One Corporate Plaza
Newport Beach, CA 92660
Project Location
North side of Dexter Street Between Allen Street and Crane Street APNs:
377-030-085, 377-030-086, 377-030-087, 377-030-088, 377-030-089, 377-030-090, 377-030-091, & 377-030-092
September 2023
A. BACKGROUND
SURROUNDING LAND USES AND SETTING
The project area consists of eight parcels along Dexter Avenue between Crane Street and Allen Street. (APNs: 377-030-085,377-030-086, 377-030-087, 377-030-088, 377-030- 089, 377-030-090, 377-030-091, & 377-030-092). The Project site is generally surrounded by commercial uses. The site is bordered by a surface parking lot to the northeast, Crane Street to the southeast; Dexter Avenue to the southwest, and Allan Street to the northwest. The location and boundaries of the project area are depicted in Figure
1. PROJECT DESCRIPTION
The Project proposes a mixed-use development consisting of the following: 1) a onestory, 10,241-square foot commercial building, and b) a one-story, 3,887-square foot fastfood restaurant with drive-thru; refer to Exhibit 3: Site Plan. As noted above, the Project PDG Lake Elsinore Class 32 Categorical Exemption Checklist
site’s ingress and egress would be provided via three (3) driveways with two (2) located on Crane Street and one (1) located on Allan Street. The proposed fast-food restaurant would be located at the southern corner of the Project site with a drive-thru queue beginning next to the driveway on Allan Street. Approximately 19.2 percent (approximately 19,600 square feet) of the Project site area would be landscaped GENERAL PLAN DESIGNATION: General Commercial (GC)
ZONING: General Commercial (C-2)
PDG Lake Elsinore Class 32 Categorical Exemption Checklist
Figure 1 – Aerial/Vicinity Map
PDG Lake Elsinore Class 32 Categorical Exemption Checklist
PDG Lake Elsinore Class 32 Categorical Exemption Checklist
Figure 2 – Site Plan
PDG Lake Elsinore Class 32 Categorical Exemption Checklist
INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS:
Criterion (a): Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations?
The subject site has General Plan Land Use Designation of General Commercial (2) and is currently zoned General Commercial (C-2). The intent of the C-2 district is to reserve appropriate locations consistent with the general plan to accommodate a full range of retail stores, office, personal and business service establishments offering commodities and services scaled to meet the needs of the residents of the entire city. The establishment and operation of a Drive-Through Restaurant and Shell Commercial buildings are permitted pursuant to Lake Elsinore Municipal Code Section 17.124.020.
Criterion (b): Is the proposed development located within the City limits on a site of no more than five acres substantially surrounded by urban uses? The proposed development site is located within City limits and is approximately 2.29- acres in size. The subject property is substantially surrounded by commercial uses including an LA Fitness, Mobil Gas Station, and Restaurants.
Criterion (c): Does the project site have no value as habitat for endangered, rare, or threatened species?
The following review of the project site having value as habitat for endangered, rare, or threatened species is based on the Western Riverside County – MSHCP Biological Resources Compliance Analysis for the 2.29-Acre PDG Lake Elsinore Mixed Use Project Site, City of Lake Elsinore, Western Riverside County, California dated October 20, 2022 prepared by Cadre Environmental for the project (included as Appendix A). The findings in the Biological Report are informed by an extensive literature review, compilation of existing documentation, and field reconnaissance conducted on October 6th, 2022. Of the total 2.29 acres to be disturbed as a result of project implementation, 2.01 acres of the PDG Lake Elsinore Class 32 Categorical Exemption Checklist
project are characterized as “Disturbed/Ruderal” and 0.28 acres are characterized as “Developed”.
As part of the study, the project site was assessed for its value as habitat for endangered, rare, or threatened species and was identified as having potential habitat. According to the Biological Report, no suitable habitat (riparian Scrub, forest or woodlands for the least Bell’s vireo, southwestern willow flycatcher, or western yellow-billed cuckoo was documented within or adjacent to the project site, according to the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the project area is not located in a predetermined survey area and no additional surveys are required.
Furthermore, the existing conditions documented within the Project Site including developed/ruderal habitat do not currently represent potential nesting habitat for common and/or MSHCP covered sensitive bird and raptor species. Potential direct and/or indirect impacts to regulated nesting birds is not expected to occur as a result of project initiation. The proposed action would not conflict with CDFG Codes Section 3503, 3503.5, and 3513. A preconstruction nesting bird surveys is not warranted.
Additionally, the project is not located within an MSHCP Criteria Area, Cell Group, or Linkage area. Therefore, no habitat Evaluation and Acquisition Negotiation Strategy (HANS) or Joint Project Review (JPR) are required.
Conclusion: The project site has no value as habitat for endangered, rare, or threatened species.
For additional information, refer to the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Biological Resources Compliance Analysis Report included as Appendix A to this report.
Criterion (d): Would the project result in any significant effects relating to traffic, noise, air quality, or water quality?
I. Traffic
The following review of potential traffic impacts is based on the Vehicle Miles Traveled PDG Lake Elsinore Class 32 Categorical Exemption Checklist
(VMT) Memorandum prepared by Kimley-Horn dated June 14, 2023 (included as Appendix B) for the project. The purpose of the VMT Evaluation is to assess the potential effects of the project on the transportation system by estimating changes to vehicle miles traveled (VMT) per capita. A summary of the VMT Screening Report is provided below:
The project is a local serving retail project proposing less than 50,000 square feet of building area
The proposed 6,690 square feet of retail uses, 5,000 square feet of restaurant uses, and 3,860 square-foot fast-food restaurant with drive-through is less than 50,000 square feet and is not anticipated to lead to longer local trips, thus reducing or maintain regional VMT. As such, the project may be presumed to create a less-than-significant transportation impact and meet the Project Type Screening Criteria.
Conclusion: The project would not significantly impact VMT per capita in accordance with the City’s adopted Traffic Impact Analysis guidelines. Therefore, the project is presumed to have less than significant VMT impacts because the project is considered local serving in nature.
For additional information, refer to the VMT Memorandum included as Appendix B to this report.
II. Noise
The following review of potential noise impacts is based on the Acoustical Assessment prepared by Kimley-Horn dated February 2023 (included in Appendix C) for the project.
Under Appendix G of the State CEQA Guidelines, any project would create significant noise impacts if the project would result in:
Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; PDG Lake Elsinore Class 32 Categorical Exemption Checklist
Generation of excessive groundborne vibration or groundborne noise levels; or Expose people residing or working in the project area to excessive noise levels if the project is located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport
The purpose of the Noise Assessment is to assess the potential noise impacts resulting from project construction and operation and to evaluate whether the project would expose people to excessive noise levels. A summary of the Noise Assessment is provided below:
Project construction would not exceed the City’s construction noise standards.
Therefore, the project would not result in significant noise impacts from construction activities.
Project operation would not exceed the City’s exterior noise standards. Therefore, the project would not result in significant noise impacts from operational activities.
Conclusion: Project construction would result in temporary noise impacts from transportation of construction crews and equipment to and from the development site and construction activities such as operation of mobile and stationary construction equipment.
However, any temporary increases in ambient noise levels caused by construction would not exceed the City’s mobile and stationary construction noise standards and would be required to comply with Lake Elsinore Municipal Code Standards. Therefore, impacts from construction noise would be less than significant.
Project operation would result in ongoing noise generation caused by external speakers at the drive-through lane, outdoor eating area, parking noise and HVAC operations.
However, project operation would not result in significant increase in ambient noise levels from project operational activities given the project setting and the proximity of the proposed development site to Interstate 15. No significant changes to ambient noise levels are expected as a result of existing ambient noise generated by vehicle traffic along the PDG Lake Elsinore Class 32 Categorical Exemption Checklist
highway. The noise levels caused by project operation would not exceed the City’s exterior noise standards. Therefore, impacts from operational noise would be less than significant.
For additional information, refer to the Noise Assessment included as Appendix C to this report.
III. Air Quality
The following review of potential air quality impacts is based on the Air Quality Assessment prepared by Kimley-Horn dated January 2023 (included in Appendix D) for the project. Under Appendix G of the State CEQA Guidelines, any project would create significant impacts if a project would:
Conflict with or obstruct implementation of the applicable air quality plan; Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard;
Expose sensitive receptors to substantial pollutant concentrations; or Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people
The purpose of the Air Quality Assessment is to assess the potential air quality impacts resulting from project construction and operation and to evaluate project compliance with applicable criteria pollutant thresholds set by the South Coast Air Quality Management District (SCAQMD). A summary of the Air Quality Assessment is provided below:
Short-term emissions from project construction would fall below all applicable SCAQMD local and regional daily thresholds of significance. Therefore, air quality emissions from project construction, as well as cumulative impacts caused by project construction, are less than significant.
Emissions of all criteria pollutants from project operation fall below applicable daily PDG Lake Elsinore Class 32 Categorical Exemption Checklist
thresholds of significance. Therefore, the project would neither conflict with plans, violate an air quality standard, nor contribute to an existing or projected violation, result in a cumulatively considerable increase in ozone or particulate matter emissions or expose receptors to substantial pollutant concentrations. Therefore, air quality emissions from project operation are less than significant.
Conclusion: Project construction would result in emissions from equipment exhaust, fugitive dust, and architectural coatings. Both regional and localized construction emissions from project construction would fall below SCQAMD daily significance thresholds. Therefore, project construction would not result in significant regional or localized air quality impacts.
Project operation would result in air quality impacts from increases in project trip generation, electricity consumption, area sources, and evaporative emissions. Regional and localized emissions from project operation would fall below SCQAMD daily significance thresholds. Therefore, project operation would not result in significant regional or localized air quality impacts.
Moreover, the project does not have the potential to expose sensitive receptors to substantial pollutant concentrations, result in other emissions (such as those leading to odors) adversely affecting a substantial number of people, or conflict with or obstruct implementation of any air quality plan. In conclusion, the project would not result in any significant air quality impacts.
For additional information, refer to the Air Quality Assessment included as Appendix D to this report.
Greenhouse Gas Assessment
The following review of potential construction and operational emissions is based on the Greenhouse Gas Assessment prepared by Kimley-Horn dated January 2023 (included in PDG Lake Elsinore Class 32 Categorical Exemption Checklist
Appendix E) for the project. Under Appendix G of the State CEQA Guidelines, any project would create significant impacts if a project would:
Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, based on any applicable threshold of significance; or Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs.
The City of Lake Elsinore City Council Adopted the Lake Elsinore CAP on December 13, 2011. The CAP serves as the programmatic tiering document for purposes of CEQA analysis of GHG emissions within the City. Development projects that can demonstrate consistency with applicable emissions reduction measures included in the CAP would have less than significant impacts with regard to GHG emissions.
Conclusion
Short-Term Construction Greenhouse Gas Emissions
The Project would result in the generation of approximately 270 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational emissions. The amortized Project construction emissions would be 9 MTCO2e per year.
Once construction is complete, the generation of these GHG emissions would cease.
Long-Term Operational Greenhouse Gas Emissions
Operational or long-term emissions occur over the life of the Project. GHG emissions would result from direct emissions such as Project generated vehicular traffic, on-site combustion of natural gas, and operation of any landscaping equipment. Operational GHG emissions would also result from indirect sources, such as off-site generation of electrical power, the energy required to convey water to, and wastewater from the Project, PDG Lake Elsinore Class 32 Categorical Exemption Checklist
the emissions associated with solid waste generated from the Project, and any fugitive refrigerants from air conditioning or refrigerators. The project would generate approximately 1,434 MTCO2e annually from both construction and operations. The Project would be consistent with the Lake Elsinore CAP and impacts would be less than significant.
The proposed Project would not interfere with SCAG’s ability to achieve the region’s post2020 mobile source GHG reduction targets. Additionally, Project emissions would be indirectly reduced through the implementation of various Scoping Plan measures, such as the low carbon fuel standard, vehicle emissions standards, building energy efficiency standards, market-based mechanisms (such as the cap-and-trade program) and the Renewable Portfolio Standard. Therefore, the Project would not conflict with the Scoping Plan’s recommended measures and, as such, would not impede implementation of the Scoping Plan. As such, impacts related to consistency with the Scoping Plan would be less than significant.
Regarding goals for 2050 under Executive Order S-3-05, at this time it is not possible to quantify the emissions savings from future regulatory measures, as they have not yet been developed; nevertheless, it can be anticipated that operation of the Project would benefit from implementation of current and potential future regulations (e.g., improvements in vehicle emissions, SB 100/renewable electricity portfolio improvements, etc.) enacted to meet an 80 percent reduction below 1990 levels by 2050.
The Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for reducing the emissions of GHGs because the Project would generate low levels of GHGs, and would not impede implementation of the Scoping Plan, or conflict with the policies of the Scoping Plan or any other GHG reduction plan. Therefore, the impacts would be less than significant.
For additional information, refer to the Greenhouse Gas Assessment included as Appendix PDG Lake Elsinore Class 32 Categorical Exemption Checklist
E to this report.
IV. Water Quality
The project area is located within the Lake Elsinore sub-watershed of the Santa Ana Watershed region of Riverside County. The Santa Ana Regional Water Quality Control Board (SARWQCB) sets water quality standards for ground and surface waters within the region. Water quality standards are defined under the Clean Water Act to include both the beneficial uses of specific water bodies and the levels of water quality that must be met and maintained to protect those uses (i.e. water quality objectives).
Project construction activities would include grading, excavation, installation of subsurface infrastructure, and other earthmoving activities which could potentially cause erosion that could degrade surface or ground water quality and/or violate water quality standards. Moreover, the use of heavy construction equipment could result in the accidental release of hazardous materials (e.g., oils, fuels, and other water quality pollutants) that could potentially affect surface and/or ground water quality. As required by the Clean Water Act, the project would comply with the Santa Ana Municipal Separate Storm Sewer (MS4) NPDES Permit. The NPDES MS4 Permit Program, which is administered in the project area by Riverside County and is issued by the SARWQCB, regulates storm water and urban runoff discharges from developments to natural and constructed storm drain systems in the City. Because the project would disturb one or more acres of soil, construction activities would be subject to the Construction General Permit (NPDES General Permit No. CAS000002, Waste Discharge Requirements, Order No. 2009-0009-DWQ, adopted September 2, 2009 and effective as of July 2, 2010) issued by the State Water Resources Control Board. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP) for site clearing, grading, and disturbances such as stockpiling or excavation. The SWPPP would generally contain a site map showing the construction perimeter, proposed buildings, storm water PDG Lake Elsinore Class 32 Categorical Exemption Checklist
collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways.
The project area is currently undeveloped and contains approximately 83,634 square feet of impervious surfaces. Currently, on-site stormwater sheet flows from the northeast property corner westerly and discharges at the public curb and gutter on Dexter Avenue.
Ultimately flowing southerly on Dexter Avenue towards the intersection of Dexter Avenue and Crane Street. The proposed development includes construction of one (1) restaurant building with a two- lane drive-through and one (1) shell commercial building with parking lot, driveway, landscaping with a total impervious surface area of approximately 83,634 square feet.
Conclusion: A project-specific Preliminary Water Quality Management Plan dated July 12, 2022 (Revised June 5, 2023) has been prepared to address the increase in polluted runoff that would occur from the project by describing the site design, source control and treatment control Best Management Practices (BMPs) that will be implemented and maintained throughout the life of the project. The water quality management plan proposes that the onsite stormwater will be treated by a by a combination of four (4) proprietary Contech Modular Wetland Systems (MWS) at various points in the proposed underground storm drain system. Treated stormwater will discharge to two (2) underground detention systems for low and high flow attenuation. Attenuated flows will be discharged to the public curb and gutter on Crane Street via two (2) multi-stage sump pumps designed to discharge at pre-existing development HCOC and High-Flow storm events due to the lack of available storm drain infrastructure adjacent to the site.
Traditional LID BMPs could not be used due to significant bioretention basin construction costs and since infiltration is not feasible for this site.
Furthermore, the project is required to implement a Storm Water Pollution Prevention Plan which will include measures such as construction-phase best management practices PDG Lake Elsinore Class 32 Categorical Exemption Checklist
(BMPs) to protect against stormwater runoff. Through implementation of measures specified in both the WQMP and SWPPP, along with adhering to applicable regulations, the project would meet applicable water quality standards and discharge regulations.
Therefore, the project would not otherwise substantially degrade surface or ground water quality, and any water quality impacts resulting from the project would be less than significant.
For additional information, refer to the Water Quality Management Plan included as Appendix F to this report.
Criterion (e): Can the Project site be adequately served by all required utilities and public services?
Fire Protection: The project would be subject to City policies and ordinances relating to hazard mitigation and fire prevention. The project would be required to comply with applicable fire code requirements for construction and access to the site which will be reviewed by the City Fire Department to determine the project-specific fire requirements.
Chapter 16.74 of the LEMC establishes a program for the adoption and administration of development impact fees by the City whereby as a condition to the issuance of a building permit or certificate of occupancy by the City, the property owner or land developer is required to pay development impact fees or provide other consideration to the City for the purpose of defraying the costs of public expenditures for capital improvements (and operational services to the extent allowed by law) which will benefit such new development. Section 16.74.049 includes a “fire facilities fee” to mitigate the additional burdens created by new development for City fire facilities. The project would incrementally increase demands for fire protection services associated with service calls, inspections, etc. The increase in demand for fire protection services is not anticipated to require the construction of new facilities or infrastructure. Therefore, any impacts related to fire protection resulting from the project would be less than significant.
PDG Lake Elsinore Class 32 Categorical Exemption Checklist
Police Protection: Chapter 16.74 of the LEMC establishes a program for the adoption and administration of development impact fees by the City for the purpose of defraying the costs of public expenditures for capital improvements (and operational services to the extent allowed by law) which would benefit such new development. The project would participate in this development impact fee program to mitigate potential impacts to police protection resources. Additionally, the project would be required to comply with applicable law enforcement requirements and standards to ensure adequate law enforcement protection is available to serve the proposed development. Potential impacts would be considered incremental and can be offset through the payment of the development impact fee and compliance with regulatory requirements. The project would not result in substantial adverse physical impacts related to police protection. Therefore, the project would not significantly impact police protection resources or services.
