Agenda packet — Lake Elsinore City Council, February 24, 2026 (part 6 of 9)

Table 1. Trip Generation for Proposed Construction Equipment Rental Facility AM Peak Hour' PM Peak Hour
Land Use Unit Quantity Total In Out Total In Out Dailv2 ITE Trip Generation Rates
Construction
Equipment Rental 1,000
Store (811) So.Ft. - 1.98 72% 28% 0.99 28% 72% 9.90
Proposed Trip Generation
Construction
Equipment Rental 1,000
Store (811) Sq.Ft. 11.975 24 17 7 12 3 9 119
'- Trip generation rates for the AM peak hour is not provided in the ITE Trip Generation Manual, therefore, it is estimated based on two times the PM peak hour rate 2• The rate for daily trips is estimated to be ten times the PM peak hour rate According to the City of Lake Elsinore " "
dated June 2020, projects that generate less than 100 vehicle trips during the AM or PM peak hour are exempt from Traffic Impact Analysis (TIA) requirements. With a projected trip generation of 24 trips during the AM peak hour and 12 trips during the PM peak hour, the proposed project is expected to have no or less than significant impact to nearby roadways and intersections. Therefore, further study of traffic impact is not required.

VMT SCREENING ASSESSMENT
For the purpose of Senate Bill (SB) 743, signed in 2013, and the California Environmental Quality Act (CEQA) compliance, a Vehicle Miles Traveled (VMT) analysis shall be conducted for land use projects as deemed necessary by the City and would apply to projects that have the potential to increase the average VMT per service population compared to the City's baseline threshold. The City's Guide has provided a number of screening steps, based upon recommendations from the Western Riverside Council of Governments (WRCOG) Implementation Pathway 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: [email protected] Proposed Construction Equipment Rental Facility March 25, 2022 29400 Enterprise Way, Lake Elsinore Page 2 of 4
Traffic Impact Analysis Preparation Guide
K2 Traffic Engineering, Inc.

Study, that may be applied to effectively screen projects from conducting a projectlevel assessment.

Step 1: Transit Priority Area (TP A) Screening
According to the City's Guidelines, projects located within a Transit Priority Area (TP A)1 may be presumed to have a less than significant impact absent substantial evidence to the contrary. Based on the WRCOG Screening Tool TPA map, shown in Exhibit 2, the project is not located within a TP A. The TP A screening is NOT MET.

Step 2: Low VMT Area Screening
Residential and office projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. Other employment-related and mixed-use projects within a low VMTgenerating area may also qualify for this screening if the project can reasonably be expected to generate VMT per service population similar to the existing land uses in the low VMT area.

As shown in the WRCOG Screening Tool Output, provided in Exhibit 3, the project site is located within a low VMT-generating area. The low VMT area screening step is MET.

Step 3: Project Type Screening
Local serving retail projects generally reduce vehicle travel by providing a more proximate location for shopping close to home. In accordance with the City's 1 A TP A is defined as a ½ mile area around an existing major transit stop or an existing stop along a high quality transit corridor per the following definitions:

Pub. Resources Code,§ 21064.3 - 'Major transit stop' means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

Pub. Resources Code, § 21155 - For purposes of this section, a 'high-quality transit corridor' means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: [email protected] Proposed Construction Equipment Rental Facility March 25, 2022 29400 Enterprise Way, Lake Elsinore Page 3 of 4
K2 Traffic Engineering, Inc.

Guidelines, local servmg retail projects less than 50,000 square feet may be presumed to have less than significant impact absent substantial evidence to the contrary.

The proposed facility is expected to have a gross floor area of 11,975 square feet, below the threshold of 50,000 square feet. The Project Type screening step is MET.

SUMMARY
The proposed construction equipment rental facility is expected to result in no or less than significant impact on nearby roadways and intersections. Further assessment of traffic impact is not required and the project is exempt from the TIA requirements.

The project is screened out from a project-level VMT assessment by meeting the Low VMT and Project Type screening steps. The project can be presumed to have a less than significant VMT impact.

Regards,
Jende
~ Kay Hsu, T.E.

California License TR2285
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: [email protected] Proposed Construction Equipment Rental Facility March 25, 2022 29400 Enterprise Way, Lake Elsinore Page 4 of 4
K2 Traffic Engineering, Inc.

K2 Traffic Engineering, Inc.
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EXHIBIT 2. TRANSIT PRIORITY AREA MAP - WESTERN COUNCIL OF GOVERNMENTS (WCOG) No Scale
WRCOG VMT Screening Tool K2 Traffic Engineering, Inc.

EXHIBIT 3. WRCOG VMT SCREENING TOOL OUTPUT
29400 Enterprise Way, Lake Elsinore, CA 92530
APN: 377190002; 377190003; 377190004; TAZ:3,557
Within a Transit Priority Area (TPA)?
No (Fail)
Within a low VMT generating TAZ based on Total VMT?
Yes (Pass)
Jurisdictional average 2012 daily total VMT per service population = 36.29 Project TAZ 2012 daily total VMT per service population= 30.67 Within a low VMT generating TAZ based on Residential Home-Based VMT? Yes (Pass)
Jurisdictional average 2012 daily residential home-based VMT per capita = 18.63 Project TAZ 2012 daily residential home-based VMT per capita= 11 .98 Within a low VMT generating TAZ based on Home-Based Work VMT? No (Fail)
Jurisdictional average 2012 daily home-based work VMT per worker = 11.76 Project TAZ 2012 daily home-based work VMT per worker= 13.00 Notes:
• TPA designation is based on October 2018 conditions.
• Screening results are based on location of parcel centroids. If results are desired considering the full parcel, please refer to the associated map layers to visually review parcel and TAZ boundary relationship.
• If VMT screening is desired for current baseline conditions, contact WRCOG for 2012 and 2040 VMT data. Interpolated VMT results can be obtained using the complete data set. • VMT results do not account for full length of trips that occur beyond the SCAG region. 0 100 200
US Feet
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Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-22
APNs: 377-190-002 thru -004
Aerial Map
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Geographics
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Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-22
APNs: 377-190-002 thru -004
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US Feet
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Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-22
APNs: 377-190-002 thru -004
General Plan Exhibit
BP -
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Professional
BP - Business
Professional
F -
Floodway
GC - General
Commercial
GC - General
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GC - General
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LI - Limited
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US Feet
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Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2021-22
APNs: 377-190-002 thru -004
Zoning Exhibit
CO -
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M1 - Limited
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PI -
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C2 - General
Commercial

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CS1.00 COLLIER COMMERCIAL PROPERTIES AP1

LA.E ELSI1ORE CA
PROJECT SUMMARY PROJECT DESCRIPTION: A NEW ONE STORY OFFICE BUILDING 'A' AND WAREHOUSE BUILDING 'B' WITH OUTDOOR STORAGE YARD. ALONG WITH SITE IMPROVEMENTS. OCCUPANCY: B, S-1 CURRENT ZONING: CH: COMMERCIAL PROPOSED ZONING: M-1: LIMITED MANUFACTURING CONSTRUCTION TYPE: V-B, SPRINKLERED SETBACKS: FRONT: 20 FT REAR: 20 FT SIDES: 0 FT SQUARE FOOTAGE: BUILDING 'A' 3,000 S.F. BUILDING 'B' 8,975 S.F. NUMBER OF STORIES: ONE STORY MAX HEIGHT: 30'-0" GROSS LOT AREA : 114,989 SF (PER SURVEY) NET LOT AREA: 114,989 SF (PER SURVEY) NO STREET DEDICATIONS REQUIRED. BUILDING/ CODE DATA SITE DATA ASSESSOR'S PARCEL NUMBER: 377-190-002 377-190-003 377-190-004 SITE ADDRESS: -- LEGAL DESCRIPTION LOT 26 BLK 90 MB 008/378 SD LOT 25 BLK 90 MB 008/378 SD LOT 24 BLK 90 MB 008/378 SD PARKING CALCULATION: REQUIRED PARKING PER LAKE ELSINORE MUNICIPAL CODE - SECTION 17.148.030.C FOR MANUFACTURING DISTRICTS. USE AREA RATE REQUIRED PROVIDED OFFICE (BUILDING 'A') 3,000 SF 1/500 SF = 6 6 WAREHOUSE (BUILDING 'B') 8,975 SF 1/1,000 SF = (8.98) 9 9 OUTDOOR STORAGE YARD 17,896 SF 1/1,000 SF = (17.89) 18 18 TOTAL: 33 33 H/C ACCESSIBLE SPACES REQUIRED: 2 H/C ACCESSIBLE SPACES (1 VAN, 1 STANDARD) H/C ACCESSIBLE SPACES PROVIDED : 2 H/C ACCESSIBLE SPACES (1 VAN, 1 STANDARD) TOTAL PARKING PROVIDED: 33 (31 STANDARD, 2 H/C ACCESSIBLE) CONTACT INFORMATION BUILDING/ CODE DATA 1. THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS, DIMENSIONS AND ELEVATIONS BEFORE PROCEEDING WITH THE WORK. 2. ALL DIMENSIONS ARE TO THE FACE OF STUDS, FACE OF CONCRETE OR MASONRY, FACE OF FINISH WHERE NOTED, AND CENTERLINE OF COLUMNS, UNLESS NOTED OTHERWISE. ALL DIMENSIONS NOTED AS "CLEAR" SHALL BE TO FACE OF FINISH. 3. ALL CONSTRUCTION SHALL COMPLY WITH THE LATEST EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING CODE, NATIONAL ELECTRICAL CODE, NATIONAL FIRE CODE, AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY GUIDELINES, CALIFORNIA CODE OF REGULATIONS TITLE 24 PARTS 1-5, 9 & 12 UNLESS NOTED OTHERWISE. 4. IT SHALL BE THE RESPONSIBILITY OF ANYONE SUPPLYING LABOR OR MATERIALS OR BOTH TO BRING ANY DISCREPANCY OR CONFLICT OF THE CODE AND THE DRAWINGS TO THE ATTENTION OF THE ARCHITECT. 5. REFERENCE TO ANY DETAIL OR DRAWING IS FOR CONVENIENCE ONLY AND DOES NOT LIMIT THE APPLICATION OF SUCH DETAIL OR DRAWINGS. 6. DISCREPANCIES IN THE DRAWINGS OR BETWEEN THE DRAWINGS AND ACTUAL FIELD CONDITIONS SHALL BE REPORTED TO THE ARCHITECT. 7. CONTRACTOR TO CHECK AND VERIFY SIZE AND LOCATION OF DUCTS, PLUMBING RUNS AND MECHANICAL AND ELECTRICAL EQUIPMENT BEFORE CONSTRUCTING WALLS, FLOOR, CEILINGS, CABINETS, EQUIPMENT BASES, ETC. 8. CONTRACTOR IS RESPONSIBLE FOR ALL WORK SHOWN ON THESE DRAWINGS AND SPECIFICATIONS UNLESS SPECIFICALLY NOTED OTHERWISE. 9. THE CONTRACT DRAWINGS AND SPECIFICATIONS REPRESENT THE FINISHED STRUCTURE UNLESS OTHERWISE SHOWN; THEY DO NOT INDICATE THE METHOD OF CONSTRUCTION. THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE WORK AND HE SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES. OBSERVATION VISITS TO THE SITE BY FIELD REPRESENTATIVES OF THE ARCHITECT AND HIS ENGINEERS SHALL NOT INCLUDE INSPECTIONS OF THE PROTECTIVE MEASURES OR THE CONSTRUCTION PROCEDURES REQUIRED FOR SAME, WHICH ARE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. ANY SUPPORT SERVICES PERFORMED BY THE ARCHITECT AND HIS ENGINEERS DURING CONSTRUCTION SHALL BE DISTINGUISHED FROM CONTINUOUS AND DETAILED INSPECTION SERVICES WHICH ARE FURNISHED BY OTHERS. THESE SUPPORT SERVICES PERFORMED BY THE ARCHITECT AND HIS ENGINEERS, WHETHER OF MATERIAL OR WORK, AND WHETHER PERFORMED PRIOR TO DURING OR AFTER COMPLETION OF CONSTRUCTION ARE PERFORMED SOLELY FOR THE PURPOSE OF ASSISTING IN QUALITY CONTROL AND IN ACHIEVING CONFORMANCE WITH CONTRACT DRAWINGS AND SPECIFICATIONS. BUT THEY DO NOT GUARANTEE CONTRACTOR'S PERFORMANCE AND SHALL NOT BE CONSTRUED AS SUPERVISION OF CONSTRUCTION.--- 10. THE CONTRACTOR SHALL PROVIDE COORDINATION BETWEEN ALL SUBCONTRACTORS AND TRADES. 11. THE CONTRACTOR WARRANTS TO THE OWNER AND THE ARCHITECT UNLESS OTHERWISE SPECIFIED, ALL PRODUCTS SHALL BE NEW, FREE OF DEFECTS AND FIT FOR THE INTENDED USE. 12. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL EXISTING UTILITIES WHETHER SHOWN HEREON OR NOT AND TO PROTECT THEM FROM DAMAGE. CONTACT SERVING UTILITIES AND/OR LOCAL UNDERGROUND SERVICE ALERT. THE CONTRACTOR SHALL BEAR ALL EXPENSES OF REPAIR OR REPLACEMENT IN CONJUNCTION WITH THE EXECUTION OF THIS WORK. 13. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING HIS WORK WITH EQUIPMENT SUPPLIED BY THE OWNER. 14. CERTAIN ITEMS OF EQUIPMENT OR FURNISHINGS WILL BE FURNISHED AND INSTALLED BY THE OWNER AND ARE INDICATED AS N.I.C., OTHER ITEMS WILL BE FURNISHED BY THE OWNER FOR INSTALLATION BY THE CONTRACTOR AS WORK OF THIS PROJECT AND ARE INDICATED AS "OWNER FURNISHED CONTRACTOR INSTALLED" (OFCI). 15. CONTRACTOR SHALL NOTIFY THE ARCHITECT OR ENGINEER OF ANY DISCREPANCIES, OMISSIONS OR AMBIGUITY IN THE DRAWINGS OR SPECIFICATIONS. 16. ITEMS OF A MECHANICAL OR ELECTRICAL NATURE MAY NOT NECESSARILY APPEAR ON THE ARCHITECTURAL DRAWINGS. SEE THE APPROPRIATE CONSULTANT DRAWINGS FOR ITEMS OF THIS NATURE. 17. FOR ALL WALL MOUNTED AND SEMI-RECESSED MOUNTED EQUIPMENT, ACCESSORIES, CABINETS, HANDRAILS, MECHANICAL/ELECTRICAL EQUIPMENT, ETC, PROVIDE SOLID BLOCKING OR BACKING PLATE. 18. PROVIDE PORTABLE FIRE EXTINGUISHER UNITS IN RECESSED CABINETS AS SHOWN AND AS DIRECTED BY THE AUTHORITY HAVING JURISDICTION. LOCATION AND TYPE OF EACH UNIT WILL BE DETERMINED BY THE AUTHORITY HAVING JURISDICTION. PROVIDE IN SUCH LOCATIONS SO THAT MAXIMUM FLOOR TRAVEL DISTANCE SHALL NOT EXCEED 75' TO THE NEAREST EXTINGUISHER FROM ANY POINT IN THE BUILDING WITHOUT GOING UP OR DOWN STAIRS. 19. THE CONTRACTOR SHALL SAFEGUARD THE OWNERS PROPERTY DURING CONSTRUCTION AND SHALL REPLACE ANY DAMAGED PROPERTY OF THE OWNER TO ORIGINAL CONDITION OR BETTER. 20. CONTRACTOR SHALL NOT BREAK SETS. THE CONTRACT DOCUMENTS ARE COMPLEMENTARY, WHAT IS REQUIRED BY ANY ONE SHALL BE AS BINDING AS IF REQUIRED BY ALL. 21. ALL WORK SHALL BE IN ACCORDANCE WITH CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION PER THE 2016 CALIFORNIA BUILDING CODE. 22. PROVIDE PEDESTRIAN PROTECTION BARRICADES AND/OR CANOPIES AS REQUIRED BY THE LOCAL AUTHORITIES, OR AS NECESSARY FOR PEDESTRIAN SAFETY. ARCHITECT JONATHAN A. ZANE CONTACT: JONATHAN ZANE 5033 ARLINGTON AVE. #A2 RIVERSIDE, CA 92504 (951) 376-1073 OWNER COLLIER COMMERCIAL PROPERTIES LESLIE & EDWARD HAMUD 29400 ENTERPRISE WAY LAKE ELSINORE, CA 92530 (951) 205.6411 LANDSCAPE ARCHITECT PACIFIC LANDSCAPE DESIGN CONTACT: LESTER A. SINCLAIR MENIFEE, CA 92584 (951) 821-8121 CIVIL ENGINEER NM CIVIL ENGINEERING, INC. CONTACT: NELSON MANLOLO 22880 VAN BUREN STREET GRAND TERRACE, CA 92313 (951) 712-0623 PROJECT DESCRIPTION A NEW ONE STORY OFFICE BUILDING AND WAREHOUSE BUILDING WITH OUTDOOR STORAGE YARD. ALONG WITH SITE IMPROVEMENTS. VICINITY MAP A.B. ABV. A.C. A/C A.C.T. ACOU. A.D. ADJ. ADJA. A.F.F. AGGR. AHU ALUM. ALT. ANOD. ARCH. ASPH. AVG. ANCHOR BOLT ABOVE ASPHALT CONCRETE AIR CONDITIONING ACOUSTIC TILE CEILING ACOUSTIC AREA DRAIN ADJUSTABLE ADJACENT ABOVE FINISHED FLOOR AGGREGATE AIR HANDLER UNIT ALUMINUM ALTERNATE ANODIZED ARCHITECTURAL ASPHALT AVERAGE BLK. B.M. B.O. B.U.R. BD. BLDG. BLKG. BM. BLOCK BENCH MARK BOTTOM OF BUILT UP ROOFING BOARD BUILDING BLOCKING BEAM C.B. CER. C.I.P. C.J. C.T. CAB CEM CL CLG. CLKG. CLO. CLR. CMU CNTR. C.O. COL. CONC. CONST. CONT. CONTR. CORR. CTR. CTSK. CATCH BASIN CERAMIC CAST IN PLACE CONTROL JOINT CERAMIC TILE CABINET CEMENT CENTERLINE CEILING CAULKING CLOSET CLEAR CONCRETE MASONRY UNIT COUNTER CLEAN OUT COLUMN CONCRETE CONSTRUCTION CONTINUOUS CONTRACTOR CORRIDOR CENTER COUNTERSUNK D. DBL. DEPT. DET. D.F. D.S. DEMO DIA./ Ø DIAG. DIM. DNDR. D.S.P. DEEP, DEPTH DOUBLE DEPARTMENT DETAIL DRINKING FOUNTAIN DOWN SPOUT DEMOLITIION DIAMETER DIAGONAL DIMENSION DOWN DOOR DRY STANDPIPE EA. E.A. E.F. E.J ELELECT. ELEV. EQ. EQUIP. EST. EXIST. OR (E) EXT. EACH EXPANSION ANCHOR EXHAUST FAN EXPANSION JOINT ELEVATION "ELECTRIC, ELECTRICAL" ELEVATOR EQUAL EQUIPMENT ESTIMATE EXISTING EXTERIOR FAFDF.E. F.E.C. F.G. F.O. F.O.B. F.O.C. F.O.F. F.O.M. F.O.S. FAB. FDN. FHC FIN.FL FLG. FLUOR. F.R.P. F.S. FTG. FURN. FURR. FIRE ALARM FLOOR DRAIN FIRE EXTINGUISHER FIRE EXTINGUISHER CABINET FINISHED GRADE FACE OF FACE OF BLOCK FACE OF CONCRETE FACE OF FINISH FACE OF MASONRY FACE OF STUDS FABRICATE FOUNDATION FIRE HOSE CABINET FINISH FLOOR FLOORING FLUORESCENT FIBERGLASS REINFORCED PANEL FINISHED SLAB FOOTING FURNISH FURRING G.I. GA. GALV. GAR. GB. GL GLB GYP. GYP. BD. H.B. H.C. H.M. H/C HDBD. HDW HGT. HOR. HVAC HW INCL INSUL. INT. JAN. JST. GALVANIZED IRON GAUGE GALVANIZED GARAGE GRAB BAR GLASS GLUE LAMINATED BEAM GYPSUM GYPSUM BOARD HOSE BIBB HOLLOW CORE HOLLOW METAL HANDICAPPED HARDBOARD HARDWARE HEIGHT HORIZONTAL "HEATING,VENTILATING & AIR CONDITIONING" HOT WATER "INCLUDE, INCLUSIVE" INSULATION INTERIOR JANITOR JOIST LAM LAV LT. LTG. LAMINATE LAVATORY LIGHT LIGHTING M.B. M.O. MAS. MAT'L MAX. MECH. MEMB. MFG. MFR. MIN. MISC. MIR. MTL. MUL MACHINE BOLT MASONRY OPENING MASONRY MATERIAL MAXIMUM MECHANICAL MEMBRANE MANUFACTURING MANUFACTURER MINIMUM MISCELLANEOUS MIRROR METAL MULLION (N) N.I.C. N.T.S. NO. NOM. NEW NOT IN CONTRACT NOT TO SCALE NUMBER NUMBER NOMINAL O.C. OFF. O.I. OPNG. OPP. ON CENTER OFFICE ORNAMENTAL IRON OPENING OPPOSITE P.L. P.LAM. PERF. PERP. PHP.I.P. PLAST. PLUMB. PLYWD. PORC. PREFAB. PSF PSI PTN. PVC PROPERTY LINE PLASTIC LAMINATE PERFORATED PERPENDICULAR PHASE POURED IN PLACE PLASTER PLUMBING PLYWOOD PORCELAIN PREFABRICATED POUNDS PER SQUARE FT POUNDS PER SQUARE IN PARTITION POLYVINYLCLORIDE Q.T. QTY. QUARRY TILE QUANTITY R. RAD. R.D. REINF. REF REQ'D RESIL. REV. RMR.O. RISER RADIUS ROOF DRAIN REINFORCED REFRIGERATOR REQUIRED RESILIENT REVISION ROOM ROUGH OPENING T & G T.O. T.O.B. T.O.C. T.O.F. T.O.J. T.O.M. T.O.S. T.O.W. T.S. T.V. TEL. TH. THD. THK. THRU TRANS. TYP. TONGUE AND GROOVE TOP OF TOP OF BEAM TOP OF CURB TOP OF FOOTING TOP OF JOIST TOP OF MASONRY TOP OF STEEL TOP OF WALL TUBE STEEL TELEVISION OUTLET TELEPHONE THRESHOLD THREADED THICK THROUGH TRANSFORMER TYPICAL U.N.O. UR. UNLESS NOTED OTHERWISE URINAL VEST. V.I.F. VCT VERT. VESTIBULE VERIFY IN FIELD VINYL COMPOSITION TILE VERTICAL W/C W.H. WCT WT. W/ W/O WD. W.I. W.S.P. WATER CLOSET WATER HEATER WAINSCOT WEIGHT WITH WITHOUT WOOD WROUGHT IRON WET STAND PIPE YD. YARD S.C. S.D. SECT. SHR. SL. SLDG. S.S. SCHED. SHT'G. SIM. SPECS SPKR. S.F. SQ. IN. STC STL. STOR. STRL. SUSP. SYM SYS. SOLID CORE SMOKE DETECTOR SECTION SHOWER SLOPE SLIDING STAINLESS STEEL SCHEDULE SHEATHING SIMILAR SPECIFICATIONS SPEAKER SQUARE FEET SQUARE INCHES SOUND TRANSMISION CLASS STEEL STORAGE STRUCTURAL SUSPENDED SYMMETRICAL SYSTEM ABBREVIATIONS DEFFERED SUBMITTAL ITEMS: - FIRE SPRINKLERS - FIRE ALARM - TRUSSESS (IF REQUIRED) - STORAGE RACKS (IF REQUIRED) DEFERRED SUBMITTALS SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TO THE ARCHITECT OR ENGINEER OF RECORD. WHO SHALL REVIEW THEM AND FORWARD THEM TO THE BUILDING OFFICIAL WITH A NOTATION INDICATING THAT THE DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN REVIEWED AND THAT THEY HAVE BEEN FOUND TO BE IN GENERAL CONFORMANCE WITH THE DESIGN OF THE BUILDING. THE DEFERRED SUBMITTAL ITEMS SHALL NOT BE INSTALLED UNTIL THEIR DESIGN AND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL. PLANS FOR THE DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED IN A TIMELY MANNER THAT ALLOWS A MINIMUM OF 30 WORKING DAYS FOR INITIAL PLAN REVIEW. ALL COMMENTS RELATED TO THE DEFERRED SUBMITTAL MUST BE ADDRESSED TO THE SATISFACTION OF THE PLAN CHECK DIFFUSION PRIOR TO APPROVAL OF THE SUBMITTAL ITEMS. AERIAL MAP PROJECT SITE PROJECT SITE NO.-C11,046 REN.8-31-21

L I CENSED

ARCH I TE CT

JONATHAN
L. ZANE

S T A T E
O F
C
A
L
I

F O R N I I
NOTICE:

The designs and ideas indicated by these drawings were created for the use of this project only and are the sole property of Jonathan L. Zane, Architect. These designs may not be used for any other purpose whatsoever or reproduced without the written consent of Jonathan L. Zane, Architect REVISIONS DATE: BY:

ZANE ARCHITECTURE
JONATHAN L. ZANE, ARCHITECT - CA. LIC. #C-11,046
5033 ARLINGTON AVE. #A2
RIVERSIDE, CA 92504 (951) 376-1073
LAKE ELSINORE, CA 92530
(951) 205-6411
APN: 377-190-002, 003, 004
COLLIER COMMERCIAL PROPERTIES 2022 C.B.C. 2019 C.A.C.
2022 C.P.C. 2019 C.M.C.
2022 C.E.C. 2019 C.F.C.

APPLICABLE CODES
2022 Cal. Green B.S.
2022 Cal. Energy Code
2022 Cal. Title 24

LAKE ELSINORE MUNICIPAL CODE
:

All new work shall comply with listed codes and
all current local and state ammendments. DATE : SCALE : DRAWN : JOB : SHEET : 09/14/2022 --MGAS NOTED SUBMITTALS DATE: PHASE DATE : 02/05/2020 09.28.22 PLANNING 1 01.11.23 PLANNING SHEET INDEX CS1.00 COVER SHEET, PROJECT INFO. & SHEET INDEX C1-2 GRADING PLAN TITLE SHEET C2-2 GRADING PLAN & DETAILS LC-1 LANDSCAPE CONCEPT PLAN A1.00 SITE PLAN A1.01 LINE OF SIGHT STUDY A1.10 WALL AND FENCE PLAN & DETAILS E1.1 ELECTRICAL SITE LIGHTING PHOTOMETRIC A2.10 FLOOR PLAN A3.10 EXTERIOR ELEVATIONS COLORED A3.20 EXTERIOR ELEVATIONS COLORED A3.30 MATERIAL & COLOR BOARD LANDSCAPE COVERAGE CALCULATION: LANDSCAPE AREA PROVIDED PER ZONE (SEE SHT. A1.00 FOR ZONE REFERENCES) -LANDSCAPE REQUIREMENTS PER LAKE ELSINORE MUNICIPAL CODE SEC. 17.140.100.C ZONE NO. AREA 1 1,956 SF 2 13,414 SF 3 6,000 SF 4 4,931 SF 5 3,618 SF TOTAL PROVIDED: 29,919 SF /114,989 = 26% TOTAL REQUIRED: 12% LAKE ELSINORE MUNICIPAL CODE 2022 CALIFORNIA BUILDING CODE 2022 CALIFORNIA MECHANICAL CODE 2022 CALIFORNIA ELECTRICAL CODE 2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE 2022 CALIFORNIA ENERGY CODE 2022 CALIFORNIA FIRE CODE 2022 CALIFORNIA ADMINISTRATIVE CODE 2022 CALIFORNIA TITLE 24 AND DISABLED ACCESS REGULATIONS APPLICABLE CODES FAR CALCULATION: GROSS BUILDING AREA / NET LOT AREA = FLOOR AREA RATIO (F.A.R.) 11,975 SF / 114,989 SF = 0.10 FAR PROVIDED = 0.10 MAX FAR ALLOWABLE = 0.45 ( FOR M-1 ZONING) MINTHORN ST.

COLLIER AVE.

Nelson M. Manlolo
C 36838
06-30- 24

CITY OF LAKE ELSINORE
APPROXIMATE EARTHWORK QUANTITIES:

INDEX MAP
LEGEND
SHEET 1

SHEET INDEX

TITLE SHEET
PRECISE GRADING PLAN SHEET 2
1-20-2023
ADJACENT PROPERTY: TOW YARD
ADJACENT PROPERTY: RETENTION BAY
ADJACENT PROPERTY: VACANT

BUILDING 'B'

BUILDING 'A'

OUTDOOR STORAGE YARD

OUTDOOR STORAGE YARD
ADJACENT PROPERTY: VACANT
F.F.=1178.5
PAD=1178.0
Nelson M. Manlolo
C 36838
06-30- 22
2 F.F.= 1177.0
PAD=1176.5
1-20-2023

MINTHORN ST.

COLLIER AVE. ADJACENT PROPERTY: TOW YARD ADJACENT PROPERTY: RETENTION BAY ADJACENT PROPERTY: VACANT (E) POWER POLE (E) 6'-0" CONC. BLOCK WALL. (E) 6'-0" CONC. BLOCK WALL. (E) 6'-0" CONC. BLOCK WALL. (E) POWER POLE (E) POWER POLE TO BE RELOCATED. (N) BIORETENTION AREA, LANDSCAPED. SEE CIVIL DRAWINGS. PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE (E) 6'-0" CHAIN LINK FENCE. (E) 6'-0" CHAIN LINK FENCE. (N) 40' POWER GATES. 8'-0" HT. (N) CONC. SIDEWALK, SEE CIVIL DWGS. (N) CONC. SIDEWALK, SEE CIVIL DWGS. (N) CONC. SIDEWALK, SEE CIVIL DWGS. (N) CONC. APRON, SEE CIVIL DWGS. 20'-0" SETBACK 40'-0" DRIVEWAY APPROACH 20'-0" SETBACK 78'-5 1/8" (N) TRASH ENCLOSURE. STONE VENEER OVER CMU BLOCK TO MATCH BUILDING. ADJACENT PROPERTY: VACANT ADJACENT PROPERTY: VACANT 8'-0" HT. SPLIT-FACED CMU WALL. A1.10 WALL/FENCE PLAN 1 - ENLARGED (N) ASPHALT CONC. DRIVEWAY (A/C). SEE CIVIL DWGS. (N) LANDSCAPE AREA. (N) LANDSCAPE, SEE LANDSCAPE DWGS. 8'-0" HT. SPLIT-FACED CMU WALL. ACCESSIBLE PATH TO TRASH ENCLOSURE 40'-0" DRIVEWAY APPROACH (E) 6'-0" CHAIN LINK FENCE. (11) STANDARD SPACES (1) STANDARD & (1) VAN ACCESSIBLE (N) ASPHALT CONC. DRIVEWAY (A/C). SEE CIVIL DWGS. (6) STANDARD (N) LANDSCAPE, SEE LANDSCAPE DWGS. (N) CONC. APRON, SEE CIVIL DWGS. BUILDING 'B' BUILDING 'A' PLANTING AREA. (N) LANDSCAPE, SEE LANDSCAPE DWGS. 10'-0" 8'-0" HT. SPLIT-FACED CMU WALL. (N) PANTING AREA. (N) LANDSCAPE, SEE LANDSCAPE DWGS. (9) STANDARD (5) STANDARD 40'-0" 30'-0" 119'-8" 65'-7 1/2" 8'-0" HT. SPLIT-FACED CMU WALL. (N) 40' POWER GATES. 8'-0" HT. OUTDOOR STORAGE YARD TOTAL AREA: 17,896 SF (N) ASPHALT CONC. DRIVEWAY (A/C). SEE CIVIL DWGS. 88'-0 1/4" 9'-0" 86'-0" 75'-0" 102'-7 7/8"
15'-0"
15'-0" 15'-0" A1.10 2 WALL/FENCE PLAN - ENLARGED A1.01 1 & 2 A1.01 1 & 2 LINE OF SIGHT (FROM MINTHORN ST TO I-15 FREEWAY SEE SHT. A1.01) 26'-0"

DRIVE ISLE
26'-0"
DRIVE ISLE 26'-0" DRIVE ISLE OUTDOOR STORAGE YARD TOTAL AREA: 17,896 SF 26'-0" DRIVE ISLE 26'-0" DRIVE ISLE 26'-0" DRIVE ISLE 26'-0"
DRIVE ISLE ZONE #4 AREA: 4,931 SF ZONE #2 AREA: 13,414 SF ZONE #1 AREA: 1,956 SF ZONE #3 AREA: 6,000 SF ZONE #5 AREA: 3,618 SF LINE OF SIGHT (FROM MINTHORN ST TO I-15 FREEWAY SEE SHT. A1.01) CANOPY (ABOVE) CANOPY (ABOVE) CANOPY (ABOVE) NO.-C11,046 REN.8-31-21 L I CENSED ARCH I TE CTJONATHAN L. ZANE S T A T E O F C A L I F O R N I I NOTICE:

APPLICABLE CODES
2022 Cal. Green B.S.
2022 Cal. Energy Code
2022 Cal. Title 24
LAKE ELSINORE MUNICIPAL CODE :

All new work shall comply with listed codes and
all current local and state ammendments. DATE : SCALE : DRAWN : JOB : SHEET : 09/14/2022 --MGAS NOTED SUBMITTALS DATE: PHASE DATE : 02/05/2020 09.28.22 PLANNING 1 01.11.23 PLANNING 1 SCALE:1'=30'-0" SITE PLAN 0 15' 30' 60' A1.00 SYMBOL DESCRIPTION SITE PLAN - SYMBOL LEGEND LANDSCAPE AREA - SEE LANDSCAPE DRAWINGS FOR MORE INFO. CONCRETE SURFACE - REFER TO CIVIL DRAWINGS. ACCESSIBLE PATH OF TRAVEL. DASHED LINE INDICATES ACCESSIBLE ROUTE FROM PUBLIC WAY AND PARKING. SLOPES NOT TO EXCEED 4.99% WITH 2% CROSS SLOPE EXCEPT AT RAMPS WHERE OCCURS PER PLANS. OUTDOOR STORAGE AREA N A1.01 1 & 2 A1.01 1 & 2 LINE OF SIGHT LINE OF SIGHT

PROPERTY LINE

PROPERTY LINE PROPERTY LINE PROPERTY LINE BUILDING 'A' BUILDING 'B' PROPOSED 8'-0" SITE WALL
PROPOSED 8'-0"

SITE WALL
PROPOSED 8'-0"
SITE WALL OUTDOOR STORAGE YARD OUTDOOR STORAGE YARD PARKING LOT PARKING LOT 33'- 0 1/8" 103'-7 1/8" 295'-5 5/8" 22'-8 1/8" 118'-9 3/8" 226'-3" 25'-0"

CENTER-LINE STREET

CENTER-LINE STREET
CENTER-LINE I-15 SOUTH TYP. EVERGREEN TREES, REFER TO LANDSCAPE DRAWINGS FOR MORE INFO. 5'-6" TO EYE LEVEL
C.L. MINTHORN ST.

