequitable under all the circumstances or would
frustrate the stated purposes of this Agreement.
15.2 Entire Agreement.
This Agreement contains all the representations and constitutes the entire
agreement between the City and the Developer. Any prior correspondence, memoranda,
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agreements, warranties or representations, oral or written, are superseded in total by this
Agreement.
15.3 Signature Pages; Counterparts.
For convenience, the signatures of the Parties may be placed and
acknowledged on separate pages and, when attached to this Agreement, will constitute this
document as one complete Agreement.
15.4 Time.
Time is of the essence of this Agreement and of each and every term and
condition hereof.
15.5 Notices.
Any notice shall be in writing and given to the respective mailing addresses,
as follows:
If to City: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Manager
Email:jsimpson@Lake-Elsinore.org
With a copy to: Leibold McClendon &Mann, PC
9841 Irvine Center Drive, Suite 230
Irvine, CA 92618
Attn: Barbara Leibold, Esq.
Email: barbara@ceqa.com
If to Developer: Tri Pointe Homes IE-SD, Inc.
1250 Corona Pointe Court, Suite 600
Corona, CA 92879
Attn: Chris Willis
Email: Chris.Willis@tripointehomes.com
With a copy to: Jackson Tidus
2030 Main Street, 12th Floor
Irvine, CA 92614
Attn: Michael Tidus, Esq., Sarah Kleinberg, Esq.
Email: mtidus@j acksontidus.law;
skleinberg@j acksontidus.law
Either City or Developer may change its mailing address at any time by giving written notice of
such change to the other in the manner provided herein at least ten(10) days prior to the date such
change is effective. All notices required or provided for under this Agreement shall be in writing
15
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and delivered in person or sent by registered mail, postage prepaid to the person and address
provided above. Delivery shall be presumed delivered upon actual receipt by personal delivery,
electronic delivery (e-mail), or within three (3) days following deposit thereof in United States
Mail,provided that if notice is by e-mail,then a copy of the notice shall also be contemporaneously
sent by regular snail,postage prepaid to the person and address provided above.
16. ASSIGNMENT AND NOTICE.
The rights and obligations of Developer hereunder shall not be assigned or
transferred, except that on thirty (30) days written notice to City, Developer, may assign all or a
portion of Developer's rights and obligations thereunder to any person or persons, partnership,
company or corporation who purchases all or a portion of Developer's right, title and interest in
the Developer Property, provided such assignee or grantee assumes in writing each and every
obligation of Developer hereunder yet to be performed, and further provided that Developer
obtains the consent of City to the assignment, which consent shall not be unreasonably withheld,
conditioned or delayed. Provided the Developer's thirty (30) day notice includes the assumption
by the assignee or grantee, the consent of the City shall be deemed to occur upon the thirtieth
(30th) day of the notice period unless within that period the City provides written notice
withholding consent and explaining the reasons it is withholding consent. The notice to City shall
include the identity of any such assignee and a copy of the written assumption of the assignor's
obligations hereunder pertaining to the portion assigned or transferred. After such notice and the
receipt of such consent or deemed consent, the assignor shall have no further obligations or
liabilities hereunder.
17. ENCUMBRANCES AND RELEASES ON REAL PROPERTY.
17.1 Discretion to Encumber.
The Parties agree that this Agreement will not prevent or limit the
Developer in any manner, at the Developer's sole discretion, from encumbering the Developer
Property, or any part of the same including, without limitation, improvement thereon, by any
mortgage, deed of trust or other security device securing financing with respect to the Developer
Property or the Project. The City further agrees that it will not unreasonably withhold its consent
to any modification requested by a lender so long as the modification does not materially alter this
Agreement to the detriment of the City. Neither entering into this Agreement nor committing a
default under this Agreement shall defeat,render invalid, diminish,affect the priority or impair the
lien of mortgage, deed of trust or other security device securing financing with respect to the
Project or on any portion of the Developer Property made in good faith and for value.
17.2 Entitlement to Written Notice of Default.
Any lender of the Developer which has filed a written request with the City
for notice of default by Developer will be entitled to receive written notification from the City of
any uncured default by the Developer in the performance of the obligations of the Developer under
this Agreement.
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17.3 Property Subject to Pro Rata Claims.
Any mortgagee or beneficiary which comes into possession of the
Developer Property or any part thereof, pursuant to foreclosure of the mortgage or deed of trust,
or deed in lieu of such foreclosure, will take the Developer Property or part thereof, subject to (i)
any pro rata claims for payments or charges against the Developer Property or part thereof secured
by such mortgage or deed of trust, which accrued prior to the time that such mortgagee or
beneficiary comes into possession of the Developer Property or part thereof, and(ii)the terms and
conditions of this Agreement.
18. CONSTRUCTION NUMBER AND GENDER.
This Agreement will be construed as a whole according to its common meaning
and not strictly for or against either Party in order to achieve the objectives and purposes of the
Parties hereunder. Whenever required by the context of this Agreement, the singular will include
the plural and vice versa, and the masculine gender will include the feminine and neuter genders.
In addition, "will"is the mandatory and"may" is the permissive.
19. INSTITUTION OF LEGAL ACTION.
In addition to any other rights or remedies, either Party may institute legal action to
cure, correct or remedy any uncured default, to enforce any covenants or agreements herein, to
enjoin any threatened or attempted violation thereof or obtain any remedies consistent with the
purpose of this Agreement. In the event of any such legal action involving or arising out of this
Agreement, the prevailing Party will be entitled to recover from the losing Party, reasonable
litigation expenses, attorneys' fees and costs incurred. The Parties acknowledge that if a breach of
this Agreement by the City occurs, irreparable harm is likely to occur to the Developer and
damages may be an inadequate remedy.Therefore,to the extent permitted by law,the Parties agree
that specific enforcement of this Agreement by the Parties is an appropriate and available remedy,
in addition to any and all other remedies which may be available to the Parties under law or at
equity.
20. INDEMNIFICATION.
The Developer shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its officers, agents, employees, consultants, officials, commissions,
councils, committees, boards and representatives (collectively referred to individually and
collectively as "Indemnities") harmless from liability for damage to any third party or claims for
damage for personal injury to any third party, including death and claims for property damage to
any third party which may arise out of the direct or indirect activities of the Developer with respect
to the Development of the Developer Property except to the extent arising from the gross
negligence or willful misconduct of one or more Indemnities. Developer agrees to and will defend
the Indemnities from any third-party claim, action, or proceeding to attack, set aside,void,or annul
an approval by Indemnitees concerning approval of this Agreement or the Existing Development
Approvals in connection with the Development of the Developer Property or to determine the
reasonableness, legality or validity of any condition attached thereto. The Developer's
indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnities and costs of suit,claim or litigation,including without limitation
17
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reasonable attorneys' fees, penalties and other costs, liabilities and expenses incurred by
Indemnities in connection with such proceeding. City shall promptly notify Developer of any such
claim, action or proceeding, and City shall cooperate in the defense. Developer's obligation to
indemnify City hereunder shall survive any termination of this Agreement.
