Agenda packet — Lake Elsinore City Council, January 10, 2023 (part 3 of 6)

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Kevin Beery, Associate Planner
Date: January 10, 2023
Subject: Notice of Decision – Planning Commission Approval of Planning Application No. 2021-39 (Dutch Bros) for a Commercial Design Review and a Conditional Use Permit to Construct and Operate a One-story, 950 Square-foot Drive-through Coffee Stand
Applicant: Dutch Bros., LLC
Recommendation
Receive and File the Notice of Decision for Planning Application No. 2021-39 acted on by the Planning Commission (Commission) on December 6, 2022.

The Commission by a 5-0 vote:

1. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-15 TO ESTABLISH A 950 SQUARE-FOOT DRIVE-THROUGH COFFEE STAND LOCATED AT 32250 MISSION TRAIL (APN: 365-040-024); and

2. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-19 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A 950 SQUARE-FOOT DRIVE-THROUGH COFFEE STAND LOCATED AT 32250 MISSION TRAIL (APN: 365-040-024).

PA 2021-39 (Dutch Bros)

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Background
The Commission’s decision is final and no action by the City Council is required unless the City Council, by majority vote, elects to review and reconsider the Commission’s decision by ordering the matter set for a future noticed public hearing according to Section 17.410.110.F of the Lake Elsinore Municipal Code (LEMC), or the applicant or an interested person files a complete appeal application within 15 days of this notice appearing on the City Council’s agenda.

The project site consists of one approximately 9.07-acre parcel located at 32250 Mission Trail (APN: 365-040-024). The project site is currently developed with an approximately 88,057 sq. ft. bowling and amusement center (“Pins N Pockets”) and accessory site improvements including paved parking areas and landscaping. The new building and improvements would be developed on an approximately 0.68-acre portion in the southwest of the site.

Planning Application No. 2021-39 is a request for approval of a Commercial Design Review (CDR No. 2021-19) to construct a one-story, 950 sq. ft. drive-through coffee stand and related site improvements including a two-lane drive-through with 22 queuing spaces, eight parking spaces and new landscaping. The application also includes a request for approval of a Conditional Use Permit (CUP No. 2021-15) to permit operation of the drive-through, as required by the CMU zoning regulations. Access to the new development would be provided by two existing driveways on Mission Trail. The northern driveway is unsignalized and provides right-in and right-out access while the southern driveway is signalized and provides full access.

The Commission voted 5-0 to approve the project at its regular meeting on December 6, 2022.

No public comments were provided on the item. During the meeting, some Commissioners commented on the potential for drive-through queue spill-over onto Mission Trail and the compatibility of the proposed building exterior colors with surrounding development. The applicant clarified that the project is designed to avoid spill-over onto Mission Trail by restricting the northern driveway to right-in and right-out only. In addition, the hours of operation the business will not conflict with Pins N Pockets allowing for overflow to occur in the parking area. Further, the applicant will also implement a traffic management plan to avoid the potential for a spill-over to occur. The Planning Commission added the following condition of approval to ensure that the exterior building color matches the surrounding development:

For the purpose of complementing the quality of surrounding development, the proposed building exterior design shall be revised to incorporate a tannish color pursuant to LEMC Section 17.415.050.F.2. Revised building elevations shall be submitted to the Planning Division for review and approval prior to building permit issuance.

Fiscal Impact
The time and costs related to processing this application have been covered by fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The approval of the Project does not fiscally impact the City’s General Fund.

Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval.

PA 2021-39 (Dutch Bros)

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Attachments
Attachment 1 – Planning Commission Staff Report

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REPORT TO PLANNING COMMISSION
To: Honorable Chair and Members of the Planning Commission From: Damaris Abraham, Interim Assistant Community Development Director Prepared by: Kevin Beery, Associate Planner
Date: December 6, 2022
Subject: Planning Application No. 2021-39 (Dutch Bros) – A request for approval of a Commercial Design Review to construct a one-story, 950 square-foot drive-through coffee stand and related site improvements in conjunction with a Conditional Use Permit to allow operation of the drive-through located at 32250 Mission Trail.

Applicant Name: Dutch Bros., LLC
Recommendation

1. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-15 TO ESTABLISH A 950 SQUARE-FOOT DRIVE-THROUGH COFFEE STAND LOCATED AT 32250 MISSION TRAIL (APN: 365-040-024); and,

2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-19 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A 950 SQUAREFOOT DRIVE-THROUGH COFFEE STAND LOCATED AT 32250 MISSION TRAIL (APN: 365- 040-024); and,

3. Find and determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (New Construction) Project Location
The project site consists of one approximately 9.07-acre parcel located at 32250 Mission Trail (APN: 365-040-024). The project site is currently developed with an approximately 88,057 sq. ft. bowling and amusement center (“Pins N Pockets”) and accessory site improvements including paved parking areas and landscaping. The new building and improvements would be developed on an approximately 0.68-acre portion in the southwest of the site.

PA 2021-39 (Dutch Bros)
PC: 12/06/2022

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Project Description
Planning Application No. 2021-39 is a request for approval of a Commercial Design Review (CDR No. 2021-19) to construct a one-story, 950 sq. ft. drive-through coffee stand and related site improvements including a two-lane drive-through with 22 queuing spaces, eight parking spaces and new landscaping. The application also includes a request for approval of a Conditional Use Permit (CUP No. 2021-15) to permit operation of the drive-through, as required by the CMU zoning regulations. Access to the new development would be provided by two existing driveways on Mission Trail. The northern driveway is unsignalized and provides right-in and right-out access while the southern driveway is signalized and provides full access.

The drive-through ordering area would not contain speaker systems and all customer orders would be taken by employees in the drive-through queue. The proposed coffee stand will also feature a walk-up ordering window facing the parking area for pedestrian use. No indoor customer access is proposed. Business hours of operation would be 5:30 AM to 10:00 PM on Sunday through Thursday and 5:30 AM to 11:00 PM Friday through Saturday. The expected maximum number of onsite employees would be six at any given time.

Environmental Setting

EXISTING

LAND USE

GENERAL PLAN ZONING
Project Site Bowling Alley Commercial Mixed Use (CMU) Commercial Mixed Use (CMU) North Commercial Commercial Mixed Use (CMU) Commercial Mixed Use (CMU) South Commercial Commercial Mixed Use (CMU) Commercial Mixed Use (CMU) East Vacant General Commercial (GC) General Commercial (C-2) West Commercial Commercial Mixed Use (CMU) Commercial Mixed Use (CMU) Analysis
General Plan Consistency
The subject site has a General Plan land use designation of Commercial Mixed Use (CMU) and is located in the Lake Elsinore Hills District. The CMU designation provides for a mix of residential and non-residential uses within a single proposed development area, with an emphasis on retail, service, civic and professional office uses with a maximum 0.80 floor area ratio (FAR). The proposed FAR, including the existing amusement center and proposed coffee stand buildings, is

0.22. Therefore, the Project is consistent with the General Plan.

Municipal Code Consistency
The current zoning designation of the subject site is Commercial Mixed Use (CMU). According to Section 17.134.020 of the Lake Elsinore Municipal Code (LEMC), drive-through food establishments are permitted subject to approval of a Conditional Use Permit in the CMU zone.

Staff has reviewed the submitted development plans for compliance with the CMU development standards and regulations of Chapter 17.134 of the LEMC and has determined that the proposed development conforms to the CMU district provisions as shown in Table 2.

PA 2021-39 (Dutch Bros)
PC: 12/06/2022

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Development Standard Required Proposed
Floor Area Ratio (FAR) 0.80 max. 0.22
Front Setback 10'-0" min. 35'-6"
Right Side, Interior None 103'-0"
Left Side, Interior None 550'-0" (approx.)
Building Height Varied Rooflines 24'-0" to top of parapet Drive Through Stacking 8 vehicles (160'-0") min. 22 vehicles (440'-0") Landscape improvements:

Drive-through planter separation (from
driveways, parking and property lines)
5'-0" min. 12'-6 ½" to 30'-6"
Parking area from ROW 20'-0" min. 71'-6 ½"
Table 2: Development Standards
The Project also meets the minimum parking requirements set forth in Section 17.148.030 of the LEMC as shown in Table 3.

Parking Standard Required Proposed
 Bowling alleys: four spaces per
lane
 Commercial uses: one space per
250 square feet of gross floor
area
Pins N Pockets: 24 lanes x 4
spaces = 96 spaces
Dutch Bros: 950 sq. ft. / 250 sq. ft. =
4 spaces
Total = 100 spaces
Existing +
New =
265 + 8
Total = 273
Table 3: Parking Requirements
The architectural design of the proposed building complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The proposed building is rectangular in plan and will feature a flat roof with a parapet capped with flashing (painted to match). The main body of the building exterior would consist of dark and light gray metal panel siding, stone veneer wainscoting, metal awning projections, and space for tenant wall signage. Accent blue metal siding would be provided on the proposed tower element. The exterior architecture, including colors and materials, has been designed to be harmonious and compatible with surrounding development.

Furthermore, the proposed landscaping improvements complement the proposed building design, provide shade and break-up expanses of pavement. The proposed site design is cohesive and functional for the proposed use.

The Design Review Committee, including Staff from Planning, Building and Safety, Fire, and Engineering departments and the Elsinore Valley Municipal Water District, has reviewed the Project and have added recommended permit conditions of approval to ensure compliance with adopted plans, policies, and regulations.

Traffic
A focused traffic analysis dated July 21, 2022 was prepared by Transolutions, Inc. for the Project.

The purpose of the focused traffic analysis is to assess the degree to which the Project would impact performance of the surrounding road network, specifically the existing intersections of the Project site driveways and Mission Trail. The analysis concluded that the Project would not PA 2021-39 (Dutch Bros)
PC: 12/06/2022

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adversely affect levels of service in the study area and that the study intersections would continue operating at satisfactory levels of service. Additionally, based on survey data of the applicant’s other operational locations in the region, the study determined that the proposed drive-through stacking capacity of 22 vehicles is sufficient to accommodate peak queue length. Therefore, the Project is consistent with the circulation goals and policies of the General Plan and is not expected to adversely impact the safety or efficiency of the surrounding roadways.

MSHCP Consistency
The proposed development is subject to discretionary approvals by the City of Lake Elsinore and is therefore a project under the Western Riverside County Multiple Species Habitate Conservation Plan (MSHCP). As a permittee of the MSHCP, the City must make MSHCP Consistency findings prior to approving a project. The project site is not located within a Criteria Cell and therefore is exempt from the requirement to undergo Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) procedures. The Project site is void of riparian, riverine, vernal pools or other wetland features, and has been previously disturbed and graded for existing commercial use. Furthermore, the Project site is not located within a special species survey area in accordance with the MSHCP. Therefore, the Project is consistent with the MSHCP guidelines concerning Riparian/Riverine Areas and Vernal Pools, Protection of Narrow Endemic Plant Species, Additional Survey Needs and Procedures, Urban/Wildlands Interface and Fuel Management in addition to the Vegetation Mapping Requirements. Standard permit conditions have been added requiring the applicant to pay the MSHCP Local Development Mitigation Fee.

For these reasons, the Project is consistent with the MSHCP.

Environmental Determination
Planning Division Staff has determined that the Project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15303 (New Construction) because the project involves the new construction of one 950 square-foot commercial structure and accessory onsite improvements including a drive-through lane, a parking area, landscaping, and utility extensions to serve the new construction.

Attachments
A – CUP Resolution
B – CDR Resolution
C – Conditions of Approval
D – Vicinity Map
E – Aerial Map
F – Design Review Package
RESOLUTION NO. 2022-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-15 TO ESTABLISH A 950 SQUARE-FOOT DRIVE-THROUGH COFFEE STAND AT 32250 MISSION TRAIL (APN: 365-040-024)
Whereas, Dutch Bros., LLC has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-39 (Conditional Use Permit No. 2021-15 and Commercial Design Review No. 2021-19) to construct and operate a one-story, 950 sq. ft. drive-through coffee stand and related site improvements including a two-lane drive-through with 22 queuing spaces, eight parking spaces and new landscaping on an approximately 0.68 acre portion of an approximately 9.07-acre site in the Commercial Mixed Use zone. The project site is located at 32250 Mission Trail (APN: 365-040-024); and
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, Section 17.415.070.A of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the City to comprehensively review and approve the use; and, Whereas, pursuant to Section 17.415.070.B of the LEMC, the Planning Commission (Commission) has the responsibility of reviewing and approving, conditionally approving, or denying Conditional Use Permits; and,
Whereas, on December 6, 2022, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The Commission has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP.

Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency:

1. The project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.

PC Reso. No. 2022-____

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2. The Project site has been previously completely disturbed and graded for the development of the existing commercial uses. The project is proposing to construct a new coffee stand building, drive-through lanes, and other improvements in the southwest portion of the Project site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable.

3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as set forth in MSHCP Section 6.3.2 because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.

4. The project is consistent with the Fuels Management Guidelines because the project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.

5. The project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees.

Section 3: The Commission finds that the proposed project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15303 (New Construction) because the project involves the new construction of one 950 square-foot commercial structure and accessory onsite improvements including a drive-through lane, a parking area, landscaping, and utility extensions to serve the new construction.

Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the Commission makes the following findings regarding Conditional Use Permit No. 2021-15:

1. That the proposed use is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located.

The subject site has a General Plan Land Use designation of Commercial Mixed Use (CMU) and is located in the Lake Elsinore Hills District. The CMU Land Use designation provides for a mix of residential and non-residential uses within a single proposed development area, with an emphasis on retail, service, civic and professional office uses with a maximum 0.80 floor area ratio (FAR). The proposed FAR, including the existing amusement center and proposed coffee stand buildings, is 0.22. Therefore, the Project is consistent with the General Plan.

Furthermore, the current zoning designation of the subject site is Commercial Mixed Use (CMU). According to Section 17.134.020 of the Lake Elsinore Municipal Code (LEMC), drive-through food establishments are permitted subject to approval of a Conditional Use Permit in the CMU zone.

Therefore, the proposed drive-through food establishment is consistent with the commercial designation of the subject site as described in the General Plan.

2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City.

PC Reso. No. 2022-____

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The proposed use does not involve the potential for causing detrimental effects to the existing surrounding community or the general public. The project has been conditioned as such to avoid any possible negative impacts associated with the proposed project.

3. The site is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title.

The proposed site development plan provides sufficient drive-through lane lengths to accommodate assumed peak vehicle queuing space, as well as provide conforming building and drive lane setbacks from the right-of-way and neighboring properties.

4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use.

A focused traffic analysis dated July 21, 2022 was prepared by Transolutions, Inc. for the Project. The purpose of the focused traffic analysis is to assess the degree to which the Project would impact performance of the surrounding road network, specifically the existing intersections of the project site driveways and Mission Trail. The analysis concluded that the Project would not adversely affect levels of service in the study area and that the study intersections would continue operating at satisfactory levels of service.

Additionally, based on survey data of the applicant’s other operational locations in the region, the study determined that the proposed drive-through stack capacity of 22 vehicles is sufficient to accommodate peak queue length. Therefore, the Project is consistent with the circulation goals and policies of the General Plan and is not expected to adversely impact the safety or efficiency of the surrounding roadways.

5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof.

The project has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects.

6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

Pursuant to Section 17.415.070.B of the LEMC, the project was considered by the Planning Commission at a duly noticed Public Hearing on December 6, 2022, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare.

Section 5: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby finds that the project is consistent with the MSHCP.

Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Conditional Use Permit No. 2021-15.

Section 7: This Resolution shall take effect immediately upon its adoption.

PC Reso. No. 2022-____

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Passed and Adopted on this 6th day of December, 2022.

Matthew Dobler, Chairman
Attest:
___________________________________
Damaris Abraham,
Interim Assistant Community Development Director

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2022-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held December 6, 2022 and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Damaris Abraham,
Interim Assistant Community Development Director
RESOLUTION NO. 2022-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-19 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A 950 SQUARE-FOOT DRIVE-THROUGH COFFEE STAND AT 32250 MISSION TRAIL (APN: 365-040-024)
Whereas, Dutch Bros., LLC has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-39 (Conditional Use Permit No. 2021-15 and Commercial Design Review No. 2021-19) to construct and operate a one-story, 950 sq. ft. drive-through coffee stand and related site improvements including a two-lane drive-through with 22 queuing spaces, eight parking spaces and new landscaping on an approximately 0.68 acre portion of an approximately 9.07-acre site in the Commercial Mixed Use zone. The project site is located at 32250 Mission Trail (APN: 365-040-024); and
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Section 17.415.050 (Major Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has the responsibility of reviewing and approving, conditionally approving, or denying design review applications; and, Whereas, on December 6, 2022, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The Commission has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.

Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency:

1. The project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.

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building, drive-through lanes, and other improvements in the southwest portion of the Project site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable.

4. The project is consistent with the Fuels Management Guidelines because the project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.

5. The project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees.

Section 3: The Commission finds that the proposed project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15303 New Construction because the project involves the new construction of one 950 square-foot commercial structure and accessory onsite improvements including a drive-through lane, a parking area, landscaping, and utility extensions to serve the new construction.

Section 4: That in accordance with Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Commercial Design Review No. 2021-19:

1. The Project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located.

Therefore, the proposed drive-through food establishment is consistent with the commercial designation of the subject site as described in the General Plan. The proposed commercial project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses.

2. The Project complies with the design directives contained in the LEMC and all applicable provisions of the LEMC.

PC Reso. No. 2022-____

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The project is appropriate to the site and surrounding developments. The architectural design of the proposed building conforms to the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The architecture has been designed to achieve harmony and compatibility with the surrounding area. The colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other properties near the project site. In addition, safe and efficient circulation has been achieved onsite.

3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050.

Pursuant to Section 17.415.050.E of the LEMC, the project was considered by the Planning Commission at a duly noticed Public Hearing held on December 6, 2022. The project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment.

Section 5: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby finds that the project is consistent with the MSHCP.

Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Commercial Design Review No. 2021-19.

Section 7: This Resolution shall take effect immediately upon its adoption.

Passed and Adopted on this 6th day of December, 2022.

Matthew Dobler, Chairman
Attest:
___________________________________
Damaris Abraham,
Interim Assistant Community Development Director

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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Commission of the City of Lake Elsinore, California, at a regular meeting held December 6, 2022 and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Damaris Abraham,
Interim Assistant Community Development Director
Applicant’s Initials: _____ Page 1 of 14

CONDITIONS OF APPROVAL
PROJECT: PA 2020-39/CUP 2021-15/CDR 2021-19
PROJECT NAME: Dutch Bros
PROJECT LOCATION: APN: 365-040-024
APPROVAL DATE:

EFFECTIVE DATE:

EXPIRATION DATE:

GENERAL

1. Planning Application No. 2021-39 (Conditional Use Permit No. 2021-15 and Commercial Design Review No. 2021-19) proposes to construct and operate a one-story, 950 sq. ft. drive-through coffee stand and related site improvements including a two-lane drive-through with 22 queuing spaces, eight parking spaces and new landscaping on an approximately

0.68-acre portion of an approximately 9.07-acre site in the Commercial Mixed Use zone.

The project site is located at 32250 Mission Trail (APN: 365-040-024). The existing approximately 88,057 sq. ft. Pins N Pockets building will remain as is and is not part of this application.

2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of CUP 2020-18 and CDR 2020-29, 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 CUP 2020-18 and CDR 2020- 29 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition.

3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records.

PLANNING DIVISION

4. Conditional Use Permit No. 2021-15 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of PA 2021-39/CUP 2021-15/CDR 2021-19 PC:

Conditions of Approval CC:

Applicant’s Initials: _____ Page 2 of 14
LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.

5. Commercial Design Review No. 2021-19 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this twoyear period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.

6. Hours of operation shall be 5:30 AM to 10:00 PM Sunday through Thursday and 5:30 AM to 11:00 PM Friday through Saturday.

7. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar manner as a new application

8. If operation of this use raises concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said Conditional Use Permit.

9. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities.

10. All future development proposals shall be reviewed by the City on a project-by-project basis.

If determined necessary by the Community Development Director or designee, additional environmental analysis will be required.

11. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. Grading plan revisions shall be reviewed by the City Engineer.

12. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m.

Construction activity shall not take place on Sunday, or any Legal Holidays.

13. No individual signs are approved as part of this approval. The applicant or designee shall PA 2021-39/CUP 2021-15/CDR 2021-19 PC:

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submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site.

14. Graffiti shall be removed within 24 hours.

15. All materials and colors depicted on the approved plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee

16. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours.

17. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation
Prior to Issuance of Grading Permits/Building Permits

18. Prior to issuance of a building permit, the applicant shall pay Development Impact Fees (DIF) and Multiple Species Habitat Conservation Plan (MSHCP) Fees per LEMC Section

16.85, at the rate in effect at the time of payment.

19. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan.

20. The project shall meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards.

21. The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way.

22. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture.

23. Prior to issuance of a building permit, the Final Landscaping / Irrigation Detail Plans shall be submitted to the Community Development Department with appropriate fees, for review and approval by the Community Development Director or designee. a. All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method.

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b. All planting areas shall be separated from paved areas with a six inch (6”) high and six inch (6”) wide concrete curb. Runoff shall be allowed from paved areas into landscape areas.
c. Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twentyfour inches (24”). d. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines.
e. No required tree planting bed shall be less than 5 feet wide. f. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks.
g. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City’s adopted Landscape Guidelines. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details and shall blend in with the existing shopping center.
l. Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City’s landscape plan check consultant.
m. No turf shall be permitted.

24. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest.

25. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way.

BUILDING DIVISION
General Conditions

26. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal.

27. Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and PA 2021-39/CUP 2021-15/CDR 2021-19 PC:

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Lake Elsinore Municipal Code.

28. Green Measures. The application shall provide 10% voluntary green measures on the project, as stipulated by the 2022 California Green Building Standards.

29. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trach enclosure tot lots and picnic areas.

30. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies. Please contact Sonia Salazar at [email protected] or 951-674-3124 X 277.

31. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees.

32. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work.

33. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits.

34. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance.

35. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.

At Plan Review Submittal

36. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the Section

5.507, of the 202241 edition of the California Building Code.

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c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer.

Prior to Issuance of Grading Permit(s)

37. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval.

38. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Asbestos report and lead base paint reports are required before demo permit will be issued.

Prior to Issuance of Building Permit(s)

39. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division.

Prior to Beginning of Construction

40. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.

ENGINEERING DEPARTMENT

GENERAL

41. All new submittals for plan check or permit shall be made using the City’s online Citizen Self-Service Portal (CSSP).

42. All plans (Street, Storm Drain, Improvement, Grading) shall be prepared by a Registered Civil Engineer using the City’s standard title block.

43. All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer.

44. All slopes and landscaping within the public right-of-way shall be maintained by the property owner, owner’s association, firms contracted by the property owner’s association, or another maintenance entity approved by the City Council.

45. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by the property owner or property owner’s association.

46. 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 both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy.

47. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient PA 2021-39/CUP 2021-15/CDR 2021-19 PC:

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containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer.

48. The site will accommodate all construction activity, building activity, vehicles, etc. No staging on public streets, or private property belonging to others shall be conducted without the written permission of the property owner.

49. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) as identified by the City shall be implemented.

FEES

50. Applicant shall pay all applicable permit application and Engineering Department assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full.

51. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Mitigation and Development Impact Fees include without limitation:
• Master Plan of Drainage Fee – Due prior to Grading Permit issuance • Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance • Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy • Stephens’ Kangaroo Habitat Fee (K-Rat) – Due prior to Grading Permit issuance

LAND DIVISION-DEDICATION

52. Project is required to dedicate additional easement for roadway and utilities purposes to provide 60' half-width along the property frontage on Mission Trail.

STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design

53. The project is responsible for complying with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity.

54. The 2010 SAR MS4 Permit requires evaluation of the site for implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project (Section XXII.E.2, XII.E3, and XII.E.7).

55. A Final Water Quality Management Plan (WQMP) shall be prepared using the Santa Ana Region of Riverside County Guidance Document and approved template and submitted for review and approval to the City.
• The Final WQMP shall be approved by the City prior to rough grading plan approval, or issuance of any permit for construction, whichever is first.

56. The Final WQMP shall document the following:
• Detailed site and project description.
• Potential stormwater pollutants.

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• Post-development drainage characteristics.
• Low Impact Development (LID) BMP selection and analysis. • Structural and non-structural source control BMPs.
• Treatment Control BMPs.
• Site design and drainage plan (BMP Exhibit).
• Documentation of how vector issues are addressed in the BMP design, operation and maintenance.
• GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.
• HCOC – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year and 24-hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre- and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. (Note the facilities may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events). • Operations and Maintenance (O&M) Plan and Agreement (using City approved form and/or CC&Rs) as well as documentation of formation of funding district for long term maintenance costs.
• The grading and/or improvement plan shall include a table listing each stormwater facility, and the plan sheet where it appears.

57. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff.

58. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape.

59. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained.

60. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department.

61. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker.

62. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4.

63. The project site shall implement full trash capture methods/devices approved by the Region Water Quality Control Board.

64. All restaurants and commercial food handling facilities must provide an area for the washing/steam cleaning of equipment and accessories. The area must be self-contained, equipped with a grease trap, and properly connected to a sanitary sewer. If the wash area is located outdoors, it must be covered, paved have secondary containment, and be connected to the sanitary sewer or other appropriately permitted disposal facility. Plan PA 2021-39/CUP 2021-15/CDR 2021-19 PC:

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Requirements: The Owner/Applicant shall incorporate these food facility requirements into project design and depict on plans, including detail plans as needed.

Construction

65. Erosion & Sediment Control – All Projects – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan shall be incorporated into the SWPPP, kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request.

Post-Construction

66. 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 the project has compiled with all non-structural BMPs described in the project’s WQMP.
• Provide signed, notarized certification from the Engineer of Work that the structural BMPs identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational.
• Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R.
• The O&M Plan and Agreement and/or CC&R’s shall: (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used. • Provide documentation of annexation into a CFD for funding facilities to be maintained by the City.
• Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. • Provide the City with a digital .pdf copy of the Final WQMP.

UTILITIES

67. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the applicant, property owner, and/or his agent.

Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64).

68. Applicant shall apply for, obtain and submit to the City Engineering Department a letter from PA 2021-39/CUP 2021-15/CDR 2021-19 PC:

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Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance of Grading Permit.

69. Submit a “Will Serve” letter to the City Engineering Department 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, volume, etc. Will Serve letters shall be provided prior to issuance of Grading Permit.

IMPROVEMENTS

70. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. All public storm drain improvements shall be constructed as part of the first phase of the project.

71. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and on-site drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.

The drainage system shall be designed to ensure that runoff from a 10-year storm of 6-hour and 24-hour duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration shall be analyzed to determine the detention

72. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility.

73. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area.

74. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3).

75. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter.

PERMITTING/CONSTRUCTION

76. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The applicant shall submit the permit application, required fees and executed agreements, security and other required documentation prior to issuance.

77. All compaction reports, grade certification, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved.

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PRIOR TO GRADING PERMIT
Design

78. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on site. The plan shall include separate sheets for erosion control, haul route and traffic control.

The grading plan submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual.

79. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern.

80. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance.

81. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer.

82. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. The location of faults, active or inactive shall be shown on the plan sets.

83. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners.

84. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.

85. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer.

Permit/Construction

86. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance.

87. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required.

88. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity.

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89. Prior to commencement of grading operations, applicant is to provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC 15.72.065).

90. Import/Export sites located within the Lake Elsinore City limits must have an active grading permit.

91. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, the applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to approval of the City Engineer.

92. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City.

93. Review and approval of the project sediment and erosion control plan shall be completed.

94. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading or building permit.

95. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with any and all required environmental mitigation triggered by the proposed grading activity.

96. PRIOR TO BUILDING PERMIT

97. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit.

PRIOR TO OCCUPANCY / FINAL APPROVAL

98. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer.

99. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
100. Applicant shall provide a digital copy of the recorded Covenants, Conditions and Restrictions (CC&Rs) to the Engineering Department.
101. As-built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format.
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applicant shall pay full cost of restoring public roads to the baseline condition. 103. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted in .tif format on a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled.
104. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
105. Applicant shall submit documentation pursuant to City’s Security Release handout.

CITY OF LAKE ELSINORE FIRE MARSHAL
106. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. 107. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1
108. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01

DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
109. Prior to Building Permit issuance, the applicant shall annex into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation to fund the on-going operation and maintenance of the public rightof-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, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.

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I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the Planning Commission of the City of Lake Elsinore on __________ . I also acknowledge that all Conditions shall be met as indicated.

Date:

Applicant’s Signature:

Print Name:

Address:

Phone Number:

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Planning Application No. 2021-39
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Planning Application No. 2021-39
APN: 365-040-024

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MISSION TRAIL
N 18°56'51" W 1597.86' N 18°56'51" W 723.26' DO NOT ENTERSTOP PROP.

DUTCH BROS
950 SF
1192.38 FFE
1191.71 PAD

MISSION TRAIL
A
A
B B
c c

DO NOT ENTERSTOP MISSION TRAIL
PROP.

DUTCH BROS
950 SF
1192.38 FFE
1191.71 PAD

DO NOT ENTERSTOP MISSION TRAIL
PROP.

DUTCH BROS
950 SF
1192.38 FFE
1191.71 PAD
N 18°56'51" W 1597.86' N 18°56'51" W 723.26' DO NOT ENTERSTOP PROP.

DUTCH BROS
950 SF
1192.38 FFE MISSION TRAIL
1191.71 PAD
3'-8 1/2" 1 3/4" 1 3/4"
4'-0" 4'-0" ROUGH OPENING: 48-3/8"(W) x 48-3/8"(H)
2 1/2" 3'-5"
4'-0" 4 1/2" 4'-0" 1 3/4" 3'-8 1/2" 1 3/4"
4 1/2" WINDOW TYPE SCHEDULE
A
6'-0"
8'-10" 4'-0"
4'-0" 1'-8"
5'-8"
8'-10" 2'-9" 2'-9" 8'-11"
B 2'-9"
3'-2"
C
2'-10"
5'-8"
8'-10" 2'-2" 5'-0"
3'-6" 1'-8" 10'-0"3'-2" 2'-2"
4 DRIVE-THRU WINDOW DETAIL SCALE: 1/2" = 1'-0" FIXED U-FACTOR = U-0.38 OPERABLE U-FACTOR = U-0.48 DOOR FRAME TYPE SCHEDULE NOTES:
2 DOOR TYPE SCHEDULE NOTES:
1 12 REFERENCE DOOR SCHEDULE FOR SIZES AND MATERIALS (TYP.) DOOR HARDWARE, CLOSERS, KICKPLATES, PANIC HARDWARE AND THRESHOLDS SHALL BE LOCATED AND INSTALLED PER ADA AND LOCAL REQUIREMENTS.1 REFERENCE DOOR SCHEDULE FOR SIZES AND MATERIALS (TYP.) NEW FULL HEIGHT INTERIOR PARTITION NEW EXTERIOR WALL CONSTRUCTION NEW PRE-FAB WALK-IN COOLER SCALE: 1/4" = 1'-0" 1 FLOOR PLAN GENERAL NOTES: 1. ALL DIMENSIONS TO FACE OF STUD UNLESS OTHERWISE NOTED. 2. G.C. TO VERIFY ALL DIMENSIONS IN THE FIELD BEFORE COMMENCING CONSTRUCTION. 3. ALL INTERIOR FINISHES SHALL COMPLY WITH SECTION 803. INTERIOR FINISH MATERIALS APPLIED TO WALL AND CEILINGS SHALL BE TESTED AS SPECIFIED IN SECTION 803. FLAME SPREAD RATINGS: WALL TILE - CLASS A - <25 WALL PAINT - CLASS A - <5 PLASTIC LAMINATE - CLASS A - <25 FRP PANELS - CLASS A - <25 STAINLESS STEEL CORNER GUARDS - CLASS A - <25 CEILING TILE - CLASS A - <25 4. FIRE BLOCKING MUST BE PROVED IN ACCORDANCE WITH SECTION 718.2 AT THE FOLLOWING LOCATIONS: a. IN CONCEALED SPACES OF STUD WALLS AND PARTITIONS, INCLUDING FURRED SPACES, AT THE CEILING AND FLOOR LEVELS. b. IN CONCEALED SPACES OF STUD WALLS AND PARTITIONS, INCLUDING FURRED SPACES, AT 10-FOOR INTERVALS ALONG THE LENGTH OF THE WALL. c. AT THE INTERCONNECTIONS BETWEEN CONCEALED VERTICAL AND HORIZONTAL SPACES SUCH AS OCCUR AT SOFFITS, DROP CEILINGS AND COVE CEILINGS. d. IN CONCEALED SPACES BETWEEN STAIR STRINGERS AT THE TOP AND BOTTOM OF THE RUN AND BETWEEN STUDS ALONG AND IN LINE WITH THE RUN OF STAIRS IF THE WALL UNDER STAIRS IS UNFINISHED. e. IN OPENINGS AROUND VENTS, PIPES, DUCTS, CHIMNEYS, FIREPLACES AND SIMILAR OPENINGS WHICH AFFORD A PASSAGE FOR FIRE AT CEILINGS AND FLOOR LEVELS, WITH NONCOMBUSTIBLE MATERIALS. PARTITION KEY NOTE: HAND-ACTIVATED DOOR-OPENING HARDWARE SHALL BE LOCATED 30 MIN. AND 44 MAX. INCHES ABOVE THE FLOOR. LATCHING AND LOCKING DOORS THAT ARE HAND-ACTIVATED AND WHICH ARE IN A PATH OF TRAVEL SHALL BE OPERABLE WITH A SINGLE EFFORT BY LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL ACTIVATING BARS, OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE WITHOUT REQUIRING THE ABILITY TO GRASP THE OPENING HARDWARE. 0' 2' 4' DOOR NOTES 1. THIS PLAN IS ISSUED SO THAT THE CONTRACTOR CAN MAINTAIN FULL COMPLIANCE WITH THE INTERNATIONAL BUILDING CODE FOR WHEELCHAIR MANEUVERABILITY AT DOORS. THIS DETAIL INDICATES PARTIAL REQUIREMENTS OF THE CODE. IT IS ADVISED THAT THE CONTRACTOR OBTAIN A COMPLETE COPY OF THESE CODES FOR REFERENCE. 2. THE DIMENSIONS SHOWN ARE CRITICAL FOR COMPLIANCE WITH THE CODES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO INSURE PROPER CLEARANCES FOR WHEELCHAIR MANEUVERABILITY. IF CONFLICTS OCCUR, BRING TO DESIGNERS ATTENTION IMMEDIATELY. 3. FOR FULL SWING DOORS A MINIMUM 2'-10" WIDE DOOR IS REQUIRED FOR CLEARANCE. FOR 90° SWING DOORS A MINIMUM 3'-0" WIDE DOOR IS REQUIRED FOR CLEARANCE. 4. IN ORDER TO ACHIEVE THE REQUIRED 12" OR 18" MINIMUM CLEARANCES AT DOOR AND A MINIMUM PASSAGE WIDTH, THE DOOR FRAME AT HINGE SIDE MAY HAVE TO BE AGAINST THE ADJACENT WALL. 5. THE MAXIMUM EFFORT FOR BOTH INTERIOR AND EXTERIOR DOORS IS 5 LBS. CLOSING SPEED IS 5 SEC MIN. FROM 90° TO 12°. 6. 1/2" MAXIMUM HIGH THRESHOLD (ABOVE FLOOR AND LANDING ON BOTH SIDES) AT BUILDING ENTRANCES AND ALL DOORS. 7. DOOR HARDWARE AT ALL EXIT DOORS TO ALLOW DOORS TO BE OPENED FROM THE INSIDE WITHOUT KEY, SPECIAL KNOWLEDGE OR EFFORT PER APPROPRIATE CODE. 8. SIGNAGE FOR ONLY MAIN ENTRY DOORS ALLOWED TO HAVE KEY LOCKING DEVICES TO STATE, "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED" 9. 10" HIGH KICK PLATE AT BOTTOM OF GLAZED AND STOREFRONT DOORS. 10. ALL DOORS EQUIPPED WITH SINGLE-EFFORT, NON-GRASPING TYPE HARDWARE BETWEEN 34" MIN. AND 44" MAX. ABOVE THE FINISHED FLOOR. 11. WIDTH OF DOORS TO BE A MINIMUM OF 36" TO PROVIDE REQUIRED 32" NET CLEARANCE WIDTH BETWEEN THE FACE OF THE DOOR AND THE JAMB. 12. ALL DOORS TO BE KEYED ALIKE; GC TO PROVIDE A TOTAL OF 4 KEYS. 3 SCALE: 1/2" = 1'-0" TYPICAL DOOR PLAN FOR WHEELCHAIR ACCESS HARDWARE GROUPS: GROUP 1: 1 EA. HINGES PIANO HINGES - CONTINUOUS 1 EA. TRILOGY T2 SERIES EXIT TRIM ETDL27 ALARM LOCK ALL METAL 12 BUTTON KEYPAD, WATERPROOF VERSION WITH US26D FINISH 1 EA. THRESHOLD PEMKO 2716A 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR SEAL PS074, BLACK 1 EA. FLOOR STOP 1 EA. DOOR CLOSER SARGENT 1431 RUO EN 1 EA. PANIC PUSH HARDWARE 1 EA. 40"x30" KICK PLATE, INTERIOR, HAGER 190S FINISH: US32D GROUP 2: 1 EA. HINGES PIANO HINGES - CONTINUOUS 1 EA. TRILOGY T2 SERIES EXIT TRIM ETDL27 ALARM LOCK ALL METAL 12 BUTTON KEYPAD, WATERPROOF VERSION WITH US26D FINISH 1 EA. THRESHOLD PEMKO 2716A 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR SEAL PS074, BLACK 1 EA. FLOOR STOP 1 EA. DOOR CLOSER SARGENT 1431 RUO EN 1 EA. PANIC PUSH HARDWARE 1 EA. 34"x30" KICK PLATE, INTERIOR, HAGER 190S FINISH: US32D GROUP 3: 3 EA. HINGES MCKINNEY T2714 4.5X4.5 NRP, FINISH 652 1 EA. DEADBOLT SCHLAGE B571 INDICATOR, 626 SATIN FINISH 1 EA. PUSH PLATE, 626 SATIN FINISH 1 EA. HANDLE PULL, 626 SATIN FINISH 1 EA. DOOR CLOSER SARGENT 1431 RUO EN 1 EA. 34"X12" KICK PLATE, HAGER 190S FINISH: US32D GROUP 4: 3 EA. HINGES MCKINNEY T2714 4.5X4.5 NRP, FINISH 652 1 EA. LOCKSET SCHLAGE L9453 ENTRANCE LOCK SCHLAGE 06 STANDARD HANDLE SATIN FINISH FULL FACE, ESCUTCHLE0N L583-363 EZ TURN 1 EA. FLUSH BOLT IVES FB31P 1 EA. LATCH GUARD, STAINLESS STEEL, 7" 1 EA. THRESHOLD PEMKO 175A-72 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR SEAL PS074, BLACK 1 EA. KICK DOWN IVES FS555 5" BLACK PAINTED GROUP 5: 3 EA. HINGES MCKINNEY T2714 4.5 X 4.5 NRP, US26D FINISH 1 EA. LOCKSET SCHLAGE L9453 ENTRANCE LOCK SCHLAGE 06 STANDARD HANDLE SATIN FINISH FULL FACE, ESCUTCHLE0N L583-363 EZ TURN 1 EA. THRESHOLD PEMKO 175A-72 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR VENT 24"x12" MIN. 1 EA. KICK DOWN IVES FS555 5" BLK FINISH GROUP 6: 2 EA. HINGES MCKINNEY T2714 4.5 X 4.5 NRP, US26D FINISH 1 EA. SCHLAGE JD60630 SINGLE CYLINDER DEAD BOLT 1 EA. DOOR SEAL PS074, BLACK 2 NO T TO SCALE WALL ASSEMBLY TYPES
C
D 2X6 STUDS @ 16" O.C. 1/2" PLYWOOD, BOTH SIDES SMOOTH FRP PANEL, BOTH SIDES 2X4 STUDS @ 16" O.C. 1/2" PLYWOOD, ONE SIDE SMOOTH FRP PANEL, ONE SIDE A 2X6 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL, BOTH SIDES SMOOTH FRP PANEL, INTERIOR WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS B 2X4 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL, BOTH SIDES WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS E BATT INSULATION BATT INSULATION 2X4 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS R-13 SOUND BATT INSULATION @ RR A1 2X6 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL, BOTH SIDES SMOOTH FRP PANEL, OVER 5/8" TYP 'X' GYP. BD. TO DECK AT INTERIOR 5/8" TYPE 'X' GYP. BD. TO CEILING AT ELEC. ROOM BATT INSULATION 1 HR RATED WALL. SEE WALL SECTION 2/A7.1 FOR ADDITIONAL INFO. F 1/2" PLYWOOD, BOTH SIDES 2X6 STUDS @ 16" O.C. 2X4 STUDS @ 24" O.C. WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS SMOOTH FRP PANEL, ONE SIDE 2'-8" MIN. CLEAR FOR 90° SWING DOOR MIN. 3'-0" DOOR FOR 90° SWING DOOR 24" MIN. CLR. PULL SIDE 12" MIN CLR. PUSH SIDE 4'-8" MIN CLR. FOR DOOR ON PULL SIDE 4'-2" MIN CLR. FOR DOOR ON PUSH SIDE 2'-10" MIN. DOOR FOR FULL SWING DOOR FOR WALL LOCATION SEE PLAN PLAN NOTES 1. 36" Ø FOUNDATION SONO TUBE (OR SIM.) BLOCK OUT, TYP. 2. PROVIDE PLYWOOD SHEATHING ABOVE COOLER 3. PAINT DOOR AND FRAME PT-1, BOTH SIDES 4. LINE OF AWNING ABOVE 5. LINE OF FRAMED CANOPY ABOVE 6. G.C. TO INSTALL FF-2 UNDER ALL EQUIPMENT FOR EASY CLEANING, HATCHED AREAS TO RECEIVE SMOOTH TILE 7. PROVIDE 2X BLOCKING AT HAND SINK 8. G.C. TO INSTALL METAL FURRING CHANNELS & PLYWOOD AT KITCHEN SIDE OF SPANDREL GLASS WINDOW TO ALLOW FOR FLUSH INSTALLATION OF FINISHES AT KITCHEN AREA. 2" 2" 2" 2" 2"
2" 2"
2" 2" 2"
2" 2"
3 4 FINISH SCHEDULE ID TAG FINISH DESCRIPTION MANUFACTURER MODEL REMARKS FLOOR FF-1 FLOOR TILE -TEXTURED BEDROSIANS 6"x 6" DOTTI DIAMOND - ANTHRACITE R9 - MATTE PRODUCTION AREA FIELD TILE FF-2 FLOOR TILE - SMOOTH BEDROSIANS 6"x 6" DOTTI DIAMOND - ANTHRACITE R12 - MATTE INSTALLED UNDER COUNTERTOPS & EQUIPMENT; REFER TO NOTE PLAN NOTE 6 EPOXY GROUT LATICRETE IG 2000 IND. EPOXY GROUT #2 KIT BLACK JOB PACK STRECTRALOCK IG 2000 PART A/B EPOXY GROUT STECTRALOCK PART C COLOR PACKET PERMACOLOR GROUT BOND COAT LATICRETE 4-XLT GRAY CAULKING LATICRETE LATASIL CAULKING WATERPROOFING LATICRETE HYDRO BAN WATERPROOF/ANTIFRACTURE WALL WF-1 (FRP) FIBERGLASS REINFORCED PANEL MARLITE S 100G - 4'x 10' PANELS COLOR: WHITE; PROVIDE ALL NECESSARY TRIM PIECES WF-2 CDX 1/2" COLOR: OUTDOOR LATEX WHITE PAINT BASEBF-1 WALL BASE - COVE BEDROSIANS 4" x 8" SMOOTH COVE - ANTHRACITE SANITARY COVE CEILING CLG-1 VINYL FACED ACT USG SHEETROCK BRAND LAY-IN CEILING PANEL - 3260 FLAT WHITE; SMOOTH CLG-2 FRP OVER 1/2" CDX MARLITE S 100G - 4'x 10' PANELS COLOR: WHITE; PROVIDE ALL NECESSARY TRIM PIECES; PROVIDE ADHESIVE & PAN HEAD SCREWS AT 24" O.C., E.W. PAINT PT-1 DB LIGHT GRAY SHERWIN WILLIAMS 8656-12046 - BLDG DB LIGHT GRAY REFER TO S.W. PAINT SPECS PT-2 DB DARK GRAY SHERWIN WILLIAMS 8656-11295 - BLDG DB DARK GRAY REFER TO S.W. PAINT SPECS PT-3 DB BLUE SHERWIN WILLIAMS 8656-12045 - BLDG DB BLUE REFER TO S.W. PAINT SPECS PT-4 SHERWIN WILLIAMS SW-7006 - EXTRA WHIE SEMI GLOSS GUARDS CG CORNER GUARD AIS INDUSTRIES CUSTOM 120" LONG W/ 2" WINGS, DRILLED, 90° SHARP CORNER, BRUSHED FINISH WG WALL GUARD AIS INDUSTRIES CUSTOM 48" WIDE, WRAP FROM SERVICE WINDOW SILL TO TOP OF COVE BASE, BRUSHED FINSIH 2'-10" 3'-7" MAX. A.F.F. 3'-6" 6" 3'-0"
7'-0"
7'-0" 6" 2'-6" 7'-0"
7'-0" 3'-0"
7'-0" 3'-0"
3'-0" 2'-0" A.F.F. 3'-0"
7'-0"
2'-10" 3'-7" MAX. A.F.F. 5" 2'-2" 5" PUSH BAR @ INTERIOR 34"-48"