Schools: The proposed development is located within the Lake Elsinore Unified School District (LEUSD). The project would be required to pay school impact fees as levied by the LEUSD, which would provide funding for school facilities. The project does not propose new housing and therefore no increase in demand for LEUSD facilities and services would be created. Therefore, any potential impacts would be considered incremental and would be offset through the payment of the appropriate development impact fees for schools. Based on the above, the proposed project will not result in substantial adverse physical impacts related to schools. Any impacts would be less than significant.
Parks: The project does not propose residential uses so it would not generate additional residents who would need park facilities or services. Therefore, a direct increase in park usage is not expected because of the project. New commercial development may cause incremental indirect impacts to park facilities from the occasional use of a park by employees. Section 16.34.060 of the LEMC requires that prior to the issuance of a building permit, the property owner or developer must pay fees for the purposes set forth in that PDG Lake Elsinore Class 32 Categorical Exemption Checklist
section. Section 16.34.060.D describes the City’s Park Capital Improvement Fund and describes that the City Council has the option to request dedication for park purposes or in lieu thereof, request that the property owner or developer pay a fee for the purpose of purchasing the land and developing and maintaining the City park system. The project would be required to pay park fees to the City for the purpose of establishing, improving, and maintaining park land within the City. Because the project does not propose new housing, any potential impacts would be considered incremental and would be offset through the payment of the appropriate park fees. Based on the above, the project would not result in substantial adverse physical impacts related to parks. Any impacts would be less than significant.
Other Public Facilities: The City is a part of the Riverside County Library System. Section
16.34.060 of the LEMC requires that prior to the issuance of a building permit, the property owner or developer must pay fees for the purposes set forth in that section.
Section 16.34.060.B establishes the City’s Library Mitigation Fee program and provides that an in-lieu fee for future construction of library improvements shall be paid to the City to ensure that the necessary library facilities are provided to the community. Since the project would not include new housing, potential impacts to library services would be less than significant.
Chapter 16.74 of the LEMC establishes a program for the adoption and administration of development impact fees by the City for the purpose of defraying the costs of public expenditures for capital improvements (and operational services to the extent allowed by law) which would benefit such new development. Section 16.74.048 includes an “Animal shelter facilities fee” to mitigate the additional burdens created by new development for animal facilities. In addition, the property owner would be required to pay City Hall & Public Works fees, Community Center Fees, and Marina Facilities Fees prior to the issuance of building permits. Therefore, potential impacts associated with other public services and facilities would be less than significant.
PDG Lake Elsinore Class 32 Categorical Exemption Checklist
Wastewater/Sewer: The proposed development is located within the wastewater/sewer service boundary of the Elsinore Valley Municipal Water District (EVMWD). The proposed development would connect with the EVMWD wastewater/sewer system.
Connections to local sewer mains will involve temporary and less than significant construction impacts that will occur in conjunction with other on-site improvements. In addition, the project will be required to pay sewer connection fees. Implementation of the project will not require, or result in, the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Any impacts would be less than significant.
Storm Water Drainage: On-site grading and drainage improvements proposed in conjunction with the proposed site work would be required to comply with provisions of the National Pollutant Discharge Elimination System (NPDES) program, including Waste Discharge Requirements (WDR), and the 2010 Santa Ana Municipal Separate Sewer Permit (MS4) Permit, as enforced by the Santa Ana Regional Water Quality Board (SARWQCB). Pursuant to the City’s Municipal Code, all construction projects shall implement Best Management Practices (BMPs) to be specified in a submitted Stormwater Pollution Prevention Plan (SWPPP). The project was required to submit a projectspecific Water Quality Management Plan (WQMP) in identifying post-construction BMPs that include drainage controls such as infiltration pits, detention ponds, bioswales, berms, rain gardens, and pervious pavement. Upon adherence to the approved WQMP, the project will not substantially alter the existing drainage pattern of the site or area, nor will it require new or expanded off-site storm drain facilities the construction or relocation of which could cause significant environmental effects. Any impacts would be less than significant.
Water Supplies: The proposed development is located within the water service boundary of the Elsinore Valley Municipal Water District (EVMWD). The proposed development would connect to the EVMWD water supply system. Connections to local water mains will PDG Lake Elsinore Class 32 Categorical Exemption Checklist
involve temporary and less than significant construction impacts that will occur in conjunction with other on-site improvements. In addition, the project will be required to pay water connection fees and comply with water efficiency guidelines set by the City.
Project implementation will not require, or result in, the construction of new water treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects. Given the relatively small scale of the proposed in-fill development, potential impacts are considered nominally incremental and would be less than significant.
Solid Waste Disposal: All development within the City of Lake Elsinore is required to comply with applicable elements of AB 1327, Chapter 18 (California Solid Waste Reuse and Recycling Access Act of 1991), AB 939 (CalRecycle), and other local, state, and federal solid waste disposal standards. The California Integrated Waste Management Act of 1989 (AB 939) requires every city and county in the state to prepare a Source Reduction and Recycling Element (SRRE) to its Solid Waste Management Plan, that identifies how each jurisdiction will meet the mandatory state diversion goal of 50% by and after the year 2000.
The purpose of AB 939 is to “reduce, recycle, and re-use solid waste generated in the state to the maximum extent feasible.” The project is required to comply with applicable elements of AB 1327, Chapter 18 (California Solid Waste Reuse and Recycling Access Act of 1991), AB 939, and other applicable local, state, and federal solid waste disposal standards as a matter of regulatory policy as standard condition of approval, thereby ensuring that the solid waste stream to the waste disposal facilities is reduced in accordance with existing regulations. Any impacts would be less than significant.
Electricity, Natural Gas, Telephone, Television: The proposed development is in a developed, urban setting. The site and the surrounding properties are fully served by various utility service providers. There are no anticipated significant service or system upgrades required to serve the proposed development. Any increase in the demand for public utilities by the project would be less than significant.
PDG Lake Elsinore Class 32 Categorical Exemption Checklist
DETERMINATION:
I find that the answers given above are adequately supported by the information sources cited following each question and that the effects of the project are typical of those generated within that class of projects (i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions of Section 15332 of Title 14 of the California Code of Regulations. The project will not cause a significant effect on the environment and is therefore categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act.
Carlos Serna, Associate Planner Date
Appendices:
The following documents were used as information sources during preparation of this document. They are available for public review at the City of Lake Elsinore, Community Development Department, 130 South Main Street, Lake Elsinore, CA 92530, ph. (951) 674-3124.
A) Western Riverside county Multiple Species Habitat Conservation Plan (MSHCP)Biological Resources Compliance Analysis prepared by CADRE Environmental (October 20, 2022)
B) Vehicle Miles Traveled Memorandum prepared by Kimley Horn (June 14, 2023) C) Noise Assessment prepared by Kimley Horn (February 2023) D) Air Quality Assessment prepared by Kimley Horn (January 2023) E) Greenhouse Gas Emission Assessment prepared by Kimley Horn (January 2023) F) Preliminary Water Quality Management Plan prepared by Kimley Horn (Revised June 5, 2023)
N
NO TO SCALE
CENTRAL AVE.
15 74
PROJECT SITE
DEXTER AVE.
CRANE ST.
COLLIER AVE.
CRANE ST.
DEXTER AVE.
BUILDING DEPARTMENT: CITY OF LAKE ELSINORE, CA
OCCUPANCY CLASSIFICATION: PER CBC CHAPTER 3 M
OCCUPANCY SEPARATION: PER CBC TABLE 508.4 -
NO SEPARATION REQUIRED
TYPE OF CONSTRUCTION: PER CBC CHAPTER 6 (SECTION 602) - VB
NUMBER OF STORIES: 1 STORY
ASSESSOR'S PARCEL NO.: 377-030-085 TO 377-030-092
PROJECT SCOPE:
DEVELOPMENT OF ± 2.3 ACRE LAND INCLUDING ±14,128 SF OF RETAIL SHELL GROUND-UP CONSTRUCTION FOR TOTAL OF TWO PADS. ONE BUILDING PAD BEING FOR A DRIVE THRU FOOD USE.
ZONING: C2 ( GENERAL COMMERCIAL)
LAND USE DESIGNATION: RETAIL
SPRINKLERED: YES
VICINITY MAP
GENERAL PROJECT DATA
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
LAKE ELSINORE
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A0.1
TITLE SHEET
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
SHEET INDEX
ISSUE
07 / 13 / 2022
SHEET ISSUED ON DATE INDICATED, WITH MODIFICATIONS
SHEET ISSUED ON DATE INDICATED, NO MODIFICATIONS
A0.1 TITLE SHEET
A0.2 LAKE ELSINORE ZONING MAP
A0.3 RADIUS MAP
A1.1 PROPOSED SITE PLAN
A2.1 PROPOSED SHOPS BUILDING FLOOR PLAN
A2.2 PROPOSED SHOPS BUILDING ROOF PLAN
A2.3 PROPOSED IN-N-OUT BUILDING FLOOR& ROOF PLAN
A4.1 PROPOSED EXTERIOR ELEVATIONS (SHOPS BUILDING)
A4.2 PROPOSED EXTERIOR ELEVATIONS (DRIVE THRU BUILDING) A4.3 PATIO COVER (DRIVE THRU BUILDING)
A5.1 TRASH ENCLOSURE (SHOPS BUILDING)
A5.2 TRASH ENCLOSURE (IN-N-OUT BUILDING)
A6.1 MATERIAL BOARD (SHOPS BUILDING)
A6.2 MATERIAL BOARD (IN-N-OUT BUILDING)
L1.1 PRELIMINARY LANDSCAPE PLAN
L1.2 PLANT PHOTOS
SHEET COUNT: 16
DEVELOPER
PACIFIC DEVELOPMENT GROUP II
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
We Architects Group
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA. 92630 PH: (714) 306-2333
CONDITIONAL USE PERMIT
12 / 20 / 2022
OWNER
24570 AVENIDE DE MARICA DINO H, FOUTRIS
YORBA LINDA, CA 92887 PH: (714) 692-1417 09 / 13 / 2023 PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A0.2
LAKE ELSINORE ZONING MAP
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
PROJECT SITE LOCATIONGENERAL COMMERCIAL ZONE- C2
100'-0"
100'-0"
100'-0"
ALLAN ST.
PROJECT LOCATION
DEXTER AVE
74 74
15 TEMECULA VALLEY FEY
LEGEND
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A0.3
RADIUS MAP
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
0 50' 100' 200' 50
0'
1"=100'
32 1
4 1
T
T
T
VAN
PROPERTY ENTRANCE / EXIT
LANDSCAPE AND IRRIGATION AREA
PROPERTY LINE.
INDICATES ADJACENT EXISTING BUILDINGS
CENTER LINE OF STREET
1 PARKING COUNT
TRANSFORMER WITH CONCRETE PAD. (PROVIDE PROTECTION
BOLLARDS PER LOCAL UTILITY OR PUBLIC WORK STANDARDS)
T
SINGLE EV CHARGING STATION
DOUBLE EV CHARGING STATION
LEGEND
SITE DATA
LOT AREA: ± 99,823 S.F. = ± 2.292 ACRE
BUILDING AREA: ± 14,128 S.F. = ± 0.32 ACRE
FLOOR AREA RATIO (FAR) CALCULATION: ± 14,128 SF./ ± 99,823 SF. = 0.14 < 0.40 LANDSCAPE SUMMARY: ± 25,500 / 99,823 = 25.00 % > 15 %
PARKING SUMMARY
"THANK YOU" &
"DO NOT ENTER"
SIGN
"DRIVE-THRU"
SIGN
PROPOSED TRASH
ENCLOSURE
6 7
7 16
7 23
PROPOSED TRASH
ENCLOSURE
SEE SHEET A6.1
PROPERTY LINE ± 272.55'
PROPERTY LINE ± 371.32'
PROPERTY LINE ± 447.34'
PROPERTY
LINE
±
220.
1 3
'
PROPERTY LINE ± 62.37'
ONE STORY SHOPS BUILDING
APN : 377-030-085 TO 377-030-092
±10,241 S.F.
ONE STORY
BUILDING
±3,887 S.F.
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
℄ CRANE STREET
℄ ALLAN STREET
℄ DEXTER AVENUE
BIKE RACK
18 DOUBLE SIDED SITE
MONUMENT SIGN
20 8
10 4
BIKE RACK
5'-0" 16'-0" 26'-0" 18'-0" 14'-11" 66'-6" 13'-7" 18'-0" 26'-0" 18'-0" 13'-5" 12'-0" A5.1 1
A5.2
10 A4.3 1
MAIN MAILBOX
MIN.
10'-10"
207'-0"
144'-0"
6'
-0"
16'-0" 26'-0" 16'-0" 10'-0" 154'-9" 10'-0" 24'-9"
SET BACK
15'-0"
26'-0" 54'-0" 63'-0" 45'-0"
MIN
.
11'
-0"
90'-0"
53'-0"
54'-0"
19'-0" 63'-0" 26'-0"
180'-0"
27'-0" 36'-0" 27'-0" 11'-9" 77'-0" 6'-0" 6'-0" 6'-0 6'-0" " 18'-0" 28'-0" 7'-6" 63'-0" 7'-6"
SET BACK
15'-0"
27'-0" 11'-0" 18'-0" 27'-0" 36'-0" 27'-0" 18'-0" 9'-0" TYP.
TYP.
9'-0"
TYP.
9'-0"
TYP.
9'-0"
TYP.
9'-0"
TYP.
9'-0"
TYP.
9'-0"
TYP.
9'-0"
SET BACK
20'-0"
SET BACK
15'-0"
SET BACK
15'-0"
DOUBLE SIDED
FREEWAY
IDENTIFICATION PYLON
SIGN (45'-0" HIGH)
T
T
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
VAN
EV PARKING
VAN
EV PARKING
NO
PARKING
NO
PARKING
CLEAR AIR
VAN POOL /EV
CLEAR AIR
VAN POOL /EV
2'VOH
6'-0"
9'-0"
5'-0"
12'-0" 9'-0"
5'-0"
12'-0"
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group
A1.1
PROPOSED SITE PLAN
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023 N
0 16' 32' 64' 128'
1/32"=1'-0"
8'
#
PARKING STALLS REQUIRED:
SHOPS:
FOOD : 3,100 SF
• CUSTOMER 810 SF - 1 SP/45 SF 18 STALLS
• NON-CUSTOMER 2,290 SF - 1 SP/200 SF 12 STALLS
RETAIL: 3,941 SF - 1 SP/250 SF 16 STALLS
MEDICAL : 3,000 SF - 1 SP/ 175 SF 17 STALLS
IN - N - OUT BURGER: 3,887 SF
• CUSTOMER 1,804 SF - 1 SP/45 SF 40 STALLS
• CUSTOMER (OUTDOOR) 488 SF - 1 SP/45 SF 11 STALLS
• NON-CUSTOMER 2,083 SF - 1 SP/200 SF 11 STALLS
PARKING STALLS REQUIRED : 125 STALLS
PARKING STALLS PROVIDED: 126 STALLS
STANDARD STALLS : 120 STALLS
ADA STALLS : 6 STALLS
BIKE PARKING (PER CALIFORNIA GREEN BUILDING STANDARD- 5 % PER STALLS):
BICYCLE PARKING SPACES REQUIRED 6
BICYCLE PARKING SPACES PROVIDED : 10
ADA PARKING REQUIRED: 6 STALLS
ADA PARKING PROVIDED: 5 STALLS
APPLICABLE CODES
CITY OF LAKE ELSINORE
BUILDING: 2022 CALIFORNIA BUILDING CODE (CBC) PART 2 VOLUMES 1 AND 2, TITLE 24
FIRE / LIFE SAFETY 2022 CALIFORNIA FIRE CODE (CFC) PART 9, TITLE 24 ENERGY 2022 STATE OF CALIFORNIA ENERGY CODE
2022 STATE OF CALIFORNIA GREEN BUILDING CODE
ACCESSIBILITY 2022 STATE OF CALIFORNIA TITLE 24 ACCESSIBILITY STANDARDS
PROJECT DATA
CHAPTER 5 - GENERAL BUILDING HEIGHTS AND AREAS
CHAPTER 3 - USE & OCUPANCY CLASSIFICATION
OCCUPANCY SECTION USE PROPOSED AREA (SF)
M / MERCANTILE (309) RETAIL SHOPS AND RESTAURANT 10,241 SF MOST
RESTRICTIVE
OCCUPANCY
GROUP M
ALLOWABLE
BUILDING
AREA
PROPOSED
BUILDING
AREA
PROPOSED
BUILDING
HEIGHT
SHOPS BUILDING AREA 36,000 SF N/A
ALLOWABLE
BUILDING
HEIGHT
10,241 SF N/A
BUILDING HEIGHT
NUMBER OF STORIES
N/A
N/A
N/A
N/A
60'-0"
2 STORIES 1 STORY
CHAPTER 6 - TYPES OF CONSTRUCTION
TYPE OF CONSTRUCTION (602) ......................................................................................... VB 27'-0"
DRIVE THRU BUILDING AREA 36,000 SF 3,887 SF N/A N/A
SHOPS BUILDING
OCCUPANCY SECTION USE PROPOSED AREA (SF)
M / MERCANTILE (309) FAST FOOD 3,887 SF
DRIVE THRU BUILDING
SB SB SB SB SB SB
2 A4.1
1 A4.1
3 A4.1
TENANT TENANT TENANT TENANT TENANT
ROOF ACCESS LADDER
1,600 SF 1,441 SF 2,500 SF 1,500 SF 3,000 SF
200 SF
4 A4.1
3'-0"
KB KB
66'-6"
15'-5" 3'-0" 4'-6" 15'-5" 3'-0" 15'-5" 4'-0" 12'-1" 5'-0" 12'-1" 4'-0" 15'-5" 3'-0" 15'-5" 4'-7" 3'-0" 15'-5" 3'-0" 15'-5" 3'-0" 3'-0" 20'-8" 3'-0" 3'-0" 15'-5" 3'-0"
PROPOSED
CANOPY ABOVE
TYP.