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first
hereinabove written.
"CITY"`
CITY OF LAKE ELSINORE,
a munici 61
corpor tion
By•
AT ST:
Candice Alv ez, MC, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
"DEVELOPER"
TRI POINTE HOMES IE-SD, Inc., a
California corporation
�
Name: �, P ..
Title:
18
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DOC #2022-0375250 Page 23 of 51
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfiilness,accuracy,or validity of that document.
STATE OF CALIFORNIA
COUNTY OF r vPrsre . nn
On �u�r/ , ,before me,L�re7 G. aQinarl c� a ��Qu I NC?�tar i f'ubkc
(here insert nan4e and title of the officer)
personally appeared 1 1_� �A)a I S
who proved to me on the basis of satisfactory evidence to be the person(s-)whose name(&)is/afe subscribed
to the within instrument and acknowledged to me that he/sh@/4+tey executed the same in his/hzrA/ it
authorized capacity(i.&s),and that by his/hQrAheir signatureO on the instrument the personal, or the entity
upon behalf of which the personO acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Nt.rFTy LORETTA SAGINARIO-BALLOU
�p4.Vq Ent �S.A
- � NOTARY PUBLIC-CALIFORNIA �
COMMISSION#2345890
A) r �• ��' RIVERSIDE COUNTY
Jgnature (Seal) `^,FoaN' My Comm.Exp.February 9.2W5
A notary public or other officer completing tlus certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On ,before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
19
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DOC #2022-0375250 Page 24 of 51
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE DEVELOPER PROPERTY
REAL PROPERTY IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCELS 1 AND 2 OF PARCEL MAP 14611,IN THE CITY OF LAKE ELSINORE,COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 87,
PAGE 73, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 365-230-005 AND 365-230-006
PARCELS 1, 2 AND 3 AS SHOWN BY PARCEL MAP NO. 17550, ON FILE IN BOOK 99
PAGE 10 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 365-230-012 (PARCEL 1), 365-230-009 (PARCEL 2) AND 365-230-011 (Parcel 3)
ATTACHMENT "A" DA-TriPointe.TTM34249.Fina1
DOC #2022-0375250 Page 25 of 51
ATTACHMENT "B"
VICINITY MAP
ATTACHMENT "B" DA-TriPointe.TTM34249.Fina1
DOC #2022-0375250 Page 26 of 51
Development Agreement No. 2022-01
APNs: 365-230-005, 006, 009, 011 and 012
VICINITY MAP
� CJ,
PROJECT SITE
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n
°N-HILLSIDE>DR .
CANOP_YLN' . .. ._. _
. e
COT � G EN DR CORREE RD._......
M AN ZANI -ST
W
z
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� OLIVE s�
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LADE- t('0"-39-
LSIROKE
--,% DREAM EXTREME
DOC #2022-0375250 Page 27 of 51
ATTACHMENT "C"
DEVELOPMENT FEES
DEVELOPMENT IMPACT FEES AMOUNT AS OF THE
APPROVAL DATEI
Traffic Impact Fees $1,369.00
Library $150.00
City Hall &Public Works Facilities $809.00
Community Center $545.00
Lakeside Facilities $779.00
Animal Shelter $348.00
Fire Facility $751.00
Park Capital Improvement Fund Fees To be satisfied by construction of park
improvements (Section 2.3 of the
Development Agreement) and consistent
with Condition of Approval No. 130
Storm Drain Fee based on location as shown on the City
of Lake Elsinore's Drainage Facilities Plan
Map
MSHCP $1,515 (8-14 du/acre)
$3,635 (less than 8 du/acre)
TUMF $10,104 per unit (single family residential)
$6,580 per unit (multifamily residential;
greater than 8 du/acre)
SKR Fee $500/acre
DEVELOPMENT AGREEMENT FEES AMOUNT AS OF THE
APPROVAL DATE'
DAG Fee $5,500.00
t Dollar amounts provided for information only.The amount of Development Impact Fees shall be at the prevalent
rate in effect at the time of issuance of each building permit or other time of payment required by applicable City
ordinance or resolution.
'.Amount fixed throughout the Term
ATTACHMENT "C" DA-TriPointe.TTM34249.Fina1
DOC #2022-0375250 Page 28 of 51
ATTACHMENT "D"
PROPERTY OWNER CONSENT
JOHN W. FLANIGAN, AS SUCCESSOR TRUSTEE OF THE FLANIGAN LIVING TRUST
DATED AUGUST 24, 2004 — TRUST A, as to an undivided 56% interest, and JOHN W.
FLANIGAN, AS SUCCESSOR TRUSTEE OF THE FLANIGAN LIVING TRUST DATED
AUGUST 24, 2004 — TRUST B, as to an undivided 44% interest (collectively, "Flanigan
Owner"), being the owners of the real property described in Attachment A to the Development
Agreement by and between the City of Lake Elsinore and TRI POINTE HOMES IE-SD, Inc., a
California corporation, dated as of May 25, 2022 (the "Agreement"), do hereby consent to and
expressly authorize the recordation of said Agreement in the Official Records of the County of
Riverside.
THE FLANIGAN LIVING TRUST DATED AUGUST 24, 2004—TRUST A
B y:
r Jo W. Flanigan, Successor Trustee
THE FLANIGAN LIVING TRUST DATED AUGUST 24, 2004—TRUST B
By:
%o W. Flanigan, Successor Trustee
ATTACHMENT"D-I" DA-TriPointc.TTM34249.Fina1
DOC #2022-0375250 Page 29 of 51
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On J(,(. V a 0 90 a->before me,<�� 14- /• ��/l>y N07a /9`/ C
(here insert name and title pf the officer)
personally appeared Jo-h A) ZV, 16,.,V
who proved to me on the basis of satisfactory evidence to be the person(,e)whose name(y)is/ate subscribed
to the within instrument and acknowledged to me that he/she4l+&y executed the same in his/her4i44r
authorized capacity(, and that by his/her4k,4r signature(g)on the instrument the person(g),or the entity
upon behalf of which the person(K) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
DEBORAH T.GAGNON
Notary Public-California
z
a <.� Riverside County
Commission k 2274191
Signature (Seal) ""°�M', My Comm.Expires Jan 30-,2023
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
20
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PROPERTY OWNER CONSENT
THE FLYING BEE RANCH 111, a California limited partnership, as to Parcel 1 ("Flying Bee");
and CARY SCHROEDER AND BRENDA L. SCHROEDER, TRUSTEES OF THE CARY
SCHROEDER AND BRENDA L. SCHROEDER REVOCABLE TRUST DATED JUNE 30,
2006, as to an undivided 20% interest; DIANA L. FOSTER, a married woman as her sole and
separate property, as to an undivided 20% interest; LINDA M. BEAN, a married woman as her
sole and separate property, as to an undivided 20% interest; DAVID BEHRENS, a married man
as his sole and separate interest, as to an undivided 20% interest; and RICHARD E. BEHRENS, a
single man as to an undivided 20%interest; all as tenants in common as to Parcel 2 (collectively,
the "Parcel 2 Owners"), being the owners of the real property described in Attachment A to the
Development Agreement by and between the City of Lake Elsinore and TRI POINTE HOMES
IE-SD, Inc., a California corporation, dated as of May 25, 2022 (the "Agreement"), do hereby
consent to and expressly authorize the recordation of said Agreement in the Official Records of
the County of Riverside.