PROPERTY LINE
C.L. COLLIER AVE.

PROPERTY LINE 103'-7 1/8"
5'-6" TO EYE LEVEL

SITE WALL

SITE WALL
8'-0"LINE OF SIGHT
LINE OF SIGHT 295'-5 5/8" 22'-8 1/8" 118'-9 3/8" STORAGE YARD OUTDOOR STORAGE YARD 33'-0 1/8" 1176.38 FS 1174.70 FS 1173.57 FS MATCH LINE MATCH LINE LINE OF SIGHT TYP. EVERGREEN TREES, MAX. MATURE TREE HEIGHT: 45-60FT. REFER TO LANDSCAPE DRAWINGS FOR MORE INFO. 1180.5 FG 1187.1 FS 8'-0"
45'-0" TREE HT.

C.L. COLLIER AVE.

PROPERTY LINE
5'-6" TO EYE LEVEL

SITE WALL
LINE OF SIGHT 22'-8 1/8" 118'-9 3/8"
MATCH LINE MATCH LINE 226'-3" 25'-0"
C.L. I-15 FWY. SOUTH
5'-6" TO EYE LEVEL LINE OF SIGHT TYP. EVERGREEN TREES, MAX. MATURE TREE HEIGHT: 45-60FT. REFER TO LANDSCAPE DRAWINGS FOR MORE INFO. 1180.5 FG 1187.1 FS 1197.1 FS 8'-0"
45'-0" TREE HT.
1 SCALE:1'=30'-0" LINE OF SIGHT - PARTIAL
0 15' 30' 60' NO.-C11,046 REN.8-31-21

L I CENSED

ARCH I TE CT

JONATHAN
L. ZANE

S T A T E
O F
C
A
L
I

F O R N I I
NOTICE:

APPLICABLE CODES
2022 Cal. Green B.S.
2022 Cal. Energy Code
2022 Cal. Title 24

LAKE ELSINORE MUNICIPAL CODE
:

All new work shall comply with listed codes and
all current local and state ammendments. DATE : SCALE : DRAWN : JOB : SHEET : 09/14/2022 --MGAS NOTED SUBMITTALS DATE: PHASE DATE : 02/05/2020 09.28.22 PLANNING 1 01.11.23 PLANNING A1.01
N
2 SCALE:1'=30'-0" LINE OF SIGHT - PARTIAL
0 15' 30' 60'
3 SCALE: NTS LINE OF SITE - SITE PLAN OVERLAY OUTDOOR STORAGE YARD 300'-0" 8'-0" HT. SPLIT-FACED CMU WALL. PROPERTY LINE A1.10 5 LANDSCAPE AREA (E) 6'-0" CONC. BLOCK WALL. (E) 6'-0" CHAIN-LINK FENCE. PL. PL. LANDSCAPE AREA PROPERTY LINE 30'-6" 15'-0" PL. (E) 6'-0" CONC. BLOCK WALL. LANDSCAPE AREA LANDSCAPE AREA 40'-0" POWER GATES 8'-0" HT. GATE MOTOR 8'-0" HT. SPLIT-FACED CMU WALL. A1.10 5 8'-0" HT. SPLIT-FACED CMU A1.10 WALL. 5 (E) 6'-0" CHAIN-LINK FENCE. 75'-0" 47'-8" 8'-0" HT. A1.10 POWER GATE. 40'-0" POWER GATES 3 8'-0" HT. 40'-0" PROPERTY LINE LANDSCAPE AREA 15'-0" 40'-0" 8'-0" HT. A1.10 POWER GATE. 3 TYP. PLANTING AREAS. PATH OF TRAVEL 5'-0" BUILDING 'A' 9'-6" 8'-0" HT. A1.1.1 MTL. GATE. 8'-0" HT. 4 MTL. GATE. A1.1.1 4 4'-0" 3'-0" 3'-0" 4'-0" TYP. CANOPY, SEE PLANS. TYP. MTL. PEDESTRIAN GATES 4 SCALE: 1/2" = 1'-0" TYP. CONC. BLOCK SITE WALL. 5 SCALE: 1/2" = 1'-0" CMU WALL. FINISH: GREY-LW/ SPLIT FACE BY ORCO OR EQUAL 8'-0" STONE CAP FINISH: GREY-LW BY ORCO OR EQUAL.
3" CLR. 1 1/2" SQ. TOP RAIL. METAL SIDING FINISH: SLATE GREY SPEC: ASC - DELTA RIB III 2" SQ. POST. MAX 10' SPACING. AS REQUIRED BY GATE MANF. 8'-0" 1 1/2" SQ. BOTTOM RAIL. MOTORIZED MTL. GATES 3 SCALE: 1/2" = 1'-0" 10"
MIN. LEVER HANDLE, MOUNTED 36" FROM AFF. ADA ACCESSIBLE GATE. GATE SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE WITH 10 INCHES FROM THE FINISH FLOOR TO EXTEND THE FULL WIDTH OF THE GATE, PER CBC 11B-404.2.10. METAL WALL SIDING FINISH: SLATE GREY SPEC: ASC - DELTA RIB III 2" SQ. DOOR FRAMING. PAINT TO MATCH MTL. SIDING. METAL SIDING FINISH: SLATE GREY SPEC: ASC - DELTA RIB III CMU WALL WHERE OCCURS. SEE 5/A1.10 1 SCALE:1'=30'-0" SITE WALL PLAN ALONG COLLIER AVE. NO.-C11,046 REN.8-31-21 L I CENSED ARCH I TE CTJONATHAN L. ZANE S T A T E O F C A L I F O R N I I NOTICE:

APPLICABLE CODES
2022 Cal. Green B.S.
2022 Cal. Energy Code
2022 Cal. Title 24
LAKE ELSINORE MUNICIPAL CODE :

COLLIER AVE. C @ 7' C @ 7'C @ 7' C @ 7' C @ 7' C @ 7' C @ 7' A @ 30' A @ 30' A @ 30' A @ 30' C @ 7' C @ 7' C @ 7' C @ 15' C @ 15' C @ 15' C @ 15' C @ 7' C @ 7' C @ 7' C @ 7' C @ 7' C @ 15' C @ 15' B @ 16' A @ 30' D @ 30' A @ 30' A @ 30' A @ 30' A @ 30' B @ 18' B @ 18' A @ 30' B @ 18' B @ 18' B @ 18' E @ 12' E @ 12' E @ 12' 0.5 0.8 1.0 1.0 1.2 1.4 1.6 1.8 1.8 0.5 0.8 0.9 1.0 1.1 1.4 1.6 1.8 1.8 0.5 0.7 0.8 0.9 1.1 1.4 1.7 1.8 0.5 0.7 0.8 0.9 1.2 0.5 0.7 0.8 1.0 1.3 0.5 0.7 0.9 1.2 0.6 0.8 1.1 1.4 0.7 0.9 1.4 0.8 1.2 1.7 1.0 1.7 1.1 1.9 1.6 1.6 1.9 1.6 1.8 1.8 1.9 1.4 1.6 1.6 1.7 1.7 1.2 1.3 1.4 1.5 1.0 1.1 1.3 1.4 0.9 1.0 1.1 1.2 1.8 1.8 1.8 1.9 1.8 1.6 1.7 1.8 1.9 1.5 1.6 1.7 1.8 1.3 1.5 1.5 1.6 1.1 1.2 1.1 1.3 1.8 1.8 1.7 1.7 1.7 1.6 1.4 1.3 1.8 1.7 1.7 1.7 1.7 1.5 1.3 1.2 1.5 1.6 1.7 1.7 1.7 1.7 1.6 1.5 1.3 1.2 1.5 1.6 1.7 1.7 1.8 1.8 1.7 1.7 1.6 1.5 1.4 1.1 1.4 1.6 1.7 1.7 1.8 1.8 1.8 1.8 1.8 1.7 1.5 1.4 1.2 1.5 1.6 1.7 1.8 1.9 1.9 1.9 1.9 1.9 1.8 1.6 1.5 1.3 1.0 1.2 1.5 1.7 1.9 2.0 2.1 2.1 2.0 1.9 1.7 1.6 1.6 1.5 1.5 1.6 1.7 1.9 2.0 2.0 2.1 2.0 2.0 1.9 1.8 1.6 1.5 1.0 1.3 1.6 1.7 1.9 2.0 2.1 2.0 2.0 1.9 1.8 1.6 1.6 1.6 1.6 1.7 1.8 1.9 2.0 2.1 2.2 2.2 2.1 2.0 2.0 1.8 1.6 1.1 1.3 1.6 1.8 1.9 2.0 2.0 2.0 2.0 1.9 1.8 1.7 1.7 1.8 1.8 1.7 1.8 1.9 2.0 2.1 2.2 2.2 2.2 2.2 2.2 2.1 2.0 1.8 1.7 1.5 1.1 1.3 1.5 1.7 1.9 2.0 2.0 2.0 1.9 1.9 1.9 1.9 1.9 2.0 2.0 1.9 1.9 1.9 2.0 2.1 2.2 2.3 2.2 2.2 2.2 2.1 2.0 1.9 1.8 1.7 1.7 1.8 1.1 1.3 1.5 1.7 1.9 2.0 2.0 1.9 1.9 2.0 2.0 2.0 2.0 2.2 2.2 2.1 2.0 2.0 2.1 2.2 2.3 2.3 2.3 2.2 2.2 2.1 2.0 1.8 1.8 1.8 1.8 1.7 1.6 1.6 2.1 2.4 2.4 1.1 1.3 1.5 1.7 1.9 1.9 1.9 1.9 1.9 2.0 2.0 2.1 2.1 2.1 2.2 2.1 2.2 2.1 2.0 2.1 2.2 2.3 2.4 2.3 2.3 2.2 2.1 1.9 1.8 1.8 1.8 1.8 1.8 1.7 1.6 1.6 1.5 1.5 1.6 1.7 1.7 1.6 1.5 1.2 1.1 1.3 1.5 1.7 1.9 1.9 1.9 1.9 1.9 2.0 2.0 2.1 2.1 2.0 2.1 2.1 2.1 2.2 2.3 2.3 2.3 2.3 2.3 2.3 2.0 1.8 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.6 1.6 1.6 1.7 1.6 1.6 1.5 1.4 1.3 1.2 1.1 1.2 1.4 1.5 1.7 1.9 1.9 1.8 1.8 1.8 1.9 1.9 2.0 2.0 2.0 2.0 2.2 2.3 2.3 2.3 2.4 2.3 2.3 2.0 1.9 1.7 1.6 1.7 1.7 1.7 1.8 1.7 1.7 1.7 1.8 1.8 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.3 1.5 1.6 1.8 1.9 1.9 1.9 1.7 1.8 1.8 1.8 1.9 1.8 1.7 1.9 2.1 2.2 2.3 2.3 2.4 2.4 2.0 1.9 1.7 1.6 1.6 1.6 1.6 1.7 1.8 1.8 1.8 1.9 1.9 1.9 1.8 1.8 1.6 1.5 1.4 1.4 1.6 1.7 1.8 1.9 2.0 1.9 1.9 1.7 1.6 1.7 1.6 1.7 1.6 1.5 1.6 1.7 1.8 2.0 2.1 2.3 2.4 2.4 2.3 2.1 1.9 1.7 1.6 1.5 1.5 1.6 1.7 1.7 1.8 1.8 1.8 1.9 1.9 1.9 1.8 1.7 1.7 1.6 1.6 1.6 1.7 1.8 1.9 1.9 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.4 1.4 1.5 1.6 1.7 1.7 1.7 1.8 1.9 2.2 2.3 2.1 1.9 1.7 1.5 1.4 1.4 1.5 1.6 1.6 1.7 1.7 1.8 1.8 1.8 1.8 1.8 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.8 1.9 1.9 2.0 2.0 1.9 1.8 1.6 1.5 1.4 1.3 1.2 1.2 1.3 1.4 1.5 1.6 1.6 1.6 1.6 1.5 1.6 1.6 1.5 1.4 1.3 1.4 1.4 1.5 1.6 1.6 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.8 1.8 1.8 1.8 1.9 1.9 1.9 1.9 1.9 1.8 1.6 1.4 1.3 1.2 1.1 1.1 1.2 1.3 1.4 1.5 1.5 1.4 1.4 1.3 1.3 1.4 1.3 1.3 1.3 1.4 1.4 1.6 1.6 1.7 1.7 1.7 1.8 1.7 1.7 1.7 1.8 1.8 1.8 1.9 1.9 2.0 1.9 1.9 1.9 1.8 1.7 1.6 1.4 1.3 1.1 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1.6 1.4 1.3 1.8 1.8 1.7 1.0 1.1 1.2 0.9 1.0 1.3 1.8 2.3 3.2 2.8 2.6 2.7 3.2 2.4 1.6 1.3 1.2 1.1 1.7 1.7 1.7 1.0 1.1 1.3 0.8 1.0 2.5 11.0 4.0 8.4 3.7 3.0 3.7 8.1 3.9 1.6 1.2 1.0 1.0 1.7 1.7 1.8 1.0 0.9 0.9 1.4 1.4 1.6 1.2 1.0 1.0 1.7 1.6 1.7 1.3 1.2 1.2 4.2 2.4 1.9 1.5 1.4 1.4 8.3 3.2 2.1 1.7 1.8 1.8 3.6 2.7 2.2 1.9 2.1 2.2 2.9 2.5 2.2 2.0 2.2 2.6 3.0 2.5 2.1 1.9 2.1 2.3 7.6 2.9 1.9 1.7 1.9 1.9 4.7 2.4 1.7 1.5 1.6 1.6 1.6 1.4 1.4 1.4 1.3 1.3 1.1 1.1 1.3 1.3 1.1 1.1 1.0 1.0 1.1 1.2 1.1 1.1 1.6 1.2 1.1 1.1 1.1 1.0 6.2 2.0 1.1 1.1 1.1 1.0 4.2 1.9 1.1 1.1 1.1 1.0 1.3 1.2 1.1 1.2 1.1 1.1 1.2 1.2 1.3 1.3 1.1 1.1 2.7 1.7 1.5 1.4 1.3 1.3 8.2 2.6 1.6 1.5 1.6 1.6 3.7 2.3 1.8 1.8 1.9 1.9 2.2 2.2 2.0 2.0 2.2 2.3 2.4 2.4 2.2 2.0 2.3 2.6 2.7 2.4 2.2 1.9 2.1 2.3 2.4 2.3 2.2 1.9 2.2 2.6 5.8 3.2 1.2 1.4 1.8 2.3 2.9 3.1 2.9 11.8 3.6 9.1 1.2 0.8 0.7 2.3 2.2 2.0 1.7 1.8 2.0 1.0 1.1 1.1 1.3 1.8 2.2 2.5 2.5 2.3 2.2 1.6 1.4 1.0 0.8 0.7 1.9 1.8 1.8 1.5 1.6 1.7 0.9 1.0 1.3 1.5 1.7 2.0 2.2 2.2 2.1 1.8 1.6 1.4 1.1 0.8 0.7 1.6 1.5 1.6 1.5 1.5 1.6 1.0 1.1 1.3 1.6 1.8 1.9 1.9 1.9 1.9 1.9 1.7 1.4 1.2 0.9 0.7 1.5 1.4 1.5 1.4 1.4 1.6 0.9 1.1 1.2 1.8 1.9 2.1 1.9 1.9 1.9 2.1 1.7 1.6 1.1 1.0 0.8 1.3 1.2 1.3 1.2 1.4 1.5 0.8 0.9 1.4 16.6 4.9 9.0 1.7 1.5 1.9 14.7 4.8 8.5 1.2 0.8 0.8 1.2 1.2 1.1 1.2 1.2 0.8 0.8 1.1 1.1 1.2 0.8 0.7 7.2 0.9 1.0 0.9 0.8 0.7 3.9 0.8 0.8 0.9 0.8 0.7 13.6 0.9 0.8 1.0 0.8 0.7 1.3 0.6 0.7 1.2 1.0 0.8 11.8 0.8 0.7 1.3 1.2 0.9 1.4 0.6 0.7 1.3 1.2 0.4 0.9 1.0 2.1 9.5 1.7 3.7 4.9 2.8 6.3 2.6 6.7 1.7 2.4 4.1 5.2 5.4 4.8 3.3 1.8 1.1 1.0 1.5 1.5 1.5 1.4 1.5 1.4 1.5 1.6 2.2 3.9 4.0 3.6 2.6 1.6 1.1 1.0 1.4 1.4 1.4 1.5 1.6 1.8 2.1 1.7 1.2 1.0 1.0 1.5 1.6 1.6 1.1 1.0 1.0 1.7 1.1 1.1 1.2 1.3 1.4 1.4 1.4 1.5 1.5 1.6 1.1 1.4 1.0 1.3 0.8 1.1 0.7 1.1 0.7 1.1 0.7 1.1 0.7 1.1 0.7 1.2 0.8 1.3 0.7 1.4 0.8 1.1 0.7 1.3 0.7 1.2 0.6 1.0 0.6 0.9 0.5 0.7 0.4 0.6 0.4 0.8 0.5 0.3 0.7 0.4 0.2 0.8 0.6 0.4 0.2 0.7 0.5 0.3 0.2 0.8 0.6 0.5 0.3 0.2 0.7 0.5 0.4 0.2 0.1 0.6 0.4 0.3 0.2 0.1 0.7 0.4 0.3 0.3 0.2 0.1 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0.1 0.2 1.2 0.9 0.6 0.4 0.2 0.1 0.2 0.7 0.5 0.3 0.2 0.2 0.2 0.4 0.3 0.2 0.1 0.2 0.3 0.3 0.2 0.1 0.1 0.2 0.3 0.2 0.1 0.2 0.4 0.2 0.2 0.3 0.5 0.2 0.2 0.3 0.6 0.2 0.2 0.3 0.6 0.3 0.2 0.4 0.7 0.3 0.2 0.5 0.8 0.3 0.2 0.6 1.0 0.3 0.2 0.7 1.2 0.4 0.2 0.7 1.3 0.4 0.2 0.8 1.5 0.5 0.2 0.5 1.6 0.6 0.3 0.5 1.6 0.7 0.4 0.8 1.5 0.8 0.5 0.8 1.4 1.0 0.6 0.7 1.2 1.2 0.7 0.6 1.0 1.4 0.8 0.5 0.9 1.6 0.9 0.4 0.8 0.9 0.5 0.4 0.8 1.6 0.9 0.4 0.8 1.5 0.9 0.4 0.7 1.4 0.8 0.4 0.7 1.2 0.7 0.4 0.8 1.0 0.6 0.4 0.8 1.0 0.5 0.5 0.9 0.9 0.5 0.6 1.0 0.9 0.5 0.7 1.2 0.9 0.4 0.8 1.3 0.9 0.4 0.8 1.5 0.9 0.5 0.9 1.6 1.0 0.6 0.5 1.2 1.1 0.6 0.9 1.5 1.3 0.7 0.8 1.4 1.5 0.8 0.7 1.2 1.6 0.9 0.6 1.0 1.3 0.5 0.5 0.9 1.7 0.9 0.4 0.8 1.6 0.9 0.1 0.2 0.2 0.3 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.2 1.4 1.6 1.8 1.9 1.9 1.8 1.7 1.4 1.3 1.1 1.0 1.0 0.9 0.9 0.9 0.9 0.9 0.9 0.9 1.0 1.0 0.2 0.2 0.3 0.4 0.4 0.5 0.6 0.7 0.8 0.9 1.0 1.1 1.4 1.6 1.8 1.9 2.0 1.9 1.7 1.5 1.3 1.2 1.1 1.1 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.1 1.2 1.3 1.5 0.2 0.3 0.3 0.4 0.5 0.5 0.6 0.7 0.8 0.9 1.0 1.2 1.4 1.6 1.7 1.8 1.8 1.8 1.7 1.6 1.4 1.3 1.3 1.2 1.2 1.1 1.1 1.1 1.1 1.2 1.2 1.2 1.2 1.3 1.4 1.6 1.7 1.9 0.2 0.3 0.4 0.4 0.5 0.6 0.6 0.8 0.9 1.0 1.1 1.2 1.4 1.6 1.7 1.8 1.9 1.8 1.8 1.7 1.6 1.5 1.4 1.4 1.3 1.3 1.3 1.3 1.3 1.4 1.4 1.4 1.4 1.4 1.5 1.7 1.8 2.0 2.0 1.8 0.3 0.3 0.4 0.4 0.5 0.6 0.7 0.9 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.8 1.7 1.7 1.7 1.6 1.6 1.6 1.5 1.5 1.5 1.5 1.5 1.6 1.6 1.5 1.6 1.6 1.7 1.8 1.8 1.8 1.9 1.8 1.6 1.4 0.3 0.4 0.4 0.5 0.6 0.7 0.8 1.0 1.1 1.2 1.3 1.4 1.5 1.5 1.6 1.7 1.7 1.7 1.8 1.8 1.8 1.8 1.8 1.8 1.7 1.7 1.6 1.6 1.7 1.8 1.8 1.7 1.7 1.7 1.7 1.8 1.9 1.9 1.8 1.7 1.5 1.3 1.1 0.9 0.4 0.5 0.5 0.6 0.7 0.8 0.9 1.1 1.2 1.3 1.4 1.2 1.0 0.9 0.8 0.7 0.4 0.5 0.6 0.7 0.8 0.9 1.0 1.2 1.3 1.4 0.9 0.8 0.7 0.6 0.5 0.4 0.5 0.6 0.7 0.7 0.9 1.0 1.1 1.2 1.3 1.0 0.9 0.7 0.6 0.6 0.5 0.4 0.3 0.6 0.7 0.7 0.8 1.0 1.1 1.2 1.3 0.9 0.8 0.6 0.6 0.5 0.4 0.3 0.7 0.7 0.8 0.9 1.0 1.2 1.3 1.4 1.0 0.8 0.7 0.6 0.5 0.4 0.3 0.8 0.8 0.9 1.0 1.1 1.3 1.4 1.4 0.9 0.8 0.6 0.5 0.5 0.4 0.9 0.9 0.9 1.1 1.2 1.4 1.4 1.5 1.0 0.8 0.7 0.6 0.5 0.4 0.9 0.9 1.0 1.1 1.3 1.4 1.5 1.6 1.0 0.9 0.8 0.7 0.6 0.4 1.0 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.1 0.9 0.8 0.7 0.6 0.5 1.2 1.2 1.2 1.3 1.4 1.5 1.6 1.7 1.2 1.0 0.9 0.8 0.7 0.5 1.3 1.4 1.4 1.4 1.5 1.6 1.7 1.8 1.2 1.1 0.9 0.8 0.7 0.6 1.6 1.6 1.6 1.6 1.6 1.6 1.8 1.8 1.3 1.1 1.0 0.8 0.8 0.7 1.8 1.8 1.7 1.7 1.7 1.6 1.8 1.9 1.4 1.2 1.0 0.9 0.9 0.8 1.9 1.9 1.8 1.8 1.7 1.7 1.7 1.8 1.4 1.3 1.1 1.0 0.9 0.8 1.9 1.9 1.8 1.8 1.7 1.7 1.7 1.8 1.4 1.3 1.2 1.1 1.0 0.9 1.8 1.8 1.7 1.7 1.7 1.6 1.7 1.8 1.5 1.4 1.3 1.2 1.1 1.1 1.6 1.7 1.6 1.7 1.6 1.6 1.8 1.9 1.6 1.5 1.4 1.3 1.3 1.3 1.4 1.5 1.5 1.5 1.5 1.6 1.8 1.9 1.7 1.6 1.6 1.5 1.6 1.5 1.3 1.3 1.3 1.4 1.5 1.6 1.7 1.8 1.8 1.7 1.8 1.7 1.8 1.7 1.1 1.2 1.3 1.3 1.4 1.6 1.7 1.8 1.8 1.9 1.9 1.8 1.9 1.9 1.1 1.2 1.2 1.3 1.4 1.6 1.8 1.8 1.9 1.9 2.0 1.9 2.0 2.0 1.1 1.2 1.2 1.3 1.5 1.6 1.8 1.8 1.9 1.9 2.0 1.9 2.0 1.9 1.1 1.1 1.2 1.3 1.5 1.6 1.8 1.8 1.9 1.9 1.9 1.9 1.9 1.8 1.0 1.1 1.1 1.3 1.4 1.6 1.7 1.8 1.9 1.8 1.8 1.7 1.7 1.6 1.1 1.1 1.2 1.3 1.5 1.6 1.7 1.8 1.9 1.7 1.7 1.6 1.5 1.4 1.1 1.2 1.2 1.3 1.5 1.7 1.8 1.8 1.9 1.7 1.6 1.5 1.4 1.3 1.1 1.2 1.2 1.3 1.5 1.7 1.8 1.9 1.9 1.7 1.5 1.4 1.4 1.2 1.1 1.2 1.3 1.4 1.5 1.6 1.8 1.9 1.9 1.7 1.5 1.4 1.3 1.2 1.3 1.3 1.3 1.4 1.5 1.6 1.8 1.9 1.9 1.7 1.5 1.3 1.3 1.2 1.4 1.5 1.5 1.5 1.6 1.7 1.8 1.9 1.9 1.7 1.5 1.3 1.3 1.2 1.6 1.7 1.6 1.6 1.6 1.7 1.8 1.9 1.8 1.6 1.5 1.3 1.3 1.2 1.8 1.8 1.7 1.8 1.7 1.7 1.8 1.9 1.8 1.6 1.5 1.3 1.3 1.2 1.9 1.9 1.8 1.8 1.7 1.7 1.8 1.9 1.8 1.7 1.5 1.4 1.4 1.3 1.9 1.9 1.8 1.8 1.7 1.7 1.8 1.9 1.8 1.7 1.6 1.5 1.5 1.4 1.8 1.8 1.8 1.8 1.7 1.7 1.8 1.9 1.9 1.8 1.7 1.7 1.6 1.6 1.7 1.7 1.6 1.7 1.7 1.7 1.9 2.0 1.9 1.9 1.9 1.9 1.9 1.8 1.4 1.5 1.5 1.6 1.6 1.7 1.9 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.3 1.3 1.3 1.4 1.6 1.7 1.9 2.0 2.0 2.1 2.1 2.1 2.2 2.0 1.1 1.1 1.2 1.4 1.5 1.6 1.9 1.9 2.0 2.1 2.2 2.1 2.2 2.0 1.0 1.0 1.1 1.3 1.5 1.7 1.8 1.9 2.0 2.0 2.1 2.1 2.1 1.9 2.1 2.0 2.0 2.0 2.0 1.8 2.0 1.9 1.9 1.8 1.8 1.6 2.0 1.9 1.8 1.7 1.7 1.5 1.5 1.6 1.6 1.7 1.7 1.8 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.8 1.8 1.8 1.8 1.9 1.9 1.9 1.9 1.8 1.8 1.8 1.8 1.8 1.8 1.7 1.5 1.4 1.5 1.6 1.7 1.7 1.7 1.8 1.8 1.9 2.0 2.0 2.0 2.0 2.0 2.0 1.9 1.9 1.9 2.0 2.0 2.0 2.0 2.0 2.0 1.9 1.8 1.8 1.7 1.6 1.5 1.4 1.2 1.1 1.4 1.5 1.5 1.6 1.7 1.7 1.7 1.8 1.8 1.9 1.9 2.0 2.0 2.0 2.1 2.1 2.0 2.0 2.1 2.1 2.2 2.1 2.1 2.1 2.0 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.0 1.4 1.5 1.5 1.6 1.6 1.6 1.5 1.6 1.7 1.8 1.9 1.9 2.0 2.0 2.2 2.2 2.2 2.2 2.2 2.3 2.3 2.2 2.1 2.1 2.1 2.1 2.0 1.9 1.8 1.7 1.6 1.5 1.3 1.2 1.1 1.4 1.5 1.5 1.5 1.5 1.5 1.4 1.4 1.4 1.5 1.7 1.7 1.8 1.9 2.1 2.2 2.3 2.4 2.3 2.4 2.5 2.3 2.2 2.1 2.1 2.0 2.1 2.0 1.9 1.8 1.8 1.7 1.6 1.5 1.4 1.2 1.1 1.5 1.5 1.5 1.6 1.5 1.4 1.3 1.3 1.3 1.4 1.5 1.6 1.7 1.8 2.0 2.2 2.3 2.3 2.2 2.3 2.4 2.3 2.1 2.0 1.9 1.8 1.9 1.9 1.9 1.9 1.9 1.8 1.7 1.6 1.5 1.3 1.1 1.6 1.6 1.6 1.6 1.5 1.3 1.2 1.1 1.1 1.2 1.3 1.3 1.5 1.7 1.8 2.0 2.1 2.2 2.2 2.2 2.1 2.1 1.9 1.8 1.7 1.6 1.9 1.8 1.8 1.8 1.9 1.9 1.8 1.7 1.5 1.4 1.2 1.6 1.6 1.6 1.5 1.4 1.3 1.2 1.1 1.8 1.9 1.9 1.8 1.7 1.6 1.4 1.3 1.6 1.6 1.6 1.5 1.4 1.3 1.2 1.1 1.9 2.0 1.9 1.8 1.7 1.6 1.4 1.3 1.7 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.9 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.8 1.8 1.7 1.6 1.4 1.3 1.3 1.2 1.8 1.9 1.9 1.9 1.8 1.7 1.6 1.5 1.9 1.8 1.7 1.6 1.5 1.4 1.4 1.3 1.9 2.0 2.0 2.0 1.9 1.8 1.7 1.5 1.9 1.9 1.8 1.7 1.6 1.6 1.5 1.4 2.0 2.1 2.2 2.0 1.9 1.8 1.7 1.6 1.9 1.9 1.8 1.8 1.7 1.7 1.7 1.6 2.1 2.2 2.2 2.1 1.9 1.8 1.7 1.6 1.9 1.9 1.8 1.8 1.8 1.9 1.8 1.7 2.1 2.2 2.3 2.1 1.9 1.8 1.7 1.6 1.9 1.9 1.8 1.8 1.8 1.9 1.8 1.8 2.1 2.2 2.3 2.1 2.0 1.9 1.8 1.7 1.9 1.9 1.8 1.8 1.8 1.9 1.8 1.8 2.0 2.2 2.3 2.2 2.1 2.0 1.9 1.8 1.9 1.9 1.9 1.9 1.9 2.0 1.9 1.8 1.9 2.1 2.2 2.2 2.1 2.1 2.0 1.9 1.9 1.9 1.9 1.9 1.9 2.0 1.9 1.7 1.8 2.0 2.0 2.1 2.1 2.1 2.1 2.0 1.9 1.9 1.9 1.9 1.9 1.9 1.8 1.7 1.6 1.8 1.9 1.9 2.0 2.1 2.1 2.0 1.9 1.9 1.9 1.9 1.8 1.7 1.7 1.5 1.5 1.6 1.8 1.8 1.9 2.1 2.1 2.0 1.9 1.9 1.8 1.8 1.7 1.7 1.6 1.5 1.3 1.6 1.8 1.8 2.0 2.1 2.1 2.0 1.8 1.8 1.8 1.8 1.8 1.6 1.5 1.4 1.3 1.5 1.8 1.9 2.0 2.1 2.1 2.1 1.8 1.8 1.8 1.8 1.8 1.7 1.5 1.3 1.3 1.6 1.8 2.0 2.1 2.2 2.2 2.1 1.8 1.8 1.8 1.8 1.8 1.7 1.5 1.3 1.3 1.6 1.8 2.0 2.1 2.2 2.2 2.1 1.9 1.9 1.8 1.8 1.8 1.7 1.5 1.3 1.4 1.7 1.9 2.0 2.1 2.1 2.1 2.0 1.9 1.9 1.9 1.8 1.8 1.7 1.5 1.4 1.5 1.8 1.9 2.0 2.1 2.1 2.1 2.0 1.9 1.9 1.9 1.9 1.8 1.7 1.6 1.5 1.7 1.9 2.0 2.0 2.0 2.1 2.1 2.1 2.0 2.0 2.0 1.9 1.8 1.8 1.7 1.6 1.8 2.0 2.1 2.1 2.1 2.1 2.1 2.1 2.0 2.0 2.0 2.0 1.9 1.9 1.8 1.7 2.0 2.2 2.3 2.3 2.2 2.1 2.1 2.1 2.0 2.0 1.9 1.9 1.9 2.0 1.9 1.8 2.1 2.3 2.4 2.3 2.2 2.1 2.1 2.0 2.0 1.9 1.9 1.9 1.9 2.0 1.9 1.8 2.2 2.3 2.5 2.3 2.2 2.1 2.1 2.0 1.9 1.9 1.8 1.8 1.9 2.0 1.9 1.9 2.2 2.3 2.4 2.3 2.2 2.2 2.1 2.0 1.9 1.9 1.8 1.8 1.9 2.0 1.9 1.8 2.1 2.3 2.5 2.4 2.3 2.2 2.2 2.0 2.0 2.0 1.9 1.9 1.9 2.0 1.9 1.8 2.0 2.3 2.4 2.4 2.4 2.3 2.2 2.1 2.1 2.0 2.0 1.9 1.9 1.9 1.8 1.7 1.9 2.2 2.3 2.3 2.4 2.4 2.3 2.2 2.1 2.0 2.0 1.9 1.8 1.7 1.7 1.6 1.8 2.0 2.1 2.2 2.3 2.3 2.3 2.2 2.0 2.0 1.9 1.8 1.8 1.7 1.6 1.6 1.6 1.8 2.0 2.1 2.1 2.3 2.2 2.1 1.9 1.9 1.9 1.8 1.7 1.6 1.6 1.4 1.5 1.7 1.9 2.0 2.1 2.2 2.2 2.1 1.9 1.8 1.8 1.8 1.7 1.6 1.5 1.3 1.3 1.6 1.8 2.0 2.1 2.2 2.2 2.2 1.3 1.5 1.8 1.9 2.1 2.2 2.2 2.2 1.2 1.4 1.7 1.9 2.1 2.2 2.2 2.2 1.0 1.3 1.6 1.8 2.0 2.2 2.2 2.2 RIVERSIDE ENGINEERING GROUP - # -S T A T E OF CA L I FORN I A REG I ST ERED PROF ESS I ONA L ENG I NEER E L E C T R I C A L No. E-21025 R Y A N J O S E P H G A L A Z Exp. 03/31/23 ELECTRICAL SITE LIGHTING PHOTOMETRIC E-1.1 Statistics Description Symbol Avg Max Min Max/Min Avg/Min Driveway 1.8 fc 2.5 fc 1.0 fc 2.5:1 1.8:1 Landscape 1.6 fc 1.9 fc 1.1 fc 1.7:1 1.5:1 Landscape 1.2 fc 1.9 fc 0.5 fc 3.8:1 2.4:1 Landscape 0.8 fc 2.4 fc 0.2 fc 12.0:1 4.0:1 Landscape 0.4 fc 1.6 fc 0.0 fc N/A N/A Landscape 0.4 fc 1.9 fc 0.0 fc N/A N/A Outdoor Storage Yard 1.4 fc 2.2 fc 0.1 fc 22.0:1 14.0:1 Parking Lot 1.7 fc 2.4 fc 0.9 fc 2.7:1 1.9:1 Pedestrian Walkway 2.1 fc 16.6 fc 0.7 fc 23.7:1 3.0:1 Pedestrian Walkway 2.0 fc 13.6 fc 0.4 fc 34.0:1 5.0:1 Trash Enclosure 1.9 fc 2.1 fc 1.5 fc 1.4:1 1.3:1 Walkway 1.4 fc 2.2 fc 0.8 fc 2.8:1 1.8:1 Schedule Symbol Label Quantity Manufacturer Catalog Number Description Lumens Per Lamp Wattage A 10 Lithonia Lighting DSX1 LED P5 30K TFTM MVOLT HS DSX1 LED P5 30K TFTM MVOLT with houseside shield 11473 138 B 6 Lithonia Lighting DSXW1 LED 20C 1000 30K TFTM MVOLT DSXW1 LED WITH (2) 10 LED LIGHT ENGINES, TYPE TFTM OPTIC, 3000K, @ 1000mA. 7182 73.2 C 21 Lithonia Lighting OLLWD LED P1 40K MVOLT OUTDOOR LED WALL CYLINDER DOWN LIGHT & 4000K NICHIA 219C 576 9.02 D 1 Lithonia Lighting DSX1 LED P5 30K TFTM MVOLT DSX1 LED P5 30K TFTM MVOLT 14694 138 E 3 Lithonia Lighting OLCFM 15 WH GENERAL PURPOSE LED CAST FLUSH MOUNT WITH WHITE FINISH 1099 16.6 BLDG. B 8,975 SF STORAGE 8,343 SF 4'HX6'LX1.5'W RUSTED PLANTERS, TYP. ELEC. ROOM 64 SF ELEC. EQUIPT., AIR HANDLER STORAGE. ADA SHOWER DRINKING FOUNTAIN WOMEN R.R. MEN R.R. GD 20'X16' GD 20'X20' ELECTRICAL EQUIPT., AIR HANDLER STORAGE. BLDG. A 3,000 SF OFFICE #1 144 SF OFFICE #2 144 SF OFFICE #3 144 SF OFFICE #4 144 SF OFFICE #5 144 SF STORAGE 402 SF BREAK ROOM 192 SFGUEST AMENITIES BEVERAGE AREA. 40'-0" 30'-0" 119'-8" 9'-0" 11'-0" 28'-4" 53'-4" 27'-0" 12'-0" 9'-0" 13'-5" 13'-11" 12'-8 1/8" 27'-3 7/8" 119'-8" 11'-0" 108'-8" 189'-8" 32'-6" 7'-6" 30'-0" 9'-0" 12'-0" 9'-0" 12'-0" 15'-6" 12'-0" 23'-6" 12'-0" CONFERENCE ROOM 930 SF 37'-6"
75'-0" 189'-8"
37'-6"
13'-0"
6'-5" 6'-7"
75'-0"
12'-4" 12'-4" 12'-4" 12'-4" 12'-8"
6'-4" 6'-0" 6'-4" 6'-0"
13'-2" 7'-4" 13'-7 3/8" 5'-0 3/4" 67'-8" 6'-4" 5'-0" 16'-10" 5'-6" 12'-0" 3'-3 1/2" 6'-0" 3'-4 1/2" 2'-0" 34'-6" 4'-0" 9'-4" OUTDOOR SEATING 2,250 SF PATIO COVER (ABOVE) CANOPY (ABOVE) LANSCAPE AREA ALL-GENDER A3.20 2 LANSCAPE AREA LANSCAPE AREA CANOPY (ABOVE) 4'HX6'LX1.5'W RUSTED PLANTERS, TYP. CANOPY (ABOVE) 4'HX6'LX1.5'W RUSTED PLANTERS, TYP. 4'HX6'LX1.5'W RUSTED PLANTERS, TYP. A3.10 3 A3.10
2 A3.10
1 A3.20
1 3.20
3 GD 20'X16' 11'-0" 18'-0" 3'-6" NO.-C11,046 REN.8-31-21