3'-0" 15'-5" 3'-0" 4'-6" 5'-0" 13'-6" 1'-0" 3'-0" 4'-0" 4'-10" 24'-0" 4'-10" 4'-0" 3'-0" 1'-0" 13'-6" 0'-0" 5'-3" 13'-6" 5'-0" 4'-6" 3'-0" 15'-5" 3'-0" KB
KB
KB
1 A2.1
UTILITY
FIRE RISER PIPE
15'-5" 3'-0" 3'-0" 7'-10" 5'-0" 7'-10" 3'-0" 3'-0" 15'-5" 154'-0"
WALL-MOUNTED EXIT SIGN WITH BATTERY BACKUP, SHADED
QUADRANT INDICATES FACE OF LETTERING, SIGN TO INCLUDE
DIRECTIONAL ARROW AS INDICATED.
EXIT
KB KNOX BOX
LEGEND
6'-0"
6'-0"
ALLAN STREET
60'-0"
CRANE STREET
60'-0"
PROPERTY LINE
PROPERTY LINE
± 140'-5"
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group
A2.1
PROPOSED SHOPS BUILDING FLOOR PLAN
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
0 4' 8' 16' 32'
1/8"=1'-0"
N
1/16" = 1'-0"
1 LINE OF SIGHT
2 A4.1
1 A4.1
3 A4.1
ROOF ACCESS LADDER
PROPOSED
CANOPY ABOVE
TYP.
MECHANICAL ROOF TOP
TYP.
4 A4.1
1 A2.1
LEGEND
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group
A2.2
PROPOSED SHOPS BUILDING ROOF PLAN
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
0 4' 8' 16' 32'
1/8"=1'-0"
N
SERVING
AREA
102
SELF SERVE
BAR AREA
KITCHEN AREA
103
FIRE
RISER
ROOM
HALLWAY
111
STORAGE
115
ELECTRICAL
ROOM
118
DRESSING
110
DRESSING
109
OFFICE
108
COOLER
106
MEN'S
112
RESTROOM
VESTIBULE
114
WOMEN'S
113
DINING ROOM
100
3 A4.2
2 A4.2
1 A4.2
4 A4.2
53'-10"
82'-8" 16'-5"
KB
KB
3 A2.3
WALL-MOUNTED EXIT SIGN WITH BATTERY BACKUP, SHADED
QUADRANT INDICATES FACE OF LETTERING, SIGN TO INCLUDE
DIRECTIONAL ARROW AS INDICATED.
EXIT
KB KNOX BOX
LEGEND
3 A4.2
2 A4.2
1 A4.2
4 A4.2
ROOF ACCESS LADDER
PROPOSED
CANOPY ABOVE
PROPOSED
CANOPY ABOVE
MECHANICAL ROOF TOP
TYP.
3 A2.3
PROPERTY LINE
6'-0"
PROPERTY LINE
ALLAN STREET
60'-0"
6'-0"
19'-10"
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A2.3
PROPOSED IN-N-OUT BUILDING FLOOR& ROOF PLAN
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
1/8" = 1'-0"
1 PROPOSED IN-N-OUT BUILDING FLOOR PLAN
0 4' 8' 16' 32'
1/8"=1'-0"
N
1/8" = 1'-0" 2
PROPOSED IN-N-OUT BUILDING ROOF PLAN PLAN
1/16" = 1'-0"
3 LINE OF SIGHT
T.O.P.
20'-0"
T.O.P
22'-6"
T.O.R.
16'-0"
T.O.S.
10'-0"
F.F
0"
B
C
G2
B
G1
C
A
D
704
701
D
A
C B
T.O.P.
20'-0"
T.O.P
22'-6"
T.O.R.
16'-0"
T.O.S.
10'-0"
F.F
0"
B
B
G2
C
C
D
A
C
G1
G2
C
C
B
B
B
B
G2
C
A
703
TYP.
701
D
TYP.
702
TYP.
707
TYP.
707
TYP.
707
G1
T.O.P.
20'-0"
T.O.P
22'-6"
T.O.R.
16'-0"
T.O.S.
10'-0"
F.F
0"
B
A
C
A
B
B
A
C
D
TYP.
701
TYP.
701 701
708 708 708 708 708
708
TYP.
701
TYP.
702
C
A
C
TYP.
701
704
COLORS AND FINISHES:
A
B
C
D
G1 ALUMINUM STOREFRONT
MATERIAL: EXTERIOR PLASTER OVER METAL LATH; EXTERIOR STUD WALL SECONDARY COLOR: SHERWIN WILLIAMS RELIABLE WHITE SW 6091
OR APPROVED EQUAL
MATERIAL: EXTERIOR PLASTER OVER METAL LATH; EXTERIOR STUD WALL BASE COLOR: SHERWIN WILLIAMS NATURAL WHITE SW 9542
OR APPROVED EQUAL
MATERIAL: STEEL CANOPY & CORNICE
ACCENT COLOR: SHERWIN WILLIAMS FRENCH ROAST SW 6069
OR APPROVED EQUAL
G2 GLAZING
STONE VENEER CORONADO STONE PRO LEDGE "BLACK FOREST"
LEGENDS
NOTES -
T.O.P.
20'-0"
T.O.P
22'-6"
T.O.R.
16'-0"
T.O.S.
10'-0"
F.F
0"
A
C
701
D
C
G2
G1
C
TYP.
701
B
A
C B
D
A
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group
A4.1
PROPOSED EXTERIOR ELEVATIONS (SHOPS BUILDING)
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
1/8" = 1'-0"
2 NORTH- EAST ELEVATION
1/8" = 1'-0"
1 NORTH -WEST ELEVATION
1/8" = 1'-0"
3 SOUTH- EAST ELEVATION
701 EXTERIOR LIGHT FIXTURE
702 TENANT SIGNAGE
703 12" HIGH AND ILLUMINATED BUILDING ADDRESS NUMBER
704 BUILDING ROOF ACCESS
707 KNOX BOX
708 METAL DOOR
701 EXTERIOR LIGHT FIXTURE
702 TENANT SIGNAGE
703 12" HIGH AND ILLUMINATED BUILDING ADDRESS NUMBER
704 BUILDING ROOF ACCESS
707 KNOX BOX
708 METAL DOOR
0 4' 8' 16' 32'
1/8"=1'-0"
1/8" = 1'-0"
4 SOUTH- WEST ELEVATION
LEGENDS
COLORS AND FINISHES:
EP-1
EP-2
EP-4
EP-3
5 6
PAINT - DUNN EDWARDS - DEW339 "BONE CHINA"
PAINT - DUNN EDWARDS - DEW339 "BONE CHINA"
PAINT - DUNN EDWARDS - DEW339 "BONE CHINA"
PAINT - AXALTA- IMRON "INO RED"
METAL AWNING - ANODIZED ALUMINUM - BACKLIT RED PALMS
STONE VENEER - CORONADO STONE - "PRO LEDGE BLACK FOREST" 3&4 STOREFRONT - KAWNEER - "CLEAR ANODIZED ALUMINUM"
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group
A4.2
PROPOSED EXTERIOR ELEVATIONS (DRIVE THRU BUILDING)
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
1/8" = 1'-0"
1 NORTH -EAST ELEVATION
1/8" = 1'-0"
2 NORTH- WEST ELEVATION
1/8" = 1'-0"
3 SOUTH- WEST ELEVATION
1/8" = 1'-0"
4 SOUTH- EAST ELEVATION
0 4' 8' 16' 32'
1/8"=1'-0"
2 A4.3
3 A4.3
2 A4.3
2 A4.3
EP-1
12'-4"
1 2
1 2
1 2
LEGENDS
COLORS AND FINISHES:
EP-1 PAINT - DUNN EDWARDS - DEW339 "BONE CHINA"
1 STUCOO- PAINT EP-1
2 STONE VENEER - CORONADO STONE - PRO LEDGE "BLACK FOREST"
WITH MATCHING STONE SILL
2 1
EP-1
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A4.3
PATIO COVER (DRIVE THRU BUILDING)
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
1/4" = 1'-0"
2 FRONT ELEVATION
1/4" = 1'-0"
3 REAR ELEVATIONS
PATIO COVER PLAN
0 2' 4' 8' 16'
1/4"=1'-0"
N
4 A5.1
3 A5.1
2 A5.1
5 A5.1
19'-0"
18'-0"
RECYCLING BIN
(3 CU YDS.)
RECYCLING BIN
(3 CU YDS.)
RECYCLING BIN
(3 CU YDS.)
ORGANIC BIN (2
CU YDS.)
ORGANIC BIN (2
CU YDS.)
METALL GATES
SECONDARY COLOR :
SHERWIN WILLIAMS
RELIABLE WHITE SW 6091
METAL DECK
PAINT SECONDARY COLOR:
SHERWIN WILLIAMS
RELIABLE WHITE SW 6091
B CMU WALL- STUCCO B
PLASTER
SECONDARY COLOR :
SHERWIN WILLIAMS
RELIABLE WHITE SW 6091
B
B
1'-2" 6'-0"1'-2" 6'-0"
SLOPE TO DRAIN
METAL DECK
PAINT SECONDARY COLOR:
SHERWIN WILLIAMS
RELIABLE WHITE SW 6091
CMU WALLSTUCCO PLASTER
SECONDARY COLOR :
SHERWIN WILLIAMS
RELIABLE WHITE SW
6091
B
B
6'-0" 1'-2"
METAL DECK
PAINT SECONDARY
COLOR: SHERWIN
WILLIAMS
RELIABLE WHITE SW
6091
CMU WALL- STUCCO
PLASTER
SECONDARY COLOR :
SHERWIN WILLIAMS
RELIABLE WHITE SW
6091
B
B
6'-0" 1'-2"
SLOPE TO DRAIN
METAL DECK
PAINT SECONDARY COLOR:
SHERWIN WILLIAMS RELIABLE
WHITE SW 6091
METALL GATES
SECONDARY COLOR :
SHERWIN WILLIAMS
RELIABLE WHITE SW 6091
6'-0" 1'-10"
7'-10"
B
B
LEGENDS
COLORS AND FINISHES:
B
MATERIAL: EXTERIOR PLASTER OVER METAL LATH; EXTERIOR STUD WALL SECONDARY COLOR: SHERWIN WILLIAMS RELIABLE WHITE SW 6091
OR APPROVED EQUAL
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A5.1
TRASH ENCLOSURE (SHOPS BUILDING)
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
1/4" = 1'-0"
1 TRASH ENCLOSURE PLAN
3/8" = 1'-0"
4 SOUTH- EAST ELEVATION
3/8" = 1'-0"
3 NORTH- EAST ELEVATION
3/8" = 1'-0"
2 NORTH-WEST ELEVATION
3/8" = 1'-0"
5 SOUTH- WEST ELEVATION
N
0 1' 2' 4' 6'
3/8"=1'-0"
12'
PC
3 A5.2
RECYCLING BIN
(4 CU YDS.)
RECYCLING BIN
(4 CU YDS.)
20'-0"
24'-4"
2 A5.2
1 A5.2
4 A5.2
LEGENDS
COLORS AND FINISHES:
EP-1 PAINT - DUNN EDWARDS - DEW339 "BONE CHINA"
1 STUCOO- PAINT EP-1
2 STONE VENEER - CORONADO STONE - PRO LEDGE "BLACK FOREST"
WITH MATCHING STONE SILL
EP-1 EP-1
11'-9"
EP-1 EP-1
1 1 1
1 2
2 2 EP-1
11'-9"
1 2 EP-1
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A5.2
TRASH ENCLOSURE (IN-N-OUT BUILDING)
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
TRASH ENCLOSURE PLAN
0 2' 4' 8' 16'
1/4"=1'-0"
1/4" = 1'-0"
1 NORTH- EAST ELEVATION
1/4" = 1'-0"
3 SOUTH- WEST ELEVATION
N
1/4" = 1'-0" 2
SOUTH- EAST ELEVATION
1/4" = 1'-0" 4
NORTH- WEST ELEVATION
B
C
B
G2
G1
D
C
A
B
C
C
C
G2
D
D
G1 G2
B
C
G1 G2 G2 G1 D
B A
A
PAINT BASE COLOR:
SHERWIN WILLIAMS NATURAL WHITE SW 9542
B
PAINT SECONDARY COLOR:
SHERWIN WILLIAMS RELIABLE WHITE SW 6091 C
PAINT ACCENT COLOR:
SHERWIN WILLIAMS FRENCH ROAST SW 6069
G2
STOREFRONT GLAZING :
SOLARCOOL® 70 (2)SOLARBRONZE® + CLEAR G1 ANODIZED ALUMINUM STOREFRONT DARK BRONZE
D
STONE VENEER :
CORONADO STONE PRO LEDGE "BLACK FOREST"
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A6.1
MATERIAL BOARD (SHOPS BUILDING)
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
PROJECT NUMBER:
Architecture, Interior Design, Planning DATE:
26449 RANCHO PKWY. S., LAKE FOREST, CA. 92630
(949) 994-9966
www.WeArchitectsGroup.com
We Architects Group
CONDITIONAL USE PERMIT
We Architects Group A6.2
MATERIAL BOARD (IN-N-OUT BUILDING)
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
22-029
09/13/2023
5 ANODIZED ALUMINUM AWING WITH BACKLIT RED PALMS EP-6 CORONADO STONE PRO LEDGE "BLACK FOREST" EP-4 DUNN EDWARDS ASHL70 "INO RED" EP-1, EP-2, EP-3 DUNN EDWARDS DEW339 "BONE CHINA WHITE" T
T
T
T
VAN
T
℄ CRANE STREET
℄ ALLAN STREET
℄ DEXTER AVENUE
ONE STORY SHOPS BUILDING
APN : 377-030-085 TO 377-030-092
±10,241 S.F.
ONE STORY
BUILDING
±3,887 S.F.
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING EV PARKING EV PARKING VAN POOL CLEAR AIR /EV CLEAR AIR VAN POOL /EV EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV
SYMBOL BOTANICAL / COMMON NAME SIZE QUANTITY
PROPOSED TREES
PRELIMINARY PLANTING LEGEND
ULMUS PARVIFOLIA 'DRAKE' /
EVERGREEN ELM
PISTACIA C. 'KEITH DAVEY' /
CHINESE PISTACHE
24" BOX
STANDARD
WASHINGTONIA ROBUSTA /
MEXICAN FAN PALM
20' BTH
STRAIGHT TRUNK
24" BOX
STANDARD
SYMBOL BOTANICAL / COMMON NAME SIZE
PROPOSED SHRUBS
PROPOSED GROUNDCOVER & VINES
CISTUS PURPUREUS /
ORCHID ROCKROSE
5 GAL /
48" O.C.
HEMEROCALLIS SP. /
DAYLILY (ORANGE)
1 GAL /
30" O.C.
ROSA X 'FLOWERING CARPET' /
FLOWERING CARPET ROSE - PINK
1 GAL /
30" O.C.
17 7
14 PHOENIX DACTYLIFERA /
CANARY ISLAND DATE PALM
16' BTH
STRAIGHT TRUNK
4 ARBUTUS 'MARINA' /
NCN
24" BOX
STANDARD
4 ACACIA STENOPHYLLA /
SHOESTRING ACACIA
24" BOX
STANDARD
2 BRAHEA EDULIS /
GUADALUPE PALM
24" BOX
STRAIGHT TRUNK
10 TRISTANIA CONFERTA /
BRISBANE BOX
15 GAL
STANDARD
BULBINE FRUTESCENS 'HALLMARK' /
HALLMARK BULBINE
BOUTELOUA GRACILIS 'BLONDE AMBITION' /
BLOND AMBITION BLUE GRAMA GRASS
BOUGAINVILLEA 'TORCH GLOW' /
TORCH GLOW BOUGAINVILLEA
CALAMAGROSTIS X ACUTIFLORA 'KARL FORSTER' /
FEATHER REED GRASS
DIANELLA TASMANICA 'VARIEGATA' /
VARIEGATED FLAX LILY
DIANELLA CAERULEA 'CASSA BLUE' /
BLUE FLAX LILY
EUONYMUS J. 'SILVER KING' /
SILVER KING EUONYMUS
LIGUSTRUM SINENSIS 'SUNSHINE' /
SUNSHINE LIGUSTRUM
BOUGAINVILLEA 'MONKA' /
OO-LA-LA BOUGAINVILLEA
LANTANA X 'NEW GOLD' /
NEW GOLD LANTANA
LANTANA C. 'MONIKE' /
TEENIE GENIE LANTANA
LANTANA M. 'TRAILING WHITE' /
WHITE TRAILING LANTANA
1 GAL/
24" O.C.
1 GAL/
24" O.C.
5 GAL/
48" O.C.
5 GAL/
36" O.C.
5 GAL/
24" O.C.
24" O.C.
36" O.C.
36" O.C.
5 GAL/
48" O.C.
1 GAL/
36" O.C.
1 GAL/
36" O.C.
1 GAL/
36" O.C.
5 GAL/
5 GAL/
5 GAL/
LOMANDRA LONGIFOLIA 'BREEZE' /
DWARF MAT RUSH
MAHONIA AQUIFOLIUM /
OREGON GRAPE
NANDINA DOMESTICA 'SEIKA' /
OBSESSION NANDINA
PELARGONIUM X HORTORUM BROCADE SERIES /
BROCADE GERANIUM
PELARGONIUM 'AMERICANA RED' /
ZONAL GERANIUM
PELARGONIUM 'FLOWER OF SPRING' /
VARIEGATED GERANIUM
RHAPHIOLEPIS I. 'BALLERINA'/
BALLERINA INDIAN HAWTHORN
TECOMA STANS 'SOLAR FLARE' /
SOLAR FLARE ESPARANZA
36" O.C.
24" O.C.
36" O.C.
5 GAL/
24" O.C.
5 GAL/
24" O.C.
5 GAL/
24" O.C.
5 GAL/
36" O.C.
5 GAL/
36" O.C.
5 GAL/
5 GAL/
5 GAL/
COTINUS COGGYGRIA /
SMOKE TREE
15 GAL/
10' O.C.
3 TURF - FESCUE SOD
CHILOPSIS LINEARIS 'BURGUNDY' /
BURGUNDY DESERT WILLOW
24" BOX
STANDARD
5 BUXUS J. 'WINTER GEM' /
WINTER GEM BOXWOOD 36" O.C.