THE FLYING BEE RANCH III, L.P.
a California general partnership
Name: Brenda L. Schroeder
Title: General Partner
THE CARY SCHROEDER AND BRENDA L. SCHROEDER REVOCABLE TRUST DATED
JUKE 30, 2006
By:
Cary Schroeder, Trustee
Brenda L. Schroeder, Trustee
DIANA L. FOSTER by Brenda L. Sc oeder, Power of Attorney
LINDA M. BEAN by Brenda L.khroeder, Power of Attorney
DAVID BEHRENS by Brenda I Schroeder, Power of Attorney 1
RICHARD E. BEHRENS by Brenda L. hroeder, Power of Attorney 1
ATTACHMENT"D-2" DA-Tr;l'ointe.TTM342491;na1
DOC #2022-0375250 Page 31 of 51
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
STATE OF CA IFORNIA
COUNTY OF- IVV'<. J
On J L GCj before me r...>l � l•% //� U � ) c
(here insert name and title of the officer)
personally appeared `
who proved to me on the basis Aof tisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PETERSON
No MM.#2341180
Signature (Seal) No
Public-Oaufomia
RIVERSIDE COUNTY
My Comm.Expires JAN.12.2025
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
STATE OF CAL3FORNIA pp
COUNTY OF� ) �i cj I l_.P
On � �� �� � r� ,before me,� Tc... �"Z �� ,.s _,Jl � 1 �„ I�w
(here insert name and title of the officer)
9
personally appeared � � � c4 a L- - ��d ) }''��� V
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
•
Signature (Seal) T.PETERSON
COMM.#2341180
Notary Public-Callfomia
RIVERSIDE COUNTY
My Comm.Expires JAN.12,2025
19
DA-Td Pointe.TTM34249.Final
DOC #2022-0375250 Page 32 of 51
ATTACHMENT "E"
CONDITIONS OF APPROVAL
ATTACHMENT `E" DA-Triroince.TTM34249.Final
DOC #2022-0375250 Page 33 of 51
CONDITIONS OF APPROVAL
RESOLUTION: 2017-XX
PROJECT: TTM 34249
PROJECT NAME: Canyon Hills Estates
PROJECT LOCATION: APNs: 365-230-001, 005, 006, 007, 009, 010, 011,
012, 013, and 365-220-026
APPROVAL DATE: January 23, 2007
EXPIRATION DATE: January 23, 2021
GENERAL
1, Tentative Tract Map (TTM) No. 34249 is a subdivision of 246.41 acres into 302 single
family residential lots, 12 open space lots, one (1) public park, and two,-(Z,tank sites
(Proiect). The Proiect is located southerly of the Canyon Hills Specific Plan, northerly and
easterly of Crooked Arrow Drive, (APNs: 365-230-001, 005, 006. 007, 009, 010, 011, 012,
013, and 365-220-026).
2. The applicant shall defend (with counselacceptable to the City), indemnify. and hold
harmless the CiLy, its Officials, Officers, Emplooes, Agents, and its Consultants
(Indemnitees)from any claim, action,or proceeding against the Indemnitees to attack, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning approval, implementation and construction of Environmental
Impact Report. General Plan Amendment No. 2006-04, Specific Plan No. 2006-01, and
Tentative Tract Map No. 34249, which action is bought within the time period provided for
in California Government Code Sections 65009 and/or 66499.37, and Public Resources
Code Section 21167, including the approval, extension or modification of Environmental
Impact Report, General Plan Amendment No. 2006-04, Specific Plan No. 2006-01, and
Tentative Tract Map No. 34249 or any of the j2robeedings, acts or determinations taken
done, or made prior to the decision, or to determine the reasonableness, legality or validity
of anv condition attached thereto, The Applicant's, indemnification is intended to include,
but not be limited, to, darnages,fees and/or costs awarded against or incurred by
Indemnitees and casts of.suit -claim or litigation, including without limitation attorneys'
fees, penalties and other costs. liabilities and expenses incurred by Indemnitees in
connection with such proceeding. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City. If the project is challenged in court. the City,
and the applicant shall enter into formal defense and indemnity agreement, consistent
with this condition.
The-aWlioant shall d ad-(wfth--Gew.sel aGGeptable to the Gi,,,, -ne4 kM
)es,AgeRt--. and il- G--sultaRtG*4m--"
haFmi- -the Q1,4
-ff4- Agents,
W--ftaGh, set aside, void. ar ann--1 an --ppre-val. --f. I' er ;--6,
. ly
FinviFGAmer"11-Impaot RepeFt, GeneFal Plan AmeRdmeR-111--.--2Q0G 04, Speeift Plan Ne.
006 04, and Tentative TFaGt hA-- [%I- '2A249 (GGlleGtive,"e "PFejeGV)�7
3. Within 30 days of Proiect approval, the applicant shall sign and complete an
"Acknowledgment of Conditions"and shall return the executed original to the Community
Applicant's Initials: e1w Page 1 of 19
DOC #2022-0375250 Page 34 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
Development Department for inclusion in the case records.
PLANNING DIVISION
4. All conditions of approval shall be reproduced on page one of building plans prior to their
acceptance by Building Division. All conditions of approval shall be met prior to the
issuance of a Certificate of Occupancy and release of utilities.
5. The applicant shall comply with the City's Noise Ordinance as set forth in Lake Elsinore
Municipal Code Chapter 17.78.
6. The applicant shall prepare a final landscape plan subject to the review and approval of
the Director of Community Development or designee. The plan shall incorporate details
identifying screening, irrigation and aesthetic mitigation of the on-site water tanks. Said
landscape improvements shall be bonded with a 100 percent Faithful Performance Bond
for materials and labor for two years from Certificate of Occupancy.
. ,
GORdii RN
Val of
Gompletion of Anne— t3+v +�sil
appFGval of the
the
Goun null and void. We
. of the PFejerA shall be undertaken p
LA€C9
Specific Plan No.2006.01
8. The Draft Canyon Hills Estates Specific Plan shall be revised to incorporate any
corrections and changes required by the Planning Commission and/or City Council. A
Final Canyon Hills Estates Specific Plan document shall be submitted for review and
approval by the Community Development Director or designee within 30 days of approval
by the City Council. No permit shall be issued until the Canyon Hills Estates Specific Plan
document and any required revisions are administratively approved by the Community
Development Director or designee.
9. Future development shall comply with those standards and guidelines contained in the
Canyon Hills Estates Specific Plan document.