L I CENSED

ARCH I TE CT

JONATHAN
L. ZANE

S T A T E
O F
C
A
L
I

F O R N I I
NOTICE:

APPLICABLE CODES
2022 Cal. Green B.S.
2022 Cal. Energy Code
2022 Cal. Title 24

LAKE ELSINORE MUNICIPAL CODE
:

All new work shall comply with listed codes and
all current local and state ammendments. DATE : SCALE : DRAWN : JOB : SHEET : 09/14/2022 --MGAS NOTED SUBMITTALS DATE: PHASE DATE : 02/05/2020 09.28.22 PLANNING 1 01.11.23 PLANNING ID SIZE (WXH) REMARKS 6'-0" X 9'-0" ALUM. GLASS STOREFRONT SYSTEM 6'-0" X 2'-0" ALUMINIUM WINDOW - FIXED. 6'-0" X 3'-0" ALUM. GLASS STOREFRONT SYSTEM 3'-0" X 12'-0" ALUM. GLASS STOREFRONT SYSTEM 4'-0" X 2'-0" ALUMINIUM WINDOW - FIXED. ID SIZE TYPE/HARDWARE 3'-0" X 8'-0'' STOREFRONT DOOR W/ DOOR PULL HARDWARE 3'-0" x 8'-0'' HOLLOW METAL W/ LEVER HARDWARE 3'-0" x 8'-0" HOLLOW CORE W/ LEVER HARDWARE 20'-0" x 16'-0" ROLL-UP DOOR 20'-0" x 20'-0" ROLL-UP DOOR 3'-0" x 7'-0" HOLLOW METAL WITH LEVER HARDWARE 6'-0"x7'-0" TEMPERED GLASS AUTOMATIC SLIDING DOOR DOOR SCHEDULE WINDOW SCHEDULE 1 SCALE: 1/8" = 1'-0" FLOOR PLAN
0 4' 8' 16'
N A2.10

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: 0011778611
Customer's Reference/PO Number:

Publication: The Press-Enterprise
Publication Dates: 02/14/2026
Total Amount: $482.89
Payment Amount: $0.00
Amount Due: $482.89
Notice ID: xofu0dQvxYVQUA4Y98ae
Invoice Text: [https://res.cloudinary.com/dgqq2xsfd/image/upload/q_auto:best/enoticeproduction/documentcloud/notices/1770770873871/city_logo_for_notices__1_.png] NOITICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a Public Hearing on February 24, 2026, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following: Planning Application No. 2021-22 (Collier Commercial Properties): The proposed Collier Commercial Properties Project would develop the existing 2.64-acre project site with a 3,000 sq. ft. office building and an 8,975 sq. ft. manufacturing warehouse building with outdoor storage. The project includes the following entitlements: a General Plan Amendment (GPA 2021-02) to amend the Land Use Designation of the project site from General Commercial (GC) to Limited Industrial (LI); Zone Change (ZC 2021-02) to change the zoning from General Commercial (C2) to Limited Manufacturing (M-1); Conditional Use Permit (CUP 2022-25) to establish outdoor storage; and Industrial Design Review (IDR 2021-03) to construct a 3,000 sq. ft. office building and a 8,975 sq. ft. manufacturing warehouse building. The project is located on West Minthorn Street and includes Assessor Parcel Numbers 377-190-002 through 377-190-004. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study (IS; Environmental Review No. 2023-03) was prepared for the project to assess potential environmental impacts. The IS determined that the project would have potentially significant environmental impacts, but those potentially significant impacts could be mitigated to less than significant levels. A Mitigated Negative PH-PA2021-22 Collier Commercial Properties - 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: 0011778611
FILE NO. 0011778611

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:
02/14/2026
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: February 14, 2026.

At: Riverside, California
______________________________
Signature
PH-PA2021-22 Collier Commercial Properties - Page 1 of 1

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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Nancy Huynh, Principal Planner
Tamara Harrison, Contract Planner
Date: February 24, 2026
Subject: Planning Application No. 2024-15 (Dexter Village) – A Senate Bill (SB) 330 Application for a 451-Unit Residential Development with 137 Single-Family Units, 230 Apartment Units, and 84 Townhomes on a 23.05-Acre Property Located Along Dexter Avenue Between Second Street and Third Street Applicant: James Walters, Fairbrook Communities, LLC
Recommendation

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER-2023-02; SCH NO. 2025110457) FOR PLANNING APPLICATION NO. 2024-15 (TENTATIVE TRACT MAP 38512, CONDITIONAL USE PERMIT NO. 2024-08, AND RESIDENTIAL DESIGN REVIEW NO. 2024-07);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2024-15 (TENTATIVE TRACT MAP 38512, CONDITIONAL USE PERMIT NO. 2024-08, AND RESIDENTIAL DESIGN REVIEW NO. 2024-07) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP);
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3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38512 TO SUBDIVIDE 23.05 ACRES INTO A 6.6-ACRE PARCEL FOR AN APARTMENT DEVELOPMENT, TWO LOTS FOR CONDOMINIUM PURPOSES TOTALING 3.8 ACRES, AND 137 SINGLE-FAMILY

RESIDENTIAL LOTS FOR THE DEXTER VILLAGE PROJECT LOCATED ON DEXTER AVENUE BETWEEN SECOND STREET AND THIRD STREET (APN: 377-090-013, 377-090- 037, 377-090-039, AND 377-090-040);

4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2024-08 TO ALLOW THE DEVELOPMENT OF CONDOMINUMS (84 TOWNHOMES) IN THE COMMERCIAL MIXED

USE (CMU) ZONE FOR THE DEXTER VILLAGE PROJECT LOCATED ON DEXTER AVENUE BETWEEN SECOND STREET AND THIRD STREET (APN: 377-090-013, 377-090- 037, 377-090-039, AND 377-090-040); and

5. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2024-07 AND DENSITY

BONUS AGREEMENTS, PROVIDING BUILDING DESIGNS AND RELATED IMPROVEMENTS FOR 230 APARTMENT UNITS, 137 SINGLE-FAMILY DWELLING UNITS, 84 TOWNHOMES, AND THREE AMENITY BUILDINGS FOR THE DEXTER VILLAGE PROJECT LOCATED ON DEXTER AVENUE BETWEEN 2ND AND 3RD STREETS (APN:
377-090-013, 377-090-037, 377-090-039, AND 377-090-040).

Planning Commission Action
At the December 16, 2025, Planning Commission (Commission) meeting, the Commission raised concerns related to traffic, roadway improvements, vehicle queuing, access points into the development, and proposed color for the apartment building. Prior to the start of the meeting, staff also received a letter from the California Housing Defense Fund (CalHDF) in support of the project. At the conclusion of the meeting, the Commission continued consideration of the project to the January 20, 2026, Commission meeting to allow staff and the applicant time to address the Commission’s concerns with a 4-0 vote.

At the January 20, 2026, Planning Commission meeting, staff and the applicant provided the following additional details and clarifications to address the Commission’s concerns:
 Traffic: The project is required to provide the following improvements and pay development impact fees:
o Construction of ultimate half-width street improvements of Dexter Avenue, Third Street, and Second Street along property frontage per their respective classification o Construction of a new traffic signal at the intersection of Second Street and Camino Del Norte
o Modification of existing and installation of new signing and striping for required improvements
o Install a traffic signal at the Dexter Avenue and Second Street intersection PA 2024-15 (Dexter Village)

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o Contribute $3.5 million towards the future construction of Camino Del Norte o Pay the required Traffic Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF)
 Access Points and Vehicle Queuing on Third Avenue: Access to the multi-family apartment portion of the development would be provided through a primary 26-foot-wide driveway on Third Street, allowing full turning movements. From the primary driveway, residents would gain access through automated gates located farther into the project site, adjacent to Buildings 4 and 5 (See Figures 3 and 4 below). Given the proposed locations of the automated gates (approximately 100 feet to the northeast and southwest of the primary driveway) and assuming a vehicle length of 25 feet, the internal driveway may accommodate up to eight vehicles (four at each gate) per the project’s TIA. A secondary 24-foot-wide, gated entry for residents and Fire Department access only would also be located on Third Street, north of the primary entry and would permit right-in and right-out movements only. Lastly, the project’s TIA, determined that vehicle stacking at all gated access points is not expected to extend onto adjacent public roadways during peak hour conditions at any driveway location.  Exterior Color of Apartment Buildings: The Santa Barbara architectural style is characterized by light, warm plaster-based wall colors that reflect Spanish and Mediterranean influences. Common colors include soft whites and off whites, warm neutrals, and earthtoned pastels. As a result of the Commission’s concerns regarding the starkness of the proposed white color for the apartment buildings’ exterior and potential compatibility issues with buildings in the surrounding area, the applicant’s team provided alternative color palettes in similar neutral tones consistent with the Santa Barbara architectural style that addresses the Commission’s concerns.

Prior to the start of the meeting, staff received a letter from Lozeau-Drury, LLP (dated January 16, 2026), on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) in opposition to the project and a representative from the same organization spoke during the meeting, raising concerns about the project’s environmental determination. In addition, staff also received another letter from CalHDF (dated January 19, 2026) prior to the start of the January 20, 2026 meeting in support of the project. Both letters have been included as Attachment 11. A response to the SAFER comment has been included in Attachment 8 Response to Comments.

The Commission unanimously recommended approval of the project with a 5-0 vote on January 20, 2026.

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Background
On June 26, 2024, the applicant submitted a Preliminary Application to the City pursuant to Senate Bill (SB) 330 (also known as the Housing Crisis Act). SB 330 aims to increase residential development, protect existing housing inventory, and expedite permit processing. “Housing development projects” that proposes either residential units only; mixed-use development in which at least two-thirds of the square footage is residential; or transitional, supportive, emergency, or farmworker housing can qualify for the expedited permit processing under the provisions of SB 330. The expedited permit processing requires a local agency to review eligible housing projects only against “objective standards” which are objective, quantifiable, written development standards, conditions and policies that involve no personal or subjective judgement.

In addition, a local agency is limited to five (5) public hearings for SB 330 housing projects.

The applicant also submitted an application for a Density Bonus pursuant to California Government Code Sections 65915 – 65918 (also known as The Density Bonus Law [DBL]). The DBL is a state mandate that allows developers who meet the requirements of the state law to receive an increase in the allowable housing density (density is maximum number of dwelling units per acre). In addition to that, a developer is allowed “incentives/concessions” and “waivers” to deviate from any development standards or requirements that would be cost prohibitive or would preclude the developer from building the total number of units allowed with the density bonus. To qualify for the DBL and benefit from the incentives and waivers, the housing project must include affordable housing units at a minimum of 5% of the total units proposed.

Project Location
The project site is a 23.05-acre vacant property, consisting of four parcels bound by Third Street on the northwest, Dexter Avenue on the southwest, Second Street on the southeast and encompasses Assessor’s Parcel Numbers (APNs) 377-090-013, 377-090-037, 377-090-039 and 377-090-040. The project site is currently zoned Commercial Mixed Use (CMU) and has the same General Plan land use designation.

Environmental Setting
Table 1: Environmental Setting
Project Description
Planning Application No. 2024-15 is a proposed residential development for Dexter Village which consists of 451 units including 137 single-family homes, 84 townhomes, and 230 apartment units.

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The project proposes to provide 22 affordable units pursuant to the State’s DBL which would all be provided in the apartments. Refer to Table 2 below for a unit breakdown summary.

Table 2: Unit Breakdown Summary
The project’s requests include the following:
• Tentative Tract Map (TTM) No. 38512 to subdivide the 23.05-acre project site into one

6.65-acre lot for the apartments, 137 single-family residential lots, and two lots totaling

3.8-acres for townhomes;
• Conditional Use Permit (CUP) No. 2024-08 to allow condominiums in the CMU zone since the townhomes are proposed to be for sale as condominiums; • Residential Design Review (RDR) No. 2024-07 for a comprehensive design review based on objective standards for the project’s proposed architectural elevation and related site improvements including new parking, wall and fencing, and landscaping; and • Density Bonus Agreements to set forth the terms and conditions of the 22 affordable units proposed pursuant to the DBL.

The project would be constructed in two phases, with the single-family residential component occurring first followed by the multi-family residential development.

The project would also include offsite improvements along the project’s frontage on Dexter Avenue, Second Street and Third Street, requiring the construction of these roadways to ultimate half-width conditions. Improvements include but are not limited to new sidewalk, curb and gutter.

Single Family Units
The single-family homes are proposed to be two-story detached products that would be configured in either 6-pack and 8-pack clusters with a shared common 24-foot-wide driveway or “front load” where units have individual driveways. The unit mixture includes three and fourbedroom units ranging in size from 1,323 to 2,146 square feet (SF). The architectural style for the homes would feature three distinct styles including Americana/Modern Farmhouse, French Country, and Santa Barbara.

Access to the single-family portion would be provided through a primary 60-foot-wide driveway on Dexter Avenue, featuring automated gates and a landscaped median. A secondary 24-footwide, gated resident-only driveway would be located along Second Street.

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Townhome Units
The townhomes are also proposed to be two-story but would be attached units with two-car garages. There are 12 townhome buildings proposed with seven units per building and the units would share a 24-foot-wide common driveway. The unit mixture includes two- and three-bedroom units ranging from 1,230 to 1,508 SF. The architectural styles for the townhomes would feature similar styles as the single-family products which include Americana/Modern Farmhouse and Santa Barbara.

In terms of access, the townhomes would utilize the same access driveways as the detached single-family units. Refer to Figures 1 and 2 below for the proposed access into the single-family and townhome units.

Apartment Units
The apartments are proposed to be three-story with a total of eight buildings each with 25 to 35 units per building. The unit mixture includes one- to three-bedroom units ranging from 657 to 1,371 SF and single-car and two-car tandem garages. The architectural style for the apartments is proposed to be Santa Barbara to be consistent with the overall architectural theme of the new residential development.

Access to the apartment portion would be provided through a primary 26-foot-wide driveway on Third Street, featuring automated gates located further into the apartment site (adjacent to Buildings 4 and 5). A secondary 24-foot-wide, gated entry for residents and fire access only would also be located on Third Street, north of the primary entry. Additionally, a 24-foot-wide, gated PA 2024-15 (Dexter Village)

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resident-only exit driveway would be situated along Dexter Avenue. Refer to Figures 3 and 4 for the proposed access into the apartments.

Onsite Recreational Amenities
In addition to the residential buildings, Dexter Village also proposes onsite recreational amenities including a recreation center for the single-family and townhomes and clubhouse for the apartments. The recreation center features a swimming pool, spa, outdoor seating areas/lawn, and 1,270 SF building with kitchen and lounge, restrooms, shower area, and a pool equipment room. The apartment’s amenities would also feature a swimming pool and spa in addition to a playground as well as a 5,577 SF clubhouse building with a kitchen and lounge, gym, covered outdoor lounge, mailroom, and leasing office.

Discussion
The analysis below provides a discussion of the proposed project’s consistency with the General Plan and the Lake Elsinore Municipal Code (LEMC), including the residential development standards and requirements. In addition, the Design Review Committee, including Staff from Planning, Building and Safety, Fire, and Engineering Departments as well as outside agencies including Elsinore Valley Municipal Water District and Riverside County Flood Control, have reviewed the project and have included recommended conditions of approval to ensure compliance with adopted plans, policies, and regulations.

General Plan Consistency
The project site has a General Plan Land Use designation of Commercial Mixed Use (CMU) and is located in the Business District. The CMU designation provides for a mix of residential and non- PA 2024-15 (Dexter Village)

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residential uses within a single proposed development area, with an emphasis on retail, service, civic and professional office uses. Residential uses are allowed in a subordinate capacity. The maximum floor area ratio (FAR) for non-residential uses is 0.80 and a minimum of 50% of the total floor area shall be commercial uses. Residential densities shall be between 7 and 18 dwelling units per net acre (du/ac).

The proposed project is a residential development with 451 units consisting of three different product types (single-family detached, attached townhomes, and apartments) and includes recreational amenities for future residents. The development does not include commercial uses as required in the CMU designation. Instead, the applicant is requesting to use their DBL incentive to deviate from the minimum requirement of 50% of commercial uses and would be developing the project site as residential uses only. The proposed average net density for the project is 20.18 du/ac which does exceed the maximum of 18 du/ac allowed for the CMU designation. However, as discussed in the Background section above, the applicant is applying for a density bonus which allows the project to increase their allowable density by 20% in exchange for 5% (or 22 units) very-low-income affordable units. The maximum density allowed with the density bonus for the project is 21.6 du/ac which the project is consistent with. Since the project does not include commercial uses, the FAR is not applicable.

Municipal Code Consistency
The project site has a zoning designation of also CMU. Pursuant to LEMC Section 17.134.020, housing is a permitted use in the CMU except for condominiums which require a CUP. The project is proposing to sell the townhome units as condominiums and as such, a CUP is required. Staff has reviewed the proposed project with respect to the relevant objective development standards and requirements as identified in the CMU zone and other applicable sections of the LEMC. The project would comply with all applicable requirements including building setbacks and landscaping with the exception of the following: parking including parking setbacks, drive aisle widths, block wall height, separation between single-family structures, location of trash enclosures for apartments, privacy requirements, and minimum lot area.

The applicant is requesting to use the density bonus waivers to waive and deviate from these standards and requirements. Refer to the Density Bonus Requested Incentives and Waivers section below for further details on the requested waivers.

Design Review
The architectural design of the proposed residential buildings including the recreational and clubhouse buildings comply with the objective standards of the Residential Design Guidelines as well as the Residential Development Standards contained in LEMC Chapter 17.44. The residential development would feature compatible and complementary architectural styles which include Americana/Modern Farmhouse, Santa Barbara, and French Country.

The Americana/Modern Farmhouse style would feature white or blue stucco walls, gray or blue siding, gray and red shutters, white or black trim, gray garage doors, red or blue entry doors, gray roofing, and textured black outdoor light fixtures. The Santa Barbara style would include white stucco walls, green or brown shutters, gray or tan garage doors, tan, black or green entry doors, PA 2024-15 (Dexter Village)

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Spanish inspired tile accents, red-tile roofing, and textured black outdoor light fixtures. Lastly, the French Country style would feature light gray stucco walls, gray and black shutters, light gray trim, gray and black garage doors, gray, blue, and black entry doors, stone accents, gray roofing, and textured black outdoor light fixtures. The recreational and clubhouse buildings are proposed to be in the Santa Barbara style. As such, the development would have a consistent and harmonious theme throughout. In addition, the architecture of the building has been designed to achieve harmony and compatibility with the surrounding area.

Landscaping proposed as part of the project would consist of ornamental trees, shrubs, and groundcovers throughout the common areas of the development, such as along entry points into the community, roadways, front yards of the single-family residences, common walls, perimeter of the site (along Dexter Avenue, Second Street and Third Street) and the open space/recreation areas. Trees would be distributed throughout the project site with an emphasis along Dexter Avenue, Second Street and Third Street. The primary entrance into the single-family portion of the project site would have a landscaped median with trees and other decorative landscaping.

The proposed landscaping plan has been designed to complement the different architectural styles and to conform to the water efficiency standards under Chapter 19.08 of the Lake Elsinore Municipal Code (LEMC). The project includes approximately 76,000 SF of open space/landscaping area.

The project would also include a mix of six-foot-high decorative masonry walls, tubular steel fences, privacy vinyl fencing, and glass pool fencing, along with vinyl yard access gates, tubular steel pedestrian/fire access gates, and automated vehicular gates at identified entrances along Dexter Avenue and Third Street. To soften the appearance of the perimeter walls along the public streets, enhanced landscaping would be provided.

Density Bonus
Pursuant to the State’s DBL, the project is proposing to provide 5% of very low-income affordable units which equate to 22 units and would be distributed evenly across four of the eight apartment buildings. Affordable unit sizes provided vary with 14 one-bedroom/one-bath units, six (6) twobedroom/two-bath units, and four (4) three-bedroom/two-bath units. Households with a median income level of very low would qualify for the affordable units which would be based on the County of Riverside’s median income published periodically by the California Department of Housing and Community Development (HCD). The total affordability terms of the affordable units would be for a 55-year period. In other words, the 22 units would be restricted to very low-income households for at least 55 years.

To ensure the project fulfills its affordable housing obligations pursuant to the DBL, the applicant would be required to enter into a Density Bonus Housing Agreement (Exhibit A to Attachment 5) with the City which is intended to set forth the terms and conditions for the implementation of the project’s requirement to provide affordable housing units in exchange for receiving density bonus units and associated incentives.

Requested Incentives and Waivers
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In exchange for providing affordable units, the DBL grants a developer a certain number of incentives and unlimited waivers. The applicant is allowed one incentive based on 5% of very lowincome affordable units which the applicant is using to deviate from the CMU’s requirement for 50% minimum commercial land uses. The applicant would be developing the project site as all residential uses and is not proposing any commercial uses.

In terms of the requested waivers, the applicant is requesting to deviate from the following requirements for the reasons described below:
• Parking including Parking Setbacks:
o Parking: The applicant has elected to use the reduced parking ratios allowed pursuant to the DBL. Based on the DBL’s reduced parking requirements, the project is required to provide 984 parking spaces. The project proposes to provide 1,078 parking spaces.

Compared to the LEMC’s residential parking requirements, the total provided exceeds it.

The LEMC would have required 1,070 parking spaces.
o Parking Setbacks: Per LEMC Section 17.148.100, where any parking area or driveway abuts a street, there shall be a minimum landscape setback of 15 feet and an average of 20 feet from the public right-of-way. A waiver has been requested from this requirement as certain areas of the project would have parking landscape setbacks that are less than the required 15 feet. According to the applicant, imposing this standard would physically preclude the construction of the project.
• Drive Aisle Width: Per LEMC Section 17.148.040, the required drive aisle width along covered residential parking spaces that are at a 90-degree angle is 28 feet. While a 28-footwide aisle is being provided between two of the townhome buildings, the aisle width between the remaining townhome buildings would be 24-foot-wide. Therefore, the applicant has requested a waiver from this requirement as it would physically preclude the construction of the project. The reduced drive-aisle width would still be sufficient for two-way vehicular travel as well as for emergency access (e.g. fire truck).
• Block Wall Height: Per LEMC Section 17.44.080, the maximum height allowed with Planning Commission’s approval is eight feet. There are walls on the project site that exceed eight feet in height; therefore, a waiver has been requested from this requirement. Per the applicant, reducing the height of these walls would reduce lot areas and physically preclude construction of the project. As stated above in the Design Review section, the applicant proposes to install enhanced landscaping along the eight-foot walls to soften the appearance of it along the public streets.
• Separation Between Single-Family Structures: Per LEMC Section 17.44.100, where there is more than one structure on a site, the minimum distance between a habitable structure shall be 10 feet. The applicant proposes to waive this requirement as certain single-family structures within the project would be separated by less than 10 feet and increasing the separation between these dwellings would physically preclude construction of the project. The structures would still be required to provide the applicable minimum separation between units per the California Building Code.
• Location of Trash Enclosures for Apartments: Per LEMC Section 17.44.120, for multifamily projects, trash enclosure locations shall be convenient to the units they are meant to serve and in no case shall the enclosure be located further than 100 feet from the associated units. The applicant proposes to waive this requirement as there are trash enclosure locations within the apartment complex development that are located further than 100 feet from the PA 2024-15 (Dexter Village)

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units they are serving. Per the applicant, increasing the number of trash enclosures would physically preclude construction of the project. However, the applicant has worked with staff to ensure trash enclosures are distributed evenly at reasonable distances from each apartment building.
• Privacy: Per LEMC Section 17.44.140, front and rear walls should be staggered to block views from unit to unit. Front doors should be prominent yet separate to give units individual entry identity and yet provide privacy. Landscaped walkways and thoughtful uses of fencing and trellises should also be used to make doorways and courtyards more private. As such, staff requested that the applicant vary setbacks for added privacy. While the project complies with most of the privacy standards, the applicant requested a waiver from the varied setbacks as this would eliminate backyards and physically preclude the construction of the project. • Minimum Lot Area: Per LEMC Section 17.134.040, for a mixed use horizontal development, the minimum lot area required for each dwelling is 1,815 square feet of net lot area per unit.

The project proposes a number of lots that are less than the required 1,815 square feet with the smallest proposed lot being 1,644 square feet. Therefore, the applicant requested a waiver from the minimum lot area requirement as application of the standard would physically preclude construction of the project.

Traffic
A Traffic Impact Analysis (TIA) was prepared by LSA Associates for the project since one was required by the Engineering Department. The purpose of the analysis is to assess the project’s potential traffic impacts, if any, to the surrounding road network including existing intersections and roadway segments. A typical TIA must also consider the current traffic conditions without the project, traffic conditions with the project, and traffic conditions with the project and future buildout.

Future buildout would also include any planned roadway and/or freeway interchange improvements that are either planned through Caltrans, the City’s Capital Improvement Projects, or as required by the City for new development projects.

The TIA has been reviewed and approved by the Engineering Department and the following would be required:
 Construction of ultimate half-width street improvements of Dexter Avenue, Third Street, and Second Street along property frontage per their respective classification.

Improvements shall include widened section of new AC pavement and base material, curb and gutter, sidewalks, parkway landscaping, medians, curb ramps, signal relocation as applicable, utility relocations as applicable, signage relocations as applicable, and streetlight construction.
 Construction of new Traffic signal at the intersection of Second Street and Camino Del Norte. Ultimate intersection roadway improvements are required. Utility and signage relocations as required to accommodate improvements. If right-of-way constraints occur, ultimate improvements shall be determined during final design.  Modification of existing and installation of new signing and striping for required improvements. The project shall be responsible for any additional paving and/or striping removal caused by the striping plan.
 Install a traffic signal at the Dexter Avenue and Second Street intersection; PA 2024-15 (Dexter Village)

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 Contribute $3.5 million towards the future construction of Camino Del Norte; and  Pay the required Traffic Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF) which would be $485,000.

Assembly Bill (AB) 52 – Tribal Consultation
AB 52 provides for a 30-day period in which all Native American Tribes that have been notified of the project may request to consult on the project. Staff received requests from Pechanga and Soboba Tribes within the 30-day period, requesting to initiate consultation. Consultation was concluded on October 30, 2025 with the Pechanga Band of Indians and on July 2, 2025 with the Soboba Band of Luiseño Indians. Mitigation measures have been added to address a concern over the potential for uncovering tribal cultural resources (TCRs) or other tribal-affiliated resources during construction of the project.

Environmental Determination
Pursuant to CEQA Guidelines Section 15063, an Initial Study (Environmental Review No. 2023- 02) was prepared for the project to assess potential environmental impacts. The Initial Study revealed that the Project would have potentially significant environmental impacts, but those potentially significant impacts could be mitigated to less than significant levels. A Mitigated Negative Declaration (MND; SCH No. 2025110457) was prepared and was made available for public review and comment for a 30-day review period from November 12, 2025 and ending at 5:00 p.m. on December 12, 2025. The MND determined that the proposed project would have potentially significant environmental impacts upon Biological Resources, Cultural and Tribal Resources, Geology and Soils, and Land Use/Planning. These impacts would be mitigated to below a level of significance through compliance with the mitigation measures set forth in the MND. Notice to all interested persons and agencies inviting comments on the MND was published in accordance with the provisions of CEQA, and posted at the Office of the County Clerk of Riverside County and at the State Clearinghouse.

Six (6) comment letters regarding the MND were received during the 30-day public comment period which include letters or emails from the Department of Toxic Substances Control (dated November 14, 2025), Southern California Gas Company (dated November 20, 2025), Lozeau Drury LLP on behalf of Supporters Alliance for Environmental Responsibility (SAFER; dated December 10, 2025), Santa Ana Regional Water Quality Control Board (dated December 4, 2025), and Riverside County Flood Control and Water Conservation District (dated November 10, 2025 and December 12, 2025).