5 GAL/
SCALE: 1"=20'-0"
0 20 40 60
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
WE ARCHITECTS GROUP
26449 RANCHO PKWY. S.
LAKE FOREST, CA 92630
Tel: (949) 994-9966 We Architects Group www.WeArchitectsGroup.com
ARCHITECTURE, INTERIOR DESIGN, PLANNING
22-029
07/14/2023
PROJECT NUMBER:
DATE:
(Date)
(Signature)
Lic. #5439
Colleen M. Nolan
07.14.2023
Colleen M. Nolan
Landscape Architect, #5439
13355 Silverado Court, Corona 92883
[email protected]
714.743.7915 cell
L1.1
PRELIMINARY LANDSCAPE PLAN
TRADEMARK IN-N-OUT CROSSED PALMS
ROCK COBBLE & BOULDERS
ROCK COBBLE & BOULDERS
SIGNAGE PER ARCHITECTS PLANS
SIGNAGE PER ARCHITECTS PLANS
EV
PARKING
EV
PARKING
EV
PARKING
EV
PARKING
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
WE ARCHITECTS GROUP
26449 RANCHO PKWY. S.
LAKE FOREST, CA 92630
Tel: (949) 994-9966 We Architects Group www.WeArchitectsGroup.com
ARCHITECTURE, INTERIOR DESIGN, PLANNING
22-029
07/14/2023
PROJECT NUMBER:
DATE:
(Date)
(Signature)
Lic. #5439
Colleen M. Nolan
07.14.2023
Colleen M. Nolan
Landscape Architect, #5439
13355 Silverado Court, Corona 92883
[email protected]
714.743.7915 cell
ULMUS PARVIFOLIA 'DRAKE' /
EVERGREEN ELM
WASHINGTONIA ROBUSTA /
MEXICAN FAN PALM
L1.2
PLANT PHOTOS
PISTACIA C. 'KEITH DAVEY' /
CHINESE PISTACHE
PHOENIX DACTYLIFERA /
CANARY ISLAND DATE PALM
ARBUTUS 'MARINA' /
NCN
ACACIA STENOPHYLLA /
SHOESTRING ACACIA
BRAHEA EDULIS /
GUADALUPE PALM
TRISTANIA CONFERTA /
BRISBANE BOX
COTINUS COGGYGRIA /
SMOKE TREE
CHILOPSIS LINEARIS 'BURGUNDY' /
BURGUNDY DESERT WILLOW
PREPARED BY
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
SHEET INDEX
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092 UNIFORM SIGN PROGRAM PER CBC CHAPTER 3 M
LAKE ELSINORE
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
Purpose ...................................................................................
Procedure for Permit Review & Approval .....................
Tenant Responsibility Before & After Permit...................
Prohibited Signs .....................................................................
Construction Guidelines .....................................................
Sign Area Calculation Method .......................................
General Wall Sign Guidelines............................................
Temporary Window Signs ..................................................
Overall Site Plan
Enlarged Site Plan
................................................................... ................................................................
Freeway Identication Sign - Pylon ............................... 2 2
3 3
4 4
5 5
6 7
Center Identication Sign - Monument ........................ ................................................
...................
8 Shops Building Elevations
Shops Building Sign Spacing Location A
Shops Building Sign Spacing Location B
Pad Building Elevations - South & West
....................
........................
........................................................ ........................
........................
...........
.............................................................
Pad Building Elevations - North & East
Sight Distance Exhibit
Sight Distance Conceptual North I-15
Sight Distance Conceptual South I-15
Sight Distance Conceptual Dexter & Central
Point of Reference
......................
12 14
15 16
17 18
19 13
Latest update September 9, 2023 SRD
9 10
11
VICINITY MAP
9736 Eton Ave
Purpose Procedure for Permit Review & Approval
This Uniform Sign Program establishes criteria primarily for wall signs and freestanding signs at this multi-tenant Integrated Development. It provides a predominant pattern of sign type and configuration within the shopping center to create a system for the control of the size, location, type and number of signs, according to reasonable and nondiscriminatory standards. This program ensures signs are harmonious and visually related to each other through the incorporation of common design elements, and that signs are architecturally integrated with the buildings.
The guidelines here seek to support the City of Lake Elsinore’s goals of recognizing the right and need of each individual, business, firm, or corporation to identify their business or service, and realizing that the indiscriminate erection, location, illumination, coloring, and size, and lack of proper maintenance of signs, constitutes a significant contributing factor detrimental to the purpose and intent of Chapter 17 of the Lake Elsinore Municipal Code.
All permanent building signs must be approved by the Landlord and permitted by City of Lake Elsinore prior to installation. Property Manager has the right to refuse approval of any sign which does not conform to the criteria set forth herein. Approval shall be based on:
A. Conformity with this sign program;
B. Any business requesting a sign permit must have a valid Lake Elsinore business license, and;
C. Tenant shall email or provide a hard copy of the proposed design to Property Manager for review. Upon receiving the Property Manager’s signed approval, the tenant or their representative shall then submit to the City of Lake Elsinore for permits. Drawings shall include the following as required by the City:
1. Three (3) copies of plans. At least one of the three sets shall include elevations and sign faces in color. One set of the three plans shall include a signature or stamp by the Property Manager.
2. Position of sign in relation to adjacent building or structures.
3. The design and size, structural details and calculations signed by a registered professional engineer, if required by the City Building Official.
4. A current photograph(s) showing existing signs on the premises and adjacent property, and certifying the date on which the photographs were taken.
5. Such other information as the City shall deem reasonable and necessary to ensure safety of construction and compliance with the intent of Chapter 17 of the Lake Elsinore Municipal Code.
NOTE: Exhibits from this sign program may be utilized to create any of the above
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
B. Vehicles containing advertising parked on public or private property for the primary purpose of advertising or directing attention to a permanent business.
C. Signs which incorporate in any manner any flashing, moving or intermittent lighting.
D. Rotating or animated signs, or signs which contain any moving parts.
E. No signs, lights or other advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision at any location where, by reason of the position, shape, color or movement may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, nor shall such sign advertising structure make use of any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
F. Spinners or similar advertising devices.
G. Signs which exceed the roofline or parapet to which such signs are attached.
H. Off-site signage. This prohibition shall specifically not apply to noncommercial Criteria
signs, including political signs.
Tenant Responsibility Before & After Permit
A. Tenant shall pay for all signs, their installation and all other labor, materials and maintenance.
B. Tenant must file, pay and obtain any licenses, permits as required for sign installation.
C. Upon receipt of permits, Tenant shall forward one copy of permit to Property Manager prior to installation of signs. Any drawings returned to Tenant marked for changes must be re-submitted with proper corrections.
D. Any sign that is installed by a Tenant that does not conform to the drawings approved by the Property Manager and the City shall be corrected by Tenant within thirty (30) days after written notice.
E. In the event Tenant’s sign is not brought into compliance within this period, the Property Manager shall have the option to correct or replace said sign at Tenant’s sole expense.
F. Tenant is responsible for repairing any damage to building fascia caused by sign contractor or others, including patching, texturing and painting.
G. Un-permitted signs are subject to removal and/or fees and fines by Property Manager and/or the City of Lake Elsinore.
H. Installation shall be performed only by a licensed electrical contractor or electrical sign installer (Class C-45), which shall maintain Workers’ Compensation Insurance and General Liabilityinsurance in the amount of $1 million or greater. Tenant is responsible for verifying the required coverage with the Landlord’s Property Manager.
I. Limitations. Nothing contained in this Uniform Sign Program shall constitute a representation by the Property Manager in lieu of any municipal requirements regarding signs and signage, and in the event of a conflict between the criteria set forth in this document and such requirements, the municipal requirements shall control Tenant’s allowable signs and requirements.
Prohibited Signs
A. Portable signs, such as freestanding or wheeled signs higher than 42 inches in height, and metallic balloons.
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
B. Shall be kept in good repair and maintained in safe, neat, clean and attractive condition.
C. Shall be so enclosed as to provide against their infestation by birds and vermin, and shall be structurally safe.
D. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city laws and regulations, including the locally adopted building code.
E. All signs shall be constructed so as not to have exposed wiring, raceways, ballast, conduits, power supplies, and transformers. All electrical service to sign lighting shall be fully concealed.
F. All power supplies, transformers, equipment and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.
G. All permanent signs shall be constructed of quality, low-maintenance materials such as metal and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.
H. Exposed raceways are only allowed when absolutely required and with express written permission from the Property Manager.
I. All penetrations into building must have watertight seals.
J. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other non-maintained or damaged portions of a sign shall be repaired Criteria
or replaced within 30 days following notification by the Property Manager.
Sign Area Calculation Method
“Sign area” means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writing, representations, emblem, or any fixture or similar character, integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed.
Note: Descenders are excluded from the sign area calculation method.
Example:
Logo
Baseline height
of letters
Construction Guidelines
A. Shall be constructed of metal, wood, plastic, foam, paint and/or comparable weather-resistant material.
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
General Wall Sign Guidelines
A. Property Manager to assign sign band location to Tenant. Wall sign to be centered horizontally within sign band and approved by the Property Manager before submittal to the city for permit.
B. No sign shall be permitted that does not pertain directly to an approved business conducted on the premises.
C. Signs shall be permanent in nature.
D. The total sign area permitted per tenant frontage shall not exceed one square foot per lineal foot of tenant frontage on which the sign is located. Note: Frontages may not be combined to permit a larger sign on any one frontage.
E. The maximum allowable area for wall signs may be less than the maximum areas Shop Building End Cap Tenants or Pad Building Tenant with Building Elevations Facing Parking Lots or Street, are Allowed One Additional Sign Per Elevation, To a Maximum of Four (4) Signs.
shown in the elevations herein. This is due to minimum spacing requirements for some sign locations.
Two wall signs per Shop Building, One wall sign per elevation.
I. No portion of any sign or its supporting structure may project more than six and one half inches (6 1/2”) from the face of the building or structure to which it is attached.
J. No more than one (1) wall sign shall be permitted for each elevation of a leasable tenant space. Sign area on any elevation shall not exceed one square foot per lineal foot of tenant frontage, or the size limits shown on the elevation drawings in this program, whichever is smaller.
K. Wall signs shall stand off of wall 1/4”.
L. Signs shall not be placed to obstruct any portion of a window or cover architectural elements, such as cornices, transom windows, vertical piers and columns, and similar elements.
M. Height. No sign shall project above the parapet, canopy fascia, or wall to which it is attached.
N. No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights.
Criteria
Temporary Window Signs
Temporary Window signs shall be permitted subject to the following:
A. Sign area shall not exceed 25 percent of the window area B. Holiday window decorations shall be permitted.
The duration for the decoration of the window shall be limited to a period not exceeding six weeks prior to the holiday and two weeks following the holiday. [Ord. 1306 § 8, 2012; Ord. 1068 § 3, 2000; Ord. 937, 1992. Code 1987 § 17.94.150].
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
F. Maximum Letter Heights (Note that maximum allowable sign area supercedes letter height. Under no circumstances may the maximum allowable sign area be exceeded in order to accommodate a maximum allowable letter height).
1. Upper Sign Band (A) Locations
a. Single line text may utilize maximum 32” baseline letter height, excluding descenders.
b. Double line text may utilize maximum 48” overall combined baseline letter height. See page 9 for example.
2. Upper Sign Band (B) Locations
a. Single line text may utilize maximum 24” baseline letter height, excluding descenders.
b. Double line text may utilize maximum 27” overall combined baseline letter height. See page 10 for example.
G. No portion of any wall sign may be closer than 6” to the edge of a wall or the perimeter of any sign band location. See spacing requirements starting on page
11. H. Signs shall be attached to the building, parallel to the building face. 36”
A Locations
11” for examples.
B Locations
12 for examples.
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
℄ CRANE STREET
℄ ALLAN STREET
T
CLEAR SPACE30"x36"
OIL
STORAGE
TANK/CADDY
PC
"THANK YOU" &
"DO NOT ENTER"
SIGN
"DRIVE-THRU"
SIGN
PROPERTY LINE ± 272.55'
PROPERTY LINE ± 371.32'
PROPERTY LINE ± 447.34'
PROPERTY LINE ± 62.37'
PROPERTY LINE ± 220.13'
SHOPS BUILDING
ONE STORY
PAD
BUILDING
+-10,241 S.F.
+-3,860 S.F.
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
(E) BUILDING
N.I.C
℄ CRANE STREET
℄ ALLAN STREET
℄ DEXTER AVENUE
Legend Overall Site Plan
VICINITY MAP
℄ CRANE STREET
℄ CRANE STREET
PREPARED BY
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092
PER CBC CHAPTER 3 M
9736 Eton Ave
154’-0”
66’-6”
82’-8”
53’-10”
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
Enlarged Site Plan
℄ CRANE STREET
℄ ALLAN STREET
30"x36"
CLEAR SPACE
OIL STORAGE TANK/CADDY
PC
"THANK YOU" &
"DO NOT ENTER"
SIGN
"DRIVE
SIGN
-THRU"
PROPERTY LINE ± 272.55'
PROPERTY LINE ± 371.32'
PROPERTY LINE ± 447.34'
PROPERTY LINE ± 62.37'
PROPERTY LINE ± 220.13'
℄ CRANE STREET
℄ ALLAN STREET
℄ DEXTER AVENUE
℄ CRANE STREET ℄ CRANE STREET
Legend
North
DOUBLE SIDED FREEWAY IDENTIFICATION SIGN
(PYLON)
142 SQ FT. SIGN AREA
45’-0” OAH
13’-6” OAH
DOUBLE SIDED SITE IDENTIFICATION SIGN
(MONUMENT)
83.36 SQ FT. SIGN AREA
10'-10"
SETBACK
PROPERTY
LINE
CENTER OF
STREET
PROPOSED LOCATION OF
CENTER IDENTIFICATION
SIGN (MONUMENT)
MINIMUM 5'X20' (100 SF)
PLANTER AREA
11'-0"
SETBACK
PROPERTY
LINE
CENTER OF
STREET
PROPOSED LOCATION OF
FREEWAY IDENTIFICATION
SIGN
MINIMUM 5'X20' (100 SF)
PLANTER AREA
PYLON PLACEMENT DETAILS W/ SETBACKS
MONUMENT PLACEMENT DETAILS W/ SETBACKS
VICINITY MAP
PREPARED BY
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092
PER CBC CHAPTER 3 M
SHOPS BUILDING
PAD
BUILDING
The number of tenants and their location
of demising walls within the building are subject
to change as tenant spaces are moved,
combined and divided per changes
to leases over time.
18XXX -18XXX DEXTER AVE
W
N
E
S
9736 Eton Ave
Freeway Identication Sign - PYLON DOUBLE SIDED INTERNALLY ILLUMINATED
FREEWAY IDENTIFICATION SIGN
(PYLON)
142 SQ FT. SIGN AREA
Site Distance Conceptual on Pages 15-18
1'-10 / 3 4"
(TYP)
4'-9 / 3 4" (TYP)
SCALE: 1/2” = 1’
COMBINED 83.36 SQ FT
SIGN AREA
13'-6"
10'-0"
4'-2" 4'-2"
3'-8"
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
Center Identication Sign - MONUMENT
DOUBLE SIDED INTERNALLY ILLUMINATED
SITE IDENTIFICATION SIGN
(MONUMENT)
83.36 SQ FT. SIGN AREA
6" 18XXX -18XXX DEXTER AVE
ONE (1) D/F INTERNALLY ILLUMINATED MONUMENT SIGN
TENANT SIGN CABINETS:
TENANT SIGN FACES:
SIGN BASE:
OPTIONAL: ADDRESS NUMBERS FABRICATED ALUMINUM PIN MOUNTED P1
P2
P2
P2
SV
SV
P1
P1
LEXAN POLYCARBONATE FACES
PAINT TO MATCH SHERMAN WILLIMAS
NATURAL WHITE SW 9542
PAINT TO MATCH SHERMAN WILLIMAS
FRENCH ROAST SW 6069
FABRICATED ALUMINUM WITH CORONADO PRO LEDGE
CORONADO PRO LEDGE
“BLACK FORREST” VENEER
“BLACK FOREST” VENEER
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
VICINITY MAP
PREPARED BY
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092
PER CBC CHAPTER 3 M
North - West Elevation
North - East Elevation
South - East Elevation
SHOPS Building - ELEVATIONS
South - West Elevation
15’
15.25’
15.25’ 15.25 15.25’ 15.25’
29’-2”
15’
15.25’
33.25’
19.25’ 14’
LOCATION 78.75
LOCATION 80
LOCATION 153 LOCATION 80
LOCATION 73.5
LOCATION 80 LOCATION 80 LOCATION 80 LOCATION 80
LOCATION 101
LOCATION 174.5
SCALE: 1/16” = 1’
SCALE: 1/16” = 1’
SCALE: 1/16” = 1’
SCALE: 1/16” = 1’
5.25’
5.25’
5.25’
5.25’
5.25’
5.25’
5.25’
5.25’
5.25’
5.25’
5.25’
5.25’
REQUIRED APPROVAL PROCESS
A. Property Manager to assign sign band location
for each tenant.
Stamped approval is required before City
Permit Submittal.
B. Tenant’s sign must file proper insurance
requirements to Property Manager before
allowed on site. Tenant’s sign company
must field verify Sign Band Area before
fabrication and installation.
C. One Wall Sign allowed per tenant on
each elevation.