10. Those issues, standards, guidelines, etc. not addressed in the Canyon Hills Estates
Specific Plan shall revert to the Lake Elsinore Municipal Code in effect at the time any
future development is proposed.
LandsGaping and Street Lighting DistFiGt, as
12, The applicant shall provide all project-related onsite and offsite improvements as
described in the Canyon Hills Estates Specific Plan document.
Applicant's Initials: COP Page 2 of 19
DOC #2022-0375250 Page 35 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
Tentative Tract Map No. 34249
13. Tentative Tract Map No. 34249 will expire on January 23 2021 unless within that period
of time a Final Map has been filed with the County Recorder in accordance with the State
of California Subdivision Map Act and applicable reauirements of the Lake Elsinore
Municipal Code(LEMC).
Ttae Ten fete-4ate-w3 e"--he-Qity
A cnples m-o fA , _ . +de-e=AFGOi,--UYpY-te�as&-:ith o
9ht- a 4 l-{f i e+ Final ftar ^ac hcc �tle at� -ram thth -Fde'f-rd )Fle ttCl�e Ic r b,�, 4hp -y of
with the Subdivisign Map Aet.
14. Tentative met Tract Map No. 34249 shall comply with the Subdivision Map Act and
shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal
Code, unless modified by these conditions of approval.
15. Prior to issuance of a final certificate of occupancy for Tentative Pa?s 4 Tract Map No.
34249,the improvements specified herein and approved by the Planning Commission and
the City Council shall be installed, or agreements for said improvements, shall be
submitted to the City for approval by the City Engineer, and all other stated conditions
shall be satisfied. All uncompleted improvements must be bonded for as part of the
agreements.
16. Prior to approval of the Final Map, or prior to issuance of building permit if deemed
appropriate by the City Engineer, the applicant shall create and complete the formation of
a Homeowner's Association for the Project. The Homeowner's Association shall be
approved by the City. To the extent that the Homeowner's Association will be governed
by Articles of Incorporations, Covenants, Conditions and Restrictions ("CC&Rs"), or any
other such instrument, those documents shall be submitted to the City Planning &
Engineering Departments and City Attorney's Office for review and approval.
17. The CC&Rs drafted for the Project's Homeowner's Association shall expressly designate
the City as a third party beneficiary. Specifically, the CC&Rs shall state, "The City of Lake
Elsinore and its successors and assigns are expressly made third party beneficiaries to
this Declaration and the conditions, covenants and restrictions contained herein governing
the use, operation and maintenance of the Property. The City has the right, but not the
obligation, to enforce the provisions of this Declaration. Any amendment to this
Declaration shall require the written consent of the City."
18. The CC&Rs drafted for the Project's Homeowner's Association shall comport with the
terms and conditions set forth in these conditions of approval.
19. All construction shall comply with these conditions of approval, the provisions and
requirements contained in the Canyon Hills Estates Specific Plan, and the guidelines for
development set forth in the Lake Elsinore Municipal Code.
20. The applicant shall comply with all requirements of the City's Grading Ordinance.
Construction generated dust and erosion shall be mitigated in accordance with the
Applicant's Initials: 01-110 Page 3 of 19
DOC #2022-0375250 Page 36 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
provisions of Chapter 15.72 of the Lake Elsinore Municipal Code. Interim erosion control
measures shall be provided 30 days after the site's rough grading, as approved by the
City Engineering.
21. The applicant shall comply with all applicable City Codes and Ordinances.
22. A cash bond of $1,000.00 shall be required for any construction trailers used during
construction. Bonds will be released after removal of trailers, subject to the approval of
the Community Development Director or designee.
ignla Cpt1tF-try-Bat and Go of the pFGJpGt sh
Fevide
that all requirements of th-e stxlas
_r
24. The project shall comply with the requirements of the Elsinore Valley Municipal Water
District(EVMWD). The applicant shall submit water and sewer plans to the EVMWD and
shall incorporate all district conditions and standards.
building pla►+ca nt-aIhatl-pay .
area-#i-#he City.
26. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to
issuance of building permit.
27. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of
each building permit.
28. The applicant shall pay all applicable'City fees, including but not limited to Development
Impact Fees (DIF).Transportation Uniform Mitigation Fees 'TUMF Traffic Infrastructure
Fees- TIF Area Drainage Fees Capital Improvement Impact/Mitigation Fees and Plan
Check fees, at the rate in effect at the time of payment.
Environmental!
29. The following mitigation measures related to the protection of Cultural Resources shall be
implemented as described below:
• TS-01 shall be avoided and preserved where feasible including a 10-meter buffer
surrounding the boundaries of TS-01 to protect the delineated site area and any
associated subsurface components. Protective fencing during construction shall be
provided to protect TS-01 where feasible.
• Prior to the issuance of any grading permits, a Phase 11 cultural resources testing and
evaluation program shall be conducted for TS-01 and TS-02.The Phase 11 evaluation
plan shall contain a research design and field methodology designed to evaluate the
significance of the sites pursuant to applicable law and in accordance with general
archaeological reporting standards for such. If Phase II testing determines the
presence of a "unique archaeological resource" under Public Resources Code
Applicant's Initials:t9Q Page 4 of 19
DOC #2022-0375250 Page 37 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
Section 21083.2,the report shall include recommended measures to avoid or mitigate
impacts to the sites. Where avoidance of significant resources is not feasible, Phase
III investigations (data recovery) shall be completed.
. All testing and evaluation shall be supervised by an individual or individuals meeting
the Secretary of the Interior's Professional Qualifications Standards as a qualified
prehistoric archaeologist for Site TS-01 and as an historic archaeologist for Site TS-
02 and/or a Registered Professional Archaeologist(RPA) with similar qualifications.
« If the Phase 11 cultural resources evaluation program determines that a given
resource is eligible for listing on the California Registry of Historic Resources(CRHR)
and/or local listings and therefore meets the definition of a "historical resource," or if
there is a determination by the City in consultation with the Pechanga Tribe that a
resource is "unique" pursuant to applicable law, an impact determination shall be
made prior to issuance of grading permits. If the impacts are determined to be
significant, appropriate mitigation measures shall be designed in consultation with the
Pechanga Tribe to mitigate impacts to below a level of significance with preservation
as the preferred mitigation if feasible. If preservation is not the chosen alternative, a
data recovery program shall be implemented.The data recovery program shall entail,
at a minimum, the collection of surface materials and a sufficient sample of buried
materials, analysis, and reporting of recovered materials consistent with the Cultural
Resources Treatment and Monitoring Agreement by and between the Project
Applicant and the Pechanga Tribe.
a Prior to issuance of grading permit(s)for the Project,the Project Applicant shall retain
an archaeological monitor to monitor all ground-disturbing activities with special
emphasis on the vicinity of TS-01 and TS-02 in an effort to identify any unknown
archaeological resources. Any newly discovered cultural resource deposits shall be
subject to a cultural resources evaluation.