PER ADA DOOR SCHEDULE
# SIZE TYPE GLASS MATERIAL HARDWARE NOTES: WIDTH HEIGHT DR. FR. DR. FR. 01 3'-6" 7'-0" A 1 TEMP. HM HMD GROUP 1 A,B,C,D,E,F 02 3'-0" 7'-0" B 2 TEMP. HM HMD GROUP 2 A,B,C,D,E,F 03 3'-0" 7'-0" C 2 - HM HMD GROUP 3 B,D,F 04 7'-0" 7'-0" D 4 - HM HMD GROUP 4 B 05 3'-0" 7'-0" E 2 - HM HMD GROUP 5 B 06 3'-0" 3'-0" F 3 - HM HMD GROUP 6 B NOTES: HM: HOLLOW METAL, 16 GA. HMD: HOLLOW METAL WELDED & DIMPLED A ENSURE EMERGENCY HARDWARE IS IN WORKING CONDITION. B DOOR & FRAME SHALL BE PAINT GRADE & PAINTED DUTCH BROS DARK GRAY.

C DOOR TO HAVE SIGN POSTED ABOVE THAT STATES: "THIS DOOR TO REMAIN UNLOCKED WHILE BUILDING IS OCCUPIED." D CLOSER SHALL BE BOLTED THROUGH DOOR LEAF & ARM MOUNTED USING HEAD-JAMB MOUNT. E PROVIDE ADA COMPLIANT THRESHOLD SET IN SILICONE SEALANT.

F THE FORCE FOR PUSHING OR PULLING OPEN INTERIOR SWINGING EGRESS DOORS, OTHER THAN FIRE DOORS, SJHALL NOT EXCEED 5 LBS. THESE FORCES DO NOT APPLY TO THE FORCE REQUIRED TO RETRACT LATCH BOLTS OR DISENGAGE OTHER DEVICES THAT HOLD THE DOOR IN A CLOSED POSITION. FOR OTHER SWINGING DOORS, THE DOOR LATCH SHALL RELEASE WHEN SUBJECTED TO A 15 LB FORCE. THE DOOR SHALL BE SET IN MOTION WHEN SUBJECTED TO A 30 LB FORCE. THE DOOR SHALL SWING TO A FULL-OPEN POSITION WHEN SUJECTO TO A 15 LB FORCE PER IBC 1010.1.3 NOTES: - STOREFRONT WINDOW SYSTEMS SHALL HAVE A CLEAR ANODIZED ALUMINUM FACTORY FINISH - ALL GLAZING SHALL BE TEMPERED GLASS PER SPECS ON SHEET G2.3 A
B
C
D
E

F REFER TO FLOOR PLAN FOR SLIDE DIRECTION
B
A
A
C
CL
CL

CL C CL L CL
CL 1'-7"
CL
CL
CL CL
CL CL
CL 05
B
A
A
A
D
D
4 6 WG BF-1 FF-1
2 BF-1 FF-1 WF-1 BF-1 WF-2 CG
2 CG BF-1 FF-1 WF-1
3 BF-1 FF-1 WF-1 TYP. CG WG
3 4 CG 03 01 04 CG 02
1TYP.

A
A C
B
F
4 4
5 3
3 7
7 CL CL A2.0 FLOOR PLAN/ DETAILS/ SCHEDULES
“ “ ”
“ ” ” SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

N WALK-IN
COOLER

UNISEXRESTROOM

MECHANICALROOM

ELECTRICALROOM

KITCHEN/PREP
SCALE: 1/4" = 1'-0" 1 ROOF PLAN GENERAL NOTES: 1. COORDINATE WITH PLUMBING, MECHANICAL, AND ELECTRICAL DRAWINGS FOR LOCATION AND NUMBER OF OTHER ROOF PENETRATIONS (IE: VENT STACKS VENT PIPES, CONDUIT PENETRATIONS, ETC.). FLASH ALL PENETRATIONS WEATHER TIGHT. 2. SLOPE ALL CRICKETS AS SHOWN AT A MINIMUM SLOPE OF 1/4" PER FOOT FROM HORIZ. PLANE, UNLESS NOTED OTHERWISE 3. PROVIDE BUILT-UP TAPERED INSULATION ROOF CRICKETS AT ALL CURB LOCATIONS TO ALLOW POSITIVE DRAINAGE AND PREVENT PONDING. 4. ALL METAL ROOF FLASHING DETAILS SHALL BE PER SMACNA AND MANUFACTURERS RECOMMENDATIONS AND REVIEWED BY THE ARCHITECT FOR DESIGN INTENT. 5. PROVIDE ROOF INSULATION SYSTEM BELOW ROOFING MEMBRANE, PER THE ROOFING ASSEMBLIES SPECIFIED IN DIVISION 07 SECTIONS "THERMOPLASTIC POLYOLEFIN ROOFING" AND "APPLIED FIREPROOFING". 6. PROVIDE SUPPLEMENTAL INSULATION OVERBUILDS WHERE INDICATED FOR ROOF SLOPE CONTINUATION. SCALE:
3" = 1'-0"
3 TYPICAL 4" ROOF DRAIN & OVERFLOW SCALE:
3" = 1'-0" 11 SINGLE PLY SYSTEM ASSEMBLY SCALE:
3" = 1'-0" 12 TYPICAL ROOF TO PARAPET SCALE:
3" = 1'-0" 13 SELF-FLASHING CURB SCALE:
3" = 1'-0" CURB DETAIL
4 SCALE:
3" = 1'-0"
5 SCALE:
3" = 1'-0" ROOF ACCESS HATCH
6 SCALE:
3" = 1'-0" MECHANICAL UNIT SLEEPER
7 SCALE:
3" = 1'-0" PARAPET CAP W/ CONT. CLEAT
8 SCALE: 3" = 1'-0" TWO-WAY AIR VENT
9 ROOF OVERFLOW SCALE: 1 1/2" = 1'-0" 10 SINGLE-PLY MEMBRANE, MUST EXTEND BEYOND THE INSIDE OF THE CLAMPING RING. THE HOLE IN THE MEMBRANE MUST BE LARGER THAN THE DRAIN PIPE DIAMETER. CLAMPING RING MANUFACTURER APPROVED SEALANT (1/2 TUBE MIN.) FERNCO FITTING DRAIN BODY CLAMPING BOLT FILLER (MINIMAL EXPANDING SPRAY FOAM OR SIMILAR) ROOF SHEATHING, PER STRUCTURAL 1/4" DENSDECK PRIME ROOF BOARD 2" HIGH WATER DAM COLLAR AT OVERFLOW DRAIN, AS OCCURS 8" MIN. CUSTOM-FABRICATED CURB FLASHING MANUFACTURER APPROVED PLATES/ FASTENERS 1 1/4" ROOFING NAILS, SPACED 6" O.C. RECTANGULAR PENETRATION FIELD WELD, MIN. 1 1/2" WIDE. ROOF SHEATHING, PER STRUCTURAL 1/4" DENSDECK PRIME ROOF BOARD SINGLE-PLY MEMBRANES MANUFACTURER APPROVED SEALANT (1/2 TUBE MIN.) CUSTOM-FABRICATED STACK FLASHING FIELD WELD, MIN. 1 1/2" WIDE. 2" MIN. ONE PAIR OF COMPOSITE DRAIN RINGS (CDR) PLACED AT THE BOTTOM OF THE STACK FLASHING APPROVED FASTENERS, MIN. ONE PER DRAIN ROOF SHEATHING, PER STRUCTURAL 1/4" DENSDECK PRIME ROOF BOARD FIELD WELD, MIN. 1 1/2" WIDE. TWO-WAY AIR VENT ROOF SHEATHING, PER STRUCTURAL SINGLE PLY ROOFING MEMBRANE 1/4" DENSDECK PRIME ROOF BOARD COPING CAP, WITH HEXHEAD SCREWS AND NEOPRENE WASHER AT 24" O.C., MAX. DBL. TOP PLATE, PER PLAN 1 1/4" ROOFING NAILS, SPACED 12" O.C., MAX. METAL CLEAT SHEATHING, PER PLAN SINGLE PLY ROOFING MEMBRANE, PER PLAN SINGLE-PLY MEMBRANE CURB FLASHING MANUFACTURER APPROVED PLATES/ FASTENERS ROOF HATCH, PER PLAN FIELD WELD, MIN. 1 1/2" WIDE. ROOF SHEATHING, PER STRUCTURAL 1/4" DENSDECK PRIME ROOF BOARD FIELD WELD, MIN. 1 1/2" WIDE. CUSTOM-FABRICATED CURB FLASHING ROOF WALKWAY PAD CAULKING, BY MANUFACTURER MECHANICAL UNIT, PER PLAN; ATTACH MECH. UNIT TO SLEEPER PER MANUFACTURER'S INSTRUCTIONS. MANUFACTURER APPROVED SEALANT ROOF SHEATHING, PER STRUCTURAL 1/4" DENSDECK PRIME ROOF BOARD 4" MIN. MECHANICAL LINES MANUFACTURER APPROVED CAULK, WATER MUST NOT BE ALLOWED TO POND W/IN PITCH PAN. 1/2" MIN.

FIELD WELD, MIN. 1 1/2" WIDE. FILLER (MINIMAL EXPANDING SPRAY FOAM OR SIMILAR) VINYL-COATED METAL PITCH PAN W/ SINGLE-PLY MEMBRANE SKIRT ENSURE APPROVED SEALANT IS LEVEL W/ TOP OF CURB AND COVER W/ APPROVED CAULK, SLOPE TO OUTSIDE OF PITCH PAN. ROOF SHEATHING, PER STRUCTURAL 1/4" DENSDECK PRIME ROOF BOARD CONTINUOUS APPROVED TERMINATION BAR SINGLE-PLY MEMBRANE FLASHING 4" MIN. LAP OVER SEAM PLATE. FASTENER @ 12" O.C.