Reponses to comments were prepared for the MND comments (including the supplemental comment letter submitted by Lozeau Drury LLP on behalf of SAFER) and are included with this staff report as Attachment 8. There were no public comments or changes to the text or analysis contained in the MND that resulted in the identification of any new significant environmental effects. Only clarifications were made to the MND in response to public comments. Therefore, in accordance with Section 15073.5 of the CEQA Guidelines a recirculation of the MND is not warranted.

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MSHCP Consistency
The project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The proposed project site is not located in a Criteria Cell and was not required to be processed through the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) processes. The project complies with all other applicable requirements of the MSHCP.

Public Notice
Notice of the public hearing has been published in the Press-Enterprise newspaper and mailed to property owners within 900 feet of the subject properties. As of the writing of this report, no written comments concerning this application have been received by staff.

Fiscal Impact
The time and costs related to the processing of this application have been covered by application fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application
Attachments
Attachment 1 – CEQA Resolution
Exhibit A – MMRP
Attachment 2 – MSHCP Resolution
Attachment 3 – TTM Resolution
Attachment 4 – CUP Resolution
Attachment 5 – RDR Resolution
Exhibit A – Draft Density Bonus Housing Agreement
Attachment 6 – Conditions of Approval
Attachment 7 – IS/MND
Attachment 8 – Response to Comments
Attachment 9 – GIS Exhibits
Attachment 10 – Project Plans
Attachment 11 – January 20 PC Comment Letters
Attachment 12 – Public Notice Materials
RESOLUTION NO. 2026-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ADOPT A MITIGATED NEGATIVE DECLARATION (ER2023-02; SCH NO. 2025110457) FOR PLANNING APPLICATION NO. 2024-15 (TENTATIVE TRACT MAP 38512, CONDITIONAL USE PERMIT NO. 2024-08, AND RESIDENTIAL DESIGN REVIEW NO. 2024-07)
Whereas, James Walters, Fairbrook Communities LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2024-15 for a 451- unit residential development with 137 single-family homes, 84 townhomes, and 230 apartment units including 22 affordable units on an existing vacant 23.05-acre site. The project’s requests include Tentative Tract Map No. 38512 to subdivide the 23.05-acre project site into a 6.6-acre parcel for the apartments, two lots totaling 3.8-acres for condominium purposes for the townhomes, and 137 lots for the single-family homes; Conditional Use Permit No. 2024-08 to allow the development of condominiums (townhomes) in in the Commercial Mixed Use (CMU) zone; and, Residential Design Review No. 2024-07 for the proposed building designs and related improvements including new parking, walls and fencing, and landscaping. The project is located on Dexter Avenue between Second Street and Third Street (APN: 377-090-013, 377-090-037, 377-090-039, 377-090-040;
Whereas, the project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA Guidelines”) because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts, but those potentially significant impacts could be mitigated to less than significant levels; Whereas, based upon the results of the Initial Study (Environmental Review No. 2023- 02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the Project;
Whereas, pursuant to CEQA Guidelines Section 15072, on November 12, 2025, the City duly issued a notice of intent to adopt the MND;
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on November 12, 2025, and ending at 5:00 p.m. on December 12, 2025;
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been prepared in accordance with Section 21081.6 of CEQA; Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for adopting MNDs; and, CC Reso. No. 2026-____

Page 2 of 4 ends

Whereas, on December 16, 2025, at a duly noticed Public Hearing where the subject item was continued and on January 20, 2026, at the duly noticed continued public hearing, the Commission considered evidence presented by the Community Development Department and other interested parties on the adequacy of the MND, the Commission adopted a resolution recommending that the Council adopt the MND for the Project; and Whereas, on February 24, 2026, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

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

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has evaluated all comments, written and oral, received from persons who have reviewed the MND. The Council hereby finds and determines that all public comments have been adequately addressed in good faith and, after weighing disputed credibility questions arising between experts regarding the MND’s analysis of potential biological resources, human health and air quality impacts, resolves those disputes in favor of the experts cited in the MND.

Section 3: The Council hereby finds that the MND for the Project is adequate and has been completed in accordance with the CEQA Guidelines and the City’s procedures for implementation of CEQA; and recommends to the Council that it make the same finding. The Commission has reviewed and considered the information contained in the MND and finds that the MND represents the independent judgment of the City.

Section 4: The Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present and that it would be appropriate to adopt the MND as proposed.

Section 5: The Council hereby makes, adopts, and incorporates the following findings regarding the potential environmental impacts of the Project and the analysis and conclusions set forth in the MND:

1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study was released for public review and mitigation measures set forth in the Initial Study would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur.

Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the MMRP, potential environmental impacts are effectively reduced to less than significant levels.

CC Reso. No. 2026-____

Page 3 of 4 ends

2. There is no substantial evidence, in the light of the whole record before the agency including the initial study and any comments received, that there is no substantial evidence that the Project will have significant effect on the environment.

Pursuant to the evidence received, including comment letters, and in the light of the whole record presented, the Project will not have a significant effect on the environment.

Section 6: Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council adopts MND (ER 2023-02; SCH No. 2025110457) and the MMRP, which is attached hereto as Exhibit “A”, for Planning Application No. 2024-15 (Tentative Tract Map No. 38512, Conditional Use Permit No. 2024-08, and Residential Design Review No. 2024-07).

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

Section 8. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California on this 24th day of February 2026.

Robert E. Magee,
Mayor
Attest:
_______________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2026-__ was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on February 24, 2026, and that the same was adopted by the following vote:

CC Reso. No. 2026-____

Page 4 of 4 ends

AYES
NOES:

ABSTAIN:

ABSENT:

Candice Alvarez, MMC
City Clerk

MITIGATION MONITORING AND REPORTING PROGRAM

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 1
The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).

In compliance with Public Resources Code Section 21081.6, the following Mitigation Monitoring and Reporting Checklist has been prepared for the Dexter Village project. This Mitigation Monitoring and Reporting Checklist is intended to provide verification that applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include: (1) verification that each mitigation measure has been implemented, (2) recordation of the actions taken to implement each mitigation measure, and (3) retention of records in the Dexter Village project file.

This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the Program, but also allows the City of Lake Elsinore (City) flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented.

Reporting consists of establishing a record that a mitigation measure is being implemented and generally involves the following steps:
• The City distributes reporting forms to the appropriate persons for verification of compliance. • Departments/agencies with reporting responsibilities will review the Initial Study/Mitigated Negative Declaration, which provides general background information on the reasons for including specified mitigation measures.
• Problems or exceptions to compliance will be addressed to the City as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures.
• Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review.
• The City prepares a reporting form periodically during the construction phase and an annual report summarizing project mitigation monitoring efforts. • Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals.

Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, program redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6.

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 2
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
Biological Resources
MM BIO-1, Preconstruction Surveys for Burrowing Owl. A qualified biologist shall conduct pre-construction focused species surveys in accordance with the California Department of Fish and Wildlife’s (CDFW’s) Staff Report on Burrowing Owl Mitigation (CDFW 2012) within 30 days prior to commencement of construction activities. If burrowing owls are determined to occupy the site during pre-construction surveys and impacts to occupied burrows cannot be avoided, the City shall consult with the CDFW and prepare and implement a project-specific Burrowing Owl Mitigation Plan. The plan shall be reviewed and approved by the CDFW and implemented prior to activities that could affect burrowing owl within the project site. To avoid take, impacted individuals shall be relocated outside of the impact area by a qualified biologist prior to initiation of construction activities using passive or active methodologies approved by CDFW. The relocation shall occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated.

Pre-construction
Survey
Prior to
commencement
of construction
Qualified
Biologist,
Project Applicant/
Developer,
Planning and
Engineering
Depts.

Date: ___________
MM BIO-2, Preconstruction Surveys for Nesting Birds. To avoid violation of the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code, construction activities shall be avoided to the greatest extent feasible during the nesting season (generally February 1 to August 31).

If construction activities are to occur during the nesting season, a pre-construction nesting survey shall be conducted within three days prior to the commencement of construction. A qualified biologist shall perform the nesting survey to ascertain whether there are active raptor nests within 500 feet of the project footprint or other protected bird nests within 300 feet of the project footprint. If no nests are found, no further action is required. If active nests are found, their locations shall be flagged and then mapped onto an aerial photograph of the site and recorded with a GPS unit. An appropriate avoidance buffer (size of buffer depending upon the species and the proposed work activity) shall be determined and demarcated by a qualified biologist. No work shall occur within the avoidance buffer, and a qualified biologist shall be present on site to monitor bird behavior and ensure no disturbance to the nest occurs, as necessary. If disturbance is detected (e.g., alarm calling, flight from the nest) as determined by the qualified biologist, work in the area should halt immediately until such time as the young have left the nest of their own volition. Work may take place on other areas of the project site as long as the activity does not likewise result in disturbance to the nest or nesting bird, as determined by a qualified biologist.

Pre-construction
Survey
Prior to
commencement
of construction
Qualified Biologist,
Project Applicant/
Developer,
Planning and
Engineering Depts.

Date: __________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 3
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
Cultural Resources
MM CUL-1, Unanticipated Resources. The Property Owner/Developer or a successor in interest shall comply with the following for the life of this permit. If during ground disturbance activities, unanticipated cultural resources are discovered, the following procedures shall be followed:

1. Ground disturbance activities within 100 feet of the discovered cultural resource shall be halted until a meeting is convened between the developer, the Project Archaeologist, the Native American tribal representative(s) from consulting tribes (or other appropriate ethnic/cultural group representative), and the Community Development Director or their designee to discuss the significance of the find.

2. The developer shall call the Community Development Director or their designee immediately upon discovery of the cultural resource to convene the meeting.

3. At the meeting with the aforementioned parties, the significance of the discoveries shall be discussed and a decision is to be made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resource.

4. Further ground disturbance shall not resume within the area of the discovery until a meeting has been convened with the aforementioned parties and a decision is made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation measures.

5. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of cultural resources through project design, in-place preservation of cultural resources located in native soils, and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in NonDisclosure of Reburial Location measure.

6. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Assessment of
Resources
During
construction
Project Applicant/
Developer,
Construction
Contractor,
Project
Archaeologist,
Tribal Monitor,
Planning and
Engineering
Depts.

Date: ___________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 4
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
Archeologist, in consultation with the Tribe(s), and shall be submitted to the City for their review and approval prior to implementation of the said plan.

7. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the Project Applicant and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the Community Development Director for decision. The Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe(s). Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” Evidence of compliance with this mitigation measure, if a significant archaeological resource is found, shall be provided to City of Lake Elsinore upon the completion of a treatment plan and final report detailing the significance and treatment finding.

MM CUL-2, Archaeologist/Cultural Resources Monitoring Program. Prior to issuance of grading permits, the applicant/developer shall provide evidence to the Community Development Department that a Secretary of Interior Standards qualified and certified Registered Professional Archaeologist (RPA) has been contracted to implement a Cultural Resource Monitoring Program (CRMP) that addresses the details of all activities that must be completed and procedures that must be followed regarding cultural resources associated with this project. The CRMP document shall be provided to the Community Development Director or their designee for review and approval prior to issuance of the grading permit.

The CRMP provides procedures to be followed and are to ensure that impacts on cultural resources will not occur without procedures that would reduce the impacts to less than significant. These measures shall include, but shall not be limited to, the following:

Archaeological Monitor - An adequate number of qualified monitors shall be present to ensure that all earth-moving activities are observed and shall be on-site during all grading activities for areas to be monitored including off-site Construction
Monitoring
Program
Prior to
issuance of a
grading permit
and during
construction
Project Applicant/
Developer,
Project
Archaeologist,
Tribal Monitor,
Planning Dept.

Date: ___________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 5
and location of inspections will be determined by the Project Archaeologist, in improvements. Inspections will vary based on the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The frequency consultation with the Tribal monitor.

Cultural Sensitivity Training - The Project Archaeologist and a representative designated by the consulting Tribe(s) shall attend the pre-grading meeting with the contractors to provide Cultural Sensitivity Training for all Construction Personnel. Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event unanticipated cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. This is a mandatory training and all construction personnel must attend prior to beginning work on the project site. A sign-in sheet for attendees of this training shall be included in the Phase IV Monitoring Report.

Unanticipated Resources - In the event that previously unidentified potentially significant cultural resources are discovered, the Archaeological and/or Tribal Monitor(s) shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The Project Archaeologist, in consultation with the Tribal monitor(s) shall determine the significance of the discovered resources.

The Community Development Director or their designee must concur with the evaluation before construction activities will be allowed to resume in the affected area. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods.

Phase IV Report - A final archaeological report shall be prepared by the Project archaeologist and submitted to the Community Development Director or their designee prior to grading final. The report shall follow County of Riverside requirements and shall include at a minimum: a discussion of the monitoring methods and techniques used; the results of the monitoring program including any artifacts recovered; an inventory of any resources recovered; updated DPR forms for all sites affected by the development; final disposition of the resources including GPS data; artifact catalog and any additional recommendations. A final

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 6
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
copy shall be submitted to the City, Project Applicant, the Eastern Information Center, and the Tribe.

MM CUL-3, Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:

One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the Community Development Department:

1. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources.

2. Relocation of the resources on the Project property. The measures for relocation shall include, at least, the following: Measures and provisions to protect the future reburial area from future impacts by means of a deed restriction or other form of protection (e.g., conservation easement) in order to demonstrate avoidance in perpetuity.

Relocation shall not occur until legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains, as they are excluded. Reburial processes shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request.

3. If relocation is not agreed upon by the Consulting Tribes, then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources, ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation.

Disposition of
Resources
During
Construction
Project Applicant/
Developer,
Construction
Contractor,
Project
Archaeologist,
Tribal Monitor,
Planning and
Engineering
Depts.

Date: ___________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 7
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of inadvertent discoveries shall be included in the Phase IV monitoring report.

MM CUL-4, Tribal Monitoring. Prior to the issuance of a grading permit, the applicant shall contact the consulting Native American Tribe(s) that have requested monitoring through consultation with the City during the AB 52 and/or the Senate Bill (SB) 18 process (“Monitoring Tribes”). The applicant shall coordinate with the Tribe(s) to develop individual Tribal Monitoring Agreement(s). A copy of the signed agreement(s) shall be provided to the City of Lake Elsinore Community Development Department, Planning Division prior to the issuance of a grading permit. The Agreement shall address the treatment of known tribal cultural resources (TCRs) including the project’s approved mitigation measures and conditions of approval; the designation, responsibilities, and participation of professional Tribal Monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of cultural resources, sacred sites, and human remains/burial goods discovered on the site per the Tribe(s) customs and traditions and the City’s mitigation measures/conditions of approval. The Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate the find and determine the appropriate next steps, in consultation with the Project archaeologist.

Construction
Monitoring
Program
Prior to
issuance of a
grading permit
and during
construction
Project Applicant/
Developer, Tribal
Monitor, Planning
and Engineering
Depts.

Date: ___________
MM CUL-5, Phase IV Report. Upon completion of the implementation phase, a Phase IV Cultural Resources Monitoring Report shall be submitted that complies with the Riverside County Planning Department’s requirements for such reports for ground disturbing activities associated with this grading permit. The report shall follow the County of Riverside Planning Department Cultural Resources (Archaeological) Investigations Standard Scopes of Work posted on the County website. The report shall include results of feature relocation or residue analysis required as well as evidence of the required cultural sensitivity training for the construction staff held during the required pre-grade meeting.

Project Records After
construction
Project Applicant/
Developer,
Project
Archaeologist,
Tribal Monitor
Date: ___________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 8
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
MM CUL-6, Discovery of Human Remains. In the event that human remains (or remains that may be human) are discovered at the project site during grading or earthmoving, the construction contractors, project archaeologist and/or designated Native American Monitor shall immediately stop activities within 100 feet of the find. The project applicant shall then inform the Riverside County Coroner and the City of Lake Elsinore Community Development Department immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains and that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. If human remains are determined to be Native American, the applicant shall comply with the state law relating to the disposition of Native American burials that fall within the jurisdiction of the Native American Heritage Commission (NAHC) (Public Resources Code [PRC] Section 5097).

The coroner shall contact the NAHC within 24 hours and the NAHC will make the determination of most likely descendant. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resource Code Section 5097.98. In the event that the applicant and the MLD disagree regarding the disposition of the remains, State law will apply and the mediation process will occur with the NAHC, if requested (see PRC Section 5097.98(e) and 5097.94(k)).

According to the California Health and Safety Code, six or more human burial at one location constitutes a cemetery (Section 81 00), and disturbance of Native American cemeteries is a felony (Section 7052).

Assessment,
Treatment, and
Disposition of
Human Remains
During
construction
Project Applicant/
Developer,
Construction
Contractor,
Project
Archaeologist,
Tribal Monitor,
Riverside County
Coroner, Planning
Dept.

Date: ___________
MM CUL-7, Non-Disclosure of Reburial Location. It is understood by the parties that unless otherwise required by law, the site of reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).

Non-Disclosure
of Resource
Reburials
During and
after
construction
Project Applicant/
Developer,
Riverside County
Coroner
Date: ___________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 9
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
MM CUL-8, Supplemental Reburial Areas. Should the project area be separated into different phases of development or separated and sold to alternative or additional developers, then supplemental reburial areas will be determined in consultation with the Pechanga Band of Indians for the reburial of Tribal Cultural Resources at least 30 days before issuance of grading permits.

Tribal
Consultation
Before Issuance
of Grading
Permits
Project Applicant/
Developer,
Pechanga Band of
Indians
Date: ___________
Geology and Soils
MM GEO-1, Paleontological Resources Impact Program. Prior to grading, the project applicant or construction contractor shall retain a qualified paleontologist to develop a Paleontological Resources Impact Program (PRIMP) for approval by the Community Development Director. Following Community Development Director approval of the PRIMP, grading and construction activities may proceed in compliance with the provisions of the approved PRIMP. The PRIMP shall include the following measures:

1. Monitoring of mass grading and excavation activities shall be performed by a qualified paleontologist or paleontological monitor. Starting at a depth of five feet, monitoring shall be conducted part-time in areas of grading or excavation in undisturbed alluvial sediments. The exact timing of monitoring shall be outlined in the PRIMP. Monitoring of metamorphic rocks mapped at the project is not recommended. The project paleontologist shall have the discretion of increasing or decreasing the timing of monitoring based on the geologic conditions observed during grading activities.

2. Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor shall have the authority to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery.

3. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils shall be collected and placed in cardboard flats or plastic Paleontological
Resources Impact
Program
Prior to grading Project Applicant/
Developer,
Project
Paleontologist,
Community
Development
Director
Date: ___________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 10
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
buckets and identified by field number, collector, and date collected. Notes shall be taken on the map location and stratigraphy of the site, which is photographed before it is vacated and the fossils are moved to a safe place.

On mass grading projects, discovered fossil sites are protected by flagging to prevent them from being overrun by earthmovers (scrapers) before salvage begins. Fossils shall be collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld global positioning system (GPS) units. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor’s construction equipment may be solicited to help move the jacket to a safe location.

4. Isolated fossils shall be collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes shall be taken on the map location and stratigraphy of the site, which is photographed before it is vacated and the fossils are moved to a safe place.

5. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to several five-gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is used to observe the presence of small pieces of bones within the sediments.

If present, multiple five-gallon buckets of sediment can be collected and returned to a separate facility to wet-screen the sediment.

6. Bulk sampling and screening of fine-grained sedimentary deposits (including carbonate-rich paleosols) shall be performed if the deposits are identified to possess indications of producing fossil “microvertebrates” to test the feasibility of the deposit to yield fossil bones and teeth.

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 11
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed

7. In the laboratory, individual fossils shall be cleaned of extraneous matrix, any breaks will be repaired, and the specimen, if needed, shall be stabilized by soaking in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72).

8. Recovered specimens shall be prepared to a point of identification and permanent preservation (not display), including screen washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time-consuming than accumulations of invertebrate fossils.

9. Recovered specimens shall be identified and curated into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the WSC). The paleontological program shall include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency (e.g., the City of Lake Elsinore) shall be consulted on the repository/museum to receive the fossil material.

10. A final report of findings and significance shall be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, shall signify satisfactory completion of the project program to mitigate impacts to potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.

Land Use/Planning
MM LU-1, Balcony Noise Barriers. Prior to issuance of certificate of occupancy, a minimum seven-foot-high balcony barrier shall be constructed at balconies of apartment units in the northern half of Apartment Building 8 that face Dexter Avenue, and a minimum six foot-high balcony barrier shall be constructed at balconies of townhome units facing Dexter Avenue. The barriers shall be continuous with no gaps or holes and may be any material that has a minimum transmission loss of 10 dBA at all 1/3 octave band frequencies. A 0.5-inch-thick plexiglass is an example material that would provide the minimum transmission loss.

Building Plans Prior to
issuance of
certificate of
occupancy
Project Applicant/
Developer,
Planning and
Engineering
Depts.

Date: ___________

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST

DEXTER VILLAGE PROJECT
Dexter Village Project December 2025
Mitigation Monitoring and Reporting Program Page 12
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
MM LU-2, Exterior-to-Interior Noise Analysis. For residential units along Dexter Avenue, the project applicant shall coordinate with the project architects and contractors to ensure interior noise level compliance with the 45 CNEL standard. This shall be achieved through an exterior-to-interior noise analysis once specific building plans are available. The information in the analysis shall include wall heights and lengths, room volumes, window and door tables typical for a building plan, as well as information on other openings in the building shell.

With this specific building plan information, the analysis shall determine the predicted interior noise levels at the planned on-site buildings. If predicted noise levels are found to be in excess of 45 CNEL, the report shall identify architectural materials or techniques that could be included to reduce noise levels to the 45- CNEL limit.

Exterior-tointerior Noise
Analysis
Prior to
issuance of
certificate of
occupancy
Project Applicant/
Developer,
Acoustical
Analyst, Planning
and Engineering
Depts.

Date: ___________
Refer to MM BIO-1 above.

Tribal Cultural Resources
Refer to MM CUL-1 through MM CUL-8 above.

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ADOPT FINDINGS THAT PLANNING APPLICATION NO. 2024-15 (TENTATIVE TRACT MAP 38512, CONDITIONAL USE PERMIT NO. 2024-08, AND RESIDENTIAL DESIGN REVIEW NO. 2024-07) IS CONSISTENT

WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT

CONSERVATION PLAN (MSHCP)
Whereas, James Walters, Fairbrook Communities LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2024-15 for a 451- unit residential development with 137 single-family homes, 84 townhomes, and 230 apartment units including 22 affordable units on an existing vacant 23.05-acre site. The project’s requests include Tentative Tract Map No. 38512 to subdivide the 23.05-acre project site into a 6.6-acre parcel for the apartments, two lots totaling 3.8-acres for condominium purposes for the townhomes, and 137 lots for the single-family homes; Conditional Use Permit No. 2024-08 to allow the development of condominiums (townhomes) in in the Commercial Mixed Use (CMU) zone; and, Residential Design Review No. 2024-07 for the proposed building designs and related improvements including new parking, walls and fencing, and landscaping. The project is located on Dexter Avenue between Second Street and Third Street (APN: 377-090-013, 377-090-037, 377-090-039, 377-090-040);
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP Criteria Cell;
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives;
Whereas, pursuant to Section 17.415.070 (Conditional Use Permits), and Section

17.415.050 (Major Design Review), Section 17.410.070 (Approving Authority), and Section

17.410.030 (Multiple Applications) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to conditional use permits and design reviews;
Whereas, on December 16, 2025, and subsequently on January 20, 2026, at a duly noticed Public Hearings, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and by a resolution recommended that the Council adopt Findings of Consistency with the MSHCP; and Whereas, on February 24, 2026, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

CC Reso. No. 2026-____

Page 2 of 5 ends

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

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has considered the Project and the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

Section 3: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency:

1. The Project is a project under the City’s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval.

The project site is not located within a MSHCP Criteria Cell. Pursuant to the City’s MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other “Plan Wide Requirements.” These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, §

6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4).

2. The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review processes.

As stated above, the project is not located within a Criteria Cell and therefore was not required to go through the LEAP and JPR processes

3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.

The project site is vacant and undeveloped. A MSHCP Biological Resources Compliance Analysis was prepared for the project in which it was determined that the project would not result in impacts to the MSHCP riparian/riverine resources, vernal pools, riparian birds. The project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required.

4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.

The project site is not located within the Narrow Endemic Plant Species Survey Areas as shown on Figure 6-1 of the MSHCP. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP.

5. The Project is consistent with the Additional Survey Needs and Procedures.

CC Reso. No. 2026-____

Page 3 of 5 ends

The MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The project site is partially located within the MSHCP survey area for burrowing owls (BUOW). A pre-construction BUOW would be required and is included as a mitigation measure to the project’s IS/MND.

6. The Project is consistent with the Urban/Wildlands Interface Guidelines.

According to section 6.1.4 of the MSHCP, the Urban/Wildlands Interface Guidelines are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area. The project site is not near an existing or proposed conservation area. Therefore, the Urban/Wildlife Interface Guidelines are not applicable.

7. The Project is consistent with the Vegetation Mapping requirements.

There are no resources located on the project sites requiring mapping as set forth in MSHCP Section 6.3.1.

8. The Project is consistent with the Fuels Management Guidelines.

The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation areas. The project is not located within or adjacent to MSHCP Conservation Areas. Since the project site is not immediately adjacent to a MSHCP Conservancy Area, the proposed project does not pose a risk of causing direct or indirect effects to MSHCP Conservancy Areas.

Therefore, the project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. The project will incorporate the BMPs outlined in Volume I, Appendix C of the MSHCP as part of the development. Therefore, the project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP.

9. The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee.

As a condition of approval, the project will be required to pay the City’s MSHCP Local Development Mitigation Fee at the time of issuance of building permits.

10. The Project is consistent with the MSHCP.

The project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.

As described above, the project complies with all applicable MSHCP requirements.

Section 4: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

CC Reso. No. 2026-____

Page 4 of 5 ends

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California on this 24th day of February 2026.

Robert E. Magee,
Mayor
Attest:
_______________________________
Candice Alvarez, MMC
City Clerk
CC Reso. No. 2026-____

Page 5 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES
NOES:

ABSTAIN:

ABSENT:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38512 TO
SUBDIVIDE 23.05 ACRES INTO A 6.6-ACRE PARCEL FOR AN APARTMENT DEVELOPMENT, TWO LOTS FOR CONDOMINIUM PURPOSES TOTALING 3.8 ACRES, AND 137 SINGLE-FAMILY RESIDENTIAL LOTS FOR THE DEXTER

VILLAGE PROJECT LOCATED ON DEXTER AVENUE BETWEEN SECOND STREET AND THIRD STREET (APN: 377-090-013, 377-090-037, 377-090-039, AND 377-090-040)
Whereas, James Walters, Fairbrook Communities LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2024-15 for a 451- unit residential development with 137 single-family homes, 84 townhomes, and 230 apartment units including 22 affordable units on an existing vacant 23.05-acre site. The project’s requests include Tentative Tract Map No. 38512 to subdivide the 23.05-acre project site into a 6.6-acre parcel for the apartments, two lots totaling 3.8-acres for condominium purposes for the townhomes, and 137 lots for the single-family homes; Conditional Use Permit No. 2024-08 to allow the development of condominiums (townhomes) in in the Commercial Mixed Use (CMU) zone; and, Residential Design Review No. 2024-07 for the proposed building designs and related improvements including new parking, walls and fencing, and landscaping. The project is located on Dexter Avenue between Second Street and Third Street (APN: 377-090-013, 377-090-037, 377-090-039, 377-090-040);
Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; Whereas, based upon the results of the Initial Study (Environmental Review No. 2023- 02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on November 12, 2025, and ending at 5:00 p.m. on December 12, 2025;
Whereas, on February 24, 2026, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2025110457) for the Project and adopted a Mitigation Monitoring and Reporting Program;
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the tentative map review; Whereas, on December 16, 2025, and subsequently on January 20, 2026, at a duly noticed Public Hearings, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted a resolution recommending that the Council approve Tentative Tract Map No. 38412; and CC Reso. No. 2026-____

Page 2 of 4 ends

Whereas, on February 24, 2026, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

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

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed Tentative Parcel Map No. 38512 pursuant to the appropriate Planning and Zoning Laws and Chapter 16 (Subdivisions) of the LEMC and the Subdivision Map Act.

Section 3: That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Council makes the following findings for approval of Tentative Tract Map No. 38512:

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5).

The City’s General Plan designates the subject project site as Commercial Mixed Use (CMU).

However, the proposal does support the Housing Element with the provision of additional housing units that will aid the City in achieving required Regional Housing Needs Assessment (RHNA) units, particularly protected affordable units for very low-income households.

Although, the proposed project deviates from some standards and regulations in the City’s General Plan and Zoning Code, it remains compliant with State and Local laws through the application of Density Bonus Law.

2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan.

The overall density and design are consistent and compatible with the adjacent communities.

3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced.

The proposed land division supports the City’s Housing Element with the provision of additional housing units that will aid the City in achieving required Regional Housing Needs Assessment (RHNA) units, particularly protected affordable units for very low-income households. The City’s 2021-2029 Housing Element indicates that the City has a RHNA of 6,681 housing units to accommodate during the 2021-2029 housing element period. Of these 6,681 housing units, 28.1 percent or 1,878 housing units should be provided at the very low- CC Reso. No. 2026-____

Page 3 of 4 ends

income level. The proposed project would provide 22 very low-income housing units towards that goal.

Furthermore, the project supports goals of the Housing Element through the following:
• Provides for the development of a variety of housing opportunities. • Provides housing opportunities for persons of lower and moderate incomes. • Preserves the quality of the existing housing stock in Lake Elsinore. • Promotes equal housing opportunities for all residents.

In addition, the project has been conditioned to annex into a Community Facilities District in order to fund the ongoing operation and maintenance of the public right of way, landscaped areas, any neighborhood parks to be maintained by the City, and for street lights in the public right-of-way to offset the annual fiscal impacts of the project.

4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts.

Pursuant to California Environmental Quality Act (CEQA) Section 21080(c), the proposed project could have a significant effect on the environment as evidenced in the Initial Study, however there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent and mitigation measures have been applied to the project as documented in the Mitigated Negative Declaration (MND) (SCH# 2025110457). With the incorporation of the detailed mitigation measures, potential impacts would be reduced to a level of less than significant.

5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems.

The proposed tentative map has been adequately conditioned by all applicable City departments and outside agencies and will not result in any significant environmental impacts.

In addition, any potential impacts will be reduced to less than significant levels through the incorporation of mitigation measures as identified by the MND. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land.

All known easements or requests for access have been incorporated into the design of the proposed map. In addition, the tentative map has been circulated to City departments and outside agencies for review, and appropriate Conditions of Approval have been applied to the project.

Section 4: Based upon the evidence presented and the above findings, and the conditions of approval imposed upon the project, the Council hereby approves Tentative Tract Map No. 38512.

Section 5: This Resolution shall take effect immediately upon its adoption.

CC Reso. No. 2026-____

Page 4 of 4 ends

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California on this 24th day of February 2026.

Robert E. Magee
Mayor
Attest:
_______________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES
NOES:

ABSTAIN:

ABSENT:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2024-08 TO ALLOW THE DEVELOPMENT OF CONDOMINUMS (84 TOWNHOMES) IN THE

COMMERCIAL MIXED USE (CMU) ZONE FOR THE DEXTER VILLAGE

PROJECT LOCATED ON DEXTER AVENUE BETWEEN SECOND STREET AND THIRD STREET (APN: 377-090-013, 377-090-037, 377-090-039, AND 377-090- 040)
Whereas, James Walters, Fairbrook Communities LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2024-15 for a 451- unit residential development with 137 single-family homes, 84 townhomes, and 230 apartment units including 22 affordable units on an existing vacant 23.05-acre site. The project’s requests include Tentative Tract Map No. 38512 to subdivide the 23.05-acre project site into a 6.6-acre parcel for the apartments, two lots totaling 3.8-acres for condominium purposes for the townhomes, and 137 lots for the single-family homes; Conditional Use Permit No. 2024-08 to allow the development of condominiums (townhomes) in in the Commercial Mixed Use (CMU) zone; and, Residential Design Review No. 2024-07 for the proposed building designs and related improvements including new parking, walls and fencing, and landscaping. The project is located on Dexter Avenue between Second Street and Third Street (APN: 377-090-013, 377- 090-037, 377-090-039, 377-090-040);
Whereas, Conditional Use Permit (CUP) No. 2024-08 proposes to allow the development of for sale condominiums (84 Townhomes) in the Commercial Mixed Use (CMU) zone;
Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; Whereas, based upon the results of the Initial Study (Environmental Review No. 2023-02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on November 12, 2025, and ending at 5:00 p.m. on December 12, 2025;
Whereas, on February 24, 2026, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2025110457) for the Project and adopted a Mitigation Monitoring and Reporting Program;
Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to conditional use permit applications; Whereas, on December 16, 2025, and subsequently on January 20, 2026, at duly noticed Public Hearings, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve CUP No. 2024-08; and CC Reso. 2026-
2 of 4
Whereas, on February 24, 2026, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

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

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC
Section 3: That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding Conditional Use Permit Review No. 2024-08:

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

The proposed project is exempt from the General Plan land use designation objectives as requested (Cal. Gov. Code §§ 65915 et seq.). More specifically, the project application is eligible for unlimited waivers from the development code with the provision of 5% very low-income dwelling units, or 22 on-site units. The applicant has requested waivers from the land use designation, dwelling unit density, and other use-related provisions of the General Plan. However, the proposal does support the Housing Element with the provision of additional housing units that will aid the City in achieving required Regional Housing Needs Assessment (RHNA) units, particularly protected affordable units for very low-income households. Although, the proposed project deviates from some standards and regulations in the City’s General Plan and Zoning Code, it remains compliant with State and Local laws through the application of Density Bonus Law.