0 At least 30 days prior to seeking a grading permit, the project applicant shall contact
the Pechanga Band of Luiseno Indians for the purpose of notifying the Tribe of the
grading, excavation and monitoring program, and to coordinate with the City of Lake
Elsinore and the Pechanga Band of Luiseno Indians to develop a Cultural Resources
Treatment and Monitoring Agreement. The Agreement shall address the treatment of
known cultural resources, the designation, responsibilities, and participation of Native
American monitors during grading, excavation and ground disturbing activities;
project grading and development scheduling; terms of compensation; and treatment
and final disposition of any cultural resources, sacred sites, and human remains
discovered on the site. The City of Lake Elsinore shall be the final arbiter of any
disputes concerning the conditions included in the Agreement.
Prior to issuance of any grading permit, the project archaeologist shall file a pre-
grading report with the City and County (if required) to document the proposed
methodology for grading activity observation. Said methodology shall include the
requirement for a qualified archaeological monitor to be present and to have the
authority to stop and redirect grading activities. In accordance with the Treatment
Agreement, the archaeological monitor's authority to stop and redirect grading shall
be exercised in consultation with the Pechanga Band of Luiseno Indians in order to
Applicant's Initials: Page 6 of 19
DOC #2022-0375250 Page 38 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
evaluate the significance of any archaeological resources discovered on the property.
Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to
monitor all grading, excavation and groundbreaking activities, and shall also have the
authority to stop and redirect grading activities in consultation with the project
archaeologist.
If human remains are encountered, State Health and Safety Code Section 7050.5
shall apply and no further disturbance shall occur until the County Coroner has made
a determination of origin and disposition pursuant to Public Resources Code Section
5097.98. The Riverside County Coroner shall be notified of the find immediately. If
the remains are determined to be prehistoric, the Coroner will notify the Native
American Heritage Commission (NAHC), which will determine and notify a Most
Likely Descendant(MLD).With the permission of the landowner or his/her authorized
representative, the MLD may inspect the site of discovery. The MLD shall complete
the inspection and provide its recommendations pursuant to Public Resources Code
5097.98.
30. The applicant shall implement all mitigation measures identified in Environmental Impact
Report No. 2006-02 and its Mitigation Monitoring Program.
ENGINEERING DIVISION
31. A grading plan, signed and stamped by a California Registered Civil Engineer, shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the City Engineer. If the grading is less than 50 cubic yards
and a grading plan is not required, a grading permit shall still be obtained so that a cursory
drainage and flow pattern inspection can be conducted before grading begins.
32. Prior to commencement of grading operations, applicant shall provide the City with a map
of all proposed haul routes to be used for movement of export material. Such routes shall
be subject to the review and approval of the City Engineer.
33. All grading shall be done under the supervision of a geotechnical engineer who shall also
certify,for stability and proper erosion control,all slopes approved by the City to be steeper
than 2 to 1.
34, An Encroachment Permit shall be obtained prior to any work on City right-of-way.
35. Street improvements, traffic signing and striping are required as part of this project. The
improvements shall be prepared by a registered civil engineer and shall meet City and/or
Riverside County standards.
36. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of
the roadway or alley shall be the responsibility of the property owner or his agent. „„y}
37, nn Gludin but'nY7t
.-Reel 4--r[ 1, t 4SHGb ; 't- nd-A'fea-i�i•a age Fees The am id for a aGh
f-
nsistent with a fora in e{fe�n} nnr
Applicant's Initials:UdD Page 6 of 19
DOC #2022-0375250 Page 39 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
38. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall
be contained within the street right-of-way. When either of these criteria is exceeded,
drainage facilities shall be provided.
39. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8'/2"x 11"Mylar)shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
40. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R Inc.for removal and disposal of all waste
material, debris,vegetation and other rubbish generated during cleaning,demolition, clear
and grubbing or all other phases of construction.
41. On-site drainage shall be conveyed to a public facility, accepted by adjacent property
owners by a letter of drainage acceptance, or conveyed to a drainage easement.
42. All natural drainage traversing the site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer. Diversion of historic
flows shall not be allowed.
a. Roof drains shall not be allowed to outlet directly through coring in the street curb.
43. Roofs should drain across a minimum of 20-feet of landscaped area.
44. The applicant shall provide for the detention of storm water increases due to the project
as increased from historic flow volumes. Basins shall be designed consistent with
Riverside County Flood Control District standards.
—W e a l+ty--Cor"l
se ae
Centre. ,
fnGlude ,_,}fin storm water diSGha onta ,�ng oil, grease] rdr5ir_trivan}�. #rn�h r`r nthe+
waste
hures ofn "
remains• Pre SteM9
...at You Should Know
d�so#+t.�ra rat -ra'� �>rore�aFe-i;�va~ida�le-�t-Oity--k-�It-:
47. PLEASE NOTE; The diSGharge ef pollutants into stFeet, g6ltteFs_�+ dmin system7-ef
o # €e y4Gsal rd;r,�_^^1a t,�a l stag ark-#edereNaw:
Storm Water Management/ Pollution Prevention/ NUDES
Design:
48. The project is responsible for complying with the Santa Ana Region NUDES Permits as
warranted based on the nature of development and/or activity. These Permits include:
Applicant's Initials: e1w Page 7 of 19
DOC #2022-0375250 Page 40 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
• General Permit-Construction
• General Permit- Industrial
• Scrap Metal
• Derninimus Discharge
• MS4
49, The Proiect shall complete and submit for review and approval to the Engineering Division
BOTH a preliminary and final WQMP, incorporating the LID Principles and Stormwater
BMPs.
50, Prior to or concurrent with any submittal for land use (i.e. Final Map, Design Review,
Grading Permit, etc.), the applicant shall have prepared and submitted to the City
Engineerin,q Department for review and approval a Preliminary Water _Qualit
Management Plan (PWQMP). The PWQMP shall be prepared and designed in
accordance with the requirements in effect at the time of its submittal. Approval of the
PWQMP shall be required prior to scheduling the land use application for action by
Planning Commission.
51. The final WQMP shall be approved prior to issuance of any encroachment._grading Lor
building permit.
52. Water Quality Facilities that service more than one parcel shall be placed in an easement
to provide for maintenance and prevent obstruction.
53. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of
Riverside County guidance document and template for WQMP preparation,
54, WQMP - The Water Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used onsite to control identified pollutants of
concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan
(DAMP), Model WQMP and LID Guidance Manual for reference,and the MS4 Permittee's
WQMP template for submittal. This WQMP shall include the following:
• Detailed site and project description
• Potential stormwater pollutants
• Post-development drainage characteristics
• Low Impact Development(LID) BMP selection and�l analysis
• Structural and Non-Structural source control BMPs
• Site design and drainage plan (BMP Exhibit)
-
• Vector issues are addressed in the BMP design, operation andmaintenance,
• GIS coordinates for all LID and Treatment Control BMPs
• HCOC-demonstrate that discharge flow rates,velocities, duration and volume for
the postconstruction condition from a 2 year and 10 year 24 hour rainfall event
will not cause significant adverse impacts,on downstream erosion and receiving
waters, or measures are implemented to mitigate significant adverse impacts to
downstream public facilities and water bodies. Design goal to replicate pre-
development hydrologic regime.