9736 Eton Ave
A
A
A A
B
B B B B
B
A
*THE NUMBER OF TENANTS AND LOCATION
OF DEMISING WALLS WITHIN THE BUILDING
ARE SUBJECT TO CHANGE AS TENANT SPACES
ARE MOVED, COMBINED, AND DIVIDED AS
NEW LEASES ARE SIGNED OVERTIME
SHOPS Building - ELEVATIONS
19.25’
B LOCATION 101 15’
LOCATION 78.75
LOCATION 78.75
A
A
North - West Elevation
SCALE: 1/16” = 1’
North - East Elevation
SCALE: 1/16” = 1’
15’
A LOCATION 78.75
South - East Elevation
TENANT SIGN
TWO LINES
TENANT SIGN
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
VICINITY MAP
PREPARED BY
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092
PER CBC CHAPTER 3 M
SHOPS Building - SIGN SPACING LOCATION
32" MAX
EQ
EQ
48" MAX
LETTER
COMBINED
LETTER
HEIGHT
HEIGHT
EQ"
EQ"
EQ"
SIGN BAND AREA
SIGN BAND AREA
SCALE: 1/4” = 1’
SCALE: 1/4” = 1’
SINGLE-LINE TEXT LAYOUT
DOUBLE-LINE TEXT LAYOUT
NO PORTION OF SIGN MAY BE
CLOSER THAN 6” TO THE EDGE
OF THE DESIGNANTED SIGN BAND
NO PORTION OF SIGN MAY BE
CLOSER THAN 6” TO THE EDGE
OF THE DESIGNANTED SIGN BAND
NOTE:
NO DRILLING OR ATTACHEMNT
IN EXPANSION JOINTS / REVELS
NOTE:
NO DRILLING OR ATTACHEMNT
IN EXPANSION JOINTS / REVELS
9736 Eton Ave
A
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
VICINITY MAP
PREPARED BY
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092
PER CBC CHAPTER 3 M
9736 Eton Ave
SHOPS Building - SIGN SPACING LOCATION B
SINGLE-LINE TEXT LAYOUT
DOUBLE-LINE TEXT LAYOUT
TENANT
SIGN BAND AREA
SIGN BAND AREA
EQ"
EQ"
SCALE: 1/4” = 1’
SCALE: 1/4” = 1’
NO PORTION OF SIGN MAY BE
CLOSER THAN 6” TO THE EDGE
OF THE DESIGNANTED SIGN BAND
NO PORTION OF SIGN MAY BE
CLOSER THAN 6” TO THE EDGE
OF THE DESIGNANTED SIGN BAND
NOTE:
NO DRILLING OR ATTACHEMNT
IN EXPANSION JOINTS / REVELS
NOTE:
NO DRILLING OR ATTACHEMNT
IN EXPANSION JOINTS / REVELS
24" MAX
36" MAX
EQ
EQ
EQ
EQ
LETTER
LETTER
HEIGHT
HEIGHT
TWO LINES
TENANT SIGN
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
PREPARED BY
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092
PER CBC CHAPTER 3 M
PAD Building - South & West Elevations
One (1) Wall Sign allowed on this Elevation
with MAX 99.08 Square Footage
One (1) Wall Sign allowed on this Elevation
with MAX 70.25 Square Footage
ALLOWABLE SIGNAGE
ALLOWABLE SIGNAGE
9736 Eton Ave
PAD BUILDING SITE PLAN CLEAR SPACE 30"x36" OIL STORAGE TANK/CADDY PC
PAD
BUILDING
+-3,860 S.F.
W
S
E
N
23’-0”
E
16’-7”
SCALE: 1:100
SCALE: 1:100
23’-0”
S
16’-7”
70’ - 3” Building Frontage
99’ - 1” Building Frontage
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
14 of 19
Page
PREPARED BY
9736 Eton Ave
Chatsworth, CA 91311
T 818.787.0477
E-Fax 818.477.5123
www.visiblegraphics.com
A Full Service Sign Company
OWNER
ONE CORPORATE PLAZA ROBERT LEWIS
NEWPORT BEACH, CA 92660 PH: (949) 760-8591
ARCHITECT
26449 RANCHO PKWY S. SIA SHIRAZI
LAKE FOREST, CA 92630 PH: (714) 306-2333
GENERAL PROJECT DATA
BUILDING DEPARTMENT:
ZONING:
LAND USE DESIGNATION
ASSESSOR’S PARCEL NO.:
OCCUPANCY CLASSIFICATION:
CITY OF LAKE ELSINORE, CA
C2 (GENERAL COMMERCIAL
RETAIL
377-030-085 TO 377-030-092
PER CBC CHAPTER 3 M
PAD Building - North & East Elevations
One (1) Wall Sign allowed on this Elevation
with MAX 99.08 Square Footage
One (1) Wall Sign allowed on this Elevation
with MAX 70.25 Square Footage
ALLOWABLE SIGNAGE
ALLOWABLE SIGNAGE
PAD BUILDING SITE PLAN CLEAR SPACE 30"x36" OIL STORAGE TANK/CADDY PC
PAD
BUILDING
+-3,860 S.F.
W
S
E
N
N
W
23’-0”
23’-0”
17’-5”
16’-7”
SCALE: 1:100
SCALE: 1:100
70’ - 3” Building Frontage
99’ - 1” Building Frontage
Site Distance Exhibit
15 of 19
PROPOSED
SIGN
PROPOSED
SIGN
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
16 of 19
Site Distance Conceptual North
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
17 of 19
Site Distance Conceptual South
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
18 of 19
Site Distance Conceptual Dexter & Central
Zoom View with Visibility Impacts
45’ +-
DEXTER AVE & ALLAN ST,
LAKE ELSINORE, CA.
19 of 19
Point of Reference
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Lake Elsinore, California, will hold a Public Hearing on October 17, 2023, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 6:00 p.m., or as soon thereafter as the matter may be heard, to consider the following:
Planning Application No. 2022-20 (PDG Lake Elsinore): A request by Robert Lewis, Pacific Development Group II, requesting approval of Commercial Design Review (CDR No. 2022-10) to construct a one (1) story 10,241 sq. ft. commercial building, one (1) story 3,887 sq. ft. In-N-Out restaurant, and related site improvements including a two-lane drive-through with 32 queuing spaces, 126 parking spaces and new landscaping. The project also includes a Conditional Use Permit (CUP No. 2022-07) to permit operation of the drive-through and Uniform Sign Program (SIGN No. 2023-05) to establish a uniform sign program that creates an integrated framework for all the signage within the center. The project site is located on an approximately 2.29-acre site within the General Commercial (C-2) District along Dexter Avenue between Crane Street and Allen Street (APNs: 377-030-085,377-030-086, 377-030-087, 377-030-088, 377-030-089, 377-030-090, 377-030-091, & 377-030-092).
The proposed project is exempt from California Environmental Quality Act (CEQA), pursuant to 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 15332 (InFill Development).
ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to [email protected].
If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the Administrative Secretary at (951) 674-3124 ext. 297. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Carlos Serna, Associate Planner in the Planning Division at [email protected] or (951) 674-3124, ext. 916.
Damaris Abraham,
Assistant Community Development Director
PC NOPH PA 2022-20 (PDG Lake Elsinore) - Page 1 of 1
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Account Number: 5209153
Ad Order Number: 0011627571
Customer's Reference/PO Number:
Publication: The Press-Enterprise
Publication Dates: 10/07/2023
Total Amount: $352.65
Payment Amount: $0.00
Amount Due: $352.65
Notice ID: bm8a66w5y2vao5Q8e3rk
Invoice Text: [https://res.cloudinary.com/dgqq2xsfd/image/upload/enoticeproduction/exports/1696449434443/image001.jpg] NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Lake Elsinore, California, will hold a Public Hearing on October 17, 2023, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 6:00 p.m., or as soon thereafter as the matter may be heard, to consider the following: Planning Application No. 2022-20 (PDG Lake Elsinore): A request by Robert Lewis, Pacific Development Group II, requesting approval of Commercial Design Review (CDR No. 2022-10) to construct a one (1) story 10,241 sq. ft. commercial building, one (1) story 3,887 sq. ft. In-N-Out restaurant, and related site improvements including a two-lane drive-through with 32 queuing spaces, 126 parking spaces and new landscaping. The project also includes a Conditional Use Permit (CUP No. 2022-07) to permit operation of the drive-through and Uniform Sign Program (SIGN No. 2023-05) to establish a uniform sign program that creates an integrated framework for all the signage within the center . The project site is located on an approximately 2.29-acre site within the General Commercial (C-2) District along Dexter Avenue between Crane Street and Allen Street (APNs: 377-030-085,377-030- 086, 377-030-087, 377-030-088, 377-030-089, 377-030-090, 377-030-091, & 377- 030-092). The proposed project is exempt from California Environmental Quality Act (CEQA), pursuant to 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 15332 (In-Fill Development). ALL PC NOPH PA 2022-20 (PDG Lake Elsinore) - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011627571
FILE NO. 0011627571
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the aboveentitled matter. I am an authorized representative of THE PRESSENTERPRISE, a newspaper of general circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
10/07/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: October 7, 2023.
At: Riverside, California
______________________________
Signature
Radius Report/Public Notice Package
Date Ordered
9/15/2023
Invoice #
9533
Prepared For:
KIMLEY-HORN
REYNA NAVARRO | ADMINISTRATIVE ASSISTANT
3801 UNIVERSITY AVE STE. 300
RIVERSIDE, CA 92501
Direct: 951 534-5400 Main: 951 543 9868
Title Pro Information Systems
Project / PO / APN Number
377-030-086 thru -092
Phone #
760.295.3951
E-mail Web Site
[email protected] www.titleprois.com
13520 Scarsdale Way
San Diego, CA 92128
Quantity Description
1 1
1 RADIUS REPORT, 300FT EXTD TO 700FT, CITY OF LAKE ELSINORE, CA APNs: 377-030-086 thru -092
RECORD OWNER: FOUTRIS DINO, 24570 AVIENDA DE MARCIA, YORBA LINDA, CA 92887 SITE: (VACANT) DEXTER AVE & CRANE ST, LAKE ELSINORE, CA 92530 EXTENDED RADIUS FROM 300FT TO 700FT TO OBTAIN MINIMUM NUMBER OF 30 PROPERTY OWNERS PER NOTICING REQUIREMENTS.
SPLICED RADIUS MAP SHOWING ALL PARCELS WITHIN SPECIFIED RADIUS ON ONE MAP
PACKAGE CONTENT LIST
This radius report package contains the following items and should not be removed by anyone but the Planning Department (with the exception of the Cover Sheet and Invoice):
1. One vacant property notice
2. One summary of Owners list
3. Owner list hard copy and two sets of labels
4. Signed certification(s)
5. One set of maps
6. Vicinity/Area map
Removal of any item may delay your permit process.
Thank You,
Title Pro Information Systems
NOTE: The following information is not always publicly accessible from the Assessor’s tax rolls: renter name, apartment/office suite numbers, mobile home unit numbers, etc. If needed and not publicly available, this information may have to be provided by the client or client’s representative.
NOTICE
The labels that have no addresses on the Owners List may be unimproved/vacant property or a public agency and have no address to send the label.
SUMMARY OF OWNERS
# PARCEL NUMBER OWNER NAME SITE ADDRESS CITY STATE ZIP MAILING ADDRESS CITY STATE ZIP USE DESCRIPTION 1 377-020-014 EVERGREEN-CAMBERN & CENTRAL SOUTH LAND LAKE ELSINORE CA 92532 2390 E CAMELBACK RD STE 410 PHOENIX AZ 85016 VACANT 2 377-020-028 CAMBERN & CENTRAL NORTH 18650 CAMBERN ST LAKE ELSINORE CA 92532 2390 E CAMELBACK RD STE 410 PHOENIX AZ 85016 VACANT 3 377-030-056 KIM JUN Y 29280 CENTRAL AVE LAKE ELSINORE CA 92532 109 BRIDLE PATH IRVINE CA 92602 SHOPPING CENTERS 4 377-030-071 PALEROS BROTHERS HOLDING 18492 DEXTER AVE LAKE ELSINORE CA 92532 4885 GREEN CREST DR YORBA LINDA CA 92887 MISCELLANEOUS 5 377-030-073 CHEVRON USA INC 18451 DEXTER AVE LAKE ELSINORE CA 92532 P O BOX 1392 BAKERSFIELD CA 93302 AUTOMOTIVE USES 6 377-030-075 J&S EATS 18461 DEXTER AVE LAKE ELSINORE CA 92532 18461 DEXTER AVE LAKE ELSINORE CA 92532 MISCELLANEOUS 7 377-030-085 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 8 377-030-086 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 9 377-030-087 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 10 377-030-088 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 11 377-030-089 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 12 377-030-090 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 13 377-030-091 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 14 377-030-092 FOUTRIS DINO LAKE ELSINORE CA 92532 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 VACANT 15 377-030-093 CIRCLE K STORES INC 29300 CENTRAL AVE LAKE ELSINORE CA 92532 P O BOX 52085 DC17 PHOENIX AZ 85072 AUTOMOTIVE USES 16 377-040-022 UNA LUNA BIANCA 18611 DEXTER AVE LAKE ELSINORE CA 92532 5074 SCHOLARSHIP IRVINE CA 92612 MISCELLANEOUS 17 377-040-023 CITY OF LAKE ELSINORE LAKE ELSINORE CA 92532 130 S MAIN ST LAKE ELSINORE CA 92530 18 377-040-032 YESSMANN DAVID S TRUST DATED 4/29/2010 29263 CENTRAL AVE LAKE ELSINORE CA 92532 PO BOX 3218 TORRANCE CA 90510 RETAIL SALES 19 377-040-034 INTEGRITY RESTAURANTS #2 29235 CENTRAL AVE LAKE ELSINORE CA 92532 11041 SANTA MONICA BLVD # 706 LOS ANGELES CA 90025 MISCELLANEOUS 20 377-040-039 SEK LAKE ELSINORE 29285 CENTRAL AVE LAKE ELSINORE CA 92532 255 ORCHID CT MONTEBELLO CA 90640 MISCELLANEOUS 21 377-040-040 HENLEY PACIFIC SD 29295 CENTRAL AVE LAKE ELSINORE CA 92532 54 JACONNET ST STE 100 NEWTON HIGHLANDS MA 2461 AUTOMOTIVE USES 22 377-040-041 JBX INV 29273 CENTRAL AVE LAKE ELSINORE CA 92532 PO BOX 235374 ENCINITAS CA 92023 RETAIL SALES 23 377-040-048 SMBC PROP #2 29245 CENTRAL AVE LAKE ELSINORE CA 92532 2551 COMMER CENTER DR LAKE FOREST CA 92630 MISCELLANEOUS 24 377-040-049 CFT NV DEV 29255 CENTRAL AVE LAKE ELSINORE CA 92532 1120 N TOWN CENTER DR STE 150 LAS VEGAS NV 89144 MISCELLANEOUS 25 377-040-050 LE PREMIER INV 29265 CENTRAL AVE LAKE ELSINORE CA 92532 PO BOX 60163 IRVINE CA 92602 BANK 26 377-040-051 PEPPER LANE-COSMO 29275 CENTRAL AVE LAKE ELSINORE CA 92532 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032 MISCELLANEOUS 27 377-040-052 SAF OIL INC 29355 CENTRAL AVE LAKE ELSINORE CA 92532 29355 CENTRAL AVE LAKE ELSINORE CA 92532 AUTOMOTIVE USES 28 377-070-029 STATE OF CALIF LAKE ELSINORE CA 92532 464 W FOURTH ST 6TH FL SAN BERNARDINO CA 92401 29 377-081-032 WAN SHUFANG 29615 3RD ST LAKE ELSINORE CA 92532 30375 DE PARTOLA RD TEMECULA CA 92592 RESID. MOBILE/MANUFACTURED HOMES 30 377-081-033 WAN SHUFANG LAKE ELSINORE CA 92532 30375 DE PARTOLA RD TEMECULA CA 92592 MISCELLANEOUS 31 377-081-034 CHICK FIL A INC 18601 DEXTER AVE LAKE ELSINORE CA 92532 5200 BUFFINGTON RD ATLANTA GA 30349 MISCELLANEOUS 32 377-090-008 AVA KARAS 29506 3RD ST LAKE ELSINORE CA 92532 4030 BIRCH ST STE 100 NEWPORT BEACH CA 92660 VACANT 33 377-090-033 CHHABRA HARSH 29489 3RD ST LAKE ELSINORE CA 92532 3290 CARRIAGE HOUSE DR CHINO HILLS CA 91709 RESID. MOBILE/MANUFACTURED HOMES 34 377-090-034 LEAL PROPERTIES 29511 3RD ST LAKE ELSINORE CA 92532 300 MARANATHA DR HOLLISTER CA 95023 RESID. MOBILE/MANUFACTURED HOMES 35 377-090-035 H DOST 29440 3RD ST LAKE ELSINORE CA 92532 45029 PROMISE RD LAKE ELSINORE CA 92532 RESID. MOBILE/MANUFACTURED HOMES 36 377-090-036 H DOST LAKE ELSINORE CA 92532 45029 PROMISE RD LAKE ELSINORE CA 92532 VACANT 37 377-090-037 3RD & DEXTER LAKE ELSINORE CA 92532 2280 WARDLOW CIR CORONA CA 92878 RESIDENTIAL 38 377-090-042 HAMRA PROP 18550 DEXTER AVE LAKE ELSINORE CA 92532 5140 E LA PALMA AVE # 203 ANAHEIM CA 92807 RECREATIONAL 39 377-090-052 WAL MART REAL ESTATE BUSINESS TRUST LAKE ELSINORE CA 92532 1301 SE 10TH ST BENTONVILLE AR 72716 COMMERCIAL 40 377-090-053 WAL MART REAL ESTATE BUSINESS TRUST LAKE ELSINORE CA 92532 1301 SE 10TH ST BENTONVILLE AR 72716 GROCERY STORE 41 377-090-054 COTTI FOODS CORPORATION 29230 CENTRAL AVE LAKE ELSINORE CA 92532 29801 SANTA MARGARITA PARKWAY RANCHO SANTA MARG CA 92688 MISCELLANEOUS 42 377-090-055 JJDAN LAKE ELSINORE CA 92532 6800 BISHOP RD PLANO TX 75024 COMMERCIAL 43 377-090-056 JJDAN 29250 CENTRAL AVE LAKE ELSINORE CA 92532 6800 BISHOP RD PLANO TX 75024 MISCELLANEOUS 44 377-090-057 AUTOZONE PARTS INC 29270 CENTRAL AVE LAKE ELSINORE CA 92532 123 S FRONT ST MEMPHIS TN 38103 RETAIL SALES 45 377-380-001 FRANCO MARTIN 18700 CAMBERN AVE LAKE ELSINORE CA 92532 18700 CAMBERN AVE LAKE ELSINORE CA 92532 RESID. MOBILE/MANUFACTURED HOMES
OWNER LIST
TWO SETS OF LABELS
PARCEL NUMBER OWNER NAME MAILING ADDRESS CITY STATE ZIP 377-020-014 EVERGREEN-CAMBERN & CENTRAL SOUTH LAND 2390 E CAMELBACK RD STE 410 PHOENIX AZ 85016 377-020-028 CAMBERN & CENTRAL NORTH 2390 E CAMELBACK RD STE 410 PHOENIX AZ 85016 377-030-056 KIM JUN Y 109 BRIDLE PATH IRVINE CA 92602
377-030-071 PALEROS BROTHERS HOLDING 4885 GREEN CREST DR YORBA LINDA CA 92887 377-030-073 CHEVRON USA INC P O BOX 1392 BAKERSFIELD CA 93302 377-030-075 J&S EATS 18461 DEXTER AVE LAKE ELSINORE CA 92532 377-030-085 THRU 092 FOUTRIS DINO 24570 AVENIDA DE MARCIA YORBA LINDA CA 92887 377-030-093 CIRCLE K STORES INC P O BOX 52085 DC17 PHOENIX AZ 85072 377-040-022 UNA LUNA BIANCA 5074 SCHOLARSHIP IRVINE CA 92612 377-040-023 CITY OF LAKE ELSINORE 130 S MAIN ST LAKE ELSINORE CA 92530 377-040-032 YESSMANN DAVID S TRUST DATED 4/29/2010 PO BOX 3218 TORRANCE CA 90510 377-040-034 INTEGRITY RESTAURANTS #2 11041 SANTA MONICA BLVD # 706 LOS ANGELES CA 90025 377-040-039 SEK LAKE ELSINORE 255 ORCHID CT MONTEBELLO CA 90640 377-040-040 HENLEY PACIFIC SD 54 JACONNET ST STE 100 NEWTON HIGHLANDS MA 02461 377-040-041 JBX INV PO BOX 235374 ENCINITAS CA 92023