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

The proposed residential use will not be detrimental to the health, safety, comfort or welfare of residents or workers and no injuries will be caused to property or improvements through the permitting of the residential use on the subject property.

Furthermore, a Mitigated Negative Declaration (MND) was prepared for the project, confirming that all potential impacts can be mitigated to a level of less than significant.

The project must comply with all mitigation measures set forth in the MND as well as the project’s conditions of approval.

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

The proposed development qualifies for waivers and concessions under California CC Reso. 2026-
3 of 4
Government Code Section 65915 et seq., as implemented through Chapter 17.58 of the LEMC. These provisions allow modifications to development standards including yards, setbacks, wall heights, landscaping, and buffers when such standards would otherwise physically preclude the construction of a project at the permitted density, inclusive of the affordable housing component. Through granting of these waivers, the site is deemed adequate in size and shape to accommodate the proposed residential use and associated features.

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

As mentioned in Finding #3 above, the proposed development qualifies for waivers and concessions under California Government Code Section 65915 et seq., as implemented through Chapter 17.58 of the LEMC. These provisions allow modifications to development standards including yards, setbacks, wall heights, landscaping, and buffers when such standards would otherwise physically preclude the construction of a project at the permitted density, inclusive of the affordable housing component. The project proposes a waiver from the minimum drive aisle width standard pursuant to Government Code Section 65915. Although, the minimum required drive aisle width has been reduced from what the standard requires, the design of the project roadways, including width and type of pavement can accommodate the type and quantity of traffic generated by the subject use. Lastly, an MND was prepared for the project inclusive of a Traffic Impact Analysis and detailed Vehicle Miles Traveled analysis which determined that the project’s potential impacts on traffic would be less than significant.

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

The MND prepared for the project determined that all potential environmental impacts can be reduced to a level of less than significant through incorporating the required mitigation measures. The project has also been thoroughly reviewed and conditioned accordingly by all applicable City departments; thereby, eliminating the potential for any adverse effects.

6. That adequate conditions and safeguards contained in the LEMC have been incorporated into the approval of the conditional use permit to ensure that the use continues in a manner envisioned by these findings for the term of the use.

Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on December 16, 2025 and January 20, 2026, and subsequently by the City Council at a duly noticed Public Hearing held on February 24, 2026 and appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare Section 4: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby approves Conditional Use Permit No. 2024-08.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into CC Reso. 2026-
4 of 4
the book of original Resolutions.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California on this 24th day of February 2026. __________________________
Robert E. Magee,
Mayor
Attest:
____________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES
NOES:

ABSTAIN:

ABSENT:
____________________________
Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2026-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2024-07 AND

DENSITY BONUS AGREEMENTS, PROVIDING BUILDING DESIGNS AND RELATED IMPROVEMENTS FOR 230 APARTMENT UNITS, 137 SINGLEFAMILY DWELLING UNITS, 84 TOWNHOMES, AND THREE AMENITY

BUILDINGS FOR THE DEXTER VILLAGE PROJECT LOCATED ON DEXTER AVENUE BETWEEN 2ND AND 3RD STREETS (APN: 377-090-013, 377-090- 037, 377-090-039, AND 377-090-040)
Whereas, James Walters, Fairbrook Communities LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2024-15 for a 451- unit residential development with 137 single-family homes, 84 townhomes, and 230 apartment units including 22 affordable units on an existing vacant 23.05-acre site. The project’s requests include Tentative Tract Map No. 38512 to subdivide the 23.05-acre project site into a 6.6-acre parcel for the apartments, two lots totaling 3.8-acres for condominium purposes for the townhomes, and 137 lots for the single-family homes; Conditional Use Permit No. 2024-08 to allow the development of condominiums (townhomes) in in the Commercial Mixed Use (CMU) zone; and, Residential Design Review No. 2024-07 for the proposed building designs and related improvements including new parking, walls and fencing, and landscaping. The project is located on Dexter Avenue between Second Street and Third Street (APN: 377-090-013, 377-090-037, 377-090-039, 377-090-040);
Whereas, Residential Design Review (RDR) No. 2024-07 proposes to construct 230 apartment units, 137 single-family dwelling units, 84 condominium/townhomes for a total of 451 dwelling units, with 1,078 (garage, driveway and open spaces) parking spaces, a 1,270 square foot recreational building, a 5,577 square foot clubhouse building, and other related site improvements including new parking, walls/fencing, and landscaping; Whereas, pursuant to California Government Code Sections 65915 – 65918 and Chapter 17.58 of the Lake Elsinore Municipal Code (LEMC), the project is proposing to provide 5% of very low-income affordable units which equate to 22 units and would be distributed evenly across four of the eight apartment buildings. Affordable unit sizes provided vary with 14 onebedroom/one-bath units, six (6) two-bedroom/two-bath units, and four (4) three-bedroom/twobath units; Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; Whereas, based upon the results of the Initial Study (Environmental Review No. 2023- 02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on November 12, 2025, and ending at 5:00 p.m. on December 12, 2025;
CC Reso. No. 2026-____

Page 2 of 4 ends

Whereas, on February 24, 2026, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2025110457) for the Project and adopted a Mitigation Monitoring and Reporting Program;
Whereas, pursuant to Section 17.415.050 (Major Design Review), Section 17.410.070 (Approving Authority), Section 14.58.060 (Density Bonus Implementation), and Section

17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design review applications;
Whereas, on December 16, 2025, and subsequently on January 20, 2026, at duly noticed Public Hearings, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve RDR No. 2024-07; and Whereas, on February 24, 2026, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

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

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP, and the LEMC.

Section 3: That in accordance with Section 17.415.050.G of the LEMC, the Council makes the following findings regarding RDR No. 2024-07:

1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located.

The proposed project is exempt from the General Plan land use designation objectives as requested (Cal. Gov. Code §§ 65915 et seq.). More specifically, the project application is eligible for unlimited waivers from the development code with the provision of 5% very lowincome dwelling units, or 22 on-site units. The applicant has requested waivers from the land use designation, dwelling unit density, and other use-related provisions of the General Plan. However, the proposal does support the Housing Element with the provision of additional housing units that will aid the City in achieving required Regional Housing Needs Assessment (RHNA) units, particularly protected affordable units for very low-income households. Although, the proposed project deviates from some standards and regulations in the City’s General Plan and Zoning Code, it remains compliant with State and Local laws through the application of Density Bonus Law.

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

CC Reso. No. 2026-____

Page 3 of 4 ends

The Project is appropriate to the site and surrounding developments. The architectural design of the proposed buildings complies with the Residential Development Standards (Chapter 17.44) of the LEMC, unless otherwise requested through density bonus concessions and waivers. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets. The Project will create a visually pleasing, non-detractive relationship between the proposed development and existing projects through the use of various architectural styles including, but not limited to, French Country, Modern Farmhouse and Santa Barbara that is cohesive with existing developments in the vicinity. In addition, safe and efficient circulation has been achieved onsite.

3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

Pursuant to Section 17.415.050.E of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on December 16, 2025 and January 20, 2026, and subsequently by the City Council at a duly noticed Public Hearing held on February 24, 2026. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment.

Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council approves RDR No. 2024-07.

Section 5: The City Council hereby approves the Density Bonus Housing Agreement attached hereto as Exhibit A with such modifications as approved by the City Attorney. The City Manager and City Clerk are hereby authorized and directed to execute and attest, respectively, the Density Bonus Housing Agreement on behalf of the City of Lake Elsinore.

Section 6: This Resolution shall take effect immediately upon its adoption.

Section 7: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California on this 24th day of February, 2026.

Robert E. Magee
Mayor
CC Reso. No. 2026-____

Page 4 of 4 ends

Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES
NOES:

ABSTAIN:

ABSENT:

Candice Alvarez, MMC
City Clerk

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
Project: Dexter Village Apartments
(Space Above For Recorder’s Use)
This Density Bonus Housing Agreement is
recorded at the request and for the benefit of
the City of Lake Elsinore and is exempt from
the payment of a recording fee pursuant to
Government Code Sections 6103 and 27383.

DENSITY BONUS HOUSING AGREEMENT

DEXTER VILLAGE
By and Between

CITY OF LAKE ELSINORE,
a California municipal corporation
and
3RD & DEXTER, LLC,
a Delaware limited liability company
[THIS AGREEMENT CONTAINS SUBORDINATION REQUIREMENTS
TO PRESERVE PRIORITY OF LAND USE AND REGULATORY COVENANTS] Dexter Villages Rental Density Bonus Agreement 121625.docx i

TABLE OF CONTENTS
Page

1. DEFINITIONS AND EXHIBITS.....................................................................................2

1.1 Definitions.............................................................................................................2

1.2 Exhibits.................................................................................................................8

2. DEVELOPMENT OF THE PROPERTY.........................................................................8

2.1 Project ...................................................................................................................8

2.2 Total Number of Units..........................................................................................8

2.3 Market Rate Units.................................................................................................9

2.4 Affordable Units...................................................................................................9

2.5 Minimum Development Standards For Affordable Units.....................................9

2.6 Authorized Incentives and Concessions...............................................................9

2.7 Compliance with Laws .........................................................................................9

2.8 Mechanic’s Liens; Indemnification ......................................................................9

3. AFFORDABILITY.........................................................................................................10

3.1 Terms..................................................................................................................10

3.2 Carryover of Total Affordability Term...............................................................10

3.3 Memorializing Commencement of Total Affordability Term............................10

4. OWNERSHIP AND OPERATION OF THE PROJECT BY OWNER.........................11

4.1 Recording of Documents....................................................................................11

4.2 Rental of Units....................................................................................................11

4.3 Leasing Forms and Marketing Plan....................................................................11

4.4 Income Verification ............................................................................................12

4.5 Location of Affordable Units..............................................................................12

5. SALE OF UNITS TO INDIVIDUAL OWNERS...........................................................12

5.1 Conveyance of Units...........................................................................................12

5.2 Notice to City......................................................................................................12

5.3 Designation of For Sale Affordable Units..........................................................12

5.4 Sale of Affordable Units.....................................................................................12

5.5 Unit Release from Regulatory Agreement and Density Bonus Agreement...........................................................................................................15

5.6 Right of First Refusal for Existing Tenants of Affordable Units........................16

5.7 Sale of Units; Indemnification............................................................................17

5.8 Qualified Purchaser Marketing and Orientation.................................................17

6. TERM OF THIS AGREEMENT....................................................................................18

6.1 Term....................................................................................................................18

7. DEFAULT AND TERMINATION; INDEMNIFICATION..........................................18

7.1 Default.................................................................................................................18

7.2 Rights and Remedies Cumulative.......................................................................19

7.3 Indemnification...................................................................................................19 Dexter Villages Rental Density Bonus Agreement 121625.docx ii Page

8. ASSIGNMENT.............................................................................................................. 19

8.1 Assignment By Owner....................................................................................... 19

8.2 Assignment by City............................................................................................ 21

8.3 Covenants Run with the Land............................................................................ 21

9. MISCELLANEOUS ...................................................................................................... 22

9.1 Notices............................................................................................................... 22

9.2 Entire Agreement............................................................................................... 23

9.3 Amendments...................................................................................................... 23

9.4 Severability ........................................................................................................ 23

9.5 Interpretation and Governing Law..................................................................... 23

9.6 Section Headings ............................................................................................... 23

9.7 Singular and Plural............................................................................................. 23

9.8 Joint and Several Obligations............................................................................. 23

9.9 Time of Essence................................................................................................. 23

9.10 Days................................................................................................................... 24

9.11 Waiver................................................................................................................ 24

9.12 Force Majeure .................................................................................................... 24

9.13 Mutual Covenants.............................................................................................. 24

9.14 Successors in Interest......................................................................................... 24

9.15 Jurisdiction and Venue....................................................................................... 24

9.16 Project as a Private Undertaking........................................................................ 24

9.17 Further Actions and Instruments; Administration of Agreement....................... 25

9.18 Estoppel Certificate............................................................................................ 25

9.19 Subordination..................................................................................................... 25

9.20 Attorneys’ Fees and Costs.................................................................................. 26

9.21 Authority to Execute .......................................................................................... 26

9.22 Counterparts....................................................................................................... 26 Dexter Villages Rental Density Bonus Agreement 121625.docx 1

DENSITY BONUS HOUSING AGREEMENT

DEXTER VILLAGE
This DENSITY BONUS HOUSING AGREEMENT (Dexter Village) (“Agreement”) is entered into as of the day of , 2025 by and between the CITY OF LAKE ELSINORE, a California municipal corporation (“City”), and 3RD & DEXTER, LLC, a Delaware limited liability company (“Owner”). City and Owner are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”

RECITALS
A. Owner is the owner in fee of that certain real property located on Dexter Avenue between 2nd Street and 3rd Street, consisting of approximately 23.44 acres of land, and more particularly described in the legal description attached hereto as Exhibit “A” and more particularly depicted in Exhibit “B,” both of which are incorporated herein by this reference (the “Property”).

B. Owner hassubmitted plansto develop on the Property a four hundred fifty-one (451) unit residential development, consisting of two hundred thirty (230) rental apartment units, eightyfour (84) condominium units, and one hundred thirty-seven (137) single family units(collectively, the “Project”). Owner intends to build the Project in two or more phases.

C. Pursuant to California Government Code Sections 65915-65918 and the implementing ordinance in Chapter 17.58 of the City of Lake Elsinore Municipal Code, owners of projects that include specified levels of affordable housing are entitled to apply for and receive certain density bonuses and additional incentives in order to facilitate the economic feasibility of those projects.

D. The General Plan designation for the Property is Commercial Mixed-Use GP. The project’s “master case number” is PA 2024-15, and other Project entitlements include CUP 2024- 08 for the townhome/condominium units included, RDR 2024-07 for design review of the residential building, and TTM 2024-05 for the proposed subdivision of the Property (collectively, the “Entitlements”).

E. Based on the zoning for the Property, the number of base units permitted is four hundred twenty-two (422) residential units. Owner has proposed constructing twenty-two (22) affordable units in the Project (i.e., 5% of the Base Units), which would entitle Owner to exercise a twenty percent (20%) density bonus option for the Project, resulting in up to eightyfive (85) density bonus units. Notwithstanding the foregoing, Owner has proposed constructing four hundred twenty-two (422) base residential units and up to twenty-nine (29) density bonus residential units, for a total of four hundred fifty-one (451) residential units.

F. In order to take advantage of the increase in allowable density, Owner must ensure, pursuant to the terms of this Agreement, that no less than twenty-two (22) residential units (i.e., 5% of the Base Units) will be used and occupied or available for use and occupancy by Very-Low Income Households (as defined below).

G. City has agreed to grant an incentive, as required by Government Code Sections 65915- 65918, by allowing the Project to be exempt from the requirements of subsection C of Lake Dexter Villages Rental Density Bonus Agreement 121625.docx 2 Elsinore Municipal Code Section 17.134.080. Additionally, City has agreed to certain waivers requested by Owner, as required by applicable law.

H. Attached hereto as Exhibit “F” is a regulatory agreement for the provision of affordable housing at the Project (“Regulatory Agreement”).

I. The Regulatory Agreement and this Agreement constitute the affordable housing plan with respect to the Affordable Units (as defined below) being provided for the Project and satisfy the affordable housing plan requirements of Chapter 17.58 of the City of Lake Elsinore Zoning Ordinance.

J. City has prepared and Initial Study/Mitigated Negative Declaration for the Project, and complied with the procedures set forth in the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines by the environmental review of the Project [(__________________Final Environmental Impact Report and Addendum (State Clearinghouse No. __________________)].

K. This Agreement (which includes by this incorporation by reference the attached Exhibits) is intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus units and incentive set forth herein.

L. It is a condition to the approval of the Entitlements that Owner enter into and duly record this Agreement and the Regulatory Agreement in the Official Records of the Riverside County Recorder's Office ("Official Records") with respect to and containing affordable housing agreements, covenants, conditions, and restrictions intended to be binding on Owner and the Property and Project.

M. The development of the Project on the Property pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements.

COVENANTS
NOW, THEREFORE, in consideration of the Entitlements and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND EXHIBITS

1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:

1.1.1 “Adjusted for household size appropriate to the unit” means a household of one person in the case of a studio unit, a household of two persons in the case of a onebedroom unit, a household of three persons in the case of a two- bedroom unit, and a household of four persons in the case of a three-bedroomunit.

Dexter Villages Rental Density Bonus Agreement 121625.docx 3

1.1.2 “Affordable Housing Plan” means, collectively, this Agreement and the Regulatory Agreement attached hereto as Exhibit “F”.

1.1.3 “Affordable Rent” means for a Very-Low Income Household the maximum Monthly Rent that does not exceed the amount of rent (including a reasonable utility allowance) for a Very-Low Income Household authorized pursuant to Health and Safety Code Section 50053 as such statute exists on the Effective Date, a copy of which is attached hereto and incorporated herein as Exhibit “C”, which statute as of the Effective Date statesthat the maximum Monthly Rent is equal to the product of thirty percent (30%) times fifty percent (50%) of Median Income, adjusted for household size appropriate to the unit. An example of the calculation of Affordable Rent is attached hereto and incorporated herein as Exhibit “D”.

1.1.4 “Affordable Units” means the twenty-two (22) Rental Units within the Project to be rented by Owner to a Very-Low Income Household at Affordable Rent in accordance with this Agreement. In accordance with the requirements of the Regulatory Agreement, the Affordable Units are anticipated to be comprised of the following:

Unit Type Very-Low
Income Units
1 Bedroom 14
2 Bedroom 6
3 Bedroom 2
Total 22
From time to time, Owner may modify the actual bedroom mix of Affordable Units without amending this Agreement so long as Owner complies with the bedroom mix requirements more fully set forth in the Regulatory Agreement.

1.1.5 “Agreement” meansthis DensityBonus Housing Agreement and all of the exhibits attached hereto.

1.1.6 “Base Units” means the four hundred twenty-two (422) Units (subject to adjustment pursuant to Section 2.3 below) that Owner would be authorized to develop on the Property pursuant to the Project zoning without application of the State Density Bonus Law (as defined below).

1.1.7 “City” means the City of Lake Elsinore, California, and the City’s successors and assigns.

1.1.8 “City Council” means the City Council of the City ofLake Elsinore.

1.1.9 “City Attorney” means the City Attorney for the City of Lake Elsinore.

Dexter Villages Rental Density Bonus Agreement 121625.docx 4

1.1.10 “City Manager” means the City Manager for the City of Lake Elsinore or designee.

1.1.11 “City’s Planning Commission” means the Planning Commission for the City of Lake Elsinore.

1.1.12 “Density Bonus Units” means the twenty-nine (29) Units, in addition to the Base Units, that Owner may develop pursuant to the density allowance in the State Density Bonus Law and the terms and conditions of this Agreement, which Owner would not be entitled to develop without providing that twenty-two (22) of the Base Units (i.e., 5% of the Base Units) will be Affordable Units designated for occupancy by Very-Low Income Households.

1.1.13 “Effective Date” means the date this Agreement is signed by the City Manager, which date shall be inserted in the preamble to this Agreement.

1.1.14 “Eligible Tenant” means a Household who complies with the income verification requirements of the Regulatory Agreement and qualifies as a Very- Low Income Household as defined therein.

1.1.15 “Household” means all persons residing in a Unit.

1.1.16 “Housing Regulations” means the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093, as they exist as of the Effective Date, a copy of which is attached hereto and incorporated herein as Exhibit “C”.

1.1.17 “Median Income” means the Riverside County area median income as published periodically by theCaliforniaDepartment of Housing andCommunity Development in Section 6932 of Title 25 of the California Code of Regulations, or successor regulation based on the median housing income as annually established by the United States Department of Housing and Urban Development. The Median Income figures for 2025, as of the Effective Date, are set forth in Exhibit “E”, which is attached hereto and incorporated herein by this reference. Upon request by Owner, City shall provide to Owner the amount of the Median Income.

1.1.18 “Monthly Rent” means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Owner which are required of all tenants (including mandatory renters insurance, if applicable), other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas, air conditioning and other heating, cooking and refrigeration fuels, if such utilities are paid for separately by the tenant and which allowance shall be based on the schedules determined by the Housing Authority of the County of Riverside; but not including telephone, internet or cable service, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Owner. In the event that all utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent.

1.1.19 “Owner” means 3rd & Dexter, LLC, a Delaware limited liability company, and its permitted successors and assigns to all or any part of the Property.

Dexter Villages Rental Density Bonus Agreement 121625.docx 5

1.1.20 “Owner Affiliate” shall mean any person or entity controlling, controlled by, or under common control with either such entity.

1.1.21 “Project” shall have the meaning ascribed in Recital B of this Agreement. In the event of any inconsistency between the description of the Project in this Agreement and the entitlements and permits for the Project, the approved entitlements and permits shall govern. In no event shall any development be permitted that is not permitted under the entitlements and permits in effect at the time of development.

1.1.22 “Property” shall have the meaning ascribed in Recital A of this Agreement.

1.1.23 “Rental Unit” means a residential dwelling unit within the Project to be rented by Owner pursuant to this Agreement, including, without limitation, the Affordable Units.

1.1.24 “Regulatory Agreement” means that certain Regulatory Agreement and Declaration ofCovenants and Restrictions attached to this Agreement as Exhibit “F”. In the event of any inconsistency between the terms of the Regulatory Agreement and the terms ofthis Agreement, the terms of the Regulatory Agreement shall govern.

1.1.25 “State Density Bonus Law” means Government Code Sections 65915-65918 as they exist on the Effective Date.

1.1.26 “Substitute Affordable Unit” means an equivalent Unit in terms of level of affordability restriction (Very-Low Income Household) and number of bedrooms for a previously designated Affordable Unit, substituted during the Total Density Bonus Agreement Term and further explained in the Regulatory Agreement.

1.1.27 “Total Affordability Term” means the fifty-five (55) year period for which Affordable Units shall be restricted for use and occupancy by a Very-Low Income Household. The Total Affordability Term shall commence on the date on which the last of the Affordable Units receives a certificate of occupancy issued by the City.

1.1.28 “Total Density Bonus Agreement Term” means the total period during which this Agreement shall be in full force and effect, as provided for in Section 5 below.

1.1.29 “Unit” means a residential dwelling unit within the Project.

1.1.30 “Very-Low Income Household” means a Household whose income does not exceed the qualifying limits for very-low income households pursuant to Health and Safety Code Section 50105 as it exists on the Effective Date, a copy of which is attached hereto and incorporated herein as Exhibit “C”, which statute as of the Effective Date statesthat the qualifying limits (as adjusted for household size) shall be published by the Department of Housing and Community Development in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development.

Dexter Villages Rental Density Bonus Agreement 121625.docx 6

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” Legal Description of the Property Exhibit
Exhibit “B”  Map showing Property and its Location
Exhibit “C”  Health and Safety Code Sections 50052.5,
50053, 50105, and 50093
Exhibit “D” Example of Affordable Rent Calculation
Exhibit “E”  Median Income for 2023
Exhibit “F”  Regulatory Agreement (and Attachments)
Exhibit “G” Termination and Release

1.3 Recitals. The Recitals set forth above are true and correct and incorporated herein by this reference.

2. DEVELOPMENT OF THE PROPERTY

2.1 Project. The Property may be developed as a four hundred fifty-one (451) unit residential community in accordance with and subject to all applicable entitlements and permits. Nothing herein shall be construed to require Owner to proceed with the construction or other implementation of the Project.

2.2 Total Number of Units. The Project may have up to four hundred fifty-one (451) Units, to be developed and maintained pursuant to the terms and conditions of this Agreement. The Project’s Units consist of up to four hundred twenty-two (422) Base Units and up to twenty-nine (29) Density Bonus Units, for a total of up to four hundred fifty-one (451) Units.

The Parties expressly understand and agree that the State Density Bonus Law as of the Effective Date allows up to a twenty percent (20%) increase in the number of the Base Units because Owner shall restrict five percent (5%) of the Base Units for occupancy by Very-Low Income Households.

2.3 Affordable Units. The Affordable units shall be provided within the development of the Rental Units, and shall be dispersed throughout that phase. Based on the number of Units allowed on the Property pursuant to Section 2.2 above, the Project shall have twenty-two (22) Affordable Units (i.e., 5% of the Base Units) designated for Very-Low Income Households pursuant to the terms and conditions of this Agreement, which shall be included in the two hundred thirty (230) Rental Units. The twenty-two (22) Affordable Units shall consist of fourteen (14) one-bedroom Rental Units, six (6) two-bedroom Rental Units, and two (2) threebedroom Rental Units The average square footage of the Affordable Units shall be approximately the same (i.e., less than 7% deviation) as the average square footage of the other Rental Units of the same number of bedrooms. Nothing herein shall preclude Owner from increasing the number of Affordable Units, and Owner may include a larger proportion of Affordable Units with a higher bedroom count as compared to the other Rental Units.

2.4 Authorized Incentives and Concessions. In accordance with the State Density Bonus Law and pursuant to the entitlements for the Project approved by City, City authorized the incentives and concessions set forth in Recital G above.

Dexter Villages Rental Density Bonus Agreement 121625.docx 7

3. AFFORDABILITY

3.1 Terms. Each Affordable Unit designated for Very-Low Income Households shall be restricted for use and occupancy by a Very-Low IncomeHousehold for a total period of no less than the Total Affordability Term. Owner may elect to substitute a Substitute Affordable Unit for an Affordable Unit during the Total Affordability Term. In that event, the remaining portion of the Total Affordability Term for the Affordable Unit shall be transferred to the Substitute Affordable Unit.

4. OWNERSHIP AND OPERATION OF THE PROJECT BY OWNER

4.1 Recording of Documents. No later than ten (10) days after approval of the Entitlements, Owner shall record or cause to be recorded in the Official Records for Riverside County, California, an executed original of this Agreement and the Regulatory Agreement. Owner shall provide City with conformed recorded copies of this Agreement and the Regulatory Agreement not later than fifteen (15) days after approval of the Entitlements. City shall cooperate with Owner in promptly executing in recordable form this Agreement and the Regulatory Agreement. It is the express intent and agreement between the Parties that during the Total Affordability Term, this Agreement and the Regulatory Agreement shall remain binding and enforceable against the portion of the Property upon which the rental units are to be constructed, the Project, and the Affordable Units to ensure compliance with the State Density Bonus Law and Chapter 17.58 of the Lake Elsinore Municipal Code, and to ensure the continued supply of Affordable Units in the Project.

4.2 Rental of Units. During the Total Affordability Term, Owner shall rent or cause to be rented the Affordable Units in accordance with the terms and conditions set forth in the Regulatory Agreement.

5. TERM OF THIS AGREEMENT

5.1 Term. The Total Density Bonus Agreement Term shall commence on the Effective Date and unless terminated earlier, shall continue until the expiration of the Total Affordability Term with respect to each Affordable Unit. Upon satisfaction of the foregoing, the City shall, at the request of Owner, record a termination of the Regulatory Agreement and this Agreement, in the form attached hereto as Exhibit “G”. The recording of such a termination document shall remove the Regulatory Agreement and this Agreement as an encumbrance upon title to the entire Property. Notwithstanding any other provision herein to the contrary, Owner’s indemnity obligations under Section 6.3 hereof shall survive the termination of this Agreement for a period of five (5) years from the date thereof with respect to any events that occurred prior to the expiration of the Total Affordability Term.

5.2 Release of For-Sale Property from Regulatory Agreement and Density Bonus Agreement. Following recordation of the Final Tract Map, City shall terminate and reconvey this Agreement and the Regulatory Agreement as to the portion of the Property upon which the for-sale units are to be constructed.

Dexter Villages Rental Density Bonus Agreement 121625.docx 8

6. DEFAULT; INDEMNIFICATION

6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein) constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.

6.2 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remediesfor the same default or any other default by the other Party.

6.3 Indemnification. Owner shall defend (with counsel acceptable to the City, which acceptance shall not be unreasonably withheld), indemnify and hold harmless City and its officers, officials, agents, employees and representatives (collectively, “Indemnitees”) from and against any loss, liability, claim, or judgment (collectively, “claims”) arising from any act or omission of Owner in connection with this Agreement, including, without limitation, liability for damage to any third party or claims for personal injury and property damage to any third party, which may arise out of or in connection with the direct or indirect activities of the Owner with respect to the Project, except to the extent arising from the gross negligence or willful misconduct of one or more Indemnitee. Owner agrees to and will defend the Indemnitees from any third-party claim, action, or proceeding to attack, set aside, void, or annul an approval by Indemnitees concerning this Agreement or the development of the Project or to determine the reasonableness, legality or validity of any condition attached thereto. The Owner’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against Indemnitees and costs of suit, claim or litigation, including without limitation reasonable attorneys’ fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding.

City shall promptly notify Owner of any such claim, action or proceeding, and City shall cooperate in the defense. Owner’s obligation to indemnify City hereunder shall survive any termination of this Agreement.

7. ASSIGNMENT

7.1 Assignment By Owner.

7.1.1 Assignment to Affiliate. Owner shall have the right to assign its rights and obligations under this Agreement to an Owner Affiliate in connection with a transfer of all or any portion of Owner’s interest in the Property to such Owner Affiliate. In the event of any such assignment, (i) assignee shall be liable for performance of the obligations of Owner after the date of assignment with respect to the portion of the Property so transferred and (ii) following written notice to City and delivery of an Assignment and Assumption Agreement with respect to Dexter Villages Rental Density Bonus Agreement 121625.docx 9 the rights and obligations set forth herein, Owner shall be relieved of its legal duty to perform the assigned obligations set forth in this Agreement applicable solely to the portion of the Property so transferred.

7.1.2 Assignment to Third Party. Subject to the terms of this Section 7.1.2, Owner shall have the right to sell or transfer the Property or any portion thereof, and assign its interests in this Agreement, to a non-affiliate third party (any of the foregoing, a “Transfer”). Not less than sixty (60) days prior to any Transfer, Owner shall notify City, in writing, of the proposed Transfer, and shall provide to City an assignment and assumption agreement pursuant to which the transferee will agree to assume all of the obligations of Owner hereunder for review and approval by City, such approval not to be unreasonably withheld, conditioned or delayed. Upon notice from the City (which notice must be provided within ten (10) days following Owner’s notification of City concerning the proposed transfer), the transferee may be required to meet with City’s Director of Community Development regarding the implementation of the affordable housing obligations hereunder prior to the City countersigning or otherwise approving any such assignment and assumption agreement. The City hereby agrees that it shall be unreasonable for the City to withhold consent to any proposed transferee with assets of at least $100,000,000.00 (as the same may be reasonably adjusted from time-to-time for inflation relying on a base year of 2025) and experience operating residential housing projects.

Notwithstanding the foregoing, Owner shall not be required to obtain City’s prior written approval for each individual lease entered into between Owner and a tenant of a Unit during the Total Density Bonus Agreement Term (so long as Owner complies with the terms and conditions of this Agreement and the form of the lease for Affordable Units complies with the Regulatory Agreement).

7.1.3 Release of Assigning Owner. Upon any sale, transfer or assignment that complies with the provisions of Section 7.1.1 or 7.1.2 above, City shall deliverto Owner upon request a release in writing byCity, which release shall be provided by City upon the full satisfaction by Owner of the following conditions:
(a) Owner no longer has a legal or equitable interest in all or any part of the portion of the Property or Project assigned.
(b) Owner is not then in default under this Agreement.
(c) Owner has provided City written evidence of the assignment and assumption of the rights, duties and obligations arising under or from this Agreement.

7.1.4 Subsequent Assignment. As used in this Agreement, the term “Owner” shall be deemed to include any such transferee or assignee after the datesuch transfer or assignment occurs in compliance with this Agreement.

7.1.5 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement by either Party shall be null and void, and the Partiesshall have the right to pursue any right or remedy at law or in equity to enforce the assignment provisions in this Section 7.

Dexter Villages Rental Density Bonus Agreement 121625.docx 10

7.2 Assignment by City. City shall have the right to assign in its sole and absolute discretion all or any part of its interests in this Agreement without Owner’s approval to any legal entity controlled by City. City shall provide notice to Owner of any such assignment.

7.3 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Owner and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns; shall inure to the benefit of City and its successors and assigns; and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City, which real property shall be deemed the benefited property of such covenants, and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City and running with the Property in accordance with the provisions of Civil Code Section 1468. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Owner hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Owner’s interest in the Property is rendered less valuable thereby. Owner hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the residents of City and by furthering the health, safety, and welfare of the residents of City. Owner hereby further declares its understanding that the covenants set forth in this Agreement are required by the State Density Bonus Law and Chapter 17.58 of the Lake Elsinore Municipal Code to run with the land and the Property for the duration of the Total Density Bonus Agreement Term.

8. MISCELLANEOUS

8.1 Notices.

8.1.1 Delivery. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shownon the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as FedEx), charges prepaid and delivery scheduled next-day to the recipient named below, provided thatthe sending party receives a confirmation of delivery from the delivery service provider. All notices shall be addressed as follows:

Dexter Villages Rental Density Bonus Agreement 121625.docx 11 If to City: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Manager
With a copy to: Barbara Leibold
City Attorney
Leibold McClendon & Mann
9841 Irvine Center Drive, Suite 230
Irvine, CA 92618
If to OWNER: 3rd & Dexter, LLC
30767 Gateway Place
Unit 144
Rancho Mission Viejo, CA 92694
Attn: James Walters

8.1.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a Party or an officer or representative of a Party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

8.2 Entire Agreement. This Agreement and all of its exhibits and attachments hereto and agreements referenced herein set forth and contain the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence ofany such representations, understandings or covenantsshall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of thisAgreement.

8.3 Amendments. The terms of this Agreement may only be modified or amended by an instrument in writing executed by each of the Parties hereto; provided, however, the City hereby authorizes the City Manager or his/her designee to make necessary corrective amendments or modifications to this Agreement on behalf of the City.

8.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

8.5 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against Dexter Villages Rental Density Bonus Agreement 121625.docx 12 the drafting party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

8.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

8.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.