Applicant's Initials: U-4..P- Page 8 of 19
DOC #2022-0375250 Page 41 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
55. The 2010 SAR MS4 Permit rewires implementation of LID Principles and LID Site Design,
where feasible, to treat the pollutants of concern identified for the project, in the following
manner from highest to lowestPriority) Section XII.E.2. XII.E.3 and XII.E.7
• Evaluation of highest and best use for sites discharging to Lake Elsinore.
• Preventative measures (these are mostly non-structural measures, e. ,,
preservation of natural features to a level consistent with the MEP standard;
minimization of Urban Runoff through clustering, reducing impervious areas, etc.)
• The Proiect shall `Infiltrate harvest and use, evapotranspire and/or bio-treat the
85th percentile storm event also known as the Design Capture Volume (DCV).
• The Proiect shall consider a properly engineered and maintained bio-treatment
system only if infiltration, harvesting and use and evapotranspiration cannot be
feasibly implemented at the project site.
• Any portion of the DCVJ that is not infiltrated harvested and used
eva otrans ired and/or biotreated shall be treated and discharged in accordance
with the requirements set forth in Section XII.G,
56. Parkin lot landscaping shall be designed to with concave landscape grading and provide
for treatment retention or infiltration of runoff.
57. Proiect hardscape areas shall be designed and constructed to provide for drainages into
adjacent landscape and permeable surfaces in low traffic roads and narking lots.
58. Trash enclosures shall be covered and bermed.
59. Hyd ro modification /Hydraulic Conditions of Concern —The project shall identify potential
Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of
natural water bodies and drainage systems; conserve natural areas; protect slopes.
channels and minimize significant impacts from urban runoff.
60. CEQA-- If CEQA identifies resources reguiring Clean Water Act Section 401 Permitting,
the applicant shall obtain certification through the Santa Ana regional Water Quality
Control Board and provide a copy to the Engineering Division.
61, The Proiect shall use either volume-based and/or flow-based criteria for sizing BMPs in
accordance with NPDES Permit Provision XILD.4.
Construction:
62. A Stormwater Pollution Prevention Plan (SWPPP) is required for this project. A copy of
the current SWPPP shall be kept at the project site and be available for review upon
request.
Erosion & Sediment Control- Prior to the issuance of any grading or building permit,
Applicant's Initials: Om Page 9 of 19
DOC #2022-0375250 Page 42 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
the applicant shall submit for review and approval by the City Engineer, an Erosion and
Sediment Control Plan as a separate sheet of the -grading plan submittal to demonstrate'
compliance with the Qy's NPDES Program, California Building Code, and state water
quality-regulations for ciradinq and construction activities. The Erosion and Sediment
Control.Plan shall identify how all construction materials, wastes, grading or demolition
debris, and stockpiles of soil, aggregates, soil amendments etc. shall be property
covered stored and secured to prevent'transport into local drainages or waters by wind
rain,tracking,or dispersion. The plan shall also describe how the protect will ensure that
all BMPs will be maintained during construction of env future right of wad
Post Construction:
63. Recorded Operation and Maintenance (O&M) Plan that (1) describes the long-term
operation and maintenance requirements for BMPs identified in the BMP Exhibit;(2)
identifies the entity that will be responsible for`long-term operation and maintenance of
the referenced BMPs: (3) describes the mechanism for funding the long-term operation
and maintenance of the referenced BMPs, and (4) 'provides for annual certification of
water duality facilities by a registered civil engineer and/or the City for a fee if the service
is available.
64. All storm drain inlet facilities shall be appropriately marked"Only.Rain in the Storm Drain"
using the City authorized marker to prevent illegal dumping in the drain system.
65. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits for construction.
industrial/commercial MS4 etc.to include:
• Demonstrate that all structural Best Management Practices(BMP's)described in
the BMP Exhibit from the proiect's approved WQMP have been implemented,
constructed and installed in conformance with approved plans andspecifications.
• Demonstrate that the proiect has complied with all non-structural BMPs described
in the proiect's WQMP.
• Provide signed, notarized certification from the engineer of work that the structural
BMP's identified in the project's WQMP are installed and operational.
• Submit a copy of the fully executed recorded Operations and Maintenance O&M
Plan for all structural BMPs.
• Provide documentation of annexation into a CFD for funding of facilities to be
maintained by the;City.
• Demonstrate that copies of the proiect's approved WQMP (with recorded O&M
Plan attached) are available for each of the initial occupants
(commercial/industrial) or Owner's Association as appropriate.
• Agree to pay for a Special Investigation from the City of take Elsinore for a date
twelve(12)months after the issuance of a Certificate of Use and/or Occupanc for
the project to verify compliance with the approved WQMP and O&M Plan. A
signed/sealed certification from the engineer of work dated 12 months after C of O
will be considered in lieu of a Special'Investigation by the City.
• Provide a recorded copy of.one of the following:
1. CC&R's (they must include the approved WQMP and O&M Plan)for the
Applicant's Initials:61b Page 10 of 19
DOC #2O22-O37525O Page 43mf51
TTM3424
Conditions of Approval City Council: March 14. 2O17
proiect's,Owners Association.
O&M Plan attached; o
The final approved Water Quality Management Plan and Operations and
A water guality implementation agreement with the approved-WQMP and
Maintenance Plan.
Final Tract or Parcel Map
OO. The developer shall submit for plan check review and approval a final map,
-`.
Phasing plan, if anv, shall be approved by the City Engineer prior to issuance of any
68. Prior to City Council approval of the final Tract Map the developer shall, in accordance
submitted and approved, agreements executed and securities posted.
with Government Code, have constructed all improvements or have improvement plans
-
The Final Tract Map shall include the phasing boundaries consistent with the parcels of
the Tentative Tract. The phasing boundaries or parcels shall be processed as separate
tract maps.
Prior to Issuance of a Grading Permit
7O. If the grading io less than 5O cubic yards and a grading plan is not required, a site plan
showing proposed project iOnpnJVernentomnddRaiD8geoottarn8sha||begubnlittedaoUlad
o cursory drainage and flow pattern inspection can be conducted before grading begins.
71. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports
prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall
mitigate any flooding and/or erosion downstream caused by development of the site
and/or diversion of drainage.
72. The approved grading plan shall show conveyance of any storm water historically
traversing the project site. The storm drain design shall convey, at m D0inirDurn. the 100-
yearstonneVentdFtai|inQVVer|oMdne|eamoofanymupp|ernenia|vvatmrv0|Umne.
73. Provide sOi|n, geology and seismic report for plan check review and approval. Provide
final soils report showing compliance with recommendations.