377-040-048 SMBC PROP #2 2551 COMMER CENTER DR LAKE FOREST CA 92630 377-040-049 CFT NV DEV 1120 N TOWN CENTER DR STE 150 LAS VEGAS NV 89144 377-040-050 LE PREMIER INV PO BOX 60163 IRVINE CA 92602 377-040-051 PEPPER LANE-COSMO 15729 LOS GATOS BLVD STE 200 LOS GATOS CA 95032 377-040-052 SAF OIL INC 29355 CENTRAL AVE LAKE ELSINORE CA 92532 377-070-029 STATE OF CALIF 464 W FOURTH ST 6TH FL SAN BERNARDINO CA 92401 377-081-032 & 033 WAN SHUFANG 30375 DE PARTOLA RD TEMECULA CA 92592 377-081-034 CHICK FIL A INC 5200 BUFFINGTON RD ATLANTA GA 30349 377-090-008 AVA KARAS 4030 BIRCH ST STE 100 NEWPORT BEACH CA 92660 377-090-033 CHHABRA HARSH 3290 CARRIAGE HOUSE DR CHINO HILLS CA 91709 377-090-034 LEAL PROPERTIES 300 MARANATHA DR HOLLISTER CA 95023 377-090-035 H DOST 45029 PROMISE RD LAKE ELSINORE CA 92532 377-090-036 H DOST 45029 PROMISE RD LAKE ELSINORE CA 92532 377-090-037 3RD & DEXTER 2280 WARDLOW CIR CORONA CA 92878 377-090-042 HAMRA PROP 5140 E LA PALMA AVE # 203 ANAHEIM CA 92807 377-090-052 & 053 WAL MART REAL ESTATE BUSINESS TRUST 1301 SE 10TH ST BENTONVILLE AR 72716 377-090-054 COTTI FOODS CORPORATION 29801 SANTA MARGARITA PARKWAY RANCHO SANTA MARG CA 92688 377-090-055 & 056 JJDAN 6800 BISHOP RD PLANO TX 75024
377-090-057 AUTOZONE PARTS INC 123 S FRONT ST MEMPHIS TN 38103 377-380-001 FRANCO MARTIN 18700 CAMBERN AVE LAKE ELSINORE CA 92532 377-020-014
EVERGREEN-CAMBERN & CENTRAL
SOUTH LAND
2390 E CAMELBACK RD STE 410
PHOENIX, AZ 85016
377-020-028
CAMBERN & CENTRAL NORTH
2390 E CAMELBACK RD STE 410
PHOENIX, AZ 85016
377-030-056
KIM JUN Y
109 BRIDLE PATH
IRVINE, CA 92602
377-030-071
PALEROS BROTHERS HOLDING
4885 GREEN CREST DR
YORBA LINDA, CA 92887
377-030-073
CHEVRON USA INC
P O BOX 1392
BAKERSFIELD, CA 93302
377-030-075
J&S EATS
18461 DEXTER AVE
LAKE ELSINORE, CA 92532
377-030-085 THRU 092
FOUTRIS DINO
24570 AVENIDA DE MARCIA
YORBA LINDA, CA 92887
377-030-093
CIRCLE K STORES INC
P O BOX 52085 DC17
PHOENIX, AZ 85072
377-040-022
UNA LUNA BIANCA
5074 SCHOLARSHIP
IRVINE, CA 92612
377-040-023
CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE, CA 92530
377-040-032
YESSMANN DAVID S TRUST
DATED 4/29/2010
PO BOX 3218
TORRANCE, CA 90510
377-040-034
INTEGRITY RESTAURANTS #2
11041 SANTA MONICA BLVD # 706
LOS ANGELES, CA 90025
377-040-039
SEK LAKE ELSINORE
255 ORCHID CT
MONTEBELLO, CA 90640
377-040-040
HENLEY PACIFIC SD
54 JACONNET ST STE 100
NEWTON HIGHLANDS, MA 02461
377-040-041
JBX INV
PO BOX 235374
ENCINITAS, CA 92023
377-040-048
SMBC PROP #2
2551 COMMER CENTER DR
LAKE FOREST, CA 92630
377-040-049
CFT NV DEV
1120 N TOWN CENTER DR STE 150
LAS VEGAS, NV 89144
377-040-050
LE PREMIER INV
PO BOX 60163
IRVINE, CA 92602
377-040-051
PEPPER LANE-COSMO
15729 LOS GATOS BLVD STE 200
LOS GATOS, CA 95032
377-040-052
SAF OIL INC
29355 CENTRAL AVE
LAKE ELSINORE, CA 92532
377-070-029
STATE OF CALIF
464 W FOURTH ST 6TH FL
SAN BERNARDINO, CA 92401
377-081-032 & 033
WAN SHUFANG
30375 DE PARTOLA RD
TEMECULA, CA 92592
377-081-034
CHICK FIL A INC
5200 BUFFINGTON RD
ATLANTA, GA 30349
377-090-008
AVA KARAS
4030 BIRCH ST STE 100
NEWPORT BEACH, CA 92660
377-090-033
CHHABRA HARSH
3290 CARRIAGE HOUSE DR
CHINO HILLS, CA 91709
377-090-034
LEAL PROPERTIES
300 MARANATHA DR
HOLLISTER, CA 95023
377-090-035
H DOST
45029 PROMISE RD
LAKE ELSINORE, CA 92532
377-090-036
H DOST
45029 PROMISE RD
LAKE ELSINORE, CA 92532
377-090-037
3RD & DEXTER
2280 WARDLOW CIR
CORONA, CA 92878
377-090-042
HAMRA PROP
5140 E LA PALMA AVE # 203
ANAHEIM, CA 92807
377-090-052 & 053
WAL MART REAL ESTATE BUSINESS
TRUST
1301 SE 10TH ST
BENTONVILLE, AR 72716
377-090-054
COTTI FOODS CORPORATION
29801 SANTA MARGARITA PARKWAY
RANCHO SANTA MARG, CA 92688
377-090-055 & 056
JJDAN
6800 BISHOP RD
PLANO, TX 75024
377-090-057
AUTOZONE PARTS INC
123 S FRONT ST
MEMPHIS, TN 38103
377-380-001
FRANCO MARTIN
18700 CAMBERN AVE
LAKE ELSINORE, CA 92532
- 35 PRINTED -
* DUPLICATE OWNERS COMBINED
INTO A SINGLE LABEL
KIMLEY-HORN
REYNA NAVARRO |
ADMINISTRATIVE ASSISTANT
3801 UNIVERSITY AVE STE. 300
RIVERSIDE, CA 92501
ONE SET OF MAPS
VICINITY/AREA MAP
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Damaris Abraham, Assistant Community Development Director Date: November 14, 2023
Subject: Tract No. 28214, Revision to Conditions of Approval No. 67 and 69 Relating to Improvements at Lake Street and the Alberhill Ranch Road and Nichols Road Intersection
Recommendation
Approve revisions to Conditions of Approval No. 67 and 69 to state as follows:
67. a) Lake Street ultimate half width improvements between Alberhill Ranch Road and Nichols Road shall be completed prior to the 75th Building Permit, except for part b) of this condition. b) Power poles along Lake Street that may be in conflict with ultimate roadway widening shall be relocated by the 200th Building Permit.
69. Ultimate intersection improvements at Nichols Road and Alberhill Ranch Road, including the signalization shall be completed prior to the 125th Building permit.
Background
On January 13, 2004, the City Council certified Addendum No. 2 to the Alberhill Ranch Specific Plan EIR and approved Vesting Tentative Tract Map (VTTM) No. 28214 allowing the subdivision of approximately 163 acres into 913 single family residential lots, one (1) multi-family residential lot, and six (6) public and institutional lots. The expiration of VTTM No. 28214 was extended through a series of automatic and discretionary extensions, the most recent of which was a threeyear extension of time granted by the City Council on December 8, 2020.
On November 9, 2021, the City Council approved Final Map No. 28214-9 and on November 21, 2021, Tract Map No. 28214-9 was filed with the County Recorder thereby subdividing the approximately 134-acre site into 344 residential lots and 55 lettered lots with streets dedicated to the public for street and utility purposes.
Pulte Group – TR 28214-9 COA deferral
On April 18, 2023, the Planning Commission approved Residential Resign Review No. 2022-06 for Pulte Group (Pulte) the design and construction of 344 single-family detached residential units, preliminary plotting, conceptual landscaping, conceptual wall and fence plan, and related improvements in Tract No. 28214-9. Grading permits have been issued the project is currently under construction.
Discussion
Pulte has been working to improve Lake Street and Nichols Road to satisfy their offsite conditions of approval. Currently, the conditions of approval require the developer to complete improvements for Lake Street and Nichols Road prior to the issuance of the 50th building permit as shown below:
67. Lake Street ultimate half-width improvements between Alberhill Ranch Road and Nichols Road shall be completed prior to the 50th building permit.
69. Nichols Road and Alberhill Ranch Road ultimate intersection improvements shall be completed prior to the 50th building permit.
On October 12, 2023, Pulte submitted a letter requesting deferrals to Conditions of Approval 67 and 69 (Attachment 1). Pulte has been working closely with Southern California Edison (SCE) to progress both the Lake Street pole relocation as well as the Nichols Road electric final design.
However, the pole relocation work won’t be completed before the end of 2024. City staff has been working very closely with the developer on line of sight issues. There are also other easements that are necessary to acquire in order to place SCE equipment along Nichols which has impacted Pulte’s schedule. Staff is recommending Conditions of Approval 67 and 69 be revised as follows:
67. a) Lake Street ultimate half width improvements between Alberhill Ranch Road and Nichols Road shall be completed prior to the 75th Building Permit, except for part b) of this condition. b) Power poles along Lake Street that may be in conflict with ultimate roadway widening shall be relocated by the 200th Building Permit.
69. Ultimate intersection improvements at Nichols Road and Alberhill Ranch Road, including the signalization shall be completed prior to the 125th Building permit.
Fiscal Impact
No direct additional fiscal impact.
Attachments
Attachment 1 - Pulte Request to Extend TR 28214-9 COAs
Attachment 2 - Revised Conditions of Approval
Applicant’s Initials: _____ Page 1 of 15
CONDITIONS OF APPROVAL
(New text underlined and deletions in strikethrough)
PROJECT: PA 2018-64/RDR 2022-06
PROJECT NAME: VTTM 28214
PROJECT LOCATION: APNs: 389-090-032–035; 389-790-001–048; 389-800- 001–024; 389-801-001–031; 389-802-001–020; 389-
810-001–035; 389-811-001–011; 389-812-001–017;
389-820-001–007; 389-821-001–007; 389-822-001–
037; 389-830-001–022; 389-831-001–019; 389-832-
001–011; 389-840-001–024; 389-841-001–054
APPROVAL DATE: April 18, 2023
EFFECTIVE DATE: May 25, 2023
EXPIRATION DATE: May 25, 2025
GENERAL
1. Planning Application No. 2018-64 (Residential Design Review No. 2022-06) proposes the design and construction of 344 single-family detached residential units, preliminary plotting, conceptual landscaping, conceptual wall and fence plan and related improvements in Tract No. 28214-9. The proposed development is to be configured into four community groups each containing three one-story and two-story floor plans overall ranging in size from 1,959 to 3,337 square feet and features three architectural styles (Spanish, Prairie and Craftsman). The average lot size for Tract No. 28214-9 is 9,600 square feet, with the minimum lot size being 6,039 square feet. The project site consists of Tract No. 28214-9 on the south side of Nichols Road between Alberhill Ranch Road and Terra Cotta Road in Planning Area 1 of the Murdock Alberhill Ranch Specific Plan (APNs: 389-090-032–035; 389-790-001–048; 389-800-001–024; 389-801-001–031; 389- 802-001–020; 389-810-001–035; 389-811-001–011; 389-812-001–017; 389-820-001– 007; 389-821-001–007; 389-822-001–037; 389-830-001–022; 389-831-001–019; 389- 832-001–011; 389-840-001–024; 389-841-001–054).
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 RDR 2022-06, 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 RDR 2022-06 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 Conditions of Approval
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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. Residential Design Review No. 2022-06 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 two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.
5. The applicant shall adhere to the Conditions of Approval related to Tract Map No. 28214 and implement the Mitigation Measures identified in the 1989 Final Alberhill Ranch Specific Plan EIR, 1992 Addendum No. 1 to the Final Alberhill Ranch Specific Plan EIR, and the 2003 Addendum No. 2 to the Final Alberhill Ranch Specific Plan.
6. Future development shall comply with those requirements and provisions contained in the Murdock Alberhill Ranch Development Agreement dated January 4, 1992.
7. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate.
8. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.
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.
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.
12. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owners at least 30 days prior to the removal of any existing Conditions of Approval
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walls/fences along the project perimeter.
13. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all 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
14. The following architectural details shall be provided:
All front fence returns shall be decorative masonry walls. Wood fences will not be allowed along the front elevation. Wood, vinyl or steel (wrought iron or aluminum) gates are allowed in order to allow access to rear yards. The applicant shall provide four-sided articulation. Architectural enhancements and treatments shall be provided on all residential elevations (front, rear and side) visible from streets and other public views.
All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed.
15. Prior to the issuance of a grading permit, the project applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, including obtaining the necessary authorizations from the regulatory agencies for proposed impacts to jurisdictional waters. Authorizations may include a Section 404 Permit from the U.S. Army Corps of Engineers, a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, and a Section 401 Water Quality Certification/Waste Discharge Requirement from the Regional Water Quality Control Board.
16. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following:
Show that a masonry or decorative block wall will be constructed along the entire tract boundary.
Show materials, colors, and heights of rear, side and front walls/fences for proposed lots.
Show the location of all wood, vinyl or steel (wrought iron or aluminum) gates placed within the front return walls.
Show that side walls for corner lots shall be decorative masonry block walls. Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls.
17. Signs are not part of this project approval. All signage shall be subject to Planning Division or Planning Commission review and approval prior to installation.
18. Prior to issuance of a building permit, the applicant shall initiate and complete the formation of a Homeowner’s Association (HOA) which shall be approved by the City. All Association documents shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such Conditions of Approval
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documents shall include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs).
a. At a minimum, all recreation and park areas (except public parks), all natural slopes and open space, all graded slopes abutting public street rights-of-way which are not part of residential lots, up slopes from public rights-of-way within private lots and all private streets, and all drainage basins shall be maintained by the HOA.
19. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3'x3' sign at the entrance to the project site identifying the approved days and hours of 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. The sign shall identify the name and phone number of the development manager to address any complaints.
20. Construction phasing shall be implemented in accordance a Phasing Plan, subject to a review and approval by the Engineering and Building Departments, which avoids construction traffic from entering occupied neighborhoods within the tract.
21. Prior to issuance of a model home permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped-accessible bathroom.
22. A cash bond in the amount of $1,000 shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee.
23. A cash bond in the amount of $1,000 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee.
24. A cash bond in the amount of $1,000 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee.
25. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit.
26. The applicant shall pay all appropriate traffic impact mitigation fees.
27. The applicant shall pay all applicable fees including park fees.
28. The applicant shall comply with the following City programs: the City Source Reduction Conditions of Approval
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and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan.
29. Prior to issuance of a building permit, the applicant shall submit a letter of verification (willserve letter) to the City Engineer for all required utility services.
30. The project shall connect to water and sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards.
31. The applicant shall connect to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles submitted to EVMWD.
32. The applicant shall meet all requirements of the providing electric, gas and telephone utility companies.
33. All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit.
34. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent planting coverage using a combination of drip and conventional irrigation methods. Construction Landscape & Irrigation drawings shall be submitted to the Community Development Department with appropriate fees, for review and approval by the Community Development Director or designee.
The applicant shall replace any street trees harmed during construction, in conformance with the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size.
Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti.
The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed two (2) feet and whose canopy does not fall below six feet. The landscape plan shall provide for California native drought-tolerant ground cover, shrubs, and trees. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering.
No front-yard shall be landscaped with grass turf.
All landscape improvements shall be bonded with a ten percent (10%) Faithful Performance Bond of the approved estimated labor and materials cost for all planting. The bond shall remain in effect for one year from Certificate of Occupancy.