GASKETED FASTENER @ 12" O.C. MAX 4" CONTINUOUS BEAD OF SEALANT RTU INSULATED METAL CURB SINGLE-PLY ROOFING, MECHANICALLY ATTACHED, OVER 1/2" DENSDECK OVER ROOF SHEATHING PER STRUCTURAL WELDED SPLICE SINGLE-PLY ROOFING, MECHANICALLY ATTACHED, OVER 1/2" DENSDECK OVER ROOF SHEATHING PER STRUCTURAL EXTERIOR SHEATHING PER STRUCTURAL FULLY ADHERE SINGLE-PLY MEMBRANE TO SHEATHING 4" MIN. LAP OVER SEAM PLATE. FASTENER @ 12" O.C. 2X WOOD FRAMING 4" LAP & SEAL SINGLE-PLY ROOFING MEMBRANE OVER SEAM PLATE WELDED SPLICE 8" MAX 4" CANT STRIP 4" MIN. LAP OVER SEAM PLATE SINGLE-PLY ROOFING OVER 1/2" DENSDECK FASTENERS @ 12" O.C. PRE-ENGINEERED TAPERED TRUSS ROOF SHEATHING PER STRUCTURAL 4" ALTERNATE CURB: FLEXI FOOT 250 SCALE:
3" = 1'-0"
2 AWNING DETAIL ROOFING MATERIAL: DURO-LAST INC. DURO-LAST - 50 MIL - WHITE NOTE: ROOF PARAPET IS GREATER THAN 42" ABOVE ROOF LEVEL; NO FALL PROTECTION REQUIRED ND MECHANICAL EQUIPMENT SCREENED BY PARAPET 3/16" 3/16" TYP 1/8" TYP 1-6 1/8" B.O. CANOPY +10'-6" A.F.F. 0.090" ALUMINUM SHEET DECK BEYOND - WELD TO EA ANGLE TRUSS BRG PER PLAN T.O. PARAPET PER ARCH 2'-6" (SMALL AWNING) 4'-0" (LARGE AWNING) 1'-6 1/8" (VERIFY W/
ARCH PLANS) PARAPET FRAMING 6x8 BLKG w/ HGA10 EA END OF BLG AT BOTTOM ONLY (@ CONDITION WHERE BLKG THRUSS OCCURS DRILL LAG SCREW THROUGH BLKG TRUSS AND INSTALL 4x8 BLKG w/ HUC48 HGR EA END) HGA10 EA END OF BLG AT BOTTOM ONLY VERIFY SLOP DIRECTION WITH PLANS WOOD STUD WALL REFER TO PLAN; PROVIDE DOUBLE STUD EACH END OF BLOCKING 6X8 BLOCKING SIMPSON A35 EACH ENC OF BLOCKING TOP & BOTTOM A35 CLIPS AT EACH STUD HDR PER PLAN (WHERE OCCURS) WALL SHEATHING PER PLANS 3/8"Ø X 7" LAG BOLT AT TOP ONLY INSTALL THRU BOLT DBL TOP PL INTO BLKG (3" MIN FROM EACH END OF BLKG) ALUMINUM PL 6" X 6" X 3/8" W/ (4) 3/8"Ø X 7" LAG BOLTS W/ 2-1/2" MIN EDGE DISTANCE TO ALL SIDES OF BLKG 5/8"Ø STAINLESS STEEL ROD @ 48" OC MAX #2 STAINLESS STEEL CLEVIS W/ 5/8"Ø BOLT EACH END (PER MANUFACTURER) 3/8" ALUMINUM CLEVIS PLATE L2X2X3/16 ALUMINUM CONT ANGLE SHOP WELD TO CHANNEL FOR DECK EDGE SUPPORT (VERIFY W/ MANUFACTURER) AACS6 X 2.83 ALUMINUM CHANNEL (FRONT & SIDES) BUILDING PARAPET 2 ROOF MOUNTED HVAC EQUPMENT; COORD. W/MECHANICAL 1 4" PER 1'-0"
1 4" PER 1'-0" CRICKET ROOF MOUNTED ICE MACHINE CONDENSING UNIT, COORD. WITH MECHANICAL; INSTALLED ON SLEEPERS. ROOF MOUNTED WALK-IN COOLER CONDENSING UNIT, COORD. WITH MECHANICAL; INSTALLED ON SLEEPERS. METAL AWNING BELOW METAL AWNING BELOW 1 4" PER 1'-0" 36"x30" ROOF ACCESS HATCH EQ31 BUILDING PARAPET 1 BUILDING PARAPET 2 PARAPET 3 ROOF DRAIN, WITH OVERFLOW; DRAIN & DAYLIGHT ONTO PARAPET 2 ROOF. DAYLIGHT OVERFLOW 18" ABOVE GRADE. PARAPET 2 ROOF DRAIN WITH OVERFLOW; CONNECT PARAPET 2 ROOF DRAIN TO STORM SEWER OR DAYLIGHT THROUGH FACE OF CURB AT DRIVE AISE W/ MIN. 3" PVC, UNDER SLAB. DAYLIGHT OVERFLOW 18" ABOVE GRADE. 1 4" PER 1'-0"
2 A4.0
2 A4.0
2 A4.0 13 A4.0 13 A4.0 36"x36" KEYED ACCESS, BY G.C. AWNING DRAIN TO DOWNSPOUTS; CONNECT TO STORM SEWER OR DAYLIGHT TO FACE OF CURB AT DRIVE AISLE W/ MIN. 3" PVC UNDER SLAB. AWNING DRAIN TO DOWNSPOUTS; CONNECT TO STORM SEWER OR DAYLIGHT TO FACE OF CURB AT DRIVE AISLE AWNING DRAIN TO DOWNSPOUTS; CONNECT TO STORM SEWER OR DAYLIGHT TO FACE OF CURB OR TO LANDSCAPE W/ MIN. 3" PVC UNDER SLAB. PARAPET 1 ROOF DRAIN WITH OVERFLOW; CONNECT TO PARAPET 2 DRAIN. DAYLIGHT OVERFLOW 18" ABOVE GRADE 3'-2" 1'-0" CRICKET 7A4.0
8 A4.0
8 A4.0
6 A4.0
6A4.0
6A4.0
6 A4.0
5 A8.0
5 A8.0 14 A8.0 14 A8.0 14 A8.0 14 A8.0 10 A8.0 FRAMED CANOPY BELOW 1 4" PER 1'-0"
1 4" PER 1'-0"
1/2"
PER 1'-0"
1/4" 06
PER 1'-0"
1 4" PER 1'-0" METAL AWNING BELOW
2 A4.0 AWNING DRAIN TO DOWNSPOUTS; CONNECT TO STORM SEWER OR DAYLIGHT TO FACE OF CURB OR TO LANDSCAPE W/ MIN. 3" PVC UNDER SLAB. RTU - 1 700 # RTU - 2 700 # CONDENSER 300# CONDENSER 210# CONDENSER 300# 3" ROOF DRAIN & OVERLFLOW; CONNECT TO STORM SEWER OR DAYLIGHT TO FACE OF CURB OR DAYLIGHT TO LANDSCAPE W/ MIN. 3" PVC UNDER SLAB. CANOPY ROOF OVERFLOW DAYLIGHT 1" PROUD OF SOFFIT MATERIAL LINE OF COLUMN BELOW A4.0 ROOF PLAN/ ROOF DETAILS “ “ ”
“ ” ” SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA4807
Dutch Bros Coffee - New Freestanding Store
DB2550-A1
32250 MISSION TRAIL
LAKE ELSINORE, CA 92530
APN: 365-040-024
cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 02/25/2022 SCALE: 1/4" = 1'-0" REAR ELEVATION SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" 1 4 1 A7.0
2 A7.0
5 A7.0 T.O. SLAB T.O. PARAPET 3 T.O. PARAPET 1 T.O. SLAB T.O. SLAB B.O CANOPY & AWNING +10'-6" T.O. CANOPY PARAPET +12'-3" +20'-10 1/2" +24'-0" 5 SCALE: NOT TO SCALE +20'-10 1/2" +20'-10 1/2" T.O. PARAPET 2 +0'-0" +24'-0" B.O AWNING +10'-6" T.O. CAP +3'-2" +0'-0" T.O. PARAPET 3 T.O. PARAPET 2 +24'-0" T.O. PARAPET 2 +3'-2" T.O. PARAPET 3 T.O. PARAPET 2 T.O. CAP +3'-2" T.O. SLAB +10'-6" T.O. CANOPY PARAPET +12'-3" +10'-6" +20'-10 1/2" +24'-0" ELEVATION - WALK-UP WINDOW SCALE: 1/4" = 1'-0" 2 FRONT ELEVATION ELEVATION - DRIVE-THRU WINDOW
3 4 A7.0 T.O. PARAPET 3 T.O. CAP +0'-0" +0'-0" B.O CANOPY & AWNING B.O CANOPY & AWNING 3 A7.0 ROOF DRAIN PIPE DISCHARGE +12'-10 1/2" SCALE: NOT TO SCALE 6 OVERFLOW DRAIN PIPE DISCHARGE
1 A7.0
2 A7.0
3 A7.0 EXTERIOR FINISH SCHEDULE ID TAG MATERIAL MANUFACTURER MODEL REMARKS ZONE 1 (BODY) 1A METAL PANEL WESTERN STATES METAL ROOFING WESTERN WAVE, 24 ga. ORIENTATION: VERTICAL; COLOR: BLDG DB DARK GRAY 1B METAL PANEL WESTERN STATES METAL ROOFING WESTERN WAVE, 24 ga. ORIENTATION: VERTICAL COLOR: BLDG DB LIGHT GRAY ZONE 2 (TOWER) 2 METAL PANEL WESTERN STATES METAL ROOFING WESTERN WAVE, 24 ga. ORIENTATION: HORIZONTAL; COLOR: BLDG DB BLUE ZONE 3 (BASE & COLUMNS) 3 STONE VENEER ELDORADO STONE CLIFFSTONE; BANFF SPRINGS STONE VENEER SILL ELDORADO STONE SNAPPED EDGE WAINSCOT SILL; PEWTER ZONE 4 (FRAMED CANOPY) 4 FASCIA WESTERN STATES METAL ROOFING METAL FASCIA COLOR TO MATCH DUTCH BROS DARK GRAY5 SOFFIT HEWN ELEMENTS NATURAL NORTHWESTERN SPRUCE 1X6, T&G, 1 8" REVEAL
6 COLUMNS ELDORADO STONE CLIFFSTONE; BANFF SPRINGS
NOTE: PROVIDE 3"X2" SMOOTH DOWNSPOUTS AND ALL NECESSARY ADAPTORS AT AWNING AND CANOPY LOCATIONS; DOWNSPOUT COLOR TO MATCH BODY MATERIAL PER ELEVATION 3 A8.0
2 A8.0
8 A8.0
7A8.0 1B 1A 8 A8.0
7A8.0
3 A8.0
2 A8.0
8 A8.0
7A8.0 1A 1B
8A8.0
7A8.0
8 A8.0
7A8.0
3 A8.0
2 A8.0 XXXX 12 A8.0
8 A8.0
7 A8.0
3 A8.0
2 A8.0 12'-0" 11'-6" +5 1
2" FURROUT T.O. PARAPET 1 +12'-10 1/2" T.O. PARAPET 1 +12'-10 1/2" T.O. CANOPY PARAPET +12'-3" INSIDE CORNER TYP. TRANSITION 6" STEEL PIPE BOLLARD W/ PLASTIC SLEEVE PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH1B HORIZONTAL RIBBED SIDING SYSTEM 2 VERTICAL RIBBED SIDING SYSTEM1B LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS HORIZONTAL RIBBED SIDING SYSTEM 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH1B STONE VENEER 3 STAINLESS STEEL SERVICE TRAY 6" STEEL PIPE BOLLARD W/ PLASTIC SLEEVES PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH1B PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A VERTICAL RIBBED SIDING SYSTEM 1B VERTICAL METAL SIDING SYSTEM1A INSIDE CORNER TRANSITION ROOF OVERFLOW DOWNSPOUTS LED MENU BOARD EQ21 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTSPRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 VERTICAL METAL SIDING SYSTEM 1A VERTICAL RIBBED SIDING SYSTEM 1B PRE-FINISHED PARAPET CAP FLASHING,COLOR TO MATCH 1A LED MENU BOARD EQ21 HORIZONTAL RIBBED SIDING SYSTEM 2 STONE VENEER
3 LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS 6" STEEL PIPE BOLLARD W/ PLASTIC SLEEVE HORIZONTAL RIBBED SIDING SYSTEM 2 STONE VENEER
3 VERTICAL RIBBED SIDING SYSTEM1A PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, UNDER SEPARATE PERMIT COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORDINATE WITH ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS METAL AWNING, SEE DETAIL 2/A4.0 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION METAL AWNING, SEE DETAIL 2/A4.0 FREEZE PROOF HOSE BIB, COORD. W/ PLUMING WALL MOUNTED LIGHT FIXTURE LOCK BOX KEY EQ34 OVERFLOW DOWNSPOUT, COORD. W/ PLUMBING. 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION METAL AWNING, SEE DETAIL 2/A4.0 ADDRESS NUMBERS: - 12" ARIAL FONT - 2" STROKE- SATIN ALUM. FINISH- VERIFY FINAL LOCATION METAL AWNING, SEE DETAIL 2/A4.0 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION LED MENU BOARD EQ21 +5 1 2" FURROUT CANOPY SOFFIT
5 CANOPY FASCIA
4 CANOPY COLUMNS
6 CANOPY SOFFIT
5 CANOPY FASCIA
4 CANOPY COLUMNS 6 CANOPY SOFFIT
5 CANOPY COLUMNS
6 CANOPY FASCIA
4 METAL AWNING, SEE DETAIL 2/A4.0 SCONCE LIGHTS, 8'-0" B.O. OF FIXTURES,TYP. METAL AWNING, SEE DETAIL 2/A4.0 SCONCE LIGHTS, 8'-0" B.O. OF FIXTURES,TYP. SCONCE LIGHTS, 8'-0" B.O. OF FIXTURES,TYP. A6.0 BUILDING ELEVATIONS “ “ ”
“ ” ” SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA4807
Dutch Bros Coffee - New Freestanding Store
DB2550-A1
32250 MISSION TRAIL
LAKE ELSINORE, CA 92530
APN: 365-040-024
cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 02/25/2022 SCALE: 1/4" = 1'-0" REAR ELEVATION SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" 1 4 1 A7.0
2 A7.0
5 A7.0 T.O. SLAB T.O. PARAPET 3 T.O. PARAPET 1 T.O. SLAB T.O. SLAB B.O CANOPY & AWNING +10'-6" T.O. CANOPY PARAPET +12'-3" +20'-10 1/2" +24'-0" 5 SCALE: NOT TO SCALE +20'-10 1/2" +20'-10 1/2" T.O. PARAPET 2 +0'-0" +24'-0" B.O AWNING +10'-6" T.O. CAP +3'-2" +0'-0" T.O. PARAPET 3 T.O. PARAPET 2 +24'-0" T.O. PARAPET 2 +3'-2" T.O. PARAPET 3 T.O. PARAPET 2 T.O. CAP +3'-2" T.O. SLAB +10'-6" T.O. CANOPY PARAPET +12'-3" +10'-6" +20'-10 1/2" +24'-0" ELEVATION - WALK-UP WINDOW SCALE: 1/4" = 1'-0" 2 FRONT ELEVATION ELEVATION - DRIVE-THRU WINDOW
3 4 A7.0 T.O. PARAPET 3 T.O. CAP +0'-0" +0'-0" B.O CANOPY & AWNING B.O CANOPY & AWNING 3 A7.0 ROOF DRAIN PIPE DISCHARGE +12'-10 1/2" SCALE: NOT TO SCALE 6 OVERFLOW DRAIN PIPE DISCHARGE
1 A7.0
2 A7.0
3 A7.0 EXTERIOR FINISH SCHEDULE ID TAG MATERIAL MANUFACTURER MODEL REMARKS ZONE 1 (BODY) 1A METAL PANEL WESTERN STATES METAL ROOFING WESTERN WAVE, 24 ga. ORIENTATION: VERTICAL; COLOR: BLDG DB DARK GRAY 1B METAL PANEL WESTERN STATES METAL ROOFING WESTERN WAVE, 24 ga. ORIENTATION: VERTICAL COLOR: BLDG DB LIGHT GRAY ZONE 2 (TOWER) 2 METAL PANEL WESTERN STATES METAL ROOFING WESTERN WAVE, 24 ga. ORIENTATION: HORIZONTAL; COLOR: BLDG DB BLUE ZONE 3 (BASE & COLUMNS) 3 STONE VENEER ELDORADO STONE CLIFFSTONE; BANFF SPRINGS STONE VENEER SILL ELDORADO STONE SNAPPED EDGE WAINSCOT SILL; PEWTER ZONE 4 (FRAMED CANOPY) 4 FASCIA WESTERN STATES METAL ROOFING METAL FASCIA COLOR TO MATCH DUTCH BROS DARK GRAY5 SOFFIT HEWN ELEMENTS NATURAL NORTHWESTERN SPRUCE 1X6, T&G, 1 8" REVEAL
6 COLUMNS ELDORADO STONE CLIFFSTONE; BANFF SPRINGS
NOTE: PROVIDE 3"X2" SMOOTH DOWNSPOUTS AND ALL NECESSARY ADAPTORS AT AWNING AND CANOPY LOCATIONS; DOWNSPOUT COLOR TO MATCH BODY MATERIAL PER ELEVATION 3 A8.0
2 A8.0
8 A8.0
7A8.0 1B 1A 8 A8.0
7A8.0
3 A8.0
2 A8.0
8 A8.0
7A8.0 1A 1B
8A8.0
7A8.0
8 A8.0
7A8.0
3 A8.0
2 A8.0 XXXX 12 A8.0
8 A8.0
7 A8.0
3 A8.0
2 A8.0 12'-0" 11'-6" +5 1
2" FURROUT T.O. PARAPET 1 +12'-10 1/2" T.O. PARAPET 1 +12'-10 1/2" T.O. CANOPY PARAPET +12'-3" INSIDE CORNER TYP. TRANSITION 6" STEEL PIPE BOLLARD W/ PLASTIC SLEEVE PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH1B HORIZONTAL RIBBED SIDING SYSTEM 2 VERTICAL RIBBED SIDING SYSTEM1B LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS HORIZONTAL RIBBED SIDING SYSTEM 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH1B STONE VENEER 3 STAINLESS STEEL SERVICE TRAY 6" STEEL PIPE BOLLARD W/ PLASTIC SLEEVES PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH1B PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A VERTICAL RIBBED SIDING SYSTEM 1B VERTICAL METAL SIDING SYSTEM1A INSIDE CORNER TRANSITION ROOF OVERFLOW DOWNSPOUTS LED MENU BOARD EQ21 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTSPRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 VERTICAL METAL SIDING SYSTEM 1A VERTICAL RIBBED SIDING SYSTEM 1B PRE-FINISHED PARAPET CAP FLASHING,COLOR TO MATCH 1A LED MENU BOARD EQ21 HORIZONTAL RIBBED SIDING SYSTEM 2 STONE VENEER
3 LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS 6" STEEL PIPE BOLLARD W/ PLASTIC SLEEVE HORIZONTAL RIBBED SIDING SYSTEM 2 STONE VENEER
3 VERTICAL RIBBED SIDING SYSTEM1A PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, UNDER SEPARATE PERMIT COORD. W/ ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 LIGHTED SIGN, INSTALLED BY SIGN CONTRACTOR, COORDINATE WITH ELECTRICAL J-BOX AND BLOCKING REQUIREMENTS METAL AWNING, SEE DETAIL 2/A4.0 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION METAL AWNING, SEE DETAIL 2/A4.0 FREEZE PROOF HOSE BIB, COORD. W/ PLUMING WALL MOUNTED LIGHT FIXTURE LOCK BOX KEY EQ34 OVERFLOW DOWNSPOUT, COORD. W/ PLUMBING. 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION METAL AWNING, SEE DETAIL 2/A4.0 ADDRESS NUMBERS: - 12" ARIAL FONT - 2" STROKE- SATIN ALUM. FINISH- VERIFY FINAL LOCATION METAL AWNING, SEE DETAIL 2/A4.0 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A4.0 FOR ADDITIONAL INFORMATION LED MENU BOARD EQ21 +5 1 2" FURROUT CANOPY SOFFIT
5 CANOPY FASCIA
4 CANOPY COLUMNS
6 CANOPY SOFFIT
5 CANOPY FASCIA
4 CANOPY COLUMNS 6 CANOPY SOFFIT
5 CANOPY COLUMNS
6 CANOPY FASCIA
4 METAL AWNING, SEE DETAIL 2/A4.0 SCONCE LIGHTS, 8'-0" B.O. OF FIXTURES,TYP. METAL AWNING, SEE DETAIL 2/A4.0 SCONCE LIGHTS, 8'-0" B.O. OF FIXTURES,TYP. SCONCE LIGHTS, 8'-0" B.O. OF FIXTURES,TYP. A6.1 BUILDING ELEVATIONS COLOR “ “ ”
“ ” ” SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

STOREFRONT SYSTEM, PER PLAN SIDING SYSTEM PER PLAN PRE-FAB METAL AWNING, BY OTHERS CANOPY, PER PLAN, COORD. W/ STRUCTURAL EPS CANT STRIP, TYP.

CONC. FOUNDATION, COORD. W/ STRUCTURAL SIDING SYSTEM PER PLAN EXTERIOR WALL TYPE, PER PLAN SITE SLAB, COORD. W/ CIVIL SIDING SYSTEM, PER PLAN EXTERIOR WALL TYPE, PER PLAN PRE-FAB METAL AWNING, BY OTHERS CANOPY, BEYOND CLG-1 AT 10'-0" A.F.F. CLG-2 AT 8'-0" A.F.F. PRE-FINISHED METAL COPING W/ BLIND ATTACHMENT PER MFR. SPECS., TYP. PRE-FINISHED METAL COPING W/ BLIND ATTACHMENT PER MFR. SPECS., TYP. PRE-FINISHED METAL COPING W/ BLIND ATTACHMENT PER MFR. SPECS., TYP. COOLER CLG-1 AT 10'-0" A.F.F. CLG-2 AT 8'-0" A.F.F. SLOPE: 1/4" / 1'-0" SIDING SYSTEM, PER PLAN EXTERIOR WALL TYPE, PER PLAN CONC. FOUNDATION, COORD. W/ STRUCTURAL SIDING SYSTEM PER PLAN EXTERIOR WALL TYPE, PER PLAN SITE SLAB, COORD. W/ CIVIL 2 A7.1 SIM. FINISH FLOOR, PER PLAN
1 A7.2
3 A7.2 FINISH FLOOR, PER PLAN FINISH FLOOR, PER PLAN
4 A7.1 PROVIDE BLOCKING FOR ALL WALL HUNG EQUIPMENT CLG-2 AT 10'-0" A.F.F. 2 A1.0
1 A1.0
3 A1.0
6 A7.0
8 A7.0 FIN. CEILING +10-0"
4 A7.2 BLOCKING AT 48" O.C. T.O. SLAB +0'-0" SERVICE WINDOW SILL +2'-10" B.O. AWNING/ FIN. CANOPY +10'-6" T.O. PARAPET 2 +20'-10 1/2" T.O. PARAPET 3 +24'-0" T.O. PARAPET 1 +12'-10-1/2" STOREFRONT SILL +3'-2" DRIVE AISLE -0'-6" T.O. CURB +0-5 1/2" FIN. CEILING RESTROOM +8-0" 7 A8.1 10 A8.1 TYP. 2 A4.0 FINISH FLOOR, PER PLAN PARAPET WALL BEYOND R-38 BATT INSULATION PER ENERGY CODE R-21 BATT INSULATION SINGLE PLY ROOF MEMBRANE, OVER 1/4" DENSDECK, OVER ROOF SHEATHING, PER STRUCT. OVER PRE-MANUFACTURED ENGINEERED ROOF TRUSSES, PER STRUCT. R-21 BATT INSULATION SINGLE PLY ROOF MEMBRANE, OVER 1/4" DENSDECK, OVER ROOF SHEATHING, PER STRUCT. OVER PRE-MANUFACTURED ENGINEERED ROOF TRUSSES, PER STRUCT. ROOF HATCH BY BILCO W/ FLIP DOWN GRAB BAR EXTENSIONS PRE-FINISHED METAL COPING WITH BLIND ATTACHMENT PER MFR. SPECS. R-21 BATT INSULATION SINGLE PLY ROOF MEMBRANE, OVER 1/4" DENSDECK, OVER ROOF SHEATHING, PER STRUCT. OVER PRE-MANUFACTURED ENGINEERED ROOF TRUSSES, PER STRUCT. SIDING SYSTEM PER PLAN PARAPET WALL BEYOND SINGLE PLY ROOF MEMBRANE, OVER 1/4" DENSDECK, OVER ROOF SHEATHING, PER STRUCT. OVER 2X RAFTER, PER STRUCT. SINGLE PLY ROOF MEMBRANE, OVER 1/4" DENSDECK, OVER ROOF SHEATHING, PER STRUCT. OVER 2X RAFTER, PER STRUCT. R-21 BATT INSULATION 4 A1.0
5 A1.0
6 A7.0
8 A7.0
7 A7.0 COOLER T.O. SLAB +0'-0" SERVICE WINDOW SILL +2'-10" B.O. AWNING/ FIN. CANOPY +10'-6" T.O. PARAPET 2 +20'-10 1/2" T.O. PARAPET 3 +24'-0" STOREFRONT SILL +3'-2" DRIVE AISLE -0'-6" T.O. CURB +0-5 1/2" FIN. CEILING +10-0" R-21 BATT INSULATION 3 A7.1 CLG-1 AT 10'-0" A.F.F. PRE-FINISHED METAL COPING W/ BLIND ATTACHMENT PER MFR. SPECS., TYP. EPS CANT STRIP, TYP.

CONC. FOUNDATION, COORD. W/ STRUCTURAL SIDING SYSTEM PER PLAN WALL CLADDING, PER PLAN EXTERIOR WALL TYPE, PER PLAN CANOPY, PER PLAN, COORD. W/ STRUCTURAL SIDING SYSTEM, PER PLAN EXTERIOR WALL TYPE, PER PLAN PRE-FAB METAL AWNING, BY OTHERS SLOPE: 1/4" / 1'-0" SLOPE: 1/4" / 1'-0" FINISH FLOOR, PER PLAN MIN. 2" COORD. W/ COOLER MFR. SITE SLAB, COORD. W/ CIVIL PARAPET WALL BEYOND R-38 BATT INSULATION PER ENERGY CODE R-21 BATT INSULATION SINGLE PLY ROOF MEMBRANE, OVER 1/4" DENSDECK, OVER ROOF SHEATHING, PER STRUCT. OVER PRE-MANUFACTURED ENGINEERED ROOF TRUSSES, PER STRUCT. A7.0 BUILDING SECTIONS “ “ ”
“ ” ” SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

FILL SOLID WITH CONCRETE, PAINT PER PLAN
(3) GALVANIZED STEEL HINGE COLLARS W/ GREASE FITTINGS WELD TO GATE ANGLE FRAMING PAINT PER PLAN 3" X 1/4" STEEL PLATE WELDED TO METAL DECK (3) STEEL HINGE COLLARS W/ GREASE FITTING; WELD TO GATEANGLE FRAMING; PAINT PER PLAN TS INTERMEDIATE 3" x 2" x 1/4" STD. STEEL FRAME; WELD ALL JOINTS GRIND SMOOTH (3) STEEL HINGE RETAIN SLEEVE WELDED TO STEEL GATE POST 1/2" EXPANSION JOINT CONCRETE DUMPSTER PAD OVER GAVEL SLOPE TO DRAIN; REFER TO STRUCTURAL SHEETS (2) 6" DIA GALVANIZED PIPE GATE POST FILL SOLID W/ CONCRETE EMBED 3'-0" INTO CONC. FTG. W/ 5/8" DIA. X 6" ANCHOR; PAINT PER PLAN 3" x 2" x 1/4" STD. STEEL ANGLE, WELD ALL JOINTS & GRIND SMOOTH TS 3" x 2" x 1/4" STD STEEL, WELD ALL JOINTS & GRIND SMOOTH (3) STEEL HINGE COLLARS W/ GREASE FITTINGS, WELD TO GATE ANGLE FRAMING, PAINT PER PLAN METAL SIDING, PAINT PER PLAN CMU, PER PLAN W/ SOLID GROUT & REINFORCING PER STRUCTURAL 6" DIA HSS GATE POST, FILL SOLID WITH CONCRETE, EMBED 2'-0" INTO CONC. FTG. W/ 5/8" DIA. X 6" ANCHOR; PAINT PER PLAN 3" x 2" x 1/4" STD. STEEL ANGLE, WELD ALL JOINTS & GRIND SMOOTH; PAINT PER PLAN TS 3" x 2" x 1/4" STD STEEL, WELD ALL JOINTS & GRIND SMOOTH; PAINT PER PLAN (3) STEEL HINGE COLLARS W/ GREASE FITTINGS, WELD TO GATE ANGLE FRAMING, PAINT PER PLAN 1" METAL SIDING; PAINT PER PLAN 7/8" STEEL ROD SLIDE STOP TAB PRE-MANUFACTURED METAL GATE HANDLE 1 1/2" X 1/4" FLAT STOCK LOCK TAB FINISH GRADE 6'-0" T.O. WALL 8"x8"x16" SPLIT FACE CONC. BLOCK - SOLID GROUT CELLS w/ #4 @ 24" VERTICAL @ ℄ AND #4 @ 24" HORIZ. PER STRUCT. CALCS GROUT SOLID BELOW GRADE, TYP. 4" 3000 PSI CONC. SLAB #4 @ 16" O.C. TYP. 1'-6" 2'-6" #4 @ 24" O.C. TYP. (ALT. BEND) 32" LAP 2 - #4 CONT. TRASH ENCLOSURE SECTION SCALE: 1/2" = 1'-0" 9 5 TRASH ENCLOSURE GATE JAMB DETAIL SCALE: 1-1/2" = 1'-0" TRASH ENCLOSURE GATE JAMB DETAIL SCALE: 1-1/2" = 1'-0" 10 6 TRASH ENCLOSURE GATE JAMB DETAIL SCALE: 1/2" = 1'-0" TRASH ENCLOSURE GATE LOCKING HANDLE SCALE: 1-1/2" = 1'-0" 7 1'-6"
3'-0" MIN.
1'-0" 2'-0"
2" CONCRETE CAP 6" DIAMETER STD. GALV. STEEL PIPE FILLED w/ CONCRETE SLOPED CONCRETE BASE CONCRETE FOOTING, REFER TO STRUC. FOR REINFORCEMENT 3'-0"INCREASE DEPTH WHERE FROST DEPTH EXCEEDS 3'-0". REFER TO STRUC. FOR FROST DEPTH. BOLLARD DETAIL SCALE: 1/2" = 1'-0" 8 6'-0" 20'-0"
4'-0" 8" 10 A9.0
6A9.0 10 A9.0
5'-6" 6'-0" 4'-0" CL CL
CL
CL
2 A9.0
3 A9.0
4 A9.0
6'-10" 8 1/2"
1" (2) 4'-4" x 5'-8"
STEEL GATES, W/ 6" DIA. HSS GATE POST,
FILLED W/ CONC.; EMBED 36" INTO CONC. FTG. 3'-1" x 5'-2" PEDESTRIAN ACCESS GATE, W/ 4" HSS POSTS, FILLED W/ CONC., EMBED 36" INTO CONC. FTG. DUMPSTER BY GARBAGE SERVICE PROVIDER 6"H x 6"W CONC. CURB AT SIDES OF TRASH ENCLOSURE, TYP. 4" THICK, 3000 P.S.I. CONCRETE SLAB WITH 6x6-W1.4x1.4 STL. MESH PROVIDE METAL SLEEVES IN CONC. APRON FOR GATE CANE ANCHORS, TYP. 6" METAL BOLLARD FILLED W/ CONC. 6"H x 6"W CONC. CURB AT SIDES OF TRASH ENCLOSURE, TYP. PROVIDE METAL SLEEVES IN CONC. APRON FOR GATE CANE ANCHORS, TYP. 3 1'-6" TYP. 1'-6" TYP.