74. The applicant shall obtain all necessary off-site easements for off-site grading and/or
drainage acceptance from the adjacent property owners prior tograding permit issuance.
a. Applicant shall provide erosion control nleaounae as part of their grading plan. The
applicant shall contribute to protection of storm water quality and meet the goals of the
BK4Fzin Supplement^/Y' in the Riverside County NPOEG Drainage Area Management
Plan.
DOC #2022-0375250 Page 44 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
(NIQstqfm '
pemAits. .
:-- iplisant staaa! abtaa aaleart�-A+�e- egcapa r #er
their-st orate Nu evefiee--playa4nek4ng appra+r0l ef-eF ie entr4-fbr4-he
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Prior to Issuance of Building Permit
77. Unless other timing is indicated, all Public Works requirements shall be complied with as
a condition of development as specified in the Lake Elsinore Municipal Code prior to
building permit.
78. The applicant shall construct a full 40-foot street section on 60-feet of dedicated right of
way as the modified section with expanded parkway for project site internal public streets.
79. Cottonwood Canyon Road shall be constructed with 48-feet of road section from curb to
curb with a dedicated right of way width of 70-feet.
80. The applicant shall construct a 24-foot street section with asphalt dyke on the southerly
side and curb, gutter and sidewalk improvements on the northerly side of Navajo Springs
Road. In addition,the applicant shall provide geotechnical data to support a slope steeper
than 2:1 between the toe of slope and right of way line.
81. The applicant shall construct a 32-foot street section with asphalt dyke on the southerly
side and curb, gutter and sidewalk improvements on the northerly side of Lost Road. All
slopes exceeding 2:1 shall be approved prior to issuance of grading permit.
82. All project site internal private local streets shall have a minimum 36-foot section with
rolled curbs constructed on a 46-foot easement.
83. The applicant shall comply with access requirements from the Fire Department.
84. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been made for
this project and specify the technical data for the water service at the location,-such as
water pressure and volume etc. The Will Serve letter shall be submitted prior to applying
for a building permit.
85. T-"plioanit-shall-pay-all-Cap4a"mp tid Rlan Gta sk
d #c4 , TFMSPGilation
WRifer-M Mitigat' ,
Prior to Occupancy
86. All compaction reports, grade certifications, monument certifications (with tie notes
Applicant's Initials:0
4P Page 12 of 19
DOC #2022-0375250 Page 45 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
delineated on 8 112"x 11" Mylar)shall be submitted to the Engineering Division.
87. All public improvements including signing and striping, and street lighting shall be
completed in accordance with the approved plans or as condition of development to the
satisfaction of the City Engineer.
88. Onsite circulation of the Project shall be completed to the satisfaction of the Fire
Department.
89. The applicant shall coordinate the construction of a street light with Southern California
Edison consistent with the City Standard street light spacing.
90. Water and sewer improvements shall be completed in accordance with Water District
requirements.
CITY OF LAKE ELSINORE FIRE MARSHALL
General Conditions
91. Riverside County Fire Department at Lake Elsinore Office of the Fire Marshal
Responsibility It is the responsibility of the recipient of these Fire Department conditions
to forward them to all interested parties. The permit number (as it is noted above) is
required on all correspondence.
Questions should be directed to the Riverside County Fire Department, Lake Elsinore
Office of the Fire Marshal at130 S. Main St., Lake Elsinore,CA 92530. Phone: (951)671-
3124 <Ext. 225. The following fire department conditions shall be implemented in
accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of
roiect building plan submittal these conditions are in addition to the adopted code
requirements.
92. Blue Dot Reflectors-Blue retro-reflective pavement markers shall be mounted on private
streets, public streets and driveways to indicate location of fire hydrants. Prior to
installation, placement of markers must be approved by the Riverside County Fire Dept.
93. Minimum Hydrant Fire Flow-Minimum required fire flow shall be 1,000 GPM for 2 hours
duration at 20 PSI residual operating ressure which must be available before an
combustible material is olaced on the iob site. Average spacing between hydrants 500'
and 250' maximum distance from any point on the street or road frontage to hydrant.
94. Standard Fire Hydrants-Super fire hydrants(6"x 4 x 2-21/2"),shall be located not less
than 25 feet or more than 250 feet from any portion of the building as measured along
approved vehicular travel ways The required fire flow shall be available from any adjacent
hydrant(s)in the system
95. Hazardous Fire Area-The proposed proiect is located in a high or very high fire zone as
adopted in the Lake Elsinore Municipal Code. The project shall adhere to all high fire
requirements as prescribed In the Title 24 Codes, any applicable state and local codes
pertaining to high fire. The structures shall comply with Chapter 7A'of the Building Code
Applicant's Initials:W Page 13 of 19
DOC #2022-0375250 Page 46 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
and or Section R327 of the California Residential Code. Roofing Materials shall be
classified at not less than class"A".
96. Fuel modification Plan -'Fuel modification plans shall be provided to the Lake Elsinore
Fire Protection Planning office. Plans shall include fuels modelin_a and comprehensive`
details with regard to the vegetation management plan. The fuels modification zone shall
be not less than 100'from all structures and may be required to be increased.
ANY HABITAT CONSERVATION ISSUES AFFECTING THE IMPLEMENTATION OF
THIS FUEL MODIFICATION PLAN SHALL BE COORDINATED WITH THE
RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY PRIOR TO
THE LAND`,DEDICATION.
97. Minimum Access Standards The followina access requirements are required to be
implemented to ensure fire department and emergency vehicular access. All roadways
shall conform to the City of Lake Elsinore &Pgroved roadway standards but in no case
shall the minimum fire department vehicular access be less the following provisions:
1. Twenty-four feet (24') clear width. Where parking is to be provided each parking
side>shall be provided with eight W) additional feet on each side of the fire
department access.
2. Median openings or crossovers between opposing lanes of a divided highway or
street shall be located only at approved intersections at intervals of not less than
500 feet. (Ord 529§3.2(F), 19731.
3. The required all weather vehicular access shall be able to support no less than
75,000 lbs. over 2 axles.
4. Roadway gradient shall not exceed 15% on any access road, driveways, and
perimeter roads.
5. Turning Radius shall be 24'inside and 48' outside for all access roads.
9& Secondary Access In the interest of Public Safety,this proect shall provide an Alternate
or Secondary Access. Said access shall be constructed in accordance to the City of Lake
Elsinore Engineering Department standards to accommodate full fire response and
community evacuation.
99. Automatic / Manual Gates - Gate entrances shall be at least two feet wider than the
width of the traffic lane s serving that gate and no less than 20 feet wide. Any gate
providinq access from a road to a drivel shall be located at least 35 feet from the
roadway and shall open to allow vehicle to stop without obstructing traffic on the road.
Where a one-way road with a single traffic lane provides access to a gate entrance, a 40
foot turning radius shall be used.Gate access shall be equipped with a rapid entrysystem.
Plans shall be submitted to the Fire Department for approval prior to installation.