All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. All Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by:
Conditions of Approval
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i. Eliminating high and medium water-use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates low to very low water-efficient (“drought-tolerant” / climate-appropriate) plants;
ii.Requires an efficient irrigation system that includes:
1. ET-Based (“Smart irrigation”) controller(s) with weather-sensing, automatic shut-off and seasonal adjustment capabilities;
2. Efficient irrigation water application through use of:
a. Low-volume point-source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and/or b. Rotor-type nozzles for areas greater than ten (10) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71.
3. Improvement of soil structure for better water retention; and
4. Application of mulch to hinder evaporation.
The Final landscape plan shall be consistent with any approved site and/or plot plan.
The Final landscape plan shall include planting and irrigation details. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy.
All landscaping and irrigation shall comply with the water-efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto.
BUILDING DIVISION
General Conditions
35. 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.
36. 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 Lake Elsinore Municipal Code.
37. 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 clubhouse, trach enclosure tot lots and picnic areas.
Conditions of Approval
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38. 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.
39. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department evidencing the payment or exemption from School Mitigation Fees.
40. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work.
41. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits.
42. 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.
43. 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
44. 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 2022 edition of the California Green Code. 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)
45. 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.
46. 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)
47. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate Conditions of Approval
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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
48. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.
ENGINEERING DEPARTMENT
General
49. Project shall comply with applicable Conditions of Approval of the VTTM 28214 as approved by City Council on December 8, 2020.
50. All new submittals for plan check or permit shall be made using the City’s online Citizen Service Portal (CSSP).
51. All plans shall be prepared by a Registered Civil Engineer using the City’s standard title block.
52. 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.
53. 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.
54. 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.
55. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) as identified by the City shall be implemented.
Fees
56. Applicant shall pay all applicable permit application and Engineering assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full.
57. The applicant shall pay all applicable City fees, including (i) Plan Check and Permit fees, (ii) Impact/Mitigation Fees and (iii) Development Agreement and Supplemental Development Agreement Fees, at the prevalent rate at the time of payment.
The Project is subject to certain Impact/Mitigation fees, exempt from certain Impact/Mitigation Fees until the expiration of the vesting period on November 23, 2023 Conditions of Approval
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(pursuant to City’s February 18, 2022 approval of application to extend vested rights period), and has satisfied certain Impact/Mitigation fees. The following Impact/Mitigation Fees shall be due at the prevalent rate at the time of payment for all building permits: (1) Library Mitigation Fee and (2) Traffic Infrastructure Fee.
The following Impact/Mitigation Fees shall be due at the prevalent rate at the time of payment for all building permits issued on or after November 24, 2023 (1) Fire Facilities Fee, (2) City Hall and Public Works Facilities Fee, (3) Community Center Facilities Fee, (4) Lakeside Facilities Fee, and (5) Animal Shelter Facilities Fee. Western Riverside County Transportation Uniform Mitigation Fee (TUMF) shall be due at the prevalent rate upon the earlier of issuance of a certificate of occupancy or final inspection occurring on or after November 24, 2023, subject to any applicable TUMF Improvement Credit Agreement.
The Project is exempt from or has fully satisfied the following Impact/Mitigation Fees:
(1) Drainage District Fees, (2) Park Fees, and (3) MSHCP.
Storm Water Management / Pollution Prevention / NPDES
Construction
58. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project.
59. Prior to grading or building permit for construction or demolition and/or weed abatement activity, projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at the project site, updated, and be available for review upon request.
60. Erosion & Sediment Control – 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
61. 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:
Conditions of Approval
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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 Operation and Maintenance (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 longterm 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
62. 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) Improvements
63. Project shall install driveway approaches per County of Riverside Standard 207.
64. Lake Street and Nichols Road ultimate intersection improvements shall be completed prior to the 125th building permit.
65. Nichols Road ultimate half-width improvements between Lake Street and Alberhill Ranch Road shall be completed prior to the 200th building permit.
66. Nichols Road ultimate half-width improvements between Alberhill Ranch Road and Terra Cotta Road shall be completed prior to the 100th building permit.
67. Lake Street ultimate half-width improvements between Alberhill Ranch Road and Nichols Road shall be completed prior to the 50th building permit.
Conditions of Approval
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a) Lake Street's ultimate half-width improvements between Alberhill Ranch Road and Nichols Road shall be completed prior to the 75th Building Permit, except for part b) of this condition.
b) Power poles along Lake Street that may be in conflict with ultimate roadway widening shall be relocated by the 200th Building Permit.
68. Alberhill Ranch Road and Brianna Circle intersection improvements shall be completed prior the 25th building permit.
69. Nichols Road and Alberhill Ranch Road ultimate intersection improvements shall be completed prior to the 50th building permit. Ultimate intersection improvements at Nichols Road and Alberhill Ranch Road, including the signalization, shall be completed prior to the 125th Building permit.
70. Parkway improvements easterly of Alberhill Ranch Road between Nichols Road and two hundred seventy-five feet (275’) east of the Hudson Lane intersection shall be completed prior to the 125th building permit.
71. If existing improvements are to be modified, the existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit.
72. Project will be responsible to design and install streetlights along the property’s frontage.
Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but not limited to details such as location, pole and luminaire type, and pull box design.
Streetlight plans may be included as part of the Street Improvement Plans.
Permitting/Construction
73. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance.
74. 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.
Prior to Grading Permit
75. 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 submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual.
76. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern.
Conditions of Approval
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77. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.
78. 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.
Permitting/Construction
79. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance.
80. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity.
81. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC
15.72.065). Prior to commencement of grading operations, applicant shall 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.
82. 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.
Prior to Building Permit
83. All public street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer.
84. The following public improvements shall be completed prior to issuance of building permit as indicated:
Prior to Occupancy / Final Approval / Project Closeout
85. 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 prior to issuance of occupancy, or as designated above.
86. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
87. Covenants, Conditions and Restrictions (CC&Rs) shall be recorded prior to first occupancy if not recorded with the final map. A digital copy of the recorded document shall be provided to the Engineering Department.
88. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition.
Conditions of Approval
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89. All final studies and reports, final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection will be scheduled.
90. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
91. Applicant shall submit documentation pursuant to City’s Security Release handout.
92. As-built plans for all in-field revisions to approved plan sets shall be submitted for review and approval by the City. Applicant is responsible for revising original mylars.
93. Applicant shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans.
All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely.
Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope.
CITY OF LAKE ELSINORE FIRE MARSHAL
94. 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.
95. Hazardous Fire Area: this project is in a Very High Fire Hazard Severity Zone of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed within this project must comply with special construction and vegetation management provisions contained in the Lake Elsinore Municipal Code, California Residential Code, California Fire Code, and the California Building Code.
96. Each phase of development must independently meet all applicable fire department requirements.
97. Any structures required to have any mitigation measures stipulated in the fuel management/fire protection plan must comply with those requirements prior to final inspection.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD
98. Prior to approval of the Final Map, Residential Design Review, Conditional Use Permit, or building permit (as applicable), the applicant shall annex into Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services MelloRoos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative Conditions of Approval
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fiscal impacts of the project with respect to Public Safety services. Applicant shall make a non-refundable deposit of $15,000, or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
99. Prior to approval of the Final Map, Design Review, Conditional Use Permit, or building permit (as applicable), 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 right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, 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.
Conditions of Approval
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I hereby state that I acknowledge receipt of the approved Conditions of Approval for the abovenamed project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on_________. I also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number:
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Assistant Community Development Director Date: November 14, 2023
Subject: Professional Services Agreement with Helix Environmental Planning, Inc. for Environmental Documentation for the Collier Commercial Project Recommendation
Approve and authorize the City Manager to execute an agreement with HELIX Environmental Planning, Inc. in an amount not to exceed $53,700 to prepare California Environmental Quality Act (CEQA) compliance documents, in such final form as approved by the City Attorney.
Background
The City of Lake Elsinore is the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for preparing the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. Through the application fee process, the project applicant (Edward and Leslie Hamud) pays for the cost of preparing the environmental analysis.
Discussion
The applicant has submitted an entitlement application for a new industrial development located on the east side of Minthorn Street between Chaney Street and North Riley Street (APNs: 377- 190-002, 377-190-003, and 377-190-004). The project proposes a General Plan Amendment to change the General Plan land use designation from General Commercial (GC) to Limited Industrial (LI), and a Zone Change to change the zoning designation from General Commercial (C-2) to Limited Manufacturing (M-1) in conjunction with a Design Review to construct one (1) 3,000 square foot industrial building and one (1) 8,975 square foot industrial building on an approximately 2.63-acre site.
The project must prepare technical studies such as a Traffic Impact Report, Air Quality Report, Greenhouse Gas Emissions Report, Energy Report, Noise Report, Hydrology Report, Biological Report, Cultural Resources Report, Phase 1 Environmental Site Assessment, Paleontology Collier Commercial Properties (HELIX Environmental)
Report, and Geotechnical Report. Helix Environmental Planning, Inc. will utilize the above referenced technical studies to prepare a detailed analysis for the project as required by CEQA.
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 - Agreement
Attachment 2 - Proposal
AGREEMENT FOR PROFESSIONAL SERVICES
HELIX Environmetnal Planning, Inc.
ENVIRONMENTAL DOCUMENTATION FOR THE COLLIER COMMERCIAL PROJECT This Agreement for Professional Services (the “Agreement”) is made and entered into as of November 14, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and HELIX Environmental Planning, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
CEQA consulting services for the Collier Commercial (“Project”).
B. Consultant has submitted to City a proposal, dated September 26, 2023, 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.
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 fifty three thousand and seven hundred dollars ($53,700) 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.
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.
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
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
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.
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.
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: HELIX Environmental Planning, Inc.
Attn: Andrea S. Bitterling
7578 El Cajon Boulevard
La Mesa, CA 91942
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.
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
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]
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
Assistant City Manager
“CONSULTANT”
HELIX Environmental Planning, a corporation
By: Andrea Bitterling
Its: Group Manager
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
September 26, 2023
Carlos Serna
City of Lake Elsinore
Community Development Department, Planning Division
130 South Main Street
Lake Elsinore, CA 92530
[email protected] | (951) 674-3124 ext. 916
Subject: Letter Proposal to Provide Environmental Consulting Services for the Collier Commercial Properties Project
Dear Mr. Serna:
HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal to the City of Lake Elsinore to provide environmental consulting services for the Collier Commercial Properties Project (project) in the City of Lake Elsinore (City), Riverside County (County), California.
The project entails the construction of a one-story warehouse building encompassing 9,875 square feet; a one-story 3,000-square-foot office building; a storage yard; surface parking; and landscaping. The project would be constructed on 2.64-acre site on the north side of Minthorn Street between Chaney Street and Collier Avenue (Assessor’s Parcel Numbers 377-190-002, 377-190-003, and 377-190-004).
The project site is in the central portion of the City, west of Interstate 15 (I-15), and has a General Plan land use designation of Limited Industrial and a zone classification of General Commercial (C-2). The site is characterized by disturbed land that is used for materials and vehicle storage/staging. Surrounding uses include Collier Avenue and I-15 to the north, industrial uses to the east and south, and an undeveloped parcel containing drainage infrastructure to the west. I-15 is located approximately 250 feet to the east and the I-15/State Route 74 interchange is approximately 0.75 mile to the northwest.
The project is requesting approval of a General Plan Amendment to change the land use designation to General Commercial, a zone change to Limited Manufacturing (M-1), and Conditional Use Permit to allow an outdoor storage area as an accessory use.
Letter Proposal to Carlos Serna Page 2 of 6
September 26, 2023
SCOPE OF SERVICES
The services to be provided by HELIX include peer review of environmental technical studies, environmental compliance documentation pursuant to the California Environmental Quality Act (CEQA), and environmental project management and meeting attendance.
Task 1 Peer Review of Draft Technical Studies
HELIX will conduct a peer review of the first draft of technical studies addressing the following:
• Air Quality/Greenhouse Gas (GHG) Emissions/Energy;
• Biological Resources (General Biological Resources Assessment/MSHCP Consistency Analysis); • Cultural Resources;
• Hazardous Materials (Phase 1 Environmental Site Assessment [ESA]); • Noise; and
• Paleontological Resources.
The first draft of the technical studies identified above, prepared by the applicant’s consultant, will be provided to HELIX (including the technical report and any technical appendices) in electronic format (PDF and Word). HELIX will review the first draft technical reports for content, focusing on the scope and adequacy of the technical report to support the CEQA impact analysis for the project, as well as completeness, consistency, and accuracy. HELIX technical specialists will review the reports addressing air quality/GHG emissions/energy, noise, biology, and cultural resources, and an environmental generalist will review the hazardous materials report. Review of the paleontological resources analysis will be conducted by Chronicle Heritage as a subcontractor to HELIX.
HELIX will review one subsequent version of the revised technical reports to confirm that revisions have been incorporated to the satisfaction of the reviewer and City staff. This task also includes HELIX team reviewers’ attendance at two, one-hour comment resolution virtual meetings with City staff and the project applicant’s consultant(s), if required.
Deliverables:
HELIX will submit an electronic version (Excel format) of a technical studies comment matrix that details specific comments for each technical study. It is assumed the applicant’s consultant will provide written responses in the comment matrix to facilitate peer review of the revised technical reports. HELIX will provide an updated electronic version of the comment matrix upon completion of peer review of the revised technical reports.
Task 2 Draft Environmental Compliance Documentation
HELIX will prepare an Initial Study (IS) pursuant to CEQA in the City’s standard format that identifies potential environmental effects based on the questions included in the IS checklist. The City’s IS checklist is based on Appendix G of the CEQA Guidelines. The IS will include an introduction, a description of the project, an IS environmental checklist, and supporting figures. The IS will summarize the results and conclusions of technical analyses and studies prepared for the project, as well as address each environmental issue in the IS environmental checklist.
Letter Proposal to Carlos Serna Page 3 of 6
September 26, 2023
All technical studies needed to complete the IS will be provided by the City, including, but not limited to, air quality/GHG emissions/energy, noise, cultural resources, paleontological resources, biological resources, hazardous materials, transportation, geotechnical, and hydrology/water quality. Analysis within the provided technical studies shall be prepared to the satisfaction of the City and will address their respective issues at a sufficient level of detail to support the IS in accordance with CEQA. The City will provide HELIX a list of cumulative projects to include for the cumulative analysis in the IS.
The IS will form the basis for the City to decide as to what CEQA environmental compliance document will be prepared for the project. Based on the information currently available regarding the proposed project, it is anticipated that a Mitigated Negative Declaration (MND) will be the appropriate CEQA documentation for the project; however, should it be determined through review of the IS and technical studies that there is substantial evidence that the project may result in significant and unmitigable environmental impacts, an Environmental Impact Report (EIR) will be required. If the IS concludes that there is the potential for significant effects on the environment which may not be reduced below a level of significance through avoidance or implementation of mitigation measures, HELIX will immediately inform the City. If the City agrees with this conclusion, then an EIR would be required to be prepared and the scope and fee for this task would be amended accordingly. If there are impacts which can be mitigated either through project design or mitigation measures, an MND would be prepared.
The Draft MND will describe the proposed project including its location, identify potentially significant impacts and the associated mitigation that would avoid or reduce those impacts to less-than-significant levels, and include a finding that the proposed project would not, as mitigated, have a significant effect on the environment.
Deliverables:
HELIX will submit a draft IS electronically (in Microsoft Word and PDF formats) for City staff review.
HELIX will revise the draft IS one time in response to City comments (which are assumed to be minor, not requiring substantial revisions or new analysis). This scope assumes up to 12 hours of professional staff time to prepare the revised IS. Once the City determines an MND is appropriate for the project, HELIX will prepare and submit an electronic version of the draft MND for concurrent City staff review with the revised draft IS. An electronic version of a pre-print Public Review Draft IS/MND will be submitted to the City to authorize finalizing the Public Review Draft IS/MND. It is assumed that only minor formatting changes would be needed between the pre-print and public review drafts, and no substantive comments related to the technical analysis for any issue area would remain. HELIX will produce up to two printed copies of the Public Review Draft IS/MND (with appendices), as well as an electronic version to be posted on the City’s website.
HELIX will prepare a Notice of Intent (NOI) to Adopt an MND and submit it to the City for review and approval. The City will provide the mailing list for distribution of the NOI. HELIX will be responsible for distribution of the NOI to up to 75 recipients (via regular mail), as well as submitting the required deliverables to the State Clearinghouse and filing the NOI with the County Clerk. It is assumed that the City will be responsible for placing newspaper advertisements and paying the County Clerk filing fee.
Letter Proposal to Carlos Serna Page 4 of 6
September 26, 2023
Task 3 Final Environmental Compliance Documentation
This task assumes that an IS/MND is determined to be the appropriate CEQA document; should an EIR be required, the scope and fee for this task would be amended accordingly. In consultation with the City and project applicant, HELIX will respond to substantive comments received on the content of the Draft IS/MND during public review of the document. This scope assumes that preparation of responses to comments would occur within the limits of a 24-hour professional staff budget. An introduction, the responses, and revisions to the Draft IS/MND (if needed) will be incorporated into the final document.
To support the MND, HELIX will develop a Mitigation Monitoring and Reporting Program (MMRP) to identify responsibility for the mitigation monitoring and reporting schedule, and completion requirements.
Deliverables:
HELIX will submit an electronic copy (Microsoft Word and PDF versions) of a screencheck draft version of the Final IS/MND and revise it once per City staff comments (assumed not to be substantive or alter the analysis). This scope assumes up to 30 hours of professional staff time to prepare the screencheck Final IS/MND, up to 12 hours for the revised screencheck Final IS/MND, and up to 4 hours for the Final IS/MND. HELIX will produce an electronic version and up to two printed copies of the Final IS/MND (with appendices).
HELIX will prepare a draft Notice of Determination (NOD) and submit it to the City for review and approval. HELIX will be responsible for filing the NOD with the County Clerk and State Clearinghouse within five days of adoption of the Final IS/MND. The City will be responsible for payment of applicable California Department of Fish and Wildlife and County Clerk filing fees.