SLOPE: 1/8" PER FOOT
7'-4" 8'-6"
12'-0" 10'-0"
4" THICK, 3000 P.S.I. CONCRETE SLAB WITH 6x6-W1.4x1.4 STL. MESH (2) 4'-4" x 5'-8" STEEL GATES, W/ 6" DIA. HSS GATE POST, FILLED W/ CONC.; EMBED 36" INTO CONC. FTG. PROVIDE METAL SLEEVES IN CONC. APRON FOR GATE CANE ANCHORS, TYP. PROVIDE METAL SLEEVES IN CONC. APRON FOR GATE CANE ANCHORS, TYP. SIM.

CL CL 8'x4'x8' SECURITY STORAGE ROOM W/ 4'x8' HINGED DOOR 7A9.0
6'-0" T.O. WALL 1/2" DIA. x 24"L CANE BOLT LATCH RODS CORRUGATED METAL PAINTED PER PLAN 3/4" PIPE SET INTO CONC. SLAB, 12" DEEP CONC.CURB PER CIVIL DWGS. (3) 3"X1/4" STEEL PLATES WELDED TO METAL DECK 6" DIA. HSS GATE POST FILL SOLID w/ CONCRETE, EMBED 3'-0" INTO CONC. FTG. W/ 5/8" Ø x 6" ANCHOR, PAINT PER PLAN 6" DIA. HSS GATE POST FILL SOLID w/ CONCRETE, EMBED 3'-0" INTO CONC. FTG. W/ 5/8" DIA. x 6" ANCHOR, PAINT PER PLAN CANE BOLT "HOLD-OPEN" TABS 6'-0" T.O. WALL HSS GATE POST PAINT PER PLAN PEDESTRIAN ACCESS DOOR, W/ CORRUGATED METAL, PAINTED PER PLAN PROVIDE SIMILAR LOCKING MECHANISM TO MAIN GATE TRASH ENCLOSURE MATERIALS ID MATERIAL MANUFACTURER COLOR NOTES 3 SPLIT FACE 8X8X16 MUTUAL MATERIALS/WILLAMETTE STONE CHARCOAL IF INTEGRAL COLOR BLOCK IS UNAVAILABLE, BLOCK TO BE STAINED TO MATCH CMU CAP WILLAMETTE-GRAYSTONE CHARCOAL 12X16X2 PT-2 PAINT SHERWIN-WILLIAMS 8656-11295 - BLDG DB DARK GRAY BLDG DB DARK GRAY, GATES BODY PT-3 PAINT SHERWIN-WILLIAMS 8656-12045 - BLDG DB BLUE BLDG DB BLUE, GATE FRAMES & POSTS 3 3 3 9 A9.0 TYP. TRASH ENCLOSURE PLAN/ ELEVATIONS A9.0
“ “ ”
“ ” ” SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

DUTCH BROS
950 SF
O
L
L
L
L
L

L L L L L L
L
L
L
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
R
R
R
R
R
R
R
R
R
R
R
R

R R R R R R R R R R R

R R R R R R R R R R R
R
R
R
R
R
R
R
R
R
M
M
M
J
R R
R
M
H H
M
M
M M
M
M
M
M
M
M
M
M M
M M
M M
J
J
J
J
J
J
J
J
J
J
J
J
J
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
H
H
H
-
-
-
-
-
-
- R
R R
R
R
R R
R R
R
R
R
R
R
R
R
R
R
R
R
R R
R
R
R
R
R
R
R
-
-
H
H
H
H
- O
O
O O O
O
O
O
O
O
O
O
O
O
R
R
O R
O
R O

WES AROLA LANDSCAPE ARCHITECTURE
WA.LANDSCAPEARCHITECTURE@GMAIL 831/ 247 9936
( In Feet )
1 inch = 10 feet

GRAPHIC SCALE
10 0 5 10 20 40

MISSION TRAIL
-H
J
L
M
O
R

WES AROLA LANDSCAPE ARCHITECTURE
WA.LANDSCAPEARCHITECTURE@GMAIL 831/ 247 9936

SHRUB PLANTING
1 1/2" = 1'-0"
MULCH

BACKFILL MIX

FERTILIZER TABLET

AMENDED NATIVE SOIL

TOP OF ROOTBALL AT OR SLIGHTLY

ABOVE FINISH GRADE
1 329333-03

TREE PLANTING
1/2" = 1'-0"

TREE TIES

TREE STAKES, TWO

PER TREE
MULCH

UNDISTURBED NATIVE
SOIL

WATERING BERM

FERTILIZER PACK

BACKFILL MIX
2 PLANTING NOTES

CONTRACTOR SHALL SUBMIT LABELED PHOTOS OF ALL PLANT MATERIAL, TREES AND GROUNDCOVERS. PHOTOS SHALL BE OF THE SPECIFIED CONTAINER SIZE. PHOTOS SHALL BE SUBMITTED AS A COMPLETE SUBMITTAL PACKAGE FOR REVIEW AND APPROVAL. INCLUDE PHOTOS OF ANY SUBSTITUTES, CLEARLY LABELED.

PLANTING SCHEDULE
DO NOT
ENTER
STOP
TREES
1"

BUBBLER
2 VALVE
1657 SF
1"
DRIP
1 VALVE
2368 SF
1"
DRIP
3 VALVE
1108 SF
1"
DRIP
4 VALVE
PROP.

DUTCH BROS
950 SF

WES AROLA LANDSCAPE ARCHITECTURE
WA.LANDSCAPEARCHITECTURE@GMAIL 831/ 247 9936
( In Feet )
1 inch = 10 feet

GRAPHIC SCALE
10 0 5 10 20 40

MISSION TRAIL

WES AROLA LANDSCAPE ARCHITECTURE
WA.LANDSCAPEARCHITECTURE@GMAIL 831/ 247 9936
X
X
-X
VALVE

VALVE TAG
STATION #
SIZE

HYDROZONE AREA
TYPE
BF
C
W
POC

1. IRRIGATION PLAN IS DIAGRAMMATIC. FINAL LOCATION OF PIPING WILL BE DETERMINED AT THE TIME OF INSTALLATION. MAINLINE AND LATERALS SHALL BE PLACED IN THE SAME TRENCH WHEN POSSIBLE.

2. ALL EQUIPMENT REQUIRED BUT NOT SPECIFIED ON THE DRAWING, TO

COMPLETE THE WORK, SHALL BE PROVIDED BY THE IRRIGATION
CONTRACTOR.

3. INSTALL ALL EQUIPMENT IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND/OR SPECIFICATIONS.

4. ALL PIPING RUNNING UNDER HARDSCAPE/WALLS SHALL BE SLEEVED.

MINIMIZE SLEEVING AS MUCH AS POSSIBLE BY LOCATING LATERALS AND MAINLINE IN PLANTING AREAS.

5. FOR DRIP IRRIGATION AREAS, CONTRACTOR SHALL INSTALL AIR

RELIEF VALVES, OPERATION INDICATORS, AND FLUSH VALVES IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS.

6. CONTRACTOR SHALL COORDINATE POWER TO CONTROLLERS AND DEDICATE ONE (1) 20 AMP BREAKER FOR EACH CONTROLLER. THE

AUTHORIZED REPRESENTATIVE SHALL REVIEW CONTROLLER
LOCATIONS PRIOR TO INSTALLATION. 120 VOLT SERVICE AND

HOOK-UP TO THE CONTROLLER SHALL BE COMPLETED BY A LICENSED ELECTRICAL CONTRACTOR. THIS COST IS TO BE A PART OF THE LANDSCAPE CONTRACTOR'S BID.

7. CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH THE PLANS AND SITE CONDITIONS PRIOR TO BEGINNING WORK. SHOULD CONFLICTING

INFORMATION BE FOUND ON THE PLANS, THE CONTRACTOR SHALL

NOTIFY THE PROJECT LANDSCAPE ARCHITECT BEFORE PROCEEDING WITH THE WORK IN QUESTION.

8. DO NOT WILLFULLY INSTALL THE IRRIGATION SYSTEM AS SHOWN ON

THE DRAWINGS WHEN IT IS OBVIOUS IN THE FIELD THAT

OBSTRUCTIONS, GRADE DIFFERENCES OR DIFFERENCES IN THE AREA

DIMENSIONS EXIST THAT MIGHT NOT HAVE BEEN CONSIDERED IN THE ENGINEERING. SUCH OBSTRUCTIONS OR DIFFERENCES SHOULD BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT. IN

THE EVENT THIS NOTIFICATION IS NOT PERFORMED, THE

CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ANY
REVISIONS NECESSARY AT NO EXPENSE TO THE OWNER. 9. CONTRACTOR SHALL SLEEVE UNDER PAVING PER PLANS AND SPECIFICATIONS. ALL SLEEVES UNDER PAVING SHALL RECEIVE
IDENTIFYING MARK ON TOP OF CONCRETE. EXTEND ALL SLEEVES 18" BEYOND EDGE OF PAVING.

10. SPLICING OF 24 VOLT WIRES WILL NOT BE PERMITTED EXCEPT IN VALVE BOXES. LEAVE A 24" COIL OF EXCESS WIRE AT EACH SPLICE.

LABEL ALL WIRES W/ WATERPROOF MARKERS AT ALL SPLICES AND VALVE MANIFOLDS.

11. CONTRACTOR SHALL BE RESPONSIBLE FOR THE INSTALLATION OF ALL MATERIAL APPEARING ON PLAN.

12. ALL EXISTING UTILITIES, WATER LINES AND FIRE HYDRANTS SHALL

REMAIN CONNECTED AND N FULL CONTINUOUS OPERATION DURING AND FOLLOWING ALL CONTRACT WORK.

13. CONTRACTOR SHALL NOT INSTALL ANY PLANTING UNTIL THE FOLLOWING ARE COMPLETED: 1. THE IRRIGATION SYSTEM SHALL BE FULLY OPERATIONAL. 2. HYDROSTATIC PRESSURE TESTS SHALL BE PERFORMED ON MAIN AND LATERAL LINES. 3. ALL ZONES SHALL PASS A COVERAGE TEST. 4. CONTROLLERS SHALL BE FULLY OPERATIONAL. 1" = 1'-0"

WALL MOUNT CONTROLLER
RCV WIRES.
1 1/2" DIAMETER RIGID

STEEL CONDUIT FOR
BELOW GRADE.

USE PVC SCH. 40
TO WALL. INSTALL BACKUP
BATTERIES AS REQUIRED.

GROUND AS PER MFG.

SPECIFICATIONS.
1/2" DIAMETER RIGID

STEEL CONDUIT FOR
110 VAC ELECTRICAL
SOURCE. INSTALL AS
SET CONTROLLER 60" ABOVE

FINISHED GRADE UNLESS
OTHERWISE NOTED.

CONTROLLER AS SPECIFIED.

SECURELY BOLT CONTROLLER
CODES.

FINISHED GRADE.

LONG SWEEP ELL.

PER LOCAL ELECTRICAL
FX-IR-FX-CONT-07
3 1 1/2" = 1'-0"

TYPICAL DRIP TUBING
COMPRESSION FITTING.

PLANT GRAPHIC
DRIPLINE EDGE.

TYPICAL 1/4" TUBE STAKE WITH EMITTER OR CAP.

TYPICAL 1/4" DISTRIBUTION TUBING, 48" MAX. LENGTH.

TYPICAL 1/2" DRIP TUBING STAKE.

MULTI-OUTLET EMITTER OR TRANSFER.

EMITTER OR BUBBLER ON 1
2" DRIP STAKE.

TRANSFER BARB TEE
FOR DOUBLE EMITTER.

TYPICAL

COMPRESSION
FITTING.

TYPICAL 1
2" DRIP
TUBING.

NOTE:

1. PLACE EMITTERS 3
4 BETWEEN THE TRUNK AND OUTTER DRIPLINE.

2. EVENLY SPACE EMITTERS AROUND PLANT.

3. STAKE THE DRIP TUBING AT EACH TEE, ELL, COUPLER, AT
EACH EMITTER OR TRANSFER, AND AT 6'-0" MAX O.C.

FX-IR-FX-DRIP-01
4 1 1/2" = 1'-0"
1" DRIP VALVE/FILTER/REGULATOR
FILTER AS SPECIFIED.

SCH. 80 RISER.

SxT TEE W/ 2" NIPPLE AT
MAINLINE.

PRESSURE REGULATOR AS
SPECIFIED.

PVC TRUE UNION BALL
VALVE.
20"X14" JUMBO PLASTIC
VALVE BOX.
2" ABOVE GRADE AT
SHRUBS.

RCV AS SPECIFIED.

CONTROLLER WIRE WITH 30 INCH LINEAR LENGTH
OF COIL, WITH PLASTIC I.D. TAG AND WATERPROOF
CONNECTORS.
12" BELOW
GRADE.
1 2" WIRE CLOTH GOPHER
SCREEN, WRAP UP SIDES.

TWO 6X2X16 CONCRETE BLOCK CAPS, ONE
ON EACH SIDE OF THE BOX.

OUTLET PIPE SAME SIZE AS
VALVE, 24" MIN. LENGTH TO
FIRST FITTING.

PVC UNION W/ SHORT
NIPPLES.
3" MIN.

SET BOX FLUSH AT
TURF.

FX-IR-FX-DRIP-12
2 1 1/2" = 1'-0"

ELECTRIC REMOTE CONTROL VALVE
2"
CLR
BELOW TOP OF BOX.

WATER PROOF WIRE CONNECTORS
10X15 RECTANGULAR VALVE BOX.
2" MINIMUM, 4" MAXIMUM
PLASTIC I.D. TAG AT EACH VALVE.

REMOTE CONTROL VALVE, ONE PER BOX.
2"-4"
4" CLR
REQ. TO

LATERAL
45 DOWN AS
TO FIRST FITTING.

PIPE
DEPTH.

LINE AS PER
IRRIGATION PLAN.
12" BELOW GRADE
SCHEDULE 80 RISER.

TWO ON EACH SIDE.

MAIN LINE.

OUTLET PIPE SAME SIZE

INCREASE LATERAL

CONCRETE BRICK SUPPORT,
AS VALVE, 24" MIN.

ON 30" LOOPED WIRES.
2" ABOVE FINISH
GRADE AT SHRUBS.
3/4" ABOVE FINISH
GRADE AT LAWN.

FX-IR-FX-RCV-05
1

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Interim Assistant Community Development Director Date: January 10, 2023
Subject: Amendment No. 1 to the Professional Services Agreement with Environment Planning Development Solutions, Inc.

Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Environment Planning Development (EPD) Solutions, Inc. for additional services to prepare California Environmental Quality Act (CEQA) compliance documents for a total contract amount not to exceed $111,328, in such final form as approved by City Attorney.

Background
On March 22, 2022, the City entered into the original Professional Services Agreement with EPD for $89,840 to prepare CEQA documentation under authorization of the City Manager to evaluate the environmental impacts resulting from the project. The cost of preparing the environmental analysis is paid for by the project applicant (Lake Elsinore Lakeshore, LLC) through the Cityimplemented cost recovery deposit program.

Discussion
The applicant has submitted an entitlement application for a new residential development located on the southwest side of Lakeshore Drive east of Machado Street (APNs 379-230-001 and 002).

The proposal involves the development of a new a 140-unit condominium community with four plan types (ranging in size from 1,807 sq. ft. to 2,008 sq. ft.) on an approximately 10-acre site in the Lakeshore Village Specific Plan.

Amendment No. 1 EPD (Lakeshore Drive Condos)

Page 2 of 2 ends

Several technical studies have been prepared for the proposed project, including a Traffic Report, Air Quality/Greenhouse Gas/Energy Report, Noise Report, Hydrology Report, Biological Resources Report, Cultural Resources/Paleontology Report, Phase 1 Environmental Site Assessment, Geotechnical Report and Preliminary Water Quality Management Plan.

EPD has provided environmental document preparation services, including peer review of the supporting technical studies and the preparation of the Draft Initial Study and an Addendum to the Mitigated Negative Declaration (MND) previously adopted for the Lakeshore Village Specific Plan. Amendment No. 1 is being requested to cover the added cost associated with expanding the scope of the Traffic Impact Analysis to include additional study intersections and a signalized redesign of the project driveway. Compensation for the additional services provided under Amendment No. 1 will not exceed $21,488, bringing the total compensation under the Agreement, as amended, to a contract amount not to exceed $111,328.

Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the developer through the City’s cost recovery program. All administrative staff time and consultant costs are paid from the applicant’s fees. No General Fund budgets will be allocated or used for the completion of the CEQA documents for the project.

Attachments
Attachment 1 – Amendment No. 1 Agreement
Exhibit A – Consultant’s Proposal
Attachment 2 – Original Agreement
AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC.

ENVIRONMENTAL DOCUMENTATION FOR THE LAKESHORE DRIVE CONDOMINIUM

PROJECT
This Amendment No. 1 to Agreement for Professional Services (“Amendment No. 1”) is made and entered into as of ________, by and between the City of Lake Elsinore, a municipal corporation (“City), and Environment Planning Development Solutions, Inc. dba EPD Solutions, Inc., a California Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of March 22, 2022, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of eighty nine thousand eight hundred forty dollars ($89,840).

C. The parties now desire to modify the scope of services and increase the compensation in an amount of twenty-one thousand four hundred eighty-eight dollars ($21,488) for such services as set forth in this Amendment No 1.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:

1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:

Consultant shall also perform the services described in Consultant’s December 20, 2022 Change Order request (attached to this Amendment No. 1 as Exhibit A-1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.

2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal dated January 31, 2022 (Exhibit A to the Original Agreement) and, for purposes of Amendment No. 1, in accordance with the fees set forth in Consultant’s Proposal dated December 20, 2022 (attached as Exhibit A-1 to Amendment No. 1). In no event shall Consultant’s total compensation for services provided pursuant to this Agreement, as amended, exceed One Hundred Eleven Thousand Three Hundred Twenty Eight dollars ($111,328) without additional written authorization from the City.

Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONSULTANT”
Environment Planning Development
Solutions, Inc., a California Corporation
By: Konnie Dobreva
Its: Vice President of Environmental Planning
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
Urban Planning Ŷ Due Diligence Ŷ Entitlements Ŷ CEQA/NEPA Ŷ Development Services Ŷ Management Ŷ Public Outreach 2355 Main Street, Suite 100 Ŷ Irvine, Calif. 92614
949.794.1180 Ŷ[email protected]
Submitted via email
December 20, 2022
Damaris Abraham,
City of Lake Elsinore,
[email protected]
RE: Budget Amendment Request for Additional Analysis
Dear Ms. Abraham,
We appreciate the opportunity given to EPD to assist with efforts on Lakeshore Drive Residential project.