8.8 Joint and Several Obligations. Except as otherwise set forth in Section 8.9 below, if at any time during the term of this Agreement the same portion of the Property and/or Project is owned by more than one Owner, all obligations of such Owner under this Agreement shall be joint and several with respect to the portion of the Property and Project that are collectively owned, and the default of any such Owner shall be the default of all such Owners.

8.9 Obligations upon Transfer. If at any time during the term of this Agreement, ownership in portions of the Property are separated, each Owner of any portion of the Property shall be solely and only liable for performance of such Owner’s obligations applicable to the portion of the Property under this Agreement as specified in the applicable assignment agreement.

8.10 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

8.11 Computation of Days. Unless otherwise specified in thisAgreement, use of the term “days” shall mean calendar days. For purposes of this Agreement, “business days” shall mean every day of the week that City Hall of the City is open for business to the general public.

8.12 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

8.13 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, casualties, wars, riots or similar hostilities, strikes walk-outs and other labor difficulties beyond the Party’s control (including the Party’s employment force), court actions (such as restraining orders or injunctions), government regulations, restrictions or mandates, or other causes beyond the Party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.

8.14 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

8.15 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to Dexter Villages Rental Density Bonus Agreement 121625.docx 13 this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each Party and each successor in interest during ownership of the Property or any portion thereof.

8.16 Jurisdiction and Venue. Any legal actions arising under this Agreement or brought by any Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, or in any other court in that county, and the Parties waive all provisions of law providing for the filing, removal or change of venue to any other court.

8.17 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement.The only relationship between City and Owner is that of a government entity regulating the development of private property and the Owner of such property.

8.18 Further Actions and Instruments; Administration of Agreement. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of eitherParty at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

City hereby authorizes City Manager to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of City so long as such actions do not substantially change the uses or development permitted on the Property. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.

8.19 Estoppel Certificate. Within thirty (30) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to this Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting Party and that there are no uncured defaults in the performance of the requesting Party except as may be represented by the requesting Party. The preparation and issuance of estoppel certificates under this Section

8.17 shall be at no expense to City.

Dexter Villages Rental Density Bonus Agreement 121625.docx 14

8.20 Subordination. City’s approval of the necessary land use entitlements that authorize Owner to develop, operate, and maintain the Project was based, in part, upon Owner’s obligation to provide no less than the number of Affordable Units required pursuant to the State Density Bonus Law and the terms and conditions of this Agreement. For the Total Density Bonus Agreement Term, this Agreement and the Regulatory Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing (each a “Deed of Trust”) recorded against the portion of the Property upon which the Rental Units are to be constructed.

Notwithstanding the preceding sentence, a Deed of Trust obtained by Owner from a reputable lender (collectively, “Lenders”) that is regularly engaged in the business of making or owning loans of similar types to the financing provided to Owner for the Property (hereinafter, the “Priority Obligations”), shall, upon request of Owner or the beneficiary of a Deed of Trust securing any Priority Obligation (hereinafter, the “Holder”), have priority over this Agreement if (i) Holder obtains City’s approval, which shall not be unreasonably withheld or delayed, prior to executing the Deed of Trust securing a Priority Obligation, and (ii) Holder and City execute in recordable form a subordination agreement in such form (or other necessary document) as may be reasonably approved by the City Attorney and Holder, confirming subordination of this Agreement to the lien of the Deed of Trust securing the Priority Obligation. The City Manager shall have the authority on behalf of City to provide the approval required under clause (i) above and to execute a subordination agreement in such form as reasonably approved by the City Attorney. Any subordination agreement must preserve the affordability requirements herein in the event of a default on the Deed of Trust securing a Priority Obligation, it being expressly understood and agreed by Owner that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.

8.21 Attorneys’ Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to receive, in addition to the relief granted, actual and reasonable attorneys’ fees, expert witness fees, costs of investigation, and costs of suit from the losing Party; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paidby City for legal services multiplied by the reasonable number of hoursspent by the attorneys of the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

8.22 Authority to Execute. The person or persons executing this Agreement on behalf of either Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their agency, corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.

8.23 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
[signatures on following page]
Dexter Villages Rental Density Bonus Agreement 121625.docx IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year set forth in the preamble above.
“CITY”
CITY OF LAKE ELSINORE, a California
municipal corporation
By:

Name: Jason Simpson
Its: City Manager
ATTEST:

Candice Alvarez, MMC , City Clerk

APPROVED AS TO FORM
David H. Mann, Acting City Attorney
“DEVELOPER”
3RD & DEXTER, LLC,
a Delaware limited liability company
By:

Name:

Its:

Dexter Villages Rental Density Bonus Agreement 121625.docx

ACKNOWLEDGMENT
State of California )
County of )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Dexter Villages Rental Density Bonus Agreement 121625.docx

ACKNOWLEDGMENT
State of California )
County of )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “A” EXHIBIT “A”

TO DENSITY BONUS HOUSING AGREEMENT

LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows:
[to come]
Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “B” EXHIBIT “B”

TO DENSITY BONUS HOUSING AGREEMENT

MAP SHOWING PROPERTY AND ITS LOCATION
[Attached]
Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “C” EXHIBIT “C”

TO DENSITY BONUS HOUSING AGREEMENT
Health and Safety Code Sections 50052.5, 50053, 50105, and 50093 [Attached]
Dexter Villages Rental Density Bonus Agreement 121625.docx 2 CALIFORNIA HEALTH AND SAFETY CODE SECTIONS:
50052.5
(a) For any owner-occupied housing that receives assistance prior to January 1, 1991, and a condition of that assistance is compliance with this section, “affordable housing cost” with respect to lower income households may not exceed 25 percent of gross income. (b) For any owner-occupied housing that receives assistance on or after January 1, 1991, and a condition of that assistance is compliance with this section, “affordable housing cost” may not exceed the following:
(1) For extremely low households the product of 30 percent times 30 percent of the area median income adjusted for household size appropriate for the unit. (2) For very low income households the product of 30 percent times 50 percent of the area median income adjusted for household size appropriate for the unit. (3) For lower income households whose gross incomes exceed the maximum income for very low income households and do not exceed 70 percent of the area median income adjusted for household size, the product of 30 percent times 70 percent of the area median income adjusted for household size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for household size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household. (4) For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for household size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for household size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.
(c) The department shall, by regulation, adopt criteria defining, and providing for determination of, gross income, adjustments for household size appropriate to the unit, and housing cost for purposes of determining affordable housing cost under this section. These regulations may provide alternative criteria, where necessary to be consistent with pertinent federal statutes and regulations governing federally assisted housing. The agency may, by regulation, adopt alternative criteria, and pursuant to subdivision (f) of Section 50462, alternative percentages of income may be adopted for agency-assisted housing development.
(d) With respect to moderate- and lower income households who are tenants of rental housing developments and members or shareholders of cooperative housing developments, or limited equity cooperatives “affordable housing cost” has the same meaning as affordable rent, as defined in Section 50053.
(e) Regulations of the department shall also include a method for determining the maximum construction cost, mortgage loan, or sales price that will make housing available to an income group at affordable housing cost.
(f) For purposes of this section, “area median income” shall mean area median income as published by the department pursuant to Section 50093.

Dexter Villages Rental Density Bonus Agreement 121625.docx 3 (g) For purposes of this section, “moderate income household” shall have the same meaning as “persons and families of moderate income” as defined in Section 50093. (h) For purposes of this section, and provided there are no pertinent federal statutes applicable to a project or program, “adjusted for household size appropriate to the unit” shall mean for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four- bedroom unit.
50053
(a) For any rental housing development that receives assistance prior to January 1, 1991, and a condition of that assistance is compliance with this section, “affordable rent” with respect to lower income households shall not exceed the percentage of the gross income of the occupant person or household established by regulation of the department that shall not be less than 15 percent of gross income nor exceed 25 percent of gross income.
(b) For any rental housing development that receives assistance on or after January 1, 1991, and a condition of that assistance is compliance with this section, “affordable rent,” including a reasonable utility allowance, shall not exceed:
(1) For extremely low income households the product of 30 percent times 30 percent of the area median income adjusted for household size appropriate for the unit. (2) For very low income households, the product of 30 percent times 50 percent of the area median income adjusted for household size appropriate for the unit. (3) For lower income households whose gross incomes exceed the maximum income for very low income households, the product of 30 percent times 60 percent of the area median income adjusted for household size appropriate for the unit. In addition, for those lower income households with gross incomes that exceed 60 percent of the area median income adjusted for household size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. (4) For moderate-income households, the product of 30 percent times 110 percent of the area median income adjusted for household size appropriate for the unit. In addition, for those moderate-income households whose gross incomes exceed 110 percent of the area median income adjusted for household size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. (c) The department’s regulation shall permit alternative percentages of income for agencyassisted rental and cooperative housing developments pursuant to regulations adopted under subdivision (f) of Section 50462. The department shall, by regulation, adopt criteria defining and providing for determination of gross income, adjustments for household size appropriate to the unit, and rent for purposes of this section. These regulations may provide alternative criteria, where necessary, to be consistent with pertinent federal statutes and regulations governing federally assisted rental and cooperative housing. The agency may, by regulation, adopt alternative criteria, and pursuant to subdivision (f) of Section 50462, alternative percentages of income may be adopted for agencyassisted housing developments. For purposes of this section, “area median income,” “adjustments for household size appropriate to the unit,” and “moderate- income household” shall have the same meaning as provided in Section 50052.5.

Dexter Villages Rental Density Bonus Agreement 121625.docx 4 50105
(a) “Very low income households” means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. These qualifying limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for very low income households for all geographic areas of the state at 50 percent of area median income, adjusted for household size and revised annually.
(b) “Very low income households” includes extremely low income households, as defined in Section 50106. The addition of this subdivision does not constitute a change in, but is declaratory of, existing law.
(c) As used in this section, “area median income” means the median household income of a geographic area of the state.
50093
“Persons and families of low or moderate income” means persons and families whose income does not exceed 120 percent of area median income, adjusted for household size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

However, the agency and the department jointly, or either acting with the concurrence of the Secretary of the Business, Consumer Services and Housing, may permit the agency to use higher income limitations in designated geographic areas of the state, upon a determination that 120 percent of the median income in the particular geographic area is too low to qualify a substantial number of persons and families of low or moderate income who can afford rental or home purchase of housing financed pursuant to Part 3 (commencing with Section 50900) without subsidy. “Persons and families of low or moderate income” includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079.5, and includes persons and families of extremely low income, persons and families of very low income, persons and families of low income, persons and families of moderate income, and middle-income families. As used in this division:
(a) “Persons and families of low income” or “persons of low income” means persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division. (b) “Persons and families of moderate income” or “middle-income families” means persons and families of low or moderate income whose income exceeds the income limit for lower income households.
(c) “Persons and families of median income” means persons and families whose income does not exceed the area median income, as adjusted by the department for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

Dexter Villages Rental Density Bonus Agreement 121625.docx 5 As used in this section, “area median income” means the median household income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. In the event these federal determinations of area median income are discontinued, the department shall establish and publish as regulations income limits for persons and families of median income for all geographic areas of the state at 100 percent of area median income, and for persons and families of low or moderate income for all geographic areas of the state at 120 percent of area median income. These income limits shall be adjusted for household size and shall be revised annually.

For purposes of this section, the department shall file, with the Office of Administrative Law, any changes in area median income and income limits determined by the United States Department of Housing and Urban Development, together with any consequent changes in other derivative income limits determined by the department pursuant to this section. These filings shall not be subject to Article 5 (commencing with Section 11346) or Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, but shall be effective upon filing with the Office of Administrative Law and shall be published as soon as possible in the California Regulatory Code Supplement and the California Code of Regulations.

The department shall establish and publish a general definition of income, including inclusions, exclusions, and allowances, for qualifying persons under the income limits of this section and Sections 50079.5, 50105, and 50106 to be used where no other federal or state definitions of income apply. This definition need not be established by regulation.

Nothing in this division shall prevent the agency or the department from adopting separate household size adjustment factors or programmatic definitions of income to qualify households, persons, and families for programs of the agency or department, as the case may be.

Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “D” EXHIBIT “D”

TO DENSITY BONUS HOUSING AGREEMENT

EXAMPLE OF AFFORDABLE RENT CALCULATION
[Attached]
Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “D” Example of Affordable Rent Calculation

RENTAL CALCULATION EXAMPLE
For purposes of determining Affordable Rent, Owner shall use an average of estimated housing costs for the next twelve months, which shall include all of the following:
• Use and occupancy of a housing unit and land and facilities associatedtherewith. • Any separately charged fees or service charges assessed by the lessor which are required of all tenants (including mandatory renters insurance, if applicable), other than security deposits.
• A reasonable allowance for utilities not included in the above costs, including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuels. Utilities do not include telephone and cable service. Such an allowance shall take into consideration the cost of an adequate level ofservice. • If applicable, possessory interest taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the lessor.

In explanation of the foregoing, Table 1 shows the maximum monthly gross rental housing payment pursuant to Health and Safety Code Section 50053(b)(2) and (b)(4) for Very Low Income households.

The gross monthly cost for Very Low Income is the product of 30 percent times 50 percent of the Riverside County Area Median Income adjusted for household size appropriate to the unit, (as shown in Table 1).1
Table 1
2025 Very-Low Income Rental
Gross Monthly Housing Payment
[2025 RENT LEVELS TO BE ADDED PRIOR TO EXECUTION]
Renting a studio unit, payment may not exceed $
Renting a 1 bedroom unit, payment may not exceed $
Renting a 2 bedroom unit, payment may not exceed $
Renting a 3 bedroom unit, payment may not exceed $
Should utilities or other costs listed above be paid separately by the tenant, Owner shall deduct from the above maximum monthly payment to arrive at the net rental payment for the unit. Utility cost schedules may be confirmed by the City of Lake Elsinore, which currently utilizes the most recent Utility Allowance Schedule issued by the Housing Authority of the County of Riverside.

The above examples are provided to illustrate how rental housing costs are calculated. Nothing in this Exhibitshallsupersede the provisions of this Agreement or the Regulatory Agreement and the provisions of those agreements shall control and be binding on all parties. 1 1 “Adjusted for household size appropriate to the unit” shall mean for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, and three persons in the case of a two-bedroom unit.

Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “E” EXHIBIT “E”

TO DENSITY BONUS HOUSING AGREEMENT
Median Income
[Attached]
Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “E” 2025 Income Guidelines
Qualifying Income Levels*
Note: Per State law, only median income adjusted for household size appropriate to the unit may be used for pricing. These incomes are shown in bold.

Income caps for specific categories are provided only for purposes of qualifying household not to determine price/rent.
*Numbers from HCD Memorandum dated April 23, 2025.

Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “F” EXHIBIT “F”

TO DENSITY BONUS HOUSING AGREEMENT
Regulatory Agreement and Declaration of Covenants and Restrictions [Attached]
Dexter Villages Rental Density Bonus Agreement 121625.docxEXHIBIT “G” EXHIBIT “G”

TO DENSITY BONUS HOUSING AGREEMENT
Termination and Release
[Attached]
Dexter Villages Rental Density Bonus Agreement 121625.docx 1

RECORDED AT THE REQUEST OF AND
WHEN RECORDED RETURN TO:

City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR
RECORDER’S USE)
This Termination and Release is recorded at
the request and for the benefit of the City of
Lake Elsinore and is exempt from the
payment of a recording fee pursuant to
Government Code Sections 6103 and 27383.

TERMINATION AND RELEASE
This TERMINATION AND RELEASE (the “Termination and Release”) is being entered into by and between the CITY OF LAKE ELSINORE, a California municipal corporation (the “City”), and FAIRBOOK COMMUNITIES LLC, a Nevada limited liability company (the “Owner”). City and Owner are hereinaftersometimes referred to collectively asthe “Parties” and individually as a “Party.”

RECITALS
A. Owner is the owner in fee of that certain real property located at [INSERT], consisting of approximately _________ net acres of land, and more particularly described in the legal description attached hereto as Attachment 1 and incorporated herein by this reference (the “Property”).

B. On or about , Owner and City entered into that certain Density Bonus Housing Agreement (the “Density Bonus Agreement”) relating to the Property.

The Density Bonus Agreement is a public record and is available for inspection and copying in the office of the City Clerk of City located at 130 S. Main Street, Lake Elsinore, California 92530.

Any capitalized terms not defined herein shall have the meanings ascribed to such terms in the Density Bonus Agreement.

C. The Owner has developed o a four hundred fifty-one (451) unit residential rental community. Pursuant to a City condition of approval for the Project and the Density Bonus Agreement, twenty-two (22) of said units (herein, the “Affordable Units”) are required to be rented at Affordable Rent to Very-Low Income Households.

D. Pursuant to the Density Bonus Agreement, Owner was required to execute and record that certain Regulatory Agreement and Declaration of Covenants and Restrictions (the “Regulatory Agreement”), recorded on , 20 , as
Instrument No. of the Official Records for Riverside County, California.

The Regulatory Agreement was recorded against the Property to memorialize the terms and conditions of the rental restrictions on the Affordable Units within the Project and to memorialize Dexter Villages Rental Density Bonus Agreement 121625.docx 2 and impose the restrictive covenants, including the affordability covenants that no less than twenty-two (22) Units were to be rented at Affordable Rent to Very-Low Income Households during the Total Affordability Term as set forth in the Density Bonus Agreement.

E. Pursuant to the Density Bonus Agreement and Regulatory Agreement, upon the expiration of the Total Affordability Term with respect to each Affordable Unit, Owner and City are required to execute and record or cause to be executed and recorded for the benefit of the Property this Termination and Release, whereupon the Property and Project would be released from the terms and conditions of the Regulatory Agreement and Density Bonus Agreement, and Owner would be released from all obligations thereunder except as to the Survival Obligations as defined below.

COVENANTS
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, Owner and City agree as follows:

1. From and after the date that this Termination and Release is recorded, neither the Property nor the Project shall be bound or burdened by any of the provisions set forth or referred to in the Regulatory Agreement or Density Bonus Agreement; provided, however, Owner shall continue to be bound by the obligations in the Density Bonus Agreement and Regulatory Agreement referenced in Section 6 of the Density Bonus Agreement as surviving the termination (“Survival Obligations”).

2. City shall cooperate in executing any further or additional documents, in recordable form as necessary, as may be reasonably requested by any existing or prospective owner or holder of a mortgage or deed of trust of, in, or to any of the Property and/or Project to confirm said Termination and Release. The form of any such additional documents shall be prepared by such existing or prospective owner or holder at no cost to City, and shall be in a form approved by the City Attorney.

3. City does hereby certify that Owner isreleased from any further obligations set forth in the Density Bonus Agreement or the Regulatory Agreement except for the Survival Obligations.

4. This Termination and Release shall not constitute evidence of compliance with or satisfaction of any obligation of Owner to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction or operation of work on the Property, or any part thereof.
[Signatures on next page]
Dexter Villages Rental Density Bonus Agreement 121625.docx IN WITNESS WHEREOF, City has executed this Termination and Release as of this day of , .
“CITY”

CITY OF LAKE ELSINORE,
a California municipal corporation
By:
_____________, City Manager
ATTEST:
, City Clerk
APPROVED AS TO FORM:
, City Attorney
On behalf of Fairbrook Communities LLC, a Nevada limited liability company, [OR SUCCESSOR OR ASSIGNEE] I hereby consent to the recordation of this Termination and Release for the benefit of the Property described herein.

Dated: “OWNER”
[INSERT],
a limited liability company [OR
SUCCESSOR OR ASSIGNEE]
By:

Its:

Dexter Villages Rental Density Bonus Agreement 121625.docx

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Dexter Villages Rental Density Bonus Agreement 121625.docx

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Dexter Villages Rental Density Bonus Agreement 121625.docx ATTACHMENT “1” TO TERMINATION AND

RELEASE OF LEGAL DESCRIPTION OF PROPERTY

LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows:
[INSERT]
Dexter Villages Rental Density Bonus Reg Agt 121625.docx 1

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
Project: Dexter Village Apartments
(Space Above For Recorder’s Use)
This Regulatory Agreement and Declaration of
Covenants and Restrictions is recorded at the request and for the benefit of the City of Lake Elsinore and is exempt from the payment of a recording fee pursuant to
Government Code Sections 6103 and 27383.

REGULATORY AGREEMENT AND

DECLARATION OF COVENANTS AND RESTRICTIONS
(Dexter Village)
This REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS (Dexter Village) (“Agreement”) is entered into as of this day of , 2025, by and between the CITY OF LAKE ELSINORE, a California municipal corporation (the “City”), and 3RD & DEXTER, LLC, a Delaware limited liability company (“Owner”). City and Owner are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party”.

R E C I T A L S
A. The City is a municipal corporation organized and existing pursuant to the laws of the State of California.

B. Owner and/or Owner’s members are owners and operators of multifamily rental and homeownership projects in California.

C. On or about , 202 , Owner submitted a complete or deemed complete housing project in accordance with the City’s applicable municipal codes, regulations, and policies, which may generally be described as follows: a four hundred fifty-one (451) unit residential development, consisting of two hundred thirty (230) rental apartment units, eighty-four (84) condominium units, and one hundred thirty-seven (137) single family units (collectively, the “Project”).

D. The Project is located on Dexter Avenue between 2nd Street and 3rd Street in the City of Lake Elsinore, County of Riverside, State of California, as more particularly described in Dexter Villages Rental Density Bonus Reg Agt 121625.docx 2 the legal description attached hereto as Attachment 1 and more particularly depicted in Attachment 2, both of which exhibits are incorporated herein by this reference (the “Property”).

E. Pursuant to California law (Government Code Sections 65915-65918) (the “State Density Bonus Law”) and implementing ordinance in Chapter 17.58 of the City’s Municipal Code (the “City Density Bonus Ordinance”), applicants of residential projects that include specified levels of affordable housing are entitled to apply for and receive certain density bonuses and additional incentives that contribute significantly to the economic feasibility of lower income housing.

F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law as may be implemented through the City Density Bonus Ordinance. For purposes of this Agreement, the Project is a “housing development” as defined in the State Density Bonus Law.

G. On or about the date hereof, the City and Owner entered into that certain Density Bonus Housing Agreement (Dexter Village), which will be recorded concurrently herewith in the Official Records of Riverside County, California (“Density Bonus Agreement”). Among other terms and conditions, the Density Bonus Agreement memorializes the density bonus, incentives, and other provisions under the State Density Bonus Law applicable to the Project.

H. This Agreement (which includes by this incorporation by reference the Attachments and Exhibits) is required to be entered into under the Density Bonus Agreement and to be binding upon the Owner to implement, among the other terms and conditions set forth herein, the affordability requirements for the Project in exchange for receiving the density bonus, incentives, and other provisions applicable to the Project, as required by the State Density Bonus Law and as may be implemented through the City’s Density Bonus Ordinance.

I. It is the intent of the City and Owner that Owner’s interests in the Property shall be subject to this Agreement and that the terms hereof shall be binding on the Owner and its successors in interest in the Property approved pursuant to the Density Bonus Agreement, for so long as this Agreement shall remain in effect pursuant to the Density Bonus Agreement.

J. The development of the Project on the Property pursuant to this Agreement and Density Bonus Agreement, and the fulfillment generally of this Agreement and Density Bonus Agreement, are in the vital and best interests of the City, and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements.

A G R E E M E N T
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties hereby agree as follows:

Dexter Villages Rental Density Bonus Reg Agt 121625.docx 3

1. Definitions and Attachments.

1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:

1.1.1 “Adjusted for family size appropriate to the unit” shall have the meaning set forth in Health and Safety Code section 50052.5, and established and published from time to time for state income limits by HCD in Section 6932 of Title 25 of the California Code of Regulations, or successor regulation.

1.1.2 “Affordable Rent” means the maximum Monthly Rent that may be charged to and paid by an Eligible Affordable Household for the Affordable Units, as determined annually, as calculated pursuant to Health and Safety Code Section 50053, and established and published from time to time for state income limits by HCD in Section 6932 of Title 25 of the California Code of Regulations, or successor regulation.

1.1.3 “Affordable Unit” means individually and “Affordable Units” means, collectively, twenty-two (22) Rental Units, which shall be comprised of fourteen (14) 1- bedroom Units available for Very Low Income Households; six (6) 2-bedroom Units available for Very Low Income Households, and two (2) 3-bedroom Units available for Very Low Income Households.

1.1.4 “Agreement” and “Regulatory Agreement” means this Agreement and all attachments hereto.

1.1.5 “Base Units” means the four hundred twenty-two (422) residential Units that would have been authorized on the Property without application of the State Density Bonus Law.

1.1.6 “City” means the City of Lake Elsinore, California, and the City’s successors and assigns.

1.1.7 “City Council” means the City Council of the City.

1.1.8 “City Attorney” means the City Attorney for the City.

1.1.9 “City Manager” means the City Manager, or authorized designee acting on behalf of the City Manager to administer this Agreement, for the City.

1.1.10 “City Monitoring Fee” means an annual monitoring fee payment to the City in the amount of $74 per Affordable Unit, as adjusted by the lesser of 3.5% or the percentage annual increase in the United States City Average All Items for All Urban Consumers (CPI-U, 1982-84=100) published by the Bureau of Labor Statistics of the U.S. Department of Labor; if the publication of the Consumer Price Index of the U.S. Bureau of Labor Statistics is discontinued, comparable statistics on the purchasing power of the consumer dollar published by a responsible financial periodical reasonably selected by City shall be used for making such computations) per annum commencing in the year the Affordable Unit receives a certificate of occupancy, to be paid annually by Owner to defray the costs incurred by City for monitoring Dexter Villages Rental Density Bonus Reg Agt 121625.docx 4 compliance with the affordability covenants set forth in this Agreement and the Density Bonus Agreement, as the same may be adjusted by the City Manager from time to time.

1.1.11 “Density Bonus Agreement” means the agreement referenced in Recital G.

1.1.12 “Density Bonus Agreement Term” means the period during which the Density Bonus Agreement shall be in full force and effect, as provided for in Section 5.1 of the Density Bonus Agreement.

1.1.13 “Density Bonus Units” means the twenty-nine (29) Units in addition to the Base Units that Developer shall develop pursuant to the density allowance in the State Density Bonus Law and the terms and conditions of the Density Bonus Agreement, of which Developer would not be entitled to develop without providing the Affordable Units.

1.1.14 “Effective Date” has the same meaning as in the Density Bonus Agreement.

1.1.15 “Eligible Affordable Household” means a Household that Owner has determined constitutes a Very Low Income Household.

1.1.16 “Gross Mismanagement” has the meaning set forth in Section 8.

1.1.17 “HCD” means the California Department of Housing and Community Development, or successor state agency responsible for the oversight and administration of State Density Bonus Law as that law relates to statewide programs for low and moderate income households.

1.1.18 “Home Office” means a separate area or room in an Affordable Unit used for business purposes and claimed as a business expense pursuant to federal and state income tax laws. Any room used for business purposes shall not reduce the number of bedrooms that are required to be within an Affordable Unit pursuant to this Agreement and the Density Bonus Agreement.

1.1.19 “Household” means all persons residing in a Unit.

1.1.20 “Income Computation and Certification Form” means the form attached to this Agreement as Attachment 3 used to determine and certify whether a potential renter is an Eligible Affordable Household.

1.1.21 “Median Income” means the Riverside County, California area median income, adjusted for family size appropriate to the unit, established and published from time to time, pursuant to Section 8 of the United States Housing Act of 1937, by HCD in Section 6932 of Title 25 of the California Code of Regulations, or successor regulation.

1.1.22 “Monthly Rent” means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Owner which are required of all tenants, Dexter Villages Rental Density Bonus Reg Agt 121625.docx 5 other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, and (d) possessory interest, taxes or other fees or charges assessed for use of the Affordable Unit and/or land and facilities associated therewith by a public or private entity other than Owner. In the event that all utility charges are paid by the Owner rather than the tenant, no utility allowance shall be added to the rent for purposes of calculating Monthly Rent. “Monthly Rent” shall include any other monthly (or monthly pro-rated) costs, fees, or payments that HCD requires pursuant to duly adopted California Code of Regulations to be included as part of “affordable rent” for the use and occupancy of an Affordable Unit.

1.1.23 “Project” means that certain residential development more particularly described in Recital C.

1.1.24 “Property” means that certain real property more particularly described in the legal description in Attachment 1 and improvements thereon, and depicted in Attachment 2.

1.1.25 “Rental Unit” means a residential dwelling unit within the Project (including Unrestricted Units and Affordable Units) to be rented by Owner pursuant to this Agreement and the Density Bonus Agreement.

1.1.26 “Residential Unit” means a residential dwelling unit within the Project (including Unrestricted Units and Affordable Units) to be sold or rented by Owner pursuant to this Agreement and the Density Bonus Agreement.

1.1.27 “State Density Bonus Law” means Government Code
Sections 65915-65918 as they exist on the Effective Date.

1.1.28 “Substitute Affordable Units” means an equivalent Unit in terms of number of bedrooms for an Affordable Unit.

1.1.29 “Total Affordability Term” has the meaning set forth in Section 3.1.

1.1.30 “Unit” means a “Residential Unit.”

1.1.31 “Unrestricted Units” means the Residential Units within the Project to be sold or rented by Owner to a Household without restriction.

1.1.32 “Very Low Income Household” means a Household whose income does not exceed the qualifying limit for “very low income families” pursuant to Health and Safety Code Section 50105, in which such income does not exceed the state income limit for such household as established and published from time to time by HCD in Section 6932 of Title 25 of the California Code of Regulations, or successor regulation.

1.2 Attachments. The following documents are attached to, and by this reference made a part of, this Agreement:

Dexter Villages Rental Density Bonus Reg Agt 121625.docx 6 Attachment 1 – Legal Description of Property
Attachment 2 – Map showing Property and Location of Affordable Units Attachment 3 – Income Computation and Certification Form

2. Development of the Project; Affordable Units. Owner shall complete the construction and development of the Project on the Property subject to the entitlements for the Project and the terms and conditions set forth in the Density Bonus Agreement. The Affordable Units shall be dispersed throughout the Rental Units as designated on Attachment 2.

3. Affordability.

3.1 Total Affordability Term for Affordable Units. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Affordable Household for a total period of no less than fifty-five (55) years (the “Total Affordability Term”). The Total Affordability Term for an Affordable Unit shall commence on the date that the Affordable Unit receives all required occupancy permits from the City. By way of explanation of the foregoing two sentences, it is possible that the 55-year affordable period for one Affordable Unit will neither commence on the same date nor terminate on the same date as another Affordable Unit. If the Affordable Units do not concurrently receive on the same day all required occupancy permits from the City, this Agreement shall remain binding and in full force and effect from the date it is required to be recorded pursuant to the Density Bonus Agreement until the date that is fifty-five (55) years after the last Affordable Unit received all required occupancy permits. If the Affordable Units concurrently receive on the same day all required occupancy permits from the City, this Agreement shall remain binding and in full force and effect from the date it is required to be recorded pursuant to the Density Bonus Agreement until the date that is fifty-five (55) years after the Affordable Units received all required occupancy permits.

3.2 City Monitoring Fee. For purposes of defraying the monitoring activities required to ensure compliance with the State Density Bonus Law and affordability covenants set forth in this Agreement, Owner shall pay to City the City Monitoring Fee no later than December 31 of each year. City may deliver to Owner an invoice for the City Monitoring Fee, but in no event shall Owner be relieved of the payment obligation for any City Monitoring Fee even if no invoice is provided. City shall ensure that the funds received from the City Monitoring Fee shall be used to monitor compliance with the State Density Bonus Law and the affordability covenants set forth in this Agreement.

4. Use; Affordability Covenants. For the entire duration this Agreement is recorded and of full force and effect, Owner shall own, operate, and maintain the Project by renting the Affordable Units in accordance with the covenants and conditions of this Section 4.

4.1 General. Owner shall devote the Property for use as a residential community with associated amenities. The Affordable Units shall be rented to and occupied or held available for occupancy only by Eligible Affordable Households at Affordable Rent. The Affordable Units shall be consistent with the requirements and conditions set forth in all City entitlements and approvals for the Project, and the Affordable Units shall be located as identified in Attachment 2 as part of the Project. Subject to City’s written approval, which shall not be unreasonably withheld, Developer may: (a) increase the number of Affordable Units or alter the Dexter Villages Rental Density Bonus Reg Agt 121625.docx 7 unit distribution as provided in this Agreement, provided that the Project has the minimum number of Affordable Units and the minimum distribution thereof as specified in the Density Bonus Agreement; and (b) elect to substitute a Substitute Affordable Unit for an Affordable Unit during the Density Bonus Agreement Term, in which event the affordability requirements hereunder with respect to the Affordable Unit shall be transferred to the Substitute Affordable Unit. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials, as provided for the unrestricted Rental Units in the Project. Owner shall not permit any of the Units (including the Affordable Units) to be utilized on a transient basis, or as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, trailer court or park, or non-residential uses (other than to maintain a Home Office).

4.2 Occupancy by Eligible Affordable Households. The lease for each Affordable Unit shall provide that it is to be used as the principal residence of that Affordable Unit’s Eligible Affordable Household and for no other purpose. The lease for an Affordable Unit may allow an Eligible Affordable Household to have a Home Office so long as the Affordable Unit is the Eligible Affordable Household’s principal residence. The lease shall further provide that an Eligible Affordable Household shall not lease or sublease its Affordable Unit or its right of occupancy.

4.3 Occupancy Limits. The number of persons permitted to occupy each Affordable Unit shall not exceed the maximum occupancy permitted pursuant to the requirements of the United States Department of Housing and Urban Development, which as of the date of this Agreement is two persons per bedroom, plus one person (e.g., for a two bedroom unit the maximum number of persons residing in the unit can be five persons). The lease for each Affordable Unit shall include a provision limiting the number of persons permitted to occupy each Affordable Unit in accordance with the preceding sentence and Owner shall enforce such occupancy restrictions.