Task 4 Project Management
HELIX will provide general environmental project management services as the project undergoes environmental processing with City. Management tasks will consist of formal and informal communication with the project team, including telephone conversations and email. Other management responsibilities will include tracking budgets and reviewing schedule progress. Quality assurance reviews of major deliverables will be completed by senior staff prior to submittal to City. For the purposes of this cost estimate, it is assumed that the environmental review process will be completed within six months of its initiation and that four hours per month of the HELIX Project Manager’s time would be required. If the City requests additional services that cause HELIX to exceed the time allocated for this task, additional authorization would be required.
Task 5 Meetings
HELIX’s Project Manager will participate in up to four project meetings (assuming each meeting is virtual and 1.5 hours in duration, including preparation time and follow-up). No specific presentation graphics are anticipated for any of the meetings. It is assumed that HELIX attendance at public hearings will not be required and is not included in this scope of services.
Letter Proposal to Carlos Serna Page 5 of 6
September 26, 2023
SCHEDULE
An estimated schedule of the environmental review process is presented below. The schedule shows the sequence, estimated durations, and interdependence of the various tasks, with an assumed start date of November 1, 2023.
COLLIER COMMERCIAL
Estimated Environmental Review Schedule
* Assumes draft technical studies are provided to HELIX at the time of the kickoff meeting. ** Timing is dependent on receipt of revised technical studies. Schedule assumes technical studies will be revised by the Applicant's consultants within 30 days of receiving peer review comments from HELIX. *** Timing is dependent on City approval of the revised technical studies. Schedule assumes City-approved technical studies will be provided to HELIX within 30 days following completion of the revised technical studies.
COST ESTIMATE AND PAYMENT PROCEDURES
HELIX submits this cost estimate not to exceed $53,700, which is provided below in a breakdown by task. All work shall be invoiced on a time-and-materials basis pursuant to Exhibit A, Schedule of Fees.
Task
Number Task Name Cost
1 Peer Review of Technical Reports
Air Quality/GHG Emissions/Energy $3,600
Biological Resources 5,400
Cultural Resources 3,000
Hazardous Materials (Phase 1 ESA) 3,000
Noise 3,000
Paleontological Resources 3,200
2 Draft Environmental Compliance Documentation 17,300
3 Final Environmental Compliance Documentation 7,700
4 Project Management 6,000
5 Meetings 1,500
TOTAL $53,700
Letter Proposal to Carlos Serna Page 6 of 6
September 26, 2023
ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this proposal:
• City will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • City will provide HELIX with copies of all relevant technical studies/information prepared for the project, including relevant guidance documentation that the City previously provided to the applicant, such as scopes of work for the subject technical studies. The City also will provide information necessary to address utility service.
• HELIX may contact the specialists who prepared technical studies to ask questions and obtain additional information, as necessary. Any required additions or revisions to these reports are not included.
• Costs associated with additional meetings, public meetings, technical studies, biological surveys, permit preparation and processing, and/or CEQA processing not otherwise described in this scope (“additional work”) are not included within the scope of services. • Once peer reviews and preparation of the IS have begun, no changes to the project design will occur such that major revisions to the project description or re-analysis of any environmental issue will be required.
• Client is responsible for ensuring that technical reports that are provided to HELIX for the public record by any party not under subcontract to HELIX are consistent with the document accessibility requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and any similar requirements.
• HELIX is committed to meeting accessibility requirements for the ADA and Section 508 of the Rehabilitation Act for public-facing digital document deliverables. Information presented from third-party sources (e.g., California Emissions Estimator Model outputs) and documents prepared using the strike-out/underline feature, a standard for annotation of final CEQA documents, may not achieve the full level of accessibility.
CLOSING
This quote is good for 30 days from the date of this letter. We look forward to working with you on this project. If you have any questions concerning this proposal, please contact your Project Manager, Tim Belzman, at (619) 462-1515 or [email protected], or me at [email protected].
Sincerely,
Joanne M. Dramko, AICP
Environmental Planning Discipline Leader
Enclosure: Exhibit A, Schedule of Fees
EXHIBIT A
SCHEDULE OF FEES
CONSULTING SERVICES
Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time.
Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates.
Overtime also may be charged at one and one-half times our standard rates.
DIRECT COSTS
Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field equipment, as well as for plotting, color printing, and aerial photographs.
Payment
Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt.
PROFESSIONAL RATES
Current hourly rates for consulting services:
Principal $230-300
Principal Acoustician $215-225
Principal Biologist $225-290
Principal Landscape Architect $190-210
Principal Planner $220-290
Principal Regulatory Specialist $225-290
Principal Cultural Resources Specialist $190-210
Safety Manager $210-220
Senior Fisheries Scientist $250-255
Senior Noise/Air Quality Specialist $200-220
Senior Project Manager I-III $165-230
Senior Scientist $155-195
Senior Regulatory Specialist $160-$170
Project Manager I-III $135-175
Assistant Project Manager $120-145
Regulatory Specialist $105-150
Environmental Planner I-III $105-135
Biologist I-V $100-155
Noise/Air Quality Specialist $130-145
Environmental Compliance Specialist $85-125
Senior Archaeologist $125-170
Senior Architectural Historian $165-175
Archaeology Field Director $125-$135
Architectural Historian $120-155
Staff Archaeologist $80-125
Senior Landscape Architect $145-160
Landscape Architect $120-140
Landscape Planner I-III $110-120
Senior GIS Specialist $150-185
GIS Specialist I-III $110-140
Graphics $115-$125
Technical Editor $110-125
Operations Manager $100-140
Word Processor I-III $90-100
Clerical $65-75
Rates are subject to change on a yearly basis
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan Oliver Skinner, Director Of Community Services Date: November 14, 2023
Subject: Professional Services Agreement with Hit Print, Inc.
Recommendation
Approve and authorize the City Manager to execute a five-year Professional Services Agreement with Hit Print, Inc. in an amount not to exceed $75,000 ($15,000 per year) for printing and marketing for events and other needs in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $7,500 for uncertainties and adjustments.
Background
The Community Service Department utilizes Hit Print, Inc. for a variety of printing and marketing needs, including signs and banners and promotional items. Services are utilized by Special Events, Launch Pointe, LCC, DENC, and Senior Center.
Discussion
Community Service Department staff have been pleased with the services provided by Hit Print, Inc. in the past. This three-year agreement with two optional annual extensions will provide for continuity and flexibility in ordering printed items, which are often needed on short notice and within a tight timeframe.
Fiscal Impact
The funding for printing, marketing, and promotional items is available in each of the budget areas within the Community Service Department operating budget.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
AGREEMENT FOR PROFESSIONAL SERVICES
Hit Print, Inc.
PRINTING AND MARKETING SERVICES FOR COMMUNITY SERVICES DEPARTMENT
AND LAUNCH POINTE
This Agreement for Professional Services (the “Agreement”) is made and entered into as of November 14, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Hit Print, Inc., a corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Printing and marketing services for CSD and Launch Pointe Resort, including banners, post cards, and other printed materials.
B. Consultant has submitted to City a proposal, dated VEi, 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.
c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2023 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed Fifteen thousand dollars ($15,000) 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.
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.
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
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
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.
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.
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: Hit Print, Inc.
Attn: Jason Devor
28497 Hwy 74, #113
Lake Elsinore, CA 92530
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.
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
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]
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
Assistant City Manager
“CONSULTANT”
Hit Print, Inc., a corporation.
By: Jason Devor
Its: Owner
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
ITEM INFORMATION
Flyers 4"x6" up to 8.5"x11"
Post Cards 4"x6" up to 8.5"x11"
Business Cards
50-5000
50-5000
500-5000
$0.70 ea
$0.88 ea
$.025 ea
$0.11 ea
$0.29 ea
$.04 ea
Proposal
Address: 28497 HWY74 #113, Lake Elsinore, CA 92530
Phone: 951-906-9171
Email: [email protected]
Customer Name: City of Lake Elsinore
Address: 130 S Main St, Lake Elsinore, CA 92530
VENDOR INFORMATION :
Order Date: 11/1/2023 Order Number: PO-122808
Phone: 951-674-3124 Email:
[email protected]
SHIPPING INFORMATION :
Ship To: City of Lake Elsinore
Prices subject to annual CPI
adjustment. Evaluated June 1st.
Letterhead
Banner 2'x4' up to 8'x12'
QTY Unit Price Range
250-5000
1 250-5000
$60.00 ea
250-5000
$228.00
Design 1 $85.00 p/h $395.00 p/h
Custom orders will be billed at rates appropriate for job requested.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan Oliver Skinner, Director Of Community Services Date: November 14, 2023
Subject: Winterfest Street Closures
Recommendation
Approve Temporary Street Closures for the Winterfest event on December 2, 2023.
Background
The annual Winterfest event will be held on Saturday, December 2, 2023, on Historic Main Street, Lake Elsinore, from 3:00 p.m. to 8:00 p.m. The event features a holiday parade, tree lighting, craft vendors, food booths, free activity booths, sled runs, and pictures with Santa. Local downtown merchants are invited to stay open late as we kick off the festive holiday season with the lighting of the Holiday Tree and Santa's arrival.
Discussion
This year, the event will take place on Main Street in Downtown Lake Elsinore from 3:00 to 8:00 p.m., including a holiday parade that kicks off at 5:30 p.m. Last year, we added a "Night of Lights" theme to the parade. This year's parade theme will be Christmas Movie Magic. Staff anticipates approximately 10,000 attendees. As a result, staff are recommending road closures for event staging and festivities. The Sherriff's Department, Fire Department, Public Works Department, and Community Services Department will coordinate resources to ensure the event is a safe and memorable experience. To ensure the participants' safety, staff recommends the following road closures, as detailed in Attachments A and B. The street closures remain in place from 11:00 a.m. to 10:00 p.m. The street closures will be enforced by Law Enforcement personnel.
Fiscal Impact
Expenses for City personnel staffing will be accommodated via the Community Support fiscal budget.
Attachments
Attachment 1 - Street Closures Map (Before Parade)
Attachment 2 - Street Closures Map (After Parade)
LEGEND
Open Roadway
Closed Roadway
Full Road Closure
WINTERFEST 2023
SATURDAY, DECEMBER 2
nd
Before Parade
Attachment A
LEGEND
Open Roadway
Closed Roadway
Full Road Closure
WINTERFEST 2023
SATURDAY, DECEMBER 2
nd
After Parade
Attachment B
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan Oliver Skinner, Director Of Community Services Date: November 14, 2023
Subject: Little Rascals Agreement Amendment No. 1
Recommendation
Approve and authorize the City Manager to execute an amendment to the agreement/contract with Little Rascals Event Service, LLC in an amount not to exceed $60,000/year for three years for event services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $6,000/ for uncertainties and adjustments.
Background
The City entered into a one-year agreement with Little Rascals on 9/21/23 for rentals and attendant services for inflatable jumpers and other event equipment for events throughout the City and Launch Pointe Destination Resort. That agreement was for $10,000 annually with two (2) optional 12-month extensions. The City also has a multi-year agreement with Jolly Jumps for similar event services.
Discussion
Due to the limited number of vendors providing such event services, it is necessary for the City to amend the agreement with Little Rascals to increase the annual compensation and terms to provide additional flexibility in booking such services. Specifically, Jolly Jumps was unable to fulfill the needs for events services for the upcoming Winterfest on 12/2/23 so Little Rascals will be utilized for this event, necessitating this amendment the original agreement.
Fiscal Impact
Costs incurred for services provided through this agreement are included in the annual operating budgets for the Community Services Department and Launch Pointe Destination Resort.
Little Rascals Amendment No. 1
Attachments
Attachment 1 - Amendment No. 1
Attachment 2 - Original Agreement
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
LITTLE RASCALS EVENT SERVICE, LLC
EVENTS EQUIPMENT AND AMUSEMENT RENTALS AND SERVICES
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 11/14/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and Little Rascals Event Service, LLC, a Corporation (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 9/21/2023, (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 ten thousand dollars ($10,000/year).
C. The Original Agreement had a term of one year, commencing on 7/1/2023 and ending on 6/30/2024.
D. The parties now desire to amend the term and increase the payment 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 2 (c), Term, of the Original Agreement is hereby amended to read in its entirety as follows:
Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2023 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
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 Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed Twenty thousand dollars ($20,000) 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.
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
“CONSULTANT”
Little Rascals Event Services, a corporation
City Manager
Date:
Anthony Adcock, Owner
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Original Agreement (9/21/23) EXHIBIT A-1
ORIGINAL AGREEMENT (9/21/23)
[ATTACHED]
Little Rascals- Annual Professional Services Agreement Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
LITTLE RASCALS EVENT SERVICE, LLC
EVENTS EQUIPMENT AND AMUSEMENT RENTALS AND SERVICES
This Agreement for Professional Services (the “Agreement”) is made and entered into as of September 21, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Little Rascals Event Service, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Rentals and attendant services for inflatable jumpers and other event equipment for events throughout the City and at Launch Pointe Resort.
B. Consultant has submitted to City a proposal, dated September 20, 2023, 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: E18F2B5E-121D-444A-9F5D-81D2BB71B048
c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2023 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed Ten thousand dollars ($10,000) 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.
DocuSign Envelope ID: E18F2B5E-121D-444A-9F5D-81D2BB71B048
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: E18F2B5E-121D-444A-9F5D-81D2BB71B048
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: E18F2B5E-121D-444A-9F5D-81D2BB71B048
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: Little Rascals Event Services, LLC
Attn: Anthony J Adcock
23694 Canyon Heights Dr
Menifee, CA 92587-7247
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: E18F2B5E-121D-444A-9F5D-81D2BB71B048
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
Assistant City Manager
“CONSULTANT”
Little Rascals Event Services, a corporation
By: Anthony J Adcock
Its: Owner
Attachments: Exhibit A – Consultant’s Proposal
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EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: E18F2B5E-121D-444A-9F5D-81D2BB71B048 Little Rascals Scope of Service
9/20/23
DocuSign Envelope ID: E18F2B5E-121D-444A-9F5D-81D2BB71B048
Memorial Weekend Waterslides = $1,000
4th of July Waterslides = $1,000
Labor Day Waterslides = $1,000
Halloween Jumpers & Slide = $700
Halloween Laser tag = $900
DocuSign Envelope ID: E18F2B5E-121D-444A-9F5D-81D2BB71B048
Easter Events – April Jumper & Slide = $800 to $1,000
DocuSign Envelope ID: E18F2B5E-121D-444A-9F5D-81D2BB71B048 DocuSign Envelope ID: E18F2B5E-121D-444A-9F5D-81D2BB71B048 Commercial Automobile Liability Waiver Form
City of Lake Elsinore
Contractor (Consultant, etc.): ______________
Automobile Liability Requirements:
Minimum Scope of Insurance: Coverage shall be at least as broad as: Insurance Services Office Business Auto Coverage from CA 00 01 06 92 covering Automobile Liability, Code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
Minimum Limits of Insurance: Contractor shall maintain limits no less than: One million ($1,000,000) per accident for bodily injury and property damage.
Waiver Request:
Staff confirms that the Vendor is unable to obtain a non-owned auto endorsement to their General Liability Policy. Therefore an Automobile Liability waiver is being requested for the following reason(s):
Initial:
Vendor does not use an automobile in connection with their work.
The Vendor’s vehicle is not primarily used for commercial purposes. Therefore, although the Vendor has Automobile Liability coverage, the Vendor does not have Commercial Automobile Liability coverage.
Contractor:
ƐƐŝƐƚĂŶƚŝƚLJDĂŶĂŐĞƌ:
ŝƚLJDĂŶĂŐĞƌ:
Signature
Signature
Signature
Date
Date
Date
Little Rascals Event Services LLC
DocuSign Envelope ID: E18F2B5E-121D-444A-9F5D-81D2BB71B048 10/2/2023 | 5:11 PM PDT
10/9/2023 | 9:26 AM PDT
10/9/2023 | 9:31 AM PDT
CERTIFICATE OF EXEMPTION FROM WORKERS’ COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Worker’s Compensation Laws of the State of California.
Executed on _______________________, at Lake Elsinore, California. _____________________________ ____________________________ Contractor Contractor Signature
Little Rascals Event Services LLC
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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
23694 CANYON HEIGHTS DR Business Type:
MENIFEE, CA 92587
LITTLE RASCALS JUMPERS
LITTLE RASCALS EVENT SERVICES LLC
23694 CANYON HEIGHTS DR
MENIFEE, CA 92587-7247
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
LITTLE RASCALS JUMPERS
ANTHONY J ADCOCK
INFLATABLES/PARTY RENTALS
EVENT EQUIPMENT RENTALS / SPECIAL
EVENTS
027788
7/24/2023 7/31/2024
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: E18F2B5E-121D-444A-9F5D-81D2BB71B048
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: November 14, 2023
Subject: Agreement with Safety-Kleen Systems, Inc. for Environmental Services Recommendation
Approve and authorize the City Manager to execute the Contractor Services Agreement for OnCall Services with Safety-Kleen Systems, Inc., for Environmental Services in an amount not to exceed $10,000.00 per Fiscal Year for a term of three (3) years in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,000.00 for unanticipated costs.
Background
Safety-Kleen Systems, Inc. has provided services to the City of Lake Elsinore for the past three years. Safety-Kleen Systems, Inc. provides comprehensive and environmentally friendly solutions for managing various aspects of industrial waste. Safety-Kleen helps to properly handle and dispose of hazardous materials, such as used oil, solvents, and other industrial waste streams.
They offer services like waste collection, recycling, and re-refining that promote sustainability and compliance with environmental regulations.
Discussion
Staff would like to continue with the much-needed services as the City of Lake Elsinore can benefit from expertise, sustainable practices, and cost-effective solutions for managing industrial waste while ensuring compliance and promoting environmental responsibility.
Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Annual Operating Budget.
Agreement with Safety-Kleen Systems
Attachments
Attachment 1- Agreement
Exhibit A- Proposal
AGREEMENT FOR CONTRACTOR SERVICES
Safety-Kleen Systems, Inc.
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of November 14, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Safety-Kleen Systems, Inc., a Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
Recycling of used oil and industrial waste.
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 13, 2023, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.
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 services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.