We are writing to you to request a budget amendment for additional analysis that was required to successfully complete the Lakeshore Driveway Residential Traffic Impact Analysis.

The purpose of the Budget Amendment is to request additional budget to cover the cost of the following:
1) LOS analysis of Three Additional Intersections as a part of the TIA On January 31, 2022, EPD provided the City of Lake Elsinore with a scope of work for Traffic Impact Analysis stating a budget amount of $5,450 for the study of two intersections. EPD’s charges for the study are rated per intersection. As per the approved submittal of the Scoping Agreement for the Traffic Impact Analysis to the City of Lake Elsinore, EPD was required to analyze a total of five study intersections.
2) Re-Analysis of the Traffic Impact Analysis Study after First Submittal to the City due to Change in Project Driveway Access from Full Access to RIRO
EPD was notified of a change in project driveway access at Lakeshore Drive/Gunnerson Drive from being full access to right-in/right-out only after the first submittal of the TIA. This change in project driveway access led to a change in the approved project trip-distribution through the traffic study network and required a re-analysis of the entire traffic study. 3) Development of Intersection Design at Project Driveway and Coordination with Civil EPD also had to develop an intersection design at project driveway that would allow for safe intersection operation with the addition of the project. This process required extensive coordination with the Civil Engineering team to find a workable solution given the constraint that a traffic signal could not be implemented as a traffic control measure at the intersection of Lakeshore Drive/Gunnerson Street, and the fact that the intersection already operated at unsatisfactory LOS in the existing conditions.
4) Re-Analysis of Traffic Impact Analysis Study After City-Meeting Concluding that a Signal would be Required at the Project Driveway
After meeting with the City, it was concluded that a signal would be required as a part of the project. This requirement led to another re-analysis with a signal installed assuming the project driveway as full-access instead of the earlier analyzed RIRO.

Lakeshore Drive Residential
Budget Amendment Page 2
A breakdown of EPD’s fee by task is shown in the table below along with the requested Budget Amendment:

Proposed Work Scope Tasks (Amended Items in Blue)
Proposed
Fee
Amended
Fee
Task 1: Project Initiation and Project Description $5,100 Project Initiation $2,100
Project Description $3,000
Task 2: Technical Studies $48,890 $70,378

2.1: Peer Review of Applicant Studies $4,025

2.2: Air Quality & GHG Emissions Analysis $12,960

2.3: Energy Analysis $2,080

2.4: Noise Impact Analysis $9,875

2.5: Cultural/Paleontological Resources Assessment $6,600

2.6: Traffic Impact Analysis

2.6.1: Traffic Impact Analysis of Two Intersections $5,450

2.6.2: Traffic Impact Analysis of Additional Three Intersections $7,988

2.6.3: Traffic Impact Re-Analysis to Accommodate Change in City Approved Trip Distribution Due to Change in Project Driveway Access
$6,500

2.6.4: Developing an Intersection Design at Project Driveway and Coordination with Civil
$3,500

2.6.5: Re-Analysis of Traffic Impact Analysis Study after CityMeeting Concluding that a Signal would be Required at the Project Driveway
$3,500
Task 3. Initial Study $25,250

3.1: Administrative Draft $18,950

3.2: Public Review Draft $3,275

3.3: Response to Comments $3,025
Task 4. Notice of Exemption $1,050
Task 5. CEQA Project Management $10,300
Management $6,100
Meetings $4,200
Estimated Fees & Expenses $900
TOTAL (Without Estimated Expenses) $88,940 $110,428
TOTAL (With Estimated Expenses) $89,840 $111,328
EPD’s current approved contract is $89,840. EPD would require an additional budget of $20,988 to cover the cost of including three more study intersections to the traffic impact analysis study, re-working an approved trip distribution, re-analyzing the TIA, conceptualizing stop-controlled only intersection design at Lakeshore Drive/Gunnerson Street, and re-analyzing the TIA for the 3rd time assuming signal installation at project driveway. This current request for an additional $21,488 would bring EPD’s total contract amount to $110,428 (without estimated expenses).

I appreciate your consideration of this request. Should you have any questions, please do not hesitate to contact me at (949) 794-1186 or [email protected].

Respectfully submitted,
EPD Solutions, Inc.

Meghan Macias, TE
Transportation Planning Director
EPD Solutions Agreement Page 1

AGREEMENT FOR PROFESSIONAL SERVICES
ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC.

ENVIRONMENTAL DOCUMENTATION FOR THE LAKESHORE DRIVE CONDOMINUM

PROJECT
This Agreement for Professional Services (the “Agreement”) is made and entered into as of March 22, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Environment Planning Development Solutions, Inc. dba EPD Solutions, Inc., a California Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

CEQA consulting services for the Lakeshore Drive Condominum Project (“Project”).

B. Consultant has submitted to City a proposal, dated January 31, 2022, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769

Page 2 ends

c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed eighty nine thousand and eight hundred forty dollars ($89,840) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

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b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769

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by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769

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law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

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iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.

Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Environmental Planning Development Solutions, Inc.

Attn: Konnie Dobreva
2 Park Plaza, Suite 1120
Irvine, CA 92614

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

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21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769

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make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Director of Administrative Services
“CONSULTANT”
Environment Planning Development
Solutions, Inc., a California Corporation
By: Konnie Dobreva
Its: Vice President of Environmental
Planning
Attachments: Exhibit A – Consultant’s Proposal
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EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 Urban Planning ■ Due Diligence ■ Entitlements ■ CEQA/NEPA ■ Development Services ■ Management ■ Public Outreach 2355 Main Street, Suite 100 ■ Irvine, Calif. 92614
949.794.1180 ■ [email protected]
Submitted via email.

January 31, 2022
Damaris Abraham
City of Lake Elsinore
[email protected]
RE: Proposal for Environmental Analysis and CEQA Compliance Management on the proposed 140- Unit Residential Community on Lakeshore Drive, Lake Elsinore Dear Ms. Abraham:

Thank you for meeting with us to discuss the potential CEQA compliance approach with the proposed 140- unit residential community on Lakeshore Drive. All of us at EPD Solutions, Inc. are thrilled to have another opportunity to work with you and the other City staff. Below is our proposed scope of work based on our discussion.

PROJECT UNDERSTANDING
The 10-acre project site (9.71 net acres) is comprised of 2 lots and is located on Lakeshore Drive, west of Lake Elsinore and south of Interstate 15, which can be accessed by Riverside Drive. The Local access to the site is provided from Rio Rancho Road, which is a major arterial roadway. The site is bound by Rio Rancho Road to the northwest, I-17 to the northeast, existing commercial uses (restaurants) to the west, and a Walmart to the southeast.

The project site is rectangular in shape and currently undeveloped. The project site is designated in the General Plan as Lakeshore Village Specific Plan and zoned Attached Residential, Commercial Residential Flex within Lakeshore Village Specific Plan. The site is bounded by residential and undeveloped land uses to the west and east, residential uses to south, and Lakeshore Drive to the north. To the north of Lakeshore Drive are vacant lots and scattered low density residential and one commercial building.

The proposed project includes 140 2-story duplex homes in a gated community with a community park and pool, spa and bathroom building. Pocket parks and seating areas are also dispersed throughout the community. With the available information and based on our conversation, the proposed project would be consistent with the site’s General Plan and Specific Plan designations.

PROPOSED ENVIRONMENTAL REVIEW
As we discussed, due to the project’s compliance with the General Plan and Specific Plan, we anticipate the appropriate CEQA compliance approach for the project would be pursuant to State Guidelines Section 15183, which is a CEQA streamlining provision available to projects that are consistent with a community plan (such as the City’s General Plan) previously analyzed under an approved environmental document.

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For purposes of this proposal, this is assumed to be the case, which will be validated by EPD through a thorough review of potential impacts of the project using an Initial Study. The Initial Study will guide the appropriate CEQA path and confirm the project can be streamlined under Section 15183. In the event impacts of the project are determined to significant and peculiar to the project or its site compared to what was previously approved under the applicable General Plan and Lakeshore Specific Plan environmental document, a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) would be prepared if deemed appropriate.

SCOPE OF WORK

1. Project Initiation and Project Description

2. Technical Studies
a. Peer Review of Applicant Prepared Studies
b. Air Quality and Greenhouse Gas Emissions Analysis
c. Energy Analysis
d. Noise Impact Analysis
e. Cultural and Paleontological Resources Assessment

3. Initial Study

4. Notice of Exemption (NOE)

5. CEQA Project Management

1. Project Initiation and Project Description
As part of this task, EPD will review the project’s entitlement application submittal package, the City’s General Plan and Municipal Code, and other relevant documents. EPD will then prepare a detailed project description for the project.

As you are likely aware, one of the keys to successful CEQA compliance is a clear definition of the project and its components. Prior to initiating technical studies, the project description must be complete, comprehensive, and stable and finite in order to ensure the studies analyze potential impacts accurately and fully. EPD will identify any additional information needed to develop a thorough and complete project description.

EPD will also confer with the City and project team during this early process to discuss the potential environmental impacts of the proposed project. As part of this initial review, EPD will confer with the team to determine if any issues might come up related to the thresholds of significance Subsequent to this initial analysis, EPD will discuss with the team the results and identify any potential issues relative to the impact analysis and mitigation measures.

2. Technical Studies
The following technical studies are proposed to be prepared in support of the IS.  Air Quality and Greenhouse Gas Emissions Analysis
 Energy Analysis
 Noise Impact Analysis
 Cultural and Paleontological Resources Assessment
Certain technical studies that are required for the project are expected to be contracted through the applicant and are therefore excluded from our scope. These studies include the Water Quality Management DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 Proposal for CEQA Analysis for Lakeshore Residential Project January 31, 2022 Page 3
Plan (WQMP), hydrology study, biological study, and geotechnical study. In addition, we anticipate being provided a Phase I Environmental Site Assessment (ESA).

2.1. CEQA Adequacy Review of Applicant Prepared Studies EPD will review the Applicant-prepared Traffic Impact Assessment (TIA), hydrology study, WQMP, Geotechnical and Phase I ESA reports for an accurate and consistent project description, adequacy in responding to applicable CEQA impact questions, use of appropriate thresholds, and identification of appropriate mitigation, as necessary. For efficiency, we will provide comments and revisions within the Word files of the technical studies and use “track changes” and commenting features in the review of documents.

Where Word files are not available, we will comment within the PDF files. Comments will be summarized in a peer-review memo.

2.2. Air Quality and Greenhouse Gas Emissions Analysis
Air Quality Analysis/Gasoline Service Station Screening-Level Health Risk Assessment The proposed project is located within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The following scope of work serves to meet the City’s and SCAQMD’s requirements for preparation of a CEQA Air Quality and Greenhouse Gas Analysis.

Air Quality
• Evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance.
• Identify construction-related air quality impacts from associated construction activities at the project site which may include import/export of fill dirt, mass grading, building construction, paving, concrete pouring, etc.
• Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study. Peak hour trips will be used along with estimates of the types of trips generated and average travel speeds to estimate daily emissions generated by the project.

In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, and lawn care equipment will also be considered. • Perform a screening-level CO Hot Spot analysis of future conditions at key intersections located in the project study area will be prepared. It is anticipated that a qualitative discussion on CO Hotspot potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required. • Perform Construction Localized Significance Threshold (LST) analysis as recommended by the South Coast Air Quality Management District (SCAQMD) for construction and operational activity. The scope of work includes a screening-level health risk assessment due to the gasoline service station proposed on-site. The screening assessment will utilize published guidance from the California Air Pollution Control Officers Association (CAPCOA) in their Gasoline Service Station Industrywide Risk Assessment Guidelines. No dispersion modeling is anticipated to be required. • Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation measures and regulatory requirements that the project must comply with to minimize odors. For purposes of this evaluation a qualitative assessment of odors and odor controls is expected. • Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short-term construction and long-term operational activity. A “list” approach per CEQA will be utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic report. Since the basin is in non-attainment the determination of significance will likely be based on whether or not the Project results in a substantial incremental increase.

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Greenhouse Gas Emissions Analysis
• Evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality. • Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Data available from the project team and technical air quality analysis will be utilized in characterizing GHG-generating activities. • Evaluate operational GHG emissions for the proposed project which will include emissions from mobile sources, heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered. • The emissions evaluation for short-term construction, long-term mobile source, and long-term stationary source activity will consider project design, and mitigation measures that have the potential to reduce GHG emissions.
• Evaluate project significance based on an applicable Climate Action Plan or direction provided by the Project CEQA preparer and/or the lead agency.
• Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare a greenhouse gas report that incorporates the findings and all supporting calculations.

2.3. Energy Analysis
We will prepare energy calculations associated with electricity, natural gas, and transportation fuels in a summary table for inclusion in the CEQA document.

2.4. Noise Impact Analysis
• Identify and review applicable, Federal, State and Local Noise criteria. This includes the City of Pomona Noise Element and Municipal Code to determine appropriate noise standards and significance criteria.
• Collect long-term 24-hour ambient noise level measurements in the project study area at up to six locations to quantify the existing noise environment. All noise level measurement equipment will satisfy American National Standards Institute (ANSI) standard specifications for sound level meters ANSI S1.4-2014/IEC 61672-1:2013. The noise level measurements will be collected consistent with the criteria outlined in the Municipal Code. Briefly describe the ambient noise conditions in the Project study area.
• Collect reference noise level measurements to represent the expected stationary source impacts associated with the proposed Project land uses including the planned car wash. • Evaluate the potential stationary source noise impacts associated with the operation of the proposed Project and recommend measures to reduce the potential noise impacts to any nearby noise-sensitive uses.

Provide a detailed construction noise and vibration analysis for each stage of construction using reference noise level measurements of similar activities.

Summarize the results of the study in a noise impact analysis report addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the impacts to levels of less than significant.

2.5. Cultural and Paleontological Resources Assessment
Brian F. Smith & Associates prepared the prior cultural and paleontological resources assessments for the

7.5-acre parcel and will update the studies to include the 1.5-acre parcel that wasn’t included.

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• Cultural Resources Background Research – We will request an updated cultural resources records search of the project area from the South Central Coastal Information Center (SCCIC) at California State University, Fullerton and the Native American Heritage Commission (NAHC). The results of the records searches will identify previous studies and previously registered cultural resources within or near the property. The receipt of records searches from the SCCIC may be delayed due to COVID19 restrictions. If necessary, the survey and report will be completed with a provision that the record searches will be forwarded to the City upon receipt.
• The property will be surveyed by a qualified archaeologist. Should any cultural resources be identified during the survey, either historic or prehistoric, subsequent significance evaluations may be required. Any additional efforts required will be presented in a subsequent proposal document. • A paleontological review of available research will be completed to determine if fossil resources exist within the project area and which could require mitigation measures as part of any future development.
• Two technical reports will be prepared for use in the CEQA environmental review process. The archaeological report will provide the results of the previous studies, the updated record searches, data from field survey, and NAHC consultation. The paleontological assessment will provide results of the research of fossil records and projections of the potential to encounter significant fossil deposits at this location. For the purposes of this proposal, we will assume that the cultural resources report will be negative. If cultural resources, either historic or prehistoric, are identified on the property as a result of the records information or the field inspection, CEQA protocol will require that the resources be evaluated for significance and potential impacts analyzed.

2.6. Traffic Impact Analysis
Based on a preliminary evaluation, the project generates more than 50 peak hour trips and is located in a low VMT area. Using the screening criteria provided in the City of Lake Elsinore Traffic Impact Analysis Preparation Guide, the proposed development will likely require a level of service (LOS) analysis only. A vehicle miles traveled (VMT) analysis will likely not be required, which is reflected in the scope of work below.

2.6.1. LOS and VMT Scoping Agreements
EPD will prepare a scoping agreement including the methodology and scope for both LOS and VMT analysis.

EPD will work with the City staff to obtain approval of the LOS and VMT scope prior to proceeding with the VMT and LOS traffic impact analysis.

2.6.2. Existing and Future Roadway Network
EPD will document conditions of the surrounding roadway network, number of travel lanes, and nonmotorized and transit facilities. A map of the roadway network will be provided. Traffic control, channelization and other relevant characteristics will be documented at the study intersections as well. EPD staff will also work with City staff to obtain current plans for future roadway facilities in the area.

2.6.3. Existing Traffic Operations
Existing peak hour traffic volumes will be collected at up to 2 study area intersections. EPD will calculate existing AM and PM peak hour intersection LOS at study intersections using Highway Capacity Manual (HCM) 6th Edition methodology.

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2.6.4. Project Trip Generation, Distribution and Assignment A trip generation analysis will be conducted to estimate the number of daily, AM peak hour and PM peak hour trips based on the trip rates from ITE Trip Generation Manual. The project trip generation will be distributed to the project study area based on the likely routes of the travel to and from the project site.

2.6.5. Traffic Analysis Scenarios
It is anticipated that the following with scenarios will be included in the study:
• Existing Conditions
• Project Completion (Existing plus Ambient Growth Plus Project) • Cumulative (Existing Plus Ambient Growth Plus Cumulative Projects)

2.6.6. Site Access Analysis
EPD will evaluate access points and on-site circulation which includes driveway spacing, potential signalization of driveways, stacking distance, shared access, adequate sight distance, and any other operational characteristics as identified by City staff.

2.6.7. LOS Mitigation Measures
EPD will identify mitigation measures to reduce or off-set LOS deficiencies identified in all project scenarios.

It will be noted whether mitigation measures are included in an existing mitigation fee program. If mitigation measures are not included in a fee program, the project’s fair-share will be calculated. Peak hour traffic signal warrant analysis will be prepared for any unsignalized intersections that would require a traffic signal for acceptable operations.

2.6.8. Documentation of Analysis and Findings
A draft TIA will be prepared documenting all analyses, findings, and conclusions. Upon review by the City, EPD will revise the TIA up to one revision and provide the revised document for City review and approval.

3. Initial Study
This scope of work assumes an Initial Study (IS) in support of a Section 15183 will be sufficient to achieve CEQA compliance. EPD will work with the City, and the applicant, and their design team, as authorized by the City, to mitigate all impacts to below a level of significance; however, if an impact cannot be mitigated adequately, it could be elevated to an IS/MND or deemed significant and unavoidable by the City, which would trigger the need for an Environmental Impact Report (EIR). We will advise the project team immediately if we find any impacts could reach this severity.

3.1. Administrative Draft IS
EPD will prepare an Initial Study consistent with the State CEQA Guidelines and the City’s local CEQA guidelines. We anticipate the Initial Study will be used to support the use of a Section 15183 determination.

One round of review is assumed.

3.2. Public Review Draft IS
Based on comments from the project team, a Public Review draft will be submitted to the City for review.

Project team and City comments will be incorporated into an updated document. One round of review per entity is expected.

3.3. Response to Comments
Although not required by CEQA, at the City’s request, EPD will prepare responses to comments received by interested parties and agencies on the IS and will assist the City in preparation for public hearings. This DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 Proposal for CEQA Analysis for Lakeshore Residential Project January 31, 2022 Page 7
scope assumes 11 hours of professional staff time. If a large volume of letters is received requiring extensive responses, EPD will advise the City and costs will be extra to contract.

4. Notice of Exemption
EPD will prepare a Notice of Exemption (NOE) for the project using the Office of Public Resource standard NOE form. EPD will be responsible for filing the NOE with the State Clearinghouse and with the County.

5. Meetings, Hearings, and CEQA Project Management
EPD’s CEQA project manager will coordinate closely with City staff to assure that the IS and associated documents are legally defensible, accurate, and useful to decision makers considering the approval of the project. The project manager will also coordinate with City staff throughout the process not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays.

To effectively manage the costs of the project, EPD will attend bi-monthly conference calls (briefings) to update the City on upcoming deliverables and discuss any potential issues that may impact the scope of work. EPD will draft agendas in advance of these meetings and deliver minutes via email to the entire project team. The minutes will identify action items and the responsible party to implement said action item. In addition to standing meetings, EPD will be available to the project team and City staff to answer questions, address concerns, or to clarify issues as they arise.

The project manager will be responsible for managing (1) task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team and City to ensure that City policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the CEQA document; and (4) ensuring that the environmental review process and the CEQA document satisfy the statutes and guidelines of CEQA and CEQA procedures.

This scope of work assumes attendance at one public hearing by the project manager and the principal in charge and project management of 2 hours per month of the 3-4-month duration of the CEQA portion of the project.

FEES & EXPENSES
EPD proposes the following labor fees. Tasks 2 through 4 will be billed as fixed fees at the conclusion of each task or subtask; Task 6 will be billed on a time-and-materials basis, with the balance billed following filing of the NOE.

Proposed Work Scope Tasks Proposed Fee
Task 1: Project Initiation and Project Description $5,100 Project Initiation $2,100
Project Description $3,000
Task 2: Technical Studies $48,890

2.1: Peer Review of Applicant Studies $4,025

2.2: Air Quality & GHG Emissions Analysis $12,960

2.3: Energy Analysis $2,080

2.4: Noise Impact Analysis $9,875
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Proposed Work Scope Tasks Proposed Fee

2.5: Cultural/Paleontological Resources Assessment $6,600

2.6: Traffic Impact Analysis $5,450
Task 3. Initial Study $25,250

3.1: Administrative Draft $18,950

3.2: Public Review Draft $3,275

3.3: Response to Comments $3,025
Task 4. Notice of Exemption $1,050
Task 5. CEQA Project Management $10,300
Management $6,100
Meetings $4,200
Estimated Fees & Expenses $900
TOTAL (Without Estimated Expenses) $88,940
TOTAL (With Estimated Expenses) $89,840
The reimbursable Estimated Expenses (mileage, reprographics, shipping) are an estimate only. This budget does not include direct expenses, processing or application fees, or deposits for environmental consultants contracted directly by the client. Expenses would be billed per the attached Provisions of Agreement.