4.4 Determination of Eligible Affordable Household Status. Immediately prior to any occupancy of an Affordable Unit, Owner shall obtain an Income Computation and Certification Form from each applicant for an Affordable Unit dated the date of initial occupancy of the Affordable Unit by such applicant. In addition, Owner shall provide such further information as may be reasonably required by City for purposes of verifying a tenant’s status as an Eligible Affordable Household. Owner shall verify that the income provided by an applicant is accurate by obtaining the following as a part of the verification process for all proposed tenants eighteen (18) years of age or older: (a) the Social Security Number (if available) of the proposed tenant(s); (b) copies of the federal and state income tax returns if filed by the proposed tenant(s) for the prior calendar year; (c) copies (if available) of the two most current wage earning statements of the proposed tenant(s); (d) a certification as to the income and family size of the applicant Household; and (e) any other information that City may reasonably require to verify the income of the proposed tenant(s). Owner shall maintain in its records each Income Computation and Certification Form obtained pursuant to this Section and Section 4.5 for a minimum period of five (5) years.

4.5 Recertification. Within sixty (60) days prior to the first anniversary date of the occupancy of an Affordable Unit by an Eligible Affordable Household, and on each Dexter Villages Rental Density Bonus Reg Agt 121625.docx 8 anniversary date thereafter, or if preferred by Owner and approved in writing by City, within sixty (60) days prior to January 1 of each year, Owner shall recertify the income of such Eligible Affordable Household by obtaining a completed Income Computation and Certification Form based upon the current income of each occupant of the Affordable Unit. In the event that recertification demonstrates that a Household’s income exceeds the maximum income permitted for Eligible Affordable Household status, Owner shall perform either of the following: (i) To the extent permitted by applicable law, the occupants’ lease shall not be renewed and said occupants shall be required to vacate the unit within one hundred eighty (180) days after the recertification; or (ii) the next available Unrestricted Unit in the Project shall be leased as an Affordable Unit at Affordable Rent to an Eligible Affordable Household so that the Project will be in compliance with the covenants and conditions of this Agreement, and the previous Affordable Unit shall be redesignated as an Unrestricted Unit and the occupants thereof may be charged the amount of rent for an Unrestricted Unit.

4.6 Leasing Affordable Units. The Affordable Units shall be available for rental on a continuous basis and Owner shall not give preference to any particular class or group in renting Affordable Units, except to the extent that the Affordable Units are required to be rented to Eligible Affordable Households. Owner shall maintain a list of persons who have applied for an Affordable Unit and, should multiple tenants be equally eligible (as to income, credit history, and other nondiscriminatory criteria) and qualified to rent an Affordable Unit, Owner shall rent available Affordable Units to Eligible Affordable Households on a first qualified (with reasonable efforts made to qualify applicants in the order that the applications are received), first offered basis, or pursuant to a lottery system. Owner shall use commercially reasonable efforts to lease Affordable Units that become available as quickly as possible. Owner shall market the Affordable Units to the residents of the City on a nonexclusive basis and to the extent permitted by applicable fair housing laws and regulations.

4.7 Rental Agreement. The form of the lease agreement that will be entered into between Owner and Eligible Affordable Households shall be reasonably approved by City prior to the rental or leasing of any of the Affordable Units. Once approved, no material changes shall be made to the form of the lease agreement relating to the total rent to be paid by an Eligible Affordable Household, the qualification of an Eligible Affordable Household, or usage of the Affordable Unit, without City’s prior written approval, which shall not be unreasonably withheld as long as the proposed changes are consistent with implementing the terms and conditions of the Density Bonus Agreement. The lease agreement shall obligate the Eligible Affordable Households to comply with the provisions set forth in this Agreement, and an Eligible Affordable Household who violates such requirements shall be in default under the rental agreement. Each lease agreement with an Eligible Affordable Household shall include a provision to the effect that the Owner has relied on the information provided by the Eligible Affordable Household on the Income Computation and Certification Form and all other supporting information supplied by the Eligible Affordable Household in determining qualification for occupancy of the applicable Affordable Unit, and that any material misstatement in such certification (whether or not intentional) shall be cause for immediate termination of such lease agreement. In addition, each lease agreement shall contain a provision that failure to cooperate with the annual recertification process may disqualify the Eligible Affordable Household as such and will be cause for immediate termination of such lease agreement. Any termination shall be subject to fair housing laws and other laws designed to protect the rights of tenants, of which Owner shall be obligated to follow and comply.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx 9

5. Termination and Release from Regulatory Agreement. The covenants set forth in this Agreement shall remain binding and in effect for the portion of the Property upon which the Rental Units are to be constructed from the date of its recording until the date the executed Termination and Release of Regulatory Agreement is recorded in the Official Records for Riverside County, California. The Termination and Release of Regulatory Agreement shall be executed and recorded pursuant to the terms and conditions set forth in Section 5 of the Density Bonus Agreement. Following recordation of the Final Tract Map, City shall terminate and reconvey this Agreement as to the portion of the Property upon which the for-sale units are to be constructed pursuant to Section 5.2 of the Density Bonus Agreement.

6. No Discrimination. Owner shall not discriminate on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Section 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, or rental, or in the use, occupancy, or enjoyment of the Property, nor shall Owner itself, or any person claiming under or through it, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property or any portion thereof. The foregoing covenants shall run with the land.

7. Maintenance of Property. For the Density Bonus Agreement Term, Owner shall maintain or cause to be maintained the Property and all improvements on the Property in a good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction. City places prime importance on quality maintenance to ensure that residential developments which include affordable units within the City are not allowed to deteriorate due to substandard maintenance. In addition, Owner shall keep the Property free from all graffiti and any accumulation of debris or waste material. Owner shall make all repairs and replacements reasonably necessary to keep the improvements in first class condition and repair, reasonable wear and tear excepted, and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable materials. In the event that Owner breaches any of the covenants contained in this Section 7, and such default continues for a period of ten (10) days after written notice from a City or such longer period of time as is reasonably necessary to correct the condition (with respect to landscaping, graffiti, debris, waste material, and general maintenance) or thirty (30) days after written notice from City or such longer period of time as is reasonably necessary to correct the condition (with respect to building improvements), then City in addition to whatever other remedy it may have at law or in equity shall have the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, City shall be permitted (but not required) to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, including a five percent (5%) administrative charge, which amount shall be promptly paid by Owner to City upon demand.

8. Management. For the Density Bonus Agreement Term, Owner shall manage or cause to be managed the Project in accordance with this Agreement and Density Bonus Agreement.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx 10 In the event of “Gross Mismanagement” (as that term is defined below), City shall have the authority to require that such Gross Mismanagement cease immediately and that management of the Property comply with this Agreement and the Density Bonus Agreement. City shall provide written notice to Owner of the event(s) of Gross Mismanagement occurring and Owner shall have thirty (30) days after receipt of such notice (or such shorter period as specified in this Agreement, or longer period as is reasonably necessary to correct the condition) to cure, correct, or remedy the event(s) of Gross Mismanagement identified in City’s notice and to notify City of the cure, correction, or remedy. For purposes of this Agreement the term “Gross Mismanagement” shall mean management of the Project in a manner which violates the terms of this Agreement and/or the Density Bonus Agreement and shall include, but is not limited to, the following:
i. Knowingly allowing an Affordable Unit to be occupied by a person or Household that does not qualify as an Eligible Affordable Household;
ii. Knowingly requiring a tenant of an Affordable Unit to pay more than Affordable Rent;
iii. Allowing the prescribed occupancy levels to be exceeded without taking immediate action to stop such overcrowding; or
iv. Failure to maintain the Property in the manner prescribed in Section 7.

9. Records. Owner shall maintain complete and accurate records pertaining to the Affordable Units for a period of no less than five (5) years (unless a longer period of time is expressly set forth herein), and shall permit any duly authorized representative of City to inspect the books and records of Owner pertaining to the Affordable Units within two (2) business days of a request to do so.

10. Right to Inspect. City shall have the right to inspect the Property and the Affordable Units for purposes of assuring compliance with this Agreement during normal business hours on not less than seventy-two (72) hours written notice.

11. Indemnification. In addition to any other indemnity provided in this Agreement or the Density Bonus Agreement, Owner shall defend (with counsel of City’s choosing), indemnify and hold harmless City and its officers, officials, members, agents, employees, representatives, and volunteers (collectively, “Indemnitees”) from and against any loss, damage, costs, expenses, liability, claim, or judgment (collectively, “claims”) relating to or in connection with the operation of the Project and Residential Units, or Owner’s performance under this Agreement, except to the extent such claims are caused by the gross negligence or willful misconduct of one or more Indemnitees. Owner’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against Indemnities and costs of suit, claim or litigation, including without limitation reasonable attorneys’ fees, penalties and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. City shall promptly notify Owner of any such claim, action or proceeding, and City shall cooperate in the defense. Owner’s obligation to indemnify City hereunder shall survive any termination of this Agreement.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx 11

12. Insurance. Upon completion of construction of the Project and in no event later than the date upon which the first Residential Unit has received all required occupancy permits from the City and for the duration of this Agreement, Owner shall procure and keep in full force and effect or cause to be procured and kept in full force and effect for the mutual benefit of Owner and City, and shall provide City evidence reasonably acceptable to City, of insurance policies meeting the minimum requirements set forth in this Section 12.

12.1 Types of Insurance Policies. The insurance policies to be maintained by Owner upon the date specified above and for the duration of the term of this Agreement are as follows:
i. Commercial General Liability insurance with respect to the Property and the operations of or on behalf of Owner, in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence combined single limit (which may be achieved with the use of umbrella/excess liability policies) including products, completed operations, contractual, bodily injury, personal injury, death and property damage liability, subject to such increases in amount as City may reasonably require from time to time; provided, that the percentage increase in coverage shall not be required to exceed the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Riverside-San Bernardino-Ontario Average, All Items (1984 = 100) (the “Index”), from and after the date of this Agreement, or, if said Index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said Index (the “CPI Adjustment”). Unless otherwise approved in advance by the City, the insurance to be provided by Owner may provide for a deductible or self-insured retention of not more than Fifty Thousand Dollars ($50,000.00), with such maximum amount to increase at the same rate as the periodic increases in the minimum amount of total insurance coverage set forth above. City and its officers, officials, members, employees, volunteers, agents, and representatives shall be named as additional insureds under such policy or policies.
ii. With respect to the improvements and any fixtures and furnishings to be owned or leased by Owner on the Property, all risk property insurance against fire, vandalism, and malicious mischief, and such other additional perils, hazards, and risks as now are or may be included in the standard “all risk” form in general use in Riverside County, California, with the standard form fire insurance coverage in an amount equal to full actual replacement cost thereof, as the same may change from time to time. City shall be a loss payee under such policy or policies and such insurance shall contain a replacement cost endorsement.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx 12

12.2 Policy Requirements. A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required herein, and containing the provisions specified herein, shall be delivered to City on or prior to the date specified in Section 12 above, and thereafter, upon renewals, not less than ten (10) days following the expiration of coverage.

City may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Owner hereunder. In no event shall the limits of any policy be considered as limiting the liability of Owner hereunder. In addition to the requirements set forth in Section 12.1, each insurance policy required to be carried by Owner pursuant to this Agreement:
i. shall be primary insurance and not contributory with any other insurance which City or its officers, officials, members, employees, volunteers, agents, or representatives may have;
ii. shall contain no special limitations on the scope of protection afforded to City or its officers, officials, members, employees, volunteers, agents, and representatives;
iii. shall be “per occurrence” rather than “claims made” insurance; iv. shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability;
v. to the extent commercially available on a reasonable basis, shall provide that the policy will not be cancelled by the insurer or Owner unless there is a minimum of thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested to City;
vi. shall be written by a California approved insurer with a Best rating of not less than A:VII;
vii. to the extent commercially available on a reasonable basis, shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to City and its officers, officials, members, employees, volunteers, agents, and representatives; and
viii. shall contain a waiver by the insurer of any right to subrogation against City, and its officers, officials, members, employees, volunteers, agents, and representatives which arises or might arise by reason of any payment under such policy or policies or by reason of any act or omission of City or its officers, officials, members, employees, agents, or representatives.

13. Repair of Damage. If any improvements on the Property shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty, Owner shall Dexter Villages Rental Density Bonus Reg Agt 121625.docx 13 promptly proceed to obtain insurance proceeds and, provided the insurance proceeds are sufficient to restore the Property and the insurance proceeds are made available therefor by the secured lenders, take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the improvements to substantially the same condition as the improvements are required to be maintained pursuant to the Density Bonus Agreement and this Agreement, and Owner shall complete the same as soon as possible thereafter so that the Project can continue to be operated and occupied in accordance with the Density Bonus Agreement and this Agreement. In no event shall the repair, replacement, or restoration period exceed two years from the date of the destruction subject to events of force majeure unless City, in its reasonable discretion, approves a longer period of time; provided however, that to the extent there are delays caused by the City or any other governmental agency in processing permits, inspections or any other City police power responsibilities, or there are delays by the insurance company in processing and providing payment for a claim, each day of delay shall extend the time period by one day in which Owner shall carry out its obligations pursuant to this section. Nothing in this Section 13 is or shall be deemed to be a waiver or delegation away of any of City’s police power and ability to enforce the law, policies, and regulations enacted pursuant thereto, including but not limited to the City’s power and procedures to issue permits, conduct inspections, or any other police power responsibility that applies to the Property and Project.

14. Defaults and Remedies.

14.1 Defaults. Failure or delay by any Party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein) constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.

14.2 Rights and Remedies are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

15. Miscellaneous.

15.1 Entire Agreement. This Agreement and the Density Bonus Agreement and all of the exhibits and attachments thereto set forth and contain the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein or therein. No testimony or evidence of any such representations, understandings or Dexter Villages Rental Density Bonus Reg Agt 121625.docx 14 covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

15.2 Attorneys’ Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, expert witness fees, costs of investigation, and costs of suit from the losing Party.

15.3 Assignment and Transfer by Owner.

15.3.1 Prohibited Transfers or Assignments. The qualifications and identity of Owner are of particular concern to City. It is because of those qualifications and identity that City has entered into this Agreement. Except for the lease of a Rental Unit or the sale to a homeowner of a condominium or single-family Residential Unit, Developer may sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer’s rights and obligations in this Agreement, solely in accordance with Section 7.1 of the Density Bonus Agreement. Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, Project, and/or this Agreement, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City and executed by Developer and its transferee/assignee pursuant to which Developer’s transferee/assignee assumes all of Developer’s covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred, and (iii) otherwise comply with the terms and conditions of Section

7.1 of the Density Bonus Agreement.

15.3.2 Release of Assigning Owner. Upon any sale, transfer, or assignment that complies with the provisions of Section 15.3.1 above, City shall deliver to the transferring/assigning Owner upon request a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring/assigning Owner of the following conditions:
i. Owner no longer has a legal or equitable interest in all or any part of the Property or Project assigned;
ii. Owner is not then in default under this Agreement; and iii. Owner has provided City with written evidence of the assignment and assumption of the rights, duties and obligations arising under or from this Agreement.

15.3.3 Subsequent Assignment. As used in this Agreement, the term “Owner” shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement.

15.3.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx 15

15.4 Interpretation; Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

15.5 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.

15.6 Third Party Beneficiaries. No person or entity, other than City and Owner, shall have any right of action based upon any provision of this Agreement.

15.7 Notices.

15.7.1 Delivery. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Fed Ex), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any e-mail or facsimile, provided confirmation of successful transmittal is retained by the sending Party. All notices shall be addressed as follows:

If to CITY: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Manager
Copy to: Barbara Leibold
City Attorney
Leibold McClendon & Mann
9841 Irvine Center Drive, Suite 230
Irvine, CA 92618
Dexter Villages Rental Density Bonus Reg Agt 121625.docx 16 If to OWNER: 3rd & Dexter, LLC
30767 Gateway Place
Unit 144
Rancho Mission Viejo, CA 92694

15.7.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

15.8 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

15.9 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.

15.10 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

15.12 Joint and Several Obligations. If at any time during the term of this Agreement, the Property and/or Project is owned, in whole or in part, by more than one Owner, all obligations of such Owner under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners.

15.13 Computation of Days. Unless otherwise specified in this Agreement or any attachment hereto, use of the term “days” shall mean calendar days. For purposes of this Agreement and all attachments hereto, “business days” shall mean every day of the week except Saturdays, Sundays, and official State holidays as recognized in Government Code Section 19853(a) or successor statute.

15.14 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

15.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

15.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Property and Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development and use of the Property: (a) is for the Dexter Villages Rental Density Bonus Reg Agt 121625.docx 17 benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.

15.17 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

15.18 Further Actions and Instruments; City Manager Authority. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

City hereby authorizes City Manager, on behalf of the City, to interpret and implement the terms and conditions of this Agreement, to take such other actions as necessary and appropriate to effectuate the terms and conditions of this Agreement, and to negotiate and execute any additional documents, amendments, or agreements as may be necessary or proper to fulfill the City’s obligations under this Agreement. The City Manager may delegate their powers and duties under this Agreement to an authorized management level employee of the City.

15.19 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Owner and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City which real property shall be deemed the benefited property of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City and running with the Property in accordance with the provisions of Civil Code Section 1468. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Owner hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Dexter Villages Rental Density Bonus Reg Agt 121625.docx 18 Owner’s interest in the Property is rendered less valuable thereby. Owner hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.

15.20 Restriction on Subordination. City’s approval of the necessary land use entitlements that authorize Owner to develop, operate, and maintain the Project was based upon Owner’s obligation to provide the Affordable Units pursuant to the State Density Bonus Law and the terms and conditions of the Density Bonus Agreement and this Agreement. For the Density Bonus Agreement Term, this Agreement and the Density Bonus Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof, subject to the subordination provisions of Section 8.20 of the Density Bonus Agreement including but not limited to City’s obligation to reasonably subordinate the Density Bonus Agreement and this Agreement to a reputable lender’s financing instruments. Notwithstanding the foregoing, the exercise of any remedies shall not defeat the lien of any deed of trust or regulatory agreement of any lender. Owner expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.

15.21 Authority to Execute. The person or persons executing this Agreement on behalf of each Party represents and warrants that he/she/they have the authority to execute this Agreement on behalf of his/her/their organization, corporation, partnership or other business entity, and represents and warrants that he/she/they has/have the authority to bind the Party to the performance of its obligations hereunder.

15.22 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, fires, pandemic, public health emergency, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party’s control, court actions (such as restraining orders or injunctions), or other causes beyond the Party’s control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City’s failure to perform its obligations under this Agreement), or an insurance company of either party.

If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.

15.23 Counterparts. This Agreement may be executed in two or more separate counterparts, each of which, when so executed, shall be deemed to be an original. Such counterparts shall, together, constitute and shall be one and the same instrument. The Parties hereunder authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement.
[signatures on next page]
Dexter Villages Rental Density Bonus Reg Agt 121625.docx IN WITNESS WHEREOF, City and Owner have caused this instrument to be executed on their behalf by their respective officers or agents herein duly authorized as of the date set forth above.
“CITY”
CITY OF LAKE ELSINORE, a California
municipal corporation
By:

Jason Simpson
Its: City Manager
APPROVED AS TO FORM:

By:

David H. Mann, Acting City Attorney
[SIGNATURE PAGE 1 OF 2 TO REGULATORY AGREEMENT]
Dexter Villages Rental Density Bonus Reg Agt 121625.docx “OWNER”
3RD & DEXTER, LLC,
a Delaware limited liability company
By: ,
Name:

Title:
[SIGNATURE PAGE 2 OF 2 TO REGULATORY AGREEMENT]
Dexter Villages Rental Density Bonus Reg Agt 121625.docx

STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

ATTACHMENT NO. 1
Dexter Villages Rental Density Bonus Reg Agt 121625.docx ATTACHMENT 1
To Regulatory Agreement

LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the County of Riverside, City of Lake Elsinore, State of California, and is described as follows:
[to be inserted]
ATTACHMENT NO. 2
Dexter Villages Rental Density Bonus Reg Agt 121625.docx ATTACHMENT 2
To Regulatory Agreement

MAP SHOWING PROPERTY AND LOCATION OF AFFORDABLE UNITS
ATTACHMENT NO. 3
Dexter Villages Rental Density Bonus Reg Agt 121625.docx ATTACHMENT 3
To Regulatory Agreement

INCOME CERTIFICATION FORM
[Attached]
ATTACHMENT NO. 3 1.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx

TENANT INCOME CERTIFICATION
 Initial Certification  Recertification  Other _________ Effective Date: ____________________
Move-in Date: ____________________ (MM/DD/YYYY)

PART I - DEVELOPMENT DATA
Property Name: County: BIN #:

Address: Unit Number: # Bedrooms:

PART II. HOUSEHOLD COMPOSITION
HH
Mbr # Last Name
First Name & Middle
Initial
Relationship to Head
of Household
Date of Birth
(MM/DD/YYYY)
F/T Student
(Y or N)
Social Security
or Alien Reg. No.
1 HEAD
2 3
4 5
6 7
PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS)
HH
Mbr #
(A)
Employment or Wages
(B)
Soc. Security/Pensions
(C)
Public Assistance
(D)
Other Income
TOTALS $ $ $ $
Add totals from (A) through (D), above TOTAL INCOME (E): $ PART IV. INCOME FROM ASSETS
Hshld
Mbr #
(F)
Type of Asset
(G)
C/I
(H)
Cash Value of Asset
(I)
Annual Income from Asset
TOTALS: $ $
Enter Column (H) Total Passbook Rate
If over $5000 $_____________ X 2.00% = (J) Imputed Income $ Enter the greater of the total of column I, or J: imputed income TOTAL INCOME FROM ASSETS (K) $ (L) Total Annual Household Income from all Sources [Add (E) + (K)] $

HOUSEHOLD CERTIFICATION & SIGNATURES
The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the household moving out of the unit or any new member moving in.

I/we agree to notify the landlord immediately upon any member becoming a full time student.

Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the best of my/our knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete information may result in the termination of the lease agreement.

Signature (Date) Signature (Date)
ATTACHMENT NO. 3 2.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx PART V. DETERMINATION OF INCOME ELIGIBILITY
RECERTIFICATION ONLY:

TOTAL ANNUAL HOUSEHOLD INCOME
FROM ALL SOURCES:

From item (L) on page 1 $
Household Meets
Income Restriction
at:

Current Income Limit x 140%:
$
Current Income Limit per Family Size: $
 60%  50%
 40%  30%
_____%
Household Income exceeds 140% at
recertification:
 Yes No
Household Income at Move-in: $ Household Size at Move-in:

PART VI. RENT
Tenant Paid Rent
$
Rent Assistance: $____________
Utility Allowance $ Other non-optional charges: $____________ GROSS RENT FOR UNIT:
(Tenant paid rent plus Utility Allowance &
other non-optional charges) $
Unit Meets Rent Restriction at:
 60% 50%  40%  30% _____%
Maximum Rent Limit for this unit: $
PART VII. STUDENT STATUS
*Student Explanation:

ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes, Enter student explanation* 1 TANF assistance (also attach documentation) 2 Job Training Program
 yes  no 3 Single parent/dependent child
4 Married/joint return
Enter
1-4
PART VIII. PROGRAM TYPE
Mark the program(s) listed below (a. through e.) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification. a. Tax Credit 
See Part V above.
b. HOME 
Income Status
 ≤ 50% AMGI
 ≤ 60% AMGI
 ≤ 80% AMGI
 OI**
c. Tax Exempt 
Income Status
 50% AMGI
 60% AMGI
 80% AMGI
 OI**
d. AHDP 
Income Status
 50% AMGI
 80% AMGI
 OI**
e.  (Name of Program)
Income Status
 __________
 __________
 OI**
** Upon recertification, household was determined over-income (OI) according to eligibility requirements of the program(s) marked above.

SIGNATURE OF OWNER/REPRESENTATIVE
Based on the representations herein and upon the proofs and documentation required to be submitted, the individual(s) named in Part II of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Land Use Restriction Agreement (if applicable), to live in a unit in this Project.

SIGNATURE OF OWNER/REPRESENTATIVE DATE
ATTACHMENT NO. 3 3.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx

INSTRUCTIONS FOR COMPLETING

TENANT INCOME CERTIFICATION
This form is to be completed by the owner or an authorized representative.

Part I - Development Data
Check the appropriate box for Initial Certification (move-in), Recertification (annual recertification), or Other. If Other, designate the purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state-required recertification).

Move-in Date Enter the date the tenant has or will take occupancy of the unit.

Effective Date Enter the effective date of the certification. For move-in, this should be the move-in date. For annual recertification, this effective date should be no later than one year from the effective date of the previous (re)certification.

Property Name Enter the name of the development.

County Enter the county (or equivalent) in which the building is located.

BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS Form 8609).

Address Enter the address of the building.

Unit Number Enter the unit number.
# Bedrooms Enter the number of bedrooms in the unit.

Part II - Household Composition
List all occupants of the unit. State each household member’s relationship to the head of household by using one of the following coded definitions:

H - Head of Household S - Spouse
A - Adult co-tenant O - Other family member
C - Child F - Foster child(ren)/adult(s)
L - Live-in caretaker N - None of the above
Enter the date of birth, student status, and social security number or alien registration number for each occupant.

If there are more than 7 occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification.

Part III - Annual Income
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of verification.

From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the twelve months from the effective date of the (re)certification. Complete a separate line for each income-earning member. List the respective household member number from Part II.

Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment; distributed profits and/or net income from a business.

ATTACHMENT NO. 3 4.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc.

Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability, etc.).

Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly received by the household.

Row (E) Add the totals from columns (A) through (D), above. Enter this amount.

Part IV - Income from Assets
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms of verification.

From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received during the twelve months from the effective date of the certification. List the respective household member number from Part II and complete a separate line for each member.

Column (F) List the type of asset (i.e., checking account, savings account, etc.) Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family has disposed of the asset for less than fair market value within two years of the effective date of (re)certification).

Column (H) Enter the cash value of the respective asset.

Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual interest rate).

TOTALS Add the total of Column (H) and Column (I), respectively.

If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter the Total Cash Value, multiply by 2% and enter the amount in (J), Imputed Income.

Row (K)
Row (L)
Enter the greater of the total in Column (I) or (J)
Total Annual Household Income From all Sources Add (E) and (K) and enter the total

HOUSEHOLD CERTIFICATION AND SIGNATURES
After all verifications of income and/or assets have been received and calculated, each household member age 18 or older must sign and date the Tenant Income Certification. For move-in, it is recommended that the Tenant Income Certification be signed no earlier than 5 days prior to the effective date of the certification.

Part V – Determination of Income Eligibility
Total Annual Household Income
from all Sources
Enter the number from item (L).

Current Income Limit per Family
Size
Enter the Current Move-in Income Limit for the household size.

ATTACHMENT NO. 3 5.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx Household income at move-in
Household size at move-in
For recertifications, only. Enter the household income from the move-in certification.

On the adjacent line, enter the number of household members from the move-in certification.

Household Meets Income Restriction Check the appropriate box for the income restriction that the household meets according to what is required by the set-aside(s) for the project.

Current Income Limit x 140% For recertifications only. Multiply the Current Maximum Move-in Income Limit by 140% and enter the total. Below, indicate whether the household income exceeds that total. If the Gross Annual Income at recertification is greater than 140% of the current income limit, then the available unit rule must be followed.

Part VI - Rent
Tenant Paid Rent Enter the amount the tenant pays toward rent (not including rent assistance payments such as Section 8).

Rent Assistance Enter the amount of rent assistance, if any.

Utility Allowance Enter the utility allowance. If the owner pays all utilities, enter zero.

Other non-optional charges Enter the amount of non-optional charges, such as mandatory garage rent, storage lockers, charges for services provided by the development, etc.

Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional charges.

Maximum Rent Limit for this unit Enter the maximum allowable gross rent for the unit.

Unit Meets Rent Restriction at Check the appropriate rent restriction that the unit meets according to what is required by the set-aside(s) for the project.

Part VII - Student Status
If all household members are full time* students, check “yes”. If at least one household member is not a full time student, check “no”.

If “yes” is checked, the appropriate exemption must be listed in the box to the right. If none of the exemptions apply, the household is ineligible to rent the unit.
*Full time is determined by the school the student attends.

Part VIII – Program Type
Mark the program(s) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification. If the property does not participate in the HOME, Tax-Exempt Bond, Affordable Housing Disposition, or other housing program, leave those sections blank.

Tax Credit See Part V above.

HOME If the property participates in the HOME program and the unit this household will occupy will count towards the HOME program set-asides, mark the appropriate box indicting the household’s designation.

Tax Exempt If the property participates in the Tax Exempt Bond program, mark the appropriate box indicating the household’s designation.

AHDP If the property participates in the Affordable Housing Disposition Program (AHDP), and this household’s unit will count towards the set-aside requirements, mark the appropriate box indicting the household’s designation.

ATTACHMENT NO. 3 6.

Dexter Villages Rental Density Bonus Reg Agt 121625.docx Other If the property participates in any other affordable housing program, complete the information as appropriate.

SIGNATURE OF OWNER/REPRESENTATIVE
It is the responsibility of the owner or the owner’s representative to sign and date this document immediately following execution by the resident(s).

The responsibility of documenting and determining eligibility (including completing and signing the Tenant Income Certification form) and ensuring such documentation is kept in the tenant file is extremely important and should be conducted by someone well trained in tax credit compliance.

These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance with federal program regulations lies with the owner of the building(s) for which the credit is allowable.

CONDITIONS OF APPROVAL
PROJECT: PA 2024-15/TTM 2024-05 (TTM
38512)/RDR 2024-07
PROJECT NAME: Dexter Village
PROJECT LOCATION: APNs: 377-090-013, 377-090-037, 377-090- 039, 377-090-040
APPROVAL DATE:

EFFECTIVE DATE:

EXPIRATION DATE:

GENERAL

1. Planning Application No. 2024-15 consists of requests for Tentative Tract Map No. 38512 to subdivide an approximately 23.05-acre site into one (1) approximately 6.65-acre lot for an apartment community, 137 single-family residential lots, and two (2) lots for condominium purposes. The proposal also includes Residential Design Review No. 2024-07 to construct 137 detached single-family residences, twelve condominium buildings that will accommodate 84 townhome units, eight apartment buildings that will accommodate 230 apartment units and associated improvements within the Commercial Mixed Use Land Use Designation. A Conditional Use Permit is included for the proposed condominium units as required by the Commercial Mixed-Use designation. The proposed detached single-family residences feature two-story homes and seven floor plans with three architectural styles (Americana, French Country and Santa Barbara). The proposed condominium buildings feature two-story townhome buildings with three floor plans ranging in size from 1,230 square feet to 1,508 square feet and two architectural styles (Americana and Santa Barbara). The proposed three-story tuck under apartment buildings feature six floor plans ranging in size from 712 square. feet. to 1,412 square feet and one architectural style (Santa Barbara). The single-family and townhome portion of the development will include a 1,270 square foot Homeowner’s Association facility with gathering room, a club lawn with BBQs and seating, a pool, spa and community restrooms while the apartment site will include a two-story, 5,577 square foot clubhouse with leasing office and gym, pool and cabanas, gathering space, BBQ area and a playground. The project site is bound by Third Street on the northwest, Dexter Avenue on the southwest, Second Street on the southeast and Cambren Avenue on the northeast (APNs: 377-090-013, 377-090-037, 377-090-039, 377- 090-040.

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 (lndemnitees) from any claim, action, or proceeding against the lndemnitees 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 TTM 2024-05 and RDR 2024-07, 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 TTM 2024-05 and RDR 2024- 07 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 lndemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by lndemnitees in connection with such proceeding. The Conditions of Approval - DRAFT PC: January 20, 2026
PA 2024-15/TTM38512/RDR 2024-07/CUP 2024-08 CC: February 24, 2026 Applicant’s Initials: ______ Page 2 of 21
City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition.

3. Within 30 days of project approval, the applicant shall (i) sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records, and (ii) deliver to the Community Development Director executed originals (notarized) of the Density Bonus Housing Agreement and Declaration of Covenants and Restrictions below in such form as approved by the City Attorney for recordation in the Official Record of Riverside County against the project site consistent with the density bonus awarded pursuant to Lake Elsinore Municipal Code Chapter 17.58.

PLANNING DIVISION

4. Tentative Tract Map No. 38512 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).

5. Tentative Tract Map No. 38512 shall comply with the State of California Subdivision Map Act, and applicable requirements contained in the LEMC, unless modified by these Conditions of Approval.

6. Residential Design Review No. 2024-07 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 17.415.050.1.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.1.2 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.

7. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.

8. 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.

9. 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 in their reasonable discretion in accordance with CEQA and other applicable State laws, additional environmental analysis will be required.

10. 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 Conditions of Approval - DRAFT PC: January 20, 2026
PA 2024-15/TTM38512/RDR 2024-07/CUP 2024-08 CC: February 24, 2026 Applicant’s Initials: ______ Page 3 of 21
approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application.

11. For multiple-family development, laundry facilities shall be provided as required by the Lake Elsinore Municipal Code.

12. For multiple-family development, provide outdoor lockable bicycle storage equipment as required by the California Green Building Code unless such compliance is otherwise excused.

13. Reserved.

14. The project shall contain 22 very low-income affordable units in the apartment community consisting of the following:
a. Building 1 – 6 very low-income affordable units
i. 5 – 1-bedroom/one-bathroom units
ii. 1 – 2-bedroom/two-bathroom unit
b. Building 2 – 4 very low-income affordable units
i. 3 – 1-bedroom/1-bathroom unit
ii. 1 – 2-bedroom/2-bathroom unit
c. Building 7 – 6 very low-income affordable units
i. 3 – 1-bedroom/1-bathroom unit
ii. 2 – 2-bedroom/2-bathroom units
iii. 1 – 3-bedroom/2-bathroom unit
d. Building 8 – 6 very low-income affordable units
i. 3 – 1-bedroom/1-bathroom units
ii. 2 – 2-bedroom/2-bathroom units
iii. 1 – 3-bedroom/2-bathroom unit

15. Phasing of project construction shall be consistent with the phasing plan. Approved phases are as follows:
a. Development Phase 1 – Includes 137 single-family detached residences, 84 townhome units, three basins, associated wall and fences, interior roadways including primary gated entry and project’s frontage along Dexter Avenue and 2nd Avenue (unless otherwise determined by the Engineering Department), clubhouse building, lawn, pool, BBQs and community restrooms.
b. Development Phase 2 – Includes 230 apartment units spread across eight multifamily buildings, one basin, associated walls and fences, interior roadways, including primary and Fire Department/Resident Only entries and project’s frontage along Dexter Avenue and 3rd Avenue (unless otherwise determined by the Engineering Department), clubhouse building, pool, gathering space, BBQs and playground.