Automatic/manual gate pins shall be rated with shear pin force. not to exceed 30 foot
pounds. Automatic gates shall be eguioped with emergency backup power. Gates
activated by the rapid entry system shall remain open until closed by the rapid entry
system. Contact the Fire Planning office for current plan check fees.
Applicant's Initials:b" Page 14 of 19
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TTM 34249
Conditions of Approval City Council: March 14, 2017
Prior to Building Permit Issuance
100. Plan Check Fee - Building plan check fees shall be made payable to the "City of Lake
Elsinore" and shall be submitted to the Fire Department at the time of plan submittal.
101. Water System Plans Applicant and/or developer shall submit 2 sets of water system
plans to the Fire Department for review. The plans must be signed by a registered Civil
Engineer and/or water purveyor brior to Fire Department review and approval. Molars will
be signed by the Fire Department after review and approval.Two(2)copies of the signed
and approved`water plans shall be returned to the Fire Department before release of a
building permit.
102. Prior to Building Construction Verification This project shall be inspected and
approved by the Fire Marshal or designee prior to bringing combustible materials on site.
During said inspection all permanent road signs shall be in place, all hydrants shall on
merating and approved for use by the water purveyor, and all permanent road surfaces
shall be completed including primary and secondary access circulation.
Prior to Buildina Final Inspection
103. Residential Fire Sprinkler Systems for Single family and two-family 13D - Install a
complete fire sprinkler system designed in accordance with California Residential Code;
California Fire Code and adopted standards. A C-16 licensed contractor must submit
plans, along with the current fee, to the Fire Department for review and approval prior to
installation.
COMMUNITY SERVICES DEPARTMENT
Site shall bee equeWian in A—ign and l0Gated Rid- a"er
F$IiFF}i k site plan) i c�nF�nr. Ctrs-4 I'A"
�Re 1 tkWW }rho the development.
107, Prior to HclnGe-9f-bWldjFl g+efm"e devele
,
faG
GFeditfr
a08. -Fl ppi+&af"ba „ Wq gram.
110. The ' r slepes,
Applicant's Initials: t0p_ Page 16 of 19
DOC #2022-0375250 Page 48 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
,v ditrhes oF �nY
data+raft Beier=wafts argil Its
14, T- tisea ll ate-+n-th i
'.
shall annex into
be main# ++ -they
116. The-aWGant shall r.9_ ek4&4emovaa
the�-ake-E4inWe
116. "'-- ,G to-isfinal
wM4-at 4nveetoi"f-all-_s ' la stfe of
City G +are fee ge,
,'
i�ter�+era�tiet-�-plar+s:
120. The 5.4 acre public park (Lot 314) shall be conveyed to the Ci_y and shall be included in
the Community Facility District for maintenance and renovation cost.
121. The design of the public park(Lot 314)shall provide for pedestrian circulation and access
for the disabled throughout the park.
122. Prior to recordation of the final mar), the develo er shall meet with the Directors of
Community Services and Community Development to determine the location and
specifications of the nark amenities that need to be provided.
123. Prior to the issuance of the first buildina mrmit, construction Nans and specifications for
the park shall be reviewed and approved by the Community Development Department,
124. The developer shall post security and enter into an agreement to improve the public park
prior to issuance of the first building permit.
125. Construction of the park shall commence pursuant to a pre-construction meeting with the
developer, the developer's'construction contractor and City representatives. Failure to
comply with the City's review and inspection process may preclude acceptance of the park
by y the City.
126. The developer,, the developer's successor or assignee shall be responsible for all
maintenance of the public park site(Lot 314) until such time as those responsibilities are
accepted by the City of Lake Elsinore.
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TTM 34249
Conditions of Approval City Council: March 14, 2017
127, The 5.4-acre public park site (Lot 314)shall be improved and dedicated to the City free
and clear of any liens, assessment fees, or easements that would preclude the City from
utilizing the property for public purposes.A policy,of title insurance and a soils assessment
report shall be provided with the conveyance of the property.
12& All open space areas and trails will be maintained by the HOA or other maintenance entity
approved by the City.
129. No park credits shall be given for open space areas.
130. Developer shall dedicate 5.4 acres for a public park and pay for park improvements.
Construction of the park improvements shall be in lieu of payment of park fees.
131. Construction of the park site(Lot 314)shall be completed prior to the 2001"building permit.
ADMINISTRATIVE SERVICES DEPARTMENT
the Me!
impaets Gf �he PFojert on pub!r. safety operations and m1a",----Ge issues in the Gity-.
within ment and er
fiscal ae# s#�a}E tyke-a 1s # s asan -tvve�-�ujidFed4 liar
4$4,20
is
i
e
s rtacesc7-GontaGt Denis-AndeF60n Ha t
ae .
Annex into CFD 2015-1 (Safety) Law Enforcement. Fire and Paramedic Services CFD
135. Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Conditional
Use Permit(as'apglicable),the applicant shall annex into Community Facilities District No.
2015-1 (Safety) the Law Enforcement. Fire and Paramedic Services Mello-Roos
Applicant's Initials:, Page 17 of 19
DOC #2022-0375250 Page 50 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
Community Facilities District to offset the annual negative fiscal impacts of the proiect on
public safety operations and maintenance issues in the City. Alternatively, the applicant
may propose alternative financing mechanisms to fund the annual negative fiscal impacts
of the_proiect with respect to Public Safety services. Applicant shall make a seven
thousand five hundred dollars ($7,500) non-refundable deposit to cover the cost of the
annexation, formation or other mitigation process as applicable.
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance
Services __.A..._ ..._. ......._._........_._�
136. Prior to approval of the Final Map, Parcel Map Residential Design Review: Conditional
Use Permit or building permit (as applicable), the applicant shall annex into the
Community Facilities District No. 2015-2 (Maintenance Services) to fund the on-going
operation and maintenance of the public right-of-way landscaped areas and neighborhood
parks to be maintained by the City and for street lights in the public right-of-way for which
the City will pay for electricity and a maintenance fee to Southern California Edison,
including parkways, open space and public storm drains constructed within the
development and federal NPDES requirements to offset the annual negative fiscal impacts
of the proiect. Alternatively, the applicant may propose alternative financing mechanisms
to fund the annual negative fiscal Impacts of the proiect with respect to Maintenance
Services. Applicant shall make a seven thousand five hundred dollars 7 b00 non-
refundable deposit to cover the cost of the annexation, formation or other ±ggjj n
process, as applicable.
Applicant's Initials: Page 18 of 19
DOC #2022-0375250 Page 51 of 51
TTM 34249
Conditions of Approval City Council: March 14, 2017
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above
named project and do hereby agree to accept and abide by all Conditions of Approval as approved
by the City Council of the City of Lake Elsinore on 3-iq-17. I also acknowledge that all Conditions
shall be met as indicated.
Date:
Applicant's Signature: ,
Print Name: 4-. �>emewic�oH r
Address: 3/ S"/ -
t ,11-16 0-6 5 rC.)P— 64Q r . 9A,5 9�
Phone Number:
Applicant's Initials:UJO Page 19 of 19