Our cost estimate is based on our scope of services and schedule, and the following assumptions:
 The cost estimate is valid for up to 180 days from the date of submittal/opening, after which it may be subject to revision.
 Costs have been allocated to tasks to determine the total budget. EPD may reallocate costs among tasks, as needed, as long as the total budget is not exceeded.  Additional review cycles or additional versions of administrative drafts of any documents beyond the assumptions contained within the scope of work will constitute additional work.

The budget is based on completion of work within a maximum 6-month schedule. If a delay of 90 days or more occurs as a result of circumstances beyond control we reserve the right to adjust our budget to account for increased labor rates and other costs.

Thank you again for the opportunity to work on this project. Should you have any questions, please do not hesitate to contact me at (949) 794-1183 or [email protected].

Sincerely,
EPD Solutions, Inc.

Konnie Dobreva, JD
Vice President of Environmental Planning
Enclosure (1)
To begin work, EPD requires this agreement be signed by the client below.

Agreed to by:

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__________________________ _____________
Signature Date
________________________________________
Printed Name and Title
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PROVISIONS OF AGREEMENT
The City of Lake Elsinore (“Client”) and Environment | Planning | Development Solutions, Inc. (“Consultant”) agree that the following Provisions of Agreement (“Provisions”) shall be part of the agreement to Client dated January 31, 2022 for the services described therein (“Project”) to which these Provisions are attached and both shall be considered and constitute the “Agreement” referenced herein.

I. DEFINITIONS:

1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and obligations under this Agreement. Both Client and Consultant shall endeavor to maintain good working relationships among members of the project team.

2. Ownership of Instruments of Service: All documents prepared or furnished by Consultant pursuant to this Agreement are Consultant’s Instruments of Service, have been prepared for use solely with respect to this Project, and Consultant shall retain an ownership and property interest therein. Consultant grants Client a license to use Consultant’s Instruments of Service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by Client, without Consultant’s written permission, shall be at Client’s sole risk, and Client agrees to indemnify and hold Consultant harmless from all claims, damages and expenses, including attorneys’ fees, arising out of such reuse by Client or by others acting through Client.

Client acknowledges that Consultant’s Instruments of Service may be stored and delivered to Client and others in electronic files (“Data”), and that anomalies and errors can be introduced into the Data when it is transferred or used in conjunction with incompatible computer equipment or software. Consultant’s Data is being furnished "as is" and Consultant shall have no duty to modify or update the Data unless a part of the approved Project. Consultant reserves the right to retain an archival paper or electronic copy of the Data delivered to Client or the general contractor which shall be referred to and shall be conclusive proof and govern in all disputes over the form or content of the Data furnished by Consultant.

If Consultant is not paid in full for all its services, Client shall, upon demand, return Consultant and Consultant’s sub-consultants Instruments of Service and refrain from using Instruments of Service for any purpose whatsoever.

II. CONSULTANTS RESPONSIBILITIES:

1. Consultant will perform its professional services in the manner identified in the Agreement for the identified fixed fees and budgeted items, excluding direct expenses. Services provided on a time and materials basis or additional services will be charged based on the following hourly billing rates:

List of Standard Hourly Rates
Position Hourly Rate
President/Principal $275 - $300
Vice President of: Planning; Environmental Planning; Development; Transportation Planning; Construction Management; Engineering; Design
$250 - $275
Senior Director of: Planning; Environmental Planning; Development; Transportation Planning; Construction Management; Engineering; Design
$240 - $260
Director of: Planning; Environmental Planning; Development; Transportation Planning; Construction Management; Engineering; Design
$230 - $250
Senior: Project Manager; Planner; Transportation Planner; Engineer; Environmental Planner; Associate
$195 - $230
Project Manager; Associate Engineer $175 - $195
Associate: Planner; Environmental Planner; Transportation Planner $160 - $175 Assistant: Project Manager; Environmental Planner; Transportation Planner; Project Planner; Engineer
$150 - $160
Project Coordinator; GIS Analyst; Drafter $135 - $150
Support Staff $85 - $135
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Once the maximum fee is reached, Consultant will stop work unless Consultant and Client agree to increase the maximum fee amount or Client agrees to pay for additional services in accordance with Consultant's billing rates identified herein.

This rate schedule is subject to change due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement.

2. Consultant will complete professional services described in this Agreement as expeditiously as is consistent with, and limited to, Consultant’s standard of care.

3. This Agreement comprises the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by an authorized representative of both Client and Consultant.

4. If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Client and Consultant hereto. Client and Consultant agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision.

5. If the scope of services includes Consultant's assistance in applying for governmental permits or approvals, Consultant's assistance shall not constitute a representation, warranty or guarantee that such permits or approvals will be acted upon favorably by any governmental agency.

6. Governing Law: The laws of the state in which the Project is located shall govern the validity and interpretation of this Agreement.

7. Construction Observation: Consultant shall visit the project at intervals appropriate in the Consultant’s professional opinion, during construction to become generally familiar with the progress and quality of contractor’s work and to determine if the work is proceeding in general accordance with the Contract Documents. Client has not retained Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project.

If Client desires more extensive project observation or full-time project representation, Client shall request such services be provided by Consultant as Additional Services in accordance with the terms of this Agreement.

It is agreed that Consultant’s services under this Agreement do not include project observation, review of contractor’s performance or any other construction phase services. Client assumes all responsibility for all construction phase services including, but not limited to:
a. Submittal review and approval
b. Contract document interpretation
c. Site observations
d. Change order review and approval
e. Review and approval of contractor payment applications f. Certificates of substantial and final completion
g. Preparation and disposition of punch lists
h. Responding to contractor requests for information
i. Administration of any operational and maintenance training including collection operational and training manuals
Client waives any claims against Consultant that may be in any way connected with Client’s decision not to retain Consultant to performance construction phase services. Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, directors, employees and sub-consultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 Proposal for CEQA Analysis for Lakeshore Residential Project January 31, 2022 Page 12
defense costs, arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to Contract Documents to reflect changed field or other conditions.

Client, Client’s contractors or subcontractors, or anyone for whom Client is legally liable shall assume full responsibility for the results of any changes made to the Contract Documents during construction. Client agrees to waive any claims against Consultant and to release Consultant from any liability arising directly or indirectly from such changes.

Contract Documents Definition: The Contract Documents consist of the agreement, conditions of the contract (general, supplementary and other conditions), drawings, specifications, addenda issued prior to execution of the Agreement, other documents and modifications issued after execution of the Agreement.

8. Jobsite Safety: Consultant shall not supervise, direct or have control over general contractor or its subcontractors, regardless of tier, any employee or agent thereof (hereinafter “Contractor”) work. Consultant shall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of Contractor. Consultant does not guarantee the performance of the construction contract by Contractor and does not assume responsibility for Contractor’s failure to furnish and perform its work in accordance with the Construction Documents.

III. CLIENT’S RESPONSIBILITIES

1. Client acknowledges that its right to utilize reports and other documents of Consultant provided pursuant to this Agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this Agreement, and Client has performed all its obligations under this Agreement, including but not limited to payment for services rendered.

2. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes, use or reuse of the electronic files for any other project by anyone other than Consultant.

3. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this Agreement.

4. Consultant will provide Client with monthly invoices for services rendered and costs advanced. Client agrees that all billings from Consultant to Client are correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing.

5. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. If Client notes any inaccuracies, discrepancies, or errors in billing pursuant to Article III, late fees shall only apply beginning on the thirty-one (31) days after the inaccuracies, discrepancies, or errors have been corrected.

IV. OWNERSHIP AND USE OF DOCUMENTS AND DATA

1. Prints or document printing will be billed directly to Client by the print company at no additional Consultant administrative cost or billed by Consultant at cost plus fifteen percent (15%). All other reimbursable expenditures will be invoiced at cost plus fifteen percent (15%) handling fee. Sub-consultant costs will be billed at cost plus twenty-five percent (25%). Mileage will be billed at the standard Federal rate as provided for under Internal Revenue code.

2. Standard of Care: Consultant’s services shall be provided consistent with and limited to the standard of care applicable to such services, which is that Consultant shall provide its services consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the same or similar circumstances.

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3. Survival: Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled hereunder and termination of this Agreement.

V. RISK ALLOCATION

1. Waiver of Consequential Damages: Notwithstanding any other provisions in this Agreement, Client and Consultant each waive consequential damages against the other party. Notwithstanding anything to the contrary set forth herein, the foregoing waiver shall not apply if the consequential damages are covered by Consultant’s insurance policy.

2. Indemnity: Consultant and Client each agrees to indemnify and hold harmless the other (Indemnitor and Indemnitee), and their respective principals, officers, directors, partners, employees, and any other entity or person for which Indemnitor and Indemnitee is legally liable, from and against any damages, losses, liabilities, judgments, settlements, expenses, and costs (including reasonable and necessary attorneys' fees, costs and expenses recoverable under applicable law), that Indemnitee incurs as a result of third party claims, demands, actions, suits or matters connected therewith, to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Indemnitor in the performance of services under this Agreement and any other entity or person for which the Indemnitor is legally liable.

Notwithstanding the foregoing, if Indemnitor’s obligation to indemnify arises out of Indemnitor’s performance of services for the Project as a “design professional,” as that term is defined in California Civil Code Section 2782.8, Indemnitor’s indemnity obligation shall be limited in accordance with the provisions of Section 2782.8 as it was in effect as of the date of this Agreement.

3. Waiver of Personal Liability: It is intended by the parties to this Agreement that Consultant or its subconsultant(s) services in connection with this Project shall not subject Consultant’s or its sub-consultant(s) individual employees, officers or directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary contained herein, Client agrees that as Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a California corporation or its incorporated subconsultant(s), and not against any of Consultant’s or its sub-consultant(s) individual employees, officers or directors.

4. Consultant will be legally liable for only the services expressly undertaken pursuant to this Agreement, and not otherwise. Consultant will not be legally liable for the providing of, or the failure to provide other services, even if information from others is incorporated into Consultant's instruments of service for ease of reference or otherwise. Further, and without limitation, Consultant will not be responsible for delays or other matters beyond its reasonable control; for inaccurate information provided to it by Client or other reasonably reliable sources; for site conditions of which it was not informed; for hazardous materials or toxic substances at the Project site; for construction means, methods, techniques, sequences or procedures, including without limitation excavation, shoring, demolition or erection procedures or construction safety precautions and programs; for the timeliness or quality of contractor performance or for the failure of any contractor to perform work in accordance with the Project’s construction documents; or for actions or inaction of third parties including other consultants, utility companies and governmental or quasi-governmental agencies.

5. Limitation of Liability: To the extent permitted by law, the total liability, in the aggregate, of Consultant and its employees, officers, directors, members, partners, agents, and consultants, to Client, its subsidiary and/or affiliated companies and its respective employees, officers, directors, members, partners, agents and anyone claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of, resulting from or in any way related to Consultant’s services, the Project or this Agreement, or any addenda, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of express or implied contract or warranty shall not exceed a total amount of $50,000.

6. Certification: Consultant shall not be required to execute certificates, consents or reliance letters that would require knowledge, services or responsibilities beyond the scope of this Agreement, and shall not be required to sign any documents that would result in Consultant having to certify the existence of conditions whose existence Consultant cannot reasonably ascertain beyond its standard of care.

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7. Unauthorized Changes to Plans: In the event Client, Client's contractors or subcontractors or anyone for whom Client is legally liable, makes or permits any changes to be made to any reports, plans, specifications or other construction documents prepared by Consultant without obtaining Consultant's prior written consent, Client agrees to waive any claim against Consultant and to release Consultant from any liability arising directly or indirectly from such changes. In addition, Client agrees (1) to the fullest extent permitted by law, to indemnify and hold harmless Consultant from any damages, liabilities or costs arising from such change, and (2) to include in any contracts for construction appropriate language that prohibits any contractor or subcontractors of any tier from making any changes or modifications to Consultant's construction documents without the prior written approval of Consultant and that further requires contractor to indemnify both Consultant and Client from any liability or cost arising from such changes made without such proper authorization.

VI. INSURANCE

1. Insurance: Consultant shall purchase business insurance as follows:
a. Professional Liability Insurance, with prior acts coverage sufficient to cover the services performed under this Agreement, and policy limits in an amount of $1,000,000 each claim and $2,000,000 annual policy period aggregate limit.

Consultant specifically agrees, pursuant to this Agreement, to waive any rights of recovery against Client because of any payment made to the extent coverage is provided by the policy. b. Commercial General Liability Insurance (ISO CG 0001 0413), or another equivalent occurrence-based policy form, including coverage for bodily injury and property damage liability arising out of premises, operations, completed operations, and products in addition to advertising injury and personal injury liability coverage with a per project limit of not less than $1,000,000 each occurrence and $2,000,000 general aggregate limit.

Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client and Client-designated additional insured(s), to the extent coverage is provided by the policy, caused in whole or in part by Consultant or those acting on Consultant’s behalf. Additional insured coverage shall be provided by a combination of the CG2010 0413 and CG2037 0413 endorsements, or other comparable endorsement(s). ii. Primary and Non-Contributory Provision: The insurance provided to Client-designated additional insured(s) is primary to other insurance, which covers such additional insured as a named insured, and will not share with that other insurance to the extent coverage is provided by the policy. Primary and Non-contributory coverage shall be provided by CG2401 0413, or other comparable endorsement. iii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against Client-designated additional insured(s), because of any payment made to the extent coverage is provided by the policy. Waiver of Subrogation provision shall be provided by CG2404 0509, or other comparable endorsement.
c. Owned, Hired and Non-Owned Automobile Liability Insurance, with a limit of not less than $1,000,000 combined single limit for bodily injury and property damage liability arising out of the maintenance or use of any policy covered hired or non-owned automobile by Consultant or Consultant’s employees in the course of Consultant’s business.

Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client-designated additional insured(s), to the extent coverage is provided by the policy.
ii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against Client-designated additional insured(s), because of any payment made to the extent coverage is provided by the policy.

DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 Proposal for CEQA Analysis for Lakeshore Residential Project January 31, 2022 Page 15
d. Commercial Umbrella or Excess Liability Insurance, on a follow form basis with a limit of not less than $2,000,000 each occurrence and $2,000,000 general aggregate limit. Coverage shall be excess of commercial general liability, hired and non-owned automobile liability and employers’ liability with such coverage being concurrent with underlying insurance.
e. Workers’ Compensation Insurance, covering Consultant’s employees in accordance with statutory requirements of all jurisdiction(s) in which Services are being performed and Employers’ Liability Insurance in an amount of:

Bodily Injury by Accident: $1,000,000 Each Accident
Bodily Injury by Disease: $1,000,000 Policy Limit
Bodily Injury by Disease: $1,000,000 Each Employee
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against Client because of any payment made to the extent coverage is provided by the policy. Waiver of subrogation provision shall be provided by WC 04 03 06 (Ed. 4-84) from the Workers’ Compensation Insurance Rating Bureau or WC 00 03 13 (Ed. 4-84) from the National Council on Compensation Insurance, or other comparable endorsement.
f. Certificates of Insurance: Prior to the commencement of this Agreement and upon the renewal of any of the insurance policies required hereunder, Consultant shall furnish certificates of insurance to Client as evidence of the insurance listed in Article VI.

2. Compliance with Code: Consultant shall exercise due and reasonable professional care in observing those federal, state, and local codes, standards, statutes, and regulations applicable at the time Consultant renders service. Notwithstanding the foregoing, Consultant has no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. It is understood, however, that various codes and regulations are subject to varying and sometimes contradictory interpretation. Consultant shall exercise its professional skill and care consistent with, and limited to, the generally accepted standard of care to provide a design that complies with such regulations and codes.

VII. DISPUTE RESOLUTION

1. (a) Except as provided in subdivisions (b) and (c), in an effort to resolve any conflicts that arise during the design or construction of the project or following completion of the project, Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation, unless the parties mutually agree otherwise.(b) Subdivision (a) shall not preclude or limit Consultant's right to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court.(c) Subdivision (a) shall not preclude or limit Consultant's right to record.

2. Reliance on Information Provided by Others: Consultant shall be entitled to rely, without liability, on the completeness and accuracy of any and all information and data provided by Client, Client’s consultants and contractors, and information from public records, without the need for independent verification. Notwithstanding the foregoing, Consultant shall use its reasonable judgment and experience in determining whether such reliance is advisable.

Client will also require its consultants and contractors to promptly notify Client if its consultants or contractor(s) observes or becomes aware of faults or defects in documents prepared by Consultant and Client will provide prompt written notice to Consultant.

3. Assignment: Neither Consultant nor Client may assign its obligations, interests, or delegate its duties under this Agreement (including monies that are due or monies that may be due) without prior written permission of the other party, which consent shall not be unreasonably withheld.

4. Severability: If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Consultant and Client hereto. Consultant and Client agree to reform this Agreement to DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 Proposal for CEQA Analysis for Lakeshore Residential Project January 31, 2022 Page 16
replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision.

VIII. GENERAL PROVISIONS

1. Suspension of Services: Services may be suspended in the event of the following:
a. A substantial failure of performance by either party. b. Any Client’s payment is more than 30 calendar days past due and Consultant shall have no liability to Client for delay or damage caused Client because of such suspension of services. c. Before resuming services, Client shall pay Consultant all sums due prior to such suspension and expenses incurred in the interruption and resumption of Consultant’s services. Consultant’s fees for the remaining services and the time schedules shall be equitably adjusted. d. If the Project is abandoned or suspended in whole or part for more than a cumulative ninety (90) calendar days or indefinitely postponed either party may terminate this Agreement and Consultant shall be paid for all services provided.
e. If the Project is resumed after a delay of more than ninety (90) calendar days in the aggregate, Consultant shall be entitled to additional compensation for remobilization costs and the time schedules shall be equitably adjusted.

2. Termination: Either party may terminate this Agreement upon seven (7) working days' written notice to the other party, with or without cause. Said notice shall be deemed to be effective upon delivery to the other party. In the event of termination by Client, Consultant shall cease work at the time specified or if no time is specified, at the end of the day on the day receipt of the notice. Consultant shall be paid in full for services performed and expenses incurred to date as reasonably agreed upon by both parties.

3. Third-Party Beneficiaries: Client and Consultant agree that services performed by Consultant under this Agreement are solely for the benefit of Client, and are not intended by either Client or Consultant to benefit any other person or entity including, but not limited to, the Project contractor and/or any of its subcontractors. Any such benefit is purely incidental and such other person shall not be deemed a thirdparty beneficiary of this contract.

4. Governing Law: This Letter Agreement shall be governed in accordance with the laws of the state in which the Project is located, excepting those provisions dealing with conflicts of laws.

DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/1/2021
License # 0E67768
(925) 416-7862
20443
Environment Planning Development Solutions Inc dba EPD
Solutions Inc
2 Park Plaza, Suite 1120
Irvine, CA 92614
29424
A 2,000,000
X X B6025654530 6/23/2021 6/23/2022 1,000,000
10,000
2,000,000
4,000,000
4,000,000
A 1,000,000
X X B6025654530 6/23/2021 6/23/2022
A 4,000,000
X X B 6025663132 6/23/2021 6/23/2022 4,000,000
10,000
B
X 57 WEG AC20BW 9/30/2021 9/30/2022 1,000,000 N 1,000,000 1,000,000
A Professional Liab. X EEH591923312 9/30/2021 Per Claim 2,000,000 A Professional Liab. X EEH591923312 9/30/2021 9/30/2022 Aggregate 4,000,000 Lakeside Project (PA 2021-11)
As required by Certificate Holder written contract or agreement, in-addition to (if applicable) the governing written contract or agreement: (1) Commercial General Liability policy shall include (a) additional insured coverage and contain (b) primary & non-contributory and (c) waiver of subrogation provisions for any additional insured; (2) to the extent applicable, Automobile Liability policy shall include (a) additional insured coverage and contain (b) primary & noncontributory and (c) waiver of subrogation provisions for any additional insured; (3) to the extent applicable, Commercial Excess Liability policy shall apply on a follow-form basis, excess of commercial general liability, automobile liability and employers’ liability policy(ies) with such coverage being concurrent with underlying insurance; (4) to the extent applicable, Workers Compensation and Employers’ Liability policy shall include a waiver of subrogation provision; SEE ATTACHED ACORD 101
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
ENVIPLA-02 SUMMANR
IOA Insurance Services
3875 Hopyard Road
Suite 200
Pleasanton, CA 94588
Rita Summan
[email protected]
Continental Casualty Company
Hartford Casualty Insurance Company
X
9/30/2022
X
X
X
X X
X
X
X
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:

LOC #:

AGENCY NAMED INSURED

POLICY NUMBER

CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

IOA Insurance Services
ENVIPLA-02
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0E67768
1 SEE P 1
Environment Planning Development Solutions Inc dba EPD Solutions Inc 2 Park Plaza, Suite 1120
Irvine, CA 92614
SEE PAGE 1

SUMMANR
1 Description of Operations/Locations/Vehicles:
(5) Professional Liability policy shall apply on a claims-made basis and include a waiver of subrogation provision. (a) City and its officers, employees, servants, volunteers and authorized agents and independent contractors, including without limitation, the City Manager
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769

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DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 SB146902G (6-16) Policy No:

Page 1 ends

Effective Date:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE FORM

BUSINESSOWNERS COMMON POLICY CONDITIONS

SCHEDULE
Insurance is provided only with respect to those coverages for which a specific limit is shown:

COVERAGE LIMIT
Hired Auto Liability: $ _______________
Non-owned Auto Liability: $ _______________
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

PROVISIONS
A. COVERAGE
With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to “bodily injury” or “property damage” arising out of the maintenance or use of a:
• "Hired auto" used by you or your “employee” in the course of your business; and/or • "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test driving in connection with an "auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to:

1. Delete paragraph A.1.b.(1)(b) and replace it with the following:
b. This insurance applies:
(1) To “bodily injury” and “property damage” only if:
(b) The “occurrence” occurs during the policy period; and

2. Delete paragraph A.1.b.(2),.

B. LIMITS OF INSURANCE
With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following:

D. Limits Of Insurance

1. Regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; c. Persons or organizations making claims or bringing "suits"; or

06/23/2021 B6025654530 1,000,000
1,000,000
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 SB146902G (6-16) Policy No:

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Effective Date:

Insured Name:
© CNA All Rights Reserved.
d. "Autos,"
the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury" and "property damage" resulting from any one “occurrence” arising out of the maintenance or use of a “hired auto” or “non-owned auto”.