16. 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 unless otherwise specifically superseded by subsequent State law, 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 Conditions of Approval - DRAFT PC: January 20, 2026
PA 2024-15/TTM38512/RDR 2024-07/CUP 2024-08 CC: February 24, 2026 Applicant’s Initials: ______ Page 4 of 21
prosecute litigation to compel their compliance with said conditions or seek damages for their violation.

Prior to Recordation of Final Map(s)

17. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.

18. Street names within the subdivision shall be reviewed and approved by the Community Development Director or designee.

19. All of the project improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore.

20. 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 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 Homeowner's Association (HOA), the City of Lake Elsinore and Riverside County Flood Control and Water Conservation District.
b. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs for the project. Such restriction shall include requiring homeowners to park their vehicles in their garage and/or driveway (where applicable) and requiring an on-street parking permit for additional vehicles.

Prior to Issuance of Grading Permits/Building Permits

21. 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.

22. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan.

23. The following signage is included as a part of this approval:
a. 6’10” x 20’ monument sign with brick veneer to be located at the primary entry into the apartment community.
b. 6’10” x 12’ monument sign with brick veneer to be located at the gated vehicular entry into the single-family detached and townhome community off Dexter Avenue. a.

Conditions of Approval - DRAFT PC: January 20, 2026
PA 2024-15/TTM38512/RDR 2024-07/CUP 2024-08 CC: February 24, 2026 Applicant’s Initials: ______ Page 5 of 21

24. 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.

25. If a Model Home Complex will be proposed, prior to building permit issuance, a Model Home Complex application shall be submitted, reviewed and approved by the Planning Department. In addition, the following will also be required for the Model Home Complex:
a. 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.
b. 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.
c. 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.
d. All Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping unless otherwise determined by fuel modification and/or Fire Protection Plan requirements per the Fire Department. Xeriscape is a method of landscape design that minimizes water use by:
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" / climateappropriate) plants; ii. Requires an efficient irrigation system that includes:
 ET-Based ("Smart irrigation") controller(s) with weather-sensing, automatic shut-off and seasonal adjustment capabilities;
 Efficient irrigation water application through use of:
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
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. iii. Improvement of soil structure for better water retention; and iv. Application of mulch to hinder evaporation.

26. Prior to building permit issuance, the building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of handicapped-accessible bathroom.

Conditions of Approval - DRAFT PC: January 20, 2026
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27. Construction phasing shall be implemented in accordance with the approved Phasing Plan and shall avoid construction traffic from entering occupied neighborhoods within the tract.

Per the approved phasing plan, the project will be developed in two phases.

28. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit.

29. All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed.

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. All mechanical, electrical, and other related utility equipment associated with the residences shall be adequately screened from abutting roadways and residential properties. If located on the rooftop, said equipment shall be screened by parapet walls, roof structures, or other acceptable screening methods. If ground or wall mounted, all 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.

32. 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.

33. 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.
a. 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.
b. Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. c. 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.
d. 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 unless otherwise determined by fuel modification and/or Fire Protection Plan requirements per the Fire Department.
e. No front-yard shall be landscaped with grass turf unless otherwise determined by fuel modification and/or Fire Protection Plan requirements per the Fire Department. f. 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. g. 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. h. The Final landscape plan shall be consistent with any approved site and/or plot plan. i. The Final landscape plan shall include planting and irrigation details.

Conditions of Approval - DRAFT PC: January 20, 2026
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j. 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.
k. 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

34. 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.

35. 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. 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. 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 common area. e. Path of travel from public right-of-way to all public areas on site, such as clubhouse, trash enclosure tot lots and picnic areas.

37. 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 Jonathan Oronia at [email protected] or 951-674-3124 X 319

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

39. Obtain Approvals Prior to Construction. As to each phase, applicant must obtain all building plans and permit approvals prior to commencement of any construction work.

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

Conditions of Approval - DRAFT PC: January 20, 2026
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41. 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.

42. 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

43. Must submit Grading Plans to Engineering prior to Building. Building will not accept plans if they have not been submitted to Engineering first.

44. Submitting Plans and Calculations. Applicant must submit to Building and Safety online portal for electronic plan check and permitting:
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 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
Conditions of Approval - DRAFT PC: January 20, 2026
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49. All new submittals for plan check or permit shall be made using the City’s online Citizen Service Portal (CSSP).

50. All engineering plans shall be prepared by a registered Civil Engineer using the City’s standard title block.

51. All required engineering reports shall be prepared by a registered Civil Engineer and Soils Engineer, as applicable.

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. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer.

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

57. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) shall be implemented.

58. Applicant shall install permanent benchmarks to Riverside County Standards and at locations to be determined by the City Engineer.

59. 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.

60. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at the time the Senate Bill 330 Pre-application was filed per Government Code 65589.5(o). Mitigation and Development Impact Fees include without limitation:
a. Master Drainage Plan Fee - Due prior to Final Map approval or grading permit issuance, whichever is first.
b. Traffic Infrastructure Fee (TIF) - Due prior to building permit issuance. c. Transportation Uniform Mitigation Fee (TUMF) - Due prior to occupancy. d. Stephen's Kangaroo Rat Fee (K-Rat) - Due prior to grading permit issuance.

Conditions of Approval - DRAFT PC: January 20, 2026
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61. Project applicant shall pay the City of Lake Elsinore a share in the cost for ultimate improvements on Camino Del Norte, in form of a lump sum payment of $3,515,000 prior to issuance of a grading permit. In addition and in the event that the payment is not made in the 24 month period following approval of the project, the payment shall be adjusted for inflation based on the consumer price index as published by the Bureau of Labor Statistics for the Riverside Area for the previous 24 month period and, further, adjusted for each month going forward until paid.

LAND DIVISION / FINAL TRACT MAP

62. Applicant shall dedicate right-of-way for Second Street adjacent to the property for a total full-width of 90 feet. Second Street is classified as a Secondary Arterial, where full-width is 90 feet and curb-to-curb width is 70 feet.

63. Applicant shall dedicate right-of-way for Third Street adjacent to the property for a total fullwidth of 68 feet. Third Street is classified as a Collector, where full-width is 68 feet and curbto-curb width is 48 feet.

64. Applicant shall vacate one (1) foot right-of-way on Dexter Avenue adjacent to the project property. Per the Traffic Impact Analysis Study by LSA, dated August 2025, the ultimate traffic build out condition required a Divide Collector roadway classification where full-width is 78 feet and curb-to-curb width is 56 feet.

65. Applicant shall dedicate additional right-of-way as necessary to accommodate corner cutback at all frontage intersections as well as ADA path of travel around existing utility poles along Third Street.

66. Applicant shall submit for plan check review and approval Final Tract Maps for each respective phase.

67. Street names within the subdivision shall be established and approved by the Community Development Director or Designee prior to Final Tract Map approval.

68. Applicant shall make an offer of dedication for all public easements required by these conditions and/or shown on the Tentative Tract Map.

69. Prior to scheduling City Council approval of each Final Tract Map, the applicant shall, in accordance with Government Code, have constructed all improvements in accordance with the scope of work for each Phase or have improvement plans submitted and approved, agreements executed, and securities posted. Securities posted include but are not limited to the street improvements conditioned herein.

70. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act.

71. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of final map.

72. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be with final Tract Map.

Conditions of Approval - DRAFT PC: January 20, 2026
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73. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the Community Facilities District (CFD) annexation, formation, or other mitigation process as approved by Administrative Services. Proof of application submittal shall be provided to the City Engineering Department.

74. The Final Tract Map shall include the phasing boundaries consistent with the parcels of the Tentative Tract Map. The phasing boundaries or parcels shall be processed as separate tract maps.

75. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements shown on the Final Map. A note shall be added to the Final Map stating:
“Drainage easements shall be kept free of all buildings and obstructions.”

STORM WATER MANAGEMENT/ POLLUTION PREVENTION/ NPDES
Design

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

77. A Final Water Quality Management Plan (WQMP) will be required and shall be prepared in accordance with the latest Santa Ana Region 8 approved template and guidance document.

Final WQMP shall be submitted for review and approval to the City.

78. Final WQMP shall be approved prior to scheduling City Council for Final Map approval, grading plan approval, or issuance of any permit for construction, whichever is first.

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

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

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

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

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

84. The project site shall implement full trash capture methods/devices approved by the Regional Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges.

Conditions of Approval - DRAFT PC: January 20, 2026
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Construction

85. 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.

86. 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.

87. 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

88. 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:
a. Demonstrate that the project has compiled with all non-structural BMPs described in the project's WQMP.
b. 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.
c. 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.
d. 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 long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used.
e. Provide documentation of annexation into a CFD for funding facilities to be maintained by the City.
f. Demonstrate that copies of the project’s approved Final WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. g. 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 Conditions of Approval - DRAFT PC: January 20, 2026
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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.

UTILITIES

89. 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).

90. Underground water rights shall be dedicated to the City pursuant to the provisions of LEMC Section 16.52.030, and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. Dedication shall be made on Final Map.

91. Applicant shall apply for, obtain and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance of grading permit.

92. Submit a “Will Serve” letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure, volume, etc. Will Serve letters shall be provided prior to issuance of grading permit.

IMPROVEMENTS

93. Project will be responsible for the following improvements:
a. Construction of ultimate half-width street improvements of Dexter Avenue, Third Street, and Second Street along property frontage per their respective classification as identified in the Land Division section herein. Improvements shall include widened section of new AC pavement and base material, curb and gutter, sidewalks, parkway landscaping, medians, curb ramps, signal relocation as applicable, utility relocations as applicable, signage relocations as applicable, and streetlight construction. b. Construction of new Traffic signal at the intersection of Second Street and Camino Del Norte. Ultimate intersection roadway improvements are required. Utility and signage relocations as required to accommodate improvements. If right-of-way constraints occur, ultimate improvements shall be determined during final design. c. Modification of existing and installation of new signing and striping for required improvements. The project shall be responsible for any additional paving and/or striping removal caused by the striping plan.

94. Sight distance into and out and throughout the project location shall comply with City Standard 125/126 or Caltrans standards. Project shall ensure facilities are installed outside the line of sight of drivers.

95. If existing improvements are to be modified, existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit.

96. Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but are 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 plan set.

Conditions of Approval - DRAFT PC: January 20, 2026
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97. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided.

98. All drainage facilities in this project shall be constructed to City of Lake Elsinore and/or Riverside County Flood Control and Water Conservation District Standards. See also, COA 104.

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

The drainage system shall be designed to ensure that runoff from a 10-year storm of 6 hours and 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration shall be analyzed to determine the detention requirements to accomplish the desired results. 100. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 101. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area to the maximum extent possible. 102. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3).
103. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter.
104. A registered Civil Engineer shall prepare the street improvement, signing and striping, and traffic signal plans required for this project. Improvements shall be designed and constructed to City Standards and Codes (LEMC 12.04 and 16.34). Signing, Striping and Traffic signal plans shall be submitted separately from improvement plans. 105. Riverside County Flood Control and Water Conservation District (the “District”) Improvements:
a. The project design currently includes the construction of an inlet structure and about 1,200 Linear Feet (LF) of 78" Reinforced Concrete Pipe (RCP) storm drain that would connect to the existing District's 78" RCP stub out within Third Street (Third Street Channel Stage 2, Drawing (DWG) No. 3-0210) consistent with the "Third Street Drainage Improvements - Technical Drainage Study" dated February 13, 2018, and prepared by Michael Baker International for the City of Lake Elsinore which proposes the 78" RCP Dexter A venue Lateral to convey the 100-year flowrate of 382 cfs. b. Applicant shall obtain confirmation, in a form reasonably suitable to the City, that the District will accept the aforementioned drainage facility(ies) for ownership, operations and maintenance. In connection the District’s willingness to accept and maintain the proposed drainage facility(ies), Applicant acknowledges that, notwithstanding any Conditions of Approval - DRAFT PC: January 20, 2026
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provision contained herein to the contrary, that the following six (6) items must be accomplished prior to the issuance of a grading permit or starting construction of the aforementioned drainage facilities, whichever comes first:
1) Plans shall be prepared in strict accordance with District drafting, engineering, operations, and maintenance standards.
2) The Applicant shall submit to the District the preliminary title reports, plats, and legal descriptions for all right-of-way that is to be conveyed to the District and shall secure that right-of-way to the satisfaction of the District. All right-of-way transfer issues shall be coordinated with the District's Plan Check Section. 3) The Applicant shall enter into an agreement establishing the terms and conditions of inspection, operations, and maintenance with the District and any other maintenance partners. The Applicant shall submit a completed Application for Agreement Preparation to the District's Contract Services Section. 4) Environmental Documents and Regulatory Permits: Applicants must provide any and all environmental documents required for construction and operations and maintenance of the flood control facility(ies) to the District for review. The District will need to ensure that any environmental conditions that have been placed on the Applicant’s project does not adversely affect operations and maintenance of existing District facilities, or prohibit routine operations and maintenance of future District-owned facilities. Routine maintenance activities for flood control facility(ies) to be conveyed to the District should be discussed with the District as early as possible to ensure they do not impose conditions that would encumber proper facility operation and maintenance. Please note that if routine maintenance activities required by the District for the flood control facility(ies) are not described in the regulatory permits that are issued for the project, the District may require that appropriate permits be provided prior to final acceptance and release of bonds. The District will not accept a facility without appropriate regulatory permits in place or if infeasible permit conditions are imposed on operations and maintenance activities.
5) Plans for the facility must be signed by the District's General Manager-Chief Engineer; the plans will not be signed prior to execution of the above referenced agreement.
6) A pre-construction meeting shall be scheduled with the District's Construction Management Section. Prior to scheduling the pre-construction meeting, the Applicant must submit proof of flood control facility bonds and a certificate of insurance to the District's Contract Services Section.
7) In addition, Applicant acknowledges receipt of and agrees to comply with the District’s November 10, 2025 letter to the City Engineer, all of which shall constitute applicable conditions of approval to the project. c. Submittal of Plans to the Flood Control District: Applicant shall submit storm drain plans, the hydrologic and hydraulic report, and reference material including but not limited to, street improvement plans, grading plans, utility plans, the approved tentative map or site plan, the final map and the environmental constraint sheet, the geotechnical soils report and environmental documents (CEQA, federal and state permits). The storm drain plans and the hydrologic and hydraulic report must receive District approval prior to the grading final inspection or building permit whichever occurs first. All submittals shall be date stamped by the Engineer and include a Plan Check Application, Flood Control Deposit Conditions of Approval - DRAFT PC: January 20, 2026
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Based Fee Worksheet, found on the District's website (https://rcflood.org/submit-plancheck), and a plan check fee deposit.

Permitting/Construction
106. An Encroachment Permit shall be obtained prior to any work on City right-of-way. Applicant shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance.
107. 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
108. A grading plan signed and stamped by a 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.
109. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern.
110. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 111. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer.
112. A geotechnical investigation shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. The location of faults, active or inactive shall be shown on the plan sets. A certified geotechnical engineer and/or licensed geologist shall verify compliance with geotechnical recommendations and confirm that geotechnical conditions are consistent with findings in the geotechnical investigation. 113. Applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. 114. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.
115. 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 Conditions of Approval - DRAFT PC: January 20, 2026
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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
116. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 117. Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds require approval and necessary permits from respective Federal and/or State Agencies. 118. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required.
119. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 120. 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.
121. All grading shall be done under the supervision of a licensed geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City.
122. Review and approval of the project sediment and erosion control plan shall be completed.

As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request.
123. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 124. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with all required environmental mitigation triggered by the proposed grading activity.
125. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the Community Facilities District (CFD) annexation, formation, or other mitigation process as approved my Administrative Services. Proof of application submittal shall be provided to the City Engineering Department.

PRIOR TO BUILDING PERMIT
126. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit.

Conditions of Approval - DRAFT PC: January 20, 2026
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127. All public improvement, traffic signal, signing and striping plans shall be completed and approved by the City Engineer.
128. All public right-of-way vacations and public easements prepared by separate instruments shall be recorded prior to the issuance of a building permit. 129. Final Map shall be recorded.

PRIOR TO OCCUPANCY/ FINAL APPROVAL/ PROJECT CLOSEOUT
130. All public improvements, including the District’s drainage facility(ies) as provided in Section 104, shall be constructed in accordance with the approved plans or as a condition of this development to the satisfaction of the City Engineer prior to the issuance of first occupancy.

In addition, with respect to the District’s drainage facility(ies) as provides in Section 4 District shall have accepted such drainage facility(ies) for operation and maintenance or, alternatively, written approval has been provided by the District waiving the foregoing timing and providing for a later reference point for acceptance. 131. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
132. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to first occupancy. 133. In the event of the damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 134. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
135. Applicant shall submit documentation pursuant to City’s Security Release handout. 136. Applicant shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, the developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format. 137. 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
138. Due to the project being in a High Fire Area, fuel modification and defensible space will be required.
139. The applicant or developer shall provide fire hydrants in accordance with the following:

Conditions of Approval - DRAFT PC: January 20, 2026
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a. Prior to placing any combustibles on site, provide an approved water source for firefighting purposes.
b. Prior to building permit issuance, submit plans to the water district for a water system capable of delivering fire flow as required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Hydrants must produce the required fire flow per the California Fire Code.
c. Fire flow shall be determined by the building of the single largest square footage. The minimum fire flow be 1,500 GPM at 20 PSI for a 2-hour duration, per the 2022 California Fire Code for a building with Type V-B construction. Final fire flow will be determined when final square footage is provided.
140. Prior to building permit issuance, install the approved water system and contact the Fire Department for a verification inspection.
141. Fire Sprinkler Systems: all residential occupancies shall have fire sprinkler systems in accordance with the California Residential Code, California Fire Code, and local ordinances. 142. Fire apparatus access: the California Fire Code requires fire apparatus access to within 150 feet of all portions of all buildings. Where apparatus access roads exceed 150 feet in length, an approved turnaround is required. The dimensions of this access shall be a minimum of 24’ wide and shall be shown as a shaded or hash-marked area on the submitted building plans. All minimum access requirements are as found in Riverside County Fire Department Guideline OFM-01A - Fire Department Access Requirements for Commercial & Residential Development.
143. Fire apparatus access roads serving commercial or residential development shall be designed, constructed, and maintained to support the imposed loads of RVC fire apparatus with a total weight of 80,000 pounds. Apparatus weight is distributed as 55,000 pounds on tandem rear axles and 25,000 pounds on the front axle.
144. Roads and gates must meet Engineering Department and Fire Department standards at the time of building permit application. Electric gates must have a Knox rapid entry system and an infrared opening device. Gates must be set back a minimum of 46’ from any major street. 145. The surface shall be designed, constructed, and maintained to provide all-weather driving capabilities. A letter or statement, wet-stamped and signed by a registered engineer, shall be provided on the plans certifying that any new road meets this 80,000, all-weather requirement. Road-base without an appropriate topping or binding material does not satisfy the all-weather requirement.
146. Multi-family residential projects require two points of access/egress. Primary and secondary access shall lead to a main circulatory road, be independent of one another and intersect at no point.
147. Phased projects shall establish primary and secondary access at each phase. This primary and secondary access shall be labeled on each phasing map. 148. The proposed project is expected to have an impact on the fire department’s ability to provide an acceptable level of service. These impacts include an increased number of Conditions of Approval - DRAFT PC: January 20, 2026
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emergency and public service calls due to the increased presence of structures, traffic, and population. The project applicants/developers will be expected to provide mitigations to these impacts via DIF fees.

DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into Community Facilities District No. 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD
149. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a non-refundable deposit of $15,000, or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.

Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
150. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process 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. The annexation process shall be completed prior to issuance of the first certificate of occupancy for 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 nonrefundable 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.

MITIGATION MONITORING AND REPORTING PROGRAM
151. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for the Mitigated Negative Declaration (SCH No. 2025110457) prepared for the Dexter Village project.

Conditions of Approval - DRAFT PC: January 20, 2026
PA 2024-15/TTM38512/RDR 2024-07/CUP 2024-08 CC: February 24, 2026 Applicant’s Initials: ______ Page 21 of 21
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:

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DEXTER VILLAGE
PLANNING APPLICATION NO. 2024-15
TENTATIVE TRACT MAP NO. 2024-05
CONDITIONAL USE PERMIT NO. 2024-08
RESIDENTIAL DESIGN REVIEW NO. 2024-07
ENVIRONMENTAL REVIEW NO. 2023-02

FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Prepared By:

CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Applicant:

FAIRBROOK COMMUNITIES LLC. 18100 Von Karman Avenue, Suite 870, Irvine, CA 92612 Environmental Consultant:

HELIX ENVIRONMENTAL PLANNING, INC. 7578 El Cajon Boulevard La Mesa, CA 91942
December 2025
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Table of Contents
Section Page

COMMENTS RECEIVED ON THE DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND RESPONSES ...................................................................................RTC-1 I. INTRODUCTION ........................................................................................................................... 1 A. Purpose ...................................................................................................................................... 1 B. California Environmental Quality Act ...................................................................................... 1 C. Intended Uses of Initial Study and Mitigated Negative Declaration......................................... 2 D. Contents of Initial Study............................................................................................................ 2 E. Scope of Environmental Analysis............................................................................................. 3 F. Tiered Documents, Incorporation by Reference, and Technical Studies.................................. 3 II. PROJECT DESCRIPTION.............................................................................................................. 7 A. Project Location and Setting ..................................................................................................... 7 B. Project Description.................................................................................................................... 7 III. ENVIRONMENTAL CHECKLIST.............................................................................................. 11 A. Background ............................................................................................................................. 12 B. Environmental Factors Potentially Affected ........................................................................... 13 C. Determination.......................................................................................................................... 13 IV. ENVIRONMENTAL ANALYSIS ................................................................................................ 23 I. Aesthetics................................................................................................................... 23 II. Agriculture and Forestry Resources........................................................................... 26 III. Air Quality.................................................................................................................. 28 IV. Biological Resources.................................................................................................. 35 V. Cultural Resources ..................................................................................................... 40 VI. Energy ........................................................................................................................ 46 VII. Geology and Soils ...................................................................................................... 48 VIII. Greenhouse Gas Emissions........................................................................................ 53 IX. Hazards and Hazardous Materials.............................................................................. 61 X. Hydrology and Water Quality .................................................................................... 64 XI. Land Use and Planning............................................................................................... 68 XII. Mineral Resources...................................................................................................... 72 XIII. Noise........................................................................................................................... 72 XIV. Population and Housing ............................................................................................. 78 XV. Public Services........................................................................................................... 78 XVI. Recreation................................................................................................................... 81 XVII. Transportation ............................................................................................................ 81 XVIII. Tribal Cultural Resources........................................................................................... 85 XIX. Utilities and Service Systems..................................................................................... 86 XX. Wildfire ...................................................................................................................... 88 V. MANDATORY FINDINGS OF SIGNIFICANCE ....................................................................... 90 VI. PERSONS AND ORGANIZATIONS CONSULTED.................................................................. 93 VII. REFERENCES .............................................................................................................................. 94 ii
Table of Contents (cont.)

LIST OF APPENDICES
A Air Quality, Energy, and Greenhouse Gas Emissions Impact Report B Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Biological Resources Compliance Analysis
C Phase I Cultural Resources Assessment
D Updated Geotechnical Report
E Paleontological Assessment
F Phase I Environmental Site Assessment
G Project-Specific Water Quality Management Plan
H Preliminary Drainage Report
I Noise and Vibration Impact Analysis
J Traffic Impact Analysis
K Water System Analysis
L Sewer System Analysis
M Mitigation Monitoring and Reporting Program

LIST OF FIGURES
No. Title Follows Page
1 Regional Location............................................................................................................................ 8 2 USGS Topography........................................................................................................................... 8 3 Aerial Photograph............................................................................................................................ 8 4 Site Plan ........................................................................................................................................... 8 5 Townhome Building Concept.......................................................................................................... 8 6 Detached Homes Building Concepts............................................................................................... 8 7 Single-family Residential Recreation Center Concept .................................................................. 10 8 Apartment Building Concept ......................................................................................................... 10 9 Apartment Recreation Center Concept .......................................................................................... 10 10 Conceptual Landscape Plan ........................................................................................................... 10 iii
Table of Contents (cont.)

LIST OF TABLES
No. Title Page
1 Maximum Daily Emissions Thresholds (pounds per day).............................................................29 2 Maximum Daily Construction Emissions1 (pounds per day).........................................................30 3 Summary of Project Operational Emissions (pounds per day)......................................................31 4 Concurrent Maximum Daily Construction and Operational Emissions (pounds per day)............32 5 Maximum Localized Daily Emissions(pounds per day)...............................................................33 6 Estimated Construction Energy Consumption...............................................................................46 7 Estimated Operational Energy Consumption.................................................................................47 8 Estimated Construction Greenhouse Gas Emissions.....................................................................55 9 Estimated Annual Operational Greenhouse Gas Emissions..........................................................55 10 Project Consistency with the 2022 Scoping Plan...........................................................................56 11 Project Consistency with the City’s CAP ......................................................................................58 12 Exterior Noise Levels at Modeled Receptors ................................................................................70 13 Interior Noise Levels at Modeled Receptors..................................................................................71 14 Construction Noise Levels.............................................................................................................74 15 Operational Noise Levels...............................................................................................................76 16 Project VMT per Service Population.............................................................................................84 17 Link-level boundary VMT per Service Population........................................................................84 Dexter Village Project – IS/MND
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COMMENTS RECEIVED ON THE DRAFT INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION AND RESPONSES
Comment Letters Received
A Notice of Intent to adopt a Mitigated Negative Declaration (MND) was published in the Press-Enterprise on November 12, 2025. The Draft MND was submitted to the State Clearinghouse (SCH) under the Governor’s Office of Land Use and Climate Innovation (LCI) and circulated for a 30-day public review period beginning on November 12, 2025 and ending on December 12, 2025 (SCH No. 2025110457).

Written comments were received from the following:

A. California Department of Toxic Substances Control
B. Southern California Gas Company
C. Supporters Alliance for Environmental Responsibility D. Santa Ana Regional Water Quality Control Board
E. Riverside County Flood Control and Water Conservation District F. Riverside County Flood Control and Water Conservation District The comments received on the Draft MND have been numbered and the City of Lake Elsinore (City) has provided a written response to each numbered comment. The City’s responses are provided following each bracketed comment letter.

Revisions to the Draft MND
Comments received during the public review period for the Draft MND resulted in changes to the Initial Study (IS) prepared for the proposed project. Revisions to the Draft IS/MND are provided in strikeout/underline format to signify deletions and insertions in the Final IS/MND text.

Dexter Village Project – IS/MND
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Comment Letter A – California Department of Toxic Substances Control Dexter Village Project – IS/MND
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Dexter Village Project – IS/MND
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City Responses to Comment Letter A
A-1: This comment correctly summarizes the proposed project and introduces the comments addressed in responses A-2 through A-4 but does not address the adequacy of the environmental analysis. Refer to responses A-2 through A-4 below regarding specific comments on the MND.

A-2: The commenter notes that sites formerly used for agriculture can contain residual contaminants of concern that should be identified and remediated prior to residential development. A Phase I Environmental Site Assessment (attached as Appendix F) was prepared to assess the historical use of hazardous substances on the project site. As described in the Phase I Environmental Site Assessment, historic aerials identified a very small area of the site used for minimal agriculture generally between 1978 and 1990. Additionally, the Phase I ESA states that under normal application practices and with the passage of time, agricultural chemicals typically degrade and no longer pose a health risk. Given the small scope of agricultural uses on the project site and the amount of time that has passed since agricultural use ceased, the Phase I ESA assessed that no further action is required for the site at this time. A brief discussion of this has been added to Section IX, Issue b of this Final ISMND.

A-3: The commenter recommends documentation of the origins of the soil and fill material for the site and states that, if applicable, sampling should be conducted to ensure that the imported soil/fill material is suitable for the intended land use. As discussed in Section II(B) of this document, grading would be balanced on site, resulting in no import or export of soil. The soil and fill import testing measures requested in this comment do not apply to the project. No revisions to the environmental analysis are required.

A-4: The commenter reiterates their request for soil testing, as mentioned in comment A-1, and address any identified contamination through an Environmental Site Assessment or self-certified local agency. As discussed in response A-1 above, a Phase I Environmental Site Assessment was completed for the project which determined that no further action is required for the site at this time. Refer to response A-1 above for more details. No additional revisions to the environmental analysis are required.

A-5: These are closing statements that do not address the adequacy of the environmental analysis, and no revisions to the environmental analysis are required.

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Comment Letter B – Southern California Gas Company
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City Responses to Comment Letter B
B-1: The commenter requests that the applicant notify SoCalGas of any excavation or demolition activities near their existing facilities along 3rd Street and Dexter Avenue and suggests early coordination for any natural gas needs. The City acknowledges this request – SoCalGas would be notified of any excavation or demolition activities near their existing facilities. As the comment does not raise any environmental issues with respect to the adequacy of the Draft IS/MND, no further response is required.

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Comment Letter C – Supporters Alliance for Environmental Responsibility Dexter Village Project – IS/MND
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City Responses to Comment Letter C
C-1: This comment contains introductory statements and summarizes the proposed project, but does not raise any environmental issues with respect to the adequacy of the Draft IS/MND. No further response is required. Refer to responses C-2 and C-3 below regarding specific comments on the Draft IS/MND.

C-2: The comment states that the Draft IS/MND fails to adequately assess potentially significant impacts to the environment, and requests preparation of an Environmental Impact Report (EIR) because there is a fair argument that the project may have adverse environmental effects. However, no specifics, facts, or other evidence is provided to support this assertion. The conclusions and supporting analysis contained in the Draft IS/MND that state the proposed project would not result in significant environmental effects are supported by substantial evidence contained in the record. Project impacts are adequately analyzed and assessed based on established methodologies and identified CEQA significance thresholds. Where potentially significant impacts are identified, feasible mitigation measures are identified that would avoid or reduce impacts to below a level of significance.

C-3: The City acknowledges the ability for the commenter to supplement comments prior to final hearings on the project.

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Comment Letter D – Santa Ana Regional Water Quality Control Board Dexter Village Project – IS/MND
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City Responses to Comment Letter D
D-1: This comment contains introductory statements and summarizes the proposed project, but does not raise any environmental issues with respect to the adequacy of the Draft IS/MND. No further response is required.

D-2: This comment summarizes the role and authority of the Santa Ana Water Board, but does not raise any environmental issues with respect to the adequacy of the Draft IS/MND. No further response is required.

D-3: The commenter requests a field survey to document the presence or absence of hydrological indicators for waters of the State. The presence or absence of hydrological indicators has already been assessed for the project site in conjunction with the formal jurisdictional delineation. As discussed in Section IV, Issue c of the Draft IS/MND, a Biological Resources Compliance Analysis was completed for the project to assess the potential for jurisdictional features on the project site and is attached as Appendix B to this Final IS/MND. A formal jurisdictional delineation was conducted on the project site and a surrounding 300-foot area on September 20, 2023 to identify potential wetland and non-wetland waters of U.S. under the jurisdiction of the U.S. Army Corps of Engineers, potential wetland and non-wetland waters of the State under the jurisdiction of the Regional Water Quality Control Board, and streambed and riparian habitat subject to the regulatory jurisdiction of the CDFW. No jurisdictional features were identified on the project site. No additional analysis is required.

D-4: The comment consists of closing statements that do not raise any environmental issues with respect to the adequacy of the Draft IS/MND. No further response is required.

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Comment Letter E – Riverside County Flood Control and Water Conservation District Dexter Village Project – IS/MND
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City Responses to Comment Letter E
E-1: This comment contains introductory statements and summarizes the proposed project, but does not raise any environmental issues with respect to the adequacy of the Draft IS/MND. No further response is required.

E-2: This comment request certain actions be taken for operation and maintenance of Riverside County Flood Control and Water Conservation District (District) facilities, including submittal of environmental documents to District for review, notation of drainage easements on final maps, and submittal of storm drain and hydrological plans to the District for approval. These requests are standard District requirements. All required coordination with the District would be completed as part of the permit approval process, as enforced through the project’s conditions of approval. No further response is required.

E-3: The comment consists of closing statements that do not raise any environmental issues with respect to the adequacy of the Draft IS/MND. No further response is required.

Dexter Village Project – IS/MND
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Comment Letter F – Riverside County Flood Control and Water Conservation District Dexter Village Project – IS/MND
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City Responses to Comment Letter F
F-1: The commenter notes that the project’s proposed stormwater connections could be considered an extension of the District’s 78-inch RCP Dexter Avenue Lateral to Third Street Channel Stage 2, and operation and maintenance of the facilities must be coordinated with the District. An encroachment permit would also be required and mitigation would be needed should any proposed storm drain connection exceed the hydraulic performance of the existing drainage facilities. The project would add the following condition of approval to address this requirement: “The applicant must obtain an encroachment permit for any construction related activities occurring within the Riverside County Flood Control and Water Conservation District right of way or facilities, namely, the 78-inch RCP Dexter Avenue Lateral to Third Street Channel Stage 2. If, during the encroachment permit process, it is determined that any proposed storm drain connections would exceed the hydraulic performance of the existing drainage facility, flow reduction measures would be required to the satisfaction of the District.” A brief discussion of this condition of approval has been added to Section X, issue c, number iii on page 67 of this Final IS/MND.

Dexter Village Project – IS/MND

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Lake Elsinore City CouncilFebruary 24, 2026

Lake Elsinore City Council
February 24, 2026