C. EXCLUSIONS
With respect only to the insurance provided by this endorsement:

1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d., e., f. and i. and to add the following exclusions:

This insurance does not apply to:
• Fellow Employee
"Bodily injury" to:
(1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister of that fellow “employee” while as a consequence of Paragraph (1) above.
• Care, Custody or Control
"Property Damage" to:
(1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured.

D. WHO IS AN INSURED
With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following:

Each of the following is an insured under this insurance to the extent set forth below:

1. You;

2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business.

3. Anyone else including any partner or "executive officer" of yours while using with your permission a "hired auto" or a "non-owned auto" except:
a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non-owned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household;

06/23/2021 B6025654530
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 SB146902G (6-16) Policy No:

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Effective Date:

Insured Name:
© CNA All Rights Reserved.
c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household;
e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more;
f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business" you operate;
g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a "hired auto" or a "non-owned auto"; or

4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2. or 3. above.

E. AMENDED DEFINITION
The Definition of "insured contract" in Section F – Definitions is amended by the addition of the following exceptions to paragraph f.:

Paragraph f. does not include that part of any contract or agreement:
• That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or
• That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority.

F. ADDITIONAL DEFINITIONS
Section F. Definitions is amended by the addition of the following definitions:
a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos."
b. "Hired auto" means any "auto" you or your "employee" lease, hire, rent or borrow in the course of your business. This does not include:
i. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or
ii. Any "auto" you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members of their households.
c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the "occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of the "occurrence." If you are a sole proprietor, "non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of the "occurrence."

06/23/2021 B6025654530
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 SB146902G (6-16) Policy No:

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Effective Date:

G. With respect only to the operation of a "hired auto" or "non-owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following:

H. Other Insurance

1. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is excess over any other collectible insurance.

However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your "employee."

2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

06/23/2021 B6025654530
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date: 09-30-2022

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEG AC20BW Endorsement Number:

Effective Date: 09/30/2021 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Environment Planning Development Solutions Inc dba EPD Solutions Inc 2 Park Plaza, Suite 1120
Irvine, CA 92614
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
2 PARK PLZ STE 1120 Business Type:

IRVINE, CA 92614-8564

EPD SOLUTIONS
2 PARK PLZ STE 1120
IRVINE, CA 92614-8564
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124

EPD SOLUTIONS
SAME

CONSULTING SERVICES

ENVIRONMENTAL, DEVELOPMENT &

PLANNING CONSULTANT
026157
7/28/2021 7/31/2022
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 39F944B2-271D-45A2-B8D7-E3653F76C769

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REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: January 10, 2023
Subject: Cooperative Funding Agreement Between County of Riverside and the City of Lake Elsinore for Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements
Recommendation
Approve the Cooperative Funding Agreement with County of Riverside in substantially the form attached and in such final form as approved by the City Attorney for the Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements in the not to exceed amount of $83,536.44.

Background
This agreement will establish the funding and construction of the two (2) agencies involved in the Slurry Seal and Curb Ramp Accessibility Project delivery.

The total cost of the Slurry Seal Improvements requested by the City of Lake Elsinore is shown on Exhibit “B” of the Agreement. The City contribution of the requested Street Improvements of the project shall not exceed Eighty-Three Thousand Five Hundred Thirty-Six Dollars and Fortyfour Cents ($83,536.44) The Implementing Agency is the party responsible for managing the scope, cost, schedule, and quality of the work activities and products of a project component. County of Riverside is the Plans, Specifications, and Estimate (PS&E) Implementing Agency.

Discussion
The County currently has a Roadway Improvement Project along the the east and west sides of Grand Avenue from Machado Street to Audelo Street, which includes work outside of the County’s jurisdiction. County and City have mutually agreed that the following wide local streets segments are in need of roadway improvements: segment 1 is Audelo St. from 877’ E of Grand Ave to Grand Ave (approximately 877 linear feet by 20 feet wide), segment 2 is Audelo St. from Coop Funding Agreement

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877’ E of Grand Ave to Rocking Horse Ct. (approximately 650 linear feet by 33 feet wide), segment 3 is Machado St. from 200’ N of Alvarado St. to 700’ N of Grand Ave. (approximately 2,230 linear feet by 38 feet wide), segment 4 is Machado St. from 700’ N of Grand Ave. to Grand Ave. (approximately 700 linear feet by 30 feet wide), segment 5 is Meadowlake Ln. from Natalie Dr. to 1250’ SW of Natalie Dr. (approximately 1,250 linear feet by 36 feet wide), segment 6 is Natalie Dr. from Machado St. to Meadowlake Ln. (approximately 330 linear feet by 36 feet wide), segment 7 is Patrick Ct. from Grand Ave. to 286’ W of Grand Ave. (approximately 286 linear feet by 28 feet wide)
In addition to slurry seal, project also includes traffic control, rout and seal random cracks, replacement of any pavement markings, including cross walks, striping and raised pavement markers.

City and County have determined that it is more economical to have the County complete the Street Improvement Project under its contract for the Project; Fiscal Impact
The City will reimburse County of Riverside the City’s contribution of the requested Street Improvements of the project the amount of Seventy-Six Thousand Five Hundred Seventeen Dollars ($83,536.44). Funds are allocated within the adopted CIP Budget.

Attachments
Attachment 1- Cooperative Agreement
Attachment 2- Vicinity Map
Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 1 1 2
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29 SERVICE AGREEMENT BY AND BETWEEN

COUNTY OF RIVERSIDE
AND

CITY OF LAKE ELSINORE
FOR
AUDELO ST., MACHADO ST., MEADOWLAKE LN., NATALIE DR., PATRICK CT.

SLURRY SEAL IMPROVEMENTS
This Agreement is entered into this ______ day of ______________________, 20__, by and between the County of Riverside, a political subdivision of the State of California, on behalf of its Transportation Department (hereinafter "COUNTY") and the City of Lake Elsinore, a municipal corporation, (hereinafter “CITY”) for slurry seal improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.

RECITALS
A. WHEREAS, CITY has determined to seal the existing asphalt surface on Audelo St., Machado St., Meadowlake Ln., Natalie Dr., and Patrick Ct. which consists of the following segments: segment 1 is Audelo St. from 877’ E of Grand Ave to Grand Ave (approximately 877 linear feet by 20 feet wide), segment 2 is Audelo St. from 877’ E of Grand Ave to Rocking Horse Ct. (approximately 650 linear feet by 33 feet wide), segment 3 is Machado St. from 200’ N of Alvarado St. to 700’ N of Grand Ave. (approximately 2,230 linear feet by 38 feet wide), segment 4 is Machado St. from 700’ N of Grand Ave. to Grand Ave. (approximately 700 linear feet by 30 feet wide), segment 5 is Meadowlake Ln. from Natalie Dr. to 1250’ SW of Natalie Dr. (approximately 1,250 linear feet by 36 feet wide), segment 6 is Natalie Dr. from Machado St. to Meadowlake Ln. (approximately 330 linear feet by 36 feet wide), segment 7 is Patrick Ct. from Grand Ave. to 286’ W of Grand Ave. (approximately 286 linear feet by 28 feet wide) in the Lake Elsinore area of Riverside County (“CITY PROJECT”).

B. WHEREAS, CITY has determined that it requires construction services to place the slurry seal on Audelo St., Machado St., Meadowlake Ln., Natalie Dr., and Patrick Ct. as shown in Exhibit A and that a Slurry Seal Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 2 1 2
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29 will be applied that consists of the application of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an existing asphalt concrete pavement surface.

C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal random cracks, replacement of any pavement markings, including cross walks, striping and raised pavement markers.

D. WHEREAS, COUNTY has Slurry Seal improvement projects within the jurisdictional boundaries of COUNTY, which Slurry Seal improvement projects are sometimes hereinafter referred to collectively as “COUNTY PROJECT”.

E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT since COUNTY has extensive experience in the development and implementation of similar type projects.

F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT.

G. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:

SECTION 1 • COUNTY AGREES to:

1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement funding for or to continue with the CITY PROJECT, if funds are not available.

2. Furnish CITY with detailed Plans, Specifications & Estimate (PS&E) documents for the CITY PROJECT.

Final plans for improvements are prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY. COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 3 1 2
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29 portion of the PS&E documents, which approval shall not be unreasonably withheld.

3. Direct COUNTY’s contractor to identify any existing surface utility facilities within the limits of the CITY PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E.

4. Direct COUNTY’s contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT.

5. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT and the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CITY.

6. Furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT.

7. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.

8. Construct the CITY PROJECT in accordance with approved PS&E documents.

9. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. If any contract change order causes the construction contract to change by less than 10% of the bid amount for CITY PROJECT, COUNTY is authorized by CITY approval of this Agreement to move forward with such change.

10. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 4 1 2
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29 are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.

11. Provide CITY one complete set of reproducible as-built plans and all contract documents including calculations, estimates, and other documents produced as part of this contract within ninety (90) days after completion and acceptance of the CITY PROJECT.

SECTION 2 • CITY AGREES to:

1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit “B”. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit “B”, CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1.

2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, Eighty-Three Thousand Five Hundred Thirty-Six Dollars and Forty-four Cents ($83,536.44) (the “Deposit”), which represents one hundred percent (100%) of the costs to complete construction including construction administration, inspection and materials testing and contingency for CITY PROJECT, as provided in Exhibit “B”.

3. Prepare and approve CEQA clearance for the CITY PROJECT.

4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY‘s contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT and CITY PROJECT.

5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT.

6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the CITY PROJECT and to verify facilities are constructed as required by this Agreement.

7. Pay COUNTY for any final costs associated with the CITY PROJECT that are in excess of the Deposit as determined pursuant to Subsection 10 of Section 1.

Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 5 1 2
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29 SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:

1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit “B”, COUNTY may award the contract.

2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY within forty-five (45) days of termination.

3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of CITY PROJECT, or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for CITY PROJECT.

4. The total cost to CITY to complete construction, including construction administration, inspection and materials testing and a ten percent (10%) contingency for CITY PROJECT is estimated to be Eighty-Three Thousand Five Hundred Thirty-Six Dollars and Forty-four Cents ($83,536.44) as detailed in Exhibit “B”.

5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.

6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.

7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the Slurry Seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 6 1 2
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19 20
21 22
23 24
25 26
27 28
29 policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured.

COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance.

COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.

8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership.

9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within CITY right of way except as specified in this Agreement or future agreements.

10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.

11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.

12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.

13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 7 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 this Agreement upon ninety (90) days written notice to CITY.

14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.

15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:

COUNTY: CITY:

Riverside County Transportation Department City of Lake Elsinore Attn: Mark Lancaster Attn: Remon Habib
Director of Transportation City Engineer
4080 Lemon Street, 8th Floor 130 South Main Street
Riverside, CA 92501 Lake Elsinore, CA 92530
Phone: (951) 955-6740 Phone: (951) 674-3124 ext. 213
Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 8 1 2
3 4
5 6
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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:

MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:

COUNTY COUNSEL

By______________________________________

DANIELLE MALAND
Deputy County Counsel

APPROVAL BY THE BOARD OF SUPERVISORS
_______________________________________

JEFF HEWITT

PRINTED NAME
Chair, Riverside County Board of Supervisors
ATTEST:
_______________________________________
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY OF LAKE ELSINORE Approvals
APPROVED BY:
_____________________________________

PRINTED NAME
City Manager
APPROVED AS TO FORM:
_____________________________________

PRINTED NAME
City Attorney
ATTEST:
_____________________________________

PRINTED NAME
City Clerk
Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 9 1 2
3 4
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9 10
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29 EXHIBIT A

VICINITY/ CITY PROJECT MAP
Audelo St., Machado St., Meadowlake Ln., Natalie Dr., Patrick Ct. Slurry Seal Improvements County of Riverside & City of Lake Elsinore Service Agreement 10 1 2
3 4
5 6
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9 10
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29 EXHIBIT B

CITY PROJECT BUDGET
ESTIMATED COSTS:

TASK COSTS
Construction $66,536.44
Contingency (10%) $7,000.00
Administration, Inspection & Testing (15%) $10,000.00
TOTAL COST $83,536.44
³
0 500 1,000 2,000
Feet
Slurry Seal Projects FY22-23
Slurry Seal Type I
( Maintained Traffic Signals
( School Parcels

ALVARADO ST

AMOROSE ST

TOFT DR

MACHADO ST

VIA LAKISTAS

PLUMAS ST

VIA BONICA

SARABIA ST

GOLONDRINA ST

VIA CARIBIA

EUREKA ST

AUDELO ST

BROOKSTONE LN

ROCKRIDGE RD

MARCOLESCO LN

COPLASA ST

MONTY CT

AINSWORTH PL

PRINCO ST

VIA VIOLETTA

COBRE ST

AUDELO ST

LAKE ELSINORE

LANCASHIRE DR
SARABIA ST M3794

RIVERSIDE DR
HILL ST M1501
LIME ST M1265
GRAND AVE S1180C
JAMIESON ST M1227

FRIARTUCK WAY
OREGON ST M11197A

LITTLEJOHN WAY
WESTLYNN DR M1754
KINGSWAY DR M1755
DARNELL DR M1756

MANDAVILLE WAY
MACY ST M1281
MACHADO ST S1279
WASHINGTON ST M1468
ALVAR ADO ST M3785
TEMPE ST M3228
PLUMAS ST M3793
SH-74

GRAND AVE
AMOROSE ST M3849
RIVERSIDE DR M1379
MAGDALENO CT M3784
SHERWOOD DR M11350A
TOFT DR M3853
PAYNE ST M1766
LAGUNA AVE M1250
FAIRVIEW ST M3791
HARTLEY ST M1767
AMOROSE ST M3849

RIVERSIDE DR
GRAND
AVE

RIVERSIDE DR
GRAND AVE S1180C
AMOROSE ST M3849
GRAND AVE S1180C
GRAND
AVE S1180C

RIVERSIDE DR
GRAND AVE S1180C

GRAND AVE
DARNELL DR M1756

JOY AVE

MACY ST

ULLA LN

LE GAYE ST

ZIEGLINDE DR

ALLIS ST

LAKE CREST DR

PIERRE LN

LINCOLN ST

PARKVIEW DR

LE HARVE AVE

AMBER LN

QUAIL DR

GRAND AVE

LARSON RD

RAVEN DR

HIGHLANDS RD

MIMOSA DR

IRONWOOD ST

ETIENNE ST

MACHADO ST

WOODCREST DR

TOURS ST

TILLER LN

VIA VERDE

KEVIN PL

FICUS ST

VERSAILLES ST

VIA VALDEZ

BREAKWATER ST

CRESTVIEW DR

MARINERS WAY

SOISSONS ST

BIARRITZ ST

AMOROSE ST

HEATHER LN

ADAMS ST

VIA CORDOVA

LAUREL LN

COTTAGE LN

CHRISTINA CT

SERENA WAY

CORAL CT

ROBIN DR

DANIELLE WAY

NASHLAND AVE

KNOLLWOOD ST

EISENHOWER DR

FLANNERY ST

AUDREY DR

TEAKWOOD ST

MONROE ST

CAMPHOR WAY

OLIVE GROVE ST

LAUSANNE ST

MCKINLEY ST

DOLLY DR

PINYON ST

BUCHANAN ST

WINDOVER CT

ROCKING HORSE CT

MARITIME CIR WINDJAMMER WAY

KEEL DR

MARI DR

TIMEY ST

LAKE TRAIL CIR

CLEVELAND CT

NORTH LAKE DR

LAKE MEADOW CT

DIJON ST

AUDELO ST

SUGARPINE ST

MEADOWLAKE LN

GRANT DR

NATALIE DR

CHAUMONT ST

TERRA COTTA ST

VIA VALLE

MAHOGANY WAY CAROB ST

SHIRLEY DR

MICHELE DR

LINNET DR

LAKE BLUFF DR

PARKVIEW PL

MARK AVE

GOLDEN SANDS ST

MADISON CT

BOURGES ST

MADISON ST

CONCORD CIR

VERONA ST

TORREY ST

COLONIAL CIR

AMBERWOOD CT

LAKE BREEZE CIR

VALLE CT

VICTORIA WAY

TIDEWATER CIR

LAKE VISTA DR

LINCOLN ST

WIN DJAM MER WAY

LINCOLN ST

SOISSONS ST

LINCOLN ST

MACHADO ST

CHRISTINA CT

LINCOLN ST

FICUS ST

VIA VALDEZ

SUGARPINE ST

TERRA COTTA ST

MACHADO ST

KNOLLWOOD ST

GRAND AVE

LINCOLN ST

LAUREL LN

DOLLY DR

LINCOLN ST

MACHADO ST

QUAIL DR

MICHELE DR

QUAIL DR

SERENA WAY

TEAKWOOD ST

MACHADO ST

TILLER LN

MACHADO ST

LINCOLN ST

ROBIN DR

QUAIL DR

AUDELO ST

GRAND AVE

LINCOLN ST

GRAND AVE

LINCOLN ST

CAROB ST

CHRISTINA CT

VERSAILLES ST

MACHADO ST

LINCOLN ST

CAMPHOR WAY

MACHADO ST
38 36
40 37
Curb Ramp
MD 12 SD 1
36, 38 12 XX

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: January 10, 2023
Subject: Professional Services Agreement to Provide Project Study ReportProject Development Support for the Interstate 15 Nichols Road Interchange Improvement Project
Recommendation
Approve and authorize the City Manager to execute an Agreement for Professional Services with HDR Engineering, Inc. in the amount of $861,678.82 plus an additional 10% in contingency in final form as approved by the City Attorney.

Background
The Interstate 15 Nichols Road Interchange (Interchange) is located between Lake Street and Central Avenue (State Route 74) interchanges in Lake Elsinore. The Interchange is currently a diamond configuration that will serve and is serving as a major access point for future and existing industrial and residential development at properties west of Interstate 15 and residential and commercial properties east of Interstate 15. The Interchange is within very close proximity to local intersections and driveways, where future peak hour volumes are anticipated to cause congestion and delays at these locations in addition to the freeway ramp intersections.

The purpose of the proposed Interstate 15 Nichols Road Interchange Project is to relieve congestion by improving traffic operations and reduce congestion in the vicinity of the Interchange. To accomplish this, the City of Lake Elsinore, in cooperation with Caltrans Is initiating the Project Study Report-Project Development Support (PSR-PDS) phase. The Agreement for Professional Services will authorize HDR Engineering, Inc. to start the preparation of the PSRPDS.

Discussion
The purpose of the PSR-PDS is to scope of the Project Approval & Environmental Document (PA&ED) phase relative to CEQA/NEPA and program the project for funding relative to construction and capital support costs. HDR Engineering, Inc. will provide services necessary to prepare, submit, and attain approval of the PSR-PDS document. Scope of services includes I-15 Nichols Road Interchange

Page 2 of 2 ends

project management, defining purpose & need, alternative development, public and community outreach, development of Preliminary Environmental Analysis Report, and PSR-PDS and SWDR approval.

Fiscal Impact
The Agreement for Professional Services will result into a cost of $861,678.82 plus an additional 10% in contingency. Funding has been secured through the WRCOG’s TUMF Program.

Attachments
Attachment 1 – Agreement
Attachment 2 – Proposal & Fee
Attachment 3 – Project Map
Attachment 1 - Agreement.pdf Page 1

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
HDR Engineering, Inc.

I-15/Nichols Road Interchange Improvement Project Study Report-Project Development Support
This Agreement for Professional Services (the “Agreement”) is made and entered into as of January 10, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and HDR, Inc., a Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

I-15/Nichols Road Interchange Improvement Project Study Report-Project Development Support
B. Consultant has submitted to City a proposal, dated December 22, 2022, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

Page 2 ends

Lake Elsinore City CouncilJanuary 10, 2023

Lake Elsinore City Council
January 10, 2023